Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on November 14, 2022, at 1:35 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, including variance requests, conditional use permits, an administrative appeal, and an early rehearing request. The meeting featured three public comments from community members and resulted in nine formal motions and votes by the board members.

Of the nine agenda items considered, eight were approved and one was postponed. The approved items included the meeting minutes, multiple variance requests from property owners Victor and Faida Natour and Stacy and Eric Henry, an amendment request by Dream Care Learning Center, LLC, and an administrative appeal by Shunar Concrete and Construction, LLC. The board also granted an early rehearing request by Heidi Frazier and approved conditional use requests from Independence Bank and Kim Bragg. The only item not resolved was a variance request by John Dehart, which was postponed for future consideration.

Attendance

The following members were present at the November 14, 2022 meeting:

• Raquel Carter
• Harry Clarke
• Branden Gross (arrived late)
• Chad Needham
• Carolyn Plumlee
• Linda Tucker
• Chad Walker

All members were in attendance, with Branden Gross arriving after the meeting had begun. No members were recorded as absent from the meeting.

Votes and Decisions

The board took action on nine items during the November 14, 2022 meeting, with eight items approved and one postponed.

Minutes Approval 0:30 Harry Clarke motioned to approve minutes from the September 12, 2022 and October 10, 2022 meetings, seconded by Carolyn Plumlee. The motion passed unanimously by voice vote (7-0).

PLN-BOA-22-00052 11:00 Chad Needham motioned to approve Victor and Faida Natour's variance request to reduce setback from a floodplain, seconded by Harry Clarke. The motion passed unanimously (7-0) with conditions requiring construction to follow submitted materials and obtaining necessary permits from Building Inspection.

PLN-BOA-22-00055 20:00 Chad Needham motioned to approve Stacy and Eric Henry's variance request to reduce rear yard setback for deck addition, seconded by Carolyn Plumlee. The motion passed unanimously (7-0) with conditions for compliance with submitted materials and obtaining Building Inspection permits.

PLN-BOA-22-00053 30:00 Harry Clarke motioned to approve Dream Care Learning Center, LLC's amendment request to expand their childcare center, seconded by Linda Tucker. The motion passed unanimously (7-0) with conditions requiring compliance with Kentucky Cabinet for Health and Family Services regulations.

PLN-BOA-22-00057 40:00 Chad Needham motioned to approve Shunar Concrete and Construction, LLC's administrative appeal to change non-conforming use, seconded by Chad Walker. The motion passed unanimously (7-0) with extensive conditions including a 99-child limit and outdoor play area requirements.

PLN-BOA-22-00029 50:00 Harry Clarke motioned to approve Heidi Frazier's early rehearing request for fence height variance, seconded by Carolyn Plumlee. This was the only contested vote, passing 4-2 by roll call. Voting in favor: Harry Clarke, Carolyn Plumlee, Linda Tucker, and Chad Walker. Voting against: Raquel Carter and Chad Needham.

PLN-BOA-22-00045 1:20:00 Branden Gross motioned to approve Independence Bank's conditional use request for drive-through facilities, seconded by Harry Clarke. The motion passed unanimously (7-0) with conditions requiring compliance with Town Branch Commons Master Plan and various departmental approvals.

PLN-BOA-22-00047 2:00:00 Chad Needham motioned to approve Kim Bragg's conditional use request for drive-through facilities, seconded by Harry Clarke. The motion passed unanimously (7-0) with conditions for Traffic Engineering compliance and Environmental Services approval.

PLN-BOA-22-00054 2:30:00 Branden Gross motioned to postpone John Dehart's variance request for front yard setback, seconded by Harry Clarke. The postponement was approved unanimously (7-0).

Public Comment

Three residents spoke during the public comment period, all expressing concerns about a proposed drive-through facility in the downtown area.

Blake Hall 1:10:00 addressed the appropriateness of drive-through facilities in the downtown area. Hall raised concerns about safety and traffic issues that could result from such development in the downtown core.

Paula Singer 2:10:00 focused on traffic congestion and safety concerns for pedestrians and bicyclists. Singer expressed worry that the proposed drive-through would create additional hazards for non-motorized users of the area and contribute to traffic problems.

Peter Brown 2:15:00 voiced opposition to the proposed project, citing two main concerns: increased traffic congestion and the potential negative impact on property values in the surrounding area.

All three speakers shared common themes of traffic and safety concerns related to the proposed drive-through facility, with no speakers voicing support for the project during this comment period.

Contested Items

The November 14, 2022 meeting featured several contentious items that generated significant discussion and opposition.

Early Rehearing Request by Heidi Frazier

The board faced a split decision regarding an early rehearing request for a variance application submitted by Heidi Frazier. The request divided board members, ultimately resulting in a narrow 4-2 vote in favor of granting the early rehearing. The specific details of the original variance request and the reasons for seeking an early rehearing were not detailed in the available materials.

Independence Bank Conditional Use Request

Independence Bank's conditional use application encountered substantial community opposition during the meeting. Local residents and community members voiced concerns about the proposed drive-through facilities in the downtown area. The primary objections centered on potential safety hazards and increased traffic congestion that could result from the drive-through operations. Community members argued that such facilities were inappropriate for the downtown location, citing the potential negative impact on pedestrian safety and overall traffic flow in the area.

Kim Bragg Conditional Use Request

A conditional use request submitted by Kim Bragg also faced significant community pushback. Similar to the Independence Bank proposal, this application involved a drive-through facility that raised concerns among local residents. Community members expressed worries about the potential for increased traffic congestion in the area and the safety risks posed to both pedestrians and bicyclists. The opposition focused on how the proposed drive-through operations could create hazardous conditions for non-vehicular traffic and contribute to overall traffic problems in the vicinity.

Both conditional use requests highlighted ongoing community concerns about balancing commercial development with pedestrian and bicycle safety, particularly regarding drive-through facilities and their impact on local traffic patterns and safety conditions.

Approval of Minutes

0:30

The board considered the approval of minutes from two previous meetings during this agenda item. The minutes under review were from the September 12, 2022 meeting and the October 10, 2022 meeting.

Raquel Carter presented the minutes for the board's consideration. The board reviewed the documentation from both meetings before taking action.

The minutes from both the September 12, 2022 and October 10, 2022 meetings were approved by the board without recorded discussion or concerns raised during the meeting.

Outcome: Approved

Variance Request by Victor and Faida Natour

11:00

The board reviewed variance request PLN-BOA-22-00052 submitted by Victor and Faida Natour. The request sought to reduce the required setback distance from a floodplain to allow construction of an addition to their property.

George Day served as the key speaker presenting information about the variance request to the board members. The discussion centered on the specific setback requirements and the proposed reduction needed to accommodate the planned addition.

The board evaluated the variance request against applicable zoning regulations and floodplain management requirements. The request involved modifying standard setback distances that are typically required to maintain appropriate separation between structures and floodplain areas.

After considering the details of the proposal and any relevant factors affecting the property, the board voted to approve the variance request. This approval allows the Natours to proceed with their addition project under the modified setback requirements rather than the standard floodplain setback distances.

The approved variance enables the property owners to move forward with their construction plans while maintaining compliance with modified zoning requirements specific to their situation.

Variance Request by Stacy and Eric Henry

20:00

The board reviewed variance request PLN-BOA-22-00055 submitted by Stacy and Eric Henry to reduce the required rear yard setback for an addition to an existing deck on their property.

Stacy Henry presented the request to the board, explaining the need for the variance to accommodate their planned deck addition. The variance would allow construction closer to the rear property line than typically permitted under current zoning regulations.

The board discussed the specifics of the setback reduction and evaluated whether the request met the criteria for granting a variance. Board members considered factors such as the impact on neighboring properties, compliance with other zoning requirements, and whether the variance would create any precedent concerns.

Following their review and discussion of the application materials, the board voted to approve the variance request. The approval allows the Henrys to proceed with their deck addition project under the modified setback requirements.

The resolution of PLN-BOA-22-00055 enables the property owners to move forward with their home improvement plans while maintaining appropriate oversight through the variance process.

Amendment Request by Dream Care Learning Center, LLC

30:00

The board reviewed case PLN-BOA-22-00053, an amendment request by Dream Care Learning Center, LLC to modify an existing conditional use permit for expanding their childcare center operations.

Mike Scott served as the key speaker presenting information on this agenda item to the board members. The request involved amending the current conditional use authorization to allow for expansion of the existing childcare facility.

The board considered the proposed modifications to the childcare center's operations and physical capacity. The amendment would enable Dream Care Learning Center, LLC to expand their services beyond the current permitted scope under their existing conditional use permit.

Following discussion of the amendment request, the board voted to approve the application. The approval allows Dream Care Learning Center, LLC to proceed with their planned expansion of the childcare facility under the modified conditional use terms.

The resolution of case PLN-BOA-22-00053 enables the childcare center to move forward with their expansion plans while maintaining compliance with local zoning and conditional use requirements.

Administrative Appeal by Shunar Concrete and Construction, LLC

40:00

The board reviewed case PLN-BOA-22-00057, an administrative appeal submitted by Shunar Concrete and Construction, LLC. The appeal sought to change one non-conforming use to another non-conforming use on the property.

Chris Clendenen served as the key speaker presenting information about this administrative appeal to the board members. The case involved a request to modify the existing non-conforming use designation for the property owned by Shunar Concrete and Construction, LLC.

The board deliberated on the merits of allowing the transition from the current non-conforming use to the proposed alternative non-conforming use. This type of appeal typically requires careful consideration of zoning regulations, the impact on surrounding properties, and whether the proposed use would be more or less detrimental than the existing non-conforming use.

Following their review and discussion of the case details, the board voted to approve the administrative appeal. The approval allows Shunar Concrete and Construction, LLC to proceed with changing their property's non-conforming use classification as requested in their application.

The resolution of this case represents the board's determination that the proposed change in non-conforming use meets the necessary criteria and standards for approval under the applicable zoning regulations.

Early Rehearing Request by Heidi Frazier

50:00

The board considered agenda item PLN-BOA-22-00029, an early rehearing request submitted by Heidi Frazier regarding a variance to increase the allowable height of a fence.

Jessica Winters served as the key speaker presenting information on this matter to the board. The request involved seeking a variance that would permit a fence height exceeding standard municipal regulations.

The board reviewed the early rehearing request, which allows applicants to request reconsideration of previous board decisions under specific circumstances. This procedural mechanism enables parties to present new information or address issues that may not have been fully considered during the initial review process.

Following their deliberation on the merits of Frazier's early rehearing request, the board voted to approve the motion. This approval means the board agreed to grant the early rehearing, allowing the fence height variance matter to be reconsidered through the standard review process.

The approval of the early rehearing request does not constitute approval of the underlying variance itself, but rather provides Frazier with the opportunity to have her fence height variance application reviewed again by the board under the early rehearing procedures.

Conditional Use Request by Independence Bank

1:20:00

The board reviewed agenda item PLN-BOA-22-00045, a conditional use request submitted by Independence Bank to establish drive-through facilities for a proposed bank location.

Nick Nicholson served as the key speaker presenting information about the conditional use request. The proposal involved establishing drive-through banking services as part of Independence Bank's planned facility.

The board considered the application for the drive-through facilities, which required conditional use approval under local zoning regulations. Drive-through services typically require special consideration due to their potential impact on traffic flow, site design, and compatibility with surrounding land uses.

Following discussion of the proposal, the board approved the conditional use request, allowing Independence Bank to proceed with their plans to include drive-through facilities at their proposed location. The approval enables the bank to move forward with the drive-through component of their development plans.

The resolution of PLN-BOA-22-00045 represents the board's determination that the proposed drive-through facilities meet the necessary criteria for conditional use approval in the designated area.

Conditional Use Request by Kim Bragg

2:00:00

The board reviewed application PLN-BOA-22-00047, a conditional use request submitted by Kim Bragg to establish drive-through facilities accessory to a gas station.

Kim Bragg presented the request to the board, seeking approval for the drive-through component of the proposed gas station development. The application required conditional use approval as drive-through facilities are not permitted by right in the applicable zoning district but may be allowed through the conditional use process.

The board considered the proposal for drive-through facilities that would operate in conjunction with the gas station, allowing customers to make purchases without leaving their vehicles. This type of accessory use requires special review to ensure compatibility with surrounding land uses and compliance with applicable development standards.

Following their review and discussion of the application, the board voted to approve the conditional use request. The approval allows Kim Bragg to proceed with establishing the drive-through facilities as an accessory use to the gas station, subject to any conditions that may have been imposed as part of the approval.

The approved conditional use will enable the gas station to offer enhanced customer convenience through drive-through service while maintaining compliance with local zoning regulations and development standards.

Variance Request by John Dehart

2:30:00

The board reviewed case PLN-BOA-22-00054, a variance request submitted by John Dehart seeking to increase the maximum front yard setback for a retail use.

Chris Clendenen served as the key speaker presenting information about this variance request during the board's consideration.

The specific details of the variance request involved modifying setback requirements that would affect the positioning of the proposed retail development on the property. However, the board did not reach a final decision on the application during this meeting.

After discussion, the board voted to postpone action on the variance request. The postponement allows for additional time to review the application materials, gather more information, or address any outstanding issues that may have been identified during the initial presentation and board discussion.

The case will be rescheduled for consideration at a future board meeting, giving the applicant and staff additional time to prepare or modify the request as needed before the board makes a final determination on whether to approve or deny the variance.