Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on January 8, 2024, at 1:38 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, all involving various zoning and development requests from local businesses and property owners. During the session, the board conducted 10 motions and votes while hearing 8 public comments from community members regarding the proposed projects.

The meeting resulted in six approvals and one denial among the cases presented. The approved items included requests from Turner Properties 4, LLC (PLN-BOA-23-00105), Central KY Investments (PLN-BOA-23-00087), Noodles & Company (PLN-BOA-23-00097), Discount Tobacco Zone Number 1, LLC (PLN-BOA-23-00098), Bowman's Traveller (PLN-BOA-23-00099), and Khoudoud and Souad Abul (PLN-BOA-23-00102). The sole denial was issued for the request submitted by Joe Rayyan (PLN-BOA-23-00083), which was listed as an amendment case. The board's decisions demonstrate active consideration of various commercial and property development proposals throughout the Lexington area, with public input playing a role in the deliberation process.

Attendance

The following members were present at the January 8, 2024 meeting:

Present: • Raquel Carter • Harry Clarke • Branden Gross • Carolyn Plumlee • Bob Sturdivant • Linda Tucker • Chad Walker

Absent: None

Late: None

All seven members were in attendance for this meeting, with no absences or late arrivals recorded.

Votes and Decisions

The Board of Adjustment took action on ten items during the January 8, 2024 meeting, with seven members present: Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker.

Administrative and Postponements

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

Two cases were postponed unanimously. PLN-BOA-23-00045, RED DRAW DELAWARE, LLC's variance requests, was postponed on a motion by Branden Gross, seconded by Carolyn Plumlee 2:00. PLN-BOA-23-00106, SOUTH CENTRAL BANK, INC.'s conditional use request, was also postponed on a motion by Branden Gross, seconded by Carolyn Plumlee 4:00.

Approved Applications

Five applications received unanimous approval:

• PLN-BOA-23-00105: TURNER PROPERTIES 4, LLC variance requests, approved with conditions requiring a five-foot buffer with double-row hedge between residential structures and railroad 6:00

• PLN-BOA-23-00087: CENTRAL KY INVESTMENTS conditional use permit for short-term rental, limited to 2 occupants 8:00

• PLN-BOA-23-00097: NOODLES & COMPANY conditional use permit, with restrictions on drive-through menu boards and amplified devices 10:00

• PLN-BOA-23-00098: DISCOUNT TOBACCO ZONE NUMBER 1, LLC conditional use permit, requiring removal of Morrison Avenue curb cut nearest North Broadway 12:00

Split Decisions

Three applications required roll call votes:

• PLN-BOA-23-00083: JOE RAYYAN (AMD) variance requests failed 4-3, with Carter, Plumlee, Tucker, and Walker voting for disapproval 14:00

• PLN-BOA-23-00099: BOWMAN'S TRAVELLER conditional use permit passed 4-3, with Carter, Clarke, Gross, and Walker voting in favor 16:00

• PLN-BOA-23-00102: KHOUDOUD AND SOUAD ABUL conditional use permit passed 5-2, with Carter, Clarke, Gross, Plumlee, and Walker voting in favor 18:00

Public Comment

Eight residents addressed the board during the public comment period, speaking on three main applications under consideration.

JOE RAYYAN (AMD) Application

Multiple speakers addressed concerns about the JOE RAYYAN (AMD) variance application. Ellie Wahlberg 6:30 questioned the proposed buffer reduction from 15 feet to 0 feet, asking whether this would eliminate the buffer entirely. Thomas Melody 14:30 opposed the variance, citing concerns about noise, lighting, and the proximity of gas pumps to his property. Glenna Baker 15:00 expressed worries about traffic cutting through her property and emphasized the need for a six-foot fence to prevent this issue. Carmen Calvin 15:30 also opposed the gas pump expansion, specifically highlighting increased traffic and lighting problems.

In contrast, Bruce Nicol 16:00 spoke in support of the JOE RAYYAN (AMD) expansion, emphasizing the business's importance to the community.

BOWMAN'S TRAVELLER Application

Two speakers addressed the BOWMAN'S TRAVELLER short-term rental application. Meredith Edwards 16:30 raised procedural concerns about the application, questioning ownership details and compliance with local regulations. Thomas Edwards 17:00 opposed the short-term rental application, citing potential negative impacts on property values and neighborhood character.

KHOUDOUD AND SOUAD ABUL Application

Ellen Parker 19:00 spoke against the short-term rental application for KHOUDOUD AND SOUAD ABUL, expressing concerns about neighborhood stability and parking issues.

The public comments reflected a mix of procedural questions, neighborhood impact concerns, and both opposition to and support for the proposed developments and business expansions.

Contested Items

Three applications faced significant community opposition during the January 8, 2024 meeting.

JOE RAYYAN (AMD) Variance Requests Community members voiced strong concerns about JOE RAYYAN's variance application for additional gasoline pumps at an AMD location. Residents cited multiple issues including potential noise impacts, lighting concerns, and safety considerations related to the proposed expansion. The community opposition focused on how the additional pumps might affect the surrounding neighborhood's quality of life and safety conditions.

BOWMAN'S TRAVELLER Short-Term Rental The BOWMAN'S TRAVELLER short-term rental application drew opposition from neighboring residents. Community members expressed concerns that the proposed short-term rental operation could negatively impact local property values and alter the established character of their neighborhood. Neighbors argued that converting the property to short-term rental use would be incompatible with the residential nature of the area.

KHOUDOUD AND SOUAD ABUL Short-Term Rental KHOUDOUD AND SOUAD ABUL's short-term rental application also faced resistance from area residents. The community opposition centered on two primary concerns: potential impacts on neighborhood stability and anticipated parking problems. Residents worried that the transient nature of short-term rental guests could disrupt the established residential community, while also creating additional demand for limited parking spaces in the area.

All three contested items involved applications that community members felt would negatively impact their neighborhoods, whether through operational concerns like noise and safety, or through broader issues related to neighborhood character and stability. The opposition in each case came from local residents and neighbors who would be directly affected by the proposed changes.

PLN-BOA-23-00105: TURNER PROPERTIES 4, LLC

6:00

The Board of Adjustment reviewed case PLN-BOA-23-00105 submitted by Turner Properties 4, LLC requesting variances for a mixed-use development project. The applicant sought to reduce required property perimeter landscaping adjoining a railroad and reduce the vehicular use area perimeter buffer requirements.

Zach Cato served as the key speaker presenting information about the variance request. The proposed variances would allow Turner Properties 4, LLC to proceed with construction of their mixed-use development while reducing the standard landscaping and buffer requirements that would typically apply to properties adjacent to railroad corridors and vehicular use areas.

The Board of Adjustment approved the variance request, allowing Turner Properties 4, LLC to move forward with their mixed-use development project under the modified landscaping and buffer requirements. The approval enables the applicant to construct their project with the reduced perimeter landscaping and vehicular use area buffer standards rather than adhering to the full requirements typically mandated by the zoning code.

This variance approval represents a modification to standard development requirements to accommodate the specific circumstances of the Turner Properties 4, LLC mixed-use project while maintaining appropriate development standards for the site.

PLN-BOA-23-00087: CENTRAL KY INVESTMENTS

8:00

Central KY Investments requested a conditional use permit for an un-hosted short-term rental property located within a Historic District Overlay zone. The application was designated as PLN-BOA-23-00087 and came before the board for consideration.

Drew Baldinger served as the key speaker presenting information about this conditional use permit request. The proposal involved establishing a short-term rental operation where the property owner would not be present during guest stays, which requires special approval in the Historic District Overlay zone due to additional regulatory considerations for historic properties.

The board reviewed the application materials and discussed the merits of allowing the un-hosted short-term rental use in this particular historic district location. The conditional use permit process allows the board to evaluate whether the proposed use is appropriate for the specific site and surrounding neighborhood context.

Following their deliberation of the application details and any relevant zoning considerations, the board voted to approve the conditional use permit for Central KY Investments. This approval allows the applicant to proceed with operating the un-hosted short-term rental property in compliance with the established conditions and requirements for such uses within the Historic District Overlay zone.

The approval enables Central KY Investments to move forward with their short-term rental business plan while ensuring the use remains compatible with the historic character and residential nature of the surrounding district.

PLN-BOA-23-00097: NOODLES & COMPANY

10:00

The Board of Adjustment reviewed a conditional use permit application from Noodles & Company to establish drive-through facilities accessory to a restaurant operation. The application was identified as PLN-BOA-23-00097.

Tyler West served as a key speaker during the discussion of this agenda item. The request centered on adding drive-through service capabilities to complement the restaurant's existing operations.

The board considered the conditional use permit application, which would allow Noodles & Company to operate drive-through facilities in conjunction with their restaurant services. This type of accessory use requires special approval through the conditional use permit process to ensure compatibility with surrounding land uses and compliance with local zoning requirements.

Following their review and discussion of the application, the Board of Adjustment approved the conditional use permit for Noodles & Company. The approval allows the restaurant to move forward with establishing drive-through facilities as an accessory use to their primary restaurant operation.

The conditional use permit approval enables Noodles & Company to enhance their service offerings by providing customers with drive-through convenience while maintaining their sit-down restaurant operations.

PLN-BOA-23-00098: DISCOUNT TOBACCO ZONE NUMBER 1, LLC

12:00

The Board of Adjustment reviewed application PLN-BOA-23-00098 submitted by Discount Tobacco Zone Number 1, LLC for a conditional use permit to establish drive-through facilities accessory to a retail use.

Kimberly Bragg served as the key speaker presenting information on this agenda item during the discussion phase.

The application sought approval to add drive-through service capabilities to complement the existing retail tobacco operations. This type of conditional use permit is required when businesses want to incorporate drive-through facilities as an accessory service to their primary retail function.

Following the presentation and discussion of the application details, the Board of Adjustment voted to approve the conditional use permit for Discount Tobacco Zone Number 1, LLC. The approval allows the business to proceed with establishing the requested drive-through facilities in conjunction with their retail operations.

The specific terms, conditions, or requirements attached to the approval were not detailed in the available meeting data, though such permits typically include provisions related to traffic flow, operational hours, and compliance with local zoning regulations.

PLN-BOA-23-00083: JOE RAYYAN (AMD)

14:00

The Board of Adjustment considered a variance request from Joe Rayyan (AMD) to reduce required setbacks for a gasoline pump and landscaping buffers in order to install an additional gasoline pump at the property.

Richard Murphy served as a key speaker during the discussion of this agenda item. The applicant sought variances that would allow for reduced setback requirements from the standard regulations, specifically targeting the placement of gasoline pumping equipment and associated landscaping buffer zones.

The request centered on the need to accommodate an additional fuel pump on the property, which would require modifications to the existing site layout and compliance with standard setback requirements. The variances would have allowed the applicant to place the gasoline pump closer to property boundaries than typically permitted under current zoning regulations.

The Board ultimately denied the variance request. The denial indicates that the Board determined the applicant did not meet the necessary criteria for granting the requested variances, which typically include demonstrating practical difficulties, showing the request is not contrary to public interest, and proving the variances would not alter the essential character of the neighborhood.

The decision prevents the installation of the additional gasoline pump under the proposed configuration that would have required reduced setbacks for both the pump equipment and landscaping buffers.

PLN-BOA-23-00099: BOWMAN'S TRAVELLER

16:00

The Board of Adjustment reviewed application PLN-BOA-23-00099 for Bowman's Traveller, which requested a conditional use permit for an un-hosted short-term rental in a Single Family Residential zone.

Timothy Rice served as the key speaker presenting this agenda item to the board. The application sought approval to operate a short-term rental property without on-site hosting in an area zoned for single-family residential use, which requires conditional use permit approval under local zoning regulations.

The board reviewed the application materials and considered the proposal's compliance with zoning requirements and potential impacts on the surrounding residential neighborhood. Short-term rental applications in single-family zones typically require evaluation of factors such as parking availability, neighborhood character preservation, and adherence to operational standards.

Following discussion and consideration of the application details, the Board of Adjustment approved the conditional use permit for Bowman's Traveller. The approval allows the property to operate as an un-hosted short-term rental in the Single Family Residential zone, subject to any conditions or requirements established by the board during their review process.

This approval represents one of several land use matters considered by the Board of Adjustment during the meeting, demonstrating the ongoing evaluation of short-term rental requests in residential areas as communities balance tourism accommodation needs with neighborhood preservation concerns.

PLN-BOA-23-00102: KHOUDOUD AND SOUAD ABUL

18:00 The Board of Appeals considered a conditional use permit application from Khoudoud and Souad Abul for an un-hosted short-term rental property located in a Neighborhood Design Character Overlay zone.

Khoudoud Abul presented the application to the board, requesting permission to operate a short-term rental without on-site hosting. The property is subject to the Neighborhood Design Character Overlay requirements, which impose additional design and operational standards to maintain neighborhood compatibility.

The application represents a request for conditional use approval, indicating that short-term rentals in this zoning designation require special consideration and board approval rather than being permitted by right. Un-hosted short-term rentals typically involve properties rented to guests without the property owner being present on-site during the rental period.

Following the presentation and board discussion, the conditional use permit application PLN-BOA-23-00102 was approved. The approval allows Khoudoud and Souad Abul to proceed with operating their un-hosted short-term rental in compliance with the Neighborhood Design Character Overlay zone requirements and any conditions that may have been attached to the permit approval.