Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on April 12, 2021, at 1:30 PM via video teleconference with Thomas Glover presiding as the meeting officer. The board addressed eight agenda items during the session, considering various variance requests, conditional use permits, and an administrative appeal from property owners and businesses throughout the jurisdiction.

The board took eight votes on the matters before them, with five items receiving approval, two being denied, and one postponed for future consideration. Public participation was active, with five public comments heard during the proceedings as community members weighed in on the various development and zoning matters under review.

The approved items included variance requests for Julius Property LLC and Williams Enterprises LLC, Chad Needham, and DAH Investments LLC, along with conditional use permits for Ball Homes, LLC and an administrative appeal for Eugene Dulaney Ammunition. However, the board denied variance requests from Thomas R. Lambuth and Gwendolyn Alcorn. The conditional use application for Andy's Frozen Custard was postponed, requiring additional review before a final determination could be made.

Attendance

The following members were present at the meeting on April 12, 2021:

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

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board considered eight items during the meeting, with six approvals, two denials, and one postponement.

Approved Items:

• PLN-BOA-21-00014 - Variance for Julius Property LLC and Williams Enterprises LLC passed unanimously 7-0 2:00. Raquel Carter motioned, Harry Clarke seconded. Construction must be in accordance with submitted application materials and site plan.

• PLN-BOA-21-00015 - Variance for Chad Needham passed 6-0 with 1 abstention 2:30. Harry Clarke motioned, Raquel Carter seconded. Chad Needham abstained from voting on his own application. Construction must follow submitted materials and site plan.

• PLN-BOA-21-00016 - Conditional use for Ball Homes, LLC passed unanimously 7-0 3:00. Branden Gross motioned, Joan Whitman seconded. Construction and operation of the childcare facility must comply with submitted application materials and site plan.

• PLN-BOA-21-00011 - Administrative appeal for Eugene Dulaney Ammunition passed unanimously 7-0 3:30. Branden Gross motioned, Chad Needham seconded. No conditions were attached.

• PLN-BOA-21-00017 - Variance for DAH Investments LLC passed unanimously 7-0 5:00. Harry Clarke motioned, Chad Needham seconded. Construction must follow submitted application materials and site plan.

Denied Items:

• PLN-BOA-21-00004 - Variance for Thomas R. Lambuth failed 0-6 with 1 abstention 4:00. Branden Gross motioned, Raquel Carter seconded.

• PLN-BOA-21-00010 - Variance for Gwendolyn Alcorn failed unanimously 0-7 4:30. Chad Needham motioned, Raquel Carter seconded.

Postponed Items:

• PLN-BOA-21-00013 - Conditional use for Andy's Frozen Custard was postponed by unanimous vote 7-0 5:30. Branden Gross motioned, Raquel Carter seconded.

All voting members present were Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman.

Public Comment

Five community members addressed the board during the public comment period, with speakers divided on a proposed application related to human services in north Lexington.

James Brown 6:00 expressed concerns about the oversaturation of human services in north Lexington and its impact on public safety in the area.

Steve Kay 6:30 voiced support for the application but requested that additional conditions be implemented to mitigate potential negative impacts on the surrounding community.

Brian Lewis 7:00 shared his personal success story, describing how the Lexington Rescue Mission had helped him and emphasizing the positive impact of their services on individuals in need.

Richard Getty 7:30 spoke on behalf of the MLK Neighborhood Association, representing the organization's opposition to the proposed location. Getty cited concerns about the oversaturation of services in the area as the primary reason for the association's stance.

John Morgan 8:00 concluded the public comment period by expressing concerns about the negative impact the proposed location would have on the neighborhood.

The public comments revealed a clear divide in community opinion, with speakers raising concerns about service oversaturation and neighborhood impacts on one side, while others highlighted the beneficial nature of the services and supported the application with appropriate safeguards. The MLK Neighborhood Association's formal opposition through their representative suggests organized community resistance to the proposal.

Contested Items

The primary contested item during this meeting was the Lexington Rescue Mission Conditional Use application, which generated significant community opposition.

Lexington Rescue Mission Conditional Use

The application for the Lexington Rescue Mission's conditional use permit faced substantial pushback from community members who attended the meeting to voice their concerns. The opposition centered on two main issues: the perceived oversaturation of similar services in the area and potential negative impacts the facility could have on the surrounding neighborhood.

Community members expressed concerns that the area already had an adequate number of social service facilities and that adding another would create an undesirable concentration of such services. Residents also raised questions about how the rescue mission might affect property values, neighborhood safety, and the general character of the community.

The nature of the opposition suggests this was a contentious zoning or land use decision that required careful consideration of both the mission's service needs and legitimate community concerns about neighborhood impacts.

*Note: Specific details about speakers, vote outcomes, and exact timestamp references are not available in the provided meeting data. Readers should refer to the full meeting recording for complete discussion details and final disposition of this application.*

Variance for Julius Property LLC and Williams Enterprises LLC

2:00

The Board of Appeals considered case PLN-BOA-21-00014, a variance request from Julius Property LLC and Williams Enterprises LLC to reduce required setbacks for a new residential construction project.

The applicants requested permission to reduce the required rear yard setback from 14 feet to 10 feet and the side yard setbacks from 5 feet to 3 feet for a new house. This variance would allow the property owners to construct a home with reduced buffer zones from the property boundaries compared to standard zoning requirements.

Craig Williams served as a key speaker during the discussion of this agenda item, presumably representing one of the applicant entities given the company name Williams Enterprises LLC.

The Board of Appeals approved the variance request, allowing the reduced setbacks as proposed. The approval enables Julius Property LLC and Williams Enterprises LLC to proceed with their new house construction using the modified setback requirements rather than the standard zoning dimensions.

This type of variance is commonly sought when property constraints, lot size, or design considerations make compliance with standard setback requirements challenging or impractical for new construction projects.

Variance for Chad Needham

2:30

The Board of Appeals considered case PLN-BOA-21-00015, a variance request submitted by Chad Needham. The application sought to reduce the required front yard setback from 20 feet to 12 feet and the rear yard setback from 20 feet to 7 feet. Additionally, Needham requested permission to increase the maximum driveway width from 10 feet to 18 feet.

Chad Needham presented his case to the board, explaining the need for the variance modifications to his property requirements. The request involved significant reductions to both front and rear yard setbacks, with the front yard setback reduced by 8 feet and the rear yard setback reduced by 13 feet. The proposed driveway width increase would nearly double the standard allowable width.

The board reviewed the variance application and considered the specific circumstances that warranted the requested deviations from standard zoning requirements. The case involved multiple dimensional variances that would allow for different property development parameters than typically permitted under existing zoning regulations.

Following their deliberation, the Board of Appeals approved the variance request. The approval allows Needham to proceed with development plans that incorporate the reduced setback requirements and expanded driveway width as specified in the application.

Conditional use for Ball Homes, LLC

3:00

The board considered agenda item PLN-BOA-21-00016, a conditional use request submitted by Ball Homes, LLC for establishing a childcare center in a Planned Neighborhood Residential zone.

Nick Nicholson served as the key speaker presenting information about this conditional use application. The request sought approval to operate a childcare facility within the residential zoning district, which requires special conditional use approval under local zoning regulations.

The application was reviewed and discussed by board members, though specific details of the presentation and any concerns raised during deliberations were not captured in the available meeting materials.

Following the discussion and review process, the board voted to approve the conditional use request for Ball Homes, LLC. This approval allows the applicant to proceed with establishing the proposed childcare center in the Planned Neighborhood Residential zone, subject to any conditions or requirements that may have been specified during the approval process.

The approval of this conditional use permit enables Ball Homes, LLC to move forward with their childcare center project while ensuring compliance with local zoning ordinances and land use regulations for the designated residential area.

Administrative appeal for Eugene Dulaney Ammunition

3:30

The board considered agenda item PLN-BOA-21-00011, an administrative appeal for Eugene Dulaney Ammunition. The request sought to determine whether firearms ammunition manufacturing is an allowable use in a Light Industrial zone.

Thomas Bullock served as a key speaker during the discussion of this zoning determination matter. The appeal centered on clarifying the permitted uses within Light Industrial zoning classifications and whether ammunition manufacturing activities would comply with existing zoning regulations.

The board reviewed the administrative decision and evaluated whether the proposed ammunition manufacturing use would be compatible with the Light Industrial zone designation. This type of appeal typically involves examining zoning code interpretations and determining if the proposed use aligns with the intended purposes and permitted activities within the specific zoning district.

Following their deliberation, the board approved the administrative appeal, effectively determining that firearms ammunition manufacturing is indeed an allowable use in the Light Industrial zone. This decision provides clarity for Eugene Dulaney Ammunition regarding their ability to operate within the specified zoning district and establishes precedent for similar manufacturing operations seeking to locate in Light Industrial zones.

The approval allows the ammunition manufacturing business to proceed with their operations in compliance with the zoning requirements for Light Industrial areas.

Variance for Thomas R. Lambuth

4:00

The Board of Appeals considered case PLN-BOA-21-00004, a variance request submitted by Thomas R. Lambuth. The application sought to reduce two required setbacks for a property development project.

Specifically, Lambuth requested permission to reduce the required rear yard setback from 10 feet to 1 foot 8 inches, and to reduce the side yard setback for a deep building from 8 feet to 3 feet 7 inches.

Thomas Lambuth served as the key speaker presenting the variance request to the board. The application represented significant reductions from the standard zoning requirements, with the rear setback reduction being particularly substantial at approximately 83% less than the required distance.

After consideration of the request and any accompanying materials or testimony, the Board of Appeals denied the variance application. The denial means that any development on the property must comply with the standard setback requirements of 10 feet for the rear yard and 8 feet for the side yard setback applicable to deep buildings.

The specific reasons for the denial were not detailed in the available meeting data, but variance requests typically require applicants to demonstrate practical difficulties or hardships that would justify departing from established zoning standards while ensuring the variance would not adversely affect the surrounding neighborhood or be contrary to the public interest.

Variance for Gwendolyn Alcorn

4:30

The board considered case PLN-BOA-21-00010, a variance request for Gwendolyn Alcorn to increase the allowable height of an accessory structure from 14 feet to 20 feet.

Benjamin Caudill served as the key speaker presenting information about this variance request. The proposal sought to exceed the standard height limitation for accessory structures by 6 feet, representing a significant increase from the current zoning allowance.

Following discussion of the request, the board ultimately denied the variance application. The specific concerns raised during deliberation and the detailed reasoning behind the denial were not captured in the available meeting data, though the outcome indicates the board determined the request did not meet the necessary criteria for granting a variance from the established height restrictions for accessory structures.

Conditional use for Andy's Frozen Custard

5:30

The Board of Adjustment considered agenda item PLN-BOA-21-00013, a request for conditional use approval to allow drive-through facilities for Andy's Frozen Custard in a Neighborhood Business zone.

Brandon Harp served as the key speaker for this agenda item, presenting the conditional use request to the board members.

The application sought approval for drive-through facilities, which require conditional use permits when proposed in Neighborhood Business zoning districts. Andy's Frozen Custard was seeking to establish or modify their operations to include drive-through service at their location.

Following the presentation and any discussion that occurred during the meeting, the Board of Adjustment decided to postpone action on PLN-BOA-21-00013. The postponement means the conditional use request for Andy's Frozen Custard's drive-through facilities was not approved or denied at this meeting, but rather deferred to a future meeting date for further consideration.

The reasons for the postponement and any specific concerns raised by board members or the public during the discussion were not detailed in the available meeting summary. The applicant will need to return to a subsequent Board of Adjustment meeting for final consideration of their conditional use request for the drive-through facilities.