Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on July 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, consisting of four variance requests and three conditional use permit applications from various property owners and businesses throughout the jurisdiction.

The board took eight votes throughout the meeting and successfully approved six of the seven applications presented. Four variance requests were granted to HIGHGATES, COPPER COWS, LLC., KYLE PLOMIN, and KEVIN EBBITT, while two conditional use permits were approved for WINDY CORNER, LLC. and ROOD AND RIDDLE PARTNERS. The only item not resolved during the session was a conditional use permit request by HORSESHOE BEND VINEYARD, LLC. (doing business as JESTER'S PADDOCK), which was postponed for future consideration.

No public comments were recorded during the meeting, indicating the session focused primarily on board deliberations and decision-making regarding the pending applications. The meeting demonstrated efficient processing of zoning-related requests, with the majority of applicants receiving favorable outcomes for their proposed land use modifications and conditional use permits.

Attendance

The following members were present at the meeting on July 8, 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 took action on eight items during the July 8, 2019 meeting, with all decisions made unanimously by the seven members present.

Minutes Approval 0:00 Thomas Glover motioned to approve the minutes of the June 10, 2019 meeting, seconded by Harry Clarke. The motion passed unanimously 7-0.

PLN-BOA-19-00035 1:00 Thomas Glover motioned to approve the variance request by HIGHGATES, seconded by Harry Clarke. The motion passed unanimously 7-0, with conditions requiring development in accordance with submitted materials and notation on a Final Development Plan.

PLN-BOA-19-00041 2:00 Chad Needham motioned to approve the variance request by COPPER COWS, LLC., seconded by Joan Whitman. The motion passed unanimously 7-0, with conditions including a 10-foot minimum setback for accessory structures along Harry Street.

PLN-BOA-19-00043 3:00 Harry Clarke motioned to approve the variance request by KYLE PLOMIN, seconded by Chad Needham. The motion passed unanimously 7-0, with conditions requiring an amended site plan showing a 3-foot setback for the detached garage.

PLN-BOA-19-00044 4:00 Raquel Carter motioned to approve the variance request by KEVIN EBBITT, seconded by Thomas Glover. The motion passed unanimously 7-0, with standard construction and permitting conditions.

PLN-BOA-19-00039 5:00 Jan Meyer motioned to approve the conditional use permit request by WINDY CORNER, LLC., seconded by Thomas Glover. The motion passed unanimously 7-0, with conditions requiring paved parking lot and compliance with zoning ordinances.

PLN-BOA-19-00042 6:00 Chad Needham motioned to approve the conditional use permit request by ROOD AND RIDDLE PARTNERS, seconded by Raquel Carter. The motion passed unanimously 7-0, with extensive parking and landscaping requirements.

PLN-BOA-19-00045 7:00 Jan Meyer motioned to postpone the conditional use permit request by HORSESHOE BEND VINEYARD, LLC. (DBA JESTER'S PADDOCK), seconded by Joan Whitman. The postponement was approved unanimously 7-0.

All voting members present—Branden Gross, Raquel Carter, Joan Whitman, Harry Clarke, Chad Needham, Jan Meyer, and Thomas Glover—voted in favor of each motion.

Contested Items

The meeting featured two contested land use applications that generated community opposition and required careful board consideration.

HIGHGATES Variance Request

The board addressed a variance request submitted by HIGHGATES that faced community opposition. The primary concern centered on the potential precedent this approval might establish, particularly given the project's relationship to the urban service boundary. Board members expressed reservations about how approving this variance could impact future similar requests and the broader planning framework for the area. The specific nature of the variance and the exact outcome of the board's deliberations were not detailed in the available materials.

HORSESHOE BEND VINEYARD, LLC. Conditional Use Permit

A conditional use permit application by HORSESHOE BEND VINEYARD, LLC. encountered community opposition during the meeting. The board faced concerns from residents or stakeholders regarding the proposed vineyard operation. Rather than proceeding with an immediate decision, the board chose to postpone their ruling on the permit request. This delay was specifically intended to allow time to address potential variance requirements that may be necessary for the project to proceed. The postponement suggests the application required additional review to determine whether variances would be needed alongside the conditional use permit, indicating the complexity of the proposal and the need for thorough evaluation of all regulatory requirements.

Both contested items demonstrate the board's cautious approach to land use decisions that face community opposition, particularly when precedent-setting implications or complex regulatory requirements are involved.

Variance request by HIGHGATES

1:00

The board reviewed variance request PLN-BOA-19-00035 submitted by HIGHGATES for a development project at 4128 Todds Road. The applicant sought variances to reduce both landscape buffer requirements and setback distances from the standard zoning requirements.

Key speakers during the discussion included Tom Hatfield, Jan Meyer, Harry Clarke, and Thomas Glover, who presented various perspectives on the proposed variances. The board engaged in substantive debate regarding the merits of the request and its potential implications.

A significant concern raised during deliberations was the precedent-setting nature of the decision. Board members discussed whether approving these particular variances could establish expectations for similar future requests in the area, potentially undermining the intent of existing zoning standards for landscape buffers and setbacks.

The discussion examined the specific circumstances of the 4128 Todds Road property and whether the requested reductions in landscape buffering and setback requirements were justified by unique site conditions or other factors that would distinguish this case from standard development applications.

After considering the presentation materials, public input, and board discussion regarding both the specific merits of the HIGHGATES request and the broader policy implications, the board ultimately approved the variance request. The approval allows HIGHGATES to proceed with their development plans using the reduced landscape buffer and setback requirements rather than adhering to the standard zoning code provisions.

Variance request by COPPER COWS, LLC.

2:00

The board reviewed case PLN-BOA-19-00041, a variance request submitted by COPPER COWS, LLC. for properties located at 643 & 645 North Limestone. The applicant sought variances to reduce the required rear yard setbacks for accessory buildings on these parcels.

Key speakers during the discussion included Jeff Feldman and Thomas Glover, who presented details about the proposed variance and the specific circumstances of the properties in question.

A significant portion of the board's deliberation focused on the classification of Harry Street and whether it should be considered a street or an alley for zoning purposes. This classification was crucial to determining the appropriate setback requirements and whether the requested variances were necessary and justified.

The board examined the site conditions, existing structures, and how the proposed accessory buildings would fit within the current neighborhood context. Members discussed the technical aspects of the setback requirements and how the street versus alley designation would impact the measurement of required distances from property lines.

After reviewing the application materials and hearing the presentation, the board approved the variance request. The approval allows COPPER COWS, LLC. to proceed with their plans for accessory buildings with reduced rear yard setbacks at the North Limestone properties, having satisfied the board that the request met the necessary criteria for granting a variance under the zoning code.

Variance request by KYLE PLOMIN

3:00

The Board of Adjustment reviewed case PLN-BOA-19-00043, a variance request submitted by Kyle Plomin for property located at 543 West Third Street. Plomin requested variances to reduce the required side and rear yard setbacks to accommodate construction of a new garage and addition to the existing structure.

Kyle Plomin presented his request to the board, explaining the need for the setback reductions for his proposed construction project. The variance would allow the new garage and addition to be built closer to the property lines than typically permitted under current zoning regulations.

Jan Meyer participated in the board's discussion of the variance application, along with other board members who examined the specifics of Plomin's request. The board considered the proposed setback reductions and evaluated whether the request met the criteria for granting a variance.

Following their review and discussion of the application details, the Board of Adjustment approved Kyle Plomin's variance request. The approval allows him to proceed with construction of the new garage and addition at 543 West Third Street with the reduced side and rear yard setbacks as requested.

Variance request by KEVIN EBBITT

4:00

The board considered application PLN-BOA-19-00044, a variance request submitted by Kevin Ebbitt for property located at 523 Maryland Ave. Ebbitt requested a variance to reduce the required side yard setback to accommodate a proposed addition to the existing structure.

During the discussion, board members examined the specific requirements under the zoning code and evaluated whether the request met the criteria for granting a variance. The conversation focused on the applicability of Article 15-2(B)(7) of the zoning ordinance to this particular case.

Key speakers during the deliberation included Kevin Ebbitt, the applicant, who presented details about the proposed addition and explained the need for the setback reduction. Thomas Glover also participated in the discussion, contributing to the board's analysis of the variance request.

The board reviewed the specific circumstances of the property at 523 Maryland Ave and considered how the proposed addition would impact the surrounding area and neighboring properties. Members evaluated whether the request satisfied the necessary legal standards for granting a variance, including considerations of hardship and the character of the neighborhood.

Following their discussion and review of the application materials, the board voted to approve the variance request. This approval allows Ebbitt to proceed with the addition while maintaining a reduced side yard setback from what would normally be required under the standard zoning regulations.

The approval of PLN-BOA-19-00044 enables the property owner to move forward with the planned construction project at 523 Maryland Ave with the modified setback requirements.

Conditional use permit request by WINDY CORNER, LLC.

5:00

The board reviewed conditional use permit application PLN-BOA-19-00039 submitted by WINDY CORNER, LLC. for their property at 943 Muir Station Road. The company requested permission to continue operating a gravel parking lot at the location.

Key speakers during the discussion included Jacob Walbourn and Thomas Glover, who addressed the board regarding the permit requirements and conditions.

The primary focus of the board's deliberation centered on whether the applicant would be required to pave the existing gravel parking lot. Board members discussed the standards and requirements that would apply to the conditional use permit, particularly regarding surface improvements to the parking area.

The discussion examined the current condition of the gravel lot and what modifications, if any, would be necessary for the permit to be granted. The paving requirement appeared to be a significant consideration in the board's evaluation of the application.

After reviewing the application materials and hearing from the speakers, the board approved the conditional use permit request by WINDY CORNER, LLC. The approval allows the company to continue using the gravel parking lot at 943 Muir Station Road under the terms and conditions established by the board.

Conditional use permit request by ROOD AND RIDDLE PARTNERS

6:00

The board reviewed application PLN-BOA-19-00042, a conditional use permit request by ROOD AND RIDDLE PARTNERS to expand parking facilities for an equine hospital located at 2150 Georgetown Road.

Jeff Pearson served as a key speaker during the discussion of this agenda item. The request centered on expanding the parking capacity to better serve the existing equine hospital operations at the Georgetown Road location.

The board engaged in discussion regarding the appropriate conditions that should be attached to any approval of the conditional use permit. The specific conditions for approval were deliberated, though the detailed requirements discussed are not specified in the available materials.

Following their review and discussion of the proposal, the board approved the conditional use permit request. The approval allows ROOD AND RIDDLE PARTNERS to proceed with their planned parking expansion for the equine hospital facility, subject to the conditions established during the board's deliberations.

Conditional use permit request by HORSESHOE BEND VINEYARD, LLC. (DBA JESTER'S PADDOCK)

7:00

The board reviewed agenda item PLN-BOA-19-00045, a conditional use permit request submitted by HORSESHOE BEND VINEYARD, LLC., doing business as Jester's Paddock, to host special events at their facility.

Key speakers during the discussion included Brian Parnell and Clay Barclay, who presented details regarding the permit application and its requirements.

The primary focus of the board's deliberation centered on whether the applicant would need to obtain a variance in addition to the conditional use permit. Board members discussed the specific regulatory requirements and zoning considerations that would apply to the proposed special events at the vineyard location.

After reviewing the application materials and hearing from the speakers, the board determined that additional information or clarification was needed before making a final determination on the permit request. Rather than approving or denying the application at this meeting, the board decided to postpone their decision.

The postponement allows time for further review of the variance requirements and ensures that all necessary regulatory considerations are properly addressed before the board renders its final decision on the conditional use permit for special events at Jester's Paddock.