Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on October 10, 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 five agenda items during the session, including variance requests and conditional use permits for various applicants throughout the city. The meeting featured active public participation, with five public comments heard from community members regarding the proposed applications. The board conducted seven motions and votes throughout the proceedings, ultimately approving four of the five applications presented. One conditional use permit application from Independence Bank was tabled for future consideration, while variance requests for Travis Ison and Isaac Blanford were both approved, along with conditional use permits for Kentucky Epsilon Phi Delta Theta House Corporation and Lauren Gilbert.

Attendance

The following individuals were present at the meeting on October 10, 2022:

Present: • Raquel Carter • Harry Clarke • Branden Gross • Carolyn Plumlee • Linda Tucker • Chad Walker • Tracy Jones • Brittany Smith • Stephen Parker • Traci Wade • Autumn Goderwis • Meghan Jennings • Donna Lewis

All expected attendees were present for the meeting. No absences or late arrivals were recorded.

Votes and Decisions

The board took action on seven items during the October 10, 2022 meeting, with all decisions made unanimously by the seven-member board.

Postponements

The board postponed three items at the meeting. PLN-BOA-22-00047, Kim Bragg's conditional use request for drive-through facilities, was postponed on a motion by Branden Gross, seconded by Harry Clarke 10:00. PLN-BOA-22-00050, Redwood Cooperative School's request to amend conditional use, was also postponed on a motion by Branden Gross, seconded by Chad Walker 15:00. Finally, PLN-BOA-22-00045, Independence Bank's request for drive-through facilities, was continued on a motion by Harry Clarke, seconded by Branden Gross 3:30:00.

Variance Approvals

Two variance requests for front yard setback reductions were approved unanimously. PLN-BOA-22-00048, Travis Ison's variance request, passed on a motion by Harry Clarke, seconded by Carolyn Plumlee, with the condition that construction proceed in accordance with submitted application materials and site plan 30:00. PLN-BOA-22-00049, Isaac Blanford's similar variance request, was approved on a motion by Carolyn Plumlee, seconded by Harry Clarke, with identical conditions 35:00.

Conditional Use Permits

The board approved two conditional use permits. PLN-BOA-22-00033, Kentucky Epsilon Phi Delta Theta House Corporation's request, passed on a motion by Harry Clarke, seconded by Chad Walker, with conditions limiting occupancy to 18 beds and restricting social activities to after 5:00 p.m. or weekends 1:20:00. PLN-BOA-22-00046, Lauren Gilbert's home-based medical consulting business, was approved on a motion by Chad Needham, seconded by Linda Tucker, with the condition that operations follow submitted application materials and site plan 2:00:00.

All votes were 7-0, with board members Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Linda Tucker, and Chad Walker voting in favor of each motion.

Public Comment

Five residents addressed the board during the public comment period, raising concerns about three main issues: fraternity house impacts, home-based business traffic, and downtown drive-through safety.

Fraternity House Concerns

Blake Standafer spoke first, expressing concerns about trash, noise, and potential crime associated with fraternity houses 1:00:00. Amy Clark followed with additional concerns about parking, access, and the overall impact on the neighborhood from the proposed fraternity house 1:05:00.

Home-Based Business Traffic

Zachary O'Connor opposed a proposed home-based business, citing concerns about potential increased traffic on Walton Avenue 2:10:00.

Drive-Through Safety and Appropriateness

Two speakers addressed concerns about a proposed drive-through facility in the downtown area. Clay Collier expressed concerns about pedestrian safety and questioned whether a drive-through was appropriate for the downtown location 3:00:00. Amy Clark also spoke against the drive-through proposal, citing conflicts with both pedestrian and vehicular traffic and expressing concerns about the impact on the Town Branch Commons 3:10:00.

The public comments focused primarily on neighborhood compatibility issues, with residents emphasizing concerns about traffic safety, parking impacts, and maintaining the character of their respective areas.

Contested Items

Two agenda items faced significant community opposition during the October 10, 2022 meeting, leading to extended discussion and debate.

Independence Bank Drive-Through Facilities

The proposed drive-through facilities for Independence Bank generated considerable controversy among community members. Residents raised specific concerns about pedestrian safety in the downtown area, questioning whether drive-through operations would create hazardous conditions for foot traffic. Additionally, opponents argued that drive-through facilities were inappropriate for the downtown setting, potentially conflicting with the area's character and urban design goals.

The level of community opposition was substantial enough that the board decided not to proceed with a final decision during the meeting. Instead, the item was continued to allow for further discussion and consideration of the safety and appropriateness concerns raised by residents.

Kentucky Epsilon Phi Delta Theta Fraternity House

The fraternity house proposal for Kentucky Epsilon Phi Delta Theta also drew significant community opposition. Residents voiced multiple concerns about the potential impacts of establishing a fraternity house in their neighborhood. The primary issues raised included:

• Noise concerns related to fraternity activities and gatherings
• Trash and waste management problems that might affect the surrounding area
• Parking issues that could impact neighborhood streets and availability for residents

Community members who spoke against the proposal expressed worry that these issues would negatively affect their quality of life and neighborhood conditions. The opposition appeared to stem from experiences or expectations about typical fraternity house operations and their effects on residential areas.

Both contested items highlighted tensions between development proposals and community concerns about neighborhood impacts, safety, and character preservation. The strong community turnout and vocal opposition on these matters demonstrated significant resident engagement in local planning decisions.

Variance for Travis Ison

30:00

The Board of Adjustment reviewed case PLN-BOA-22-00048, a variance request for Travis Ison to reduce the required front yard setback from 300 feet to 150 feet for a single-family home.

Samuel Ison spoke on behalf of the application, presenting the case for the variance request. The proposal would allow construction of a single-family residence with a front yard setback of 150 feet rather than the standard 300-foot requirement.

Following the presentation and board discussion, the variance request was approved, allowing the reduced setback for the proposed residential construction.

Variance for Isaac Blanford

35:00

The Board of Appeals considered case PLN-BOA-22-00049, a variance request submitted by Isaac Blanford to reduce the required front yard setback from 300 feet to 230 feet for a single-family home.

Isaac Blanford presented his request to the board, seeking approval to build his residence with a reduced setback of 70 feet from the standard requirement. The variance would allow the home to be positioned 230 feet from the front property line rather than the mandated 300 feet.

The board reviewed the application and supporting materials for the single-family home project. The discussion centered on whether the reduced setback would meet the criteria for granting a variance while maintaining compatibility with the surrounding area and zoning requirements.

After consideration of the request and any public input, the Board of Appeals approved the variance for Isaac Blanford. The approval allows construction of the single-family home to proceed with the reduced front yard setback of 230 feet, representing a 70-foot reduction from the standard 300-foot requirement established in the zoning code.

Conditional Use for Kentucky Epsilon Phi Delta Theta House Corporation

1:20:00

The board reviewed application PLN-BOA-22-00033, a request by the Kentucky Epsilon Phi Delta Theta House Corporation for a conditional use permit to operate an 18-bed fraternity house in a High Density Apartment zone.

Richard Murphy served as the key speaker presenting the application to the board. The proposal involves establishing a fraternity house facility that would accommodate 18 residents within the designated zoning district.

The conditional use permit was necessary because fraternity houses require special approval when located in High Density Apartment zones, even though such residential uses may be compatible with the area's character and density requirements.

The board ultimately approved the conditional use permit for the Kentucky Epsilon Phi Delta Theta House Corporation, allowing the fraternity to proceed with their plans for the 18-bed facility.

*Note: Detailed discussion points, specific concerns raised by board members, and conditions attached to the approval were not available in the provided source materials.*

Conditional Use for Lauren Gilbert

2:00:00

The Board of Adjustment considered application PLN-BOA-22-00046, a request by Lauren Gilbert for a conditional use permit to operate a home-based concierge medical consulting business.

• Applicant: Lauren Gilbert
• Application Number: PLN-BOA-22-00046
• Request: Conditional use permit for home-based concierge medical consulting business

Lauren Gilbert presented her application to the board, seeking approval to operate a medical consulting business from her residence. The proposed concierge medical consulting service would be conducted as a home-based business under the conditional use provisions.

The board reviewed the application materials and heard Gilbert's presentation regarding the nature of her proposed business operations. The discussion focused on how the home-based medical consulting service would comply with zoning requirements and conditional use standards.

Outcome: The Board of Adjustment approved the conditional use permit for Lauren Gilbert's home-based concierge medical consulting business.

The approval allows Gilbert to proceed with operating her medical consulting service from her residence under the terms and conditions established by the conditional use permit.

Conditional Use for Independence Bank

The Board of Adjustment considered agenda item PLN-BOA-22-00045, a request for a conditional use permit to establish drive-through facilities for a proposed Independence Bank location 3:30:00.

Sean Spalding served as the key speaker presenting the conditional use application. The request specifically sought approval for drive-through banking facilities as part of the proposed bank development.

Following discussion of the application, the Board ultimately decided to table the conditional use request rather than approve or deny it at this meeting. The tabling action indicates that additional information, review, or consideration may be needed before the Board can make a final determination on the Independence Bank drive-through facilities proposal.

No additional details about specific concerns raised, conditions discussed, or reasons for tabling the item were available from the meeting materials reviewed.