Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on May 13, 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 three agenda items during the session, including two variance requests and one conditional use permit application.

The meeting resulted in mixed outcomes for the applicants: the Arbor Drive, LLC. Conditional Use Permit was deferred for future consideration, the William and Ben Stramer Variance was denied, and the David King Variance received approval from the board. Throughout the proceedings, the board conducted nine motions and votes to address the various matters before them.

Public participation was limited, with two public comments heard during the meeting. The board's deliberations covered zoning compliance matters that required careful consideration of local regulations and community impact, ultimately resulting in one approval, one denial, and one deferral among the three cases presented.

Attendance

The following members were present at the May 13, 2019 meeting:

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

Absent: • Thomas Glover

No members arrived late to the meeting.

Votes and Decisions

The board considered nine items during the meeting, with eight passing and one failing to receive a second.

PLN-BOA-19-00020 - Jan Meyer motioned to postpone the Arbor Drive, LLC. conditional use permit request, seconded by Harry Clarke 0:00. The motion passed 5-1, with Branden Gross voting against and Jan Meyer, Harry Clarke, Raquel Carter, Joan Whitman, and Chad Needham voting in favor.

PLN-BOA-19-00027 - Chad Needham motioned to approve a variance for Timothy Condo to increase fence height, seconded by Jan Meyer 1:00. The motion passed unanimously 6-0. The approval included the condition that the fence must be installed according to submitted plans and permits obtained.

PLN-BOA-19-00029 - Chad Needham motioned to approve a variance for Ball Homes, LLC. to reduce side yard setback, seconded by Joan Whitman 2:00. The motion passed unanimously 6-0, with the condition that the retaining wall must be constructed according to submitted plans and permits obtained.

PLN-BOA-19-00025 - Jan Meyer motioned to approve a conditional use permit for Marcus Cammuse for a home-based business, seconded by Joan Whitman 3:00. The motion passed unanimously 6-0, conditioned on the business operating according to submitted plans and permits obtained.

PLN-BOA-19-00017 - Harry Clarke motioned to approve an administrative appeal for Athens Property, LLC., seconded by Jan Meyer 4:00. The motion passed unanimously 6-0, with operations required to follow submitted plans and permits obtained.

PLN-BOA-19-00024 - Raquel Carter motioned to approve an administrative appeal for Dentistry Plus for a second wall sign, seconded by Joan Whitman 5:00. The motion passed unanimously 6-0, requiring sign installation according to submitted plans and permits obtained.

PLN-BOA-19-00023 - Raquel Carter motioned to approve a variance for William and Ben Stramer to increase garage height 6:00. The motion failed due to lack of a second.

PLN-BOA-19-00026 - Raquel Carter motioned to approve a variance for David King for porch setbacks, seconded by Joan Whitman 7:00. The motion passed unanimously 6-0, requiring porches to be constructed according to amended site plan and permits obtained.

PLN-BOA-19-00030 - Chad Needham motioned to approve a conditional use permit and variance for Schlich & Deboor, LLC., seconded by Harry Clarke 8:00. The motion passed unanimously 6-0, with use and parking required to follow submitted plans and permits obtained.

Public Comment

During the public comment period, two residents spoke regarding a variance request for William and Ben Stramer 6:00.

Bruce Hutchinson addressed the board first, expressing multiple concerns about the proposed garage structure. His comments focused on: • Potential water runoff issues that could result from the construction • Noise concerns related to vehicles using the proposed garage • General objections to the structure as planned

Bernie Skeeters followed, speaking in support of the previous speaker's position. Skeeters indicated agreement with Hutchinson's concerns about the garage structure and its potential impacts.

Both speakers appeared during the same portion of the meeting and focused their comments specifically on the Stramer variance request, with no other topics addressed during the public comment period.

Contested Items

The primary contested item during this meeting was a garage height variance request submitted by William and Ben Stramer. The proposal faced significant community opposition from several residents who attended the meeting to voice their concerns about the proposed garage structure.

Multiple community members spoke against the variance request, expressing objections to the height and scale of the proposed garage. The specific details of their concerns were not elaborated in the available materials, but the opposition was substantial enough to influence the board's decision-making process.

When the matter came to a vote, the motion to approve the Stramer garage height variance failed due to lack of a second. This procedural outcome indicated that even among board members, there was insufficient support to move forward with the proposal in the face of community opposition.

The failure to secure a second for the motion effectively ended consideration of the variance request at this meeting, demonstrating how community input can influence local government decisions on zoning and building matters.

Arbor Drive, LLC. Conditional Use Permit

0:00

The Board of Adjustment considered agenda item PLN-BOA-19-00020, a request from Arbor Drive, LLC. for a conditional use permit to operate a rehabilitation home. Key speakers during the discussion included Jake Michul and Jacob Walbourn.

The application was presented to the board for review, but the discussion revealed that additional information was needed before the board could make an informed decision on the conditional use permit request. The specific details of what additional documentation or clarification was required were not detailed in the available materials.

Rather than proceeding with a vote on the application in its current form, the board determined that postponing the item would allow the applicant to provide the necessary supplementary information. This deferral ensures that all relevant details and requirements can be properly evaluated before the board makes its final determination.

The agenda item was officially deferred, meaning it will return to a future Board of Adjustment meeting once Arbor Drive, LLC. has submitted the requested additional materials. The postponement allows for a more thorough review process and ensures that all parties have adequate information to make an informed decision regarding the proposed rehabilitation home facility.

William and Ben Stramer Variance

6:00

The Board of Adjustment considered case PLN-BOA-19-00023, a variance request from William and Ben Stramer to increase the height of a detached garage beyond the standard permitted limits.

William Stramer presented the request to the board, seeking approval for the height variance for their proposed detached garage structure. The specific height dimensions and justification for exceeding the standard requirements were discussed during the presentation.

Board member Bruce Hutchinson participated in the discussion of the variance application, though the specific concerns or questions raised during the deliberation were not detailed in the available materials.

Following the presentation and board discussion, a motion was made regarding the Stramer variance request. However, the motion failed due to lack of a second from another board member, which is required under standard parliamentary procedure for the motion to proceed to a vote.

As a result of the failed motion, the William and Ben Stramer variance request for increased garage height was effectively denied. Without a second to the motion, the board could not move forward with formal consideration and approval of the variance application.

The denial means the Stramers would need to either redesign their detached garage to comply with existing height restrictions or potentially resubmit their application with additional information or modifications that might address any concerns that prevented board members from seconding the initial motion.

David King Variance

7:00

The Board of Appeals reviewed application PLN-BOA-19-00026, a variance request submitted by David King to reduce required porch setbacks on his property.

David King presented his request to the board, seeking relief from standard setback requirements that would allow him to construct or modify a porch closer to the property line than typically permitted under current zoning regulations.

Joanna Slogan also participated in the discussion of this variance application, though the specific nature of her involvement and role in the proceedings was not detailed in the available materials.

The board deliberated on King's variance request, examining the proposed modifications to porch setbacks and their potential impact on the surrounding area and neighboring properties. The discussion focused on the technical aspects of the setback reductions and how they would affect the overall site plan.

Following their review and discussion, the Board of Appeals approved King's variance request. However, the approval came with specific conditions requiring modifications to the site plan. These conditions were imposed to ensure the project would meet certain standards or address concerns raised during the review process, though the exact nature of the required site plan modifications was not specified in the available documentation.

The approval of PLN-BOA-19-00026 allows David King to proceed with his porch construction or modification project under the reduced setback requirements, provided he complies with the conditions stipulated by the board regarding site plan changes.