Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment met on September 14, 2020, at 1:30 p.m. via video teleconference, with Branden Gross presiding. The board considered five agenda items, taking five motions and votes during the session. The meeting included three public comments from members of the public.

Of the five items on the agenda, four were approved and one was postponed. The approved items included a variance appeal for L O P 1 LTD (PLN-BOA-20-00039), conditional use appeals for Damon Powell (PLN-BOA-20-00038), Southern Hills Methodist Church (PLN-BOA-20-00040), and Ecton Farm, LLC (PLN-BOA-20-00043). The conditional use appeal for Doug Vescio (PLN-BOA-20-00042) was postponed.

Attendance

The following 15 individuals were present at the meeting on September 14, 2020:

• Branden Gross
• Thomas Glover
• Joan Whitman
• Harry Clarke
• Raquel Carter
• Chad Needham
• Chad Walker
• Tracy Jones
• Steve Parker
• Traci Wade
• Autumn Goderwis
• Hal Baillie
• Stephanie Cunningham
• Donna Lewis
• Allison Morris

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Conditional Use for Home-Based Business (Personal Training) at 1121 Parliament Way 27:40

Motion by Harry Clarke, seconded by Thomas Glover. The board unanimously approved a conditional use permit for a personal training business to operate from a home garage. The vote was 7-0 in favor, with all members voting yes: Branden Gross, Thomas Glover, Joan Whitman, Harry Clarke, Raquel Carter, Chad Needham, and Chad Walker.

The approval includes conditions requiring the business to operate according to submitted plans, limit training sessions to two clients per session during Monday through Saturday hours between 7:00 a.m. and 6:00 p.m., comply with local noise ordinances, conduct all activity within the garage, obtain necessary permits before beginning operations, and become null and void if the applicant no longer resides at the location.

Approval of Conditional Use to Increase Childcare Capacity at Southern Hills Methodist Church 34:12

Motion by Thomas Glover, seconded by Chad Needham. The board unanimously approved a conditional use permit to increase childcare capacity from 158 to 318 children. The vote was 7-0 in favor.

Conditions include operating according to submitted plans, obtaining necessary permits before commencing operations, limiting hours to Monday through Friday, 7:00 a.m. to 6:00 p.m., capping capacity at 318 children, providing a fenced and screened play area with minimum 25 square feet per child, and maintaining full licensing compliance with Kentucky Cabinet for Health and Family Services requirements.

Approval of Variance to Reduce Setback for Deck at 200 Race St. 1:16:32

Motion by Thomas Glover, seconded by Raquel Carter. The board approved a variance to reduce the required setback from 10 feet to 5 feet for a deck. The vote was 6-1, with Branden Gross voting against. Those voting in favor were Thomas Glover, Joan Whitman, Harry Clarke, Raquel Carter, Chad Needham, and Chad Walker.

Continuance of Conditional Use Application for Plant Nursery at 901 Old Todds Rd. 1:36:39

Motion by Thomas Glover, seconded by Harry Clarke. The board unanimously postponed the conditional use application for a plant nursery. The vote was 7-0.

Approval of Conditional Use for Plant Nursery at 7524 Old Richmond Rd. 2:59:57

Motion by Thomas Glover, seconded by Raquel Carter. The board approved a conditional use permit for a plant nursery. The vote was 6-1, with Harry Clarke voting against. Those voting in favor were Thomas Glover, Joan Whitman, Raquel Carter, Chad Needham, Chad Walker, and Branden Gross.

The approval includes extensive conditions regarding operations hours, driveway and parking improvements, landscape screening requirements, stormwater management, lighting specifications, and private sanitary sewer and garbage services.

Public Comment

Three speakers provided public comment during the meeting.

Support for Deck Variance at 200 Race St.

Lauren Major testified in favor of a variance for a deck at 200 Race St. 1:00:00. She emphasized community support from the William Wells Brown Neighborhood Association and highlighted the project's role in revitalizing a dilapidated neighborhood through the Affordable Housing Trust Fund.

Opposition to Plant Nursery at 7524 Old Richmond Rd.

Dr. Lisa N. Gannoe presented extensive legal and factual objections to a plant nursery proposal at 7524 Old Richmond Rd. 2:06:57. She argued that the property has never met zoning requirements, the greenhouse is non-compliant with regulations, and approving the use would set a harmful precedent.

Mary Diane Hanna also opposed the plant nursery proposal, speaking on behalf of the Old Richmond Road Neighborhood Association 2:32:56. Hanna argued that the application fails to meet zoning requirements, the property is not suitable for agriculture, and noted that a prior conditional use permit for the property was revoked due to non-compliance.

Contested Items

Approval of variance for 200 Race St. deck [timestamp: not provided]

The Board debated and voted on a variance request for a deck at 200 Race Street. The initial motion approved a lesser variance of 8 feet, but Board members reconsidered during discussion about whether a 4-foot deck would be adequate for the property. After debate centered on the property's unique characteristics, the Board amended the motion to approve the full 5-foot variance instead. The amended motion passed with a 6-1 vote.

Approval of plant nursery at 7524 Old Richmond Rd. [timestamp: not provided]

The application to establish a plant nursery at 7524 Old Richmond Road encountered significant community opposition. Dr. Lisa Gannoe and the Old Richmond Road Neighborhood Association presented arguments against the proposal, citing the applicant's non-compliance history, legal violations, and concerns about adverse impacts to the area. The opposition also contended that the property had never met zoning requirements for such a use.

Variance Appeal: PLN-BOA-20-00039: L O P 1 LTD

The Board discussed a variance request for L O P 1 LTD to reduce the required setback from 10 feet to 5 feet for a deck at 200 Race Street. 1:00:00

Presentation and Staff Recommendation

Staff recommended approval of a lesser variance that would reduce the setback to 8 feet, which would allow for a 4-foot deck projection. This recommendation reflected staff's assessment of the appropriate balance between the variance request and existing setback requirements.

Board Discussion

The Board members—including Lauren Major, Autumn Goderwis, Thomas Glover, Harry Clarke, and Branden Gross—debated several aspects of the proposal. Key points of discussion included:

• The adequacy of a 4-foot deck projection for the property's use
• The narrowness of the property and its constraints
• The amount of green space available on the site

Outcome

The Board approved the full 5-foot variance as requested by the applicant, rather than the 8-foot compromise recommended by staff. The approval was granted with two conditions attached to the variance.

Conditional Use Appeal: PLN-BOA-20-00038: DAMON POWELL

25:09

The Board considered a conditional use appeal for a home-based personal training business proposed by Damon Powell at 1121 Parliament Way.

Key Speakers

The discussion involved Damon Powell, the applicant; Harry Clarke; and Autumn Goderwis.

Outcome

The Board approved the conditional use application based on staff recommendation. The approval is subject to six conditions that regulate the operation of the business:

• Limits on the number of clients
• Restrictions on operating hours
• Requirement that the business be located within the garage

Details

The conditional use permit allows Powell to operate a personal training business from his residence, with the specific conditions designed to minimize impacts on the surrounding neighborhood while permitting the home-based business use.

Conditional Use Appeal: PLN-BOA-20-00040: SOUTHERN HILLS METHODIST CHURCH

29:13

The Board considered a conditional use appeal for Southern Hills Methodist Church to increase childcare capacity from 158 to 318 children.

Key Speakers

The discussion involved Richard Arnold, Ann Fuqua, Harry Clarke, and Autumn Goderwis.

Outcome

The Board approved the conditional use request with six conditions imposed on the operation:

• Fencing requirements
• Licensing requirements
• Operational hours restrictions
• Additional conditions related to facility management and safety

Approval Details

The approval allows Southern Hills Methodist Church to double its childcare capacity, nearly doubling the number of children served at the facility from the previous limit of 158 to a new maximum of 318.

Conditional Use Appeal: PLN-BOA-20-00042: DOUG VESCIO

1:36:39

The Board considered a conditional use appeal for a plant nursery proposed at 901 Old Todds Road. Key participants in the discussion included applicant Doug Vescio, Autumn Goderwis, and Branden Gross.

The Board determined that the application required additional work before proceeding to a final decision. Specific concerns centered on the site plan, with particular attention needed to storage and landscaping conditions at the proposed facility.

Rather than rendering a final decision, the Board postponed the application to allow the applicant adequate time to meet with staff and revise the site plan to address these outstanding issues. This postponement provides an opportunity for Doug Vescio to work with staff to develop modifications that satisfy the Board's concerns regarding storage arrangements and landscaping requirements for the property.

Outcome: Postponed

Conditional Use Appeal: PLN-BOA-20-00043: ECTON FARM, LLC

2:59:57

The Board considered a conditional use appeal for Ecton Farm, LLC, regarding a plant nursery operation proposed at 7524 Old Richmond Road.

Key Speakers and Presentations

Doug Martin, Mike Ecton, Dr. Lisa N. Gannoe, Mary Diane Hanna, and Autumn Goderwis participated in the discussion of this agenda item.

Conditions Approved

The Board approved the conditional use with nine conditions governing the operation:

• Landscaping requirements
• Operating hours restrictions
• Parking specifications
• Stormwater management measures
• Additional conditions related to site operations

Concerns Raised

Neighbors opposed the conditional use, citing concerns about the applicant's compliance history with previous permits and regulations.

Outcome

The Board approved the conditional use appeal for the plant nursery at 7524 Old Richmond Road, subject to the nine conditions listed above.