Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on August 8, 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 six agenda items during the session, including the approval of previous meeting minutes and consideration of multiple variance and conditional use appeals. Four motions and votes were taken throughout the meeting, with three variance appeals and one conditional use appeal being approved, while one variance appeal was postponed for future consideration. No public comments were heard during this session. The meeting concluded with a presentation of a resolution honoring retiring Board Member and Chair Thomas Glover for his service to the board.

Attendance

The following members were present at the meeting on August 8, 2022:

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

No members were reported as absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The board considered four items during the August 8, 2022 meeting, with three applications approved and one postponed.

PLN-BOA-22-00031 - The board unanimously approved a variance to reduce the rear yard setback from twenty (20) feet to eight (8) feet for a single-family residence at 1712 Kenning Place. Harry Clarke made the motion, seconded by Carolyn Plumlee. The vote was 7-0 in favor, with all members voting yes: Raquel Carter, Harry Clarke, Branden Gross, Chad Needham, Carolyn Plumlee, Linda Tucker, and Chad Walker. The approval includes conditions requiring construction in accordance with submitted materials and obtaining necessary permits from the Division of Building Inspection.

PLN-BOA-22-00032 - A variance request to reduce the side yard setback from twenty-five (25) feet to ten (10) feet for a single-family residence at 1440 Deer Haven Ln. was unanimously postponed. Branden Gross made the motion to postpone, seconded by Chad Needham. All seven board members voted to postpone: Carter, Clarke, Gross, Needham, Plumlee, Tucker, and Walker.

PLN-BOA-22-00036 - The board unanimously approved a variance to reduce the side yard setback from three (3) feet to zero (0) feet for a structure at 407 E. Fifth St. Chad Needham made the motion, seconded by Harry Clarke. The 7-0 approval included all members voting in favor. Conditions require construction in accordance with submitted materials and obtaining necessary permits from Building Inspection.

PLN-BOA-22-00035 - A conditional use permit to operate a home-based beauty salon at 240 Race St. was unanimously approved. Carolyn Plumlee made the motion, seconded by Branden Gross. All seven members voted in favor. The approval includes extensive conditions requiring appointments-only operation, compliance with Kentucky Board of Cosmetology requirements, obtaining zoning and occupancy permits, and termination if the applicant no longer resides at the address.

Appointments

The board addressed one personnel matter during the meeting regarding the Board of Adjustment.

• Thomas Glover resigned from the Board of Adjustment

The resignation of Thomas Glover creates a vacancy on the Board of Adjustment that will need to be filled in future proceedings.

Contested Items

The meeting featured one significant contested item that generated heated discussion among participants.

Variance Request for Aaron and Meghann Bidarian

A variance request submitted by Aaron and Meghann Bidarian became the subject of intense debate during the meeting. The primary source of contention centered on conditions recommended by staff that the applicants found unacceptable for their project.

The disagreement escalated into a heated discussion about whether the Bidarians should redesign their project to meet the staff's recommended conditions. The applicants expressed strong opposition to the proposed conditions, indicating they were not willing to accept the staff recommendations as presented.

The discussion focused on the feasibility of requiring the applicants to modify their plans, with participants debating whether a redesign was a reasonable expectation given the circumstances of the variance request. The nature of the specific conditions that sparked the disagreement was not detailed in the available information, but the intensity of the discussion suggests significant differences between what the applicants proposed and what staff deemed appropriate.

The outcome of this contested item was not specified in the available meeting data, leaving the resolution of the Bidarian variance request unclear from this summary.

Approval of Minutes

The board reviewed and approved minutes from two previous meetings during this agenda item. Minutes from the June 13, 2022 and June 28, 2022 meetings were presented for consideration and received approval from the board members.

Key speakers during this discussion included Raquel Carter, Branden Gross, and Chad Walker, who participated in the review and approval process of the meeting minutes.

The board noted that minutes from the July 11, 2022 meeting were not available for consideration at this time, indicating they would need to be reviewed at a future meeting once prepared.

The outcome was the successful approval of the two sets of minutes that were available for review, allowing those meeting records to be formally adopted into the official record.

Variance Appeal for Distinctive Design Remodeling

The Board of Appeals reviewed case PLN-BOA-22-00031, a variance request for Distinctive Design Remodeling to reduce the rear yard setback requirement at 1712 Kenning Place. The applicant sought to reduce the mandatory twenty (20) foot rear yard setback to eight (8) feet for a single-family residence project.

Key speakers during the discussion included Brandee Smith and Charles Penn, who presented details about the variance request and the specific circumstances of the property that warranted the setback reduction.

Staff had conducted a thorough review of the application and recommended approval of the variance request, contingent upon certain conditions being met. The conditions were designed to ensure the project would comply with other applicable zoning requirements and maintain compatibility with the surrounding neighborhood character.

The Board of Appeals ultimately approved the variance request, allowing Distinctive Design Remodeling to proceed with the reduced eight (8) foot rear yard setback instead of the standard twenty (20) foot requirement. This approval enables the single-family residence project at 1712 Kenning Place to move forward with the modified setback parameters while adhering to the staff-recommended conditions.

The approval of this variance demonstrates the Board's consideration of site-specific circumstances that may justify deviations from standard zoning requirements when appropriate conditions can be implemented to protect the public interest and neighborhood compatibility.

Variance Appeal for Aaron and Meghann Bidarian

The Board of Appeals reviewed case PLN-BOA-22-00032, a variance request from Aaron and Meghann Bidarian for their property at 1440 Deer Haven Lane. The applicants sought to reduce the required side yard setback from twenty-five (25) feet to ten (10) feet to accommodate construction of a single-family residence.

Staff had previously recommended approval of the variance request but included specific conditions as part of their recommendation. However, the Bidarians indicated they were not in agreement with the proposed conditions attached to the approval.

Both Aaron Bidarian and Meghann Bidarian participated as key speakers during the discussion of their variance appeal. The disagreement over the staff-recommended conditions appears to have been a central issue preventing resolution of the matter.

The Board ultimately decided to postpone action on the variance appeal rather than proceed with a decision during this meeting. This postponement allows additional time for the applicants and staff to potentially resolve their differences regarding the conditions of approval, or for the Board to gather additional information before making a final determination on the setback reduction request.

The variance, if approved, would allow the Bidarians to build their single-family home with a reduced side yard setback of ten feet instead of the standard twenty-five-foot requirement, providing them with additional buildable area on their lot while maintaining what staff determined would be adequate separation from neighboring properties.

Variance Appeal for Burr Oak Capital

The board considered variance request PLN-BOA-22-00036 for Burr Oak Capital regarding a property at 407 E. Fifth St. The applicant sought to reduce the required side yard setback from three feet to zero feet for a structure on the property.

Key speakers during the discussion included Chris Clendenen and Jeff Moore, who presented details about the variance request and the circumstances necessitating the setback reduction.

Staff had reviewed the application and recommended approval of the variance, though their recommendation included specific conditions that would need to be met. The nature of these conditions was not detailed in the available meeting materials.

The variance request involved eliminating the side yard setback entirely, which represents a significant deviation from standard zoning requirements. Such requests typically require demonstration of hardship or unique circumstances that make compliance with standard setback requirements impractical or unreasonable.

Following discussion of the merits of the application and consideration of staff recommendations, the board voted to approve the variance request. The approval allows Burr Oak Capital to proceed with their planned construction or modification at 407 E. Fifth St. with the reduced setback as requested.

The approval of this variance enables the applicant to utilize their property more fully while presumably meeting the conditions established by staff to ensure the development remains compatible with surrounding properties and zoning objectives.

*Note: Specific transcript timestamps are not available for this agenda item.*

Conditional Use Appeal for Carmah Lewis

The Board of Appeals reviewed case PLN-BOA-22-00035, a conditional use permit application submitted by Carmah Lewis to operate a home-based beauty salon at 240 Race Street.

Staff presented their analysis of the application and recommended approval of the conditional use permit with specific conditions attached. The proposal would allow Lewis to conduct beauty salon services from her residential property.

Carmah Lewis spoke in support of her application during the public hearing portion of the meeting, presenting her case for why the conditional use permit should be granted for the home-based business operation.

The board deliberated on the merits of the application, considering factors such as compatibility with the surrounding residential neighborhood, potential impacts on traffic and parking, and compliance with zoning regulations for home-based businesses.

Following discussion and consideration of the staff recommendation and public input, the Board of Appeals voted to approve the conditional use permit for Carmah Lewis. The approval allows her to operate the home-based beauty salon at 240 Race Street subject to the conditions outlined in the staff report.

The approved permit enables Lewis to move forward with establishing her beauty salon business while ensuring compliance with local zoning requirements and addressing any potential neighborhood compatibility concerns through the imposed conditions.

*Note: Specific transcript timestamps are not available for this agenda item.*

Presentation of Resolution to Retiring Board Member/Chair Thomas Glover

The board presented a resolution honoring Thomas Glover for his twelve years of dedicated service on the Board of Adjustment. Raquel Carter led the presentation, recognizing Glover's significant contributions to the board during his tenure as both a member and chair.

The resolution acknowledged Glover's long-standing commitment to the Board of Adjustment and his leadership role in guiding the board's decisions over more than a decade. Thomas Glover responded to the recognition, though specific details of his remarks were not captured in the available meeting data.

This was an informational presentation to formally recognize Glover's service as he concluded his time on the board. The presentation served as an official acknowledgment of his contributions to the board's work and decision-making processes during his twelve-year tenure.

The agenda item was ceremonial in nature, providing the board with an opportunity to formally thank Glover for his years of public service before his departure from the Board of Adjustment.