Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on March 9, 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 nine agenda items during the session, all of which resulted in approvals for various zoning variances and conditional use permits throughout the city. The meeting included consideration of requests ranging from fence height variances and setback modifications to conditional use permits for an extended stay hotel, home-based business, and community center.

Throughout the proceedings, the board conducted 10 motions and votes while hearing 5 public comments from community members regarding the proposed zoning matters. All nine agenda items were approved, demonstrating a productive session that addressed diverse zoning needs across multiple Lexington neighborhoods. The approved items included variances for properties on Cheryl Lane, S. Baxter Boulevard, Severn Way, Goodrich Avenue, Wellington Way, and Manchester Street, as well as conditional use permits for developments on Waller Avenue, Troy Trail, and Versailles Road.

Attendance

The following members were present at the March 9, 2020 meeting:

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

Absent: • Joan Whitman

No members arrived late to the meeting.

Votes and Decisions

The board conducted 10 roll call votes during the March 9, 2020 meeting, with all motions passing.

Minutes Approval 0:00 Chad Needham motioned to approve the February 10, 2020 meeting minutes, seconded by Harry Clarke. The motion passed 4-0 with 2 abstentions. Voting in favor: Branden Gross, Raquel Carter, Harry Clarke, and Chad Needham.

PLN-BOA-20-00003 1:00 Harry Clarke motioned to approve a variance for increased fence height at 802 Cheryl Lane, seconded by Thomas Glover. The motion passed unanimously 6-0. All members voted in favor: Branden Gross, Raquel Carter, Janice Meyer, Thomas Glover, Harry Clarke, and Chad Needham. Approval included the condition that corrected drawings be submitted within 30 days for an after-the-fact fence permit.

PLN-BOA-20-00005 2:00 Thomas Glover motioned to approve a rear yard setback variance at 128 S. Baxter Blvd., seconded by Chad Needham. The motion passed unanimously 6-0 with all members voting in favor. Construction must comply with submitted application materials.

PLN-BOA-20-00012 3:00 Harry Clarke motioned to approve setback variances for additional parking at 441 Severn Way, seconded by Raquel Carter. The motion passed unanimously 6-0. The same 30-day drawing submission condition was applied.

PLN-BOA-20-00007 4:00 Thomas Glover motioned to approve a conditional use for an extended stay hotel at 353 Waller Ave., seconded by Chad Needham. The motion passed unanimously 6-0.

PLN-BOA-20-00008 5:00 Raquel Carter motioned to approve a home-based firearm business at 713 Troy Trail, seconded by Thomas Glover. The motion passed 5-0 with 1 abstention. Voting in favor: Branden Gross, Raquel Carter, Thomas Glover, Harry Clarke, and Chad Needham.

The remaining four applications (PLN-BOA-20-00009, PLN-BOA-19-00066, PLN-BOA-20-00004, and PLN-BOA-20-00013) all passed with either unanimous 6-0 or 5-0 votes, addressing religious assembly expansion, parking variances, and building height increases at various locations throughout the city.

Public Comment

Five speakers addressed the board during the public comment period, discussing three different development applications.

Realty Unlimited Bluegrass, LLC Application

Dave Danforth and Patrick Watson both spoke regarding the Realty Unlimited Bluegrass, LLC application 0:00. Danforth agreed to return next month if the application were postponed. Watson, representing an adjoining property owner, similarly agreed to come back in 30 days if the application was postponed.

Jack V. Drake Variance Request

Tenlee Tarrier spoke in opposition to Jack V. Drake's variance request 7:00. Tarrier expressed concerns about additional cement causing water issues and raised objections about the potential impact on the historic overlay of the neighborhood.

Royce Pulliam Variance Request

Doug Martin addressed the board regarding Royce Pulliam's variance request 8:00. Martin raised multiple concerns including traffic flow issues, stormwater management problems, and the broader impact the proposed development would have on the surrounding area.

New Circle Investments, LLC Variance Request

Libby McCarty spoke in opposition to the New Circle Investments, LLC variance request 9:00. McCarty expressed concerns about the adequacy of parking for the proposed development and objected to the height of the proposed building, stating it would be out of character with the existing neighborhood.

The public comments reflected a pattern of community concern about various development proposals, with speakers focusing on issues including water management, traffic impacts, parking adequacy, building height compatibility, and preservation of neighborhood character.

Contested Items

Three variance requests faced community opposition during the March 9, 2020 meeting, with neighbors and local business owners raising concerns about various development proposals.

100 Goodrich Avenue Driveway Variance A variance request for driveway width at 100 Goodrich Avenue drew opposition from a neighbor who expressed concerns about the proposed additional cement work. The neighbor argued that the expanded driveway could cause water drainage issues in the area and would negatively impact the historic character of the neighborhood overlay district.

1009 Wellington Way Setback Variance The variance application for a front yard setback reduction at 1009 Wellington Way faced community pushback over multiple infrastructure concerns. Opponents raised issues about how the reduced setback would affect traffic flow patterns in the area and expressed worries about stormwater management capabilities. Community members also voiced broader concerns about the potential negative impact the variance would have on the surrounding neighborhood.

941 Manchester Street Building Height Variance A local business owner spoke against the building height variance requested for 941 Manchester Street. The opposition centered on two main concerns: inadequate parking provisions for the proposed development and the building's height being incompatible with the existing neighborhood character. The business owner argued that the proposed structure would be out of scale with surrounding buildings and could create parking shortages that would affect nearby businesses.

All three contested items involved community members actively participating in the public process to voice their objections to the proposed variances, citing concerns ranging from infrastructure impacts to neighborhood compatibility and historic preservation.

Variance for fence height at 802 Cheryl Lane

1:00

The board reviewed application PLN-BOA-20-00003, a variance request for 802 Cheryl Lane to increase the allowable fence height from 4 feet to 6 feet within 3 feet of the public right-of-way.

Huifang Liu presented the request to the board during the discussion. Staff had reviewed the application and recommended approval of the variance with conditions.

The board approved the variance request following staff's recommendation with conditions.

Variance for rear yard setback at 128 S. Baxter Blvd.

2:00

The board considered variance request PLN-BOA-20-00005 for a property at 128 S. Baxter Blvd. The applicant sought approval to reduce the required rear yard setback from 25 feet to 19 feet to accommodate construction of an addition to an existing house.

Ann Marie Spoonamore presented the case to the board during the discussion. Staff had reviewed the variance request and recommended approval, contingent on specific conditions being met by the applicant.

The variance would allow the property owner to construct the planned addition while maintaining a 19-foot rear yard setback, which is 6 feet less than the standard 25-foot requirement established by city zoning regulations.

Following the presentation and board discussion, the variance request was approved. The approval allows the applicant to proceed with the addition project under the reduced setback requirements, subject to any conditions outlined in the staff recommendation.

Variance for paved parking setbacks at 441 Severn Way

3:00

The board reviewed application PLN-BOA-20-00012, a variance request for 441 Severn Way to reduce required front and side yard setbacks for additional paved parking areas.

Edson Garcia presented the case to the board, outlining the specifics of the variance request. The applicant sought to reduce the standard setback requirements that would normally apply to paved parking areas on the property.

Staff had reviewed the application and recommended approval, though their recommendation included specific conditions that would need to be met. The conditions were designed to ensure the variance would not negatively impact the surrounding area while still allowing the property owner to achieve their parking objectives.

The board discussed the merits of the variance request, considering factors such as the impact on neighboring properties, compliance with zoning regulations, and whether the request met the criteria for granting a variance under local ordinances.

Following their deliberations, the board voted to approve the variance application. The approval allows the property owner at 441 Severn Way to proceed with their plans for additional paved parking with reduced setbacks from the front and side property lines, subject to the conditions outlined in the staff recommendation.

Conditional use for extended stay hotel at 353 Waller Ave.

4:00

The board reviewed application PLN-BOA-20-00007, a conditional use request to establish an extended stay hotel at 353 Waller Ave.

Rory Kahly presented information regarding the proposal during the discussion. Staff had reviewed the application and recommended approval with conditions, though the specific conditions were not detailed in the available materials.

The board ultimately approved the conditional use request for the extended stay hotel project at this location.

*Note: Limited transcript details were available for this agenda item. The summary reflects the key information that was documented from the meeting proceedings.*

Conditional use for home-based business at 713 Troy Trail

5:00

The board reviewed application PLN-BOA-20-00008, a conditional use request for a home-based business at 713 Troy Trail. The proposed business involves mail order firearm customization and assembly operations.

Tim Courtney served as a key speaker during the discussion of this agenda item. Staff presented their analysis of the application and recommended approval of the conditional use permit, subject to specific conditions to ensure compliance with local zoning requirements and operational standards for home-based businesses.

The board examined the nature of the proposed firearm customization and assembly business, considering factors such as potential impacts on the residential neighborhood, compliance with federal and state firearms regulations, and adherence to home-based business standards. The mail order aspect of the operation was discussed as part of the overall business model evaluation.

Following their review and discussion of the staff recommendation and any public input, the board voted to approve the conditional use permit for the home-based business at 713 Troy Trail. The approval includes the conditions outlined by staff to ensure the operation remains compatible with the residential zoning district and meets all applicable regulatory requirements.

The approved conditional use permit allows the property owner to operate the mail order firearm customization and assembly business from the residence, subject to ongoing compliance with the established conditions and applicable local, state, and federal regulations governing such operations.

Conditional use for community center at 1109 Versailles Rd.

6:00

The board reviewed application PLN-BOA-20-00009, a conditional use request to expand an existing place of religious assembly at 1109 Versailles Rd. to include a community center facility.

Ned Frazier served as a key speaker during the discussion of this agenda item. The proposal involved modifying the current religious assembly use to accommodate additional community center functions at the Versailles Road location.

Staff presented their analysis of the conditional use request and recommended approval of the application, subject to specific conditions. The staff report indicated that the proposed expansion would be compatible with the existing religious assembly use and the surrounding area.

The board discussed the merits of the application and considered the staff's recommended conditions for approval. The conditional use would allow the facility to serve both its current religious assembly function and expand to provide community center services to the area.

Following their review and discussion of the application, the board voted to approve the conditional use request for the community center expansion at 1109 Versailles Rd. The approval included the conditions recommended by staff to ensure the expanded use would operate appropriately within the zoning framework and be compatible with the surrounding neighborhood.

Variance for driveway width at 100 Goodrich Ave.

7:00

The board reviewed case PLN-BOA-19-00066, a variance request for 100 Goodrich Ave. to reduce the front setback requirements to allow for additional paved parking and widening of an existing driveway.

Jack V. Drake served as the key speaker presenting this agenda item to the board. The discussion centered on the applicant's request to modify setback requirements that would enable expansion of the current driveway configuration at the property.

Staff had conducted their review of the variance application and provided a recommendation for approval, contingent upon specific conditions being met. The conditions were designed to ensure the proposed driveway modifications would comply with relevant zoning standards while addressing the applicant's parking needs.

The board considered the merits of the variance request, examining how the proposed changes would impact the property and surrounding area. The discussion focused on whether the request met the criteria for granting a variance under local zoning regulations.

Following their deliberation, the board voted to approve the variance request for 100 Goodrich Ave. The approval allows the property owner to proceed with the driveway widening project, subject to the conditions outlined in the staff recommendation.

This approval enables the applicant to move forward with creating additional paved parking space through the driveway expansion while maintaining compliance with modified setback requirements specific to this property.

Variance for front yard setback at 1009 Wellington Way

8:00

The board considered agenda item PLN-BOA-20-00004, a variance request for 1009 Wellington Way to increase the allowable maximum front yard setback for a new building construction.

John Woodall served as the key speaker presenting information on this variance application. The discussion centered on the property owner's request to exceed the standard front yard setback requirements that would typically apply to new construction at this location.

Staff provided their analysis and recommended approval of the variance request, contingent upon specific conditions being met. The staff recommendation indicated that the proposed setback modification would be appropriate for this particular site and building design.

The board reviewed the variance application materials and staff recommendations during their deliberations. No significant concerns or objections were raised during the discussion of this item.

Following their review and discussion, the board voted to approve the variance request for 1009 Wellington Way. The approval allows the property owner to proceed with their new building construction using the increased front yard setback as requested, subject to the conditions outlined in the staff recommendation.

Variance for building height at 941 Manchester St.

9:00

The Board of Appeals reviewed application PLN-BOA-20-00013, a variance request to increase the allowable building height for a new structure at 941 Manchester Street as part of an Adaptive Reuse Project.

Jake Michul presented the variance request to the board. The application sought to exceed the standard height restrictions for the proposed building in order to accommodate the adaptive reuse development plans for the Manchester Street property.

Staff provided their analysis and recommended approval of the variance request, contingent upon specific conditions being met by the applicant. The staff report indicated that the proposed height increase was justified within the context of the adaptive reuse project and would not negatively impact the surrounding area.

The board discussed the merits of the variance application, considering factors such as the project's compliance with adaptive reuse guidelines, potential impacts on neighboring properties, and whether the request met the criteria for granting a variance under city regulations.

Following their deliberations, the Board of Appeals approved the variance request for the building height at 941 Manchester Street. The approval allows the applicant to proceed with construction of the new building at the increased height as part of the Adaptive Reuse Project, subject to the conditions outlined in the staff recommendation.