Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on April 10, 2023, 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 seven agenda items consisting of variance appeals, conditional use appeals, and one administrative appeal, resulting in seven motions and votes throughout the proceedings. Five members of the public provided comments during the meeting on various matters before the board.

Of the seven cases heard, five appeals were approved, including variance requests from Tina Thomas, Jay Ingle, and Gibson Taylor Thompson Architecture & Design, as well as conditional use appeals from Juan Melendez and Zion Church Builders. The board postponed consideration of the conditional use appeal by Jackson's Wine & Spirits, LLC, while denying the administrative appeal brought by Whitetail Heaven Outfitters. The meeting demonstrated the board's active role in reviewing zoning and land use matters, with the majority of applicants receiving favorable decisions on their requests for relief from standard zoning requirements.

Attendance

The following members were present at the meeting on April 10, 2023:

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

Late Arrival: • Vince Thompson

No members were recorded as absent from the meeting. All eight members of the body were accounted for, with seven present at the start of the meeting and one arriving late.

Votes and Decisions

The board considered seven items during the meeting, with five approvals, one postponement, and one denial.

PLN-BOA-23-00023 2:00: Harry Clarke motioned to approve Tina Thomas's variance request to increase the allowable size of an accessory structure, seconded by Chad Needham. The motion passed unanimously 7-0, with all members voting in favor: Raquel Carter, Harry Clarke, Branden Gross, Chad Needham, Carolyn Plumlee, Linda Tucker, and Chad Walker. The approval included the condition that construction shall be in accordance with submitted application materials and an updated site plan depicting accessory structures totaling no more than 1,053 square feet.

PLN-BOA-23-00027 6:00: Chad Needham motioned to approve Jay Ingle's variance request to reduce the required rear yard setback and increase the allowable floor area ratio, seconded by Linda Tucker. The motion passed unanimously 7-0 with the same voting members. The addition must be constructed in accordance with submitted application materials and site plan.

PLN-BOA-23-00029 10:00: Harry Clarke motioned to approve Gibson Taylor Thompson Architecture & Design's variance request to reduce side yard setbacks, seconded by Chad Needham. The motion passed unanimously 7-0, requiring construction in accordance with submitted application materials and site plan.

PLN-BOA-23-00026 14:00: Harry Clarke motioned to approve Juan Melendez's conditional use permit for a home-based auto detailing business, seconded by Chad Walker. The motion passed unanimously 7-0, with the condition that operations be confined to the attached garage and enclosed at all times.

PLN-BOA-23-00028 18:00: Chad Needham motioned to approve Zion Church Builders' request to amend an existing conditional use permit and variance, seconded by Carolyn Plumlee. The motion passed unanimously 7-0.

PLN-BOA-23-00005 22:00: Branden Gross motioned to postpone Jackson's Wine & Spirits, LLC's conditional use request for accessory drive-through facilities, seconded by Harry Clarke. The postponement passed unanimously 7-0, continuing the item for one month.

PLN-BOA-23-00006 30:00: Carolyn Plumlee motioned regarding Whitetail Heaven Outfitters' administrative appeal, seconded by Linda Tucker. The motion failed unanimously 0-7, with all members voting against.

Public Comment

Five community members spoke during the public comment period, all addressing concerns about hunting outfitters operating in the area.

Karen Monday 40:00 opened the public comment session by expressing concerns about safety and the impact of commercial hunting operations on the community.

Craig 42:00 followed with specific safety concerns, highlighting risks to employees and horses due to nearby hunting activities in the area.

Lisette Crane 44:00 discussed ongoing issues with property lines and raised additional safety concerns related to the hunting activities affecting local residents.

Matt Walker 46:00 shared a personal experience of being confronted by outfitters while driving on a public road, illustrating the tensions between hunting operations and community members using public access routes.

Carolyn Sing 48:00 concluded the public comment period by expressing concern for neighbor safety and voicing opposition to the hunting operations.

All five speakers focused exclusively on hunting outfitter operations, with common themes including: • Safety concerns for residents, employees, and animals • Property line disputes and access issues • Confrontational encounters between outfitters and community members • General opposition to commercial hunting activities in the area

The concentrated focus on hunting outfitters from all public commenters suggests this is a significant ongoing issue affecting multiple community members in the jurisdiction.

Contested Items

The primary contested item during this meeting involved Whitetail Heaven Outfitters and alleged zoning violations related to their commercial hunting operations.

Whitetail Heaven Outfitters Zoning Violations

Community members voiced strong opposition to the commercial hunting operations conducted by Whitetail Heaven Outfitters. The disagreement centered on two main concerns: public safety issues and alleged noncompliance with existing zoning regulations.

Residents expressed safety concerns about the commercial hunting activities taking place in their area, though specific details about the nature of these safety issues were not provided in the available meeting materials. Additionally, community members alleged that the outfitter's operations violated local zoning regulations, suggesting the business may not be operating in compliance with permitted land use requirements.

The opposition appeared to be driven by community members rather than individual complainants, indicating broader neighborhood concerns about the commercial hunting operations and their impact on the local area.

The meeting materials do not specify the outcome of this contested item or what actions, if any, were taken by the governing body in response to the community opposition and zoning violation allegations.

*Note: Specific transcript timestamps are not available for this contested item discussion.*

Variance Appeal by Tina Thomas

2:00

The board considered agenda item III.C.1, a variance appeal submitted by Tina Thomas. Thomas requested permission to increase the allowable size of an accessory structure beyond the standard municipal regulations.

Under current zoning requirements, accessory structures are limited to 50% of a specified size threshold. Thomas sought a variance to expand this allowance to 69% to accommodate her proposed structure.

During the discussion, Thomas presented her case for the larger accessory structure variance. The board reviewed the request and the specific circumstances of the property in question.

After deliberation, the board reached a compromise decision. Rather than approving the full 69% variance requested by Thomas, the board approved a reduced variance that would allow the accessory structure to reach 59% of the size threshold. This represented a middle ground between the standard 50% limit and Thomas's original 69% request.

The variance appeal was ultimately approved with the modified terms, allowing Thomas to proceed with her accessory structure project under the 59% size allowance rather than the standard 50% limitation.

Variance Appeal by Jay Ingle

6:00

The board considered agenda item III.C.2, a variance appeal submitted by Jay Ingle. Ingle appeared before the board requesting two specific variances for his property: a reduction in the required rear yard setback and an increase in the allowable floor area ratio beyond current zoning restrictions.

Jay Ingle presented his case to the board, though the specific details of his presentation and the reasoning behind his variance requests are not detailed in the available materials. The variances would allow Ingle to proceed with development plans that would otherwise not comply with existing zoning requirements.

Following Ingle's presentation and the board's consideration of the request, the board voted to approve both variance requests. The approval allows Ingle to move forward with his project under the modified setback and floor area ratio requirements rather than the standard zoning restrictions that would normally apply to the property.

The board's decision represents a successful outcome for Ingle's appeal, granting him the flexibility needed to proceed with his development plans as proposed.

Variance Appeal by Gibson Taylor Thompson Architecture & Design

10:00

The board considered a variance request from Gibson Taylor Thompson Architecture & Design to reduce the required side yard setbacks for a new single-family dwelling project. The firm sought relief from standard setback requirements to accommodate their proposed residential design.

Vince Thompson represented the architecture firm during the presentation, outlining the specific variance needed and the justification for the reduced setbacks. The request centered on modifying the standard side yard requirements that would otherwise constrain the proposed dwelling's footprint and design.

Following the presentation and board discussion of the variance application, the board voted to approve the request. The approval allows Gibson Taylor Thompson Architecture & Design to proceed with their single-family dwelling project using the reduced side yard setbacks as requested.

The variance approval enables the firm to move forward with construction plans that would not have been possible under the standard setback requirements, while still maintaining appropriate spacing and compliance with other applicable zoning regulations.

Conditional Use Appeal by Juan Melendez

14:00

The board considered agenda item III.D.1, a conditional use appeal submitted by Juan Melendez requesting permission to operate a home-based auto detailing business.

Juan Melendez presented his request to the board, seeking approval for the conditional use permit that would allow him to conduct auto detailing services from his residential property. The specific details of his presentation and the location of the proposed business were discussed during this portion of the meeting.

Following the presentation and board discussion, the conditional use appeal was approved. However, the approval came with specific conditions that Melendez must comply with in order to operate the home-based auto detailing business legally within the jurisdiction.

The board's decision represents a favorable outcome for Melendez's business proposal, allowing him to move forward with his auto detailing operations while ensuring compliance with local zoning regulations and any stipulated operational requirements.

*Note: Additional details about the specific conditions of approval, concerns raised during discussion, and other speakers who may have participated in this agenda item were not available in the provided meeting materials.*

Conditional Use Appeal by Zion Church Builders

18:00

The board considered agenda item III.D.3, a conditional use appeal submitted by Zion Church Builders. The applicant requested approval to amend an existing conditional use permit and obtain a variance for an addition to a place of religious assembly.

Richard Murphy served as the key speaker presenting information on this agenda item to the board members.

The request involved modifications to an existing religious facility, requiring both an amendment to the current conditional use permit that governs the property and a variance to accommodate the proposed addition. Conditional use permits are typically required for places of worship to ensure they comply with zoning regulations and are compatible with surrounding land uses.

The board reviewed the application materials and heard the presentation regarding the proposed changes to the religious assembly facility. The discussion focused on the specific requirements for amending the conditional use permit and the justification for the requested variance.

Following their review and discussion of the proposal, the board voted to approve Zion Church Builders' request. The approval allows the organization to proceed with their planned addition to the religious facility under the amended conditional use permit and granted variance.

The successful outcome enables Zion Church Builders to move forward with their expansion plans for the place of religious assembly, having satisfied the municipal requirements for conditional use permit amendments and variance approvals.

Conditional Use Appeal by Jackson's Wine & Spirits, LLC

22:00

The board considered agenda item III.D.1, a conditional use appeal submitted by Jackson's Wine & Spirits, LLC. The company requested approval for accessory drive-through facilities as part of their operations.

Wes Harned served as the key speaker during the discussion of this agenda item. The specific details of the presentation and any concerns raised during the debate were not fully captured in the available meeting materials.

Rather than reaching a final decision on the conditional use request, the board chose to postpone their determination. This postponement was specifically intended to allow additional time for further discussion between the applicant and city staff members.

The outcome of this agenda item was a postponement, meaning Jackson's Wine & Spirits, LLC will need to return to a future board meeting once the additional staff discussions have been completed. No timeline was specified for when the item would return to the board for final consideration.

This conditional use appeal represents a standard municipal process where businesses must seek special approval for certain types of operations that may require additional review beyond typical zoning permissions. Drive-through facilities often require conditional use approval due to potential impacts on traffic flow, neighboring properties, and compliance with local zoning regulations.

Administrative Appeal by Whitetail Heaven Outfitters

30:00

The board considered agenda item III.E.1, an administrative appeal filed by Whitetail Heaven Outfitters challenging Notices of Zoning Violations issued against their operations. The violations concerned the company's recreational outfitting activities conducted within an Agricultural Rural zoning district.

Wes Harned served as a key speaker during the discussion of this appeal. The outfitters contested the county's determination that their recreational outfitting services violated zoning regulations for the Agricultural Rural zone where their business operates.

The appeal centered on whether Whitetail Heaven Outfitters' recreational outfitting activities were permitted uses within the Agricultural Rural zoning classification. The company argued against the validity of the zoning violation notices that had been issued by county staff.

After consideration of the appeal and related materials, the board voted to deny the administrative appeal. This decision upheld the original Notices of Zoning Violations issued against Whitetail Heaven Outfitters, affirming that their recreational outfitting operations were not compliant with the permitted uses in the Agricultural Rural zone.

The denial of the appeal means the zoning violations remain in effect, and Whitetail Heaven Outfitters must address the compliance issues identified in the original notices or potentially face further enforcement action.