Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment met on October 12, 2020, at 1:30 p.m. via video teleconference, with Branden Gross presiding. The board considered 10 agenda items, taking 10 motions and votes throughout the meeting while hearing 4 public comments. The meeting addressed a range of zoning matters, including variance requests for property modifications such as fence height increases, setback reductions, and shed placement, as well as administrative appeals and conditional use permits. Of the 10 items considered, 9 were approved and 1 was denied, including approvals for a childcare facility conditional use at 297 Ruccio Way, a plant nursery expansion conditional use at 901 Old Todds Rd., and an administrative appeal to change a non-conforming use from nursing home to assisted living at 3057 N. Cleveland Rd. The board also approved the 2021 Board of Adjustment schedule.

Attendance

The following 14 individuals were present at the meeting on October 12, 2020:

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

No absences or late arrivals were recorded.

Votes and Decisions

The Board of Adjustment approved ten items on October 12, 2020.

PLN-BOA-20-00044 – Variance to increase fence height from 4' to 6' at 3870 Boston Rd. passed unanimously 7-0 49:31. Motion by Raquel Carter, seconded by Joan Whitman. The applicant must submit corrected drawings and obtain an after-the-fact fence permit from the Division of Building Inspection within 30 days.

PLN-BOA-20-00048 – Disapproval of variance to reduce front setback for paved parking from 6' to 0' and administrative appeal to allow >50% front yard paving at 809 Statesman Way passed 5-2 on a roll call vote 1:26:00. Motion by Raquel Carter, seconded by Thomas Glover. Voting in favor: Raquel Carter, Thomas Glover, Harry Clarke, Chad Needham, and Chad Walker. Voting against: Branden Gross and Joan Whitman.

PLN-BOA-20-00049 – Variance to reduce front yard setback from 300' to 87' for construction at 6701 Jacks Creek Pike passed unanimously 7-0 1:33:26. Motion by Thomas Glover, seconded by Chad Needham. Conditions include compliance with submitted materials, Fayette County Board of Health septic system approval, and Division of Building Inspection permits.

PLN-BOA-20-00050 – Variance to reduce side yard setbacks from 25' to 10' for addition at 1180 Centerville Lane passed unanimously 7-0 1:35:52. Motion by Harry Clarke, seconded by Joan Whitman.

PLN-BOA-20-00046 – Conditional use for childcare facility at 297 Ruccio Way passed unanimously 7-0 1:40:08. Motion by Thomas Glover, seconded by Raquel Carter. The facility must obtain a Zoning Compliance Permit and Certificate of Occupancy and comply with Kentucky Cabinet for Health and Family Services requirements.

PLN-BOA-20-00045 – Administrative appeal to transfer 22 sq ft of signage for 72 sq ft sign at 1445 Newtown Center Way passed unanimously 7-0 1:45:10. Motion by Raquel Carter, seconded by Joan Whitman.

PLN-BOA-20-00047 – Administrative appeal to change non-conforming use from nursing home to assisted living at 3057 N. Cleveland Rd. passed unanimously 7-0 1:51:53. Motion by Thomas Glover, seconded by Harry Clarke.

PLN-BOA-20-00051 – Variance to decrease side yard setback from 8' to 4' for accessory structure at 1623 Nicholasville Rd. passed 6-1 on a roll call vote 2:31:37. Motion by Thomas Glover, seconded by Harry Clarke. Voting in favor: Thomas Glover, Harry Clarke, Chad Needham, Chad Walker, Joan Whitman, and Raquel Carter. Voting against: Branden Gross.

PLN-BOA-20-00042 – Conditional use for plant nursery expansion at 901 Old Todds Rd. passed unanimously 7-0 2:43:56. Motion by Thomas Glover, seconded by Joan Whitman.

2021 Board of Adjustment Schedule – Adoption of the 2021 meeting schedule passed unanimously 7-0 2:45:59. Motion by Raquel Carter, seconded by Joan Whitman.

Public Comment

Four members of the public addressed the meeting on October 12, 2020.

Sharon Vrolijk [01:00:50] raised safety concerns at an intersection near her property. She explained that her home is directly across from a stop sign where frequent traffic violations occur. Vehicles have hit her tree and run the stop sign, creating unsafe conditions for on-street parking.

Virgil Randall Barrett [01:14:16] expressed opposition to a proposed shed placement. He raised concerns about the structure's proximity to the property line and potential water runoff damage to an adjacent fence. He requested that a survey be conducted to confirm the shed's exact location.

Mickey Heider [01:34:04] spoke in support of a proposed change to the Bob Brown House, stating he favored converting the facility from a nursing home to assisted living. He indicated he was representing both the church and neighbors located near the facility.

Matt Campbell [01:59:36] requested that a shed remain in its current location. He argued that the shed is necessary for storage purposes and has been retrofitted with a gutter system. He noted that relocating the structure would be difficult due to a nearby utility pole and an existing foundation.

Contested Items

Disapproval of Sharon Vrolijk's Variance

The Board voted to disapprove a variance request from Sharon Vrolijk. The primary disagreement centered on whether special circumstances existed to justify the variance. The motion to disapprove carried 5-2, indicating significant division among Board members, with two members opposing the disapproval motion.

Approval of Matt Campbell's Variance

Matt Campbell's variance request generated heated discussion among Board members. The contested issues included concerns about water runoff from the proposed project, the accuracy of property line measurements, and whether the applicant could demonstrate special circumstances warranting the variance. Despite these concerns, the Board ultimately approved the variance after negotiating a compromise. The approval included modified setback requirements and additional conditions imposed on the project.

Variance to increase fence height from 4' to 6' on property at 3870 Boston Rd.

Case Number: PLN-BOA-20-00044

Request: The applicant requested a variance to increase fence height from 4 feet to 6 feet on the property at 3870 Boston Rd., located in a Planned Neighborhood Residential zone.

Key Speakers: Manoj R. Shahi, Autumn Goderwis, and Tracy Jones

Staff Recommendation: Staff recommended approval of the variance based on the unique lot configuration of the property and the existence of existing 6-foot fences in the surrounding area.

Outcome: The Board approved the variance with a condition that the applicant submit corrected drawings. 39:56

Variance and administrative appeal for driveway expansion at 809 Statesman Way.

Case Number: PLN-BOA-20-00048

Request: The applicant sought a variance to reduce the front setback requirement from 6 feet to 0 feet and an administrative appeal to allow front yard paving exceeding 50% of the front yard area at 809 Statesman Way. 1:00:19

Key Speakers: Sharon Vrolijk, Autumn Goderwis, and Steve Parker presented on this matter.

Staff Recommendation: Staff recommended approval of the variance request, citing safety concerns at the intersection as justification for the requested modifications.

Board Decision: The Board of Appeals ultimately denied both the variance request and the administrative appeal. The Board determined that the applicant had not demonstrated special circumstances sufficient to warrant the requested variances from the standard setback and paving requirements.

Outcome: Denied

Variance to reduce front yard setback from 300' to 87' at 6701 Jacks Creek Pike

Case Number: PLN-BOA-20-00049

The Board of Adjustment considered a variance request to reduce the front yard setback requirement from 300 feet to 87 feet at 6701 Jacks Creek Pike 1:27:35.

Applicants and Presenters

Timothy Johnson and Opa Johnson presented the variance request. James Monroe and Autumn Goderwis also participated in the discussion.

Basis for Request

The applicants requested the variance due to steep topography on the property and high construction costs associated with meeting the standard 300-foot setback requirement.

Staff Recommendation

Staff recommended approval of the variance, finding that special circumstances existed on the property and that the reduced setback would not result in adverse impacts.

Board Action

The Board of Adjustment approved the variance request. The approval included three conditions imposed on the property.

Outcome: Approved

Variance to reduce side yard setbacks from 25' to 10' at 1180 Centerville Lane.

Case Number: PLN-BOA-20-00050

The Board of Adjustment considered a variance request to reduce side yard setbacks from 25 feet to 10 feet for a property located at 1180 Centerville Lane. 1:34:40

Presentation and Discussion

Patrick Wilkinson and Autumn Goderwis presented the variance request. The applicants sought approval for a small addition to an existing structure in a rural zone. Staff recommended approval of the variance, finding that the proposed addition would have minimal impact on the surrounding area and was consistent with the Comprehensive Plan.

Outcome

The Board approved the variance request. The approval included three conditions that the applicants must satisfy.

Conditional use for childcare facility at 297 Ruccio Way

Case Number: PLN-BOA-20-00046

Outcome: Approved with three conditions

The Board of Appeals considered a conditional use request to establish a childcare facility in a Light Industrial zone at 297 Ruccio Way 1:37:31.

Presentation and Key Speakers

Nick Champa and Autumn Goderwis presented on this agenda item. Staff recommended approval of the conditional use based on several factors, including the existing use of the property, adequate parking availability, and the community benefit provided by the proposed childcare facility.

Board Decision

The Board approved the conditional use request with three conditions attached to the approval. The conditions were designed to ensure the facility would operate appropriately within the Light Industrial zone while meeting community needs.

Administrative appeal to transfer signage from one sign to another at 1445 Newtown Center Way

Case Number: PLN-BOA-20-00045

Overview

The Board considered an administrative appeal regarding the transfer of 22 square feet of signage at 1445 Newtown Center Way. The applicant requested to consolidate existing signage to create a larger sign at the location.

Presentation and Discussion

Key speakers on this item included Brittany Newsome and Autumn Goderwis 1:41:51.

Staff recommended approval of the request, finding that the proposed signage transfer complied with applicable zoning limits and would result in no adverse impact to the surrounding area.

Decision

The Board approved the administrative appeal. The approval included two conditions that the applicant must satisfy.

Administrative appeal to change non-conforming use from nursing home to assisted living

Case identifier: PLN-BOA-20-00047

Location: 3057 N. Cleveland Rd.

Overview

The Board considered an administrative appeal to change a legal non-conforming use from a nursing home to assisted living. 1:46:40

Key participants

The discussion involved Amy Brown, Autumn Goderwis, and Tracy Jones.

Staff recommendation and rationale

Staff recommended approval of the appeal. The recommendation was based on findings that the proposed change would have a positive impact and that the new use would maintain an equal level of non-conformity with existing zoning regulations.

Outcome

The Board approved the administrative appeal. The approval included two conditions imposed on the applicant.

Variance to decrease side yard setback from 8' to 4' for shed at 1623 Nicholasville Rd.

Case Number: PLN-BOA-20-00051

The Board of Adjustment considered a variance request to reduce the required side yard setback from 8 feet to 4 feet for a shed located at 1623 Nicholasville Road. 1:53:36

Applicant's Request

The applicant requested the variance to keep an existing shed in place. The applicant cited the presence of a utility pole and an existing foundation as constraints that made compliance with the standard 8-foot setback requirement impractical.

Staff Recommendation

Staff recommended disapproval of the variance request. The primary concerns raised included potential water runoff issues and the determination that the applicant had not demonstrated special circumstances that would justify a departure from the standard setback requirement.

Board Discussion and Decision

Key speakers in the discussion included Matt Campbell, Virgil Randall Barrett, Autumn Goderwis, and Thomas Glover.

After considering public input and deliberating on the matter, the Board approved the variance request. The approval included a reduced setback as requested, though the Board imposed three conditions on the approval to address identified concerns and ensure compliance with other applicable requirements.

Outcome: Approved with conditions

Conditional use for plant nursery expansion at 901 Old Todds Rd.

Case Number: PLN-BOA-20-00042

The Board considered a conditional use request to expand an existing plant nursery at 901 Old Todds Rd. 2:33:21

Presentation and Discussion

Doug Vescio and Autumn Goderwis presented on this matter. Staff recommended approval of the conditional use based on the historical use of the property and a determination that the expansion would have no adverse impact on the surrounding area.

Outcome

The Board approved the conditional use request. The approval included three conditions that the applicant must satisfy.

Adoption of the 2021 Board of Adjustment schedule

2:45:59

The Board adopted the 2021 meeting schedule for the Board of Adjustment. Key speakers on this item included Raquel Carter, Joan Whitman, and Hal Baillie.

The proposed schedule identified Columbus/Indigenous Peoples Day as the only holiday conflict for the 2021 calendar year. The Board reviewed and approved the schedule as presented.

The item was approved.