Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on June 10, 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 four agenda items during the session, including variance appeals, a conditional use appeal, and an administrative review. All four matters brought before the board were approved, with the board taking a total of six votes throughout the meeting. No public comments were heard during this session, and the board successfully completed its review of all scheduled items.

Attendance

The following members were present at the meeting on June 10, 2019:

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

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board conducted six votes during the meeting, with most items receiving unanimous or near-unanimous approval.

Minutes Approval 0:30 Thomas Glover motioned to approve the minutes from the May 13, 2019 meeting, seconded by Harry Clarke. The motion passed unanimously 6-0 by roll call vote, with all members (Branden Gross, Raquel Carter, Harry Clarke, Chad Needham, Jan Meyer, and Thomas Glover) voting in favor.

PLN-BOA-19-00035: HIGHGATES Variance 1:30 Jan Meyer motioned to postpone the HIGHGATES variance request, seconded by Chad Needham. The postponement was approved unanimously 6-0, with all six members voting to postpone.

PLN-BOA-19-00033: Eric Whitaker Fence Variance 2:30 Harry Clarke motioned to approve Eric Whitaker's fence setback variance, seconded by Chad Needham. The variance passed 6-1, with Branden Gross, Raquel Carter, Harry Clarke, Chad Needham, and Jan Meyer voting in favor, and Thomas Glover voting against. The approval included a condition requiring corrected drawings within 30 days.

PLN-BOA-19-00036: Lexington Home Ownership Commission II Variance 3:30 Chad Needham motioned to approve the variance for Lexington Home Ownership Commission II, Inc., seconded by Jan Meyer. The motion passed 4-0 with 3 abstentions. Harry Clarke, Chad Needham, Jan Meyer, and Thomas Glover voted in favor, while three members abstained.

PLN-BOA-19-00034: Lexington Universal Academy Conditional Use Permit 4:30 Harry Clarke motioned to approve the conditional use permit for Lexington Universal Academy, Inc., seconded by Thomas Glover. The permit passed unanimously 7-0, with all seven members present (including Joan Whitman) voting in favor.

PLN-BOA-19-00037: Central Dealers Administrative Review 5:30 Thomas Glover motioned to approve the administrative review for Central Dealers, LLC., seconded by Raquel Carter. The motion passed 6-1, with Harry Clarke voting against and the remaining six members voting in favor. The approval included conditions regarding demolition timing.

Contested Items

The board faced a significant division over the administrative review for Central Dealers, LLC., resulting in a split vote that highlighted disagreements about ordinance interpretation and procedural implications.

Administrative Review for Central Dealers, LLC.

The primary point of contention centered on whether to approve the administrative review for Central Dealers, LLC. Board members were divided on this matter, with the disagreement stemming from two key areas of concern:

• Ordinance Interpretation: Board members expressed differing views on how to properly interpret the relevant ordinance provisions as they applied to Central Dealers, LLC.'s situation

• Automatic Stay Implications: There were concerns about the broader implications of implementing an automatic stay in this case, with board members disagreeing on the potential consequences of such action

The split vote reflected the complexity of the issues at hand and the genuine disagreement among board members about the appropriate course of action. The nature of the division suggests that reasonable arguments existed on multiple sides of the issue, making consensus difficult to achieve.

The contested nature of this item demonstrates the challenging balance the board must strike between following established ordinances and considering the practical implications of their decisions. The disagreement over the automatic stay provision particularly highlights the board's careful consideration of how their ruling might set precedent for future cases.

*Note: Specific vote tallies, individual board member positions, and the final outcome of this contested item were not available in the provided meeting data.*

Variance Appeal for Eric Whitaker

2:30

The board considered agenda item III.C.1, a variance request submitted by Eric Whitaker. Whitaker appeared before the board seeking approval to reduce the required setback for a 6-foot tall fence in a side street side yard from the standard 3 feet to 2 feet.

Whitaker presented his case to the board, explaining the circumstances that necessitated the variance request for his property. The specific details of his presentation and any supporting documentation were discussed during this portion of the meeting.

The board reviewed the variance application and considered the merits of reducing the setback requirement by one foot for the proposed fencing installation. The standard municipal code requires a 3-foot setback for fences of this height in side street side yard locations, but Whitaker's request sought to install the 6-foot fence with only a 2-foot setback from the property line.

Following discussion and consideration of the request, the board voted to approve Eric Whitaker's variance appeal. The approval allows him to proceed with installing the 6-foot tall fence with the reduced 2-foot setback in the side street side yard of his property, representing a deviation from the standard 3-foot setback requirement typically mandated by local zoning regulations.

Variance Appeal for Lexington Home Ownership Commission II, Inc.

3:30

The board considered agenda item III.C.2, a variance request from Lexington Home Ownership Commission II, Inc. to reduce the required side yard setback from 25 feet to 15 feet for the construction of a duplex.

Jake Michul served as the key speaker presenting information about this variance appeal during the discussion.

The variance request sought to modify standard zoning requirements that typically mandate a 25-foot side yard setback. The applicant, Lexington Home Ownership Commission II, Inc., requested permission to reduce this setback to 15 feet to accommodate their proposed duplex construction project.

The board ultimately approved the variance request, allowing the reduced setback that will enable the duplex development to proceed under the modified dimensional requirements.

This approval represents a 10-foot reduction from the standard side yard setback requirement, which will provide the applicant with additional flexibility in positioning the duplex structure on the property while still maintaining appropriate spacing from adjacent properties.

Conditional Use Appeal for Lexington Universal Academy, Inc.

4:30

The board considered agenda item III.D.1, a conditional use appeal submitted by Lexington Universal Academy, Inc. The organization requested a conditional use permit to expand their existing school facility for academic instruction purposes.

Chris McCoy served as the key speaker during the discussion of this agenda item. The appeal centered on the academy's need to accommodate growth in their educational programs through facility expansion.

The conditional use permit process allows educational institutions to modify or expand their operations within zoning requirements, subject to board approval and compliance with local regulations. Lexington Universal Academy, Inc. presented their case for why the expansion was necessary for their academic instruction mission.

Following the presentation and discussion, the board voted to approve the conditional use appeal for Lexington Universal Academy, Inc. This approval grants the organization permission to proceed with their planned school expansion under the terms of the conditional use permit.

The successful outcome enables Lexington Universal Academy, Inc. to move forward with their facility improvements to better serve their student population and educational objectives.

Administrative Review for Central Dealers, LLC.

5:30

The board considered agenda item III.D.2, an administrative review request from Central Dealers, LLC. regarding Building Inspection's decision to delay a permitted demolition of a building.

Key speakers during the discussion included Nick Nicholson and Bill Lear, who presented the company's case for the administrative review. Central Dealers, LLC. had obtained the necessary permits for building demolition but faced delays imposed by the Building Inspection department.

The company sought relief from the administrative decision that postponed their demolition project, arguing that the delay was impacting their operations and timeline. The speakers outlined the circumstances that led to Building Inspection's decision to halt the permitted demolition work.

Following the presentation and discussion of the administrative review request, the board voted to approve Central Dealers, LLC.'s appeal. This decision effectively overturned or modified Building Inspection's original determination to delay the demolition project, allowing the company to proceed with their permitted work.

The approval suggests the board found merit in the company's arguments that the Building Inspection department's delay was not justified under the circumstances presented. The administrative review process provided Central Dealers, LLC. with the opportunity to challenge the departmental decision through the formal appeals mechanism.