Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on February 13, 2023, 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 11 agenda items during the session, consisting primarily of variance requests, one administrative appeal, and one conditional use permit application. All 11 items brought before the board were approved, with the board taking 11 votes throughout the meeting. The session included 2 public comments from community members regarding the various applications under consideration.

The meeting covered a diverse range of development and zoning matters, with variance requests submitted by multiple applicants including Gibson Taylor Thompson Architecture & Design, Steve Miller, Ann Thomas, Keith Jones, Thomas & Christina Parrish, AU Associates, Scott Book, and Sassafras OZ, LLC. Additionally, the board heard an administrative appeal from Firsthand Care KY, Inc. and considered a conditional use permit application for 28 Lounge. The unanimous approval of all items demonstrates the board's assessment that each application met the necessary criteria for approval under the city's zoning regulations and variance standards.

Attendance

The following members were present at the February 13, 2023 meeting:

• Raquel Carter
• Harry Clarke
• Branden Gross
• Chad Needham
• Linda Tucker
• Chad Walker

Absent: • Carolyn Plumlee

No members arrived late to the meeting.

Votes and Decisions

The board conducted roll call votes on eleven applications during the February 13, 2023 meeting, approving all items with varying vote margins.

Variance Applications Approved Unanimously (6-0):

• PLN-BOA-22-00072 2:00: Motion by Chad Needham, seconded by Chad Walker, to approve Gibson Taylor Thompson Architecture & Design's variance for reduced side street side yard setback. All six members voted in favor.

• PLN-BOA-23-00001 4:00: Motion by Harry Clarke, seconded by Chad Needham, to approve Steve Miller's variances for reduced front and side street side yard setbacks and increased parking spaces.

• PLN-BOA-23-00002 6:00: Motion by Chad Needham, seconded by Harry Clarke, to approve Ann Thomas's variances for reduced front and rear yard setbacks and increased building height.

• PLN-BOA-23-00003 8:00: Motion by Harry Clarke, seconded by Chad Needham, to approve Gibson Taylor Thompson Architecture & Design's variance for reduced rear yard setback.

• PLN-BOA-23-00007 12:00: Motion by Chad Walker, seconded by Chad Needham, to approve Thomas & Christina Parrish's variance to increase floor area ratio.

• PLN-BOA-23-00010 20:00: Motion by Harry Clarke, seconded by Chad Needham, to approve Sassafras OZ, LLC's variance for reduced side yard setback.

• PLN-BOA-23-00011 22:00: Motion by Branden Gross, seconded by Chad Needham, to approve 28 Lounge's conditional use permit for cocktail lounge and variance to reduce setback.

Applications Approved with Five Votes:

• PLN-BOA-23-00004 10:00: Motion by Branden Gross, seconded by Chad Walker, approved 5-0 for Keith Jones's setback variances. Raquel Carter was absent for this vote.

• PLN-BOA-23-00012 16:00: Motion by Chad Needham, seconded by Harry Clarke, approved 5-0 for Scott Book's rear yard setback variance. Chad Walker was absent for this vote.

One Application with Dissent:

• PLN-BOA-23-00008 14:00: Motion by Harry Clarke, seconded by Chad Needham, approved 5-1 for AU Associates' front and side yard setback variances. Linda Tucker cast the sole opposing vote.

Administrative Appeal:

• PLN-BOA-23-00009 18:00: Motion by Chad Walker, seconded by Branden Gross, unanimously approved (6-0) Firsthand Care KY, Inc.'s administrative appeal for non-conforming use change.

All approved applications included specific conditions requiring compliance with submitted materials and obtaining necessary permits from the Division of Building Inspection.

Public Comment

Two speakers addressed the council during the public comment period, both focusing on the 28 Lounge conditional use permit application.

Hannah LeGris spoke in support of the staff's recommended conditions for the 28 Lounge permit 24:00. LeGris specifically endorsed the proposed prohibition of live outdoor entertainment and outdoor speakers at the establishment. She emphasized the importance of implementing these restrictions to manage quality-of-life issues for residents living in the vicinity of the proposed outdoor bar area.

Darren, a local resident living near the 28 Lounge location, raised concerns about potential noise impacts from the proposed expansion 26:00. He reported that the existing hookah bar operations already generate noise levels that affect the neighborhood. Darren expressed worry that adding an outdoor bar component would further increase noise disturbances, potentially impacting both his quality of life and property values in the area.

Both comments centered on balancing the business interests of 28 Lounge with the residential character and livability of the surrounding neighborhood, with particular focus on noise management and outdoor entertainment restrictions.

Contested Items

The primary contested item at this meeting was the conditional use permit application for 28 Lounge, which faced significant community opposition from local residents.

28 Lounge Conditional Use Permit

The controversy centered around a proposal to add an outdoor bar component to an existing hookah lounge operation. Community members voiced strong objections during the public comment period, citing ongoing concerns about noise levels from the current hookah bar establishment.

Residents who spoke against the permit expressed fears that the addition of an outdoor bar would exacerbate existing noise issues and create new disturbances in their neighborhood. The opposition focused on two main concerns: the immediate impact on their quality of life from increased noise levels, and the potential negative effect on local property values if the outdoor bar operation proceeded as proposed.

The nature of the opposition was rooted in the community's experience with the existing hookah bar, with residents indicating that current noise levels were already problematic. They argued that expanding the operation to include outdoor service would intensify these issues and create additional disruptions to the residential area.

The disagreement represented a classic conflict between commercial development interests and residential community concerns, with neighbors seeking to preserve the quiet character of their area while the business sought to expand its operations and services.

*Note: The outcome of this contested item and specific details about the council's decision are not available in the provided meeting data.*

Variance for Gibson Taylor Thompson Architecture & Design

2:00

The Board of Appeals considered case PLN-BOA-22-00072, a variance request submitted by Gibson Taylor Thompson Architecture & Design. The application sought to reduce the required side street side yard setback for a deep building from thirty-one feet to six feet and three inches.

The variance would allow the construction of a two-story addition and porch to an existing single-family residence. Vincent Thompson served as the key speaker presenting the case to the board.

The request involved a significant reduction in the required setback, representing a decrease of approximately 24 feet and 9 inches from the standard requirement. This type of variance is typically needed when existing lot configurations or building constraints make it difficult to meet standard zoning requirements while still allowing for reasonable property improvements.

The Board of Appeals approved the variance request, allowing the project to proceed with the reduced side street side yard setback. This approval enables Gibson Taylor Thompson Architecture & Design to move forward with their plans for the two-story addition and porch construction on the existing single-family residence.

The approval suggests the board found the request met the necessary criteria for granting a variance, which typically includes demonstrating practical difficulty or hardship in meeting the standard requirements while ensuring the proposed development remains compatible with the surrounding neighborhood character.

Variances for Steve Miller

4:00

The Board of Appeals considered application PLN-BOA-23-00001, a variance request submitted by Steve Miller for the construction of a single-family residence. The application sought three specific variances from existing zoning requirements:

• Reduction of the required front yard setback
• Reduction of the required side street side yard setback
• Increase in the maximum allowable number of parking spaces

Steve Miller presented his request to the board, outlining the need for these variances to accommodate his proposed single-family home construction project. The variances would allow for modifications to the standard setback requirements that typically govern how far structures must be positioned from property lines and streets.

The parking variance component would permit Miller to exceed the normal maximum limit on parking spaces for the residential property. This suggests the proposed development may require additional parking capacity beyond what is typically allowed for single-family homes in the area.

Following Miller's presentation and board discussion of the variance requests, the Board of Appeals approved all three requested variances. The approval allows Miller to proceed with construction of the single-family residence under the modified setback and parking requirements rather than the standard zoning restrictions.

The approved variances will enable the development to move forward with reduced front yard and side street setbacks while accommodating the additional parking spaces deemed necessary for the project.

Variances for Ann Thomas

6:00

The Board of Appeals considered case PLN-BOA-23-00002, a variance request submitted by Ann Thomas to accommodate the construction of a single-family home. The application sought three specific variances: reducing the required front yard setback, reducing the required rear yard setback, and increasing the maximum allowable building height.

Frederick Blackford served as the key speaker presenting the case to the board. The variances were requested to enable the construction of a single-family residence on the property while working within the constraints of the lot dimensions and proposed building design.

The board reviewed the variance request against the standard criteria for approval, which typically include demonstrating practical difficulty, ensuring the variances would not adversely affect neighboring properties, and confirming the request aligns with the character of the surrounding area.

Following the presentation and board discussion, the variance request was approved. The approval allows Ann Thomas to proceed with construction of the single-family home with the reduced front and rear yard setbacks and increased building height as requested in the application.

The approved variances will enable the development to move forward while addressing the specific site constraints that necessitated the deviations from standard zoning requirements.

Variance for Gibson Taylor Thompson Architecture & Design

8:00

The Board of Appeals considered case PLN-BOA-23-00003, a variance request from Gibson Taylor Thompson Architecture & Design to reduce the required rear yard setback for additions to an existing single-family residence.

Vincent Thompson presented the request on behalf of the applicant. The variance would allow construction of additions to the existing home with a reduced rear yard setback from the standard requirement.

The board approved the variance request, allowing the project to proceed with the modified setback requirements for the residential additions.

*Note: Limited details are available from the source materials for this agenda item. The summary reflects the information provided in the meeting data.*

Variances for Keith Jones

10:00

The Board of Appeals considered agenda item PLN-BOA-23-00004, a variance request submitted by Keith Jones. The application sought approval for three specific setback reductions to accommodate construction of a duplex on the property.

The requested variances included: • Reduction of the front yard setback requirement • Reduction of the side street side yard setback requirement • Reduction of the side yard setback requirement

Keith Jones presented the request to the board, explaining the need for the setback variances to make the duplex construction feasible on the lot. The specific measurements for each setback reduction were not detailed in the available materials.

The board reviewed the application under the standard variance criteria, which typically include demonstrating practical difficulty, ensuring the request maintains the character of the neighborhood, and confirming the variances are the minimum necessary to address the hardship.

Following discussion and consideration of the proposal, the Board of Appeals approved all three variance requests for PLN-BOA-23-00004. The approval allows Keith Jones to proceed with duplex construction using the reduced setback requirements rather than the standard zoning setbacks that would otherwise apply to the property.

The approval enables the development to move forward with the modified dimensional requirements, providing the applicant with the necessary relief from the existing zoning regulations to construct the proposed duplex.

Variance for Thomas & Christina Parrish

12:00

The Board of Appeals considered case PLN-BOA-23-00007, a variance request submitted by Thomas & Christina Parrish to increase the allowable floor area ratio for the construction of a two-story accessory structure on their property.

Vincent Thompson served as the key speaker presenting information about this variance request. The applicants sought approval to exceed the standard floor area ratio limitations that would normally apply to accessory structures in their zoning district.

The proposed two-story accessory structure would require a variance from the existing zoning regulations that restrict the size and scale of such buildings relative to the primary residence and lot size. The floor area ratio variance would allow the Parrishes to construct a larger accessory building than would typically be permitted under current zoning standards.

Following the presentation and any discussion of the proposal, the Board of Appeals voted to approve the variance request. The approval allows Thomas & Christina Parrish to proceed with their plans for the two-story accessory structure at the increased floor area ratio as requested in their application.

The approved variance enables the construction to move forward while providing the property owners with the additional space they sought in their accessory building design.

Variances for AU Associates

14:00

The Board of Appeals considered agenda item PLN-BOA-23-00008, a variance request from AU Associates to reduce both front yard and side yard setbacks for the construction of a multi-family dwelling.

Clay Johnson served as the key speaker presenting the variance request. The applicant sought relief from standard setback requirements to accommodate the proposed multi-family development on the property.

The request specifically involved reducing the required front yard setback and side yard setback distances from what is typically mandated under current zoning regulations. These variances were necessary to allow AU Associates to proceed with their planned multi-family dwelling construction within the existing lot constraints.

Following discussion of the proposal, the Board of Appeals approved the variance request, granting AU Associates the setback reductions needed for their multi-family housing project.

Variance for Scott Book

16:00

The Board of Appeals considered case PLN-BOA-23-00012, a variance request submitted by Scott Book to reduce both the rear yard setback and the setback requirements for an accessory structure on his property.

Book requested the variances to allow construction of an accessory structure that would not meet the standard setback requirements under current zoning regulations. The proposal specifically sought to reduce the rear yard setback and the accessory structure setback beyond what is typically permitted.

Scott Book served as the key speaker for this agenda item, presenting his case to the board. The specific details of his presentation, including the exact setback measurements requested and the justification for the variances, were discussed during the meeting proceedings.

The board reviewed the variance application and considered the merits of Book's request for the reduced setbacks. After deliberation, the Board of Appeals approved the variance request, allowing Book to proceed with construction of the accessory structure under the modified setback requirements.

The approval of PLN-BOA-23-00012 enables Book to move forward with his planned accessory structure project while maintaining compliance with the newly approved setback parameters established through this variance process.

Administrative appeal for Firsthand Care KY, Inc.

18:00

The board considered case PLN-BOA-23-00009, an administrative appeal for Firsthand Care KY, Inc. The request sought to change one non-conforming use (offices) to another non-conforming use (adult day care center).

Dick Murphy served as the key speaker for this agenda item, presenting the case to the board.

The application involved converting an existing office space to operate as an adult day care center facility. Since both the current office use and the proposed adult day care center use are considered non-conforming for the property's zoning classification, the request required board approval to make this transition between non-conforming uses.

The board ultimately approved the administrative appeal, allowing Firsthand Care KY, Inc. to proceed with converting the office space to an adult day care center operation.

Variance for Sassafras OZ, LLC

20:00

The board considered agenda item PLN-BOA-23-00010, a variance request from Sassafras OZ, LLC to reduce the side yard setback requirements within the defined Infill and Redevelopment Area.

Rolando served as the key speaker presenting the variance request. The application sought to modify the standard side yard setback regulations to accommodate development plans within the designated infill area.

The request was specifically focused on reducing setback requirements that would otherwise apply under standard zoning regulations. The variance was being sought within an area already designated for infill and redevelopment, which typically allows for more flexible development standards to encourage appropriate density and development patterns.

The board ultimately approved the variance request, allowing Sassafras OZ, LLC to proceed with their development plans under the modified setback requirements.

*Note: Limited transcript data was available for this agenda item. Additional details about specific setback measurements, public comments, board discussion, or conditions of approval were not captured in the available materials.*

Conditional use permit for 28 Lounge

22:00

The board considered agenda item PLN-BOA-23-00011, a request for a conditional use permit for 28 Lounge, a proposed cocktail lounge requiring a variance to reduce the required setback from a residential zone.

Gordon Couch served as a key speaker during the discussion of this agenda item. The application involved both a conditional use permit for the cocktail lounge operation and a variance request to allow the business to operate with reduced setbacks from adjacent residential zoning.

The board ultimately approved the conditional use permit for 28 Lounge, allowing the cocktail lounge to move forward with the requested variance for reduced residential setbacks.

*Note: Additional details about the specific discussion, concerns raised, or conditions of approval were not available in the provided meeting materials.*