Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on March 13, 2023, at 1:32 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed six agenda items during the session, all of which resulted in approvals, including multiple variance requests from developers and conditional use permits for local organizations. The meeting featured active public participation with three public comments heard throughout the proceedings. Board members conducted eight formal votes during the session, demonstrating thorough deliberation on each matter brought before them. All agenda items were successfully resolved, with approvals granted for variance requests from Mulberry Builders, J. Perry Homes, and Amy McSharry, as well as conditional use permits for the Lexington Community Land Trust and The Paddock.

Attendance

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

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

No members were reported as absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The board took action on eight items during the March 13, 2023 meeting, with all decisions made unanimously by the seven-member panel.

Postponements

The board postponed two cases at the beginning of the meeting 0:00. Case PLN-BOA-23-00005, Jackson's Wine & Spirits, LLC's conditional use request, was postponed on a motion by Branden Gross, seconded by Carolyn Plumlee. The vote was unanimous (7-0) with all members voting in favor: Raquel Carter, Harry Clarke, Branden Gross, Chad Needham, Carolyn Plumlee, Linda Tucker, and Chad Walker.

Case PLN-BOA-23-00006, Whitetail Heaven Outfitters' administrative appeal, was also postponed unanimously (7-0) on a motion by Branden Gross, seconded by Carolyn Plumlee. The same seven members voted in favor, with the condition that the appellant is prohibited from conducting recreational outfitters activities.

Variance Approvals

Four variance requests were approved unanimously. Cases PLN-BOA-23-00020 and PLN-BOA-23-00021 for Mulberry Builders at 421 and 423 E. Second Street were both approved on motions by Harry Clarke, seconded by Linda Tucker. Both passed 7-0 with conditions requiring construction in accordance with submitted application materials and site plans.

Case PLN-BOA-23-00024 for J. Perry Homes, Inc. at 198 Prall Street was approved on a motion by Chad Needham, seconded by Harry Clarke, passing 7-0 with similar construction compliance conditions.

Case PLN-BOA-23-00025 for Amy McSharry at 228 Race Street was approved on a motion by Chad Needham, seconded by Branden Gross, also passing 7-0 with conditions requiring construction per submitted materials and updated site plan.

Conditional Use Permits

Two conditional use permits were approved. Case PLN-BOA-23-00022 for Lexington Community Land Trust, Inc. passed unanimously on a motion by Harry Clarke, seconded by Carolyn Plumlee, with conditions for operation per submitted plans.

Case PLN-BOA-23-00013 for The Paddock was approved on a motion by Chad Needham, seconded by Branden Gross, passing 7-0 with conditions limiting outdoor live entertainment to DJs and acoustic performances through permanent sound systems.

Public Comment

Three residents spoke during the public comment period, all addressing the proposed outdoor live entertainment at The Paddock 0:00.

Hannah Le Grise expressed support for staff's recommendation to disapprove outdoor live entertainment at The Paddock. She cited quality of life concerns for area residents as the basis for her position.

Bennett Campbell also opposed the outdoor live entertainment proposal at The Paddock. Campbell argued that amplified music would negatively impact neighborhood enjoyment and intrude on residents' quality of life.

Darren Gullo provided a contrasting perspective, speaking in support of outdoor live entertainment at The Paddock. Gullo contended that the area is already characterized by loud and vibrant activity, suggesting that the proposed entertainment would be consistent with the existing neighborhood character.

The public comments reflected a division in community opinion regarding the outdoor entertainment proposal, with two speakers opposing the measure due to noise and quality of life concerns, while one speaker supported it based on the area's current atmosphere.

Contested Items

The primary contested item during the March 13, 2023 meeting centered on outdoor live entertainment at The Paddock, which generated significant community opposition and debate.

Outdoor Live Entertainment at The Paddock

The proposal for outdoor live entertainment at The Paddock venue sparked a heated discussion between community members with opposing viewpoints. Residents who opposed the entertainment expressed serious concerns about potential noise impacts and the effect on their quality of life. These community members worried that outdoor performances would create excessive noise levels that could disrupt the peaceful enjoyment of their homes and neighborhood.

However, the proposal also had supporters who argued that live entertainment would contribute to the area's vibrancy and cultural atmosphere. These supporters viewed the outdoor entertainment as a positive addition that would enhance the community's social and economic vitality.

The disagreement highlighted the common tension between commercial development and residential quality of life concerns. While some residents prioritized maintaining quiet, residential character in their neighborhood, others saw value in supporting local businesses and entertainment venues that could bring energy and economic activity to the area.

The nature of the opposition was characterized as community-based, indicating that the concerns came from local residents rather than regulatory or technical issues. This type of community opposition often reflects deeper questions about neighborhood character, appropriate land use, and balancing the interests of different stakeholder groups within the same area.

The outcome of this contested item was not specified in the available meeting data, leaving the resolution of this community disagreement unclear from the provided information.

Mulberry Builders Variance Request

0:00

The Board of Appeals reviewed application PLN-BOA-23-00020, a variance request submitted by Mulberry Builders for property located at 421 E. Second Street. The applicant sought approval to reduce both front and side yard setback requirements to accommodate construction of a duplex on the site.

Chris Mulberry presented the variance request on behalf of Mulberry Builders. The proposed development required setback reductions from the standard zoning requirements to make the duplex project feasible on the existing lot dimensions.

The variance request was approved by the Board of Appeals, allowing Mulberry Builders to proceed with the duplex construction at 421 E. Second Street with the reduced setback requirements.

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

Mulberry Builders Variance Request

0:00

The board considered application PLN-BOA-23-00021, a variance request from Mulberry Builders to reduce required setbacks for a single-family residence at 423 E. Second Street. Chris Mulberry presented the request on behalf of the company.

The variance application sought reductions to the standard front, side, and rear yard setback requirements to accommodate construction of the proposed single-family home on the property. The specific setback reductions requested were not detailed in the available materials, but the variances were necessary to make the residential development feasible on the lot.

Chris Mulberry served as the key speaker for the application, presenting the case for why the setback variances were needed for the project at 423 E. Second Street. The presentation covered the justification for reducing the typical yard requirements that would normally apply to residential construction in the area.

Following the presentation and any board discussion, the variance request was approved. The approval allows Mulberry Builders to proceed with construction of the single-family residence using the reduced setback requirements rather than the standard yard dimensions typically required for residential development.

The approved variances will enable the construction to move forward on the Second Street property with the modified setback parameters that were requested in the application.

J. Perry Homes Variance Request

0:00

The Board of Appeals considered application PLN-BOA-23-00024, a variance request submitted by J. Perry Homes for property located at 198 Prall Street. The applicant sought variances to reduce both the side street setback and side yard setback requirements to allow construction of a single-family residence on the lot.

Rory Kahly served as the key speaker presenting information regarding this variance request. The specific details of the proposed setback reductions and the justification for the variances were discussed during the presentation.

The variance request was necessary because the existing lot configuration and dimensions would not accommodate a single-family residence under the current zoning setback requirements. By reducing the required setbacks, J. Perry Homes would be able to proceed with their planned residential construction project.

Following the presentation and any discussion among board members, the Board of Appeals voted to approve the variance request. This approval allows J. Perry Homes to move forward with construction of the single-family residence at 198 Prall Street using the reduced setback requirements as specified in their application.

The approval of PLN-BOA-23-00024 enables the development to proceed in compliance with the modified setback standards rather than the standard zoning requirements that would have otherwise applied to the property.

Amy McSharry Variance Request

0:00

The Board of Adjustment reviewed application PLN-BOA-23-00025, a variance request submitted by Amy McSharry for property located at 228 Race Street. McSharry sought variances to reduce both the front yard setback and side street yard setback requirements to allow construction of a single-family residence on the lot.

Amy McSharry presented her request to the board, explaining the need for the setback reductions to accommodate the proposed residential construction. Chris Thompson also participated in the discussion regarding the variance application.

The variance request involved reducing the standard setback requirements that typically apply to residential construction in the area. Front yard setbacks and side street yard setbacks are zoning requirements that establish minimum distances structures must maintain from property lines and streets to ensure adequate spacing between buildings and public rights-of-way.

The board evaluated the variance request against the standard criteria for such applications, which typically include considerations of practical difficulties, unique property characteristics, and whether the variance would be consistent with the character of the surrounding neighborhood.

Following their review and discussion of the application, the Board of Adjustment approved Amy McSharry's variance request. This approval allows her to proceed with construction of the single-family residence at 228 Race Street with the reduced front and side street yard setbacks as requested in the application.

The approval of PLN-BOA-23-00025 enables the development to move forward under the modified setback requirements rather than the standard zoning provisions that would otherwise apply to the property.

Lexington Community Land Trust Conditional Use Permit

0:00

The board considered application PLN-BOA-23-00022, a request from the Lexington Community Land Trust for a conditional use permit to establish a community center at 615 De Roode Street.

Ed Holmes served as a key speaker during the discussion of this agenda item. The application sought approval to operate a community center facility at the specified location.

The conditional use permit application was approved by the board.

*Note: Limited transcript information was available for this agenda item. Additional details about the specific discussion, concerns raised, or conditions attached to the approval were not captured in the available meeting materials.*

The Paddock Conditional Use Permit

0:00

The Board of Adjustment reviewed application PLN-BOA-23-00013 for The Paddock's conditional use permit request. The applicant sought approval for a cocktail lounge featuring both indoor and outdoor live entertainment, along with a variance to reduce the required setback from an adjacent residential zone.

Key speakers during the discussion included John Woodall and Steve Osbourne, who presented details about the proposed establishment and addressed the board's questions regarding the project's compliance with zoning requirements.

The primary focus of the application centered on two main components: the conditional use permit for operating a cocktail lounge with live entertainment capabilities, and the variance request to allow reduced setbacks from residential zoning. The outdoor entertainment component required particular consideration given its potential impact on neighboring residential properties.

The board ultimately approved the conditional use permit application, allowing The Paddock to move forward with their plans for the cocktail lounge and entertainment venue. The approval included both the primary conditional use permit for the establishment and the requested variance for reduced residential setbacks.

This approval enables The Paddock to operate as a cocktail lounge with the flexibility to host live entertainment both inside the establishment and in outdoor areas, while maintaining reduced setback requirements from the adjacent residential zone.