Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on August 12, 2019, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the meeting officer. The board addressed 11 agenda items consisting of variance requests, conditional use permits, conditional use amendments, and administrative appeals from various applicants including construction companies, development firms, religious organizations, and individual property owners. During the meeting, the board conducted 11 motions and votes, heard 5 public comments, and ultimately approved 9 of the 11 applications while denying 2 requests. The approved items included variance requests from KBJ Construction, IVCP Athens LLC, and Bellaire Development LLC, as well as conditional use permits for Kristofer and Helen Nonn, Mike Scott Basketball LLC, and Steadfast Collin LPC LLC, among others. The two denied applications were a variance request from Galen P. Stone and Leanne Ash, and a conditional use permit application from Horseshoe Bend Vineyard LLC.

Attendance

The following members were present at the August 12, 2019 meeting:

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

Absent: • Branden Gross

No members arrived late to the meeting.

Votes and Decisions

The board considered eleven applications during the August 12, 2019 meeting, approving nine and denying two.

Approved Applications:

• PLN-BOA-19-00046 2:00: KBJ Construction's variance request for setbacks at 516 Michigan Street passed 5-0 with 1 abstention. Jan Meyer motioned, Chad Needham seconded. Voting yes: Thomas Glover, Joan Whitman, Harry Clarke, Chad Needham, and Jan Meyer. Construction must follow submitted materials with a minimum 16-foot driveway length.

• PLN-BOA-19-00048 4:00: IVCP Athens, LLC's variance to reduce perimeter landscape buffer at 5301 Athens Boonesboro Road passed unanimously 6-0. Chad Needham motioned, Harry Clarke seconded. All members voted yes: Thomas Glover, Raquel Carter, Joan Whitman, Harry Clarke, Chad Needham, and Jan Meyer.

• PLN-BOA-19-00049 6:00: Bellaire Development, LLC's landscape buffer variance at 744 Bellaire Avenue passed unanimously 6-0. Raquel Carter motioned, Jan Meyer seconded.

• PLN-BOA-19-00040 8:00: Kristofer and Helen Nonn's conditional use permit for a child care facility at 561 N. Limestone passed 5-0 with 1 abstention. Harry Clarke motioned, Joan Whitman seconded. The facility may serve up to 4 children.

• PLN-BOA-19-00047 10:00: Mike Scott Basketball, LLC's conditional use permit for a childcare facility at 2414 Palumbo Drive passed unanimously 6-0. Raquel Carter motioned, Harry Clarke seconded.

• PLN-BOA-19-00053 12:00: Steadfast Collin LPC, LLC's temporary real estate sales office at 2575 Polo Club Boulevard passed unanimously 6-0. Chad Needham motioned, Raquel Carter seconded.

• PLN-BOA-19-00055 14:00: Apostles Anglican Church's amendment for seasonal activities at 200 & 296 Colony Boulevard passed unanimously 6-0. Harry Clarke motioned, Jan Meyer seconded. The market may operate Wednesdays 7:00 a.m. to 12:30 p.m. during two 90-day periods annually.

• PLN-BOA-19-00051 16:00: Compass Capital, LLC's administrative appeal at 131 Kentucky Avenue passed unanimously 6-0. Jan Meyer motioned, Joan Whitman seconded.

• PLN-BOA-19-00054 18:00: Stonewall Investments, LLC's signage transfer appeal at 3101 Clays Mill Road passed unanimously 6-0. Chad Needham motioned, Joan Whitman seconded.

Denied Applications:

• PLN-BOA-19-00052 20:00: Galen P. Stone and Leanne Ash's garage height variance at 327 McDowell Road failed 0-6. Raquel Carter motioned, Harry Clarke seconded. All members voted against.

• PLN-BOA-19-00045 22:00: Horseshoe Bend Vineyard, LLC's bistro and special events permit at 4688 Paris Pike failed 0-6. Harry Clarke motioned, Joan Whitman seconded. All members voted against.

Public Comment

Five residents spoke during the public comment period, all addressing concerns related to the Horseshoe Bend Vineyard conditional use permit application.

Brittany Roethemeir 24:00 expressed concerns about the proposed bistro and event space at Horseshoe Bend Vineyard, specifically regarding its potential impact on the agricultural and equine character of the surrounding area.

Nana Lampton 26:00 spoke about the historical significance of the Paris Pike corridor and emphasized the importance of preserving its distinctive character amid development pressures.

Hilary McCowan 28:00 provided clarification regarding operations at Gainsway Farm, noting that tours conducted there are small in scale and not comparable to the type of events proposed for the Horseshoe Bend Vineyard development.

Bill Justice 30:00 raised concerns about the potential negative impacts the proposed vineyard development could have on nearby horse farms in the area.

Connie Hale 32:00 questioned whether the proposed winery operations truly qualify as agricultural in nature and expressed additional concerns about the development's broader impact on the surrounding community.

All public comments focused on the same development proposal, with speakers consistently raising concerns about preserving the area's agricultural and equine heritage, maintaining the character of the Paris Pike corridor, and questioning the compatibility of the proposed commercial activities with the existing rural landscape.

Contested Items

Two items on the August 12, 2019 agenda faced significant community opposition and generated substantial discussion during the meeting.

Horseshoe Bend Vineyard Conditional Use Permit

The primary contested item involved a conditional use permit request for Horseshoe Bend Vineyard to operate a bistro and host special events on their property. The proposal faced strong opposition from community members who raised concerns about multiple impacts on the surrounding area. Residents specifically cited worries about increased traffic congestion, potential noise disturbances from events, and the overall impact such commercial activities would have on the established equine character of the neighborhood. The community opposition centered on preserving the rural, horse-focused nature of the area that residents valued.

Galen P. Stone and Leanne Ash Variance Request

The second contested item was a variance request submitted by Galen P. Stone and Leanne Ash seeking permission to increase the height of a detached garage beyond what current zoning ordinances allow. This request also drew community opposition from neighboring residents. The planning body ultimately denied the variance request, citing the applicants' failure to demonstrate compliance with existing zoning ordinances. The denial was supported by the community opposition that had been voiced during the public input portion of the proceedings.

Both contested items highlighted ongoing tensions between property development desires and community preservation efforts, with residents actively participating in the public process to voice their concerns about proposed changes to their neighborhoods.

KBJ CONSTRUCTION Variance Request

2:00

The board reviewed case PLN-BOA-19-00046, a variance request submitted by KBJ Construction for a proposed single-family residence at 516 Michigan Street. Keith Jones presented the request on behalf of the construction company.

The variance application sought relief from standard setback requirements to accommodate the construction of a new single-family home on the property. During the discussion, the board examined the specific dimensions and constraints of the lot that necessitated the variance request.

Keith Jones explained the circumstances that made the setback variances necessary for the project to proceed. The board considered how the lot size and configuration created practical difficulties that would prevent construction under the standard zoning requirements.

The board evaluated whether the variance request met the necessary criteria for approval, including whether the request was due to unique property characteristics rather than self-created hardship. Members discussed the proposed construction plans and how the reduced setbacks would impact the surrounding neighborhood and adjacent properties.

After reviewing the application materials and hearing the presentation, the board determined that the variance request was justified given the lot's specific constraints. The members found that the proposed construction would be compatible with the neighborhood character while addressing the practical challenges posed by the property's dimensions.

The board approved the variance request for KBJ Construction, allowing the project to proceed with the modified setback requirements for the new single-family residence at 516 Michigan Street.

IVCP ATHENS, LLC Variance Request

4:00

The board considered case PLN-BOA-19-00048, a variance request submitted by IVCP Athens, LLC to reduce the required landscape buffer for construction activities near a pump station.

Patrick Garrett presented the request on behalf of IVCP Athens. The company sought relief from standard landscaping requirements that would typically apply to their proposed construction project adjacent to existing pump station infrastructure.

The variance request centered on reducing the mandatory landscape buffer zone that would normally be required between the construction area and the pump station. The applicant argued that the standard buffer requirements would create practical difficulties for their development plans while not significantly impacting the intended purpose of the landscaping standards.

Following discussion of the request, the board voted to approve the variance with specific conditions attached to the approval. The conditions included requirements for the installation of fencing around the construction area and the planting of trees to provide some level of screening and landscaping mitigation, even with the reduced buffer zone.

The approval allows IVCP Athens to proceed with their construction project while still maintaining some landscaping and screening elements through the mandated fencing and tree planting requirements. These conditions were designed to balance the applicant's need for flexibility in their development plans with the community's interest in maintaining appropriate visual screening and landscaping standards near infrastructure facilities.

The variance was granted as requested, enabling the project to move forward under the specified conditions.

BELLAIRE DEVELOPMENT, LLC Variance Request

6:00

The board reviewed case PLN-BOA-19-00049, a variance request submitted by Bellaire Development, LLC for property located at 744 Bellaire Ave. The applicant sought to reduce the required landscape buffer on the site.

Jason Futch served as a key speaker during the discussion of this variance request. The board examined the specific circumstances of the property and the justification for reducing the standard landscape buffer requirements.

After deliberation, the board did not grant the full variance as originally requested by Bellaire Development. Instead, the board approved a lesser variance that included specific conditions to mitigate the reduced buffer. These conditions required the installation of fencing and additional tree planting to compensate for the reduced landscape screening.

The conditional approval demonstrates the board's approach of balancing development needs with community standards for landscaping and visual buffers. By requiring fencing and supplemental tree planting, the board ensured that some level of screening and aesthetic enhancement would be maintained despite the reduced buffer area.

The variance request was ultimately approved with the stated conditions, allowing Bellaire Development to proceed with their project at 744 Bellaire Ave under the modified landscape requirements.

KRISTOFER AND HELEN NONN Conditional Use Permit

8:00

The board reviewed conditional use permit application PLN-BOA-19-00040 submitted by Kristofer and Helen Nonn for a child care facility. Kristofer Nonn presented the request to the board during the discussion.

The Nonns sought approval to operate a child care facility, which required a conditional use permit under local zoning regulations. The application underwent review to ensure compliance with municipal requirements for such facilities.

During the discussion, the board addressed specific operational requirements for the proposed child care facility. Key areas of focus included:

• Parking arrangements and adequacy for the facility
• Compliance with health department regulations and safety standards
• Adherence to zoning requirements for child care operations

The board evaluated whether the proposed use would be compatible with the surrounding area and meet all necessary regulatory standards. Parking provisions were specifically highlighted as a condition that needed to be addressed to ensure adequate space for parents dropping off and picking up children.

Health regulations compliance was another critical component of the approval, as child care facilities must meet stringent safety and health standards established by state and local authorities.

After reviewing the application and hearing from the applicant, the board voted to approve the conditional use permit. The approval came with specific conditions that the Nonns must satisfy:

• Meeting parking requirements as specified by the board
• Maintaining full compliance with all applicable health regulations
• Operating within the parameters established for the conditional use

The approval allows Kristofer and Helen Nonn to proceed with establishing their child care facility, provided they fulfill all the conditions outlined by the board and maintain ongoing compliance with relevant regulations.

MIKE SCOTT BASKETBALL, LLC Conditional Use Permit

10:00

The board reviewed application PLN-BOA-19-00047 for a conditional use permit submitted by Mike Scott Basketball, LLC to operate a childcare facility. Mike Scott presented the request to the board during the discussion.

The application sought approval for Mike Scott Basketball, LLC to establish and operate a childcare facility under the conditional use permit process. The board examined the proposal and considered the operational requirements and compliance standards that would need to be met for the facility.

Following their review and discussion of the application, the board approved the conditional use permit request. The approval came with specific conditions that Mike Scott Basketball, LLC must meet to ensure proper operation and compliance with applicable regulations and standards for childcare facilities.

The board's decision allows Mike Scott Basketball, LLC to move forward with establishing the childcare facility, provided they adhere to the conditions set forth in the approval and maintain ongoing compliance with operational requirements.

STEADFAST COLLIN LPC, LLC Conditional Use Permit

12:00

The board considered application PLN-BOA-19-00053 for a conditional use permit requested by Steadfast Collin LPC, LLC. The company sought approval to operate a temporary real estate sales office.

Matt Carter served as a key speaker during the discussion of this agenda item. The presentation covered the specifics of Steadfast Collin's proposal for establishing temporary sales facilities to support their real estate operations.

The board reviewed the application details and discussed the appropriate conditions that should be attached to any approval. Key considerations included establishing clear parameters around the duration of the temporary use permit and ensuring adequate facilities would be provided during the operational period.

Following their deliberations, the board voted to approve the conditional use permit for Steadfast Collin LPC, LLC. The approval came with specific conditions regarding both the time limitations for the temporary real estate sales office and requirements for the facilities that must be maintained during the permit period.

The conditional approval allows Steadfast Collin to proceed with their temporary sales office operations while ensuring compliance with local zoning requirements and maintaining appropriate standards for the temporary commercial use.

APOSTLES ANGLICAN CHURCH, INC. Conditional Use Amendment

14:00

The board considered application PLN-BOA-19-00055, a conditional use amendment request from Apostles Anglican Church, Inc. to add a weekly farmer's market to their existing permitted uses.

Jessica Morris presented the church's request to amend their conditional use permit to include operation of a farmer's market on their property. The proposed amendment would allow the church to host a weekly farmer's market as an additional community service.

The board reviewed the application and discussed the operational parameters for the proposed farmer's market. Key considerations included establishing appropriate days and times for market operations to ensure compatibility with the surrounding area and minimize potential impacts on neighboring properties.

Following their review and discussion, the board approved the conditional use amendment request. The approval included specific conditions regarding the operation of the farmer's market, with restrictions on the days and times when market activities could take place. These operational limitations were designed to address any potential concerns about increased traffic, noise, or other impacts associated with the weekly market.

The approved amendment allows Apostles Anglican Church to proceed with establishing their weekly farmer's market while ensuring the activity remains compatible with their existing conditional use permit and the surrounding community.

COMPASS CAPITAL, LLC Administrative Appeal

16:00

The board considered case PLN-BOA-19-00051, an administrative appeal submitted by Compass Capital, LLC. The appeal requested approval to change a non-conforming use designation from retail sales to a combination of office and retail sales.

Jacob Walbourn served as the key speaker presenting information on this agenda item to the board members.

The case involved Compass Capital's request to modify the permitted use classification for their property, expanding from the existing non-conforming retail sales use to include office operations alongside the retail component. This type of administrative appeal allows property owners to seek board approval for use changes that may not strictly conform to current zoning requirements.

Following the presentation and board discussion of the appeal, the board voted to approve Compass Capital's request. The approval allows the property to operate under the expanded use classification, permitting both office and retail sales activities on the premises.

The successful outcome of this administrative appeal provides Compass Capital with the necessary authorization to proceed with their planned mixed-use operations, combining office space with retail sales under the non-conforming use provisions.

STONEWALL INVESTMENTS, LLC Administrative Appeal

18:00

The Board of Adjustment reviewed case PLN-BOA-19-00054, an administrative appeal submitted by Stonewall Investments, LLC. The applicant requested approval to transfer unused signage allowances for the installation of a new sign at their property.

Doug Martin served as the key speaker presenting the case to the board. The appeal centered on Stonewall Investments' request to reallocate existing signage rights that had not been utilized at the property, allowing them to install new signage within their permitted allowances.

The board discussed the technical aspects of the signage transfer request and reviewed the applicable zoning regulations governing sign allowances and transfers. The proposal involved moving unused signage capacity from one location or type to accommodate the new sign installation.

After deliberation, the Board of Adjustment approved the administrative appeal. However, the approval came with a specific condition regarding the total signage area permitted at the property. This condition ensures that the overall signage remains within acceptable limits while allowing the requested transfer of unused allowances.

The approval enables Stonewall Investments, LLC to proceed with their new signage installation under the modified arrangement, subject to compliance with the board's condition on total signage area restrictions.

GALEN P. STONE AND LEANNE ASH Variance Request

20:00

The board reviewed case PLN-BOA-19-00052, a variance request submitted by Galen P. Stone and Leanne Ash to increase the height of a detached garage beyond what is permitted under current zoning ordinances.

LeAnne Ash presented the request to the board, seeking approval for the height variance for their detached garage structure. The specific height increase requested and the current zoning limitations were discussed during the presentation.

Nick Keitz also participated in the discussion regarding this variance application, contributing to the board's consideration of the proposal.

Following deliberation, the board determined that the requested variance did not meet the necessary criteria for approval. The primary concern cited was non-compliance with existing zoning ordinances. The board found that granting the variance would not align with the established zoning requirements for detached garage structures in the area.

The variance request was denied by the board. This decision means that Stone and Ash will need to either modify their garage plans to comply with current height restrictions or explore alternative solutions that meet zoning requirements.

The denial reflects the board's commitment to maintaining consistency with established zoning standards while ensuring that any approved variances meet the specific legal criteria required for such exceptions.

HORSESHOE BEND VINEYARD, LLC Conditional Use Permit

22:00

The board reviewed application PLN-BOA-19-00045 for Horseshoe Bend Vineyard, LLC's request for a conditional use permit to operate a bistro and host special events at their vineyard facility.

Key speakers during the discussion included Daniel O'Gara and Brian Parnell, who presented details about the proposed operations and addressed board concerns.

The board raised several significant concerns about the application:

• Traffic impacts - Questions were raised about increased vehicle traffic to and from the vineyard, particularly during special events
• Noise levels - Concerns about potential noise from events and their impact on neighboring properties
• Area compatibility - Discussion focused on whether the proposed bistro and event operations were appropriate for the surrounding area

After reviewing the application materials and hearing from the speakers, the board ultimately denied the conditional use permit request. The denial was based on the board's determination that the proposed bistro and special events operations would not be compatible with the existing character of the area and could create adverse impacts related to traffic and noise.

The decision means Horseshoe Bend Vineyard, LLC will not be permitted to operate the bistro or host special events as proposed under this application. The vineyard would need to address the board's concerns and potentially submit a revised application if they wish to pursue similar operations in the future.