Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on January 13, 2020, 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 five agenda items during the session, including four variance and appeal cases and the annual election of officers. The board took six votes throughout the meeting, with mixed outcomes on the development-related matters before them. No public comments were heard during this session, indicating the meeting proceeded primarily through the formal agenda items and board deliberations.

Attendance

The following members were present at the meeting on January 13, 2020:

• Branden Gross
• Raquel Carter
• Joan Whitman
• Janice Meyer
• Harry Clarke
• Thomas Glover
• Chad Needham

No members were reported as absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The board conducted six votes during the January 13, 2020 meeting, addressing various administrative and variance requests.

Minutes Approval 0:00 Thomas Glover motioned to approve the December 9, 2019 meeting minutes, seconded by Harry Clarke. The motion passed 6-0-1 by roll call vote. Branden Gross, Raquel Carter, Joan Whitman, Harry Clarke, Thomas Glover, and Chad Needham voted in favor, with one abstention.

PLN-BOA-19-00088 1:00 The administrative appeal for Lexington Financial Center, LLC to transfer 21 square feet of allowable wall signage passed unanimously 7-0. Thomas Glover made the motion, Janice Meyer seconded. All members voted in favor: Branden Gross, Raquel Carter, Joan Whitman, Janice Meyer, Harry Clarke, Thomas Glover, and Chad Needham. The approval was subject to three conditions listed in the staff report.

PLN-BOA-19-00082 2:00 Chad Needham motioned for a variance to increase fence height for Mariyana K. & Diyan R. Hristov, seconded by Thomas Glover. The request failed 0-7, with all seven members voting against: Branden Gross, Raquel Carter, Joan Whitman, Janice Meyer, Harry Clarke, Thomas Glover, and Chad Needham.

PLN-BOA-19-00091 3:00 The variance request to reduce required front yard setback for Vibe Properties, LTD CO failed despite receiving 5 votes in favor. Thomas Glover motioned, Joan Whitman seconded. The 5-1-1 vote included support from Branden Gross, Joan Whitman, Janice Meyer, Thomas Glover, and Chad Needham. Harry Clarke voted against, with one abstention.

PLN-BOA-19-00089 4:00 Janice Meyer's motion for the administrative appeal by Greer Land Co Smyrna #2 LLC regarding signage failed 5-2. Branden Gross seconded the motion. Supporting votes came from Branden Gross, Raquel Carter, Joan Whitman, Janice Meyer, and Harry Clarke. Thomas Glover and Chad Needham voted against.

Officer Elections 5:00 Harry Clarke motioned to re-elect current officers, seconded by Raquel Carter. The motion passed unanimously 7-0, retaining Branden Gross as Chair, Thomas Glover as Vice Chair, and Joan Whitman as Secretary.

Appointments

The meeting included several reappointments to key leadership positions within the organization.

The following individuals were reappointed to their respective roles:

• Branden Gross was reappointed as Chair
• Thomas Glover was reappointed as Vice Chair
• Joan Whitman was reappointed as Secretary

These reappointments maintain continuity in the leadership structure, with all three officers continuing in their current positions for another term.

Contested Items

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

Greer Land Co Sign Appeal

The primary point of contention involved an appeal by Greer Land Co regarding a sign classification dispute. The central disagreement focused on whether a sign attached to a parapet wall should be classified as a roof sign under the applicable regulations.

Board members were divided on this technical interpretation, with some arguing that the sign's attachment to the parapet wall constituted a roof-mounted installation, while others maintained that the parapet wall attachment should be treated differently under the sign ordinance.

After discussion and deliberation, the board voted 5-2 to deny the appeal, meaning the original determination that classified the sign as a roof sign was upheld. This decision suggests that the majority of board members agreed with the staff interpretation that signs attached to parapet walls fall under the roof sign category, which likely carries different regulatory requirements or restrictions compared to other sign types.

The split vote indicates this was not a straightforward interpretation of the sign regulations, with two board members dissenting from the majority position. The close nature of the vote demonstrates the technical complexity involved in sign classification decisions and the potential for reasonable disagreement among board members when interpreting zoning and sign ordinance provisions.

Lexington Financial Center, LLC Signage Appeal

1:00

The Board of Adjustment reviewed case PLN-BOA-19-00088, an administrative appeal filed by Lexington Financial Center, LLC regarding signage at 250 W. Main Street. The appeal sought approval to transfer 21 square feet of allowable wall signage to erect a third free-standing sign at the property.

Adam Linville served as a key speaker during the discussion of this agenda item. The staff had reviewed the proposal and recommended approval of the signage transfer, though their recommendation included specific conditions that would need to be met.

The request involved reallocating existing signage allowances rather than seeking additional signage beyond what would normally be permitted for the property. By transferring wall signage square footage, the applicant aimed to install an additional free-standing sign while remaining within overall signage limits.

The board ultimately approved the administrative appeal, allowing Lexington Financial Center, LLC to proceed with their signage plan. The approval enables the property owner to move forward with installing the third free-standing sign using the transferred square footage from their wall signage allocation.

This case demonstrates the board's consideration of signage flexibility requests where applicants seek to redistribute allowable signage rather than exceed permitted limits. The staff's recommendation for approval with conditions suggests the proposal met regulatory requirements while addressing any potential concerns about signage placement or design standards.

Hristov Fence Variance

2:00

The board reviewed case PLN-BOA-19-00082, a variance request submitted by Diyan R. Hristov to increase the allowable fence height from 4 feet to 6 feet in the front yard at 3376 Scottish Trace.

Staff presented their analysis and recommended disapproval of the variance request. The proposal would allow a fence height that exceeds the standard 4-foot limitation typically required for front yard fencing in residential areas.

Diyan R. Hristov spoke in support of his variance application, presenting his case for why the increased fence height was necessary for his property.

Following discussion of the request and consideration of the staff recommendation, the board denied the variance application. The decision maintains the existing 4-foot height restriction for front yard fencing at the Scottish Trace property.

Vibe Properties Yard Variance

3:00

The board reviewed case PLN-BOA-19-00091, a variance request from Vibe Properties to reduce the required front yard setback from 20 feet to 0 feet for parking purposes at 264 E. Loudon Ave.

Marcellus Barksdale served as a key speaker during the discussion of this variance application. The request would have allowed parking to be placed directly at the property line, eliminating the standard front yard requirement entirely.

Staff had recommended disapproval of the variance request prior to the board's consideration. The significant reduction from the standard 20-foot setback to zero setback represented a substantial deviation from zoning requirements.

Following discussion, the board denied the variance request, aligning with the staff recommendation. The denial means that any parking development at the property must comply with the existing 20-foot front yard setback requirement.

Greer Land Co Sign Appeal

4:00

The board reviewed case PLN-BOA-19-00089, an administrative appeal filed by Greer Land Co regarding a sign classification determination at 1100 S. Broadway. The appeal challenged a staff decision that classified a sign attached to a parapet wall as a roof sign.

Ross MacArthur served as the key speaker for this agenda item, presenting the case details to the board. The central issue involved determining whether the sign in question should be classified as a roof sign or another type of signage, which would affect compliance with applicable zoning regulations.

Staff had previously reviewed the sign installation and determined that it constituted a roof sign based on its attachment to the parapet wall. The property owner appealed this administrative determination, seeking a different classification that would allow the sign to remain in its current configuration.

Staff maintained their recommendation for disapproval of the appeal, supporting their original determination that the sign should be classified as a roof sign. This classification would require the sign to comply with specific regulations governing roof-mounted signage.

Following discussion of the case details and staff recommendations, the board voted to deny the appeal. This decision upheld the staff's original determination that the sign at 1100 S. Broadway constitutes a roof sign and must comply with the corresponding regulatory requirements.

The denial means the property owner must either modify the sign installation to comply with roof sign regulations or pursue alternative signage options that meet the applicable zoning requirements for the property.

Election of Officers

5:00

The board conducted its annual election of officers during the January 13, 2020 meeting. Harry Clarke led the proceedings for selecting the Chair, Vice Chair, and Secretary positions.

The election process resulted in the re-election of all current officers to their respective positions. The board approved the continuation of the existing leadership structure without any changes to the officer roles.

Outcome: All current officers were re-elected to serve another term in their positions of Chair, Vice Chair, and Secretary.