Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment, a division of the Planning Services Section, held a video teleconference meeting on May 10, 2021, at 1:30 p.m., presided over by Thomas Glover. The board considered seven agenda items consisting of variance appeals, conditional use appeals, and administrative appeals. Over the course of the meeting, the board took eight motions and votes. No public comments were heard during the meeting.

Of the seven appeals presented, four were approved and three were postponed. The approved items included a Variance Appeal for Jeremy and Amber Bach, a Conditional Use Appeal for Kentucky Training Center, LLC, a Conditional Use Appeal for Andy's Frozen Custard, and an Administrative Appeal for Nest A Lexington LLC. The postponed items were a Variance Appeal for Homestead Development, a Variance Appeal for Ball Homes LLC, and an Administrative Appeal for Rodale Properties LLC.

Attendance

The following individuals were present at the meeting on May 10, 2021:

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

No attendees were reported as absent or late.

Votes and Decisions

Approval of Minutes [0:01:39] The board unanimously approved minutes from the March 8, 2021 and April 12, 2021 meetings. Motion by Branden Gross, seconded by Harry Clarke. Vote: 7-0.

PLN-BOA-21-00021: Homestead Development Variance Request [0:06:05] The board unanimously postponed consideration of the Homestead Development variance request. Motion by Branden Gross, seconded by Chad Needham. Vote: 7-0.

PLN-BOA-21-00022: Ball Homes LLC Variance Request [0:08:16] The board unanimously postponed consideration of the Ball Homes LLC variance request. Motion by Harry Clarke, seconded by Joan Whitman. Vote: 7-0.

PLN-BOA-21-00020: Rodale Properties LLC Administrative Appeal [0:12:05] The board unanimously postponed consideration of the Rodale Properties LLC administrative appeal. Motion by Harry Clarke, seconded by Branden Gross. Vote: 7-0.

PLN-BOA-21-00019: Jeremy and Amber Bach Front Yard Setback Variance [0:15:34] The board unanimously approved a variance for Jeremy and Amber Bach to reduce front yard setback. Motion by Chad Needham, seconded by Joan Whitman. Vote: 7-0. The approval is subject to three conditions: construction in accordance with application materials, septic system approval, and necessary permits.

PLN-BOA-21-00024: Kentucky Training Center, LLC Conditional Use and Variance [0:19:30] The board unanimously approved a conditional use and variance for Kentucky Training Center, LLC. Motion by Chad Needham, seconded by Harry Clarke. Vote: 7-0. The approval is subject to three conditions: construction in accordance with application materials, necessary permits, and parking area requirements.

PLN-BOA-21-00013: Andy's Frozen Custard Conditional Use [0:32:21] The board unanimously approved a conditional use for Andy's Frozen Custard drive-through facilities. Motion by Harry Clarke, seconded by Chad Needham. Vote: 7-0. The approval is subject to two conditions: construction in accordance with amended application materials and necessary permits.

PLN-BOA-21-00023: Nest A Lexington LLC Administrative Appeal [1:35:33] The board unanimously approved an administrative appeal for Nest A Lexington LLC. Motion by Raquel Carter, seconded by Joan Whitman. Vote: 7-0. The approval is subject to two conditions: construction in accordance with application materials and necessary permits.

All votes were unanimous with seven members voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman.

Contested Items

Administrative Appeal for Nest A Lexington LLC

The board engaged in a heated discussion regarding an administrative appeal for Nest A Lexington LLC. The central point of contention involved the implications of expanding a non-conforming use and the potential precedent such an expansion might establish.

Board members debated whether approving the appeal would set a problematic precedent for future non-conforming use expansions in the jurisdiction. Despite these concerns, the board ultimately approved the appeal. In justifying this decision, board members cited the unique residential nature of the area as a distinguishing factor that warranted approval in this particular case.

Variance Appeal for Jeremy and Amber Bach

Request Details

Jeremy and Amber Bach requested a variance to reduce the required front yard setback from 300 feet to 200 feet in order to construct a new house in an Agricultural Rural (A-R) zone. [0:14:30]

Presentation

Amber Bach presented the variance appeal to the board.

Outcome

The variance appeal was approved.

Variance Appeal for Homestead Development

Overview

This agenda item addressed a variance appeal for the Homestead Development project regarding roof design specifications for a multi-family residential structure. [0:05:34]

Request Details

The applicant requested a reduction in the amount of roof surface covered by 4:12 pitched roof from 75% to 0%, effectively requesting approval for a flat roof design instead of the pitched roof requirement.

Key Speaker

Jon Woodall presented on this matter.

Outcome

The variance appeal was postponed and did not proceed to a decision at this meeting.

Variance Appeal for Ball Homes LLC

Request Summary

Ball Homes LLC requested a variance to reduce the required setback distances for free-standing identification signs. The request involved two different setback reductions:

• Three signs: reduction from 10 feet to 6 feet
• Two signs: reduction from 10 feet to 2 feet

Discussion

Nick Nicholson presented the variance appeal [0:07:14].

Outcome

The variance appeal was postponed.

Conditional Use Appeal for Kentucky Training Center, LLC

16:40

Kentucky Training Center, LLC requested approval for a conditional use permit to expand their training facility, along with a variance to reduce the required front yard setback. Specifically, the applicant sought to reduce the front yard setback requirement from 222 feet to 174 feet.

Nick Nicholson presented the request to the board.

The appeal was approved by the board.

Conditional Use Appeal for Andy's Frozen Custard

20:00

The board considered a request for a conditional use permit to allow drive-through facilities for Andy's Frozen Custard within the Infill and Redevelopment Area in a Neighborhood Business (B-1) zone.

Brandon Harp presented the proposal to the board. The request sought approval for drive-through operations at the location, which would require a conditional use permit under the existing zoning regulations for the B-1 district.

The board approved the conditional use appeal, allowing the drive-through facilities to proceed as requested.

Administrative Appeal for Rodale Properties LLC

Item Identifier: III.E.1

Overview

This agenda item addressed an administrative appeal for Rodale Properties LLC requesting an increase in the allowable size of an accessory structure from 834 square feet to 2,400 square feet. 10:58

Key Speaker

Scott Schuette presented on this matter.

Outcome

The discussion on this appeal was postponed.

Administrative Appeal for Nest A Lexington LLC

Overview

This agenda item addressed an administrative appeal for Nest A Lexington LLC regarding construction of an addition to a legally non-conforming single-family house. 13:11

Key Speaker

Ryan Diaz presented on this matter.

Outcome

The appeal was approved.