Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on May 8, 2023, at 1:31 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 during the session, consisting of variance requests and conditional use permit applications from various applicants throughout the community. The board took seven votes on motions throughout the meeting and heard three public comments from citizens regarding the proposed applications.

Of the seven agenda items considered, the board approved five applications and denied one, while tabling one item for future consideration. The approved items included variance requests for Ken Parr and Joseph Costa, as well as conditional use permits for Jackson's Wine & Spirits, LLC, Keyhole Tattoo, LLC, and Jonabell Farm. However, the board denied the variance request submitted by Glen Heck and Kate Martin. The conditional use amendment request for OHP Southland, LLC was tabled, meaning it will be reconsidered at a future meeting.

The meeting demonstrated the board's role in reviewing zoning-related requests from property owners and businesses seeking exceptions to existing land use regulations or permission for specific commercial activities within the city's jurisdiction.

Attendance

All members were present for the May 8, 2023 meeting.

Present: • Raquel Carter • Harry Clarke • Branden Gross • Chad Needham • Carolyn Plumlee • Linda Tucker • Chad Walker • Michael Cravens • Joseph Edmiston • Josh Dezarn • Traci Wade • Autumn Goderwis • Meghan Jennings • Daniel Crum • Donna Lewis

Absent: None

Late: None

The meeting achieved full attendance with all 15 members participating.

Votes and Decisions

The Board of Adjustment considered seven cases during the May 8, 2023 meeting, approving five applications, denying one, and tabling another.

PLN-BOA-23-00030 15:00: Chad Needham motioned to approve a variance for Ken Parr to reduce the required side yard setback from eight feet to three feet and eleven inches. Carolyn Plumlee seconded the motion. The board voted unanimously to approve (7-0), with all seven members voting in favor: Raquel Carter, Harry Clarke, Branden Gross, Chad Needham, Carolyn Plumlee, Linda Tucker, and Chad Walker. The approval requires construction to follow submitted materials and obtaining necessary permits from Building Inspection.

PLN-BOA-23-00033 25:00: Harry Clarke motioned to approve Joseph Costa's variance to reduce setback requirements for an accessory structure. Linda Tucker seconded, and the board approved unanimously (7-0). The approval includes conditions that the structure cannot be used by the existing non-conforming carriage house and requires proper permits.

PLN-BOA-23-00034 45:00: The board unanimously denied (0-7) Glen Heck & Kate Martin's variance request to reduce the front yard setback from thirty feet to zero feet. Carolyn Plumlee made the motion and Linda Tucker seconded.

PLN-BOA-23-00005 1:15:00: Branden Gross motioned to approve Jackson's Wine & Spirits, LLC's conditional use permit for drive-through facilities. Chad Walker seconded, and the board approved unanimously (7-0). The approval includes extensive conditions regarding hours of operation, lighting, and design requirements.

PLN-BOA-23-00032 1:45:00: Chad Walker motioned to approve Keyhole Tattoo, LLC's conditional use permit for a tattoo parlor. Branden Gross seconded, resulting in unanimous approval (7-0).

PLN-BOA-23-00035 2:05:00: Harry Clarke motioned to approve Jonabell Farm's conditional use permit for a farm gift shop. Linda Tucker seconded, and the board approved unanimously (7-0).

PLN-BOA-23-00036 2:25:00: OHP Southland, LLC's request to amend an existing conditional use permit for drive-through facilities was tabled without a formal vote.

Public Comment

Three residents addressed the board during the public comment period, raising concerns about various development proposals in their neighborhoods.

Eric Eaton spoke in opposition to a variance request for Glen Heck and Kate Martin 40:00. Eaton expressed concerns about the proposed circular driveway and its potential impact on the surrounding neighborhood. He argued that the proposed driveway would impair his client's use of their property, suggesting the variance could create adverse effects for adjacent property owners.

Gary Reading addressed the board regarding his opposition to a proposed tattoo parlor 1:50:00. Reading raised concerns about the appropriateness of such a business in the area, citing potential negative impacts the establishment could have on the neighborhood character and surrounding properties.

Scott Sevigny brought forward concerns about a drive-through speaker system 2:30:00. Sevigny discussed the potential impact the speaker could have on neighborhood residents and suggested relocating the speaker to a less obtrusive location to minimize disruption to the surrounding area.

All three speakers focused on how proposed developments or modifications might affect their respective neighborhoods, emphasizing concerns about property impacts, business appropriateness, and noise considerations. The comments reflected ongoing community engagement with local development decisions and residents' desire to maintain neighborhood character and quality of life.

Contested Items

Three items on the agenda faced community opposition during the May 8, 2023 meeting.

Variance for Glen Heck & Kate Martin The applicants requested a variance to construct a circular driveway on their property. A neighbor attended the meeting to oppose the request, arguing that the proposal lacked the special circumstances required for a variance and expressing concerns about the potential impact on the surrounding neighborhood character.

Conditional Use for Keyhole Tattoo, LLC The business sought approval for a conditional use permit to operate a tattoo parlor in the area. A local resident spoke against the application during the public comment period, questioning whether a tattoo establishment was appropriate for the location and raising concerns about its compatibility with the existing neighborhood businesses and character.

Amend Conditional Use for OHP Southland, LLC This item involved modifying an existing conditional use permit, specifically regarding the installation of a drive-through speaker system. Community members raised objections about the potential noise impact on nearby residents. The opposition included suggestions for alternative placement of the speaker equipment in a location that would be less intrusive to the surrounding neighborhood.

Each of these contested items required the board to weigh the applicants' business or property needs against community concerns about neighborhood compatibility, noise impacts, and adherence to zoning requirements. The opposition in each case came from local residents who took time to attend the meeting and voice their concerns during the public participation portions of the proceedings.

Variance for Ken Parr

15:00

The board reviewed case PLN-BOA-23-00030, a variance request submitted by Ken Parr to reduce the required side yard setback from eight feet to three feet and eleven inches for the construction of an addition to a single-family residence.

Tom Wilmes served as the key speaker presenting information about this variance request. The proposal involved modifying the standard zoning requirements to allow for reduced side yard clearance, which would enable Parr to proceed with his planned residential addition.

The board considered the specifics of the variance request, examining how the reduced setback from eight feet to three feet and eleven inches would impact the property and surrounding area. The variance was necessary for Parr to construct the addition to his single-family home while working within the constraints of his lot configuration.

Following discussion and review of the application materials, the board approved the variance request, allowing Ken Parr to proceed with construction of the addition under the modified setback requirements.

Variance for Joseph Costa

25:00

The Board of Appeals considered case PLN-BOA-23-00033, a variance request submitted by Joseph Costa. Costa sought permission to reduce the required setback for an accessory structure from the standard sixteen feet to thirteen feet.

Joey Nolasco served as the key speaker presenting this agenda item to the board.

The variance request involved reducing the mandatory setback requirement by three feet, allowing Costa to construct or maintain an accessory structure closer to the property line than typically permitted under current zoning regulations. Such variances are commonly requested when property owners face practical difficulties in meeting standard setback requirements due to lot size, topography, or other site-specific constraints.

The board reviewed the application and determined that the requested three-foot reduction in setback met the necessary criteria for granting a variance. The approval indicates that the board found the request reasonable and that it would not adversely impact neighboring properties or violate the intent of the zoning ordinance.

Outcome: The variance request was approved, allowing Joseph Costa to proceed with the accessory structure using the reduced thirteen-foot setback instead of the standard sixteen-foot requirement.

Variance for Glen Heck & Kate Martin

45:00

The board considered case PLN-BOA-23-00034, a variance request submitted by Glen Heck and Kate Martin to reduce the required front yard setback from thirty feet to zero feet for the construction of a circular driveway on their property.

Tony Barrett presented the case to the board, outlining the applicants' request to eliminate the standard front yard setback requirement entirely. The proposed circular driveway would extend to the property line, requiring a complete waiver of the thirty-foot setback typically mandated by local zoning regulations.

During the discussion, board members evaluated whether the request met the criteria for granting a variance, including considerations of hardship, practical difficulties, and potential impacts on neighboring properties and the surrounding area. The zero-foot setback request represented a significant deviation from standard zoning requirements.

After reviewing the application materials and hearing the presentation, the board ultimately denied the variance request. The denial indicates that the board determined the applicants had not sufficiently demonstrated the necessary criteria for approval, such as unique hardship conditions or practical difficulties that would justify such a substantial reduction in the required setback.

The decision maintains the existing thirty-foot front yard setback requirement for the property, meaning Heck and Martin would need to design their driveway improvements to comply with current zoning standards or explore alternative solutions that do not require variance approval.

Conditional Use for Jackson's Wine & Spirits, LLC

1:15:00

The board reviewed application PLN-BOA-23-00005 for Jackson's Wine & Spirits, LLC, which requested a conditional use permit for accessory drive-through facilities.

Wes Harned served as the key speaker presenting information about the conditional use request. The application centered on allowing Jackson's Wine & Spirits to operate drive-through services as an accessory use to their primary retail liquor establishment.

The board discussed the merits of the application and evaluated whether the proposed drive-through facilities would be appropriate for the location and compatible with surrounding land uses. The conditional use process allows the board to review special uses that may require additional oversight or conditions to ensure they operate in harmony with the community.

Following their review and discussion of the application materials, the board voted to approve the conditional use permit for Jackson's Wine & Spirits, LLC. The approval will allow the business to proceed with implementing drive-through facilities as an accessory service to their wine and spirits retail operation.

The approval of PLN-BOA-23-00005 represents the board's determination that the proposed drive-through facilities meet the necessary criteria for a conditional use permit and can operate appropriately within the existing zoning framework.

Conditional Use for Keyhole Tattoo, LLC

1:45:00

The board reviewed application PLN-BOA-23-00032 for a conditional use permit requested by Keyhole Tattoo, LLC to establish a tattoo parlor. Drew Embs served as the key speaker for this agenda item.

The application sought approval for Keyhole Tattoo, LLC to operate a tattoo establishment, which requires a conditional use permit under local zoning regulations. The discussion focused on the proposed business operations and compliance with municipal requirements for tattoo parlors.

Following the presentation and board discussion, the conditional use permit for Keyhole Tattoo, LLC was approved. The approval allows the business to move forward with establishing their tattoo parlor operations in accordance with the terms and conditions outlined in the permit application.

Conditional Use for Jonabell Farm

2:05:00

The board reviewed application PLN-BOA-23-00035, a conditional use permit request from Jonabell Farm to establish a farm gift shop on their property.

Jim Cox served as the key speaker presenting information about the conditional use application. The farm sought approval to operate a retail gift shop as an accessory use to their existing agricultural operations.

The discussion centered on Jonabell Farm's proposal to add retail sales capabilities to complement their farming activities. The gift shop would allow the farm to sell products and merchandise directly to visitors, providing an additional revenue stream while maintaining the property's primary agricultural use.

The board evaluated the request against applicable zoning requirements and conditional use standards. The proposed gift shop was determined to be compatible with the farm's existing operations and the surrounding area's character.

Following the presentation and discussion, the board voted to approve the conditional use permit for Jonabell Farm's gift shop proposal. The approval allows the farm to move forward with establishing the retail component of their operation under the terms and conditions outlined in the permit.

Amend Conditional Use for OHP Southland, LLC

2:25:00

The board considered agenda item PLN-BOA-23-00036, a request from OHP Southland, LLC to amend an existing conditional use permit for drive-through facilities. The amendment would allow the installation of a menu board, amplified speaker, and microphone devices at their location.

Mike Hill served as the key speaker presenting information about this conditional use permit amendment. The request involved modifying the existing permit conditions to accommodate standard drive-through equipment that would enable customer ordering and communication between vehicles and restaurant staff.

The proposed amendments specifically addressed: • Addition of a menu board for customer ordering • Installation of amplified speaker systems • Implementation of microphone devices for two-way communication

Following discussion of the application, the board decided to table the item rather than make a final determination. The tabling action indicates that additional information, review, or consideration may be needed before the board can reach a decision on whether to approve the requested amendments to the conditional use permit.

The conditional use permit amendment process allows businesses to modify existing permits when operational needs change or when additional equipment or services are required that weren't part of the original approval. Drive-through facilities typically require specialized audio equipment to function effectively, which necessitates formal approval through the conditional use permit process.