Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on March 14, 2022, at 1:30 PM via video teleconference in Lexington, KY, with Thomas Glover presiding as the meeting officer. The board addressed four agenda items during the session, including three appeal cases and the election of officers for the upcoming term. The meeting featured active public participation with two public comments heard from community members regarding the cases under consideration. The board conducted three formal votes throughout the proceedings, resulting in a mixed outcome of decisions that included both approvals and denials of the appeals brought before them.

The board's work centered primarily on reviewing variance and conditional use appeals, with two conditional use appeals receiving approval while one variance appeal was denied. Additionally, the board successfully completed their annual election of officers, ensuring continued leadership structure for future meetings. The video teleconference format allowed for remote participation while maintaining the board's regular meeting schedule and public access requirements.

Attendance

Present: • Harry Clarke • Thomas Glover • Branden Gross • Chad Needham • Chad Walker • Joan Whitman

Absent: • Raquel Carter

Late: • None

*Note: There appears to be a data inconsistency regarding Raquel Carter's attendance status in the source materials.*

Votes and Decisions

The board considered three applications during the meeting, with mixed outcomes on the requests.

PLN-BOA-22-00006 1:30 - The request for a variance to increase the allowable height of a fence in the front yard from 4' to 5' failed unanimously. Raquel Carter made the motion, seconded by Joan Whitman, but all seven board members voted against the proposal: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman. The final vote was 0 ayes, 7 nays, 0 abstentions.

PLN-BOA-22-00004 2:30 - The request for a conditional use to establish a family childcare for up to 12 children passed by roll call vote. Raquel Carter motioned and Joan Whitman seconded the proposal. Five members voted in favor: Raquel Carter, Harry Clarke, Thomas Glover, Chad Walker, and Joan Whitman. Two members opposed: Branden Gross and Chad Needham. The final vote was 5 ayes, 2 nays, 0 abstentions. The approval was subject to six conditions including regulatory agency visits.

PLN-BOA-22-00005 4:00 - The request for a conditional use to establish a rehabilitation home within 500 feet of a residential zone passed by roll call vote. Branden Gross made the motion, seconded by Joan Whitman. Four members voted to approve: Thomas Glover, Branden Gross, Chad Needham, and Joan Whitman. Two members voted against: Harry Clarke and Chad Walker. The final vote was 4 ayes, 2 nays, 0 abstentions. The approval included six conditions, including non-transferability and fencing requirements.

Public Comment

Two residents addressed the board during the public comment period, both expressing opposition to proposed applications.

Renee Park-Mooney 2:45 spoke in opposition to Angela Shaw's childcare application. Park-Mooney raised concerns about potential noise impacts and increased traffic that would result from the proposed childcare facility. She also cited past non-compliance with conditions as a reason for her opposition to the application.

Jessica Winters 3:30 addressed the board regarding opposition to the Stepworks Recovery Center. Winters indicated she was representing 29 residents who oppose the proposed rehabilitation home. The concerns raised by this group of residents focused on safety issues and potential negative impacts on property values in the area.

Both speakers presented their concerns during the designated public comment portion of the meeting, providing the board with community input on these pending applications.

Appointments

The meeting included several key leadership appointments for the upcoming term. Three individuals were selected to fill essential officer positions within the organization.

Thomas Glover was appointed to serve as Chairperson. This role will place him in the primary leadership position, responsible for overseeing meetings and guiding the organization's activities.

Chad Needham received appointment as Vice-Chairperson. In this capacity, he will assist the Chairperson and serve as backup leadership when needed.

Raquel Carter was appointed to the position of Secretary. Her responsibilities will include maintaining meeting records, correspondence, and other administrative duties essential to the organization's operations.

All three appointments were completed during the March 14, 2022 meeting, establishing the leadership structure for the organization moving forward.

Contested Items

Two agenda items faced significant community opposition during the March 14, 2022 meeting.

Stepworks Recovery Center

The proposed Stepworks Recovery Center generated substantial opposition from area residents. Community members voiced concerns about public safety implications of locating a rehabilitation facility in their neighborhood. Residents also expressed worries about potential negative impacts on local property values. Additionally, speakers questioned whether the proposed location was appropriate for this type of recovery home facility. The nature and extent of community testimony suggests this was a significant point of contention during the meeting proceedings.

Angela Shaw's Childcare

Angela Shaw's childcare operation also drew opposition from neighboring residents. Community members raised multiple concerns about the facility's operations, including noise levels generated by the childcare activities and increased traffic in the residential area. Neighbors also cited past issues with non-compliance regarding previously established operating conditions for the facility. The combination of operational concerns and compliance history appeared to fuel neighborhood opposition to the childcare proposal.

Both items involved direct community participation with residents speaking against the proposals during the public comment portions of the meeting. The opposition centered on quality of life concerns, neighborhood compatibility issues, and in the case of the childcare facility, past compliance problems with established conditions.

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

Variance Appeal for Carter and Katherine Schumacher

1:30

The board considered agenda item III.C.1, a variance appeal submitted by Carter and Katherine Schumacher requesting permission to increase their fence height from the standard 4 feet to 5 feet.

Thomas Glover and Daniel Crum served as the key speakers during the discussion of this variance request. The applicants sought approval to exceed the municipal fence height regulations for their property.

Following deliberation by the board members, the variance appeal was denied. The Schumachers' request to install a 5-foot fence instead of the standard 4-foot maximum height was not approved.

*Note: Limited details were available in the source materials regarding the specific reasons for denial, property location, or detailed arguments presented during the discussion.*

Conditional Use Appeal for Angela Shaw

2:30

The board considered agenda item III.D.1, a conditional use appeal submitted by Angela Shaw requesting approval to establish a family childcare facility for up to 12 children.

Angela Shaw presented her request to the board, seeking permission to operate the childcare facility. The discussion involved Shaw explaining the details of her proposed operation and addressing any questions from board members.

Raquel Carter also participated in the discussion regarding Shaw's conditional use application. The conversation covered the specifics of the proposed family childcare business and its compliance with applicable regulations and zoning requirements.

After reviewing Shaw's request and hearing the presentation, the board voted to approve the conditional use permit for the family childcare facility. The approval came with conditions, though the specific details of those conditions were not detailed in the available materials.

The approval allows Shaw to move forward with establishing her family childcare business to serve up to 12 children, subject to meeting the conditions set forth by the board.

Conditional Use Appeal for Stepworks Recovery Center

4:00

The board considered agenda item III.D.2, a conditional use appeal for Stepworks Recovery Center requesting approval to establish a rehabilitation home.

Key speakers during the discussion included Nick Nicholson and Jessica Winters, who presented details about the proposed facility and addressed questions from board members.

The request involved establishing a rehabilitation home, which required conditional use approval under local zoning regulations. The speakers provided information about the center's operations, services, and compliance with applicable requirements for such facilities.

Following discussion of the proposal, the board voted to approve the conditional use request. The approval came with specific conditions that must be met by Stepworks Recovery Center, though the exact details of those conditions were not specified in the available materials.

The approval allows Stepworks Recovery Center to move forward with establishing their rehabilitation home facility, subject to meeting the conditions set forth by the board during their deliberations.

Election of Officers

6:30

The Board conducted its annual election of officers under agenda item IV.A. The process resulted in the selection of three key leadership positions for the upcoming term.

Officers Elected: - Chair: Thomas Glover - Vice-Chair: Chad Needham - Secretary: Raquel Carter

The election proceedings were facilitated with participation from key speakers Thomas Glover and Branden Gross. The nominations and voting process proceeded smoothly without significant debate or opposition recorded during the session.

The newly elected officers will assume their respective responsibilities for the Board's operations, with Thomas Glover taking the leadership role as Chair, Chad Needham serving as Vice-Chair to assist with Board functions, and Raquel Carter handling secretarial duties including meeting documentation and correspondence.

The election was approved by the Board, establishing the leadership structure for the current term. This officer election represents a routine but essential governance function, ensuring continuity of Board operations and clearly defined roles for meeting facilitation, administrative oversight, and organizational management.