Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on December 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 seven agenda items during the session, including the approval of minutes from a previous meeting and conducting public hearings on zoning appeals. Throughout the meeting, the board took 13 votes on various matters and heard from 2 members of the public during the comment period. The meeting followed standard procedural format, beginning with a call to order and concluding with adjournment after addressing both board items and staff items on the agenda.

Attendance

The meeting on December 11, 2023 had the following attendance:

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

Absent: • Harry Clarke

Late: • Branden Gross

Five members were present at the start of the meeting, with one member arriving late and one member absent.

Votes and Decisions

The Board of Adjustment conducted 13 votes during the December 11, 2023 meeting, with most items receiving unanimous approval.

Administrative Items The board unanimously approved the September 2023 Board of Adjustment minutes on a motion by Linda Tucker, seconded by Carolyn Plumlee 0:30.

Postponements Two items were postponed unanimously. Case PLN-BOA-23-00045, a variance request by RED DRAW DELAWARE, LLC, was postponed on a motion by Bob Sturdivant, seconded by Carolyn Plumlee 1:30. Case PLN-BOA-23-00083, Joe Rayyan's variance request to reduce gasoline pump setbacks, was also postponed on a motion by Branden Gross 9:30.

Variance Approvals Five variance requests received unanimous approval: - PLN-BOA-23-00068: Matthew Deluca's rear yard setback reduction 2:30 - PLN-BOA-23-00085: Gibson, Taylor, Thompson Architecture's side yard reduction for a deep building 3:30 - PLN-BOA-23-00092: Ramon Hernandez's side yard setback reduction for a carport 4:30 - PLN-BOA-23-00094: Joseph Costa's accessory structure size increase 5:30 - PLN-BOA-23-00090: Anne Ramirez's driveway paving setback reduction 10:30

Conditional Use Permits Traditional Bank's drive-through facilities request (PLN-BOA-23-00073) passed unanimously 6:30.

Three short-term rental applications had mixed results. Maryland Avenue Getaway, LLC (PLN-BOA-23-00088) passed 4-2, with Carter, Gross, Sturdivant, and Walker voting yes; Plumlee and Tucker voting no 7:30. Nicolle Girves' application (PLN-BOA-23-00091) passed 5-1, with only Gross voting against 12:30. However, Phillip Petrie's request (PLN-BOA-23-00086) failed 3-2 with one abstention, as Carter, Sturdivant, and Gross voted against 11:30.

Jessica Justice's home-based beauty salon (PLN-BOA-23-00093) passed 4-2, with the same voting pattern as the Maryland Avenue case 8:30.

Public Comment

Two residents addressed the board during the public comment period to express concerns about pending applications.

Boyd Sheerer spoke regarding the variance request submitted by Anne Ramirez 10:00. Sheerer raised concerns about potential stormwater runoff issues that could affect his property if the proposed driveway paving project moves forward. He expressed worry about how the additional impervious surface could impact drainage patterns in the area.

David Burdette addressed the conditional use permit request by Nicolle Girves 12:00. Burdette voiced concerns about ongoing changes in his neighborhood due to the proliferation of short-term rental properties. He also mentioned safety concerns related to other properties in the surrounding area, though he did not specify the exact nature of these safety issues during his comments.

Both speakers appeared to be directly affected neighbors seeking to have their concerns considered as part of the board's review process for the respective applications.

Contested Items

Two conditional use permit requests for short-term rentals generated significant debate during the December 11, 2023 meeting, resulting in split decisions from the board.

Maryland Avenue Getaway, LLC Conditional Use Permit

The request by Maryland Avenue Getaway, LLC for a conditional use permit to operate an un-hosted short-term rental faced opposition from board members, ultimately passing by a narrow 4-2 vote. The split decision indicates substantial disagreement among board members regarding the appropriateness of approving this particular short-term rental application, though the specific concerns raised by the dissenting members were not detailed in the available materials.

Phillip Petrie Conditional Use Permit

The conditional use permit request by Phillip Petrie for an un-hosted short-term rental was denied following community opposition. The denial was specifically attributed to concerns about gentrification and displacement effects in what was identified as a priority area. This case highlighted tensions between property development interests and community preservation efforts, with opponents arguing that additional short-term rentals could contribute to housing displacement and neighborhood gentrification pressures.

The contrasting outcomes of these two similar requests - one approved by a slim margin and one denied due to community concerns - illustrate the complex considerations involved in short-term rental permitting decisions. Factors such as location designation (priority area status), community input, and potential neighborhood impacts appear to have played significant roles in the board's deliberations and final determinations on these applications.

Call to Order

Chair Raquel Carter called the meeting to order at 1:30 p.m. 0:00

This agenda item served as the formal opening of the December 11, 2023 meeting, with Chair Carter presiding over the proceedings. The call to order marked the official beginning of the session and established the meeting as properly convened.

Approval of Minutes

0:30

The Board of Adjustment considered approval of the minutes from their September 2023 meeting during agenda item II.

Linda Tucker and Carolyn Plumlee were the key speakers during this discussion. The board reviewed the previously distributed minutes from the September 2023 Board of Adjustment meeting for accuracy and completeness.

The September 2023 Board of Adjustment minutes were approved by the board without any noted corrections or amendments to the record.

Public Hearing on Zoning Appeals

1:00

The board conducted a public hearing on various zoning appeals during agenda item III. The discussion covered multiple variance and conditional use permit requests that had been submitted for consideration.

Key speakers during this portion of the meeting included Raquel Carter and Meghan Jennings, who presented information regarding the pending zoning appeals. The hearing provided an opportunity for public input on the various requests before the board.

The appeals under consideration included both variance requests, which seek relief from specific zoning requirements, and conditional use permit applications for proposed land uses that require special approval under the zoning code.

This agenda item served an informational purpose, allowing the board and public to review and discuss the merits of the various zoning appeals. The hearing format enabled stakeholders to present their positions and concerns regarding the proposed zoning modifications and special use requests.

The public hearing concluded without formal action being taken on the individual appeals, as this portion of the meeting was designed to gather information and public input rather than render final decisions on the zoning matters.

Board Items

13:00 Chair Raquel Carter opened the Board Items section by announcing that any items a Board member wished to present would be heard during this portion of the meeting.

No board members brought forward any items for discussion during this agenda segment. The section served as an opportunity for board members to raise additional matters not covered elsewhere on the agenda, but no such items were presented.

This agenda item was informational in nature, providing a designated time for board member-initiated discussions or presentations that might arise outside of the formal agenda structure.

Staff Items

13:30

Chair Raquel Carter announced that any items a staff member wished to present would be heard during this portion of the meeting. This agenda item was designated as a discussion period to allow staff members the opportunity to bring forward matters for the board's consideration.

No staff members came forward to present items during this time. The Chair's announcement served as an open invitation for staff to address the board, but no presentations or discussions occurred under this agenda item.

This item was informational in nature, providing a structured opportunity for staff input during the meeting proceedings.

Next Meeting Date

14:00 Raquel Carter announced the date for the next meeting during this agenda item. The upcoming meeting is scheduled for January 8, 2024, at 1:30 p.m.

This was an informational announcement with no discussion or debate required from the meeting participants.

Adjournment

The meeting was formally adjourned by Raquel Carter at approximately 14:30 14:30. No additional discussion or business was conducted during this agenda item, and the meeting concluded without further proceedings.