Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on January 9, 2023, at 1:33 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed six agenda items during the session, consisting of five variance requests and one conditional use permit request. The board took six votes throughout the meeting, approving five of the six requests and denying one variance application. No public comments were heard during this meeting, allowing the board to focus exclusively on the scheduled agenda items and their deliberations.

Attendance

The following board members were present at the January 9, 2023 meeting:

• Raquel Carter
• Harry Clarke
• Chad Needham
• Carolyn Plumlee
• Chad Walker (arrived late)

Two board members were absent:

• Branden Gross
• Linda Tucker

Chad Walker arrived late to the meeting but participated once present.

Votes and Decisions

The Board of Adjustment considered six applications during the January 9, 2023 meeting, approving five and denying one.

PLN-BOA-22-00054 - The Board approved a variance to increase the maximum front yard setback from 20 feet to 76 feet for retail and office use at 490 Southland Dr. Harry Clarke motioned and Chad Needham seconded. The motion passed 4-0 with votes from Raquel Carter, Harry Clarke, Chad Needham, and Carolyn Plumlee. Conditions include construction per submitted materials, documenting cross-access easement for dumpster location, and obtaining necessary permits.

PLN-BOA-22-00063 - Variances to reduce various yard setbacks for a duplex at 701 N. Upper Street were approved. Chad Needham motioned and Harry Clarke seconded. The motion passed 5-0 with all members voting in favor: Raquel Carter, Harry Clarke, Chad Needham, Carolyn Plumlee, and Chad Walker. Conditions limit parking area to 24 feet wide and require permits prior to construction.

PLN-BOA-22-00069 - A conditional use permit for a home-based beauty salon at 809 Carneal Road was approved. Harry Clarke motioned and Carolyn Plumlee seconded. The motion passed 5-0 unanimously. Conditions require appointments only on individual basis, compliance with Kentucky Board of Cosmetology, and installation of secondary access door.

PLN-BOA-22-00068 - The Board approved a variance to increase fence height from 4 feet to 6 feet at 143 E. Lowry Lane. Carolyn Plumlee motioned and Chad Walker seconded. The motion passed 4-1, with Raquel Carter voting against and Harry Clarke, Chad Needham, Carolyn Plumlee, and Chad Walker voting in favor. Conditions prohibit fencing on the yard fronting Dellwood Drive.

PLN-BOA-22-00070 - A variance for fence height increase at 400-406 Park Place was denied. Chad Needham motioned and Harry Clarke seconded, but the motion failed 0-5 with all members voting against approval.

PLN-BOA-22-00065 - Variances to reduce setbacks to zero feet for additions at 500-502 E. Seventh Street were approved. Harry Clarke motioned and Carolyn Plumlee seconded. The motion passed 5-0 unanimously, with conditions requiring landscape planting areas and necessary permits.

Appointments

The Board took action on several reappointments to the Board of Adjustment during the January 9, 2023 meeting.

The following individuals were reappointed to their respective positions on the Board of Adjustment:

• Raquel Carter was reappointed as Board of Adjustment Chair
• Chad Needham was reappointed as Board of Adjustment Vice Chair
• Harry Clarke was reappointed as Board of Adjustment Secretary

These reappointments maintain continuity in the leadership structure of the Board of Adjustment, with all three key officer positions being filled by returning members.

Contested Items

The Board of Adjustment considered two variance requests for six-foot fences that generated significant discussion and disagreement during the January 9, 2023 meeting.

143 E. Lowry Lane Fence Variance

The board approved a variance request for a six-foot fence at 143 E. Lowry Lane despite staff's recommendation for disapproval. The decision resulted in a split vote of 4-1, indicating division among board members regarding the appropriateness of the variance. The disagreement centered on whether the request met the necessary criteria for granting a variance from standard fence height regulations.

400-406 Park Place Fence Variance

A second fence variance request at 400-406 Park Place faced community opposition and was ultimately denied by the board. The board sided with staff's recommendation for disapproval, citing specific concerns about the potential negative impact on neighborhood walkability. Board members determined that the applicant had not demonstrated special circumstances that would justify granting the variance from standard fence requirements.

The contrasting outcomes of these two similar requests highlight the board's case-by-case evaluation process, where factors such as property-specific conditions, community impact, and adherence to variance criteria influence decision-making. While the Lowry Lane request succeeded despite staff opposition, the Park Place request failed due to insufficient justification for the exception and concerns about broader neighborhood effects.

Variance Request by John DeHart

The Board of Adjustment reviewed variance request PLN-BOA-22-00054 submitted by John DeHart for property located at 490 Southland Drive. The request sought to increase the maximum front yard setback from the standard 20 feet to 76 feet for a proposed retail and office use development.

John DeHart presented the variance request to the board, explaining the need for the increased setback at the Southland Drive location. The significant setback increase of 56 feet beyond the standard requirement was necessary to accommodate the specific design and operational needs of the planned retail and office development.

Staff had reviewed the application and recommended approval of the variance request, contingent upon certain conditions being met. The staff analysis determined that the variance met the necessary criteria for approval under the city's zoning ordinance.

The Board of Adjustment ultimately approved the variance request, allowing DeHart to proceed with the development plans that require the 76-foot front yard setback. The approval enables the retail and office project at 490 Southland Drive to move forward with the non-standard setback configuration.

The variance approval represents a substantial deviation from typical front yard setback requirements, reflecting the board's determination that the specific circumstances of this property and proposed use justified the exception to standard zoning regulations.

Variance Request by Terrence Hicks

The Board of Appeals reviewed variance request PLN-BOA-22-00063 submitted by Terrence Hicks for property located at 701 N. Upper Street. The request sought to reduce various yard setbacks required for the construction of a duplex on the property.

Terrence Hicks presented the variance request to the Board, explaining the need for setback reductions to accommodate the proposed duplex development. The specific setback variances requested were not detailed in the available meeting materials, but the request involved multiple yard setback requirements that would need to be reduced from standard zoning requirements.

City planning staff had reviewed the application and recommended approval of the variance request, contingent upon certain conditions being met. The staff's recommendation indicated that the proposal met the necessary criteria for granting a variance under the city's zoning ordinance.

The Board discussed the merits of the request and considered the staff recommendation along with any public input received. No significant concerns or opposition were noted in the meeting summary regarding this variance application.

Following their deliberation, the Board of Appeals voted to approve the variance request PLN-BOA-22-00063 for Terrence Hicks. The approval allows for the reduced yard setbacks necessary to proceed with the duplex construction at 701 N. Upper Street, subject to the conditions outlined in the staff recommendation.

The approval of this variance enables the applicant to move forward with the duplex development project while maintaining compliance with modified setback requirements that accommodate the specific characteristics of the property and proposed construction.

Conditional Use Permit Request by Shawna Stigall

The Board of Adjustment reviewed conditional use permit application PLN-BOA-22-00069 submitted by Shawna Stigall to operate a home-based beauty salon at 809 Carneal Road.

Staff presented their analysis of the application and recommended approval of the conditional use permit with conditions. The proposal would allow Stigall to operate a beauty salon business from her residential property.

Shawna Stigall spoke in support of her application, presenting her case for the home-based beauty salon operation.

Following discussion of the application details and staff recommendations, the Board of Adjustment voted to approve the conditional use permit request. The approval allows Stigall to proceed with operating the home-based beauty salon at the specified address, subject to the conditions outlined by staff.

The conditional use permit approval enables the establishment of the beauty salon business while ensuring compliance with local zoning regulations and any specific operational requirements deemed necessary by the planning staff.

Variance Request by Heidi Frazier

The Board of Adjustment considered variance request PLN-BOA-22-00068 submitted by Heidi Frazier to increase the allowable height of a fence in the front yard from 4 feet to 6 feet at 143 E. Lowry Lane.

Staff presented their analysis and recommended disapproval of the variance request. The standard municipal code limits front yard fences to 4 feet in height, and staff determined that the applicant had not demonstrated sufficient justification to warrant deviation from this requirement.

Heidi Frazier, the applicant, presented her case to the board explaining the need for the taller fence at her property. Jessica Winters also participated in the discussion as a key speaker during the proceedings.

Despite the staff recommendation for disapproval, the Board of Adjustment ultimately voted to approve the variance request. The approval came with specific conditions that the applicant must meet in order to proceed with the 6-foot fence installation in the front yard.

The board's decision allows Ms. Frazier to construct a fence that exceeds the standard 4-foot height limitation by 2 feet, bringing the total allowable height to 6 feet for this specific property. The conditional approval ensures that the variance meets certain requirements while addressing the applicant's stated needs for the taller fencing.

This variance represents an exception to the municipal zoning code's front yard fence height restrictions for the property located at 143 E. Lowry Lane.

Variance Request by Bill Rock

The Board of Adjustment considered variance request PLN-BOA-22-00070 submitted by Bill Rock to increase the allowable height of a fence in the front yard from the standard 4 feet to 6 feet at the property located at 400-406 Park Place.

Bill Rock presented his request to the board, seeking approval for the taller fence installation. The specific details of his justification for the variance were discussed during the meeting.

Staff had reviewed the application and recommended disapproval of the variance request. The staff's recommendation indicated that the proposed 6-foot fence height in the front yard did not meet the criteria necessary for granting a variance under the city's zoning regulations.

Following the presentation and discussion of the variance request, the Board of Adjustment voted to disapprove Bill Rock's application. The board's decision aligned with the staff recommendation, denying the request to increase the fence height from 4 feet to 6 feet in the front yard at 400-406 Park Place.

The denial means that any fence installed in the front yard of the property must comply with the standard 4-foot height limitation established in the zoning code.

Variance Request by Erfan M. Alami

The Board of Appeals considered variance request PLN-BOA-22-00065 submitted by Erfan M. Alami for property located at 500-502 E. Seventh Street. The request sought to reduce both the front yard setback and side street side yard setback to zero feet to accommodate planned additions to the existing structure.

Timothly L. Washabaugh served as the key speaker presenting information on this variance request to the Board. The staff analysis supported the variance application and recommended approval, though specific conditions were attached to the recommendation.

The variance was necessary because the proposed additions would not meet the standard setback requirements under the current zoning regulations. By reducing the setbacks to zero feet, the applicant would be able to proceed with construction plans that would otherwise violate the dimensional standards for the property.

Following discussion of the request, the Board voted to approve the variance application PLN-BOA-22-00065. The approval allows Mr. Alami to move forward with the planned additions at 500-502 E. Seventh Street under the conditions specified by staff in their recommendation.

The approved variance provides relief from the standard front yard and side street side yard setback requirements, enabling development that would not otherwise be permitted under the existing zoning code for this East Seventh Street property.