Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on February 12, 2024, at 1:35 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed seven agenda items, including the approval of minutes, public hearings on zoning appeals, and various board and staff informational items. During the session, the board conducted 16 motions and votes on various matters before them. The meeting included significant public participation, with 9 public comments heard throughout the proceedings, primarily during the public hearing portion on zoning appeals. The board successfully completed its business agenda, covering both administrative matters and substantive zoning appeal cases that required board consideration and action.

Attendance

The following members were present at the February 12, 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 multiple items during the February 12, 2024 meeting, with varying outcomes across different applications.

Meeting Minutes and Short-Term Rental Applications

The board unanimously approved the November 2023 meeting minutes on a motion by Harry Clarke, seconded by Linda Tucker 0:30.

For short-term rental applications, the board approved PLN-BOA-23-00101 for Sidney Beaven unanimously, limiting occupancy to 12 individuals 1:30. PLN-BOA-24-00004 for AR Nicholasville Rd, LLC was also approved unanimously with occupancy limited to 20 individuals 4:00. PLN-BOA-24-00003 for Katelyn Yackney passed unanimously with occupancy limited to 4 individuals 10:00.

However, two short-term rental applications were denied. PLN-BOA-23-00107 for Mike Adams failed on a 4-3 roll call vote, with Raquel Carter, Carolyn Plumlee, Bob Sturdivant, and Linda Tucker voting against, while Harry Clarke, Branden Gross, and Chad Walker voted in favor 2:30. The board then voted 6-1 to formally disapprove the application, with only Branden Gross dissenting, citing concerns about occupancy being too high for the square footage and single bathroom 3:30.

PLN-BOA-24-00001 for Liz Rogers was also disapproved 6-1, with Branden Gross as the sole dissenting vote. The denial was based on safety concerns regarding proximity to an elementary school and location on a one-way street 9:30.

Red Draw Delaware Variances

For PLN-BOA-23-00045, the board approved four of six requested variances for Red Draw Delaware, LLC. Variance #1 (reducing buffer width to zero feet), Variance #3 (reducing tree canopy from 30% to 17%), and Variance #4 (reducing open space to 6%) all passed unanimously [timestamps: 05:00, 06:00, 06:30]. Variance #5 (reducing minimum dimension from 10' to 5') initially failed 4-3 but passed 4-3 on a second motion [timestamps: 07:00, 07:30]. Variance #6 (reducing vegetated open space from 10% to 8%) passed 4-3 8:00. Only Variance #2 (reducing interior landscape area from 10% to 8%) failed, receiving only 4 votes when 5 were needed 5:30.

Public Comment

Nine residents spoke during the public comment period, with eight opposing a proposed un-hosted short-term rental and one speaking in support of the property owners.

Opposition to Short-Term Rental

Tom opened the comments 11:00 expressing concern about converting single-family homes into un-hosted short-term rentals, citing loss of community and increased housing prices. Dean followed 11:30 with concerns about parking, management, and safety for children regarding the proposed short-term rental on Hambrick Avenue.

Christine Warner 12:00 focused specifically on safety concerns for children due to the rental's proximity to an elementary school. Shannon 12:30 shared traffic safety concerns and recounted a negative interaction with the property owner.

Carl 13:00 raised issues about noise from the driveway and challenges of screening guests at the proposed rental. Shane Okurer 13:30 expressed concerns about the character of the property managers and neighborhood safety.

Tommy Ross 14:00 discussed broader neighborhood impacts, including increased property prices and loss of community cohesion. John Grimes 14:30 opposed un-hosted short-term rentals generally, citing their negative effects on neighborhoods and housing availability.

Support for Property Owners

Sidney Beaven 15:00 provided the sole voice of support, speaking positively about the character of the property owners, Liz and Kenny Rogers.

The comments revealed consistent themes among opponents: safety concerns related to children and traffic, parking and management issues, noise concerns, and broader worries about community character and housing affordability. The concentration of opposition centered around a specific property on Hambrick Avenue and its proximity to an elementary school.

Contested Items

The February 12, 2024 meeting featured two conditional use permit applications that generated significant debate and opposition.

Mike Adams Conditional Use Permit 3:00

The Board faced internal division over Mike Adams' conditional use permit application for a short-term rental. The primary point of contention centered on establishing an appropriate occupancy limit for the property. Board members could not reach consensus on this critical aspect of the permit conditions, leading to multiple failed motions as different occupancy numbers were proposed and voted down. The disagreement ultimately resulted in the application being disapproved due to the Board's inability to agree on suitable terms.

Liz Rogers Conditional Use Permit 9:00

Liz Rogers' conditional use permit application encountered substantial community opposition that dominated the discussion. Residents and community members raised concerns about two primary issues: safety implications of the proposed use and potential negative impacts on neighborhood character. The community opposition was described as significant, indicating multiple speakers or written comments expressing these concerns. The nature and extent of this public opposition became a major factor in the Board's consideration of the application.

Both contested items highlight common challenges in land use decision-making, where Board members must balance applicant requests with community concerns and regulatory requirements. The split vote on the Adams application demonstrates how technical details like occupancy limits can become divisive issues among decision-makers, while the Rogers application illustrates how community input can significantly influence the permit review process when residents mobilize around safety and quality-of-life concerns.

Call to Order

Chair Raquel Carter called the meeting to order at 1:35 p.m. 0:00

This was a standard procedural opening to begin the official proceedings of the meeting held on February 12, 2024.

Approval of Minutes

0:30

The Board considered the approval of minutes from their November 2023 meeting as the second agenda item. The discussion involved three key speakers: Raquel Carter, Harry Clarke, and Linda Tucker.

The minutes from the November 2023 meeting were presented to the Board for review and approval. The Board members discussed the contents of the minutes to ensure accuracy and completeness of the record from their previous meeting.

Following the discussion among the Board members, the minutes from the November 2023 meeting were approved by the Board.

Public Hearing on Zoning Appeals

1:00

The Board conducted a public hearing on various zoning appeals during agenda item III. The hearing addressed multiple requests including variance applications and conditional use permits from property owners seeking exceptions to existing zoning regulations.

Key speakers during the hearing included Raquel Carter, Harry Clarke, and Branden Gross, who presented their respective cases to the Board. Each speaker outlined their specific zoning requests and provided justification for why their applications should be approved.

The appeals covered a range of zoning matters, with applicants seeking relief from current zoning restrictions for their properties. The Board reviewed each case individually, considering the merits of the requests and their potential impact on surrounding properties and the community.

The outcomes of the various appeals were mixed, with the Board reaching different decisions on individual cases based on their specific circumstances and compliance with zoning criteria. Some appeals were approved while others may have been denied or required additional review.

The public hearing format allowed for community input and ensured transparency in the zoning appeal process, giving both applicants and interested parties the opportunity to present their positions before the Board made its determinations.

Board Items

16:00

Chair Raquel Carter opened the Board Items section by announcing that any items Board members wished to present would be heard during this portion of the meeting. This agenda item served as an opportunity for individual Board members to bring forward matters for discussion or consideration by the full Board.

No specific items were presented by Board members during this section of the meeting. The agenda item was informational in nature, with Chair Carter simply providing the opportunity for Board member input and discussion of any matters they wished to raise.

This section represents a standard practice in Board meetings to ensure all members have the opportunity to bring forward items of concern or interest that may not have been included in the formal agenda.

Staff Items

16:30

Chair Raquel Carter announced that agenda item V would provide an opportunity for any staff member to present items to the board. Carter indicated that the floor was open for staff members who wished to bring forward any matters for discussion or information.

No staff members came forward to present items during this portion of the meeting. The agenda item served as a standing opportunity for staff input but resulted in no presentations or discussions.

This was an informational item with no action required by the board.

Next Meeting Date

17:00 Raquel Carter announced the date for the next meeting during this agenda item. The upcoming meeting is scheduled for March 11, 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 5:30 PM 17:30. No additional discussion or procedural matters were addressed during the adjournment process.