Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on July 11, 2022, at 1:33 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed three agenda items during the session, including the approval of minutes, a variance request, and a presentation honoring retiring board members. The meeting involved four motions and votes, though no public comments were received during the proceedings. Key outcomes included the deferral of minute approvals, the withdrawal of a variance request by Harper Woods, and an informational presentation of resolutions recognizing retiring board members for their service.

Attendance

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

• Raquel Carter
• Harry Clarke
• Branden Gross
• Carolyn Plumlee
• Linda Tucker
• Chad Walker

Absent: • Chad Needham

No members arrived late to the meeting.

Votes and Decisions

The Board of Adjustment considered four applications during the meeting, with three passing and one failing.

PLN-BOA-22-00024 - Variance for floor area ratio increase at 625 Sayre Avenue from 0.35 to 0.55 passed unanimously (6-0) 0:00. Branden Gross made the motion, seconded by Harry Clarke. All six members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Linda Tucker, and Chad Walker. The approval includes conditions requiring construction to follow submitted materials, obtaining necessary permits from Building Inspection and Historic Preservation, and prohibiting kitchen facilities or rental of accessory living quarters.

PLN-BOA-22-00028 - Amendment to conditional use for Thoroughbred Club dining facility expansion passed 5-1 0:00. Branden Gross motioned with Chad Walker seconding. Voting in favor were Raquel Carter, Harry Clarke, Branden Gross, Linda Tucker, and Chad Walker. Carolyn Plumlee cast the sole opposing vote. Conditions require compliance with submitted materials and obtaining permits from Planning, Building Inspection, and Engineering divisions.

PLN-BOA-22-00030 - Conditional use permit for seminary at Central Baptist Church passed unanimously (6-0) 0:00. Harry Clarke made the motion, seconded by Branden Gross. All members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Linda Tucker, and Chad Walker. The approval limits operation to Monday through Friday, 7:00 a.m. to 9:00 p.m., and requires zoning compliance permits and certificate of occupancy.

PLN-BOA-22-00029 - Variance for six-foot front yard fence at 143 E. Lowry Lane failed despite receiving four favorable votes 0:00. Harry Clarke motioned with Chad Walker seconding. Voting in favor were Raquel Carter, Harry Clarke, Linda Tucker, and Chad Walker. Carolyn Plumlee voted against, with one abstention recorded. The application did not meet the required threshold for approval.

Appointments

The meeting addressed two resignations from the Board of Adjustment:

• Thomas Glover resigned from the Board of Adjustment
• Joan Whitman resigned from the Board of Adjustment

Both resignations were processed during the meeting, leaving two vacant positions on the Board of Adjustment that will need to be filled.

Contested Items

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

Variance Request for Six-Foot Fence at 143 E. Lowry Lane

The primary point of contention during the meeting centered on a variance request to allow installation of a six-foot fence at 143 E. Lowry Lane. The request generated significant debate among board members due to concerns about establishing a precedent for allowing taller fences in front yard areas.

The disagreement focused on the potential broader implications of approving the variance. Board members expressed worry that granting this request could impact neighborhood aesthetics and walkability standards throughout the community. The concern was that allowing one six-foot front yard fence might lead to similar requests from other property owners, potentially altering the character and visual appeal of residential areas.

The debate highlighted tensions between individual property rights and community-wide planning standards. Some members appeared to support the homeowner's request, while others emphasized the importance of maintaining consistent zoning regulations and neighborhood appearance standards.

The item ultimately resulted in a split vote, indicating that the board was divided on how to balance the specific needs of the property owner at 143 E. Lowry Lane against broader community planning considerations. The split vote demonstrates the challenging nature of variance decisions, where boards must weigh individual circumstances against established zoning principles and potential precedent-setting effects.

*Note: Specific vote counts, individual board member positions, and the final outcome of the variance request are not available in the provided meeting data.*

Approval of Minutes

0:00

The approval of minutes from the previous meeting was addressed at the beginning of the session. Raquel Carter noted that the minutes from the June 13, 2022 meeting were not available for consideration by the board.

Due to the unavailability of the June 13, 2022 meeting minutes, no action could be taken on this agenda item. The approval of these minutes was deferred until they could be properly prepared and distributed to board members for review.

No discussion or debate occurred regarding this item, as there were no materials to consider. The matter will need to be revisited at a future meeting once the minutes from the June 13, 2022 session are ready for board review and approval.

Variance Request by Harper Woods

The Board of Appeals considered agenda item PLN-BOA-22-00022, a variance request submitted by Harper Woods. 0:00

The application sought a variance to reduce the required building setback from a floodplain area. Daniel Crum served as the key speaker for this agenda item.

However, before substantive discussion could take place, the applicant withdrew the variance request. No detailed presentation of the proposed project or debate regarding the merits of the setback reduction occurred due to the withdrawal.

The outcome of this agenda item was that the Harper Woods variance request was officially withdrawn from consideration by the Board of Appeals.

Presentation of Resolutions to Retiring Board Members

0:00 The Board of Adjustment honored two retiring members with formal resolutions recognizing their dedicated service. Thomas Glover and Joan Whitman were presented with resolutions acknowledging their contributions to the board.

Raquel Carter participated in the presentation ceremony for the retiring board members. Joan Whitman, one of the honorees, was also present to receive her resolution.

The resolutions formally recognized both Thomas Glover and Joan Whitman for their service to the Board of Adjustment, though the specific details of their tenure and accomplishments were not detailed in the available materials.

This was an informational presentation with no action required from the board. The ceremony served as a formal acknowledgment of the retiring members' dedication and service to the community through their work on the Board of Adjustment.