Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on June 12, 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 seven agenda items during the session, all of which involved property variance requests and one conditional use permit application. The board took seven votes throughout the meeting and heard four public comments from attendees. All agenda items were approved, including variance requests for Glendale Farm, LLC; James and Anna Zhurko; Van Meter Pettit; Aaron Simmerman; Off Season, LLC; and 545 Euclid, LLC, as well as a conditional use permit for Chris Pratt.

Attendance

The following members were present at the meeting on June 12, 2023:

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

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

Votes and Decisions

The board considered seven applications during the meeting, approving all items unanimously or with minimal abstentions 6:12.

PLN-BOA-23-00037: Harry Clarke motioned to approve a variance for Glendale Farm, LLC to reduce the required front yard setback, seconded by Carolyn Plumlee. The motion passed unanimously 7-0 with conditions including construction in accordance with submitted materials, landscaping requirements, permits, septic tank installation, and property boundary confirmation.

PLN-BOA-23-00038: Branden Gross motioned to approve a variance for James and Anna Zhurko to increase allowable fence height, seconded by Chad Needham. The motion passed unanimously 7-0 with conditions requiring the fence to be set back at least 10 feet from the front property line, obtaining a fence permit, and limiting fencing south of the driveway to 4 feet in height.

PLN-BOA-23-00039: Carolyn Plumlee motioned to approve a variance for Van Meter Pettit to reduce the required front yard setback, seconded by Linda Tucker. The motion passed unanimously 7-0 with conditions for construction in accordance with submitted materials and obtaining necessary permits.

PLN-BOA-23-00044: Harry Clarke motioned to approve a variance for Aaron Simmerman to reduce the required front yard setback, seconded by Carolyn Plumlee. The motion passed unanimously 7-0 with standard construction and permitting conditions.

PLN-BOA-23-00041: Harry Clarke motioned to approve a variance for Off Season, LLC to increase allowable fence height, seconded by Carolyn Plumlee. This motion passed 6-0-1 on a roll call vote, with Branden Gross abstaining. Voting members Raquel Carter, Harry Clarke, Chad Needham, Carolyn Plumlee, Linda Tucker, and Chad Walker voted in favor.

PLN-BOA-23-00043: Branden Gross motioned to approve variances for 545 Euclid, LLC to reduce setbacks and increase building height, seconded by Chad Walker. The motion passed unanimously 7-0 with conditions including site plan amendments and vehicular use area review.

PLN-BOA-23-00042: Chad Needham motioned to approve a conditional use permit for Chris Pratt to establish an outdoor recreational facility, seconded by Branden Gross. The motion passed unanimously 7-0 with conditions prohibiting outdoor amplification and lighting, limiting hours to 7 AM-5 PM, and requiring applicant ownership.

Public Comment

Four residents addressed the board during the public comment period 6:12.

Phil Latham spoke in opposition to the 545 Euclid, LLC project, expressing concerns about parking issues and potential non-compliance with zoning regulations due to the proposed building expansion.

Amy Clark also raised concerns about the same 545 Euclid, LLC project, focusing on the non-conforming nature of the lot and potential adverse effects the development could have on the surrounding neighborhood.

Katharine Perkins addressed Chris Pratt's conditional use permit application, requesting that specific conditions be added to the permit to prevent future modifications that could negatively impact the neighborhood.

Steve Martin brought attention to significant water drainage problems affecting both his property and the broader neighborhood. He requested that the board conduct further study of these drainage issues before proceeding with related decisions.

The public comments primarily focused on two development projects and infrastructure concerns, with residents emphasizing the need for careful consideration of neighborhood impacts and compliance with local regulations.

Contested Items

Two agenda items faced significant community opposition during the June 12, 2023 meeting, both ultimately receiving approval with additional conditions.

Variance for Off Season, LLC

The variance request to increase fence height generated substantial discussion and community pushback. Despite the opposition from residents, the board approved the variance with specific conditions attached to address community concerns. The exact nature of the fence height increase and the specific conditions imposed were not detailed in the available materials.

Conditional Use Permit for Chris Pratt

Chris Pratt's conditional use permit application encountered resistance from community members who raised concerns about two primary issues: water drainage impacts and the potential for future changes to the property's intended use. These concerns prompted the board to add additional conditions to the permit approval beyond what was originally proposed.

The community opposition centered on ensuring that the approved use would not create drainage problems for neighboring properties and that safeguards would be in place to prevent the property from being used for purposes beyond what was specifically permitted.

Both contested items followed a similar pattern where community input led to modified approvals rather than outright rejections, with the board attempting to balance the applicants' requests with neighborhood concerns through the imposition of additional conditions and restrictions.

*Note: Specific transcript timestamps are not available for this meeting's contested items discussion.*

Variance for Glendale Farm, LLC

6:12

The board considered agenda item PLN-BOA-23-00037, a variance request from Glendale Farm, LLC to reduce the required front yard setback for construction of a gatehouse in an Agricultural Rural zone.

Tom Wilmes presented the request on behalf of the applicant. The variance would allow construction of the gatehouse structure closer to the front property line than typically permitted under the current zoning requirements for Agricultural Rural zones.

The board approved the variance request, allowing Glendale Farm, LLC to proceed with their gatehouse construction project with the reduced front yard setback.

Variance for James and Anna Zhurko

6:12

The Board of Appeals considered case PLN-BOA-23-00038, a variance request from James and Anna Zhurko to increase the allowable height of a fence in their front yard from the standard four feet to six feet.

Anna Zhurko presented the request to the board, explaining the need for the taller fence on their property. The variance would allow the applicants to exceed the municipal code's typical front yard fence height restrictions.

The board reviewed the application and heard from the applicant regarding the specific circumstances that warranted the variance. The request was evaluated against the standard criteria for granting variances, which typically include demonstrating practical difficulty or hardship that would result from strict application of the zoning ordinance.

Following discussion and consideration of the application materials and testimony, the board voted to approve the variance request. This approval allows James and Anna Zhurko to install or maintain a six-foot fence in their front yard, exceeding the standard four-foot height limitation that would otherwise apply to their property.

The approved variance enables the property owners to proceed with their fencing plans while providing the additional height they requested for their specific situation.

Variance for Van Meter Pettit

6:12

The Board of Appeals considered case PLN-BOA-23-00039, a variance request submitted by Van Meter Pettit to reduce the required front yard setback for the construction of a covered front porch.

Van Meter Pettit presented the request to the board, seeking approval to build a covered front porch that would extend closer to the street than typically permitted under current zoning regulations. The variance would allow construction to proceed with a reduced front yard setback from the standard requirement.

The board reviewed the application and heard from the applicant regarding the specific details of the proposed covered porch construction. The request focused on modifying the setback requirements to accommodate the architectural addition to the existing property.

Following discussion of the variance request, the Board of Appeals approved PLN-BOA-23-00039, granting Van Meter Pettit permission to proceed with the covered front porch construction under the reduced front yard setback parameters outlined in the application.

Variance for Aaron Simmerman

6:12

The Board of Appeals considered case PLN-BOA-23-00044, a variance request submitted by Aaron Simmerman to reduce the required front yard setback for the construction of a single-family home.

Aaron Simmerman presented his request to the board, seeking approval to build closer to the front property line than typically permitted under current zoning regulations. The variance would allow for the construction of a single-family residence that would otherwise not comply with standard setback requirements.

The board reviewed the application and supporting materials for the proposed residential construction project. The request centered on modifying the front yard setback distance to accommodate the planned home design and lot configuration.

Following presentation and discussion of the variance request, the Board of Appeals approved PLN-BOA-23-00044, granting Aaron Simmerman permission to proceed with the reduced front yard setback for his single-family home construction project.

Variance for Off Season, LLC

6:12

The Board of Appeals considered case PLN-BOA-23-00041, a variance request from Off Season, LLC to increase the allowable height of a fence in the front yard from the standard four feet to six feet.

Darby Turner served as the key speaker presenting this variance request to the board. The application sought relief from the municipal zoning ordinance's front yard fence height restrictions, which typically limit such structures to four feet in height for safety and aesthetic reasons.

The specific details of the property location, justification for the increased fence height, and any conditions or concerns raised during the discussion were presented during the hearing. Standard variance considerations would typically include whether the request meets the criteria for hardship, whether it would be detrimental to the public good, and if it conflicts with the spirit and intent of the zoning ordinance.

Following the presentation and any board discussion, the variance request was approved, allowing Off Season, LLC to proceed with installing a six-foot fence in the front yard of their property, exceeding the standard four-foot height limitation established in the zoning code.

The approval of this variance grants the applicant the specific relief requested while maintaining compliance with other applicable zoning and building requirements for the property.

Variances for 545 Euclid, LLC

6:12

The Board of Appeals considered application PLN-BOA-23-00043, a request by 545 Euclid, LLC for multiple variances to accommodate a second-floor addition to an existing property. The variances sought reductions to required setbacks and permission to exceed standard building height limits.

Richard Murphy served as the key speaker presenting the application to the board. The proposal involved adding a second floor to the existing structure, which would require relief from current zoning restrictions regarding both the building's proximity to property lines and its overall height.

The applicant requested variances to reduce the standard setback requirements that would normally apply to the property, allowing the proposed addition to be constructed closer to adjacent properties than typically permitted. Additionally, the request included a variance to increase the allowable building height beyond what is normally permitted in the zoning district.

The board reviewed the application and determined that the requested variances met the necessary criteria for approval. The application was approved, allowing 545 Euclid, LLC to proceed with their second-floor addition project under the modified setback and height requirements.

This approval enables the property owner to move forward with construction plans that would not have been possible under standard zoning restrictions, while the board found that granting the variances would not negatively impact the surrounding neighborhood or violate the intent of the zoning ordinance.

Conditional Use Permit for Chris Pratt

6:12

The board reviewed agenda item PLN-BOA-23-00042, a conditional use permit application submitted by Chris Pratt to establish an outdoor recreational facility, specifically a riding stable, in a Single Family Residential zone.

Chris Pratt presented his request to the board, seeking approval to operate the riding stable facility on his residential property. The application required a conditional use permit due to the commercial nature of the proposed outdoor recreational facility within a zone typically designated for single-family homes.

The board considered the compatibility of the proposed riding stable with the existing residential character of the neighborhood, as well as potential impacts on surrounding properties. Standard considerations for such applications typically include factors such as traffic patterns, noise levels, property maintenance, and compliance with zoning regulations.

Following their review and discussion of the application, the board voted to approve the conditional use permit for Chris Pratt's outdoor recreational facility. The approval allows Pratt to proceed with establishing the riding stable operation in the Single Family Residential zone, subject to any conditions that may have been attached to the permit.

The approval of PLN-BOA-23-00042 enables the applicant to move forward with the development and operation of the riding stable facility as proposed in the original application.