Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on October 14, 2019, at 1:33 PM at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed 11 agenda items during the session, taking a total of 12 votes on various land use matters including conditional use permits, variances, and administrative appeals. The meeting covered a diverse range of development requests, from commercial projects like an extended stay hotel and parking facilities to residential matters involving garage construction and setback modifications. Of the 11 items considered, 9 were approved, 1 was denied, and 1 was postponed for future consideration. No public comments were recorded during this meeting session.

Attendance

The following members were present at the meeting on October 14, 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 twelve roll call votes during the October 14, 2019 meeting 0:00.

Minutes Approval: Thomas Glover motioned to approve the September 9, 2019 meeting minutes, seconded by Joan Whitman. The motion passed 6-0 with one abstention. Voting in favor: Raquel Carter, Joan Whitman, Harry Clarke, Chad Needham, Jan Meyer, and Thomas Glover.

Case PLN-BOA-19-00071: Harry Clarke motioned to postpone James McGee's junk yard conditional use permit request until December 9, 2019, seconded by Chad Needham. The postponement passed unanimously 7-0.

Case PLN-BOA-19-00073: Thomas Glover motioned to approve Ralph & DK Templeton's variance and administrative appeal request, seconded by Harry Clarke. The motion passed 6-1 with conditions, with Raquel Carter voting against.

Case PLN-BOA-19-00067: Raquel Carter motioned to approve Boone Contracting's fence height variance, seconded by Joan Whitman. The motion passed unanimously 7-0 with one condition.

Case PLN-BOA-19-00063: Harry Clarke motioned to approve Luftrade's extended stay hotel conditional use permit, seconded by Thomas Glover. The motion passed unanimously 7-0 with four conditions.

Case PLN-BOA-19-00070: Raquel Carter motioned to approve Martine's Pastries' parking lot conditional use permit, seconded by Thomas Glover. The motion passed 6-0 with one abstention and five conditions. Chad Needham abstained.

Cases PLN-BOA-19-00060 and PLN-BOA-19-00061: Two Fayette County Local Development Corporation requests were approved. The setback variance passed 5-2 (Jan Meyer and Thomas Glover voting against), while the parking variance passed 6-1 (Thomas Glover voting against).

Case PLN-BOA-19-00072: Jan Meyer motioned to approve Viktor Chepak's parking setback variance, but the motion failed 0-7 with all members voting against approval.

Case PLN-BOA-19-00068: Thomas Glover motioned to approve the Tiptons' garage variance, passing 4-3 with Joan Whitman, Chad Needham, and Jan Meyer voting against.

Cases PLN-BOA-19-00069 and PLN-BOA-19-00074: Kiet Do and Ana Ruzic's variance request passed unanimously 7-0, while Jeremy Young's building permit appeal passed 5-2 with Joan Whitman and Jan Meyer voting against.

Contested Items

The meeting featured one contested item that resulted in a split vote among board members.

Jeremy Young's Building Permit Appeal

The primary point of contention involved Jeremy Young's appeal challenging the issuance of a building permit. The disagreement centered on whether the permit should have been granted, with Young arguing that the permit approval was made in error.

The specific issue at stake was the expansion of a non-conforming use. Young contended that the building permit would allow for activities or structures that did not comply with current zoning regulations, representing an inappropriate expansion of a use that was already non-conforming to existing standards.

After deliberation, the board ultimately sided with the appellant. The board approved Young's appeal, officially determining that the original permit issuance was indeed in error. The decision was based on the finding that granting the permit would have improperly allowed the expansion of a non-conforming use, which violated applicable zoning requirements.

This contested item required the board to carefully evaluate zoning compliance issues and determine whether the initial permit approval process had been conducted properly. The split vote indicates there was significant disagreement among board members about the merits of the appeal, though the final outcome favored the appellant's position that the permit should not have been issued.

James McGee's request for a conditional use permit to operate a junk yard

0:00 The board considered application PLN-BOA-19-00071, James McGee's request for a conditional use permit to operate a junk yard in a Heavy Industrial (I-2) zone.

Staff presented concerns regarding the proposed junk yard operation and recommended postponement of the application. The primary issues identified centered on potential environmental impacts that required additional review and analysis before the board could make an informed decision.

Key speakers during the discussion included James Marx and Branden Gross, who addressed various aspects of the proposal and the staff's recommendations for delay.

The staff's recommendation for postponement was based on the need for further review of environmental considerations associated with the junk yard operation. These concerns needed to be thoroughly evaluated before the conditional use permit could be properly assessed by the board.

Following the presentation and discussion of the staff's findings and recommendations, the board voted to postpone consideration of McGee's conditional use permit application. This postponement will allow staff additional time to conduct the necessary environmental review and address the identified concerns before bringing the matter back before the board for final consideration.

The postponement ensures that all environmental impacts and regulatory requirements can be properly evaluated before making a decision on whether to grant the conditional use permit for the proposed junk yard operation in the Heavy Industrial zone.

Ralph & DK Templeton's request for a variance and administrative appeal

0:00

The Board of Adjustment reviewed case PLN-BOA-19-00073, a request from Ralph & DK Templeton for both a variance and an administrative appeal related to a proposed new carport on their property.

The applicants sought two specific approvals: • A variance to reduce the required side yard setback for the carport construction • An administrative appeal to increase the total allowable square footage of accessory structures beyond standard limits

Key speakers during the discussion included Shane Umphries and Raquel Carter, who presented details about the request and provided analysis of the proposal.

Staff had reviewed the application and recommended approval of both the variance and administrative appeal, contingent upon specific conditions being met by the applicants. The staff report indicated that the request met the necessary criteria for granting the variance and that the administrative appeal had merit for the increased accessory structure allowance.

The Board of Adjustment ultimately approved the request, allowing the Templetons to proceed with their carport construction plans under the modified setback requirements and expanded accessory structure square footage limits, subject to the conditions outlined in the staff recommendation.

This approval enables the property owners to move forward with their carport project while maintaining compliance with local zoning regulations through the granted variance and successful administrative appeal.

Boone Contracting, LLC's request for variances to increase the allowable height

0:00

The board considered agenda item PLN-BOA-19-00067, a request from Boone Contracting, LLC for variances to increase the allowable height of a fence located within a front yard.

John Latta served as a key speaker during the discussion of this variance request. The application sought to exceed the standard height restrictions for fencing in front yard areas, which typically have lower height limits than side or rear yard fencing.

Staff presented their analysis of the request and recommended approval of the variances, subject to specific conditions. The conditions were designed to ensure the proposed fence height increase would be appropriate for the location and would not negatively impact the surrounding area or neighborhood character.

The board reviewed the staff recommendation and the specific circumstances of the property that warranted the variance request. After consideration of the application materials and staff analysis, the board approved the variance request, allowing Boone Contracting, LLC to proceed with the fence installation at the increased height as requested.

The approval enables the applicant to construct or modify the fence beyond the standard height limitations that would normally apply to front yard fencing, provided they comply with the conditions established by staff and approved by the board.

Luftrade, LLC's request for a conditional use permit for an extended stay hotel

0:00 The board considered application PLN-BOA-19-00063, submitted by Luftrade, LLC for a conditional use permit to operate an extended stay hotel in the Historic Overlay (H-1)/Neighborhood Business (B-1) zones.

Brian Luftman spoke on behalf of the application during the discussion. Staff presented their analysis and recommended approval of the conditional use permit with specified conditions.

The board approved the conditional use permit request for the extended stay hotel project.

*Note: Limited transcript information was available for this agenda item. The summary reflects the basic procedural elements and outcome of the discussion.*

Martine's Pastries' request for a conditional use permit for a parking lot

0:00 The board considered application PLN-BOA-19-00070, a request from Martine's Pastries for a conditional use permit to establish a parking lot. The parking lot would serve an existing non-conforming use at the business location.

Key speakers for the application included Martine Holzman and Jim Holzman, who presented the request to the board. The proposed parking lot was designed to address parking needs for the existing pastry business operations.

Staff presented their analysis of the application and recommended approval of the conditional use permit, subject to specific conditions. The staff report indicated that the parking lot would help support the existing non-conforming use while meeting applicable zoning requirements.

The board reviewed the application materials and heard from the applicants regarding the specifics of their proposal. The discussion focused on how the additional parking would serve the business needs and comply with local zoning standards.

Following their review and discussion of the application, the board voted to approve the conditional use permit for Martine's Pastries' parking lot request. The approval included the conditions recommended by staff to ensure compliance with zoning requirements and appropriate development standards.

The approved conditional use permit will allow Martine's Pastries to proceed with developing the parking lot to support their existing business operations.

Fayette County Local Development Corporation's request for variances to reduce side yard setbacks

0:00

The Board of Appeals considered case PLN-BOA-19-00060, a request from the Fayette County Local Development Corporation for variances to reduce required side yard setbacks for the construction of two duplexes.

Derek Thomas presented the case to the board, explaining the details of the variance request. The Local Development Corporation sought to reduce the standard side yard setback requirements to accommodate the proposed duplex construction on the property.

Staff recommended approval of the variance request, contingent upon specific conditions being met. The staff analysis determined that the variance met the necessary criteria for approval under the county's zoning ordinance.

The board approved the variance request following the staff recommendation. The approval allows the Fayette County Local Development Corporation to proceed with construction of the two duplexes with the reduced side yard setbacks, subject to the conditions outlined in the staff report.

This variance enables the development to move forward while maintaining compliance with county development standards through the approved modifications to the setback requirements.

Fayette County Local Development Corporation's request for a variance to decrease parking spaces

0:00

The Board of Appeals reviewed case PLN-BOA-19-00061, a request from the Fayette County Local Development Corporation for a variance to reduce the required number of parking spaces for a duplex development.

Derek Thomas presented the case to the board, providing details about the parking variance request. The staff had conducted a review of the application and recommended approval of the variance, contingent upon certain conditions being met.

The discussion centered on the Local Development Corporation's justification for needing fewer parking spaces than typically required under county zoning regulations for duplex properties. While the specific details of the parking reduction and conditions were not elaborated in the available materials, the request went through the standard variance review process.

Following the presentation and any board discussion, the Board of Appeals voted to approve the variance request. The approval allows the Fayette County Local Development Corporation to proceed with their duplex project using the reduced parking requirements, subject to the conditions recommended by staff.

This approval represents the board's determination that the variance request met the necessary criteria for granting relief from standard parking requirements while still maintaining appropriate development standards for the property.

Viktor Chepak's request for a variance to reduce setback for additional paved parking

0:00

The board considered case PLN-BOA-19-00072, a request by Viktor Chepak for a variance to reduce the minimum setback requirements for additional paved parking on his property.

Viktor Chepak presented his request to the board, seeking approval to install paved parking with reduced setbacks from the standard requirements. The application represented an attempt to add parking capacity while working within the constraints of the existing property layout.

Staff presented their analysis of the variance request and recommended disapproval. The primary concern cited by staff was that the proposed parking did not comply with the previously approved permit for the property. This non-compliance with existing permit conditions formed the basis for staff's negative recommendation.

The board reviewed the staff report, the applicant's presentation, and the specific details of how the proposed parking configuration would deviate from standard setback requirements. The discussion focused on the relationship between the current variance request and the existing permit obligations that had not been fulfilled.

After considering the evidence presented and staff's recommendation, the board voted to deny the variance request. The denial was based on the finding that the applicant had not complied with the conditions of the previously approved permit, making it inappropriate to grant additional variances for the property.

The decision means that Viktor Chepak cannot proceed with the additional paved parking as proposed and would need to either comply with standard setback requirements or address the outstanding permit compliance issues before seeking further variances.

Darci and Colby Tipton's request for a variance to reduce side yard for a new garage

0:00

The Board of Adjustment considered case PLN-BOA-19-00068, a request by Darci and Colby Tipton for a variance to reduce the required side yard setback to construct a new garage on their property.

Darci Tipton spoke on behalf of the application, presenting the request to the board. The proposed garage would require a reduction in the standard side yard setback requirements established by the zoning ordinance.

Staff recommended approval of the variance request, contingent upon certain conditions being met. The specific conditions and details of the setback reduction were not detailed in the available meeting materials, but the staff analysis determined that the request met the criteria for granting a variance.

The board reviewed the application and staff recommendation during their deliberations. No significant concerns or opposition were noted during the discussion of this item.

The Board of Adjustment approved the variance request, allowing the Tiptons to proceed with construction of their new garage with the reduced side yard setback as requested. The approval was granted subject to the conditions recommended by staff.

This variance will enable the property owners to construct the garage while maintaining compliance with zoning requirements through the approved modification to the standard setback provisions.

Kiet Do and Ana Ruzic's request for variances for an addition and detached garage

0:00

The board considered application PLN-BOA-19-00069, submitted by Kiet Do and Ana Ruzic requesting variances to reduce the required rear and side yard setbacks for a proposed addition and detached garage on their property.

Scott Dreyer presented the staff analysis and recommendation for this variance request. The applicants sought relief from the standard setback requirements to accommodate their planned home addition and the construction of a new detached garage structure.

Staff conducted a thorough review of the proposal and determined that the requested variances met the necessary criteria for approval. The analysis likely considered factors such as the unique characteristics of the property, potential impacts on neighboring properties, and whether the variances would be consistent with the character of the surrounding area.

Following the staff presentation and any discussion by board members, the board voted to approve the variance request. The approval came with conditions, though the specific details of those conditions were not detailed in the available information.

This approval allows Do and Ruzic to proceed with their construction plans for both the home addition and detached garage with the reduced setback requirements, provided they comply with any conditions attached to the variance approval.

Jeremy Young's appeal against the issuance of a building permit

0:00

The board considered agenda item PLN-BOA-19-00074, Jeremy Young's appeal against the issuance of a building permit for a garage and laundry facility. Young argued that the permit should not have been issued because it would expand a non-conforming use.

Key speakers during the discussion included Jeremy Young, the appellant, and Amy Clark. Young presented his case that the building permit was improperly issued, contending that the proposed garage and laundry facility would constitute an expansion of an existing non-conforming use, which would violate local zoning regulations.

The board reviewed the circumstances surrounding the permit issuance and evaluated Young's arguments regarding the non-conforming use designation. After considering the evidence and testimony presented, the board determined that Young's appeal had merit.

The board approved the appeal, finding that the original building permit issuance was in error. This decision effectively overturned the previously issued permit for the garage and laundry facility, supporting Young's position that the project would improperly expand a non-conforming use in violation of zoning requirements.