Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment held a meeting on November 9, 2020, at 1:30 p.m. via video teleconference. Branden Gross presided over the meeting, which addressed five agenda items including variance appeals, conditional use appeals, and administrative appeals. The board took six motions and votes during the session and heard three public comments.

Of the five cases reviewed, four were approved and one was denied. The approved items included variance appeals for JN Harrodsburg, LLC and Anderson Communities, Inc, as well as conditional use appeals for Sandra Clements and Nathan T. Cook. The administrative appeal filed by Joseph Fenwick was denied.

Attendance

The following individuals were present at the meeting on November 9, 2020:

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

No absences or late arrivals were recorded.

Votes and Decisions

The board considered six motions during this meeting, approving five and denying one.

PLN-BOA-20-00056: JN Harrodsburg, LLC - Variance to Reduce Front Yard Setback

Motion by Harry Clarke, seconded by Thomas Glover. The motion passed 6-0-1 on a roll call vote. Voting in favor were Thomas Glover, Joan Whitman, Raquel Carter, Harry Clarke, Chad Needham, and Chad Walker. One board member abstained. The approval is conditioned on construction in accordance with application materials, a minimum rear yard of 20 feet, and permits obtained prior to construction.

PLN-BOA-20-00057: Anderson Communities, Inc - Variance to Reduce Setback

Motion by Thomas Glover, seconded by Joan Whitman. The motion passed unanimously 7-0. All board members voted in favor: Branden Gross, Thomas Glover, Joan Whitman, Raquel Carter, Harry Clarke, Chad Needham, and Chad Walker. Conditions include construction in accordance with application materials, notation on the Final Development Plan, and permits obtained prior to construction.

PLN-BOA-20-00055: Tates Creek Christian Church - Conditional Use for Childcare Center

Motion by Raquel Carter, seconded by Harry Clarke. The motion passed unanimously 7-0. Conditions include operation Monday through Friday from 7:00 a.m. to 6:00 p.m., a limit of 40 children, a fenced play area, and operation as a licensed facility.

PLN-BOA-20-00053: Sandra Clements - Conditional Use for Home-Based Business

Motion by Harry Clarke, seconded by Thomas Glover. The motion passed unanimously 7-0. The conditional use is void if the applicant no longer resides at the location.

PLN-BOA-20-00054: Nathan T. Cook - Conditional Use to Extend R-2 Regulations

Motion by Chad Needham, seconded by Thomas Glover. The motion passed unanimously 7-0. Conditions specify that accessory living quarters cannot be rented and must have no kitchen facilities, with permits obtained prior to construction.

PLN-BOA-20-00058: Joseph Fenwick - Administrative Appeal to Increase Accessory Building Size

Motion by Harry Clarke, seconded by Thomas Glover. The motion failed unanimously 0-7, with all board members voting against the appeal.

Public Comment

Three members of the public provided comments during the meeting.

Sara Grant addressed concerns regarding conditional use for a home-based business. She expressed concerns about potential violations of conditions for the home-based business and asked about enforcement procedures.

Debra Madden spoke regarding a conditional use to extend R-2 regulations. She raised concerns about parking and the potential future rental of accessory living quarters.

Frances Kurre also commented on the conditional use to extend R-2 regulations. She expressed concerns about additional dwelling units and density in the neighborhood.

Contested Items

Joseph Fenwick's Administrative Appeal

An administrative appeal regarding an accessory building size increase was contested during this meeting. The appeal sought approval to increase the dimensions of an accessory building on the property.

The primary concern raised in opposition to the appeal centered on precedent-setting. Community members and officials expressed worry that approving the request would establish a precedent for noncompliance with existing regulations.

The appeal was denied based on these concerns about the implications of approval for future compliance with building size restrictions.

Variance Appeals - JN Harrodsburg, LLC

JN Harrodsburg, LLC requested variances to reduce the required front yard setback from 30 feet to 20 feet for 33 lots. Staff recommended approval with conditions.

Darby Turner presented the variance request to the board. The proposal was approved.

Variance Appeals - Anderson Communities, Inc

Anderson Communities, Inc. requested a variance to reduce the required setback from 25 feet to 15 feet on a split-zone property.

Presentation and Recommendation

Jon Strom presented the variance request to the board. Staff recommended approval of the request with conditions.

Outcome

The variance appeal was approved.

Conditional Use Appeals - Sandra Clements

Sandra Clements requested a conditional use permit for a home-based business offering personal Pilates instruction. Staff recommended approval of the request with conditions.

The application was approved.

Conditional Use Appeals - Nathan T. Cook

Nathan T. Cook requested a conditional use to extend R-2 (residential) regulations into the B-1 (business) zoned portion of his property. Staff recommended approval of the request with conditions.

The appeal was approved.

Administrative Appeals - Joseph Fenwick

Joseph Fenwick requested an increase to the allowable size of an accessory building on his property, seeking to expand from 690 square feet to 960 square feet.

Staff recommended disapproval of the request.

The appeal was denied.