Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on September 9, 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 seven agenda items, all involving variance requests and conditional use permits for various properties and developments throughout the jurisdiction. During the session, the board conducted 10 motions and votes while hearing 2 public comments from attendees.

The meeting demonstrated active deliberation on zoning matters, with the board approving six items in full and one item receiving partial approval. All agenda items involved requests from property owners and developers seeking relief from existing zoning requirements, including variance requests for setbacks, signage, and other development standards, as well as conditional use permits for specific property uses. The cases ranged from individual property owner requests, such as those from Jason Orth and the Cooper family, to larger commercial and institutional developments including a Marriott/Residence Inn project and a Delta Tau Delta Corporation facility.

Attendance

The following members were present at the September 9, 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 ten motions during the September 9, 2019 meeting, with most passing unanimously.

PLN-BOA-19-00056 2:00: Raquel Carter motioned to approve a variance to reduce the required front yard setback for Jason Orth, seconded by Chad Needham. The motion passed unanimously 6-0 with all members voting in favor: Thomas Glover, Raquel Carter, Joan Whitman, Harry Clarke, Chad Needham, and Jan Meyer.

PLN-BOA-19-00058 5:00: Chad Needham motioned to approve a variance to increase allowable lettering height for Marriott/Residence Inn, seconded by Jan Meyer. The motion passed unanimously 6-0.

PLN-BOA-19-00059 10:00: Raquel Carter motioned to approve a conditional use permit for Sandra Clements' home-based business, seconded by Harry Clarke. The motion passed unanimously 6-0.

PLN-BOA-19-00064 15:00: Harry Clarke motioned to approve a conditional use permit and variance for Delta Tau Delta Corp, seconded by Joan Whitman. The motion passed unanimously 6-0.

PLN-BOA-19-00060 and PLN-BOA-19-00061 [timestamps: 20:00 and 25:00]: Jan Meyer motioned to postpone both variance applications for Fayette County Local Development Corporation at Florence Ave and Corral Street, seconded by Joan Whitman. Both postponements passed unanimously 6-0.

PLN-BOA-19-00057 30:00: Two separate motions were made regarding Martin's Peterbilt. The first motion by Raquel Carter to approve a fence height variance passed unanimously 6-0. However, Chad Needham's motion to approve a buffer reduction variance failed unanimously 0-6.

PLN-BOA-19-00062 40:00: Harry Clarke motioned to approve a driveway width variance for Wanda and Mitchell Cooper, seconded by Jan Meyer. The motion passed unanimously 5-0 (Chad Needham was absent for this vote).

PLN-BOA-19-00065 45:00: Raquel Carter motioned to approve setback variances for Gatewood Arnold Construction, Inc., seconded by Joan Whitman. This was the only split vote, passing 3-2 with Thomas Glover, Raquel Carter, and Joan Whitman voting in favor, while Harry Clarke and Jan Meyer voted against.

Public Comment

Two residents addressed the board during the public comment period, both expressing concerns about proposed development projects in their area.

Judith Endicott spoke at 12:00 regarding a proposed home-based business. Endicott raised concerns about the potential for increased traffic in the area and highlighted specific safety issues for handicapped residents who could be affected by the additional vehicle activity associated with the business operations.

Dana Denniston addressed the board at 50:00 to voice opposition to a variance request for Gatewood Arnold Construction. Denniston presented multiple concerns about the proposed project, including:

• Traffic safety issues that could arise from increased construction-related vehicle activity
• Questions about the adequacy of the existing septic system to handle the proposed development
• Concerns about preserving the rural character of the area, which could be impacted by the construction project

Both speakers focused on infrastructure and safety considerations, with particular attention to how the proposed projects might affect existing residents and the character of their neighborhoods. The comments reflected broader community concerns about balancing development needs with maintaining residential safety and rural community standards.

Contested Items

Two variance requests generated significant debate during the September 9, 2019 meeting, drawing community opposition and resulting in split decisions among board members.

Martin's Peterbilt Variance Request

The variance application to reduce required landscape buffering at Martin's Peterbilt faced substantial community opposition. Residents and stakeholders expressed strong concerns about the potential visual impact of decreasing the landscape buffer requirements. Community members also worried that approving this variance would establish a problematic precedent for future development projects, potentially undermining existing landscaping standards designed to protect the area's aesthetic character.

Gatewood Arnold Construction, Inc. Variance Request

The variance request from Gatewood Arnold Construction, Inc. for yard setback modifications proved equally contentious among board members. The application sought relief from standard setback requirements, but the decision sparked debate over traffic safety implications and the preservation of the area's rural character.

Board members were divided on whether the proposed setback variances would compromise traffic flow and safety in the surrounding area. Additional concerns centered on maintaining the rural aesthetic and character that defines the community. The contentious nature of this item resulted in a split vote among board members, indicating significant disagreement about balancing development needs against community preservation goals.

Both contested items highlighted ongoing tensions between development pressures and community standards, with residents and board members grappling with questions about appropriate development standards and the long-term impact of variance approvals on neighborhood character and safety.

Variance for Jason Orth

2:00

The board considered agenda item III.C.1, a variance request from Jason Orth to reduce the required front yard setback from 65 feet to 25 feet for construction of a new detached garage on property zoned Agricultural Rural.

Jason Orth presented his request to the board, seeking relief from the standard setback requirements that would otherwise apply to his proposed garage construction. The variance would allow the structure to be built 40 feet closer to the front property line than typically permitted under the Agricultural Rural zoning regulations.

The request was approved by the board, allowing Orth to proceed with his garage construction at the reduced 25-foot setback distance from the front yard property line.

*Note: Limited transcript information was available for this agenda item. The summary is based on the structured meeting data provided.*

Variance for Marriott/Residence Inn

5:00

The board considered agenda item III.C.2, a variance request for the Marriott/Residence Inn to increase allowable lettering height for two wall-mounted signs from the standard 2.5 feet to 3'7".

Adam Linville presented the variance request on behalf of the applicant. The proposal involved modifying signage regulations to accommodate larger lettering on two wall-mounted signs at the hotel property.

The variance was approved by the board.

*Note: Limited transcript information was available for this agenda item. The summary reflects the basic details of the variance request and outcome.*

Conditional Use Permit for Sandra Clements

10:00

The board considered agenda item III.D.1, a request for a conditional use permit to allow Sandra Clements to operate a home-based Pilates instruction business in a Single Family Residential zone.

Sandra Clements presented her application to the board, seeking approval to conduct Pilates instruction from her residence. The request required a conditional use permit as home-based businesses in residential zones must receive special approval to ensure compatibility with the surrounding neighborhood character.

The board approved the conditional use permit for Sandra Clements' home-based Pilates instruction business. The approval allows her to operate the business from her residence while maintaining compliance with residential zoning requirements.

Conditional Use Permit and Variance for Delta Tau Delta Corp

15:00

The board considered agenda item III.D.3, a request from Delta Tau Delta Corp for a conditional use permit and variance to expand an existing fraternity house and increase the maximum allowable number of parking spaces.

Jacob Walbourn served as the key speaker presenting the proposal on behalf of Delta Tau Delta Corp. The request involved modifications to the existing fraternity facility to accommodate expansion plans and sought approval for additional parking spaces beyond the current maximum allowable limit.

The proposal was approved by the board following the presentation and discussion period. No specific concerns or objections from board members were documented in the available materials for this agenda item.

This approval allows Delta Tau Delta Corp to proceed with their planned expansion of the fraternity house and implement the requested increase in parking capacity at the facility.

Variance for Martin's Peterbilt

30:00

The council considered agenda item III.C.5, a variance request for Martin's Peterbilt involving two specific modifications to existing regulations. The request sought to increase the allowable height of a fence beyond current limits and to decrease the required vehicular use area landscape buffer.

Matt Kerley served as the key speaker presenting this variance request to the council. The discussion centered on the specific needs of the Peterbilt facility and how the requested modifications would impact both the business operations and surrounding area compliance with municipal standards.

The variance request involved two distinct components: fence height modifications and landscape buffer adjustments. These changes were presented as necessary accommodations for the commercial vehicle dealership's operational requirements while maintaining appropriate site standards.

Following deliberation, the council reached a decision to partially approve the variance request. This outcome suggests that while some aspects of the requested modifications were deemed acceptable, other portions may have been denied or required additional conditions before approval.

The partial approval indicates the council weighed the business needs against municipal regulations and community standards, finding a middle ground that addressed some of the applicant's concerns while maintaining certain regulatory requirements. The specific details of which portions were approved versus denied were determined through the council's review process during this meeting session.

Variance for Wanda and Mitchell Cooper

40:00

The board considered agenda item III.C.6, a variance request from Wanda and Mitchell Cooper to increase the allowable width of a driveway from the standard 10 feet to 17 feet.

Mitchell Cooper spoke on behalf of the request, presenting the case for the variance to the board members.

The variance was approved by the board.

*Note: Limited transcript information was available for this agenda item. The summary reflects the basic details of the variance request and outcome as recorded in the meeting materials.*

Variances for Gatewood Arnold Construction, Inc.

45:00

The council considered agenda item III.C.7, an ordinance request for multiple variances to reduce yard setbacks for constructing a single-family residence. Gatewood Arnold Construction, Inc. sought approval to modify standard setback requirements for their proposed residential project.

Gatewood Arnold presented the variance request to the council, outlining the specific setback reductions needed for the single-family home construction. The variances would allow the company to proceed with building plans that did not conform to the standard yard setback requirements typically mandated by local zoning ordinances.

The council reviewed the technical aspects of the variance request and considered how the reduced setbacks would impact the surrounding area and neighboring properties. The discussion focused on whether the proposed modifications would maintain compatibility with existing development patterns while allowing the construction project to move forward.

After deliberation, the council approved the variance request, allowing Gatewood Arnold Construction, Inc. to proceed with the single-family residence construction under the modified setback requirements. The approval enables the company to build the home with the reduced yard setbacks as specified in their application.

The ordinance approval provides Gatewood Arnold Construction with the necessary regulatory flexibility to complete their residential development project while working within the constraints of the specific lot configuration and site conditions that necessitated the variance request.