Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on April 8, 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 seven agenda items during the session, including the approval of minutes from a previous meeting and conducting public hearings on zoning appeals. The meeting featured active public participation with six public comments heard throughout the proceedings. Board members took seven formal votes on various matters brought before them during the session. The meeting covered standard board business including staff reports and informational items before concluding with the scheduling of the next meeting date and adjournment.

Attendance

The following members were present at the meeting on April 8, 2019:

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

Absent: • Joan Whitman

No members arrived late to the meeting.

Votes and Decisions

The board considered seven applications during the meeting, with five approvals and two denials.

PLN-BOA-19-00012 2:00: Thomas Glover motioned to approve Justin Denton's variance request to increase the allowable floor area ratio from 0.35 to 0.5, seconded by Chad Needham. The motion passed unanimously 6-0, with all members (Branden Gross, Thomas Glover, Raquel Carter, Harry Clarke, Chad Needham, and Jan Meyer) voting in favor. Approval included conditions requiring construction to follow submitted materials and obtaining necessary permits from Building Inspection and Historic Preservation.

PLN-BOA-19-00016 5:00: Chad Needham motioned to approve Baron Gibson's variance to reduce the required side yard setback from 3 feet to 0 feet, seconded by Harry Clarke. The motion passed unanimously 6-0, with conditions requiring compliance with submitted materials and Building Inspection permits.

PLN-BOA-19-00021 8:00: Harry Clarke motioned to approve City Center's variance to reduce minimum wall-mounted sign height from 10 feet to 8 feet, seconded by Raquel Carter. The motion passed unanimously 6-0, with conditions for installation compliance and Building Inspection permits.

PLN-BOA-19-00019 11:00: Jan Meyer motioned to approve Bluegrass Greensource, Inc.'s conditional use permit for ecotourism activities, seconded by Thomas Glover. The motion passed unanimously 6-0, with conditions requiring permits from multiple divisions including Building Inspection, Traffic Engineering, Engineering, and Water Quality.

PLN-BOA-19-00015 14:00: Raquel Carter motioned to approve James Johnson's variance to reduce side yard setbacks from 3 feet to 0 feet, seconded by Thomas Glover. The motion failed unanimously 0-6, with all members voting against approval.

PLN-BOA-19-00022 17:00: Raquel Carter motioned to approve the Roman Catholic Bishop Diocese of Lexington's conditional use permit to expand a school, seconded by Thomas Glover. The motion passed 4-2 by roll call vote, with Gross, Glover, Carter, and Clarke voting for, and Meyer and Needham voting against. Extensive conditions were imposed regarding construction compliance, parking configuration, and lighting requirements.

PLN-BOA-19-00018 20:00: Thomas Glover motioned to approve Alan Chau's conditional use permit for a place of religious assembly, seconded by Raquel Carter. The motion passed 4-2 by roll call vote, with Glover, Carter, Clarke, and Meyer voting for, and Gross and Needham voting against. Conditions limited gatherings to 40 participants six times per year and included requirements for parking, lighting, and permits.

Public Comment

Six residents spoke during the public comment period, with all comments focused on Lexington Catholic's proposed expansion and parking lot project.

Francis Stokes 25:00 opened the public comment period by expressing concerns about the timeline for construction, the impact on the neighborhood, and student safety during the expansion process.

John Kalbleisch 28:00 spoke in opposition to the parking lot expansion, citing concerns that the project would change the character of the neighborhood.

Rebecca Kuntz 30:00 discussed the neighborhood association's growth and raised concerns about parking issues and stormwater management problems related to the Lexington Catholic expansion.

Edward Dove 33:00 also opposed the parking lot expansion, arguing that the project would destroy the neighborhood's character and tranquility.

Chanthin Talwalker 36:00 focused specifically on stormwater management concerns, raising questions about the potential impact of the proposed parking lot on the neighborhood's drainage and water management systems.

Darren Duzyk 39:00 provided the sole voice of support for the project, speaking in favor of the parking lot expansion and citing the need for improved facilities and additional parking capacity at Lexington Catholic.

The public comments revealed a clear divide in community opinion, with five speakers expressing opposition or concerns about various aspects of the Lexington Catholic expansion, particularly the parking lot component, while one speaker voiced support for the project's need for enhanced facilities.

Contested Items

Two items generated significant debate during the April 8, 2019 meeting, drawing community opposition and resulting in split votes among board members.

Lexington Catholic Parking Lot Expansion

The proposed parking lot expansion at Lexington Catholic faced substantial community pushback from neighborhood residents. Several community members attended the meeting to voice their concerns about the project's potential impact on the surrounding area. The primary objections centered on two key issues: the expansion's effect on the neighborhood's existing character and concerns about stormwater management capabilities. Residents expressed worry that the additional paved surfaces would alter the residential feel of the area and potentially create drainage problems that could affect nearby properties.

Alan Chau's Conditional Use Permit

A conditional use permit application submitted by Alan Chau for establishing a place of religious assembly proved highly divisive among board members. The proposal sparked considerable debate during deliberations, ultimately resulting in a narrow 4-2 split vote in favor of approval. The contentious nature of the decision was evident in the close margin, with two board members voting against the permit despite the majority's support.

The split vote on Chau's application highlighted differing perspectives among board members regarding the appropriateness of the proposed religious assembly use at the specified location. While the permit ultimately received approval, the 4-2 vote demonstrated that the decision was far from unanimous and reflected genuine disagreement about the merits of the application.

Both contested items illustrate the challenges faced by the board when balancing development proposals with community concerns and regulatory considerations. The community opposition to the Lexington Catholic expansion and the divided board vote on the religious assembly permit underscore the complex nature of land use decisions and their impact on local neighborhoods.

Call to Order

Chair Branden Gross called the meeting to order at 1:30 p.m. 0:00

This was a procedural item to formally begin the meeting session. No discussion or debate occurred during this agenda item, as it served solely to establish the official start time of the proceedings.

Approval of Minutes

1:00

The board considered the approval of minutes from the March 11, 2019 meeting as agenda item II. Thomas Glover and Chad Needham were the key speakers during this discussion.

The minutes from the previous meeting were presented for review and approval by the board members. Following the discussion led by Glover and Needham, the board voted to approve the March 11, 2019 meeting minutes without any noted objections or amendments.

The approval was completed as a standard procedural item, allowing the board to move forward with the remainder of the meeting agenda.

Public Hearing on Zoning Appeals

2:00

The board conducted a public hearing on various zoning appeals during agenda item III. Branden Gross served as a key speaker during this portion of the meeting.

The hearing addressed multiple zoning matters, including variance requests and conditional use applications. These types of appeals typically involve property owners seeking exceptions to existing zoning regulations or permission to use their property in ways not normally permitted under current zoning classifications.

The session was structured as an informational hearing, allowing for public input and discussion of the various zoning matters before the board. This format provides an opportunity for community members, property owners, and other stakeholders to present their cases and voice any concerns regarding the proposed zoning changes or exceptions.

The hearing covered various zoning appeals that had been submitted for the board's consideration, though specific details about individual cases were not detailed in the available materials. Such hearings are a standard part of the municipal zoning process, ensuring that requests for variances or conditional uses receive proper public review before any decisions are made.

The outcome was classified as informational, indicating that this session was primarily focused on gathering information and public input rather than making final determinations on the appeals. This suggests that the board may take action on these matters at a subsequent meeting after having the opportunity to review all testimony and materials presented during the public hearing.

Board Items

42:00 Chair Branden Gross opened the Board Items portion of the meeting, announcing that any items Board members wished to present would be heard at this time.

No Board members brought forward any items for discussion during this segment of the meeting. The agenda item served as a designated opportunity for Board members to raise additional matters not covered elsewhere on the agenda, but no such items were presented.

This was an informational item with no action taken or decisions made.

Staff Items

43:00

Chair Branden Gross announced a training opportunity available for Board of Adjustment (BOA) members scheduled for April 10, 2019. This agenda item served as an informational announcement to notify board members of the upcoming professional development opportunity.

No additional details were provided in the available materials regarding the specific content, location, or duration of the training session. The announcement was brief and procedural in nature, with no discussion or debate from other board members recorded.

This item was purely informational, requiring no action or decision from the board.

Next Meeting Date

44:00

Branden Gross announced the date for the next meeting during this agenda item. The upcoming meeting is scheduled for May 13, 2019, at 1:30 p.m.

This was an informational announcement with no discussion or debate required from the meeting participants.

Adjournment

The meeting was formally adjourned at 5:18 p.m. 45:00. Branden Gross presided over the adjournment of the proceedings.

No additional discussion or business was conducted during this agenda item, as it served as the formal conclusion to the meeting session.