Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on November 11, 2019, at 1:34 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed seven agenda items during the session, covering various zoning variance requests and administrative appeals from property owners throughout the jurisdiction.

The board took seven votes on matters ranging from detached accessory structure height variances to fence height requests and signage approvals. Six of the seven items brought before the board were approved, with only one variance request for fence height being denied. The approved items included variances for detached accessory structure height, floodplain setback requirements, side yard reductions, swimming pool setbacks, and signage with electronic message board installations, as well as one administrative appeal regarding accessory structure size limitations.

No public comments were recorded during this meeting session, indicating that the agenda items proceeded without additional input from community members beyond the applicants and their representatives. The meeting demonstrated the board's active role in reviewing zoning compliance matters and providing property owners with necessary relief from standard zoning requirements where appropriate justification was presented.

Attendance

The Board meeting on November 11, 2019 had five members present and two members absent.

Present: • Branden Gross • Raquel Carter • Jan Meyer • Harry Clarke • Chad Needham

Absent: • Tommy Glover • Whitman

No members arrived late to the meeting.

Votes and Decisions

The Board of Adjustment conducted seven roll call votes on various variance requests and administrative appeals during the November 11, 2019 meeting.

PLN-BOA-19-00075 2:30: Raquel Carter motioned to approve a variance to increase the allowable height of a detached accessory structure from 13'9" to 18', seconded by Harry Clarke. The motion passed unanimously 5-0, with all members voting in favor: Branden Gross, Raquel Carter, Jan Meyer, Harry Clarke, and Chad Needham. The approval was subject to three conditions listed in staff recommendations.

PLN-BOA-19-00076 3:45: Harry Clarke motioned to approve a variance to decrease the minimum setback from the floodplain from 25' to 16', seconded by Jan Meyer. The motion passed unanimously 5-0, with the same five members voting in favor. The approval included three staff-recommended conditions.

PLN-BOA-19-00078 4:50: Chad Needham motioned to approve a variance to reduce required side yards from 10' to 3', seconded by Harry Clarke. The motion passed unanimously 5-0, subject to two conditions from staff recommendations.

PLN-BOA-19-00081 6:00: Jan Meyer motioned to approve a variance to reduce the required setback for a swimming pool from 10' to 7'8", seconded by Raquel Carter. The motion passed unanimously 5-0, with two staff-recommended conditions.

PLN-BOA-19-00077 7:10: Chad Needham motioned to approve an administrative appeal to increase the allowable total size of accessory structures, seconded by Harry Clarke. The motion passed unanimously 5-0, subject to three conditions.

PLN-BOA-19-00079 8:30: Chad Needham motioned to approve a variance to increase allowable fence height in the front yard from 4' to 6', seconded by Raquel Carter. The motion failed 1-4, with only Chad Needham voting in favor and Raquel Carter, Jan Meyer, Harry Clarke, and Branden Gross voting against.

PLN-BOA-19-00080 10:00: Raquel Carter motioned on a request for variances and administrative appeals for signage and electronic message board, seconded by Jan Meyer. The motion passed 4-0-1, with Raquel Carter, Jan Meyer, Harry Clarke, and Chad Needham voting in favor and Branden Gross abstaining. The approval covered requests 1-3, with requests 4-5 continued.

Contested Items

The Board addressed one contested item during the November 11, 2019 meeting that resulted in a split decision.

Electronic Message Board for LexLive Entertainment Complex

The Board considered signage requests for the LexLive Entertainment Complex, but the discussion became contentious regarding a proposed electronic message board. While the Board approved other signage requests for the facility, they continued the decision on the electronic message board due to two primary concerns.

Board members expressed disagreement about whether the LexLive facility should be classified as a civic center, which would affect the signage regulations that apply to the electronic message board. This classification question created uncertainty about the appropriate standards to use when evaluating the request.

Additionally, some Board members raised concerns about potential traffic distractions that could result from the electronic message board's operation. These safety considerations contributed to the Board's reluctance to approve the electronic signage component of the overall request.

The outcome was a split decision where the Board approved the non-electronic signage elements of the LexLive Entertainment Complex request but continued deliberation on the electronic message board portion. This allowed the Board additional time to resolve questions about the facility's proper classification and to further evaluate potential traffic safety impacts before making a final determination on the electronic signage component.

The continuation of this item demonstrates the Board's careful consideration of both regulatory compliance and public safety concerns when evaluating signage requests for entertainment facilities.

Variance for Detached Accessory Structure Height

2:30

The Board of Adjustment considered case PLN-BOA-19-00075, a variance request submitted by William and Ben Stramer to increase the allowable height of a detached accessory structure from 13'9" to 18'.

William Charles Stramer presented the request to the board, seeking approval for the height variance for their proposed detached accessory structure. The current zoning regulations limit such structures to 13 feet 9 inches in height, but the applicants required an additional 4 feet 3 inches to accommodate their planned use of the building.

The board reviewed the staff recommendations and associated conditions for approval of the variance request. Staff had analyzed the proposal against the required variance criteria and determined that the request met the necessary standards for approval.

Following the presentation and board discussion, the Board of Adjustment approved the variance request. The approval allows the Stramers to construct their detached accessory structure at the requested height of 18 feet, subject to the conditions outlined in the staff report.

The approved variance provides the applicants with the flexibility needed for their accessory structure while maintaining compliance with the board's standards for granting height variances in residential areas.

Variance for Floodplain Setback

3:45

The Board of Adjustment reviewed case PLN-BOA-19-00076, a variance request from Lakeshore Apartments Association LLC to reduce the required setback from the floodplain from 25 feet to 16 feet.

Tony Barrett presented the case to the board, providing details on the variance request and the circumstances that warranted consideration of the reduced setback requirement. The applicant sought the variance to accommodate their development plans while maintaining compliance with other applicable regulations.

Staff had reviewed the application and provided recommendations supporting approval of the variance request, along with specific conditions to ensure the reduced setback would not compromise flood safety or violate other municipal standards. The staff analysis likely considered factors such as the site's topography, flood risk assessment, and the proposed development's impact on surrounding properties.

The board deliberated on the merits of the variance request, weighing the applicant's needs against public safety considerations and compliance with floodplain management requirements. The 9-foot reduction in setback represented a significant modification to the standard 25-foot requirement, necessitating careful review of the justification and potential impacts.

Following discussion and consideration of the staff recommendations, the Board of Adjustment approved the variance request. The approval included the conditions recommended by staff to ensure the reduced setback would not create adverse effects on flood management or neighboring properties. This decision allowed Lakeshore Apartments Association LLC to proceed with their development plans under the modified setback requirement of 16 feet from the floodplain.

Variance for Side Yard Reduction

4:50

The Board of Adjustment considered case PLN-BOA-19-00078, a variance request from H2 Construction, LLC to reduce required side yards from 10 feet to 3 feet.

Tony Barrett served as the key speaker presenting this agenda item to the board. The variance request sought to allow construction with significantly reduced side yard setbacks, representing a 70% reduction from the standard zoning requirement.

Staff had reviewed the application and provided recommendations supporting the variance request, along with specific conditions for approval. The board reviewed these staff recommendations as part of their deliberation process.

Following discussion of the variance request and consideration of the staff analysis, the Board of Adjustment voted to approve PLN-BOA-19-00078. The approval was granted based on the staff recommendations and included the conditions outlined in the staff report.

The approved variance will allow H2 Construction, LLC to proceed with their project using the reduced 3-foot side yard setbacks instead of the standard 10-foot requirements established in the zoning code.

Variance for Swimming Pool Setback

6:00

The Board of Adjustment considered case PLN-BOA-19-00081, a variance request from Jeffrey and Katherine Wiseman to reduce the required setback for a swimming pool from 10 feet to 7 feet 8 inches.

Bruce Simpson presented the case to the board, providing details on the variance request and staff recommendations. The Wisemans sought approval to install a swimming pool with a reduced setback from the standard 10-foot requirement established by city ordinance.

Following Simpson's presentation and staff recommendations, the board reviewed the request and any applicable conditions. The variance would allow the swimming pool to be positioned closer to the property line than typically permitted under current zoning regulations.

The Board of Adjustment approved the variance request, accepting the staff's analysis and recommended conditions for the project. The approval enables the Wisemans to proceed with their swimming pool installation at the reduced 7-foot 8-inch setback rather than the standard 10-foot requirement.

Administrative Appeal for Accessory Structure Size

7:10

The Board of Appeals considered case PLN-BOA-19-00077, an administrative appeal submitted by Larry Hamilton requesting to increase the allowable total size of accessory structures on his property from 1,033 square feet to 1,560 square feet.

Hamilton presented his request to the board, seeking approval for the expanded accessory structure allowance beyond the standard permitted size. The appeal represented an increase of 527 square feet over the current allowable limit.

Staff provided their analysis and recommendations regarding the proposed size increase. The board reviewed the staff report and considered the merits of Hamilton's request in the context of applicable zoning regulations and standards for accessory structures.

Following discussion of the case details and staff recommendations, the Board of Appeals voted to approve Hamilton's administrative appeal. The approval was granted subject to specific conditions outlined by staff to ensure compliance with relevant planning and zoning requirements.

The decision allows Hamilton to proceed with accessory structures totaling up to 1,560 square feet on his property, representing a significant increase from the standard 1,033 square foot allowance. The approved variance provides Hamilton with additional flexibility for accessory structure development while maintaining adherence to the conditions established by the board.

Variance for Fence Height

8:30

The Board of Appeals considered case PLN-BOA-19-00079, a variance request from ETS Realty II, LLC to increase the allowable height of a fence in the front yard from 4 feet to 6 feet.

Jacob Walburn presented the case to the board, providing details on the variance request and the staff's analysis of the proposal. The applicant sought to exceed the standard front yard fence height restrictions established in the zoning ordinance.

Following the presentation and discussion, the Board of Appeals voted to deny the variance request. The decision was based on staff recommendations that found the request did not meet the necessary criteria for granting a variance under the zoning code.

The denial means ETS Realty II, LLC must comply with the existing 4-foot height limitation for front yard fencing on their property, or pursue alternative solutions that conform to current zoning regulations.

Signage and Electronic Message Board Requests

10:00

The Board of Adjustment reviewed case PLN-BOA-19-00080 regarding signage and electronic message board requests from LexLive Entertainment Complex. Richard Murphy served as the key speaker presenting the requests to the board.

The application included five separate requests for variances and administrative appeals related to signage requirements for the entertainment complex. The requests involved both traditional signage variances and approval for an electronic message board system.

Following discussion and consideration of the merits of each request, the board took action on the five items. The board approved requests 1, 2, and 3, finding them to meet the necessary criteria for variance approval. However, requests 4 and 5 required additional consideration and were continued to a future meeting date to allow for further review and deliberation.

The partial approval allows LexLive Entertainment Complex to proceed with the approved signage elements while the remaining requests undergo additional evaluation. The continuation of requests 4 and 5 indicates the board needed more information or time to properly assess those particular variance requests before making a final determination.