Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on January 10, 2022, 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 four agenda items during the session, taking four votes on various appeals and administrative matters. The meeting included one public comment from community members. Of the four cases heard, three were approved by the board: YAHUAH'S Conditional Use Appeal, Ryan Dawson Administrative Appeal, and HPI Preserve LLC Variance Appeal, while the Ecton Farm LLC Administrative Review was denied.

Attendance

The following members were present at the January 10, 2022 meeting:

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

Absent: • Chad Walker

No members arrived late to the meeting.

Votes and Decisions

The board considered four items during the meeting, with three motions passing unanimously and one failing to achieve the required majority.

PLN-BOA-21-00072 - YAHUAH's request for a conditional use to establish a personal care facility was approved unanimously. Raquel Carter made the motion, seconded by Harry Clarke. All six board members voted in favor: Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Raquel Carter, and Joan Whitman. The approval is subject to three conditions listed in the staff report. 0:00

PLN-BOA-21-00070 - Ryan Dawson's request for an administrative appeal to allow for construction of an in-ground swimming pool passed unanimously. Chad Needham motioned for approval, with Joan Whitman providing the second. The same six board members voted in favor, with the approval subject to one condition listed in the staff report. 0:00

PLN-BOA-21-00066 - HPI Preserve LLC's request for a lesser variance to increase the allowable height of columns and vehicular gates was approved unanimously. Branden Gross made the motion, seconded by Joan Whitman. All six board members voted to approve, subject to two conditions listed in the amended staff report. 0:00

PLN-BOA-21-00071 - Ecton Farm LLC's request for an administrative review regarding a previously approved conditional use failed to pass. Branden Gross made the motion, with Harry Clarke providing the second. The roll call vote resulted in 4 ayes and 2 nays, falling short of the required majority. Voting in favor were Raquel Carter, Branden Gross, Chad Needham, and Harry Clarke. Thomas Glover and Joan Whitman voted against the motion. 0:00

Public Comment

One member of the public addressed the board during the public comment period.

Lisa Gannoe spoke in opposition to Ecton Farm LLC's appeal 0:00. Gannoe argued that the structures in question were constructed without proper approval and constitute violations of the conditional use permit. She urged the board to deny the appeal based on these permit violations.

The public comment period focused exclusively on the Ecton Farm LLC matter, with no other topics or speakers participating in this portion of the meeting.

Contested Items

The meeting featured one contested item that resulted in a split vote among board members.

Ecton Farm LLC Administrative Review

The board faced a divisive decision regarding Ecton Farm LLC's administrative review request. The central disagreement focused on whether to permit an additional application related to a conditional use that was currently under appeal.

Board members were split on the appropriateness of allowing this supplementary application to proceed while the original conditional use remained in the appeals process. The debate centered on procedural questions about the timing and validity of considering new applications when existing matters were still being contested through official channels.

After discussion, the board ultimately denied Ecton Farm LLC's request in a 4-2 vote, with four members voting against allowing the additional application and two members supporting it. The split decision reflected the complexity of the procedural issues involved and differing interpretations among board members about the appropriate course of action.

The specific details of the conditional use under appeal and the nature of the additional application were not detailed in the available meeting materials, but the vote outcome demonstrates that a majority of the board felt it was inappropriate to move forward with new applications while the underlying conditional use remained unresolved in the appeals process.

YAHUAH'S Conditional Use Appeal

0:00

The Board of Adjustment reviewed application PLN-BOA-21-00072, a request for a conditional use permit to establish a personal care facility in a Planned Neighborhood Residential (R-3) zone.

Angela Shaw served as the key speaker presenting information about the proposed conditional use application. The request involved establishing a personal care facility within the R-3 zoning district, which requires special approval through the conditional use process.

Staff had conducted their review of the application and recommended approval of the conditional use permit, subject to specific conditions. The staff recommendation indicated that the proposed personal care facility met the necessary criteria for approval within the residential zoning classification.

The Board of Adjustment considered the staff recommendation and the details of the proposed facility during their deliberations. The application underwent the standard review process for conditional use permits in residential zones, which typically includes evaluation of compatibility with surrounding land uses, traffic impacts, and compliance with zoning requirements.

Following their review and discussion of the application materials and staff recommendation, the Board of Adjustment approved the conditional use permit for YAHUAH'S personal care facility. The approval allows the establishment of the facility in the R-3 zone, subject to the conditions outlined in the staff recommendation.

The successful approval of PLN-BOA-21-00072 enables the applicant to move forward with establishing the personal care facility in accordance with the approved conditional use permit and any associated requirements or restrictions imposed by the Board.

Ryan Dawson Administrative Appeal

0:00

The Board of Appeals considered case PLN-BOA-21-00070, an administrative appeal submitted by Ryan Dawson requesting permission to construct an in-ground swimming pool as an accessory structure to a non-conforming single family dwelling unit.

Steve Taylor served as the key speaker presenting information on this appeal case. The request centered on allowing construction of the swimming pool despite the property's non-conforming status under current zoning regulations.

The appeal involved reviewing whether the proposed in-ground pool construction would be appropriate given the existing non-conforming nature of the single family residence on the property. Administrative appeals of this type typically require the board to evaluate whether the proposed accessory structure would further violate zoning requirements or create additional non-conformity issues.

Following discussion and consideration of the appeal request, the Board of Appeals approved PLN-BOA-21-00070, granting Ryan Dawson permission to proceed with construction of the in-ground swimming pool accessory to the non-conforming single family dwelling unit.

The approval allows the property owner to move forward with the pool construction project while maintaining the existing residential use of the property.

HPI Preserve LLC Variance Appeal

0:00

The Board of Adjustment considered case PLN-BOA-21-00066, a variance request from HPI Preserve LLC to increase the allowable height of a fence in a front yard area.

Christian Elliott served as a key speaker during the discussion of this variance application. The request involved modifying existing height restrictions for fencing in the front yard setback area of the property.

Initially, planning staff had recommended disapproval of the variance request as originally submitted. However, during the course of the meeting proceedings, the application was modified to request a lesser variance than what was initially proposed.

The Board ultimately approved the revised variance request, allowing HPI Preserve LLC to proceed with their fencing project at the reduced height specifications rather than the original proposal that staff had recommended for denial.

The approval represents a compromise between the applicant's needs and the city's zoning requirements, with the Board finding that the modified request met the necessary criteria for granting a variance while addressing staff's initial concerns about the original proposal.

Ecton Farm LLC Administrative Review

0:00

The Board of Adjustment reviewed case PLN-BOA-21-00071, an administrative review request submitted by Ecton Farm LLC. The applicant sought a determination on whether the Division of Planning made an error in their decision to not accept an additional application related to a previously approved conditional use permit.

Key speakers during the discussion included Doug Martin and Lisa Gannoe, who presented arguments regarding the planning division's administrative decision. The review centered on the procedural question of whether the planning staff had properly declined to accept the supplemental application submission.

The administrative review process allows applicants to challenge staff-level decisions before the Board of Adjustment when they believe an error was made in the application of planning regulations or procedures. In this case, Ecton Farm LLC contested the planning division's refusal to accept their additional application materials related to an existing conditional use approval.

Following discussion of the merits of the administrative review request, the Board of Adjustment denied the appeal. This decision upheld the Division of Planning's original determination to not accept the additional application materials submitted by Ecton Farm LLC.

The denial means that the planning staff's administrative decision stands, and the applicant's additional application materials will not be processed through the standard review procedures. This outcome concludes the administrative review process for case PLN-BOA-21-00071.