Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on September 12, 2022, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed nine agenda items during the session, consisting of six variance requests and three conditional use permit applications. The board conducted 11 votes throughout the meeting and heard from 4 members of the public during the comment period.

Of the six variance requests considered, five were approved including applications from Aaron and Meghann Bidarian, Gary & Larry Hamilton, Jean Machado, Charlie Williams Design, Inc., and Padavet, LLC. The board denied one variance request submitted by Callie & Kirk Rzasa. All three conditional use permit requests were approved, with successful applications from Chelcea Ramburger, New Pike, LLC, and IVCP Athens South, LLC. The meeting demonstrated active community engagement with multiple property owners and developers seeking approval for various zoning modifications and special use permissions within the city.

Attendance

The following members were present at the September 12, 2022 meeting:

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

Absent: • Branden Gross

No members arrived late to the meeting.

Votes and Decisions

The board took action on eleven agenda items during the meeting, with two postponements, eight approvals, and one denial 0:00.

Postponements: - PLN-BOA-22-00033: Kentucky Epsilon Phi Delta Theta House Corporation's conditional use permit request was postponed on a motion by Mr. Needham, seconded by Mr. Clarke. The vote was unanimous (6-0). - PLN-BOA-22-00045: Independence Bank's conditional use request was postponed on a motion by Mr. Needham, seconded by Ms. Tucker. The vote was unanimous (6-0).

Approved Variance Requests: - PLN-BOA-22-00038: Gary & Larry Hamilton's variance request passed unanimously (6-0) on a motion by Mr. Needham, seconded by Mr. Clarke, subject to five conditions. - PLN-BOA-22-00042: Padavet, LLC's variance request passed unanimously (6-0) on a motion by Mr. Needham, seconded by Mr. Walker, subject to three conditions. - PLN-BOA-22-00032: Aaron and Meghann Bidarian's variance request passed 4-2 on a motion by Mr. Needham, seconded by Ms. Plumlee. Voting for: Mr. Needham, Ms. Plumlee, Ms. Tucker, Mr. Clarke. Voting against: Raquel Carter, Chad Walker. Subject to three conditions. - PLN-BOA-22-00039: Jean Machado's variance request passed 4-2 on a motion by Mr. Needham, seconded by Mr. Clarke. Voting for: Mr. Needham, Mr. Clarke, Ms. Tucker, Mr. Walker. Voting against: Raquel Carter, Ms. Plumlee. Subject to three conditions. - PLN-BOA-22-00041: Charlie Williams Design, Inc.'s variance request passed unanimously (6-0) on a motion by Mr. Clarke, seconded by Mr. Walker, subject to three conditions.

Denied Variance Request: - PLN-BOA-22-00043: Callie & Kirk Rzasa's variance request failed 2-4 on a motion by Mr. Needham, seconded by Mr. Clarke. Voting for: Mr. Needham, Mr. Clarke. Voting against: Raquel Carter, Carolyn Plumlee, Linda Tucker, Chad Walker.

Approved Conditional Use Permits: - PLN-BOA-22-00037: Chelcea Ramburger's conditional use permit passed unanimously (6-0) on a motion by Mr. Needham, seconded by Mr. Walker, subject to five conditions. - PLN-BOA-22-00040: New Pike, LLC's conditional use permit passed unanimously (6-0) on a motion by Mr. Needham, seconded by Mr. Walker, subject to six conditions. - PLN-BOA-22-00044: IVCP Athens South, LLC's conditional use permit passed unanimously (6-0) on a motion by Mr. Needham, seconded by Mr. Walker, subject to 16 conditions with modifications to conditions 2, 7, and 10.

Public Comment

Four residents addressed the board during the public comment period, covering three distinct development proposals.

Home-Based Business Discussion

Two speakers offered opposing views on a proposed home-based business. Shirley Williams 0:00 expressed opposition to the home-based business application, citing concerns about maintaining the residential character of the neighborhood. She opposed allowing any business operations in the residential area.

Martin Sullivan 0:00 provided a contrasting perspective, speaking in support of the home-based dog grooming business. Sullivan stated that the business had not created traffic problems and emphasized that it provided important benefits for the applicant's family.

Soccer Fields Development

Tom Miller 0:00 addressed the board regarding proposed soccer fields, speaking as a representative of a neighboring horse farm. Miller raised concerns about the potential impact of the soccer field development on the horses at the adjacent property. He specifically requested that the board ensure adequate screening and security fencing be installed to mitigate any negative effects on the farm operations.

Extended Stay Hotel Proposal

Susan Peters 0:00 spoke in opposition to a proposed extended stay hotel project. Peters expressed concerns about how the hotel development would affect both property values in the surrounding area and the overall neighborhood environment.

The public comments reflected typical community concerns about balancing economic development with residential quality of life, including issues of neighborhood character, property values, traffic impacts, and compatibility between different land uses.

Contested Items

Several variance requests and development proposals generated significant debate during the September 12, 2022 meeting, resulting in split votes and community opposition.

Aaron and Meghann Bidarian Variance Request The Bidarians' variance request faced divided opinion among board members, ultimately passing with a narrow 4-2 vote. The split decision indicates substantial disagreement regarding the merits of their proposal, though specific details of the variance were not provided in the available materials.

Jean Machado Variance Request Similar to the Bidarian case, Jean Machado's variance request also resulted in a contentious 4-2 approval vote. The identical voting pattern suggests board members maintained consistent positions across similar variance applications, with two members consistently opposing the requests.

Callie & Kirk Rzasa Variance Request The Rzasas faced the most significant opposition, with their variance request ultimately being denied. Community concerns centered on the potential negative impact the proposed changes would have on the surrounding neighborhood. Additionally, board members cited non-compliance with existing zoning regulations as a key factor in the denial. This case demonstrated clear community opposition that aligned with regulatory concerns.

IVCP Athens South, LLC Conditional Use Permit The proposed soccer fields by IVCP Athens South, LLC generated substantial community opposition from neighboring property owners. Residents, particularly those operating horse farms in the area, raised concerns about how the athletic facility would impact their operations. Key issues included the need for adequate screening to minimize visual and noise impacts, as well as security measures to protect both the facility and surrounding properties. The community opposition highlighted the tension between recreational development and existing agricultural land uses in the area.

These contested items reflect common zoning challenges involving balancing individual property rights, community character preservation, and appropriate land use compatibility.

Aaron and Meghann Bidarian's variance request

0:00

The board reviewed case PLN-BOA-22-00032, a variance request submitted by Aaron and Meghann Bidarian to reduce the required side yard setback from 25 feet to 10 feet for a single-family residence located in an Agricultural Rural zone.

Aaron Bidarian presented the request to the board, explaining the need for the variance to accommodate their planned residential construction. The application sought to reduce the standard setback requirement by 15 feet, which would allow the structure to be positioned 10 feet from the side property line rather than the typical 25-foot requirement mandated in the Agricultural Rural zoning district.

Meghan Jennings also participated in the discussion as a key speaker during the proceedings. The specific details of the presentation and any concerns raised during the deliberation were not captured in the available meeting data.

Following the presentation and board discussion, the variance request was approved. The approval allows the Bidarians to proceed with their single-family residence construction using the reduced 10-foot side yard setback rather than adhering to the standard 25-foot requirement typically required in the Agricultural Rural zone.

This variance approval enables the property owners to move forward with their residential development plans while maintaining compliance with modified setback requirements as approved by the board.

Gary & Larry Hamilton's variance request

0:00

The Board of Adjustment considered case PLN-BOA-22-00038, a variance request submitted by Gary and Larry Hamilton. The applicants sought approval for two specific variances to existing setback requirements for their property.

The first variance requested a reduction of the eastern side yard setback from the required 8 feet to 3 feet. The second variance sought to increase the maximum front yard setback from the standard 35 feet to 124 feet.

Gary Hamilton spoke on behalf of the application, presenting the case to the board members. The specific details of his presentation and any supporting documentation were discussed during the hearing.

The board reviewed the variance requests in accordance with standard procedures for evaluating setback modifications. Such requests typically require demonstration of practical difficulties or hardships that would justify deviation from established zoning requirements.

Following the presentation and board discussion, the variance request was approved. The approval allows the Hamilton property to proceed with development plans that incorporate the reduced eastern side yard setback of 3 feet and the extended front yard setback of 124 feet.

This decision enables the applicants to move forward with their proposed project while maintaining compliance with the modified setback requirements as approved by the Board of Adjustment.

Jean Machado's variance request

0:00

The board considered agenda item PLN-BOA-22-00039, a variance request submitted by Jean Machado to reduce the required side yard setback for an accessory structure from 25 feet to 20 feet.

Jean Machado presented the request to the board, seeking approval for the reduced setback requirement for the proposed accessory structure on their property. The standard zoning ordinance requires a 25-foot side yard setback for accessory structures, but Machado requested permission to construct the structure with only a 20-foot setback from the side property line.

Following the presentation and board discussion, the variance request was approved. The approval allows Machado to proceed with construction of the accessory structure at the reduced 20-foot side yard setback rather than the standard 25-foot requirement.

Charlie Williams Design, Inc.'s variance request

0:00 The board considered agenda item PLN-BOA-22-00041, a variance request submitted by Charlie Williams Design, Inc. to reduce the required side yard setback for an accessory structure from the standard 8 feet to 1.75 feet.

Charlie Williams presented the variance request to the board. The proposal involves constructing an accessory structure that would be positioned significantly closer to the property line than typically permitted under current zoning regulations.

The board reviewed the application and discussed the merits of allowing the reduced setback. The variance would represent a substantial reduction from the standard requirement, bringing the proposed structure to within less than 2 feet of the side property line.

Following their deliberations, the board approved the variance request, allowing Charlie Williams Design, Inc. to proceed with the accessory structure at the reduced 1.75-foot side yard setback rather than the standard 8-foot requirement.

Padavet, LLC's variance request

0:00

The Board of Adjustment considered case PLN-BOA-22-00042, a variance request submitted by Padavet, LLC to reduce the required setback from a residential zone from 100 feet to 80 feet for an animal clinic.

Nelson Rodes served as a key speaker during the discussion of this agenda item. The variance request sought to allow the construction or operation of an animal clinic with a reduced buffer zone between the commercial facility and adjacent residential properties.

The standard zoning requirements mandate a 100-foot setback between commercial animal care facilities and residential zones to minimize potential impacts such as noise, odors, and traffic on neighboring residential properties. Padavet, LLC requested permission to reduce this setback requirement by 20 feet, proposing an 80-foot buffer instead.

The Board of Adjustment ultimately approved the variance request, allowing Padavet, LLC to proceed with their animal clinic project under the modified setback requirements. This approval enables the applicant to develop their veterinary facility with the reduced 80-foot setback from the residential zone boundary.

The approval of this variance demonstrates the Board's determination that the reduced setback would not create undue hardship or significantly impact the adjacent residential properties, while still maintaining reasonable separation between the commercial animal care use and residential areas.

Callie & Kirk Rzasa's variance request

0:00

The board considered application PLN-BOA-22-00043, a variance request submitted by Callie and Kirk Rzasa to reduce the required setback for a 6-foot tall fence within a side street side yard from the standard 3 feet to 1 foot.

Callie Rzasa presented the request to the board, seeking approval for the reduced setback that would allow the fence to be positioned closer to the property line than typically permitted under current zoning regulations. The variance would apply specifically to a side street side yard location on their property.

Michael Strutz also participated in the discussion regarding this variance application, though the specific details of his comments and role were not detailed in the available materials.

The board ultimately denied the variance request. The denial means the Rzasas will need to comply with the existing 3-foot setback requirement for any 6-foot tall fence installation in the side street side yard area of their property, or pursue alternative solutions that meet current zoning standards.

No additional information was provided regarding the specific reasons for the denial or whether the applicants indicated plans to modify their proposal or appeal the decision.

Chelcea Ramburger's conditional use permit request

0:00

The board considered application PLN-BOA-22-00037, a conditional use permit request submitted by Chelcea Ramburger to operate a home-based dog grooming business.

Ramburger presented her request to the board, seeking approval to conduct dog grooming services from her residential property. The application involved establishing a commercial dog grooming operation within a home-based business framework.

The board reviewed the conditional use permit application and discussed the proposed home-based dog grooming business operations. Ramburger served as the key speaker for the agenda item, presenting details about her planned business activities.

Following the presentation and board discussion, the conditional use permit request was approved, allowing Ramburger to proceed with operating her home-based dog grooming business under the terms and conditions established in the permit.

New Pike, LLC's conditional use permit request

0:00

The board considered application PLN-BOA-22-00040, a conditional use permit request from New Pike, LLC to establish an extended stay hotel in a Professional Office zone. Jake Michael served as a key speaker during the discussion of this agenda item.

The request involved establishing an extended stay hotel facility within an area currently zoned for professional office use, which required conditional use permit approval due to the different nature of the proposed hospitality use compared to the existing zoning designation.

During the discussion, the board reviewed the specifics of New Pike, LLC's proposal and evaluated whether the extended stay hotel use would be compatible with the Professional Office zoning requirements and surrounding area characteristics.

The board ultimately approved the conditional use permit request, allowing New Pike, LLC to proceed with their plans to establish the extended stay hotel in the Professional Office zone, subject to any conditions that may have been attached to the approval.

IVCP Athens South, LLC's conditional use permit request

0:00

The board considered application PLN-BOA-22-00044, a conditional use permit request submitted by IVCP Athens South, LLC for outdoor recreational facilities consisting of soccer fields with outdoor lighting.

Steve Rachal served as the key speaker presenting information regarding this application during the discussion.

The request sought approval to establish outdoor recreational facilities, specifically soccer fields equipped with outdoor lighting systems. This type of development requires a conditional use permit due to the outdoor lighting component and the recreational facility classification.

The board ultimately approved the conditional use permit request for IVCP Athens South, LLC, allowing the company to proceed with their plans for the outdoor soccer fields and associated lighting infrastructure.

*Note: Limited transcript details were available for this agenda item, preventing a more detailed summary of specific concerns raised, conditions attached to the approval, or the full scope of discussion that took place during consideration of this application.*