Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on April 11, 2022, at 1:30 PM in the Council Chamber at 200 E. Main St., Lexington, KY 40507, with Thomas Glover presiding as the meeting officer. The board addressed two variance appeals during the session, both of which were approved following deliberation. The meeting included 2 motions and votes on the agenda items, with no public comments recorded during the proceedings. Both variance appeals—one filed by Anita Kay Sexton and another by Karen E. and Michael Pruitt—received favorable outcomes from the board members.

Attendance

The following members were present at the meeting on April 11, 2022:

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

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board considered two variance requests during the meeting, both of which were approved with conditions.

PLN-BOA-22-00008 10:00 The board voted on a variance request by Anita Kay Sexton to reduce the required front yard setback from 65 feet to 25 feet. Chad Needham made the motion, which was seconded by Joan Whitman. The motion passed unanimously with all seven members voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman. The approval came with conditions requiring construction to be in accordance with the submitted application materials and site plan, except for necessary changes to the proposed paving. All necessary permits and/or approvals must be obtained from the Division of Building Inspection prior to construction.

PLN-BOA-22-00007 30:00 The board voted on a variance request by Karen E. and Michael Pruitt to reduce the required front yard setback from 150 feet to 107 feet. Raquel Carter made the motion, which was seconded by Harry Clarke. The motion passed by a roll call vote of 5-2. Members voting in favor were Raquel Carter, Harry Clarke, Branden Gross, Chad Needham, and Chad Walker. Thomas Glover and Joan Whitman voted against the motion. The approval included conditions requiring construction to be in accordance with the submitted application materials and site plan, and that all necessary permits and approvals from the Division of Building Inspection be secured prior to construction.

Both approved variances require compliance with standard permitting processes and adherence to submitted plans.

Contested Items

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

Variance Request by Karen E. and Michael Pruitt

A variance request submitted by Karen E. and Michael Pruitt generated significant disagreement among the board members, ultimately resulting in a 5-2 vote. The request passed despite opposition from two members, including the presiding officer who voted against the proposal along with one other board member.

The specific details of what the Pruitts were seeking variance for were not provided in the available meeting materials, nor were the reasons for the split decision among board members clearly documented. However, the fact that the presiding officer voted against the measure suggests there were substantial concerns about approving the variance request.

The final outcome was approval of the Pruitt variance request, with five members voting in favor and two members, including the presiding officer, voting against the proposal.

*Note: Specific transcript timestamps and additional details about the nature of the variance request and the reasons for opposition were not available in the provided meeting materials.*

Variance Appeal - Anita Kay Sexton

10:00

The board considered agenda item III.C.1, a variance request from Anita Kay Sexton to reduce the required front yard setback from 65 feet to 25 feet for an addition to an existing single-family dwelling.

Staff presented the case with a recommendation for approval. Thomas Glover, Chad Needham, and Joan Whitman served as key speakers during the discussion of this variance request.

The variance would allow Ms. Sexton to construct an addition to her existing home while maintaining a 25-foot front yard setback rather than the standard 65-foot requirement. This represents a significant reduction of 40 feet from the typical setback standards.

Staff analysis determined that the variance met the necessary criteria for approval, leading to their positive recommendation to the board. The specific details of the property conditions, hardship justification, and impact on neighboring properties that supported this recommendation were presented during the discussion.

Following the presentation and discussion among board members, the variance appeal was approved, allowing Ms. Sexton to proceed with her planned addition under the reduced setback requirements.

Variance Appeal - Karen E. and Michael Pruitt

30:00

The board considered agenda item III.C.2, a variance request from Karen E. and Michael Pruitt to reduce the required front yard setback from 150 feet to 107 feet for a new single-family dwelling construction project.

Key speakers during the discussion included Thomas Glover, Raquel Carter, and Harry Clarke, who presented various perspectives on the variance application.

Staff had recommended disapproval of the variance request, indicating that the proposed 43-foot reduction in the front yard setback did not meet the standard criteria for granting such relief. The standard setback requirement of 150 feet was established to maintain appropriate spacing and character in the area.

Despite the staff's negative recommendation, the board members engaged in discussion regarding the merits of the application. The specific concerns raised during the deliberation and the rationale provided by the applicants were considered as part of the review process.

Following the presentation and discussion, the board voted to approve the variance request, overriding the staff recommendation. This approval allows the Pruitts to proceed with construction of their single-family dwelling with the reduced front yard setback of 107 feet rather than the standard 150-foot requirement.

The approved variance represents a significant deviation from the established setback standards, reducing the required distance by nearly 29% from the original requirement.