Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on March 11, 2024, at 1:32 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed 13 agenda items during the session, consisting of various variance requests and conditional use permit applications from businesses, organizations, and individuals throughout the community. The board conducted 13 motions and votes throughout the meeting, with members approving 12 of the 13 applications presented and denying one conditional use permit request from Diamond Design and Construction LLC. Three public comments were heard during the proceedings, allowing community members to provide input on the matters under consideration.

The approved applications included variance requests for Baptist Health Care System Inc. and Kroger Limited Partnership 1, as well as conditional use permits for a diverse range of applicants including Pavilion Development Company, Clark and Clark, Chabad of the Bluegrass, Royalty Investment Group LLC, OHP Southland Drive, Laura S. Calmes, Anderson Andover Country Club LLC, Storm Creek Associates LLC, Jason and Natalie Clark, and Lexington Center Corp. The meeting demonstrated the board's active role in reviewing zoning-related requests and making decisions that impact development and land use throughout Lexington.

Attendance

The following members were present at the March 11, 2024 meeting:

• Raquel Carter
• Harry Clarke
• Branden Gross
• Bob Sturdivant
• Linda Tucker
• Chad Walker

Absent: • Carolyn Plumlee

No members arrived late to the meeting.

Votes and Decisions

The board considered thirteen applications during the March 11, 2024 meeting, approving twelve and denying one.

PLN-BOA-24-00013 3:00: The board unanimously approved (6-0) a variance for Baptist Health Care System Inc. to increase parapet wall height from six to fifteen feet for a wall sign. Branden Gross motioned, Chad Walker seconded. The approval requires installation according to submitted materials and obtaining necessary permits.

PLN-BOA-24-00017 6:00: Kroger Limited Partnership 1's variances for vehicular use area and lighting height received unanimous approval (5-0). Harry Clarke motioned, Bob Sturdivant seconded. Construction must follow submitted plans with required landscaping buffers.

PLN-BOA-24-00006 12:00: Pavilion Development Company's conditional use permit for a drive-through coffee shop passed unanimously (6-0). Bob Sturdivant motioned, Linda Tucker seconded. Final parking and drive-through configuration requires Traffic Engineering approval.

PLN-BOA-24-00010 18:00: Clark and Clark's golf driving range expansion received unanimous approval (6-0). Harry Clarke motioned, Linda Tucker seconded.

PLN-BOA-24-00011 24:00: Chabad of the Bluegrass's place of religious assembly permit passed unanimously (6-0). Branden Gross motioned, Linda Tucker seconded.

PLN-BOA-24-00014 30:00: Royalty Investment Group LLC's un-hosted short-term rental permit passed 5-1 on a roll call vote. Chad Walker motioned, Bob Sturdivant seconded. Voting yes: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, Chad Walker. Linda Tucker voted no.

PLN-BOA-24-00018 36:00: OHP Southland Drive's drive-through modification passed unanimously (6-0). Branden Gross motioned, Bob Sturdivant seconded.

PLN-BOA-24-00021 42:00: Laura S. Calmes's short-term rental permit passed unanimously (6-0). Harry Clarke motioned, Branden Gross seconded.

PLN-BOA-24-00019 48:00: Anderson Andover Country Club LLC's buffer variances passed 5-0 with one abstention (Chad Walker). Harry Clarke motioned, Bob Sturdivant seconded.

PLN-BOA-24-00009 54:00: Storm Creek Associates LLC's short-term rental permit passed unanimously (6-0). Harry Clarke motioned, Chad Walker seconded.

PLN-BOA-24-00015 60:00: Jason and Natalie Clark's short-term rental permit passed unanimously (6-0). Harry Clarke motioned, Branden Gross seconded.

PLN-BOA-24-00016 66:00: Diamond Design and Construction LLC's short-term rental application failed 0-6. Linda Tucker motioned, Bob Sturdivant seconded. All board members voted against approval.

PLN-BOA-24-00020 72:00: Lexington Center Corp's dynamic content sign permit passed unanimously (6-0). Branden Gross motioned, Harry Clarke seconded.

Public Comment

Three residents spoke during the public comment period, addressing two separate agenda items with concerns about proposed developments in the community.

Anderson Andover Country Club LLC Variance

Manuel spoke in opposition to a variance request for Anderson Andover Country Club LLC 50:00. He raised concerns about the potential impact of headlights from parked cars on nearby residents' quality of life. Manuel also expressed safety concerns for pedestrians who use the trail in the area, citing potential hazards from vehicle lighting.

Lexington Center Corp Sign

Two residents addressed concerns about a proposed sign for Lexington Center Corp.

William Rafter spoke against the sign proposal 75:00, arguing that the signage is unnecessary given that residents can already access information about local events through internet resources. Rafter emphasized concerns about how the sign would negatively impact the quality of life for nearby condominium residents.

Keelie Sweet also opposed the Lexington Center Corp sign 78:00. Sweet raised two primary concerns: the potential impact on traffic safety in the area and the sign's effect on the aesthetic character of downtown Lexington. Sweet's comments focused on preserving both the safety and visual appeal of the downtown district.

All three speakers presented opposition to their respective agenda items, with common themes including quality of life impacts, safety concerns, and community character preservation. No speakers voiced support for either proposal during the public comment period.

Contested Items

Two conditional use permit applications faced significant community opposition during the March 11, 2024 meeting, both ultimately resulting in denials.

Diamond Design and Construction LLC Conditional Use Permit

The first contested item involved a conditional use permit application from Diamond Design and Construction LLC. Local residents voiced strong opposition to the proposal, raising multiple concerns about the potential impact on their neighborhood. Community members specifically cited worries about parking availability, safety issues, and how the proposed use would affect the overall character of their residential area. The sustained community opposition proved decisive, with the permit application being denied.

Lexington Center Corp Sign Conditional Use Permit

The second contentious issue centered on a conditional use permit application for signage by Lexington Center Corp. Residents again organized in opposition to the proposal, questioning both the necessity of the proposed sign and its potential negative effects on the community. Opposition speakers raised concerns about how the sign could impact their quality of life and create traffic safety hazards in the area. Similar to the first application, the community resistance led to the denial of this conditional use permit as well.

Both cases demonstrated active community engagement in the local planning process, with residents successfully mobilizing to voice their concerns about proposed developments they viewed as incompatible with their neighborhood's needs and character. The consistent pattern of community opposition followed by permit denials suggests the decision-making body was responsive to resident input on these land use matters.

Variance for Baptist Health Care System Inc.

3:00

The Board of Adjustment considered case PLN-BOA-24-00013, a variance request from Baptist Health Care System Inc. to increase the allowable height of a parapet wall for a wall sign from six (6) feet to fifteen (15) feet.

Nick Nicholson served as the key speaker presenting the variance request on behalf of Baptist Health Care System Inc. The request sought to modify existing height restrictions to accommodate signage needs for the healthcare facility.

The variance application focused specifically on parapet wall height requirements for wall signage purposes. The current zoning regulations limit parapet walls to six feet in height, but the applicant requested permission to extend this to fifteen feet to properly display their institutional signage.

The Board of Adjustment approved the variance request, allowing Baptist Health Care System Inc. to proceed with the increased parapet wall height of fifteen feet for their wall sign installation. This approval enables the healthcare system to install signage that meets their visibility and branding requirements while maintaining compliance with modified zoning standards.

The approval of PLN-BOA-24-00013 provides Baptist Health Care System Inc. with the necessary zoning relief to implement their signage plan with the requested height modification.

Variances for Kroger Limited Partnership 1

6:00

The Board of Appeals considered case PLN-BOA-24-00017, a variance request from Kroger Limited Partnership 1 to modify parking lot regulations for their facility. The request sought to increase the allowable vehicular use area (VUA) and the permitted height of free-standing lighting fixtures in the parking lot.

Darby Turner served as the key speaker presenting the case to the board. The variance application addressed two specific zoning code modifications needed for the Kroger property's parking lot improvements.

The first variance requested an increase in the vehicular use area, which would allow for expanded parking or vehicle circulation space beyond what is typically permitted under current zoning regulations. The second variance sought approval to install taller free-standing light fixtures in the parking lot than the standard height restrictions allow.

The board reviewed the technical aspects of both variance requests, examining how the proposed changes would impact the property and surrounding area. The discussion focused on the practical needs of the retail facility and whether the requested modifications met the criteria for granting variances under local zoning law.

Following their deliberation, the Board of Appeals approved both variance requests. The approval allows Kroger Limited Partnership 1 to proceed with their parking lot modifications, including the expanded vehicular use area and installation of taller lighting fixtures than would normally be permitted under the existing zoning code.

The approved variances will enable the property owner to implement their planned improvements to the parking facility while addressing operational needs specific to their retail operation.

Conditional use permit for Pavilion Development Company

12:00

The board reviewed application PLN-BOA-24-00006, a conditional use permit request from Pavilion Development Company to establish a drive-through coffee shop in a Neighborhood Business (B-1) zone.

Michael Grace presented the proposal on behalf of the applicant. The request involves establishing a drive-through coffee operation within the existing B-1 zoning district, which requires conditional use approval for drive-through facilities.

The board approved the conditional use permit for Pavilion Development Company's drive-through coffee shop proposal.

Conditional use permit for Clark and Clark

18:00

The Board of Adjustment reviewed application PLN-BOA-24-00010, a conditional use permit request from Clark and Clark to expand an existing golf driving range by adding an accessory covered shelter.

Jason Worrell served as the key speaker presenting information about the proposed expansion project. The request involved modifications to the current golf driving range facility to include additional covered shelter space as an accessory structure to the existing operations.

The application sought approval to enhance the driving range amenities while maintaining the current use classification. The covered shelter would provide weather protection for patrons using the golf facility, representing an expansion of the existing recreational use rather than a change in the fundamental nature of the business operations.

Following the presentation and any discussion of the proposal, the Board of Adjustment approved the conditional use permit request. The approval allows Clark and Clark to proceed with construction of the accessory covered shelter as part of their golf driving range expansion plans.

The conditional use permit approval enables the applicant to move forward with the proposed improvements to their golf facility, subject to any conditions or requirements established as part of the permit approval process.

Conditional use permit for Chabad of the Bluegrass

24:00 The board considered agenda item PLN-BOA-24-00011, a conditional use permit request for Chabad of the Bluegrass to establish a place of religious assembly within the defined Infill and Redevelopment Area.

Samuel Hite served as the key speaker for this agenda item, presenting the request to the board. The application sought approval to operate a religious assembly facility in an area designated for infill and redevelopment purposes.

The conditional use permit was approved by the board, allowing Chabad of the Bluegrass to proceed with establishing their place of religious assembly at the proposed location within the Infill and Redevelopment Area.

*Note: Limited transcript data was available for this agenda item. The summary is based on the structured meeting data provided.*

Conditional use permit for Royalty Investment Group LLC

30:00

The board considered agenda item PLN-BOA-24-00014, a conditional use permit application from Royalty Investment Group LLC for an un-hosted short-term rental in a Medium Density Residential (R-4) zone.

Jennifer Royalty, representing the applicant, presented the request to the board. The proposal involves establishing a short-term rental operation where the property owner would not be present during guest stays, distinguishing it from hosted arrangements where owners remain on-site.

The application required board review due to the property's R-4 zoning designation, which has specific regulations governing short-term rental operations. Medium Density Residential zones typically allow for higher occupancy residential uses while maintaining neighborhood character and compatibility with surrounding properties.

The board ultimately approved the conditional use permit for Royalty Investment Group LLC, allowing the company to proceed with their un-hosted short-term rental operation in the R-4 zone, subject to applicable conditions and regulations.

Conditional use permit for OHP Southland Drive

36:00

The board considered agenda item PLN-BOA-24-00018, a conditional use permit request for OHP Southland Drive. The application sought to modify existing drive-through facilities to establish a bank with drive-through services.

Matt Carter served as a key speaker during the discussion of this agenda item. The request involved converting or modifying the current drive-through configuration to accommodate banking operations while maintaining the drive-through functionality for customer convenience.

The proposal represents a change in use for the existing facility, requiring board approval under the conditional use permit process. Drive-through banking facilities typically require special consideration due to traffic flow patterns, queuing areas, and operational impacts on surrounding properties.

The board ultimately approved the conditional use permit request, allowing the establishment of the bank with drive-through facilities at the OHP Southland Drive location. The approval enables the modification of the existing drive-through infrastructure to support banking operations while ensuring compliance with applicable zoning requirements and operational standards.

Conditional use permit for Laura S. Calmes

42:00

The board considered agenda item PLN-BOA-24-00021, a conditional use permit application submitted by Laura S. Calmes for an un-hosted short-term rental property in a Single Family Residential (R-1C) zone.

Laura Calmes presented her request to operate a short-term rental without being present on the property during guest stays. The application sought approval to rent the residential property to temporary guests in an area zoned for single-family residential use.

The conditional use permit was approved by the board.

*Note: Limited transcript information was available for this agenda item. The summary reflects the basic details of the application and its outcome.*

Variances for Anderson Andover Country Club LLC

48:00

The board considered agenda item PLN-BOA-24-00019, a variance request from Anderson Andover Country Club LLC to reduce required buffer zones on their property. The request specifically sought to reduce both the required property perimeter buffer and the VUA (Vegetation and Urban Area) perimeter buffer.

Tony Barrett served as the key speaker presenting the variance request to the board. The application involved modifications to standard buffering requirements that typically separate different land uses and provide visual screening between properties.

The board reviewed the specifics of the buffer reduction request, examining how the proposed changes would affect the property's compliance with existing zoning regulations. The variance process allows property owners to request relief from certain zoning requirements when strict application would create practical difficulties or hardships.

Following discussion and consideration of the request, the board approved the variance application. The approval allows Anderson Andover Country Club LLC to proceed with their development plans using the reduced buffer requirements rather than the standard perimeter buffering typically required under the zoning ordinance.

The successful variance approval provides the country club with greater flexibility in their property development while maintaining compliance with modified buffering standards deemed acceptable by the board.

Conditional use permit for Storm Creek Associates LLC

54:00

The board considered agenda item PLN-BOA-24-00009, a conditional use permit request from Storm Creek Associates LLC for an un-hosted short-term rental within the defined Infill and Redevelopment Area.

Dawn Hall served as the key speaker presenting this agenda item to the board. The request specifically sought approval to operate a short-term rental property without on-site hosting, meaning guests would have access to the property without the owner being present during their stay.

The proposed short-term rental falls within the municipality's designated Infill and Redevelopment Area, which typically has specific zoning requirements and development standards aimed at encouraging appropriate growth and investment in targeted neighborhoods.

Following the presentation and any discussion by board members, the conditional use permit for Storm Creek Associates LLC was approved. The approval allows the company to move forward with operating the un-hosted short-term rental in accordance with local regulations and any conditions that may have been attached to the permit.

This type of conditional use permit is common for short-term rental operations, as municipalities often require special approval for properties that will be used for transient lodging rather than traditional residential purposes, particularly in designated development areas where local governments are actively managing growth and land use patterns.

Conditional use permit for Jason and Natalie Clark

60:00

The board considered application PLN-BOA-24-00015, a request by Jason and Natalie Clark for a conditional use permit to operate an un-hosted short-term rental in a Planned Neighborhood Residential (R-3) zone.

Mary Bryson served as the key speaker presenting information about the application. The Clarks sought approval to establish a short-term rental property that would operate without on-site hosts present during guest stays.

The request required board review because short-term rental operations in R-3 zoning districts must obtain conditional use permits to ensure compatibility with the residential character of planned neighborhoods. The un-hosted nature of the proposed rental meant guests would have independent access to the property without direct supervision from the property owners.

Following the presentation and discussion of the application details, the board voted to approve the conditional use permit for Jason and Natalie Clark's short-term rental request. The approval allows the Clarks to proceed with operating their un-hosted short-term rental property in compliance with the established zoning requirements for the R-3 district.

Conditional use permit for Diamond Design and Construction LLC

66:00

The board considered agenda item PLN-BOA-24-00016, a conditional use permit application from Diamond Design and Construction LLC for an un-hosted short-term rental in a Planned Neighborhood Residential (R-3) zone.

Edmond served as a key speaker during the discussion of this permit request. The application sought approval to operate a short-term rental property without on-site hosting, which would allow guests to stay at the property without the owner being present.

The request was ultimately denied by the board. While the specific details of the discussion and the reasons for denial are not detailed in the available materials, the outcome indicates the board found the application did not meet the necessary criteria for approval in the R-3 zoning district.

This type of conditional use permit typically requires consideration of factors such as neighborhood compatibility, parking availability, potential impacts on residential character, and compliance with local short-term rental regulations. The denial suggests concerns were raised about one or more of these aspects during the review process.

Conditional use permit for Lexington Center Corp

72:00

The board considered agenda item PLN-BOA-24-00020, a conditional use permit request from Lexington Center Corp for a sign with dynamic content within the defined Infill and Redevelopment Area.

William Rafter served as a key speaker during the discussion of this agenda item. The request specifically involved authorization for signage featuring dynamic content, which would be located within the city's designated Infill and Redevelopment Area.

The application represented a request to install digital or electronic signage that would display changing content, requiring special approval through the conditional use permit process due to the dynamic nature of the proposed sign. Such permits are typically required for electronic signs to ensure they comply with local zoning regulations and design standards within redevelopment zones.

Following the presentation and discussion, the board approved the conditional use permit for Lexington Center Corp, allowing the organization to proceed with their dynamic content signage project within the Infill and Redevelopment Area.