Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on June 13, 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 seven agenda items during the session, including the approval of meeting minutes and six development-related requests ranging from variance applications to conditional use permits. The board took seven votes throughout the meeting and heard five public comments from community members regarding the various proposals under consideration.

The meeting resulted in mixed outcomes for the applicants, with the majority of requests receiving approval. Four variance and conditional use requests were approved, including applications by Keith Jones, Oscar and Julie Vargas, RLV Ventures, and Little Caesars. However, the New Life Baptist Church's amendment request was denied by the board. One item, the conditional use permit request by Anderson Communities, Inc., was postponed for future consideration, leaving that matter unresolved at the conclusion of the meeting.

Attendance

The following members were present at the meeting on June 13, 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 conducted seven votes during the June 13, 2022 meeting, addressing various planning applications and administrative matters.

Minutes Approval 0:30 The board unanimously approved the minutes from the May 9, 2022 meeting. Branden Gross made the motion, seconded by Joan Whitman, with all seven members voting in favor.

PLN-BOA-22-00021 1:30 Keith Jones's variance request to reduce front yard setback passed 6-0-1 on a roll call vote. Branden Gross motioned and Joan Whitman seconded. Voting in favor: Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman. Raquel Carter abstained. The approval includes conditions requiring construction in accordance with submitted materials and obtaining necessary permits.

PLN-BOA-22-00025 2:30 Oscar and Julie Vargas's variance request for yard setbacks passed unanimously 7-0. Chad Needham made the motion, Joan Whitman seconded. The approval requires additions be constructed per submitted materials and permits obtained prior to construction.

PLN-BOA-22-00027 3:30 RLV Ventures' variance request for yard setbacks passed 6-0-1 on a roll call vote. Raquel Carter motioned, Branden Gross seconded. Voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Walker, and Joan Whitman. Chad Needham abstained. Conditions include construction per submitted materials and obtaining permits prior to construction and occupancy.

PLN-BOA-22-00015 4:30 Little Caesars' conditional use request for drive-through facilities passed unanimously 7-0. Raquel Carter motioned, Joan Whitman seconded. Conditions include installing an eight-foot solid fence at the rear property line.

PLN-BOA-22-00020 5:30 New Life Baptist Church's amendment request to modify landscaping conditions failed unanimously 0-7. Chad Needham made the motion, Harry Clarke seconded.

PLN-BOA-22-00026 6:30 Anderson Communities, Inc's conditional use permit request for outdoor recreational facilities was postponed following a 5-2 vote. Chad Needham motioned to postpone, Raquel Carter seconded. Supporting postponement: Raquel Carter, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman. Opposing: Thomas Glover and Harry Clarke.

Public Comment

Five residents addressed the board during the public comment period, focusing on two main development proposals.

Three speakers raised concerns about the proposed Little Caesars drive-through facility. Margaret A. Sealey 4:45 expressed concerns about noise, lighting, and buffer zones for the proposed drive-through facility. Tim Whalen 4:50 followed with concerns about increased traffic and noise from the proposed drive-through facility. Francois Pomereau 4:55 also discussed potential noise and lighting issues and requested additional buffering for the project.

Two additional speakers addressed the Anderson Communities soccer fields proposal. Aveory Faircloth 6:45 expressed concern about displacement of horse trainers due to the proposed soccer fields. Brittany Roethemeier 7:00 opposed the proposal due to potential impacts on agricultural land and traffic concerns.

The public comments highlighted community concerns about both commercial and recreational development impacts, with residents focusing on noise mitigation, traffic increases, lighting issues, and preservation of existing land uses including agricultural activities and equestrian facilities.

Appointments

The meeting included one appointment action during the proceedings.

Todd Kelly was appointed to the Landscape Review Committee. The appointment was approved by the governing body during the session.

*Note: Specific transcript timestamps were not available in the provided materials for this appointment action.*

Contested Items

Two development proposals faced significant community opposition during the June 13, 2022 meeting.

Anderson Communities Soccer Fields

The Anderson Communities soccer fields proposal encountered substantial resistance from local residents and stakeholders. The primary concerns centered on the potential displacement of horse trainers who currently use the area and the impact the development would have on existing agricultural land. Community members voiced opposition to converting what they viewed as valuable agricultural space into recreational facilities, arguing that the change would disrupt established equestrian activities and alter the rural character of the area.

Little Caesars Drive-Through

The proposed Little Caesars drive-through facility generated considerable debate among residents who raised multiple concerns about the project's potential impacts on the surrounding neighborhood. Community opposition focused on three main issues: increased noise levels from vehicle traffic and operations, additional traffic congestion in the area, and lighting concerns that could affect nearby properties. Residents expressed worry that the drive-through would create ongoing disturbances and change the character of their neighborhood.

Both proposals highlighted tensions between development interests and community preservation concerns, with residents actively participating in the public process to voice their objections to the projects as presented.

*Note: Specific timestamps and outcome details were not available in the provided meeting data.*

Approval of Minutes

0:30

The board reviewed and discussed the minutes from their May 9, 2022 meeting. Thomas Glover served as the key speaker during this agenda item.

The board ultimately approved the minutes from the May 9, 2022 meeting without any recorded objections or amendments.

Variance Request by Keith Jones

1:30

The Board of Appeals reviewed case PLN-BOA-22-00021, a variance request submitted by Keith Jones to reduce the front yard setback requirements for a property located on Whitney Avenue.

Keith Jones presented his request to the board, seeking approval to modify the standard front yard setback regulations for his property. The specific details of the proposed setback reduction and the reasons necessitating the variance were discussed during the presentation.

The board considered the variance application in accordance with standard review criteria, which typically include demonstrating practical difficulty, ensuring the variance would not be contrary to the public interest, and confirming that the spirit of the ordinance would be observed.

Following the presentation and board discussion, the variance request was approved. The approval allows Jones to proceed with his project under the modified setback requirements rather than the standard front yard setback provisions that would normally apply to the Whitney Avenue property.

This variance approval enables the property owner to move forward with development plans that would not have been possible under the existing zoning requirements, while the board determined that granting the variance met the necessary legal standards for approval.

Variance Request by Oscar and Julie Vargas

2:30

Oscar and Julie Vargas presented their variance request (PLN-BOA-22-00025) seeking approval for yard setback variances to construct additions on their property. The applicants requested relief from standard setback requirements to accommodate their proposed construction plans.

During the discussion, both Oscar Vargas and Julie Vargas addressed the board to explain their project and the need for the variances. The couple outlined their plans for property additions that would require modifications to the existing yard setback regulations.

The board reviewed the variance application and considered the specific circumstances of the Vargas property that necessitated the setback adjustments. The discussion focused on how the proposed additions would impact the surrounding area and whether the request met the criteria for granting variances under local zoning regulations.

Following the presentation and board deliberation, the variance request was approved, allowing Oscar and Julie Vargas to proceed with their construction plans as proposed. The approval enables the applicants to build their additions with the modified setback requirements rather than adhering to the standard yard setback regulations that would otherwise apply to their property.

Variance Request by RLV Ventures

3:30

The board reviewed agenda item PLN-BOA-22-00027, a variance request submitted by RLV Ventures seeking approval for yard setback modifications to construct single-family homes.

Darren Taylor served as the key speaker presenting the variance request to the board. The application centered on obtaining relief from standard yard setback requirements that would otherwise prevent the proposed residential construction project from moving forward.

The variance request specifically addressed setback requirements necessary to accommodate the planned single-family home development. RLV Ventures demonstrated that the requested variances were needed to make the project feasible while maintaining compatibility with the surrounding area.

Following the presentation and board discussion, the variance request was approved. The approval allows RLV Ventures to proceed with construction of the single-family homes under the modified setback requirements rather than the standard zoning restrictions.

The board's decision enables the residential development project to move forward with the adjusted yard setbacks as requested in the original application.

Conditional Use Request by Little Caesars

4:30

The board reviewed conditional use request PLN-BOA-22-00015 submitted by Little Caesars to establish drive-through facilities at their Southland Drive location. Julian Gorham served as the key speaker for this agenda item.

Little Caesars sought approval to add drive-through service capabilities to their existing restaurant location on Southland Drive. The conditional use permit was necessary because drive-through facilities require special approval under local zoning regulations.

The request was presented to the board for consideration, with discussion focusing on the proposed drive-through operations and their compliance with municipal requirements. The application underwent the standard review process for conditional use permits involving commercial food service establishments.

Following the presentation and board discussion, the conditional use request was approved, allowing Little Caesars to proceed with establishing drive-through facilities at their Southland Drive location. The approval enables the restaurant to expand their service options to include drive-through ordering and pickup for customers.

The successful approval of PLN-BOA-22-00015 represents a standard conditional use case where a commercial food establishment sought to enhance their service delivery methods through the addition of drive-through capabilities at an existing location.

Amendment Request by New Life Baptist Church

5:30

The Board of Adjustment considered case PLN-BOA-22-00020, an amendment request by New Life Baptist Church to modify landscaping conditions associated with an existing conditional use permit.

Steve Wainright served as the key speaker presenting information regarding the church's request to amend their current conditional use approval. The church sought to modify specific landscaping requirements that were part of their original conditional use permit conditions.

The board reviewed the proposed amendments to the landscaping conditions during the discussion period. Details of the specific landscaping modifications requested and the rationale behind the church's amendment request were presented for consideration.

Following deliberation on the merits of the proposed amendments and their compliance with applicable zoning requirements, the Board of Adjustment ultimately denied the amendment request by New Life Baptist Church. The denial means the original landscaping conditions from the existing conditional use permit remain in effect and must be fulfilled as previously approved.

Conditional Use Permit Request by Anderson Communities, Inc

6:30

The board reviewed application PLN-BOA-22-00026, a conditional use permit request submitted by Anderson Communities, Inc for outdoor recreational facilities on Russell Cave Road.

Richard Murphy served as the key speaker for this agenda item, presenting details about the proposed development to the board members.

The application centers on Anderson Communities, Inc's proposal to establish outdoor recreational facilities at the Russell Cave Road location. However, the meeting materials do not provide specific details about the nature of the recreational facilities, the exact scope of the project, or the size of the proposed development.

During the discussion, the board examined the conditional use permit application, though the specific concerns raised by board members or community input received are not detailed in the available materials. The review process for conditional use permits typically involves consideration of factors such as compatibility with surrounding land uses, potential traffic impacts, environmental considerations, and compliance with local zoning requirements.

Following the presentation and discussion, the board determined that additional time was needed to properly evaluate the application. The conditional use permit request was postponed, meaning Anderson Communities, Inc will need to return to a future meeting for continued consideration of their proposal.

The postponement suggests that either additional information was required from the applicant, further review by staff was necessary, or board members needed more time to consider the implications of approving the outdoor recreational facilities at the Russell Cave Road site. No timeline was provided for when the item would return to the board's agenda for final consideration.