Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on November 8, 2021, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the presiding officer. The board addressed seven agenda items involving variance and conditional use permit requests from various applicants, including property developers, healthcare facilities, housing authorities, and religious organizations. During the meeting, the board conducted eight motions and votes while hearing five public comments from community members. The session resulted in three conditional use permits being approved, one variance request being denied, one item being withdrawn by the applicant, and two matters being deferred for future consideration.

Attendance

The following members were present at the November 8, 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 conducted eight votes during the November 8, 2021 meeting 0:00.

Minutes Approval: Harry Clarke motioned to approve the October 11, 2021 meeting minutes, seconded by Chad Needham. The motion passed unanimously 6-0 with all members voting in favor.

Case Postponements: Two cases were postponed by unanimous votes. Chad Needham motioned to postpone PLN-BOA-21-00064 (LFUC Housing Authority variance requests), seconded by Raquel Carter, passing 6-0 with one abstention. Harry Clarke motioned to postpone PLN-BOA-21-00063 (Chenault Interests LTD conditional use and variance requests), seconded by Raquel Carter, passing unanimously 6-0.

Approved Applications: Three conditional use applications were approved. PLN-BOA-21-00061 for First United Methodist Church passed unanimously 6-0 on a motion by Raquel Carter, seconded by Chad Whitman, subject to two conditions. PLN-BOA-21-00059 for The Church in Lexington Inc passed unanimously 6-0 on a motion by Chad Needham, seconded by Joan Whitman, subject to six conditions. PLN-BOA-21-00062 for Mom Mom's Lavender passed 4-2 on a motion by Raquel Carter, seconded by Joan Whitman, with Carter, Clarke, Walker, and Whitman voting in favor and Glover and Needham voting against, subject to five conditions.

Denied Application: PLN-BOA-21-00060 for New Lexington Clinic PSC variance was unanimously denied 6-0, with Raquel Carter motioning for disapproval and Harry Clarke providing the second.

Administrative Business: The board unanimously adopted the 2022 Board of Adjustment Meeting and Filing Schedule 6-0 on a motion by Harry Clarke, seconded by Joan Whitman.

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

Public Comment

Five residents spoke during the public comment period, addressing concerns about three different applications before the board 0:00.

Chenault Interests LTD Application

Jon Blehar spoke in opposition to postponing the Chenault Interests LTD application, arguing that it should be denied outright to prevent the applicant from making repeated appearances before the board 0:00.

D.G. Linton-Gridley also opposed the Chenault Interests LTD application, specifically expressing concerns about potential traffic issues that would result if a drive-through restaurant is approved at the location 0:00.

The Church in Lexington Inc Application

Michelle Harr voiced opposition to The Church in Lexington Inc application, citing concerns about flooding issues and the proposed construction of a new bridge on the property 0:00.

Greg Mason also addressed The Church in Lexington Inc application, requesting that existing screening between properties be maintained. He additionally expressed concerns about flooding impacts from the proposed development 0:00.

Mom Mom's Lavender Application

Angela Stivers spoke in opposition to the Mom Mom's Lavender application, raising concerns about both traffic impacts and signage issues related to the proposed farm gift shop 0:00.

The public comments focused primarily on traffic concerns, flooding issues, and property screening, with residents expressing opposition or requesting modifications to the three applications under consideration.

Contested Items

Two applications generated significant debate and opposition during the November 8, 2021 meeting.

Chenault Interests LTD Application

The Chenault Interests LTD application faced strong community opposition from residents who attended the meeting to voice their concerns. Community members expressed opposition both to the postponement of the application and to the substance of the proposal itself. The primary concern raised by residents centered on potential traffic impacts that would result from the proposed development. The nature of the opposition suggests this was a significant local issue that drew public attendance and engagement at the meeting.

Mom Mom's Lavender Application

The Mom Mom's Lavender application for a conditional use permit to operate a farm gift shop resulted in a split vote among board members, indicating significant disagreement about the proposal. The division on the board stemmed from concerns about the timing of farming activities associated with the operation. Board members were unable to reach consensus on whether to approve the conditional use permit, with some members apparently having reservations about how the farming component would be managed in relation to the proposed gift shop operations.

Both contested items highlight different types of opposition - the Chenault Interests application faced external community resistance focused on traffic impacts, while the Mom Mom's Lavender application generated internal board disagreement about operational timing concerns. These disputes demonstrate the range of issues that can create controversy in land use and development decisions, from infrastructure concerns to questions about the compatibility of different agricultural and commercial activities.

HILLS PROPERTIES variance request

The Board of Adjustment considered agenda item PLN-BOA-21-00057, a variance request from Hills Properties. 0:00

Autumn Goderwis addressed the board regarding this application, which sought to increase the maximum number of parking spaces allowed for the property.

However, before any substantive discussion or deliberation could take place, the applicant withdrew the variance request. No details were provided in the meeting record about the specific reasons for the withdrawal or the proposed number of parking spaces that had been requested.

The withdrawal meant that the Board of Adjustment did not need to review the merits of the application, consider any potential impacts, or make a determination on whether to grant or deny the variance. The item was removed from active consideration without further action required by the board.

Outcome: Application withdrawn by applicant

NEW LEXINGTON CLINIC PSC variance request

The Board of Adjustment reviewed case PLN-BOA-21-00060, a variance request from New Lexington Clinic PSC to increase the allowable height of a free-standing sign 0:00.

Jordan Wess presented the case to the board, providing details about the clinic's request to exceed the standard height limitations for their proposed signage.

Following staff's recommendation, the board voted to disapprove the variance request. The application was denied, meaning New Lexington Clinic PSC will need to comply with existing height restrictions for their free-standing sign or pursue alternative signage solutions.

The specific height measurements requested, location details, and reasoning behind the staff's negative recommendation were not detailed in the available meeting materials. The board's decision aligns with staff guidance on this matter.

LFUC HOUSING AUTHORITY variance requests

0:00

The Board of Adjustment considered agenda item PLN-BOA-21-00064, a request from LFUC Housing Authority for variances to reduce required front and side street side yards.

Tony Barrett served as the key speaker for this item, though the specific details of the variance request and the discussion that took place were not captured in the available meeting materials.

The Board ultimately decided to postpone consideration of the LFUC Housing Authority variance requests to the December meeting. No final decision was made on the merits of the variance application during this November 8, 2021 session.

The deferral allows additional time for review of the proposal or for the applicant to provide additional information before the Board makes its determination on whether to grant the requested yard setback reductions.

THE CHURCH IN LEXINGTON INC conditional use request

0:00

The Board of Adjustment reviewed application PLN-BOA-21-00059, a conditional use request from The Church in Lexington Inc to construct a church facility. Doug Johnson served as a key speaker during the discussion of this agenda item.

The request involved obtaining conditional use approval for church construction, which required the board to evaluate the proposal against applicable zoning requirements and community standards. During the review process, the board examined various aspects of the proposed development to ensure compliance with local regulations.

The discussion centered on specific conditions that would need to be met for the project to proceed. Stormwater management emerged as a primary concern, with the board requiring the applicant to address drainage and water runoff issues associated with the new construction. Additional requirements were also established as part of the conditional approval process.

Following their review and deliberation, the Board of Adjustment voted to approve the conditional use request. The approval came with attached conditions that The Church in Lexington Inc must satisfy, including the stormwater management requirements and other stipulations deemed necessary by the board.

The conditional approval allows the church project to move forward, provided all specified conditions are met during the development process. This outcome enables The Church in Lexington Inc to proceed with their plans for the new church facility while ensuring compliance with local zoning regulations and addressing community concerns related to infrastructure and environmental impact.

BOARD OF TRUSTEES OF FIRST UNITED METHODIST CHURCH conditional use request

0:00

The board reviewed application PLN-BOA-21-00061, a conditional use request submitted by the Board of Trustees of First United Methodist Church. The request sought approval to expand the existing place of religious assembly by constructing an open-air pavilion on the church property.

Chad Foster served as the key speaker presenting information about the proposed project during the discussion. The application involved modifications to the church's current facilities to accommodate the new pavilion structure, which would enhance the congregation's ability to hold outdoor religious services and community gatherings.

The board considered the request as part of the church's expansion plans for their religious assembly use. The open-air pavilion was designed to complement the existing church facilities while providing additional space for worship and community activities.

Following the presentation and discussion of the conditional use application, the board voted to approve PLN-BOA-21-00061. The approval allows the Board of Trustees of First United Methodist Church to proceed with construction of the open-air pavilion as an expansion of their existing place of religious assembly.

The conditional use permit approval enables the church to move forward with their plans to enhance their facilities and better serve their congregation and community through the addition of the outdoor pavilion space.

MOM MOM'S LAVENDER conditional use request

0:00

The Board of Adjustment reviewed application PLN-BOA-21-00062, a conditional use request from Mom Mom's Lavender for agritourism activities to establish a farm gift shop.

Philip Santiago presented the request on behalf of the applicant. The proposal sought approval for agritourism activities that would allow the operation of a farm gift shop in conjunction with the existing lavender farming operation.

The Board discussed the application and its compliance with conditional use requirements for agritourism activities. The request was evaluated based on the property's agricultural zoning and the proposed use's compatibility with surrounding land uses.

Following deliberation, the Board approved the conditional use request with conditions. The approval allows Mom Mom's Lavender to proceed with establishing the farm gift shop as part of their agritourism operations, subject to meeting the specified conditions outlined by the Board.

The conditional use approval enables the property owner to diversify their agricultural operation by adding retail sales of farm products and related items, which supports the agritourism industry while maintaining the property's primary agricultural character.

CHENAULT INTERESTS LTD conditional use and variance requests

0:00

The Board of Adjustment considered agenda item PLN-BOA-21-00063, a request from Chenault Interests Ltd for a conditional use permit for drive-through facilities and a variance.

Dan Rose served as the key speaker for this agenda item during the discussion.

The Board ultimately decided to postpone consideration of Chenault Interests Ltd's application to the December meeting. No detailed discussion of the specific conditional use or variance requests was recorded during this portion of the meeting.

The outcome was a deferral of the item, meaning the applicant's requests for drive-through facility approval and the associated variance will be taken up at a future Board of Adjustment meeting in December 2021.