Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on May 9, 2022, at 1:32 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the meeting officer. The board addressed seven agenda items during the session, all of which resulted in approvals for the applicants seeking various zoning accommodations.

The meeting focused primarily on variance requests and conditional use permits for residential and religious properties throughout the community. The board approved variance applications for Amy McSharry, Sara Morken, Lynn Winter, and Dillon Oaks, allowing these property owners to proceed with projects that required relief from standard zoning requirements. Additionally, the board granted conditional use permits for Dominique and Blake Stevenson and Northeast Christian Church, while also approving an amendment to an existing conditional use permit for Center Point Church.

Throughout the proceedings, the board conducted eight formal votes on the various matters before them. The meeting included one public comment period, providing community members an opportunity to address the board regarding the agenda items under consideration. The unanimous approval of all seven agenda items demonstrates the board's assessment that each application met the necessary criteria for zoning relief or conditional use authorization within the city's planning framework.

Attendance

The following members were present at the May 9, 2022 meeting:

• Raquel Carter
• Harry Clarke
• Thomas Glover
• Branden Gross (arrived late)
• Chad Needham
• Chad Walker
• Joan Whitman

All members were in attendance, with Branden Gross arriving after the meeting had begun. No members were absent from the meeting.

Votes and Decisions

The board conducted eight votes during the May 9, 2022 meeting, approving all items presented.

Minutes Approval 0:30 Chad Needham motioned to approve minutes from the March 14, 2022 and April 11, 2022 meetings, seconded by Joan Whitman. The motion passed unanimously with 6 ayes and 0 nays from Raquel Carter, Harry Clarke, Thomas Glover, Chad Needham, Chad Walker, and Joan Whitman.

PLN-BOA-22-00013 10:00 Chad Needham motioned to approve Amy McSharry's variance to reduce side yard setback from 10'10" to 3', seconded by Raquel Carter. The motion passed unanimously with 6 ayes, 0 nays, and 1 abstention, subject to four conditions as listed.

PLN-BOA-22-00017 20:00 Raquel Carter motioned to approve Sara Morken's variance to reduce front and side yard setbacks, seconded by Joan Whitman. The motion passed unanimously with 7 ayes and 0 nays, subject to three conditions as listed.

PLN-BOA-22-00018 30:00 Harry Clarke motioned to approve Lynn Winter's variance to reduce front yard setback for balcony addition, seconded by Chad Needham. The motion passed unanimously with 7 ayes and 0 nays, subject to two conditions as listed.

PLN-BOA-22-00012 40:00 Chad Needham motioned to approve Dominique and Blake Stevenson's conditional use permit for a home-based esthetician business, seconded by Joan Whitman. The motion passed unanimously with 7 ayes and 0 nays, subject to four conditions as listed.

PLN-BOA-22-00016 50:00 Harry Clarke motioned to amend Center Point Church's conditional use permit to expand their church facility, seconded by Raquel Carter. The motion passed unanimously with 7 ayes and 0 nays, subject to two conditions as listed.

PLN-BOA-22-00011 60:00 Branden Gross motioned to approve Dillon Oaks' variance to reduce front yard setback while disapproving additional paved parking, seconded by Raquel Carter. The motion passed by roll call vote with 7 ayes and 0 nays, subject to two conditions for the approved variance.

PLN-BOA-22-00014 70:00 Raquel Carter motioned to approve Northeast Christian Church's conditional use for establishing a child care center, seconded by Chad Needham. The motion passed unanimously with 7 ayes and 0 nays, subject to six conditions including modification to limit capacity to 98 children.

Public Comment

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

Pat Harris spoke in opposition to the Northeast Christian Church child care center proposal 75:00. Harris raised several concerns about the potential impact of the proposed facility on her property and the surrounding area.

Her primary concerns included:

• Noise issues - Harris expressed worry about noise generated by children using the facility as well as noise from HVAC units that would be part of the child care center operations

• Traffic flow concerns - She indicated that the increased traffic associated with the child care center would negatively affect her property and the immediate area

Harris's comments focused specifically on how the proposed Northeast Christian Church child care center would impact neighboring properties, particularly regarding noise levels and traffic patterns that would result from the facility's operations.

Contested Items

Two agenda items generated significant discussion and community opposition during the meeting.

Variance for Dillon Oaks

The variance request for Dillon Oaks sparked contentious debate centered on parking requirements and permitting issues. The discussion focused on the applicant's need for additional paved parking spaces beyond what was originally planned. Community members and board members raised concerns about the lack of initial permits that should have been obtained before proceeding with the project. The variance request highlighted procedural oversights in the development process, leading to extended deliberation about whether to approve the additional parking accommodation despite the permitting deficiencies.

Conditional Use for Northeast Christian Church

Northeast Christian Church's application for a conditional use permit to operate a child care center faced opposition from neighboring residents. A nearby resident voiced specific concerns about the potential impact of the proposed facility on the surrounding area. The primary objections centered on anticipated noise levels that would result from children's activities and the increased vehicle traffic that parents dropping off and picking up children would generate in the neighborhood. These concerns about quality of life impacts for existing residents created tension between the church's desire to expand their community services and neighbors' wishes to maintain the current character and tranquility of their area.

Both items required extended discussion as the board weighed the merits of each application against the legitimate concerns raised by community members. The contested nature of these items demonstrated the ongoing challenge of balancing development and expansion requests with existing residents' interests and community standards.

Variance for Amy McSharry

10:00

The Board of Appeals reviewed application PLN-BOA-22-00013, a variance request submitted by Amy McSharry to reduce the required side yard setback for a proposed garage addition. The current zoning ordinance requires a 10-foot 10-inch side yard setback, but McSharry requested approval to reduce this setback to 2 feet 8 inches.

Amy McSharry presented her request to the board, explaining the need for the variance to accommodate the planned garage addition on her property. The significant reduction in setback requirements would allow the structure to be built much closer to the property line than typically permitted.

Staff had reviewed the application and provided a recommendation that differed from the applicant's request. Rather than approving the full variance to 2 feet 8 inches, staff recommended that the board consider granting a lesser variance that would reduce the setback requirement to 3 feet. This staff recommendation represented a compromise position that would still provide relief from the standard setback requirements while maintaining a slightly larger buffer from the property line.

The board deliberated on both the applicant's original request and the staff's alternative recommendation. After considering the merits of the case, including the specific circumstances of the property and the proposed garage addition, the Board of Appeals voted to approve the variance request.

The approval allows McSharry to proceed with her garage addition project under the modified setback requirements, providing the relief from zoning standards necessary to move forward with the construction.

Variance for Sara Morken

20:00

The Board of Adjustment considered application PLN-BOA-22-00017, a variance request submitted by Sara Morken to reduce front and side yard setbacks for a property conversion project. The request involves converting a non-conforming commercial structure into a single-family residence.

Sara Morken presented her case to the board, explaining the need for reduced setbacks to facilitate the conversion of the existing commercial building to residential use. The current structure does not meet standard residential setback requirements, necessitating the variance to proceed with the conversion.

The board reviewed the application materials and heard Morken's presentation regarding the proposed residential conversion. The discussion focused on the specific setback reductions needed and how the conversion would transform the non-conforming commercial use into a compliant residential property.

After consideration of the request and applicable zoning requirements, the Board of Adjustment approved the variance application. The approval allows Morken to proceed with converting the commercial structure to a single-family residence with the reduced front and side yard setbacks as requested.

The variance approval enables the transformation of a non-conforming commercial property into residential use, bringing the property into better compliance with the surrounding neighborhood character while addressing the practical constraints of the existing building footprint.

Variance for Lynn Winter

30:00

The Board of Appeals considered case PLN-BOA-22-00018, a variance request submitted by Lynn Winter to reduce the required front yard setback for the addition of a balcony to a single-family residence.

Lynn Winter presented the request to the board, seeking permission to construct a balcony that would extend closer to the front property line than typically allowed under current zoning regulations. The variance was necessary to accommodate the proposed balcony addition to the existing single-family home.

The board reviewed the application and supporting materials for the setback reduction request. The discussion focused on the specific dimensions of the proposed balcony and how it would impact the required front yard setback requirements for the property.

After consideration of the request and any relevant factors, the Board of Appeals approved the variance application. The approval allows Lynn Winter to proceed with the balcony addition at the reduced front yard setback as requested in the application.

The variance approval enables the construction of the balcony addition to move forward in compliance with the modified setback requirements established through this decision.

Conditional Use Permit for Dominique and Blake Stevenson

40:00

The board reviewed application PLN-BOA-22-00012, a conditional use permit request from Dominique and Blake Stevenson to operate a home-based esthetician business in a Single-Family Residential zone.

Dominique Stevenson presented the application to the board, explaining the proposed business operations and how they would comply with residential zoning requirements. The request involved establishing an esthetician practice within their home, which requires special approval due to the commercial nature of the business in a residential area.

The board discussed the application details, including potential impacts on the surrounding neighborhood, parking considerations, and compliance with home-based business regulations. The proposal was evaluated against the criteria for conditional use permits in residential zones, with particular attention to maintaining the residential character of the area while allowing for appropriate home-based commercial activities.

Following the presentation and discussion, the board approved the conditional use permit for the Stevensons' home-based esthetician business. The approval allows them to proceed with operating their business from their residential property, subject to the conditions and requirements outlined in the permit.

Amend Conditional Use Permit for Center Point Church

50:00

The board reviewed application PLN-BOA-22-00016, a request to amend the conditional use permit for Center Point Church to allow expansion into adjoining commercial space.

Key speakers during the discussion included Brice Stockton and Graham Withers, who presented details about the proposed expansion of the existing church facility.

The request involved expanding the church's operations into adjacent commercial space, which would require modification of their current conditional use permit. The discussion focused on how this expansion would affect the church's ability to serve its congregation and the surrounding community.

The board ultimately approved the amendment to the conditional use permit, allowing Center Point Church to proceed with their expansion plans into the adjoining commercial space. This approval enables the church to utilize additional space for their religious and community activities while maintaining compliance with local zoning requirements.

Variance for Dillon Oaks

60:00

The Board of Adjustment considered agenda item PLN-BOA-22-00011, a variance request for Dillon Oaks regarding a single-family dwelling project. The application sought approval to reduce the required front yard setback and modify additional paved parking setback requirements.

Dillon Oaks presented the variance request to the board, outlining the specific setback reductions needed for the proposed single-family dwelling. David Lewis also participated in the discussion as a key speaker during the proceedings.

The variance application addressed two primary components: reducing the standard front yard setback distance and obtaining relief from additional paved parking setback requirements. These modifications were requested to accommodate the specific design and site constraints of the single-family residential project.

Following the presentation and discussion of the variance request, the Board of Adjustment approved PLN-BOA-22-00011. The approval allows the applicant to proceed with the single-family dwelling construction under the modified setback requirements rather than adhering to the standard zoning code provisions.

The approval of this variance enables the development to move forward with the reduced front yard setback and modified parking setback arrangements as requested by the applicant.

Conditional Use for Northeast Christian Church

70:00

The board reviewed application PLN-BOA-22-00014, a request from Northeast Christian Church to establish a child care center for up to 100 children in a Planned Neighborhood Residential zone.

Key speakers during the discussion included Abby Pace and Keith Parish, who presented details about the proposed child care facility. The application sought conditional use approval to operate the center within the church's existing facilities.

The request involved establishing a child care center with capacity for up to 100 children on the church property, which is located in a Planned Neighborhood Residential zoning district. This type of use requires conditional use approval in the designated zone.

Following presentation and discussion of the application details, the board approved the conditional use request for Northeast Christian Church to operate the child care center as proposed.