Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on July 10, 2023, at 1:30 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed four agenda items during the session, including two development-related matters and two internal board appointments. The board took five votes throughout the meeting and heard one public comment. All four agenda items were approved, including variance appeals for NLWS, LLC, a conditional use permit for CCG VENTURES, LLC, the election of a new Vice-Chair, and the appointment of a new member to the Landscape Review Committee.

Attendance

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

• Raquel Carter
• Harry Clarke
• Chad Walker
• Carolyn Plumlee
• Linda Tucker

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board took action on five items during the July 10, 2023 meeting, with all motions passing unanimously.

PLN-BOA-23-00046 - The board approved a request for variances by NLWS, LLC. Harry Clarke made the motion, seconded by Carolyn Plumlee. The vote passed unanimously 5-0, with Raquel Carter, Harry Clarke, Chad Walker, Carolyn Plumlee, and Linda Tucker all voting in favor. The approval included conditions requiring construction to be in accordance with submitted application materials and site plan, final design of the parking area to be reviewed and approved by the Division of Traffic Engineering, and all necessary permits and approvals to be obtained prior to construction.

PLN-BOA-23-00047 - The board approved a request for a conditional use permit by CCG VENTURES, LLC. Chad Walker made the motion, seconded by Carolyn Plumlee. The vote passed unanimously 5-0, with all five board members voting in favor. Conditions of approval required the property to be operated in accordance with submitted application materials and site plan, and all necessary permits and approvals to be obtained prior to occupancy.

Officer Elections - The board elected Harry Clarke as Vice-Chair on a motion by Carolyn Plumlee. The vote was 4-0 with one abstention, as Carter, Walker, Plumlee, and Tucker voted in favor. The board also elected Linda Tucker as Secretary on a motion by Carolyn Plumlee, seconded by Harry Clarke. This vote was also 4-0 with one abstention, with Carter, Clarke, Walker, and Plumlee voting in favor.

Committee Appointment - The board appointed Joseph Browning to the Landscape Review Committee on a motion by Harry Clarke, seconded by Chad Walker. This vote passed unanimously 5-0, with all board members voting in favor.

Public Comment

One member of the public addressed the meeting during the public comment period.

Matthew Dawson spoke regarding a gas-powered generator noise issue. Dawson acknowledged that there has been a noise problem with the generator and outlined his plans to mitigate the issue. He stated that he intends to address the noise concerns by installing a fence and adding landscaping around the generator area to help reduce the sound impact on neighboring properties.

No transcript timestamp was available for this public comment portion of the meeting.

Appointments

The meeting included several key appointments to various positions and committees.

Leadership Positions: • Harry Clarke was appointed to serve as Vice-Chair • Linda Tucker was appointed to serve as Secretary

Committee Appointments: • Joseph Browning was appointed to the Landscape Review Committee

All three appointments were approved during the meeting proceedings. These appointments fill important roles in the organization's governance structure, with the Vice-Chair and Secretary positions providing essential leadership support, while the Landscape Review Committee appointment ensures continued oversight of landscape-related matters.

Variance Appeals for NLWS, LLC

The board considered variance request PLN-BOA-23-00046 submitted by NLWS, LLC for property modifications in a Neighborhood Business zone. The application sought approval to reduce required setbacks and buffer widths to accommodate construction of an addition and additional parking facilities.

Key speakers during the discussion included Fred Eastridge and Jody Hranicky, who presented details about the proposed variances and their necessity for the project. The applicant demonstrated that the requested reductions in setback requirements and buffer zone widths were needed to make the planned addition and parking expansion feasible on the existing property.

The variance request involved modifications to standard zoning requirements that typically govern the distance structures must maintain from property lines and the width of buffer zones between different land uses. These variances are common when property constraints or existing development patterns make strict adherence to standard setback requirements impractical or unnecessarily restrictive.

Following presentation of the application materials and discussion of the proposed changes, the board evaluated whether the variance met the necessary criteria for approval, including consideration of any potential impacts on neighboring properties and compliance with the overall intent of the zoning ordinance.

The board ultimately approved the variance request, allowing NLWS, LLC to proceed with their planned addition and parking improvements under the modified setback and buffer requirements. This approval enables the applicant to move forward with development plans that would have been prohibited under standard zoning restrictions.

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

Conditional Use Permit for CCG VENTURES, LLC

The board reviewed application PLN-BOA-23-00047, a conditional use permit request from CCG VENTURES, LLC to establish a personal care facility in a Planned Neighborhood Residential zone.

Key speakers during the discussion included Matthew Dawson and Liz Koehler, who presented information regarding the proposed facility and its compliance with zoning requirements.

The application sought approval to operate a personal care facility within the residential zoning district, which requires a conditional use permit under current zoning regulations. The discussion focused on how the proposed facility would integrate with the existing neighborhood character and meet the specific requirements for personal care facilities in residential areas.

Following the presentation and discussion of the application details, the board voted to approve the conditional use permit for CCG VENTURES, LLC. The approval allows the company to proceed with establishing the personal care facility in the Planned Neighborhood Residential zone, subject to any conditions that may have been specified during the approval process.

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

Elect a new Vice-Chair

The Board conducted an election to fill the vacant Vice-Chair position during the July 10, 2023 meeting. Raquel Carter led the discussion on this appointment.

The Board successfully elected Harry Clarke to serve as the new Vice-Chair. The election was approved by the Board members present.

No additional details about the nomination process, other candidates considered, or specific discussion points were available in the meeting materials reviewed.

Appoint a new member to the Landscape Review Committee

The meeting addressed the appointment of a new member to the Landscape Review Committee. Joseph Browning was nominated and appointed to serve on the committee.

The appointment was approved during the meeting, adding Browning to the committee's roster. No specific details about the discussion, debate, or any concerns raised during this agenda item were available in the meeting materials.

The Landscape Review Committee will now include Joseph Browning as its newest member following this appointment.

*Note: Specific transcript timestamps were not available for this agenda item.*