Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment met on June 8, 2020, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding. The board considered 18 agenda items, including procedural matters, 11 variance applications, and informational updates. The board took 13 motions and votes during the meeting and heard 9 public comments. Of the applications reviewed, 10 were approved, one was withdrawn, and the remaining items were procedural or informational in nature. The approved applications included requests from 3609 Properties LLC, KR Lex Oz LLC, Steadfast Collin LPC LLC, Positive Growth LLC, KBJ Construction Mgmt, Alicia D. Carson, Lexington History Museum, Realty Unlimited Bluegrass LLC, and Aaron and Amy Jutte. The application from Common Grounds (PLN-BOA-20-00024) was withdrawn from consideration.

Attendance

Present: Raquel Carter, Janice Meyer, Thomas Glover, Harry Clarke, Chad Needham, Josh Dezarn, Tracy Jones, Autumn Goderwis, Traci Wade, and Donna Lewis.

Late: Joan Whitman.

Votes and Decisions

The board considered 12 motions during this meeting, approving 9 variances and conditional uses, disapproving 2 variances and 1 administrative appeal, and withdrawing 1 application.

Approved Variances and Conditional Uses:

PLN-BOA-20-00017 – Variance to reduce required 25' front-facing garage setback to 20' at 4517 Arum Park. Motion by Thomas Glover, seconded by Chad Needham. Passed unanimously 7-0. 1:47:47

PLN-BOA-20-00018 – Variance to increase allowable FAR from 0.35 to 0.56 at 244 N. Broadway. Motion by Harry Clarke, seconded by Janice Meyer. Passed unanimously 7-0. 1:53:33

PLN-BOA-20-00019 – Variance to reduce required sign setback from 20' to 10' at 1825 Little Herb Way. Motion by Janice Meyer, seconded by Harry Clarke. Passed unanimously 7-0. 1:57:24

PLN-BOA-20-00020 – Variances to decrease required frontage from 750' to 353' for Lot 1 and 750' to 166' for Lot 2 at 5021 Jacks Creek Pike. Motion by Thomas Glover, seconded by Raquel Carter. Passed unanimously 7-0. 3:52:08

PLN-BOA-20-00021 – Variances to reduce front yard setback from 14' to 6' and rear yard setback from 20' to 6' at 667 N. Martin Luther King Blvd. Motion by Raquel Carter, seconded by Joan Whitman. Passed 6-0 with 1 abstention. 2:06:31

PLN-BOA-20-00022 – Variances to reduce front yard setback from 20' to 16' and rear yard setback from 20' to 11' at 524 Michigan St. Motion by Harry Clarke, seconded by Chad Needham. Passed 5-0 with 2 abstentions. 2:45:00

PLN-BOA-20-00015 – Conditional use for family childcare facility for up to 12 children at 2365 Shandon Dr. Motion by Janice Meyer, seconded by Thomas Glover. Passed unanimously 7-0. 2:59:01

PLN-BOA-20-00016 – Conditional use for historic house museum at 317 and 321 S. Mill St. Motion by Thomas Glover, seconded by Chad Needham. Passed unanimously 7-0. 3:24:06

PLN-BOA-20-0010 – Variance to reduce property perimeter landscape buffer abutting railroad from 15' to 0' at 1760 N. Broadway. Motion by Thomas Glover, seconded by Chad Needham. Passed unanimously 7-0. 3:23:05

Disapproved Motions:

PLN-BOA-20-0010 – Administrative appeal to allow temporary gravel parking lot at 1760 N. Broadway and variance to reduce vehicular use area perimeter landscape buffer from 5' to 0'. Both disapproved unanimously 7-0. 3:23:05

PLN-BOA-20-0025 – Administrative appeal to contest building permit for 1203 Summit Drive. Motion by Thomas Glover, seconded by Harry Clarke. Disapproved 6-0 with 1 abstention. 4:57:13

Withdrawn Application:

PLN-BOA-20-00024 – Conditional use for drive-through facility at 399 Waller Ave. The applicant withdrew the application during the hearing. 3:53:18

Public Comment

Nine speakers addressed the board on June 8, 2020, raising concerns about property development applications and regulatory compliance.

Frontage Variance and Subdivision

Pam Caldas opposed a frontage variance at 5021 Jacks Creek Pike, which would reduce frontage from 750 feet to 166 feet 3:43:09. She expressed concerns about proximity to her property but clarified she had no objection to the subdivision itself.

Drive-Through Facility

David Robinson requested approval of a drive-through facility at 399 Waller Ave., citing pandemic-related business needs 3:53:18. He later withdrew the application due to traffic concerns.

Gravel Parking Lot and Geogrid System

Matt Minyard advocated for a temporary gravel lot and geogrid system as a sustainable water filter 3:38:37. He requested a continuance to present engineering plans.

Patrick Watson opposed the gravel lot appeal, arguing that the applicant's delay in development and lack of unique circumstances justified disapproval 3:10:15.

1203 Summit Drive Construction

Multiple speakers addressed a construction permit for 1203 Summit Drive involving a setback issue.

James Bean supported approval, believing the house design fit the neighborhood character despite the setback issue 4:13:01.

Jerry Price opposed the permit, arguing it violated the ND1 overlay and that the city should enforce the more restrictive setback rules 4:20:13.

Eugene McFadden stated that the ND1 overlay should take precedence over the 1933 plat and that the house should be moved back to comply 4:26:27.

Ken Donsworth expressed concern that neighbors were not properly notified of the permit approval and felt the process was unfair 4:30:22.

Diana Kirtley raised a legal question about whether the later ND1 overlay should prevail over the earlier 1933 plat, suggesting the board seek legal advice 4:33:15.

Appointments

Joan Whitman was appointed to the Board of Adjustment.

Contested Items

The June 8, 2020 meeting included three items that generated significant disagreement among board members, applicants, and community members.

1203 Summit Drive Construction Permit Appeal

This appeal divided the board in a split vote. The core dispute centered on which regulatory framework should govern the project: the 1933 plat or the ND1 overlay. Multiple neighbors opposed the permit, raising concerns about precedent and aesthetic impacts. The applicant countered by arguing the project complied with the original plat requirements. The disagreement reflected a fundamental tension about how historical platting versus current overlay zoning should be applied to development decisions.

Gravel Parking Lot Appeal

The applicant's request for a temporary gravel parking lot encountered heated discussion and strong opposition. Environmental concerns drove much of the resistance, particularly from the Royal Springs Wellhead Protection Committee, which raised questions about potential impacts to water resources. Beyond environmental issues, enforcement problems with the proposed temporary arrangement also fueled debate about whether adequate safeguards existed to ensure compliance and eventual removal of the lot.

Drive-Through Facility at 399 Waller Avenue

The proposed drive-through facility faced community opposition rooted in practical concerns. Opponents cited traffic impacts as a primary issue, arguing the location could create congestion problems. Additionally, critics contended the site lacked sufficient space for the proposed use and noted potential conflicts with an existing drive-through facility, raising questions about whether the area could accommodate another such use without operational or safety issues.

Call to Order

Chair Branden Gross called the meeting to order at 1:30 p.m. 4:55. The meeting was conducted via video teleconference due to the COVID-19 pandemic and in accordance with Governor Beshear's Executive Orders.

The remote meeting format was authorized under Senate Bill 150 and Attorney General Opinion 20-05, which provided the legal framework for conducting the meeting electronically during the pandemic emergency.

Approval of Minutes

7:06

The meeting proceeded to approve the minutes from the March 9, 2020 meeting. Key speakers on this agenda item included Branden Gross, Thomas Glover, Janice Meyer, and Harry Clarke.

In addition to approving the March 9, 2020 minutes, the group also approved the cancellations of two subsequent meetings:

• April 13, 2020 meeting cancellation
• May 11, 2020 meeting cancellation

The minutes and meeting cancellations were approved unanimously.

Swearing of Witnesses

All individuals planning to speak during the meeting were sworn in via video teleconference. 13:41 Participants raised their right hand and digitally confirmed their oath as part of the formal proceeding.

Branden Gross administered the swearing-in process. The outcome of this agenda item was approved.

Sounding the Agenda

During this portion of the meeting, the Chair sounded the agenda to identify any items that required no discussion, as well as any postponements or withdrawals 10:51.

Autumn Goderwis presented this agenda item. One application was withdrawn during this process: PLN-BOA-20-00023.

The sounding of the agenda was approved.

PLN-BOA-20-00017: 3609 Properties LLC

1:47:47

The board considered a variance request from 3609 Properties LLC to reduce the front-facing garage setback from 25 feet to 20 feet at 4517 Arum Park.

Presentation and Key Issues

Staff recommended approval of the variance. The recommendation was based on two primary factors: a hardship resulting from a surveying error and a determination that the variance would have no adverse impact on the surrounding area.

Speakers

Nick Nicholson and Thomas Glover participated in the discussion of this agenda item.

Outcome

The motion to approve the variance passed unanimously.

PLN-BOA-20-00018: KR Lex Oz LLC

1:53:33

The board considered a variance request from KR Lex Oz LLC to increase the Floor Area Ratio (FAR) from 0.35 to 0.56 at 244 N. Broadway.

Presentation and Recommendation

Staff, represented by Erin Stoffer, recommended approval of the variance. The recommendation was based on the applicant's plan for a smaller addition to the property and a determination that the proposed increase would have no adverse impact on the surrounding area.

Key Participants

The discussion involved Joey Nolasco, Erin Stoffer, and Thomas Glover.

Outcome

The motion to approve the variance passed unanimously. The applicant was granted permission to increase the FAR to 0.56 as requested.

PLN-BOA-20-00019: Steadfast Collin LPC LLC

1:57:24

The board considered a variance request from Steadfast Collin LPC LLC for a property located at 1825 Little Herb Way. The applicant sought approval to reduce the required sign setback from 20 feet to 10 feet.

Matt Carter presented the staff recommendation, which supported approval of the variance. The recommendation was based on the presence of an elevation change on the property, which staff determined would not result in any adverse impact from the reduced setback distance.

The motion to approve the variance passed unanimously.

PLN-BOA-20-00021: Positive Growth LLC

This agenda item addressed a variance request from Positive Growth LLC for property located at 667 N. Martin Luther King Blvd. 2:06:31

Request

The applicant requested variances to reduce both front and rear yard setbacks for the property.

Presentation and Analysis

Staff recommended approval of the variance request. The recommendation was based on the lot size and the compatibility of the proposed changes with the surrounding neighborhood.

Outcome

The motion to approve the variances passed unanimously.

Key Participants

• Vasil Leskiv
• Thomas Glover

PLN-BOA-20-00022: KBJ Construction Mgmt

2:45:00

The board considered a variance request for KBJ Construction Management at 524 Michigan Street. The applicant sought approval to reduce front and rear yard setbacks for the property.

Presentation and Recommendation

Staff recommended approval of the variance request. Key speakers on this matter included Bishop Carter and Thomas Glover.

Outcome

The motion to approve the variances passed unanimously. Two board members recused themselves from the vote prior to the discussion.

PLN-BOA-20-00015: Alicia D. Carson

2:59:01

This agenda item addressed a conditional use request for a childcare facility proposed at 2365 Shandon Dr. Alicia D. Carson and Thomas Glover were the key speakers during the discussion.

Staff presented a recommendation for approval of the conditional use permit, subject to specified conditions. The applicant's proposal for operating a childcare facility at the location was considered by the board.

The motion to approve the conditional use permit passed unanimously. No specific concerns or objections were raised during the discussion that prevented approval.

PLN-BOA-20-00016: Lexington History Museum

3:24:06

The Board of Adjustment considered a conditional use request for a historic house museum at 317 and 321 S. Mill Street. The applicant sought approval to operate a museum in this historic property location.

Presentation and Recommendation

Staff presented the application and recommended approval with conditions. The proposal involved converting the historic houses into a museum use, which required conditional use approval under local zoning regulations.

Key Speakers

The discussion included input from Jessica Winters, Foster Ockerman, and Thomas Glover.

Outcome

The motion to approve the conditional use for the Lexington History Museum passed unanimously. The approval was granted with conditions as recommended by staff.

PLN-BOA-20-00024: Common Grounds

3:53:18

This agenda item concerned a conditional use application for a drive-through facility at 399 Waller Ave.

Application and Staff Recommendation

The applicant requested approval for a conditional use permit to operate a drive-through at the specified location. Staff reviewed the proposal and recommended disapproval, citing traffic impacts as the primary concern.

Outcome

The applicant withdrew the application before the board proceeded with a formal decision. David Robinson was identified as a key speaker during this discussion.

PLN-BOA-20-00010: Realty Unlimited Bluegrass LLC

3:23:05

Realty Unlimited Bluegrass LLC requested an administrative appeal regarding a temporary gravel lot and variances for landscape buffers.

Staff Recommendation

Staff recommended disapproval of the temporary gravel lot and one landscape buffer variance. However, staff recommended approval of the railroad buffer variance.

Key Speakers

The discussion involved Matt Minyard, Josh Dezarn, and Thomas Glover.

Outcome

The appeal was approved.

PLN-BOA-20-0025: Aaron and Amy Jutte

4:57:13

This agenda item addressed an appeal by Aaron and Amy Jutte regarding a building permit for property located at 1203 Summit Drive. The applicants contended that the ND1 overlay should govern the permit decision.

Key Participants

The discussion involved Aaron Jute, Bishop Carter, and Thomas Glover.

Presentation and Arguments

Staff presented findings related to the appeal and the applicants' position regarding the ND1 overlay designation and its applicability to the permit.

Outcome

The appeal was approved.

Board Items

No board members presented items during this segment of the meeting.

Staff Items

No staff members presented items during this segment of the meeting.

Next Meeting Date

The next meeting was scheduled for July 13, 2020, at 1:30 p.m. Branden Gross presented this agenda item, which was approved.

Adjournment

The meeting was adjourned by Branden Gross after all business was completed.