Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on March 11, 2019, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed six agenda items during the session, all of which involved zoning-related requests from various applicants seeking variances or conditional use permits. The meeting resulted in six motions and votes, with all requests receiving approval from the board. No public comments were recorded during the proceedings, indicating a streamlined session focused on the business items at hand.

Attendance

The following members were present at the meeting on March 11, 2019:

• Branden Gross
• Thomas Glover
• Raquel Carter
• Joan Whitman
• Harry Clarke
• Chad Needham
• Jan Meyer

No members were reported as absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The board considered six applications during the March 11, 2019 meeting, approving all requests with varying vote margins.

PLN-BOA-19-00008 [10:30]: The board unanimously approved David King's request for variances to reduce the required front yard from 20 feet to 12 feet and increase allowable building height from 24 feet to 28 feet. Thomas Glover motioned and Jan Meyer seconded the approval (7-0). The approval requires construction in accordance with submitted plans and obtaining necessary permits from Building Inspection.

PLN-BOA-19-00009 [15:45]: Lexington Habitat for Humanity's variance request to reduce side yard setback from 8 feet to 3 feet received unanimous approval. Jan Meyer motioned and Harry Clarke seconded (7-0). Development must follow submitted materials and obtain required permits.

PLN-BOA-19-00014 [20:30]: The board unanimously approved Gale and Thomas Williams' variance to reduce required setback from an alley for an accessory structure to 4 feet. Harry Clarke motioned and Thomas Glover seconded (7-0). The carport construction requires permits from both Building Inspection and Historic Preservation divisions.

PLN-BOA-19-00013 [25:00]: Anabasis, LLC received unanimous approval for a conditional use permit for a non-commercial swimming pool. Raquel Carter motioned and Joan Whitman seconded (7-0). Construction must follow submitted plans with permits from Planning, Building Inspection, and Engineering divisions.

PLN-BOA-19-00005 [30:00]: The Peninsula's conditional use permit for a private club clubhouse was unanimously approved. Harry Clarke motioned and Joan Whitman seconded (7-0). The project requires permits from Planning, Building Inspection, and Engineering divisions.

PLN-BOA-19-00010 [35:00]: Randy & Sharon Gray's variance request to reduce side yard setbacks from 3 feet to 0 feet passed 6-1 in a roll call vote. Thomas Glover motioned and Harry Clarke seconded. Voting in favor: Branden Gross, Thomas Glover, Joan Whitman, Harry Clarke, Chad Needham, and Jan Meyer. Raquel Carter voted against. The applicants must submit as-built drawings within 30 days to obtain a fence permit.

Contested Items

Two items on the agenda generated significant discussion and opposition during the March 11, 2019 meeting.

Variance Request by Randy & Sharon Gray

The variance request submitted by Randy and Sharon Gray faced community opposition, specifically from a neighboring property owner who raised concerns about access issues related to the proposed variance. Despite the neighbor's objections, the planning commission ultimately approved the variance request by a decisive 6-1 vote, with only one commissioner voting against the proposal.

Conditional Use Permit Request by The Peninsula

The conditional use permit application from The Peninsula sparked a heated discussion among commissioners regarding outdoor entertainment restrictions. The primary point of contention centered on a proposed condition that would have prohibited the amplification of outdoor live music at the venue.

Commissioners engaged in extensive debate over whether this restriction was necessary or overly limiting for the business operations. After thorough discussion of the merits and concerns surrounding outdoor amplified music, the commission decided to remove the prohibition from the list of conditions attached to the permit. This modification effectively allowed The Peninsula to proceed with amplified outdoor live music as part of their conditional use permit, representing a significant change from the staff's initial recommendation.

Both contested items ultimately received approval from the commission, though each required substantial deliberation to address the concerns raised by community members and commissioners alike.

Variance Request by David King

10:30

The Board of Adjustment considered variance request PLN-BOA-19-00008 submitted by David King for a single family residence project. King requested two specific variances: reducing the required front yard setback from 20 feet to 12 feet, and increasing the allowable building height from 24 feet to 28 feet.

David King presented his request to the board, explaining the need for the variances for his proposed single family residence. The discussion involved key speakers including King himself, along with board members Harry Clarke and Chad Needham, who participated in the review and deliberation of the variance application.

The board evaluated both variance requests as part of the single application. The front yard setback variance would allow King to build closer to the street than typically permitted under current zoning regulations. The height variance would permit construction of a structure 4 feet taller than the standard 24-foot height limit for the area.

Following discussion and consideration of the application materials, the Board of Adjustment approved both variance requests. The approval allows King to proceed with his single family residence project under the modified setback and height requirements rather than the standard zoning restrictions.

The variance approval enables the construction of the proposed residence with the 12-foot front yard setback and 28-foot maximum height, providing King with the flexibility needed for his specific development plans while maintaining compliance with other applicable zoning and building requirements.

Variance Request by Lexington Habitat for Humanity

15:45

The Board of Adjustment reviewed case PLN-BOA-19-00009, a variance request submitted by Lexington Habitat for Humanity to reduce the required side yard setback from 8 feet to 3 feet for a single family residence.

Peter Carew served as the key speaker presenting the variance request on behalf of Lexington Habitat for Humanity. The organization sought relief from the standard setback requirements to accommodate the construction of affordable housing within the existing lot constraints.

The variance would allow the proposed single family residence to be built with a 3-foot side yard setback instead of the standard 8-foot requirement mandated by current zoning regulations. This reduction of 5 feet would provide Lexington Habitat for Humanity with additional flexibility in positioning the home on the available lot.

Following discussion of the request, the Board of Adjustment approved the variance. The approval enables Lexington Habitat for Humanity to proceed with construction of the single family residence using the reduced 3-foot side yard setback, supporting the organization's mission to provide affordable housing opportunities in the community.

The variance approval represents a standard administrative process where the Board evaluated the specific circumstances of the lot and the public benefit of affordable housing provision against the established setback requirements.

Variance Request by Gale and Thomas Williams

20:30

The board considered case PLN-BOA-19-00014, a variance request submitted by Gale and Thomas Williams to reduce the required setback from an alley for an accessory structure. The applicants sought to construct a new carport with a 4-foot setback from the alley, which would be less than the standard setback requirement.

Nick Keitz presented the case to the board, providing details about the proposed carport construction and the specific variance being requested. The Williams' property requires the reduced setback to accommodate the placement of their planned accessory structure while maintaining practical use of their lot.

The board reviewed the variance request and determined that it met the necessary criteria for approval. After consideration of the application materials and presentation, the board voted to approve the variance request, allowing the Williams to proceed with construction of their carport at the reduced 4-foot setback from the alley.

This approval enables Gale and Thomas Williams to move forward with their accessory structure project under the modified setback requirements.

Conditional Use Permit Request by Anabasis, LLC

25:00

The board reviewed application PLN-BOA-19-00013, a conditional use permit request submitted by Anabasis, LLC for a non-commercial swimming pool in a High Density Apartment zone.

Nick Nicholson served as a key speaker during the discussion of this agenda item. The applicant sought approval to install a swimming pool facility that would serve residential tenants in the high-density development.

The conditional use permit was necessary because swimming pools in High Density Apartment zones require special approval to ensure compliance with zoning regulations and community standards. The board evaluated whether the proposed pool would be compatible with the surrounding residential character and meet all applicable safety and design requirements.

Following the presentation and discussion, the board approved the conditional use permit request, allowing Anabasis, LLC to proceed with their non-commercial swimming pool project in the High Density Apartment zone.

Conditional Use Permit Request by The Peninsula

30:00 The board reviewed application PLN-BOA-19-00005, a conditional use permit request submitted by The Peninsula for authorization to operate a private club and construct an associated clubhouse within a High Density Apartment zoning district.

Nick Nicholson served as a key speaker during the discussion of this agenda item. The Peninsula's proposal involved establishing a private club facility that would require conditional use approval due to the nature of the use within the existing zoning classification.

The primary focus of the request centered on The Peninsula's plans to construct a clubhouse structure to support their private club operations. This type of facility requires special consideration under the municipal zoning code when proposed in High Density Apartment zones, necessitating the conditional use permit process.

The board ultimately approved the conditional use permit request, allowing The Peninsula to proceed with their proposed private club and clubhouse development project. The approval enables the organization to move forward with construction plans for the clubhouse facility within the High Density Apartment zoned area.

This approval represents the board's determination that the proposed private club use and associated clubhouse construction would be compatible with the surrounding High Density Apartment zoning district and would not create adverse impacts on the neighborhood or conflict with established land use policies.

Variance Request by Randy & Sharon Gray

35:00

The Board of Adjustment considered variance request PLN-BOA-19-00010 submitted by Randy and Sharon Gray. The applicants requested variances to reduce the required side yard setbacks from 3 feet to 0 feet to allow a fence to remain as constructed.

Randy Gray presented the request to the board, explaining the circumstances that led to the need for the variance. The fence had already been constructed but did not meet the required setback distances from the property line.

Rob Carlisle also spoke during the discussion of this agenda item, though the specific nature of his comments was not detailed in the available materials.

The variance request involved reducing both side yard setbacks to zero feet, which would allow the existing fence to remain in its current location rather than requiring the property owners to relocate or modify the structure to comply with the standard 3-foot setback requirement.

After consideration of the request and any testimony provided, the Board of Adjustment approved the variance application. This decision allows Randy and Sharon Gray to maintain their fence in its current position without having to make costly modifications to bring it into compliance with the standard setback requirements.

The approval of PLN-BOA-19-00010 represents the board's determination that the variance met the necessary criteria for approval under local zoning regulations.