Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on September 11, 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 13 agenda items consisting of variance requests, conditional use permits, and administrative appeals from various applicants including architectural firms, churches, energy companies, and individual property owners. During the meeting, the board conducted 13 motions and votes, heard 17 public comments from community members, and reviewed applications that ranged from architectural design variances to religious facility permits and residential use requests.

The board approved eight of the thirteen items presented, including variances for Gibson, Taylor, Thompson Architecture & Design and Estepp Energy, conditional use permits for The Mission Church of Lexington and Lexington Hispanic Adventist Church, and an administrative appeal for Shadeland Investments, LLC. Four applications were denied, including variance requests from John Stocker, conditional use permits for Jancy Bonewits and Casey Wesley, Bethesda Pentecostal Tabernacle, Inc., and Matthew and Tamara Robinson. One item, the conditional use permit for Aaron Reedy, was postponed for future consideration. The meeting demonstrated active community engagement with significant public participation through comments on the various development and zoning matters under consideration.

Attendance

Present: • Raquel Carter • Chad Walker • Carolyn Plumlee • Bob Sturdivant • Linda Tucker

Absent: • Harry Clarke • Branden Gross

Late: • None

Five members were present for the September 11, 2023 meeting, with two members absent and no late arrivals recorded.

Votes and Decisions

The board considered 13 applications during the September 11, 2023 meeting, with 8 approvals, 4 denials, and 1 postponement.

Approved Applications:

• PLN-BOA-23-00048 9:11: Variance for Gibson, Taylor, Thompson Architecture & Design to reduce side yard setback. Motion by Carolyn Plumlee, seconded by Linda Tucker. Passed unanimously 5-0.

• PLN-BOA-23-00053 9:12: Variance for Estepp Energy to increase front yard setback. Motion by Linda Tucker, seconded by Carolyn Plumlee. Passed unanimously 5-0.

• PLN-BOA-23-00051 9:13: Conditional use permit for The Mission Church of Lexington to expand religious assembly. Motion by Carolyn Plumlee, seconded by Linda Tucker. Passed unanimously 5-0.

• PLN-BOA-23-00049 9:14: Administrative appeal for Shadeland Investments, LLC to change non-conforming use. Motion by Bob Sturdivant, seconded by Linda Tucker. Passed unanimously 5-0.

• PLN-BOA-23-00055 9:15: Variance for Jordan Yeiser to reduce side yard setback. Motion by Chad Walker, seconded by Bob Sturdivant. Passed unanimously 5-0.

• PLN-BOA-23-00050 9:17: Conditional use permit for Lexington Hispanic Adventist Church to construct building addition. Motion by Chad Walker, seconded by Carolyn Plumlee. Passed unanimously 5-0.

• PLN-BOA-23-00052 9:18: Conditional use permit for Shepherd's House to establish rehabilitation home. Motion by Chad Walker, seconded by Carolyn Plumlee. Passed unanimously 5-0.

• PLN-BOA-23-00060 9:20: Amendment to conditional use permit for Anchor Baptist Church for school of academic instruction. Motion by Carolyn Plumlee, seconded by Linda Tucker. Passed unanimously 5-0.

Denied Applications:

• PLN-BOA-23-00057 9:16: Variance for John Stocker to reduce side street side yard setback. Motion by Carolyn Plumlee, seconded by Linda Tucker. Failed 4-1, with Chad Walker voting against.

• PLN-BOA-23-00059 9:19: Conditional use permit for Jancy Bonewits and Casey Wesley for un-hosted short-term rental. Motion by Chad Walker, seconded by Carolyn Plumlee. Failed 2-3, with Raquel Carter, Bob Sturdivant, and Linda Tucker voting against.

• PLN-BOA-23-00061 9:21: Conditional use permits for Bethesda Pentecostal Tabernacle, Inc. for place of religious assembly and childcare center. Motion by Chad Walker, seconded by Carolyn Plumlee. Failed 2-3, with Raquel Carter, Bob Sturdivant, and Linda Tucker voting against.

• PLN-BOA-23-00063 9:23: Conditional use permit for Matthew and Tamara Robinson for un-hosted short-term rental. Motion by Chad Walker, seconded by Carolyn Plumlee. Failed 2-3, with Raquel Carter, Bob Sturdivant, and Linda Tucker voting against.

Postponed Application:

• PLN-BOA-23-00062 9:22: Conditional use permit for Aaron Reedy for un-hosted short-term rental. Motion by Chad Walker, seconded by Carolyn Plumlee. Postponed unanimously 5-0 for further consideration at the next meeting.

Public Comment

The public comment period addressed three main topics, with residents expressing concerns about proposed developments and land use changes [timestamp: 09:17-09:23].

Lexington Hispanic Adventist Church Expansion

Five residents spoke regarding the church expansion proposal 9:17. Paula Singer requested postponement of the decision due to concerns about noise and traffic impacts. Peggy Henson similarly expressed desire for postponement to allow discussions with church members about community concerns. Jan Hellebusch voiced concerns about potential noise issues and cited a lack of sufficient information about the expansion plans. Linda West raised noise concerns related to church activities and also requested postponement of the decision. Bonnie Jacobs spoke in support of her neighbors' concerns about the church expansion.

Shepherd's House Rehabilitation Home

The rehabilitation home proposal generated both support and opposition 9:18. Bill Fish opposed the facility, citing its proximity to residential areas and potential safety concerns. However, several speakers voiced support: Rob Perez shared positive experiences with Shepherd's House residents, Tracy Javid supported the property sale believing it would not negatively impact the neighborhood, Jared Thomas provided a personal success story supporting the facility, and Guy Euclid encouraged support while emphasizing the program's positive community impact.

Short-Term Rental Applications

Multiple residents opposed short-term rental applications on Eastway Drive and Chinoe Road [timestamp: 09:19, 09:23]. Gail Lightner opposed the Eastway Drive rental due to traffic and neighborhood character concerns. Six residents spoke against the Chinoe Road application: Brian Chapin, Kyle Ray, Barbara Crandall, Chuck Adams, Tommy Puckett, and Joe Brumley. Their concerns centered on neighborhood character preservation, safety issues, traffic impacts, housing shortage considerations, and allegations of misleading information from applicants. Several speakers noted lack of meaningful interaction with the rental applicants.

Appointments

The meeting included appointments to the Board of Adjustment, with both a new appointment and a reappointment approved.

Board of Adjustment: • Bob Sturdivant was appointed to the Board of Adjustment • Branden Gross was reappointed to the Board of Adjustment

Both appointments were processed during the September 11, 2023 meeting, though specific vote tallies and terms of service were not detailed in the available meeting materials.

Contested Items

The September 11, 2023 meeting featured significant community opposition to two short-term rental permit applications, both of which were ultimately denied following resident concerns.

Short-term Rental on Eastway Drive

A permit application for a short-term rental property on Eastway Drive faced strong opposition from area residents. Community members raised multiple concerns about the proposed rental, including potential increases in traffic volume, noise disturbances, and negative impacts on the established neighborhood character. Following the public input and discussion, the permit application was denied.

Short-term Rental on Chinoe Road

Similarly, a short-term rental permit application for a property on Chinoe Road encountered substantial resistance from local residents. Opponents cited safety concerns, anticipated traffic problems, and potential disruption to the neighborhood's character as primary reasons for their opposition. The community feedback proved influential, as this permit application was also denied.

Both contested items followed a similar pattern of community engagement, with residents actively participating in the public process to voice their concerns about short-term rental operations in their neighborhoods. The consistent themes across both applications included traffic impact, noise concerns, safety issues, and preservation of neighborhood character, suggesting these are key considerations for residents when short-term rental permits are proposed in their areas.

The denial of both permits demonstrates the weight given to community input in the decision-making process for short-term rental applications, particularly when residents present unified opposition based on quality-of-life and safety concerns.

Variance for Gibson, Taylor, Thompson Architecture & Design

9:11

The Board of Adjustments considered agenda item PLN-BOA-23-00048, a variance request from Gibson, Taylor, Thompson Architecture & Design to reduce the required side yard setback for a deep building in order to construct additions to an existing single-family residence.

Eric Gibson presented the variance request on behalf of the architecture firm. The proposal sought to modify the standard setback requirements that would otherwise prevent the planned residential additions from moving forward as designed.

The variance application addressed the specific zoning challenge posed by the property's deep building configuration, which created constraints for the proposed additions while maintaining compliance with standard side yard setback requirements. The request was focused on allowing the architectural modifications necessary to expand the existing single-family home.

Following the presentation and board discussion, the variance request was approved, allowing Gibson, Taylor, Thompson Architecture & Design to proceed with their planned residential additions under the modified setback requirements.

Variance for Estepp Energy

9:12

The Board of Adjustment considered case PLN-BOA-23-00053, a variance request for Estepp Energy to increase the required front yard setback for the construction of a canopy for gasoline pumps.

Dave Estepp presented the request on behalf of Estepp Energy. The variance seeks to modify the standard front yard setback requirements to accommodate the installation of a fuel pump canopy structure.

The board approved the variance request for Estepp Energy.

*Note: The provided source materials contain limited details about the specific discussion, concerns raised, or deliberation process for this agenda item. A complete summary would require access to the full meeting transcript or additional documentation.*

Administrative appeal for Shadeland Investments, LLC

9:14

The board considered case PLN-BOA-23-00049, an administrative appeal for Shadeland Investments, LLC requesting to change one non-conforming use from retail to office use.

Chad Bowman served as the key speaker for this agenda item, presenting the details of the proposed use change to the board members.

The request involved converting an existing non-conforming retail use to a non-conforming office use at the property owned by Shadeland Investments, LLC. This type of appeal typically requires board review when property owners seek to modify existing non-conforming uses that do not align with current zoning requirements.

The board ultimately approved the administrative appeal, allowing Shadeland Investments, LLC to proceed with changing the property use from retail to office operations.

Variance for Jordan Yeiser

9:15

The Board of Appeals considered case PLN-BOA-23-00055, a variance request submitted by Jordan Yeiser to reduce the required side yard setback for a deep building in order to construct an addition in the form of a covered deck.

Jordan Yeiser presented the request to the board, seeking relief from the standard setback requirements that would otherwise prevent the proposed covered deck addition. The variance was necessary due to the property's classification as having a deep building, which typically requires larger side yard setbacks under the zoning code.

The board reviewed the application and determined that the request met the criteria for granting a variance. The proposed covered deck addition was deemed appropriate for the property and would not create adverse impacts on neighboring properties or the surrounding area.

Following discussion of the merits of the case, the Board of Appeals approved the variance request, allowing Yeiser to proceed with construction of the covered deck addition with the reduced side yard setback. The approval enables the property owner to move forward with the planned improvement while maintaining compliance with modified setback requirements tailored to the specific circumstances of the property.

Variance for John Stocker

9:16

The Board of Appeals considered case PLN-BOA-23-00057, a variance request submitted by John Stocker to reduce the required side street side yard setback. The proposed variance would allow for the construction of a circular driveway and additional paving on the property.

John Stocker presented his request to the board, seeking relief from the standard setback requirements that would otherwise prevent his planned driveway improvements. The variance was necessary to accommodate the circular driveway design and expanded paved areas on his property.

Following discussion and consideration of the application, the Board of Appeals denied the variance request. The specific reasons for the denial and any concerns raised by board members during deliberation were not detailed in the available materials, but the outcome indicates the board determined the request did not meet the necessary criteria for granting a variance from the established setback requirements.

The denial means Stocker will not be permitted to proceed with the proposed circular driveway and additional paving as originally planned, and any future development on the property must comply with the existing side street side yard setback regulations.

Conditional use permit for Lexington Hispanic Adventist Church

9:17

The Board of Adjustment considered case PLN-BOA-23-00050, a request to amend a conditional use permit for the Lexington Hispanic Adventist Church to construct a building addition to an existing place of religious assembly.

David Corro Rodriguez served as a key speaker for this agenda item, presenting the church's proposal for the building expansion project.

The request involved modifying the existing conditional use permit to allow for construction of an addition to the current religious facility. The amendment was necessary to accommodate the church's growing congregation and expanded programming needs.

The Board of Adjustment approved the conditional use permit amendment, allowing the Lexington Hispanic Adventist Church to proceed with their planned building addition project. The approval enables the church to move forward with construction of the expansion to their existing place of worship.

Conditional use permit for Shepherd's House

9:18

The board reviewed application PLN-BOA-23-00052, a conditional use permit request for Shepherd's House to establish a rehabilitation home within 500 feet of a residential zone. Sean Spaulding served as a key speaker during the discussion of this agenda item.

The request involved establishing a rehabilitation facility in proximity to residential zoning, which requires special consideration under local zoning ordinances. Such facilities typically require conditional use permits when located near residential areas to ensure compatibility with surrounding neighborhoods and address potential community concerns.

The board ultimately approved the conditional use permit for Shepherd's House, allowing the rehabilitation home to proceed with its establishment in the proposed location despite its proximity to residential zoning.

Amend conditional use permit for Anchor Baptist Church

9:20

The Board of Adjustment considered agenda item PLN-BOA-23-00060, a request to amend an existing conditional use permit for Anchor Baptist Church. The amendment would allow the church to construct new buildings as part of their school for academic instruction.

Bruce Simpson served as the key speaker presenting the request to the board. The proposal involved modifying the church's current conditional use permit to accommodate the construction of additional structures to support their educational facilities.

The board reviewed the amendment request and the proposed construction plans for the new buildings. The discussion focused on how the new structures would enhance the church's existing school operations while maintaining compliance with local zoning requirements and conditional use permit standards.

Following their review and discussion of the application, the Board of Adjustment approved the conditional use permit amendment for Anchor Baptist Church. This approval will allow the church to proceed with their planned construction of new buildings to expand their academic instruction facilities.

The approval enables Anchor Baptist Church to move forward with their building project while operating under the modified terms of their conditional use permit.

Conditional use permits for Bethesda Pentecostal Tabernacle, Inc.

9:21

The board considered agenda item PLN-BOA-23-00061, a request from Bethesda Pentecostal Tabernacle, Inc. for conditional use permits to operate a place of religious assembly and a childcare center for eight children.

Jason Morgan served as the key speaker presenting the application to the board. The request involved establishing both religious assembly facilities and a small-scale childcare operation at the proposed location.

Following discussion and consideration of the application, the board denied the conditional use permits for Bethesda Pentecostal Tabernacle, Inc. The specific reasons for the denial and details of the board's deliberations were not provided in the available meeting materials.

The denial means that Bethesda Pentecostal Tabernacle, Inc. will not be permitted to operate either the place of religious assembly or the childcare center for eight children as proposed under this application.