Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on September 26, 2008, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Louis Stout presided over the meeting, which included 12 agenda items addressing variances, conditional use requests, and administrative reviews. The board took 14 motions and votes during the session and heard 6 public comments.

Of the 12 items on the agenda, the board approved 8 requests, postponed 2 items, and saw 1 item withdrawn. Approved variances included requests from Denise E. Shanks to reduce side yard requirements for a detached garage, Shady Hills Development to reduce rear yard for a deck, and Geddes Pools, Inc. to reduce side street side yard for a pool. The board also approved five conditional use requests: W.D. Thomas and New Vine Baptist Church for parking lot expansion, Evelyn A. Johnson to establish a child care center, Morgan Properties, Inc. to construct a church with accessory parking, Jason Sheer to allow live entertainment at a restaurant, Mac Bailey to establish a church in an existing building, and Imani Missionary Baptist Church to establish a child care facility. Two items were postponed: Carmax Auto Superstores, Inc.'s variance request to reduce interior landscaping and relocate to the parking lot, and Panagia Pantovasilissa Greek Orthodox Church's conditional use and variance request for church expansion. AA Graphics' administrative review for a larger sign was withdrawn.

Attendance

The following individuals were present at the meeting on September 26, 2008:

• Louis Stout
• Mike Owens
• Joanne Bell
• L. Michael Owens
• Chris Howard
• Arthur Zensky
• Tony Barrett
• Dick Murphy
• Ray Denny
• Andy Holmes
• Megan Smedley
• Don Floyd
• Lauren Donahue
• Andrew Moore
• Joe Bologna
• Janice Meyer

No absences or late arrivals were recorded.

Votes and Decisions

The Board took action on 14 motions during this meeting, approving 11 conditional use permits and variances, postponing 2 items, and withdrawing 1 appeal.

Variances Approved:

Motion V-2008-88 to approve a variance for Denise E. Shanks to reduce the side yard for a detached garage from 18 inches to 12 inches in an R-2 zone passed by voice vote [0:22:12]. The garage must be rebuilt in accordance with the submitted application and site plan, with all necessary permits obtained from the Division of Building Inspection prior to demolition and construction.

Motion V-2008-89 to approve a variance for Shady Hills Development to reduce the rear yard from 25 feet to 14 feet to allow a deck to remain as built in an R-3 zone passed by voice vote [1:10:22]. The deck may remain where constructed, subject to modifications required by impacted utilities. Encroachment agreements must be obtained from LFUCG and area utility companies within 30 days.

Motion V-2008-90 to approve a variance for Geddes Pools, Inc. to reduce the side street side yard from 30 feet to 27 feet to retain a recently constructed pool in an R-1D zone passed by voice vote [0:26:01]. The pool may remain where constructed, and the variance is solely for allowing the pool to remain in its current location.

Postponements:

Motion V-2008-67 to postpone the CarMax Auto Superstores, Inc. variance appeal for reduction of interior landscaping and relocation to parking lot was postponed by voice vote [0:20:04].

Motion CV-2008-24 to postpone the Greek Orthodox Church conditional use and variance appeal for church expansion and parking distance increase was postponed by voice vote [1:13:45].

Appeal Withdrawal:

Motion A-2008-87 to withdraw the appeal by AA Graphics for administrative review of tree standing sign size was withdrawn by voice vote [1:04:51].

Conditional Use Permits Approved:

Eleven conditional use permits were approved by voice vote, including permits for child care centers, churches, home occupations, and restaurant expansion, each with specific conditions regarding occupancy permits, landscaping, parking, and operational requirements.

Public Comment

Six members of the public addressed the board during this meeting.

Appreciation for Service

Joanne Bell 4:46 expressed gratitude for the opportunity to serve on the Board of Adjustments and praised the community impact of the board's work, highlighting the importance of neighborhood involvement and mediation.

L. Michael Owens 9:22 thanked the board and staff for their support during his tenure, with particular appreciation for the planning and building staff and acknowledgment of the professionalism of regular presenters.

Church Expansion

Reverend Byron Cooper 54:33 explained the church's anticipated growth based on outreach to formerly incarcerated individuals and emphasized the need for future expansion. He agreed to the current 45-seat limit.

Stormwater and Property Concerns

Gay Granville Hoffman 1:21:33 expressed satisfaction with the proposed stormwater management plan but raised concerns about drainage basins potentially encroaching on Mr. Beatty's property, which was later addressed.

Don Floyd 1:33:40 stated he had no objections after discussions with the church team and confirmed understanding of the proposed stormwater and fencing changes.

Traffic Concerns

Joe Bologna 1:42:00 voiced concern about traffic congestion on Jersey Street due to the proposed parking and entrance changes, particularly the closure of the Maxwell Street entrance.

Appointments

The following changes to board appointments were noted:

• Joanne Bell resigned from the Board of Adjustment
• L. Michael Owens resigned from the Board of Adjustment

Contested Items

Mac Bailey Church Occupancy Limit

The applicant for Mac Bailey church requested an increase in the facility's occupancy limit from 45 to 140 people, citing additional parking availability as justification for the expansion. The Board refused this request, determining that the increase was too substantial to approve without proper procedural safeguards. The Board cited two primary reasons for denial: inadequate notice had been provided to neighboring property owners, and the Board lacked legal authority to approve such a large occupancy increase without conducting new neighbor notification procedures.

Stormwater Management and Property Line Encroachment

A procedural dispute emerged regarding proposed stormwater drainage basins that risked encroaching onto adjacent properties. The Board expressed concern about the potential impact on neighboring landowners and their property rights. To address this issue, the Board imposed a new condition on the project requiring written permission from all adjacent property owners before any drainage work could proceed. This requirement ensured that affected neighbors would have explicit opportunity to consent to or object to any encroachment on their land.

Greek Orthodox Church Appeal Postponement

The Board expressed significant frustration with the Greek Orthodox Church's handling of its appeal process. The church had requested multiple postponements of its hearing, and the Board found the applicant unprepared to proceed with adequate documentation. The Board directed the church to submit complete and thorough documentation for its appeal and to provide new notice to all affected neighbors before resubmitting its application. This action reflected the Board's expectation that applicants demonstrate preparedness and comply with proper notification requirements before seeking approval.

Carmax Auto Superstores, Inc. - Variance to reduce interior landscaping and relocate to parking lot

Identifier: V-2008-67

Overview

The Board considered a variance request from Carmax Auto Superstores, Inc. to reduce interior landscaping and relocate it to the parking lot 20:04.

Staff Recommendation

Staff recommended disapproval of the variance based on the following concerns:

• Visual impact of the proposed changes
• Lack of unique special circumstances to justify the variance
• Feasibility of expanding the display area as an alternative to reducing landscaping requirements

Board Action

A motion was made by McQuinn to postpone the appeal for one month. The Board approved this postponement rather than making a final determination at this meeting.

Outcome

Postponed

Denise E. Shanks - Variance to reduce side yard for detached garage

Case Number: V-2008-88

Outcome: Approved

The Board considered a variance request from Denise E. Shanks to reduce the side yard setback requirement for a detached garage 22:12.

Staff Recommendation

Staff recommended approval of the variance based on findings that the proposal would provide public benefit and that no hardship existed that would prevent compliance with standard setback requirements.

Board Action

The Board approved the variance with two conditions:

• The garage must be rebuilt in accordance with the submitted plan
• All necessary permits must be obtained

Shady Hills Development - Variance to reduce rear yard for deck

Identifier: V-2008-89

Type: Variance Request

Outcome: Approved with three conditions

1:10:22

The Board considered a variance request for Shady Hills Development to reduce the rear yard setback requirement for a deck. Key speakers during the discussion included Fred Eastridge and Mr. Salih.

A significant issue addressed during the review involved clarification of a utility easement on the property. Staff confirmed that the utility easement measured 10 feet, rather than the 25 feet that had been previously indicated. This clarification was important to the Board's evaluation of the variance request.

The Board noted that the deck in question had been constructed without a permit. Despite this concern, the Board proceeded with consideration and approval of the variance request.

The Board approved the variance request subject to three conditions that were imposed as part of the approval.

Geddes Pools, Inc. - Variance to reduce side street side yard for pool

Case Number: V-2008-90

Applicant: DJ Geddes

Request: Variance to reduce side street side yard for pool

Outcome: Approved with conditions

26:01

The Board approved the variance request for Geddes Pools, Inc. to reduce the side street side yard for a pool. According to the application materials, the need for the variance resulted from a surveying miscalculation.

Conditions of Approval:

The Board imposed three conditions on the approval:

• The pool must be retained in place
• An administrative action plat must be submitted

Background:

The variance was necessary to address a measurement error that occurred during the surveying process for the pool installation. Rather than requiring the pool to be relocated, the Board determined that approving the variance with conditions was the appropriate course of action.

W.D. Thomas / New Vine Baptist Church - Conditional use to expand parking lot

Case Number: C-2008-73

Request: Conditional use approval for W.D. Thomas / New Vine Baptist Church to expand a parking lot.

Key Speakers: Tony Barrett, Gay Granville Hoffman, and Don Floyd participated in the discussion of this agenda item. 1:29:12

Board Action: The Board approved the conditional use request with three conditions.

Conditions of Approval:

• Updated stormwater management requirements
• Written permission requirement for any stormwater facilities located on adjacent property

Outcome: Approved

Evelyn A. Johnson - Conditional use to establish child care center

Case Number: C-2008-74

Outcome: Approved with conditions

The Board considered a conditional use application from Evelyn A. Johnson to establish a child care center. 30:57

Key Speakers: - Evelyn A. Johnson - Gay Granville Hoffman

Summary:

The Board approved the child care center with six conditions. The conditions included a new requirement for clear signage designating entrance and exit drives.

Community Response:

Neighbors initially opposed the proposal but subsequently withdrew their objections before the Board's decision.

Morgan Properties, Inc. - Conditional use to construct church with accessory parking

Case Number: C-2008-79

Outcome: Approved with conditions

The Board considered a conditional use application from Morgan Properties, Inc. to construct a church with accessory parking. 1:36:35

Key Speakers: - Dick Murphy - Don Floyd

Decision:

The Board approved the church construction with nine conditions. A significant modification was made during the discussion regarding the property line treatment. The Board substituted a privacy fence for a hedge along the property line as a new condition, following discussions with a neighboring property owner.

The approval reflects the Board's determination that the conditional use met the necessary criteria for authorization, subject to the specified conditions designed to address site planning, operational, and neighborhood compatibility concerns.

Jason Sheer - Conditional use to allow live entertainment at restaurant

Case Number: C-2008-81

Outcome: Approved with conditions

The Board considered a conditional use request to allow live entertainment at a restaurant operated by Jason Sheer. 1:46:54

Key Participants: - Andrew Moore - Joe Bologna

Proposal and Modifications: The applicant proposed to add live entertainment services to the restaurant operation. In response to Board concerns, the applicant increased the number of parking spaces from 24 to 32 spaces, which the Board accepted.

Conditions of Approval: The Board approved the request subject to six conditions. These conditions included requirements for soundproofing and traffic management measures to address potential impacts on the surrounding area.

Mac Bailey - Conditional use to establish church in existing building

Case Number: C-2008-84

Outcome: Approved with conditions

The Board considered a conditional use application to establish a church in an existing building. Mac Bailey and Reverend Byron Cooper presented the application. 44:22

Key Decision:

The Board approved the conditional use permit with five conditions imposed. A significant point of contention during the review was the seating capacity of the church. The Board set a 45-seat limit as one of the conditions of approval.

Applicant's Request:

The applicant requested approval for a higher seating capacity based on the availability of additional parking at the location. However, the Board declined to approve the increased capacity and maintained the 45-seat limitation despite the applicant's argument regarding parking availability.

The application was ultimately approved with the Board's conditions, including the restricted seating capacity, taking precedence over the applicant's request for expanded occupancy.

Imani Missionary Baptist Church - Conditional use to establish child care facility

Case Number: C-2008-85

Outcome: Approved with conditions

The Board considered a conditional use request from Imani Missionary Baptist Church to establish a child care facility 57:55.

Presentation and Discussion

Chris Howard presented the proposal to the Board. The request sought approval for the church to operate a child care facility on its property.

Conditions of Approval

The Board approved the conditional use with four conditions:

• Stormwater management requirements
• Occupancy permits
• Two additional conditions (specific details not provided in available materials)

Concerns and Objections

No objections were raised during the consideration of this agenda item.

Board Action

The Board voted to approve the conditional use permit for the child care facility, subject to the four specified conditions.

Panagia Pantovasilissa Greek Orthodox Church - Conditional use and variance for church expansion

Case Number: CV-2008-24

Overview

The Board considered a conditional use and variance request for Panagia Pantovasilissa Greek Orthodox Church related to a proposed church expansion. 1:13:45

Key Speakers

• Mr. Stout
• Mr. Marks

Board Action

The Board postponed the appeal for one month. The postponement was prompted by incomplete documentation submitted with the application and concerns about repeated postponements in the case proceedings.

Conditions for Resubmission

The church was advised that any resubmitted application must include full notice to neighbors. This requirement was emphasized as necessary before the Board would reconsider the request.

Outcome

Postponed

AA Graphics - Administrative review for larger sign

Case Identifier: A-2008-87

Overview

This agenda item addressed an administrative review request by AA Graphics for a larger sign. 1:04:51

Key Speaker

Arthur Zensky presented on this matter.

Discussion and Outcome

Staff confirmed that the zoning ordinance did not permit deviation from the 75 square foot limit for signage. After this determination was communicated to the applicant, no alternative justification was provided to support the request for a larger sign.

The applicant subsequently withdrew the appeal.