Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on November 13, 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 12 agenda items during the session, all of which resulted in approvals for various variance and conditional use permit applications. The meeting included consideration of requests from multiple applicants including individuals and businesses such as Shelby Marletta, Ricky Pope, Nicole Seals, Jessica Voigt, Glock Nicholasville LLC, David Hauge, Harmony HB LLC, Keeneland Association, LSC Facilities Holding Company LLC, Chris Fielder, 341 Sherman Ave LLC, and Calvin Andries. Throughout the proceedings, the board conducted 13 motions and votes, heard 5 public comments from community members, and successfully processed all applications with unanimous approvals across all variance and conditional use permit requests presented.

Attendance

Present: Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Linda Tucker, Chad Walker

Absent: Bob Sturdivant

Late: None

Six members were present for the November 13, 2023 meeting, with one member absent.

Votes and Decisions

The board considered 13 applications during the November 13, 2023 meeting, approving 11 items, postponing 1, and taking various vote types including unanimous consent and roll call votes.

Approved Applications:

The board unanimously approved several variance requests, including PLN-BOA-23-00064 for increased parking spaces at 324 Aylesford Pl. 3:00, PLN-BOA-23-00075 for reduced front yard setback at 159-161 Jefferson St. 6:00, and PLN-BOA-23-00071 for a circular driveway setback variance at 1929 Alexandria Dr. 33:00. All passed 6-0 with votes from Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Linda Tucker, and Chad Walker.

Multiple short-term rental applications received approval. PLN-BOA-23-00069 at 3104 Leestown Rd. 9:00, PLN-BOA-23-00070 at 1859 Nicholasville Rd. 12:00, and PLN-BOA-23-00077 at 361-363 S. Upper St. 18:00 all passed unanimously 6-0.

Three short-term rental applications required roll call votes. PLN-BOA-23-00076 at 103 Westwood Dr. 15:00 passed 4-2, with Carter, Clarke, Gross, and Walker voting for, and Plumlee and Tucker voting against. PLN-BOA-23-00079 at 341 Sherman Ave. 36:00 also passed 4-2 with the same voting pattern. PLN-BOA-23-00080 at 640 Declaration Ct. 39:00 passed 5-1, with only Tucker voting against.

The board unanimously approved amendments to existing conditional use permits, including PLN-BOA-23-00078 for a religious assembly at 3330 Todds Rd. 21:00, PLN-BOA-23-00081 for a horse race track at Versailles Rd. 24:00, and PLN-BOA-23-00084 for outdoor recreational facilities at 250 Doe Run Trail 27:00, which passed 5-1 with Tucker dissenting.

Postponed Application:

PLN-BOA-23-00045 for Red Draw Delaware, LLC at 1535 Delaware Ave. was unanimously postponed 6-0 30:00.

Public Comment

Five residents addressed the meeting during the public comment period, raising concerns about two primary issues affecting their neighborhoods.

Soccer Field Issues

Charles Wisdom spoke about lighting and vegetation concerns at the soccer fields 27:00. He expressed that the lighting and removal of vegetation at the facilities negatively affects the neighborhood's quality of life.

Linda Pierson followed with additional concerns about the soccer fields 28:00. She specifically cited issues with the brightness of the lights and noise from the soccer fields that are impacting her home.

Short-Term Rental Opposition

Three residents spoke in opposition to short-term rental proposals during the meeting.

John Grimes addressed his opposition to the approval of short-term rentals 36:00. He cited concerns about neighborhood safety and the commercialization of residential areas as his primary objections.

Barbara also expressed opposition to short-term rentals 37:00. Her concerns focused on the potential impact these rentals could have on neighborhood stability and property values.

Van Vickers spoke specifically about opposition to a short-term rental proposal at 640 Declaration Court 39:00. He raised concerns about parking issues and safety problems that the rental could create in the neighborhood.

The public comments reflected organized community concern about two distinct issues: infrastructure problems related to the soccer field facilities and strong neighborhood opposition to short-term rental expansion in residential areas.

Contested Items

Two conditional use permit applications faced significant community opposition during the November 13, 2023 meeting.

341 Sherman Ave, LLC Conditional Use Permit

The approval of a conditional use permit for 341 Sherman Ave, LLC generated substantial community pushback. Several residents spoke against the proposal, expressing concerns about the negative impact of short-term rentals on neighborhood stability and local property values. Community members argued that allowing short-term rental operations would disrupt the residential character of the area and potentially affect long-term housing availability for local residents.

LSC Facilities Holding Company, LLC Conditional Use Permit

The conditional use permit application for LSC Facilities Holding Company, LLC also drew community opposition. Residents raised specific concerns about the proposed soccer fields, particularly regarding lighting and noise impacts on their quality of life. Community members expressed worry that the facility's operations would create disturbances that would affect nearby residential properties, with particular emphasis on the potential for bright lighting and noise from games and activities to disrupt the peaceful enjoyment of their homes.

Both items represented typical land use conflicts where proposed commercial or recreational developments faced resistance from neighboring residents concerned about impacts on their community's character and livability. The opposition in both cases focused on quality of life issues, with residents advocating for protection of their neighborhood's residential nature against what they perceived as incompatible uses.

*Note: Specific timestamps and final outcomes for these contested items were not available in the provided meeting data.*

Approval of Variance for Shelby Marletta

3:00

The board considered a variance request from Shelby Marletta to increase the maximum number of parking spaces from two to four at 324 Aylesford Pl.

Marletta presented the request to the board, seeking approval to exceed the standard parking limitations for the property. The variance would allow for double the typical maximum parking allocation, increasing from two spaces to four spaces total.

The board approved the variance request, allowing Marletta to proceed with the increased parking capacity at the Aylesford Place location. No significant concerns or opposition were noted during the discussion of this item.

The variance approval enables the property at 324 Aylesford Pl. to accommodate four parking spaces rather than being limited to the standard maximum of two spaces.

Approval of Variance for Ricky Pope

6:00

The board considered a variance request for Ricky Pope regarding property at 159-161 Jefferson Street. The variance sought to reduce the required front yard setback from ten feet to zero feet for a proposed addition to the existing structure.

Ryan Clark presented the variance request to the board. The specific details of the proposed addition and the justification for eliminating the front yard setback requirement were discussed during the presentation.

The variance represents a complete waiver of the standard front yard setback requirement, which typically ensures adequate spacing between structures and the street right-of-way. Such variances are generally considered when unique property conditions or hardships make compliance with standard setback requirements impractical or unreasonable.

The board approved the variance request, allowing the property owner to proceed with the addition at 159-161 Jefferson Street without maintaining the standard ten-foot front yard setback. This approval enables construction to extend to the property line adjacent to the street.

The approval of this variance allows Ricky Pope to move forward with the planned addition under the modified setback requirements rather than the standard zoning regulations that would have required maintaining a ten-foot buffer from the front property line.

Approval of Conditional Use Permit for Nicole Seals

9:00

The meeting addressed a conditional use permit application submitted by Nicole Seals for an un-hosted short-term rental property located at 3104 Leestown Road.

Nicole Seals presented her application to the board, seeking approval to operate a short-term rental at the specified address. The permit would allow the property to be rented to guests on a temporary basis without the owner being present on-site during rentals.

The board reviewed the application and considered the proposal for the Leestown Road property. Following their deliberation, the conditional use permit for Nicole Seals was approved, allowing her to proceed with operating the un-hosted short-term rental at 3104 Leestown Road in accordance with applicable regulations and conditions.

Approval of Conditional Use Permit for Jessica Voigt

12:00

The meeting addressed a conditional use permit application submitted by Jessica Voigt to operate an accessory dwelling unit as a hosted short-term rental at 1859 Nicholasville Road.

Jessica Voigt presented her application to the board, seeking approval to use her accessory dwelling unit for short-term rental purposes. The permit would allow her to rent out the unit to guests while maintaining her primary residence on the property, qualifying it as a "hosted" short-term rental under local regulations.

The conditional use permit was approved by the board, allowing Voigt to proceed with operating the short-term rental at the specified address. This approval enables her to legally rent out the accessory dwelling unit to temporary guests while complying with local zoning requirements and short-term rental regulations.

The approval represents the board's determination that the proposed use meets the necessary criteria for a conditional use permit and is compatible with the surrounding neighborhood and zoning requirements.

Approval of Conditional Use Permit for Glock Nicholasville, LLC

15:00

The board considered a conditional use permit application from Glock Nicholasville, LLC for property located at 103 Westwood Drive. The request involved approval for an un-hosted short-term rental operation along with a variance to increase the number of parking spaces on the property.

Jason Taylor served as the key speaker presenting information about the application during the discussion. The conditional use permit would allow the property to operate as a short-term rental facility without requiring an on-site host to be present during guest stays.

In addition to the primary use permit, the application included a variance request to modify parking requirements. The variance would permit an increase in the number of parking spaces beyond what would typically be allowed under standard zoning regulations for the property.

The board reviewed the application and associated materials for the Westwood Drive location. Following the presentation and any discussion of the proposal, the conditional use permit for Glock Nicholasville, LLC was approved by the board.

The approval allows the applicant to proceed with operating the un-hosted short-term rental at 103 Westwood Drive under the conditions specified in the permit, including the approved variance for additional parking spaces on the property.

Approval of Conditional Use Permit for David Hauge

18:00

The meeting addressed a conditional use permit application submitted by David Hauge for an un-hosted short-term rental property located at 361-363 S. Upper St.

David Hauge presented his application to the board, seeking approval to operate a short-term rental at the specified address. The permit would allow the property to be rented to guests on a temporary basis without the owner being present on-site during rentals.

The board reviewed the application and considered the proposed use of the property at 361-363 S. Upper St. for short-term rental purposes. The conditional use permit would establish the regulatory framework for operating this type of accommodation business at the location.

Following the presentation and board discussion, the conditional use permit for David Hauge was approved. This approval allows him to proceed with operating an un-hosted short-term rental at 361-363 S. Upper St. under the conditions and requirements established by the permit.

The approval enables the property owner to legally rent the space to short-term guests while ensuring compliance with local zoning regulations and operational standards for this type of business use.

Approval of Conditional Use Permit for Harmony HB, LLC

21:00

The meeting addressed a resolution to approve an amendment to an existing conditional use permit for Harmony HB, LLC. The request involved modifying a conditional use permit for a place of religious assembly to allow construction of a detached accessory structure at 3330 Todds Road.

Jon Strom served as the key speaker presenting information about this agenda item to the governing body.

The proposed amendment would authorize the construction of an additional structure on the property that currently operates under a conditional use permit for religious assembly purposes. The detached accessory structure would be built in conjunction with the existing religious facility at the Todds Road location.

The resolution was approved by the meeting participants, allowing Harmony HB, LLC to proceed with their plans to construct the detached accessory structure as part of their religious assembly operations at 3330 Todds Road.

Approval of Conditional Use Permit for Keeneland Association

24:00

The council approved an amendment to an existing conditional use permit for Keeneland Association's horse race track facility located at 3801-4081 and 4251 Versailles Road. The proposal included both modifications to the conditional use permit and a variance to increase building height at the property.

Nick Nicholson served as the key speaker presenting this agenda item to the council. The request involved changes to the existing conditional use permit that governs operations at the horse racing facility, along with provisions to allow for increased building height beyond current zoning restrictions.

The properties affected by this permit amendment span multiple addresses along Versailles Road, indicating the substantial scope of Keeneland Association's facilities in the area. The conditional use permit amendment and height variance were presented as a combined request to the council for consideration.

Following the presentation and any discussion, the council voted to approve both the conditional use permit amendment and the building height variance for Keeneland Association. The approval allows the organization to proceed with their proposed modifications to the existing horse race track operations and any associated construction or facility improvements that require the increased building height allowance.

The successful approval of this agenda item demonstrates the council's support for Keeneland Association's continued operations and development plans at their Versailles Road location.

Approval of Conditional Use Permit for LSC Facilities Holding Company, LLC

27:00

The meeting addressed a resolution to approve amendments to a conditional use permit for LSC Facilities Holding Company, LLC at 250 Doe Run Trail. The proposed amendments involved outdoor recreational facilities and included a variance for lighting height requirements.

Charlotte McIlwain served as the key speaker for this agenda item, presenting the details of the conditional use permit amendment request to the governing body.

The application specifically sought approval for outdoor recreational facilities at the Doe Run Trail location, along with a variance that would allow for lighting installations at heights that exceed standard municipal requirements. The lighting variance was likely necessary to accommodate the operational needs of the outdoor recreational facilities while ensuring adequate illumination for safety and functionality.

Following the presentation and any discussion that may have occurred, the governing body voted to approve the conditional use permit amendments as requested. The approval allows LSC Facilities Holding Company, LLC to proceed with their planned outdoor recreational facilities at 250 Doe Run Trail under the modified permit conditions, including the approved lighting height variance.

The successful approval of this conditional use permit represents the completion of the municipal review process for this development project, enabling the company to move forward with construction and operation of their outdoor recreational facilities at the specified location.

Approval of Variance for Chris Fielder

33:00

The board considered a variance request from Chris Fielder to reduce the required front yard setback for a circular driveway at 1929 Alexandria Dr.

Chris Fielder presented the request to the board, seeking approval to modify the standard setback requirements to accommodate the proposed circular driveway design on his property.

The variance was approved by the board, allowing the reduced front yard setback for the circular driveway project at the Alexandria Drive location.

Approval of Conditional Use Permit for 341 Sherman Ave, LLC

36:00

The meeting addressed a resolution to approve a conditional use permit for 341 Sherman Ave, LLC to operate an un-hosted short-term rental at 341 Sherman Avenue.

Seth Hillenmeyer served as the key speaker for this agenda item, presenting the details of the conditional use permit application to the governing body.

The permit specifically covers authorization for an un-hosted short-term rental operation, which would allow the property to be rented to guests without the owner being present on-site during stays. This type of rental arrangement typically requires special municipal approval through the conditional use permit process.

Following the presentation and any discussion that may have occurred, the governing body voted to approve the conditional use permit for 341 Sherman Ave, LLC. The approval allows the applicant to move forward with operating the short-term rental business at the specified address, subject to any conditions that may have been attached to the permit.

The successful approval of this conditional use permit enables 341 Sherman Ave, LLC to legally operate their un-hosted short-term rental business in compliance with local zoning and regulatory requirements.

Approval of Conditional Use Permit for Calvin Andries

39:00

The meeting addressed a conditional use permit application submitted by Calvin Andries for an un-hosted short-term rental property located at 640 Declaration Court.

Calvin Andries presented his application to the board, seeking approval to operate a short-term rental at the specified address. The permit would allow the property to be rented to guests on a short-term basis without the owner being present on-site during rentals.

The board reviewed the application and considered the proposal for the Declaration Court property. The conditional use permit process requires property owners to obtain specific approval for short-term rental operations, which are subject to local zoning regulations and operational requirements.

Following the presentation and board discussion, the conditional use permit for Calvin Andries was approved. This approval allows him to proceed with operating an un-hosted short-term rental at 640 Declaration Court, subject to compliance with applicable local regulations and any conditions specified in the permit.

The approval represents the successful completion of the conditional use permit process for this particular short-term rental application.