Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on December 9, 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 six agenda items during the session, including variance requests, conditional use permits, and an administrative appeal. Throughout the meeting, the board conducted eight motions and votes while hearing six public comments from community members. Of the six cases presented, four were approved, one was denied, and one was tabled for future consideration, demonstrating active deliberation on various zoning and land use matters affecting the Lexington community.

Attendance

The Board meeting on December 9, 2019 had six members present and one absent.

Present: • Branden Gross • Raquel Carter • Joan Whitman • Harry Clarke • Thomas Glover • Chad Needham

Absent: • Janice Meyer

Late: • None

With six of seven Board members in attendance, the meeting had a quorum to conduct official business.

Votes and Decisions

The Board of Adjustment took action on eight cases during the December 9, 2019 meeting 0:00.

Postponements: - PLN-BOA-19-00082: Motion by Thomas Glover, seconded by Raquel Carter, to postpone the variance request by Mariyana K. & Diyan R. Hristov. The motion passed unanimously 6-0 with all members voting in favor: Branden Gross, Raquel Carter, Joan Whitman, Harry Clarke, Thomas Glover, and Chad Needham.

• PLN-BOA-19-00087: Motion by Harry Clarke, seconded by Joan Whitman, to postpone the conditional use request by Community Ventures Properties, LLC. The motion passed unanimously 6-0 with the same members voting in favor.

Withdrawal: - PLN-BOA-19-00080: The administrative appeal by LexLive Entertainment Complex was withdrawn without a formal vote.

Approvals: - PLN-BOA-19-00084: Motion by Chad Needham, seconded by Harry Clarke, to approve the variance request by Altorac Farm, LLC. The motion passed unanimously 6-0, subject to three conditions outlined by staff.

• PLN-BOA-19-00083: Motion by Thomas Glover, seconded by Raquel Carter, to approve the conditional use request by Dunkin' Donuts. The motion passed unanimously 6-0, subject to three conditions outlined by staff.

• PLN-BOA-19-00086: Motion by Raquel Carter, seconded by Thomas Glover, to approve the conditional use request by The Mission Church of Lexington. The motion passed unanimously 6-0, subject to six conditions outlined by staff.

• PLN-BOA-19-00085: Motion by Harry Clarke, seconded by Chad Needham, to approve the administrative appeal by Matt Burton. The motion passed 5-0, subject to five conditions outlined by staff. Voting members were Raquel Carter, Joan Whitman, Harry Clarke, Thomas Glover, and Chad Needham.

Denial: - PLN-BOA-19-00071: Motion by Raquel Carter, seconded by Harry Clarke, to disapprove the conditional use request by James B. McGee. The motion failed with a 5-0 vote, with Branden Gross, Raquel Carter, Joan Whitman, Harry Clarke, and Thomas Glover voting in favor of the denial.

Public Comment

The Board received public comments from six speakers addressing two main topics during the December 9, 2019 meeting 0:00.

Junkyard Opposition

Four speakers voiced opposition to a proposed junkyard development:

• Nicole Horstman expressed concerns about the negative impact on VFW Post 680, citing increased vermin and potential health hazards from the junkyard operations.

• Jacob Walbourn, representing Winmar Corporation, raised concerns about environmental impacts and the facility's negative influence on future development in the area.

• Vance Evans, owner of a nearby storage facility, highlighted issues with water runoff and rodent problems that could affect his business operations.

• Gary Young spoke about water quality concerns and rodent issues that would impact the Westrock box making facility.

Parking Lot Debate

Two speakers presented opposing views on a parking lot proposal:

• Jean Scott, representing the Historic South Hill Neighborhood Association, opposed the permanent use of a lot for parking purposes. She advocated for limiting any parking use to temporary arrangements only.

• Rhett Constantine, owner of Old School Coffee, supported the parking lot proposal, explaining the need for employee parking to facilitate business growth at Dudley Square.

The public comments reflected community concerns about environmental impacts, business operations, and neighborhood preservation, with speakers representing various stakeholder groups including veterans organizations, corporations, local businesses, and neighborhood associations.

Contested Items

Two agenda items drew significant community opposition during the December 9, 2019 Board meeting.

Junkyard Operation by James B. McGee

The proposed junkyard operation by James B. McGee faced strong community resistance from residents and local business owners. Community members raised environmental concerns about the potential impact of the junkyard on the surrounding area. Opposition also centered on how the operation would affect nearby businesses and residential neighborhoods, with speakers expressing worry about property values and quality of life impacts.

Parking Lot Use by Matt Burton

Matt Burton's request for parking lot use generated opposition from the Historic South Hill Neighborhood Association. The neighborhood group took a clear position against permanent parking lot designation, instead advocating that any approval should be limited to temporary use only. The association's opposition reflected broader community concerns about preserving the character and appropriate land use in the historic neighborhood area.

Both items highlighted tensions between individual property use requests and community interests, with organized neighborhood groups and concerned residents actively participating in the public comment process to voice their objections to the proposed uses.

*Note: Specific transcript timestamps are not available for this meeting's contested items discussion.*

Variance request by Mariyana K. & Diyan R. Hristov

0:00

The Board considered case PLN-BOA-19-00082, a variance request submitted by Mariyana K. & Diyan R. Hristov to increase the allowable height of a fence located in their front yard from the current 4-foot limit to 6 feet.

Branden Gross presented the case to the Board during the discussion portion of the meeting. However, the specific details of the property location, justification for the variance request, and any staff recommendations were not fully addressed during this meeting session.

The Board ultimately decided not to proceed with a full hearing on this variance request at the December 9, 2019 meeting. Instead, the item was tabled and postponed to the next scheduled Board meeting to allow for additional preparation or information gathering.

No formal vote was taken on the merits of the variance request itself, as the matter was deferred before reaching that stage of consideration. The postponement allows the applicants and staff additional time to prepare materials or address any preliminary concerns that may have arisen.

The case will be rescheduled for consideration at a future Board of Appeals meeting, where the full details of the variance request, including the specific circumstances requiring the increased fence height and compliance with variance criteria, will be presented and debated.

Variance request by Altorac Farm, LLC

0:00

The Board considered case PLN-BOA-19-00084, a variance request submitted by Altorac Farm, LLC to reduce the required front yard setback from 300 feet to 250 feet.

David Baugh served as the key speaker presenting information about this variance request to the Board members.

The discussion centered on Altorac Farm, LLC's need to modify the standard setback requirements for their property. The applicant sought to reduce the mandatory front yard setback by 50 feet, from the standard 300-foot requirement down to 250 feet.

Following their review and discussion of the request, the Board voted to approve the variance. However, the approval came with specific conditions that the applicant must meet, though the exact details of these conditions were not specified in the available materials.

The Board's decision to grant the variance with conditions suggests they found the request reasonable while ensuring appropriate safeguards or requirements remain in place to address any potential concerns related to the reduced setback.

Conditional use request by Dunkin' Donuts

0:00

The Board reviewed application PLN-BOA-19-00083, a conditional use request by Dunkin' Donuts to establish drive-through facilities for a new restaurant location.

Timothy Markham presented the request on behalf of the applicant. The proposal involved adding drive-through service capabilities to the planned restaurant, which required conditional use approval under local zoning regulations.

The Board discussed the application and considered the operational aspects of the proposed drive-through facility, including traffic flow, site design, and compliance with municipal requirements for drive-through establishments.

Following their review and discussion of the conditional use request, the Board approved the application with conditions. The approval allows Dunkin' Donuts to proceed with establishing drive-through facilities at the proposed restaurant location, subject to meeting the specified conditions set forth by the Board.

The conditional approval ensures that the drive-through operations will comply with local zoning standards and operational requirements while allowing the business to provide the requested service to customers.

Conditional use request by The Mission Church of Lexington

0:00

The Board of Adjustment reviewed case PLN-BOA-19-00086, a conditional use request submitted by The Mission Church of Lexington to expand the parking lot at their existing church facility.

Elizabeth McCullough served as the key speaker presenting information about this request during the meeting discussion.

The proposal involved expanding the church's current parking capacity to better serve the congregation and accommodate church activities. The request was considered under the conditional use provisions that allow for modifications to existing religious facilities.

Following the presentation and board discussion, the conditional use request was approved. However, the approval came with specific conditions that the church must meet in implementing the parking lot expansion.

The approval allows The Mission Church of Lexington to proceed with their parking lot expansion project, subject to compliance with the conditions established by the Board of Adjustment. This decision enables the church to address their parking needs while ensuring the expansion meets local zoning and development standards.

Conditional use request by James B. McGee

0:00

The Board considered application PLN-BOA-19-00071, a conditional use request submitted by James B. McGee to operate a junkyard in a Heavy Industrial Zone.

James B. McGee presented his request to the Board during the discussion portion of the meeting. The application sought approval for junkyard operations within the designated Heavy Industrial zoning district.

Following review and deliberation, the Board denied McGee's conditional use request. The denial was based on environmental and community concerns that were raised during the evaluation process. The specific nature of these concerns was not detailed in the available meeting materials, but they were sufficient for the Board to determine that the proposed junkyard operation should not be approved at this location.

The Board's decision represents a rejection of the conditional use permit that would have allowed the junkyard to operate within the Heavy Industrial Zone, despite such zones typically accommodating industrial activities.

Administrative appeal by Matt Burton

0:00

The Board considered agenda item PLN-BOA-19-00085, an administrative appeal submitted by Matt Burton. The appeal concerned a request to re-establish a legal non-conforming use for a parking lot on property located within the defined Infill and Redevelopment Area.

Matt Burton served as the key speaker for this agenda item, presenting his case to the Board regarding the parking lot use on his property. The specific details of Burton's presentation and the nature of his appeal were discussed during the meeting proceedings.

The Board reviewed the administrative decision that had prompted Burton's appeal, examining the circumstances surrounding the legal non-conforming use designation for the parking lot. The property's location within the Infill and Redevelopment Area added complexity to the consideration, as these areas typically have specific development standards and requirements.

Following discussion and consideration of the appeal, the Board approved Burton's request to re-establish the legal non-conforming use for the parking lot. However, the approval came with conditions, though the specific conditions imposed were not detailed in the available meeting summary.

The approval allows Burton to continue operating the parking lot under its legal non-conforming status, despite its location within the Infill and Redevelopment Area where such uses might otherwise not be permitted under current zoning regulations.