Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on February 11, 2019, at 1:30 PM in the Council Chambers at 200 East Main Street, Lexington, KY, with Thomas Glover presiding as the meeting officer. The board addressed eight agenda items during the session, consisting of six variance appeals, one conditional use appeal, and the election of officers for the board.

The meeting resulted in eight motions and votes, with the board approving seven of the eight matters brought before them. Six variance and conditional use appeals were approved, including requests from Buddy Prather, OHP-SOUTHLAND LLC, Baptist Health, LNMCC, CAPKY BLUEGRASS PROPERTIES LLC, and Christian Student Fellowship, Inc. The board denied one variance appeal submitted by Alan Bidwell. Additionally, the board successfully conducted their election of officers.

One member of the public provided comments during the meeting's public comment period. The session demonstrated active engagement with zoning and land use matters affecting the Lexington community, with the board exercising its authority to review appeals from planning and zoning decisions while maintaining its administrative responsibilities through the officer election process.

Attendance

The meeting on February 11, 2019 had five members present and two absent.

Present: • Thomas Glover • Raquel Carter • Joan Whitman • Harry Clarke • Chad Needham

Absent: • Branden Gross • Jan Meyer

Late: • None

Votes and Decisions

The board considered eight items during the February 11, 2019 meeting, approving six applications and denying one variance request.

PLN-BOA-18-00086 2:11: Chad Needham motioned to approve Buddy Prather's variance request to reduce the required distance from a residential zone for an overhead door from 100 feet to 73 feet. Harry Clarke seconded the motion. The board unanimously approved the variance 5-0, subject to three conditions outlined by staff.

PLN-BOA-19-00002 2:21: Raquel Carter motioned to approve OHP-SOUTHLAND, LLC's variance request to increase the allowable front setback and eliminate the vehicular use area perimeter landscape buffer. Chad Needham seconded. The motion passed unanimously 5-0, subject to four staff conditions.

PLN-BOA-19-00003 2:30: Harry Clarke motioned to approve Baptist Health's variance request to reduce the setback for a free-standing sign from 10 feet to 5 feet. Joan Whitman seconded. The board approved unanimously 5-0, subject to two staff conditions.

PLN-BOA-18-00084 2:40: Chad Needham motioned to approve LNMCC's conditional use permit request for a place of religious assembly. Harry Clarke seconded. The motion passed unanimously 5-0, subject to six staff conditions.

PLN-BOA-19-00004 2:50: Harry Clarke motioned to approve CAPKY BLUEGRASS PROPERTIES, LLC's conditional use permit to establish an extended-stay hotel. Raquel Carter seconded. The board approved unanimously 5-0, subject to four staff conditions.

PLN-BOA-19-00006 3:10: Raquel Carter motioned to approve Christian Student Fellowship, Inc.'s conditional use permit for a place of religious assembly and variances. Chad Needham seconded. The motion passed 4-1 on a roll call vote, with Thomas Glover, Raquel Carter, Joan Whitman, and Chad Needham voting in favor, and Harry Clarke voting against. The approval included six staff conditions.

PLN-BOA-19-00001 3:50: Chad Needham motioned to approve Alan Bidwell's variance request to reduce the front required setback for additional paved parking. Raquel Carter seconded. The motion failed unanimously 0-5.

Officer Elections 4:00: Harry Clarke motioned to re-elect the present officers. Chad Needham seconded. The board unanimously approved 5-0 to retain Branden Gross as Chair, Thomas Glover as Vice Chair, and Joan Whitman as Secretary.

Public Comment

During the public comment period, one community member addressed the board.

Amanda Bledsoe spoke in support of the Christian Student Fellowship project 3:00. She expressed strong support for the initiative, emphasizing the benefits it would provide to University of Kentucky students and the broader community. Bledsoe highlighted the positive impact the project would have on campus life and student engagement.

No other public comments were recorded during this portion of the meeting.

Appointments

The meeting included several reappointments to key leadership positions. Three individuals were reappointed to their respective roles:

• Branden Gross was reappointed as Chair
• Thomas Glover was reappointed as Vice Chair
• Joan Whitman was reappointed as Secretary

These reappointments maintain continuity in the leadership structure, with all three officers continuing in their current positions for another term.

Contested Items

Two appeals generated significant discussion and opposition during the February 11, 2019 meeting.

Variance Appeal by Alan Bidwell

Alan Bidwell's request to reduce the front required setback for additional paved parking faced community opposition and was ultimately denied by the board. The variance application sought to allow construction closer to the street than normally permitted under zoning regulations to accommodate expanded parking facilities.

The board determined that Bidwell's request did not meet the necessary criteria for granting a variance, specifically finding a lack of special circumstances that would justify deviating from standard zoning requirements. The denial was based on non-compliance with established zoning regulations, indicating that the proposed setback reduction would violate municipal development standards without sufficient justification for the exception.

Conditional Use Appeal by Christian Student Fellowship, Inc.

The Christian Student Fellowship, Inc. conditional use application sparked heated discussion, particularly regarding environmental preservation concerns. The primary point of contention centered on the potential impact of proposed construction on existing trees located on the property.

Board members and community participants engaged in significant debate about tree preservation requirements and the organization's construction plans. Concerns were raised about how the development would affect the existing tree canopy and whether adequate measures were being proposed to protect or replace trees that might be removed during construction.

The discussion highlighted the tension between development needs and environmental preservation, with participants examining the balance between allowing the religious organization's intended use of the property and maintaining the area's natural features. The extended debate reflected the community's investment in preserving green space and existing vegetation while accommodating legitimate development requests.

Both contested items demonstrated the board's careful consideration of zoning compliance, community impact, and regulatory requirements in their decision-making process.

Variance Appeal by Buddy Prather

2:11

The board considered a variance request from Buddy Prather to reduce the required setback distance for an overhead door from a residential zone. The current zoning ordinance requires overhead doors to be located at least 100 feet from residential zones, but Prather requested approval to place his overhead door at 73 feet from the residential boundary - a reduction of 27 feet from the standard requirement.

Buddy Prather presented his case to the board, explaining the circumstances that necessitated the variance request. Staff had reviewed the application and recommended approval of the variance, though their recommendation included specific conditions that would need to be met.

The board ultimately approved Prather's variance request, allowing him to proceed with the overhead door placement at the reduced 73-foot setback distance from the residential zone boundary. The approval enables Prather to move forward with his project while maintaining the conditions specified by staff in their recommendation.

This variance represents a 27% reduction from the standard 100-foot requirement, bringing the overhead door significantly closer to the adjacent residential area than typically permitted under the zoning ordinance.

Variance Appeal by OHP-SOUTHLAND, LLC

2:21

The board considered agenda item III.C.2, a variance appeal submitted by OHP-SOUTHLAND, LLC. The company requested two specific variances: permission to increase the allowable front setback beyond current regulations and elimination of the required vehicular use area perimeter landscape buffer.

Dick Murphy served as the key speaker during the discussion of this variance request. Staff had reviewed the application and recommended approval of the requested variances, contingent upon certain conditions being met by the applicant.

The variances sought by OHP-SOUTHLAND, LLC would modify standard development requirements that typically govern building placement and landscaping standards for vehicular areas. The front setback variance would allow the company greater flexibility in positioning structures on their property, while the landscape buffer elimination would remove the requirement for planted screening around parking or vehicle circulation areas.

Following the presentation and discussion, the board voted to approve the variance appeal. The approval aligned with staff recommendations and included the conditions that had been proposed by planning staff as part of their review process.

The successful variance appeal allows OHP-SOUTHLAND, LLC to proceed with their development plans under the modified requirements, providing them with the regulatory flexibility they requested while maintaining appropriate oversight through the attached conditions.

Variance Appeal by Baptist Health

2:30

The board considered agenda item III.C.3, a variance appeal submitted by Baptist Health regarding signage setback requirements. Baptist Health requested permission to reduce the required setback distance for a free-standing sign from the standard 10 feet to 5 feet.

Adam Bender served as the key speaker during the discussion of this variance request. The staff had reviewed the application and recommended approval of the variance, though their recommendation included specific conditions that would need to be met.

The variance request centered on practical considerations for the placement of Baptist Health's free-standing signage. The standard 10-foot setback requirement would have created challenges for the healthcare facility's signage placement, prompting their request for the reduced 5-foot setback.

Staff analysis determined that granting the variance would not compromise safety or zoning objectives, leading to their positive recommendation. The conditions attached to the staff recommendation were designed to ensure the reduced setback would still meet appropriate standards for the area.

Following the presentation and discussion, the board voted to approve Baptist Health's variance appeal. The approval allows Baptist Health to proceed with their signage plans using the reduced 5-foot setback rather than the standard 10-foot requirement, subject to the conditions outlined in the staff recommendation.

This approval enables Baptist Health to move forward with their signage project while maintaining compliance with modified setback requirements that address their specific site constraints.

Conditional Use Appeal by LNMCC

2:40

The board considered agenda item III.D.1, a conditional use appeal by LNMCC for a place of religious assembly. Staff had recommended approval of the conditional use permit with specified conditions.

Key speakers during the discussion included Dilu Parajuli, Mohani Dumre, and Taft McKinstry, who presented information regarding the proposed religious assembly use.

The conditional use permit application sought approval for LNMCC to operate a place of religious assembly at the specified location. Staff analysis determined that the proposed use met the necessary criteria for approval, leading to their recommendation to grant the permit subject to certain conditions.

Following the presentation and discussion of the application details, the board voted to approve the conditional use permit for LNMCC's place of religious assembly, accepting the staff's recommendation and associated conditions.

Conditional Use Appeal by CAPKY BLUEGRASS PROPERTIES, LLC

2:50

CAPKY BLUEGRASS PROPERTIES, LLC presented a conditional use appeal to establish an extended-stay hotel. The agenda item III.D.2 was brought forward for discussion and consideration by the governing body.

Rory Kahly served as a key speaker during the presentation of this conditional use permit request. The applicant sought approval to operate an extended-stay hotel facility under the conditional use provisions.

Staff had reviewed the application and recommended approval of the conditional use permit, though their recommendation included specific conditions that would need to be met by the applicant. The details of these recommended conditions were not specified in the available materials.

The governing body considered the staff recommendation along with the applicant's presentation during their deliberations on the conditional use request.

Following discussion, the conditional use appeal by CAPKY BLUEGRASS PROPERTIES, LLC was approved. The approval allows the company to proceed with establishing the extended-stay hotel facility, subject to compliance with any conditions that were attached to the approval.

This conditional use permit represents the formal authorization needed for CAPKY BLUEGRASS PROPERTIES, LLC to operate an extended-stay hotel at the proposed location, having satisfied the municipal requirements for this type of commercial accommodation facility.

Conditional Use Appeal by Christian Student Fellowship, Inc.

3:10

The board reviewed agenda item III.D.3, a conditional use appeal submitted by Christian Student Fellowship, Inc. The organization requested a conditional use permit to operate a place of religious assembly, along with associated variances for their proposed facility.

Staff presented their analysis and recommended approval of the conditional use permit, subject to specific conditions. The recommendation indicated that the proposed religious assembly use met the necessary criteria for approval under the applicable zoning regulations.

Key speakers during the discussion included Dick Murphy, Steve Vogel, and Amanda Bledsoe, who provided input on various aspects of the application. The speakers addressed the merits of the proposal and any relevant considerations for the conditional use permit.

The board ultimately approved the conditional use appeal by Christian Student Fellowship, Inc. The approval allows the organization to proceed with their plans for the religious assembly facility, contingent upon meeting the conditions outlined by staff in their recommendation.

This approval enables Christian Student Fellowship, Inc. to establish their place of religious assembly in accordance with the approved conditional use permit and any associated variances that were granted as part of the application review process.

Variance Appeal by Alan Bidwell

3:50

Alan Bidwell requested a variance to reduce the required front setback in order to create additional paved parking on his property. The application was designated as agenda item III.C.4.

Staff had reviewed the variance request and recommended disapproval of Bidwell's application. The specific details of the staff's reasoning for the negative recommendation were not detailed in the available materials.

During the discussion, Alan Bidwell presented his case for the variance, seeking to justify the need for reduced setback requirements to accommodate more parking spaces. Pam Bidwell also participated in the presentation, supporting the variance request. Susan Spaulding was identified as another key speaker during the proceedings.

The variance appeal centered on the property owner's desire to expand parking capacity by paving additional area closer to the front property line than normally permitted under current zoning regulations. Such variances typically require demonstrating hardship or unique circumstances that justify deviation from standard setback requirements.

Following the presentation and discussion, the board ultimately denied Alan Bidwell's variance appeal. The decision aligned with the staff recommendation for disapproval, though the specific reasons cited by board members for the denial were not captured in the available summary materials.

The denial means that Bidwell will not be permitted to reduce the front setback requirements and must comply with existing zoning regulations if he wishes to proceed with any parking improvements on the property.

Election of Officers

4:00

The board conducted its annual election of officers during agenda item IV.a. Harry Clarke led the discussion regarding the selection of leadership positions for the upcoming term.

The board proceeded to re-elect all current officers to their respective positions:

• Chair: Branden Gross
• Vice Chair: Thomas Glover
• Secretary: Joan Whitman

The election resulted in maintaining the existing leadership structure, with all three officers continuing in their current roles. The board approved the slate of officers without recorded opposition or debate.

This appointment ensures continuity in the board's leadership structure for the new term.