Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on December 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 four agenda items during the session, all of which were approved, including two variance requests and two conditional use permit matters. The meeting included six recorded motions and votes, with board members hearing four public comments from community members. All agenda items resulted in favorable outcomes, with the board approving variance requests submitted by Joe Kane and Bo Reynolds, as well as a conditional use amendment for Redwood Cooperative School and conditional use permits for Allen Carter.

Attendance

All members were present for the December 12, 2022 meeting.

Present: • Raquel Carter • Harry Clarke • Branden Gross • Chad Needham • Carolyn Plumlee • Linda Tucker • Chad Walker • Brittany Smith • Josh Dezarn • Stephen Parker • Traci Wade • Autumn Goderwis • Meghan Jennings • Daniel Crum • Donna Lewis

Absent: None

Late: None

A total of 15 members attended the meeting with full attendance recorded.

Votes and Decisions

The board conducted six votes during the December 12, 2022 meeting, all passing unanimously with all seven members present voting in favor.

Meeting Minutes Approval 0:30 Harry Clarke motioned to approve the minutes from the November 14, 2022 meeting, seconded by Linda Tucker. The motion passed unanimously 7-0 with votes from Raquel Carter, Harry Clarke, Branden Gross, Chad Needham, Carolyn Plumlee, Linda Tucker, and Chad Walker.

PLN-BOA-22-00063 - Terrence Hicks Variance 2:30 Chad Needham motioned to postpone Terrence Hicks' variance request, seconded by Carolyn Plumlee. The postponement was approved unanimously 7-0 by all board members.

PLN-BOA-22-00051 - Joe Kane Variance 5:00 Harry Clarke motioned to approve Joe Kane's variance request, seconded by Chad Needham. The variance was approved unanimously 7-0, subject to four conditions as listed. All seven board members voted in favor.

PLN-BOA-22-00064 - Bo Reynolds Variance 7:30 Chad Needham motioned to approve Bo Reynolds' variance request, seconded by Carolyn Plumlee. The variance passed unanimously 7-0, subject to two conditions as listed, with all members voting in favor.

PLN-BOA-22-00062 - Redwood Cooperative School Amendment 10:00 Harry Clarke motioned to approve Redwood Cooperative School's conditional use amendment, seconded by Carolyn Plumlee. The amendment was approved unanimously 7-0, subject to seven conditions as listed.

PLN-BOA-22-00060 - Allen Carter Conditional Use Permits 15:00 Branden Gross motioned to approve Allen Carter's conditional use permits for a micro-distillery and special events, seconded by Chad Needham. The permits were approved unanimously 7-0, subject to nine conditions with amendments to condition 5 and addition of condition 10.

Public Comment

Four residents addressed the meeting during the public comment period, all expressing concerns about proposed development projects in the city.

David Powell 20:00 spoke about concerns regarding a proposed micro-distillery and its potential impact on his property. Powell specifically raised issues about potential mold problems that could result from alcohol evaporation from the distillery operations.

Dottie Bean 22:00 addressed broader policy concerns about microbreweries and wineries in the city. Bean questioned the current number of such establishments and raised concerns about regulatory oversight and potential impacts these businesses may have on the community.

John W. Phillips 24:00 expressed opposition to the creation of a party facility in the Agricultural Rural zone. Phillips cited concerns about increased traffic and potential environmental impacts that such a facility could bring to the area.

Stacia Sharff 26:00 voiced safety and environmental concerns about a proposed project. Sharff's comments focused on traffic-related safety issues and concerns about potential growth and development impacts on the environment.

All four speakers raised concerns about various aspects of proposed developments, with common themes including traffic impacts, environmental effects, and questions about appropriate oversight and regulation of new businesses in the community.

Contested Items

The primary contested item during the December 12, 2022 meeting centered on a proposed micro-distillery and special events facility that faced significant community opposition.

Micro-distillery and Special Events Proposal

Several community members voiced concerns about the potential impacts of the proposed micro-distillery and its associated special events on the local area. The opposition focused on three main areas of concern:

• Traffic Impact: Residents expressed worries about increased vehicle traffic that would result from the distillery operations and special events, potentially affecting local roads and neighborhood safety.

• Environmental Concerns: Community members raised questions about the environmental impact the facility might have on the surrounding area.

• Rural Character Preservation: Opponents argued that the proposed development could alter the rural character of the community, which residents valued and wanted to maintain.

The nature of the opposition appeared to be grassroots community concern rather than organized institutional resistance. Multiple residents participated in expressing these concerns, indicating broader neighborhood involvement in the issue.

The extracted data does not specify the ultimate outcome of this contested item, whether the proposal was approved, denied, or tabled for further consideration. The community opposition represents a common type of land use conflict where residents seek to balance economic development opportunities with preservation of existing community character and quality of life concerns.

Variance Request by Joe Kane

5:00

The Board of Adjustment reviewed application PLN-BOA-22-00051, a variance request submitted by Joe Kane to reduce the required side yard setback for the construction of an attached carport.

Joe Kane presented his request to the board, seeking approval to build the carport structure closer to his property line than typically permitted under current zoning regulations. The variance would allow Kane to proceed with the carport construction while maintaining reduced side yard clearance.

Staff had previously reviewed the application and recommended approval of the variance request. The staff recommendation indicated that the proposed carport met the necessary criteria for granting a variance under the applicable zoning ordinance.

The board considered Kane's request along with the staff recommendation. No significant concerns or objections were raised during the discussion of this agenda item.

Following their review and consideration of the application materials and staff recommendation, the Board of Adjustment approved Joe Kane's variance request. The approval allows Kane to proceed with construction of the attached carport with the reduced side yard setback as requested in application PLN-BOA-22-00051.

Variance Request by Bo Reynolds

7:30

The Board of Appeals considered case PLN-BOA-22-00064, a variance request submitted by Bo Reynolds to reduce the required rear yard setback for the construction of a deck on his property.

Bo Reynolds presented his request to the board, seeking permission to build a deck that would not meet the standard rear yard setback requirements. The proposed construction would encroach into the required setback area, necessitating a variance from the zoning regulations.

Staff had reviewed the application and recommended approval of the variance request. The staff recommendation indicated that the proposal met the necessary criteria for granting a variance under the applicable zoning ordinance.

During the discussion, Reynolds explained the specifics of his proposed deck construction and the reasons why the standard setback could not be maintained. The board members considered the request in light of the established variance criteria, including whether the request would create undue hardship and whether it would be detrimental to the surrounding neighborhood.

Following their review and discussion of the application materials and staff recommendation, the Board of Appeals voted to approve the variance request. The approval allows Reynolds to proceed with construction of the deck with the reduced rear yard setback as requested in his application.

The decision enables the property owner to move forward with the deck construction project while maintaining compliance with the modified setback requirements as approved by the board.

Conditional Use Amendment for Redwood Cooperative School

The Board of Adjustment considered application PLN-BOA-22-00062, a request from Redwood Cooperative School to amend an existing conditional use permit to construct an additional educational building 10:00.

Sarah Cummins presented the application on behalf of the school. The proposed amendment would allow the construction of a new educational facility to expand the school's capacity and programming capabilities.

Staff had reviewed the application and recommended approval of the conditional use amendment. The recommendation indicated that the proposed additional building met the necessary requirements and standards for educational facilities in the area.

The Board of Adjustment approved the conditional use amendment for Redwood Cooperative School, allowing the institution to proceed with construction of the additional educational building as requested.

Conditional Use Permits for Allen Carter

15:00

The Board of Adjustment reviewed application PLN-BOA-22-00060 for conditional use permits requested by Allen Carter to operate a small farm micro-distillery and host special events on his property.

Allen Carter presented his proposal to the board, seeking approval for two conditional uses on his agricultural property. The first permit would allow him to establish and operate a small farm micro-distillery, which would produce spirits using agricultural products grown on-site or sourced locally. The second conditional use permit would authorize the hosting of special events at the facility, likely in conjunction with the distillery operations.

Staff had reviewed the application and recommended approval of both conditional use permits, subject to specific conditions designed to ensure compatibility with the surrounding area and compliance with applicable regulations. The staff report indicated that the proposed uses would be appropriate for the agricultural zoning district and would not create adverse impacts on neighboring properties when operated under the recommended conditions.

During the discussion, Carter addressed questions from board members about his operational plans and how he would comply with the proposed conditions. The board considered factors such as traffic impacts, noise levels, hours of operation, and the scale of both the distillery operations and special events.

After reviewing the application materials, staff recommendations, and hearing from the applicant, the Board of Adjustment voted to approve both conditional use permits for Allen Carter. The approval included the conditions recommended by staff to ensure the operations remain compatible with the agricultural character of the area and minimize any potential impacts on surrounding properties.

The approved permits will allow Carter to move forward with establishing his small farm micro-distillery and hosting special events, subject to compliance with all applicable regulations and the specific conditions attached to the conditional use permits.