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Board of Adjustment Hearing

October 11, 2021 · 23,015 words

Summary

Meeting Overview

The Board of Adjustment convened on October 11, 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 three agenda items during the session, including the approval of previous meeting minutes and two informational presentations. The meeting featured seven motions and votes, with board members hearing two public comments from attendees. Key agenda items included a presentation of a resolution to Janice Meyer and an overview of the 2018 Comprehensive Plan, both serving as informational items for the board's consideration.

Attendance

The following members were present at the October 11, 2021 meeting:

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

Absent: • Branden Gross

No members arrived late to the meeting.

Votes and Decisions

The board took action on seven items during the October 11, 2021 meeting, with all motions passing unanimously.

Meeting Minutes Approval 0:30 Raquel Carter motioned to approve the minutes from the August 9, 2021 and September 13, 2021 meetings, seconded by Joan Whitman. The motion passed unanimously 6-0 with votes from Carter, Harry Clarke, Thomas Glover, Chad Needham, Chad Walker, and Joan Whitman.

PLN-BOA-21-00057 - Hills Properties Variance 10:00 Chad Needham motioned to postpone the variance request by Hills Properties, seconded by Harry Clarke. The postponement was approved unanimously 6-0.

PLN-BOA-21-00053 - Setzer Variance 20:00 Harry Clarke motioned to approve the variance request by Candice and Jon Setzer to reduce side street side yard setback, seconded by Joan Whitman. The motion passed unanimously 6-0, subject to three conditions as listed.

PLN-BOA-21-00054 - Southern & Jones Properties Variance 30:00 Raquel Carter motioned to approve the variance request by Southern & Jones Properties LLC to reduce side yard setback, seconded by Harry Clarke. The motion passed unanimously 6-0, subject to two conditions as listed.

PLN-BOA-21-00055 - DBSP Administrative Appeal 40:00 Chad Needham motioned to approve the administrative appeal by DBSP, LLC for wall signs, seconded by Raquel Carter. The motion passed unanimously 6-0, subject to four conditions as listed.

PLN-BOA-21-00039 - Arcadia Company Conditional Use 1:30:00 Raquel Carter motioned to approve the conditional use request by The Arcadia Company LLC to establish a school, seconded by Chad Needham. The motion passed unanimously 6-0, subject to four conditions as listed.

PLN-BOA-21-00058 - LFUC Housing Authority 2:30:00 Raquel Carter motioned to approve the conditional use and variance requests by LFUC Housing Authority, seconded by Chad Walker. The motion passed unanimously 4-0 with votes from Carter, Clarke, Glover, and Walker, subject to six conditions including alternate condition number one.

Public Comment

Two residents addressed the board during the public comment period regarding the LFUC Housing Authority project.

Billie Mallory 2:00:00 spoke first, expressing several concerns about the proposed development. Mallory raised issues related to public safety and personal security associated with the project. Additionally, Mallory criticized what they perceived as a lack of adequate public engagement in the planning process for the Housing Authority development.

Amy Clark 2:10:00 followed with comments that took a different perspective on the same project. While Clark expressed support for the proposed LFUC Housing Authority project, she recommended that the board consider a continuance to allow for additional information to be gathered and presented regarding the variances being requested as part of the development proposal.

Both speakers focused their remarks on the Housing Authority project, though they presented contrasting viewpoints - one raising concerns about safety and community input, while the other supported the project but sought more detailed information about specific aspects of the proposal before proceeding.

Appointments

The board addressed one appointment matter during the meeting.

  • Janice Meyer resigned from the Board of Adjustment

No additional details were provided regarding the resignation or any replacement appointments at this time.

Contested Items

Two agenda items faced significant community opposition during the October 11, 2021 meeting.

The Arcadia Company LLC Conditional Use Request

The Arcadia Company LLC's application for conditional use generated considerable debate from community members. Residents raised multiple concerns about the proposed project, focusing primarily on traffic impacts and safety issues. Specific objections included worries about increased traffic in the area and potential safety risks to both children and horses in the vicinity. Community members also questioned whether the proposed location was appropriate for a school facility, suggesting the site may not be suitable for educational purposes.

LFUC Housing Authority Project

The LFUC Housing Authority project faced substantial community pushback, with residents voicing serious concerns about multiple aspects of the proposal. Opposition centered on public safety issues and personal security concerns related to the housing development. Community members also criticized what they perceived as inadequate public engagement in the planning process, expressing frustration that they had not been sufficiently consulted or informed about the project's details and potential impacts on their neighborhood.

Both contested items highlighted tensions between development proposals and community concerns about safety, traffic, and the consultation process. The opposition demonstrated residents' active engagement in local planning decisions and their willingness to voice objections when they felt their interests or safety might be compromised.

*Note: Specific timestamps and final outcomes for these contested items were not available in the provided meeting data.*

Approval of Minutes

0:30

The board considered the approval of minutes from two previous meetings during this agenda item. Thomas Glover presented the minutes from the August 9, 2021 meeting and the September 13, 2021 meeting for the board's review and approval.

The minutes from both meetings were approved without recorded discussion or amendments. No concerns were raised regarding the accuracy or completeness of either set of meeting minutes.

Outcome: Both sets of minutes were approved as presented.

Presentation of Resolution to Janice Meyer

5:00

The meeting included a presentation of a resolution honoring former Board of Adjustment member Janice Meyer for her service. Thomas Glover served as the key speaker for this agenda item.

The resolution was presented to recognize Meyer's contributions during her tenure on the Board of Adjustment. This was an informational presentation with no action required from the meeting participants.

No additional details about the specific content of the resolution, the length of Meyer's service, or her particular contributions were provided in the available meeting materials.

Overview of the 2018 Comprehensive Plan

3:40:00 Division of Planning staff provided an informational presentation on the 2018 Comprehensive Plan, titled "Imagine Lexington." The presentation was delivered by key speakers Chris Woodall and Traci Wade from the planning division.

The staff overview focused on the comprehensive plan that was adopted in 2018, which serves as the long-term planning document guiding development and growth decisions for the community. The presentation was informational in nature, providing background and context on the plan's framework and implementation.

This agenda item served as an educational session for meeting participants, with no formal action taken or decisions made. The presentation allowed staff to review the key components and vision outlined in "Imagine Lexington" and discuss how the comprehensive plan continues to guide planning decisions and policy development.

The overview provided foundational information that likely supported other agenda items or planning discussions during the meeting, ensuring participants had a clear understanding of the current comprehensive planning framework in place.

Decisions

  • Motion — passed (6-0): Approval of the minutes from August 9, 2021 and September 13, 2021 meetings
  • PLN-BOA-21-00057 — postponed (6-0): Postponement of variance request by Hills Properties
  • PLN-BOA-21-00053 — passed (6-0): Variance request by Candice and Jon Setzer to reduce side street side yard
  • PLN-BOA-21-00054 — passed (6-0): Variance request by Southern & Jones Properties LLC to reduce side yard setback
  • PLN-BOA-21-00055 — passed (6-0): Administrative appeal by DBSP, LLC for wall signs
  • PLN-BOA-21-00039 — passed (6-0): Conditional use request by The Arcadia Company LLC to establish a school
  • PLN-BOA-21-00058 — passed (4-0): Conditional use and variance requests by LFUC Housing Authority