Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on August 9, 2021, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the meeting officer. The board addressed six agenda items consisting of variance appeals, conditional use appeals, and one administrative appeal, with five items receiving approval and one item being tabled for future consideration. During the meeting, the board conducted eight motions and votes while hearing no public comments from attendees. The approved items included variance appeals for Anthony Chapman and Wendy Jo Homes LLC, conditional use appeals for Bleed Blue Ink LLC and Anderson Village at Great Acres, LLC, and an administrative appeal for Farmers Feed Mill Inc, while the variance appeal for Corser Thoroughbreds LLC was tabled without final action.

Attendance

The following members were present at the August 9, 2021 meeting:

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

Joan Whitman was absent from the meeting.

No members arrived late to the session.

Votes and Decisions

The board conducted eight votes during the August 9, 2021 meeting, with all motions receiving unanimous support from the six members present.

Minutes Approval 2:30 Raquel Carter motioned to approve the July 12, 2021 meeting minutes, seconded by Chad Needham. The motion passed unanimously 6-0.

PLN-BOA-21-00039 1:30:00 Raquel Carter motioned to postpone Arcadia Company LLC's request for conditional uses to establish a school and nursery school, seconded by Harry Clarke. The postponement was approved unanimously 6-0.

PLN-BOA-21-00034 1:45:00 Chad Needham motioned to approve Anthony Chapman's variance request to reduce front yard setback, seconded by Branden Gross. The variance passed unanimously 6-0, subject to three conditions as listed.

PLN-BOA-21-00037 2:00:00 Harry Clarke motioned to approve Wendy Jo Homes LLC's variance for reduced front yard setback, seconded by Chad Needham. The motion passed unanimously 6-0, subject to two conditions as listed.

PLN-BOA-21-00042 2:15:00 Chad Needham motioned to approve Bleed Blue Ink LLC's conditional use permit to establish a tattoo parlor, seconded by Raquel Carter. The conditional use passed unanimously 6-0, subject to two conditions as listed.

PLN-BOA-21-00043 2:30:00 Harry Clarke motioned to approve Anderson Village at Great Acres, LLC's conditional use for a parking area, seconded by Chad Needham. The motion passed unanimously 6-0, subject to seven conditions as listed.

PLN-BOA-21-00041 2:45:00 Branden Gross motioned to approve Farmers Feed Mill Inc's administrative appeal regarding solar arrays, seconded by Harry Clarke. The appeal was approved unanimously 6-0, based on revised findings of fact.

PLN-BOA-21-00038 3:00:00 Branden Gross motioned to table the variance request for Corser Thoroughbreds LLC, seconded by Chad Walker. The motion to table passed unanimously 6-0.

All votes included the same six members: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, and Chad Walker.

Contested Items

The meeting included one contested item that generated community opposition and discussion among board members.

Variance Request for Corser Thoroughbreds LLC

A variance request submitted by Corser Thoroughbreds LLC faced opposition from neighboring property owners. The primary concern centered on the proposed placement of a mobile home in close proximity to existing property lines.

A neighboring property owner attended the meeting to voice objections to the variance request, specifically citing concerns about the mobile home's location relative to their property boundary. The opposition focused on the potential impact of having the structure positioned too close to the shared property line.

The nature of the disagreement involved typical zoning and land use concerns that arise when property owners seek variances from standard setback requirements. Such requests often generate community input when neighbors believe the proposed changes could affect their property values, privacy, or general neighborhood character.

The extracted meeting data does not specify the final outcome of this contested variance request or detail the specific arguments presented by either the applicant or the opposing neighbor. The board's decision on the Corser Thoroughbreds LLC variance request would typically be recorded in the official meeting minutes along with any conditions or modifications to the original proposal.

This type of variance dispute represents a common challenge in local government meetings, where boards must balance property owners' development rights with community concerns about maintaining appropriate land use standards and protecting neighboring property interests.

Variance Appeal for Anthony Chapman

1:45:00

The board considered agenda item III.C.1, a variance appeal submitted by Anthony Chapman. Chapman requested a variance to reduce the required front yard setback from 50 feet to 12 feet in order to construct an addition to an existing house.

Key speakers during the discussion included Anthony Chapman, the applicant, and Robert Ryan. The specific details of their presentations and any concerns raised during the deliberation were not captured in the available meeting materials.

The variance request involved a significant reduction in the front yard setback requirement, from the standard 50-foot setback to just 12 feet - a reduction of 38 feet or 76% of the original requirement. This type of variance typically requires justification based on hardship conditions or unique property characteristics.

The board ultimately approved Chapman's variance request, allowing him to proceed with the proposed addition to his existing house with the reduced 12-foot front yard setback rather than the standard 50-foot requirement.

Variance Appeal for Wendy Jo Homes LLC

2:00:00

The Board of Appeals considered agenda item III.C.2, a variance request from Wendy Jo Homes LLC to reduce the required front yard setback from 30 feet to 10 feet in order to enclose an existing porch.

Thomas Dailey served as the key speaker during the discussion of this variance appeal. The applicant sought permission to modify the standard setback requirements to accommodate the enclosure of a porch that was already constructed on the property.

The variance request involved reducing the mandatory front yard setback by 20 feet, from the standard 30-foot requirement down to 10 feet. This significant reduction was necessary to allow Wendy Jo Homes LLC to proceed with their plans to enclose the existing porch structure without requiring its demolition and reconstruction in compliance with the standard setback requirements.

Following the presentation and discussion of the variance request, the Board of Appeals approved the application. The approval allows Wendy Jo Homes LLC to move forward with enclosing the existing porch while maintaining the reduced 10-foot front yard setback, providing relief from the standard zoning requirements that would otherwise apply to the property.

Conditional Use Appeal for Bleed Blue Ink LLC

2:15:00

The council considered agenda item III.D.1, a conditional use appeal for Bleed Blue Ink LLC to establish a tattoo parlor within a Lexington Center Business zone.

Ronny Barnes served as a key speaker during the discussion of this conditional use request. The business sought approval to operate a tattoo establishment in the designated commercial district, which required special conditional use approval under local zoning regulations.

The council reviewed the application and any relevant zoning considerations for allowing a tattoo parlor in the Lexington Center Business zone. Such establishments typically require conditional use permits to ensure they meet specific operational standards and are compatible with surrounding businesses in commercial districts.

Following discussion of the proposal, the council voted to approve the conditional use request for Bleed Blue Ink LLC. This approval allows the business to proceed with establishing their tattoo parlor operations in the Lexington Center Business zone, subject to meeting all applicable zoning requirements and conditions.

The approval enables Bleed Blue Ink LLC to move forward with their business plans in the designated commercial area.

Conditional Use Appeal for Anderson Village at Great Acres, LLC

2:30:00

The board considered agenda item III.D.2, a conditional use appeal submitted by Anderson Village at Great Acres, LLC. The applicant requested approval for a conditional use permit to establish a parking area accessory to a commercial use.

Richard Murphy served as the key speaker during the presentation and discussion of this agenda item. The specific details of Murphy's presentation and any concerns raised during the deliberation were not detailed in the available meeting materials.

The conditional use request involved establishing parking facilities that would support commercial operations, indicating the project relates to expanding or modifying parking infrastructure for business purposes at the Anderson Village at Great Acres location.

Following the presentation and any board discussion, the conditional use appeal was approved by the board. The approval allows Anderson Village at Great Acres, LLC to proceed with establishing the requested parking area accessory to their commercial use, subject to any conditions that may have been specified during the approval process.

This agenda item represents a standard land use matter where private entities seek municipal approval for modifications or additions to their commercial properties that require conditional use permits under local zoning regulations.

Administrative Appeal for Farmers Feed Mill Inc

2:45:00

The council considered agenda item III.E.1, an administrative appeal submitted by Farmers Feed Mill Inc regarding the interpretation of solar arrays as a principal use in Light Industrial zoning districts.

The appeal centered on a zoning determination question: whether solar arrays constitute a principal use under the current Light Industrial zone regulations. This interpretation would affect how such installations are permitted and regulated within the district.

Key speakers during the discussion included Brandyn Hurt and Jared Pendleton, who presented information relevant to the zoning interpretation and the specific circumstances of Farmers Feed Mill Inc's situation.

The administrative appeal process allows property owners and businesses to challenge staff interpretations of zoning ordinances when there are questions about how regulations should be applied to specific uses or developments. In this case, the classification of solar arrays as either a principal use or accessory use would determine the permitting requirements and approval process for such installations.

Following discussion of the zoning interpretation and consideration of the relevant ordinance language, the council approved the administrative appeal. This decision establishes the interpretation that solar arrays are considered a principal use in Light Industrial zones, which will guide future permitting decisions for similar projects in the district.

The approval of this administrative appeal provides clarity for Farmers Feed Mill Inc and other property owners in Light Industrial zones who may be considering solar array installations, establishing a precedent for how such uses will be classified and regulated going forward.

Variance Appeal for Corser Thoroughbreds LLC

3:00:00

The board considered agenda item III.C.3, a variance appeal submitted by Corser Thoroughbreds LLC. The company requested a variance to reduce the required side yard setback from 300 feet to 60 feet in order to place a mobile home on their property.

Key speakers during the discussion included Anderson Dunn and Chris Clendenen, who presented information regarding the variance request and its implications for the property development.

The variance request represented a significant reduction in the setback requirement, seeking to allow placement of the mobile home at 60 feet from the side property line rather than the standard 300-foot requirement. This would enable Corser Thoroughbreds LLC to proceed with their planned mobile home installation in a location that would otherwise not meet current zoning regulations.

Following discussion of the variance appeal, the board ultimately decided to table the matter rather than reach a final determination. The tabling of the item indicates that additional information, review, or consideration may be needed before the board can make a final decision on whether to grant or deny the requested setback variance.

The outcome leaves the variance request in pending status, with Corser Thoroughbreds LLC's application for the reduced setback requirement remaining unresolved pending future board action.