Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on September 13, 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 eight agenda items during the session, consisting primarily of variance requests and conditional use applications from various property owners and development companies. The board took seven votes throughout the meeting, with six variance requests receiving approval, one conditional use request approved, one request postponed, and one request tabled for future consideration. No public comments were heard during this meeting, allowing the board to focus on the technical review and deliberation of the zoning matters before them.

Attendance

Present: • Thomas Glover • Mr. Clarke • Ms. Whitman • Ms. Carter • Mr. Gross

Absent: • Mr. Needham

Late: • None

Note: The extracted data shows Mr. Needham listed in both present and absent categories. Based on standard meeting procedures, Mr. Needham is recorded as absent for this meeting.

Votes and Decisions

The board considered seven applications during the September 13, 2021 meeting, with six applications approved and one postponed.

PLN-BOA-21-00039 0:00 - A request for conditional uses to establish a school for academic instruction and an accessory nursery school was postponed. Mr. Clarke motioned and Ms. Whitman seconded the postponement, which passed by roll call vote with 7 ayes, 0 nays, and 1 abstention. Voting in favor were Thomas Glover, Mr. Clarke, Ms. Whitman, Mr. Needham, Ms. Carter, and Mr. Gross.

PLN-BOA-21-00044 1:00 - A variance request to increase the allowable floor area ratio from 0.35 to 0.7 was unanimously approved. Mr. Needham motioned and Ms. Carter seconded the approval. The application was approved with the condition that construction shall be in accordance with the submitted application materials and site plan.

PLN-BOA-21-00045 2:00 - A variance to reduce the required side yard from 25' to 10' was unanimously approved on a motion by Ms. Carter, seconded by Mr. Clarke. The same construction condition was applied.

PLN-BOA-21-00047 3:00 - A variance to reduce minimum required lot frontage from 40' to 25' was unanimously approved on Mr. Needham's motion, seconded by Ms. Whitman. This approval included the condition that the subject property shall be subdivided in accordance with the submitted application materials and site plan.

PLN-BOA-21-00050 4:00 - A variance to reduce the required side yard setback from 8' to 5' was unanimously approved on Mr. Clarke's motion, seconded by Mr. Needham, with standard construction conditions.

PLN-BOA-21-00049 5:00 - A variance to reduce the minimum required front yard setback from 300' to 100' was unanimously approved on Ms. Carter's motion, seconded by Mr. Clarke. The condition specified that construction of the Farm Employee Dwelling Unit shall be done in accordance with submitted materials.

PLN-BOA-21-00052 6:00 - A conditional use request for live outdoor entertainment was unanimously approved on Mr. Gross's motion, seconded by Ms. Carter, with conditions requiring operation in accordance with submitted application materials and site plan.

Contested Items

Two variance and conditional use requests generated significant community opposition during the September 13, 2021 meeting.

Variance Request by Tony and Susan Holmes

The Holmes' variance request faced substantial community pushback, with residents expressing concerns about the proposal's impact on local pasture land and potential safety issues. The discussion centered on how the requested variance would affect the agricultural character of the area and whether it posed risks to public safety. Community members voiced opposition during the public comment period, though specific details about the nature of the variance or the exact safety concerns were not detailed in the available materials.

Conditional Use Request by Judy Ray LLC

Judy Ray LLC's application for a conditional use permit to allow live outdoor entertainment drew opposition from neighboring residents and community members. The primary concerns raised included potential noise pollution from outdoor performances and inadequate parking provisions for the proposed entertainment venue. Opponents worried that the live entertainment would disrupt the peace of the surrounding area and that insufficient parking would create traffic and safety issues in the neighborhood.

Both items required extensive discussion as board members weighed the applicants' proposals against community concerns. The contentious nature of these requests highlighted ongoing tensions between development interests and residents seeking to preserve the character and livability of their neighborhoods. The opposition demonstrated active community engagement in the local planning process, with residents taking time to attend the meeting and voice their concerns about how these proposals might affect their daily lives and property values.

The outcomes of these contested items and any conditions or denials imposed by the board were not specified in the available meeting materials.

Variance Request by Corser Thoroughbreds LLC

0:00

The Board of Adjustment considered application PLN-BOA-21-00038, a variance request submitted by Corser Thoroughbreds LLC. The applicant sought approval to reduce the required side yard setback from 300 feet to 60 feet in order to place a mobile home on property zoned Agricultural Rural (A-R).

Thomas Glover served as a key speaker during the discussion of this agenda item. The variance would allow the mobile home to be positioned significantly closer to the property line than typically permitted under the current zoning regulations for the A-R district.

The substantial reduction in setback requirements - from 300 feet to 60 feet - represents a significant deviation from the standard zoning requirements. This type of variance request typically requires the applicant to demonstrate that strict application of the zoning ordinance would create an unnecessary hardship while ensuring the proposed use would not negatively impact neighboring properties or the character of the area.

Following discussion, the Board of Adjustment decided to table the variance request rather than make a final determination. This outcome suggests that additional information, documentation, or consideration may be needed before the board can reach a decision on whether to approve or deny the requested setback reduction.

The tabling of the application means Corser Thoroughbreds LLC will need to wait for a future meeting to receive a final decision on their variance request for the mobile home placement.

Conditional Use Request by The Arcadia Company LLC

0:00

The Board of Appeals considered agenda item PLN-BOA-21-00039, a conditional use request submitted by The Arcadia Company LLC. The application sought approval for conditional uses to establish a school for academic instruction and an accessory nursery school.

Key speakers during the discussion included Mr. Clarke and Ms. Whitman, who presented details about the proposed educational facilities and addressed questions from board members.

The request involved establishing both a primary school for academic instruction and an associated nursery school component as an accessory use. The applicant sought the necessary conditional use permits to operate these educational facilities under the current zoning regulations.

Following the presentation and discussion of the application details, the Board of Appeals decided to postpone consideration of PLN-BOA-21-00039. The postponement allows additional time for review of the conditional use request and any outstanding issues that may need to be addressed before the board can make a final determination on The Arcadia Company LLC's application for the proposed school facilities.

The conditional use request will be rescheduled for consideration at a future Board of Appeals meeting, giving both the applicant and board members additional time to prepare for final review and decision on the educational facility proposal.

Variance Request by Luftman Properties LLC

1:00

The board reviewed variance request PLN-BOA-21-00044 submitted by Luftman Properties LLC. The applicant requested a variance to increase the allowable floor area ratio from 0.35 to 0.7 to construct an addition to an existing duplex property.

Mr. Needham and Ms. Carter served as key speakers during the discussion of this agenda item. The variance would effectively double the permitted floor area ratio, allowing for a significantly larger addition than would normally be permitted under current zoning regulations.

The request centered on the need to expand the existing duplex structure, though the specific details of the proposed addition and the justification for the substantial increase in floor area ratio were discussed during the meeting proceedings.

After consideration of the application materials and discussion among board members, the variance request was approved. The approval allows Luftman Properties LLC to proceed with their planned addition at the increased floor area ratio of 0.7, representing a 100% increase over the standard 0.35 ratio typically permitted in the zoning district.

This approval enables the property owner to move forward with construction plans that would not have been possible under the existing zoning restrictions, demonstrating the board's willingness to grant relief from standard development parameters when appropriate justification is provided.

Variance Request by Jason and Laura Marcum

2:00

The Board of Appeals reviewed case PLN-BOA-21-00045, a variance request submitted by Jason and Laura Marcum to reduce the required side yard setback from 25 feet to 10 feet for the construction of a new attached garage.

Ms. Carter presented the details of the variance request, explaining that the applicants sought to build an attached garage on their property but needed relief from the standard side yard requirements to accommodate the proposed structure. The current zoning regulations require a 25-foot side yard setback, but the Marcums' request would allow construction with only a 10-foot setback.

Mr. Clarke participated in the discussion of the application, though the specific details of his comments were not captured in the available materials.

The variance request centered on the practical need to construct the garage while working within the constraints of the existing property layout. Such variance requests typically require demonstration of hardship or unique circumstances that prevent compliance with standard setback requirements.

Following the presentation and discussion of the application, the Board of Appeals approved the variance request. This approval allows Jason and Laura Marcum to proceed with construction of their new attached garage with the reduced 10-foot side yard setback rather than the standard 25-foot requirement.

The approval of PLN-BOA-21-00045 enables the property owners to move forward with their garage construction project under the modified setback parameters established by the variance.

Variance Request by Baron Gibson

3:00

The Board of Appeals considered case PLN-BOA-21-00047, a variance request submitted by Baron Gibson to reduce the minimum required lot frontage from 40 feet to 25 feet. The variance would enable Gibson to subdivide an existing lot that does not currently meet standard frontage requirements.

Mr. Needham and Ms. Whitman served as key speakers during the discussion of this agenda item. The request centered on allowing a subdivision that would otherwise be prohibited under current zoning regulations, which mandate a 40-foot minimum frontage for new lots in the area.

The variance application sought to reduce this requirement by 15 feet, representing a 37.5% reduction from the standard frontage requirement. This type of dimensional variance is typically requested when property owners wish to create additional buildable lots from existing parcels that have irregular shapes or constraints that prevent compliance with standard zoning dimensions.

Following discussion of the merits of the request, including consideration of any potential impacts on neighboring properties and compliance with variance criteria, the Board of Appeals voted to approve the variance request. The approval allows Gibson to proceed with the proposed lot subdivision using the reduced 25-foot frontage requirement rather than the standard 40-foot minimum.

The successful variance application enables the creation of additional developable land while working within the constraints of the existing property configuration.

Variance Request by Leighanne and Keith Daniel

4:00

The Board of Appeals reviewed case PLN-BOA-21-00050, a variance request submitted by Leighanne and Keith Daniel. The applicants sought approval to reduce the required side yard setback from 8 feet to 5 feet to accommodate the construction of an addition to their existing house.

Mr. Clarke and Mr. Needham served as key speakers during the discussion of this agenda item. The variance request was necessary because the proposed addition would not meet the standard zoning requirements for side yard setbacks under current regulations.

The Board evaluated the request based on standard variance criteria, considering whether the applicant demonstrated practical difficulties that would justify granting relief from the zoning ordinance requirements. The 3-foot reduction in the side yard setback would allow the Daniels to proceed with their planned home addition while maintaining the essential character of the neighborhood.

Following discussion and consideration of the application materials, the Board voted to approve the variance request. The approval allows the applicants to construct their addition with the reduced 5-foot side yard setback rather than the standard 8-foot requirement, enabling them to move forward with their home improvement project.

Variance Request by Tony and Susan Holmes

5:00

The Board of Adjustment reviewed case PLN-BOA-21-00049, a variance request submitted by Tony and Susan Holmes. The applicants sought approval to reduce the minimum required front yard setback from 300 feet to 100 feet to accommodate the construction of a Farm Employee Dwelling Unit on their property.

Ms. Carter and Mr. Clarke served as key speakers during the discussion of this agenda item. The variance request was necessary because the proposed location of the Farm Employee Dwelling Unit would not meet the standard 300-foot front yard setback requirement established in the zoning regulations.

The 200-foot reduction in the setback requirement would allow the Holmes family to position the dwelling unit 100 feet from the front property line instead of the standard 300 feet. This adjustment was specifically requested to enable the construction of housing for farm employees on the property.

Following the presentation and discussion of the variance request, the Board of Adjustment voted to approve PLN-BOA-21-00049. The approval allows Tony and Susan Holmes to proceed with their plans to construct the Farm Employee Dwelling Unit with the reduced front yard setback of 100 feet rather than the standard 300-foot requirement.

The approval of this variance enables the construction of the proposed Farm Employee Dwelling Unit while maintaining appropriate land use standards for the property.

Conditional Use Request by Judy Ray LLC

6:00

The board reviewed application PLN-BOA-21-00052, a conditional use request submitted by Judy Ray LLC for live outdoor entertainment in a Neighborhood Business (B-1) zone.

Mr. Gross and Ms. Carter served as the key speakers during the discussion of this agenda item. The request specifically sought approval to conduct live outdoor entertainment activities within the B-1 zoning district, which typically requires conditional use approval for such activities.

The board ultimately approved the conditional use request, allowing Judy Ray LLC to proceed with their proposed live outdoor entertainment operations in the Neighborhood Business zone.

*Note: Additional details about the specific location, conditions of approval, public comments, or concerns raised during the discussion were not available in the provided meeting materials.*