Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on April 8, 2024, at 1:31 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed 17 agenda items during the session, including variance requests, conditional use permits, an administrative appeal, and an early rehearing request. The board conducted 17 motions and votes throughout the meeting, with the majority of applications receiving approval. Three members of the public provided comments during the proceedings. Of the 17 items considered, 12 were approved, 3 were denied, and 1 was tabled for future consideration.

Attendance

Present: Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker

Absent: Chad Walker

Late: None

Six members were present for the meeting, with one member absent.

Votes and Decisions

The board considered 17 motions during the meeting, with outcomes ranging from unanimous approvals to tied votes that resulted in failed motions.

Postponements and Approvals

The board unanimously voted to postpone variance request PLN-BOA-24-00012 for Jeromie R. Kirk 0:00. Motion by Carolyn Plumlee, seconded by Bob Sturdivant, passed 6-0 by voice vote.

Several variance and conditional use permit requests received unanimous approval, including: - PLN-BOA-24-00033 for The Dog Stop 2:00, subject to four conditions regarding supervision and permits - PLN-BOA-24-00035 for Quality Logistics, LLC 3:00, with four conditions regarding construction and permits - PLN-BOA-23-00056 for Lexington Country Club expansion 4:00, with three construction and permit conditions - PLN-BOA-24-00023 for Fairhaven Baptist Church amendment 5:00, with two conditions

Split Decisions

Four applications passed by 4-2 roll call votes, with Raquel Carter, Harry Clarke, Branden Gross, and Bob Sturdivant voting in favor, while Carolyn Plumlee and Linda Tucker voted against: - PLN-BOA-24-00032 for Eric Shockey and Christa Burrows 1:00 - PLN-BOA-24-00026 for Kristin Nelson 6:00 - PLN-BOA-24-00038 for Alex Frost 11:00

Failed Motions

Two motions failed due to tied 3-3 votes: - PLN-BOA-24-00027 motion to disapprove Fincastle LLC's conditional use permit 7:00 - PLN-BOA-24-00037 motion to disapprove James Raynolds' conditional use permit 14:00

Additional Approvals

The board unanimously approved several other conditional use permits and one administrative appeal (PLN-BOA-24-00030 for Chris Johnson) 15:00, along with an early rehearing request (PLN-BOA-23-00107 for Mike Adams) 16:00.

Most approved applications included specific conditions related to construction, permits, occupancy, or operational requirements.

Public Comment

Three community members addressed the meeting during the public comment period, with all comments focusing on short-term rental issues.

Rebecca Coons spoke first 13:30, expressing concerns about the impact of short-term rentals on neighborhood parking and community character. She highlighted how these rentals affect the residential nature of local neighborhoods.

Francis followed 13:45, voicing concerns about the availability of affordable housing and the broader impact of short-term rentals on community dynamics. The speaker emphasized how short-term rental operations may be affecting housing accessibility for long-term residents.

Sidney Bevin provided a contrasting perspective 15:30, speaking in support of Chris Johnson's appeal. Bevin noted that there have been improvements in the neighborhood since the property in question was managed as short-term rentals, suggesting positive outcomes from this particular operation.

The public comments reflected ongoing community debate about short-term rental regulations, with speakers presenting both concerns about negative impacts on parking, housing availability, and neighborhood character, as well as support for specific properties that have demonstrated positive management practices.

Contested Items

Two items generated significant debate during the April 8, 2024 meeting, resulting in divided votes and community opposition.

Conditional Use Permit for Fincastle LLC

The board faced a split decision regarding a conditional use permit application submitted by Fincastle LLC. The primary source of contention centered on the high concentration of short-term rentals already present in the affected area. Board members expressed differing views on whether approving an additional short-term rental permit would negatively impact the neighborhood's residential character. The division among board members reflected broader community concerns about the proliferation of short-term rental properties and their effects on local housing availability and neighborhood stability.

Administrative Appeal for Chris Johnson

Chris Johnson's administrative appeal drew substantial community opposition during the proceedings. The contentious nature of this appeal stemmed from two key concerns raised by residents and board members. First, questions were raised about the legality of existing units associated with the appeal, suggesting potential code compliance issues. Second, community members voiced significant concerns about the potential impact on the surrounding neighborhood if the appeal were approved. The combination of legal uncertainties and neighborhood opposition created a challenging deliberative environment for the board.

Both contested items highlight ongoing tensions in the community regarding development decisions, property use regulations, and the balance between individual property rights and neighborhood preservation. The split vote on the Fincastle LLC permit and the community pushback against Johnson's appeal demonstrate the complex considerations local officials must weigh when making land use decisions that affect both individual applicants and broader community interests.

Variance request for Jeromie R. Kirk

0:00

The Board of Appeals considered case PLN-BOA-24-00012, a variance request submitted by Jeromie R. Kirk to increase driveway width from 10 feet to 20 feet in a Historic District Overlay zone.

The item was briefly addressed by key speakers Raquel Carter and Carolyn Plumlee, but the discussion was limited due to the applicant's absence from the meeting.

Without the applicant present to provide details about the proposed variance or answer questions from board members, the board determined they could not proceed with a substantive review of the request. The variance would allow Kirk to double the permitted driveway width in the historic district, which typically has stricter design standards to preserve the character of historic neighborhoods.

The board tabled the item, postponing consideration until a future meeting when the applicant can be present to present the case and respond to any questions or concerns from board members. No timeline was provided for when the item would be rescheduled for consideration.

The postponement ensures the applicant will have the opportunity to fully present their case and justify the need for the variance, while allowing board members to ask questions about how the wider driveway would impact the historic character of the area and whether the request meets the criteria for granting a variance in the Historic District Overlay zone.

Variance request for Eric Shockey and Christa Burrows

1:00

The Board of Adjustment reviewed variance request PLN-BOA-24-00032 submitted by Eric Shockey and Christa Burrows for their property. The applicants requested approval to reduce required setback distances and increase the floor area ratio to accommodate planned additions to their existing structure.

Eric Shockey presented the variance request to the board, explaining the need for the modifications to support their property improvement plans. Staff member Raquel Carter provided analysis and recommendations regarding the proposal.

The discussion centered on the specific setback reductions requested and the proposed increase in floor area ratio. Board members evaluated whether the request met the criteria for granting a variance, including considerations of hardship, impact on neighboring properties, and compliance with the overall intent of zoning regulations.

Following deliberation, the Board of Adjustment approved the variance request with conditions. The approval allows Shockey and Burrows to proceed with their property additions under the modified setback and floor area ratio requirements, subject to meeting any stipulated conditions established by the board.

The decision enables the applicants to move forward with their development plans while ensuring appropriate safeguards are in place to address any potential impacts on the surrounding area.

Variance request for The Dog Stop

2:00

The Board of Adjustment reviewed case PLN-BOA-24-00033, a variance request for The Dog Stop seeking to reduce required setback distances for a kennel operation.

Blake Hendricks and Raquel Carter served as key speakers during the discussion of this variance application. The request centered on allowing the kennel facility to operate with reduced setbacks from property boundaries, which would typically be required under standard zoning regulations.

The board deliberated on the specific circumstances of the property and the nature of the kennel operation. Discussion focused on ensuring appropriate safeguards would be in place to address potential impacts on neighboring properties while allowing the business to function effectively within the reduced setback parameters.

Following their review of the application materials and hearing from the speakers, the Board of Adjustment approved the variance request. However, the approval came with specific conditions attached to address operational concerns. The conditions included requirements regarding supervision protocols for the kennel facility and restrictions on the hours of operation.

These conditions were designed to mitigate any potential negative impacts on surrounding properties while allowing The Dog Stop to proceed with their planned kennel operation under the reduced setback requirements. The approval enables the business to move forward with their project while maintaining appropriate oversight and operational limitations to protect the interests of the surrounding community.

The conditional approval represents a balance between accommodating the business needs of The Dog Stop and ensuring responsible land use practices within the jurisdiction's zoning framework.

Variance request for Quality Logistics, LLC

3:00

The board reviewed case PLN-BOA-24-00035, a variance request submitted by Quality Logistics, LLC to reduce the required side yard setback for the construction of a solar canopy on their property.

Greg Smorstad and Raquel Carter served as the key speakers during the discussion of this agenda item. The applicant sought relief from standard setback requirements to accommodate the proposed solar installation, which would otherwise not be feasible under current zoning regulations.

The board examined the specific details of the variance request, including the proposed reduction in side yard setback distances and the justification for the solar canopy project. The discussion focused on whether the request met the necessary criteria for granting a variance, including considerations of hardship, public benefit, and compatibility with surrounding properties.

Following their review and deliberation, the board voted to approve the variance request. However, the approval came with specific conditions that Quality Logistics, LLC must meet in order to proceed with the solar canopy construction. These conditions were designed to ensure the project complies with safety standards and maintains compatibility with the surrounding area while allowing the applicant to move forward with their renewable energy installation.

The approval of this variance demonstrates the board's willingness to support sustainable energy projects while maintaining appropriate oversight through conditional requirements.

Conditional use permit expansion for Lexington Country Club

4:00

The board considered agenda item PLN-BOA-23-00056, a request to expand the conditional use permit for Lexington Country Club to allow for a building addition.

Eric Eaton and Raquel Carter served as key speakers during the discussion of this expansion request. The applicant sought approval to modify their existing conditional use permit to accommodate new construction on the country club property.

The board reviewed the proposed building addition and its compliance with existing zoning requirements and conditional use permit parameters. Discussion focused on the scope of the expansion and any potential impacts on the surrounding area.

Following deliberation, the board approved the conditional use permit expansion request. The approval came with specific conditions that the applicant must meet as part of the project implementation.

The decision allows Lexington Country Club to proceed with their planned building addition under the modified conditional use permit, subject to compliance with the established conditions.

Conditional use permit amendment for Fairhaven Baptist Church

5:00

The Board of Adjustment reviewed application PLN-BOA-24-00023, a request from Fairhaven Baptist Church to amend their existing conditional use permit to allow construction of a second structure on their property.

Jonathan East and Raquel Carter served as key speakers during the discussion of this agenda item. The church sought approval to modify their current conditional use permit to accommodate the proposed additional building.

The board deliberated on the amendment request, considering the church's plans for the new structure and how it would fit within the existing conditional use framework. Details of the specific conditions attached to the original permit and how the amendment would affect those requirements were part of the review process.

Following discussion, the Board of Adjustment approved the conditional use permit amendment for Fairhaven Baptist Church. The approval came with conditions, though the specific terms of those conditions were not detailed in the available information.

This approval allows the church to move forward with their plans for the second structure while ensuring compliance with local zoning requirements and any stipulations set forth by the board.

Conditional use permit for Kristin Nelson

6:00

The board reviewed application PLN-BOA-24-00026, a conditional use permit request submitted by Kristin Nelson for an un-hosted short-term rental property.

Kristin Nelson presented her application to the board, seeking approval to operate a short-term rental without on-site hosting. The specific details of the property location and rental operations were discussed during her presentation.

Raquel Carter participated in the discussion, raising concerns about the potential impact of short-term rentals on the local housing market. These concerns reflected broader community discussions about how vacation rentals affect housing availability for permanent residents.

Despite the housing market concerns raised during the meeting, the board ultimately voted to approve Nelson's conditional use permit application. The approval came with specific conditions attached, though the exact nature of these conditions was not detailed in the available materials.

The decision represents the board's balancing of individual property rights with community concerns about housing availability. Short-term rental applications have become increasingly common agenda items as communities grapple with the effects of vacation rental platforms on local housing markets.

The approved permit will allow Nelson to proceed with operating her un-hosted short-term rental property, subject to compliance with the conditions established by the board.

Conditional use permit for Fincastle LLC

7:00

The board reviewed application PLN-BOA-24-00027, a request by Fincastle LLC for a conditional use permit to operate an un-hosted short-term rental property.

Key speakers during the discussion included Ben Franzini and Raquel Carter, who presented details about the proposed short-term rental operation and addressed questions from board members.

The primary concern raised during deliberations centered on the concentration of existing short-term rentals in the surrounding area. Board members expressed that approving additional short-term rental permits in this location would contribute to an already high density of such properties in the neighborhood.

The concentration issue appeared to be the determining factor in the board's decision-making process, as members weighed the potential impact on the residential character of the area and the cumulative effect of multiple short-term rental operations in close proximity.

Following discussion and consideration of the application materials and public input, the board voted to deny the conditional use permit request. The denial was based specifically on concerns about the high concentration of short-term rentals already present in the area where the proposed property is located.

The outcome means Fincastle LLC will not be permitted to operate the requested un-hosted short-term rental at this location under the current application.

Conditional use permit for David and Cheryl Lasheen

8:00

The board reviewed application PLN-BOA-24-00029, a conditional use permit request submitted by David and Cheryl Lasheen for an un-hosted short-term rental property.

David Lasheen presented the application to the board, providing details about the proposed short-term rental operation. The request involved obtaining the necessary permits to operate a rental property without on-site hosts present during guest stays.

Raquel Carter also participated in the discussion, though the specific nature of her involvement and role in the proceedings was not detailed in the available materials.

The board conducted their review of the application, examining the proposal against applicable zoning requirements and conditional use permit standards for short-term rental operations. The discussion covered the typical considerations for such applications, including compliance with local regulations governing un-hosted rental properties.

Following their deliberation, the board voted to approve the conditional use permit for David and Cheryl Lasheen. The approval came with attached conditions, though the specific terms and requirements of those conditions were not specified in the available documentation.

The approved permit will allow the Lasheens to operate their un-hosted short-term rental property in accordance with the established conditions and local regulatory framework governing such businesses.

Conditional use permit for Jennifer Krimm

9:00

The board reviewed application PLN-BOA-24-00031, a conditional use permit request submitted by Jennifer Krimm for an un-hosted short-term rental operation.

Jennifer Krimm presented her application to the board, seeking approval to operate a short-term rental property without on-site hosting. The request involved converting her property for rental use while maintaining compliance with local zoning requirements.

Raquel Carter participated in the discussion, though the specific nature of her involvement and role in the proceedings was not detailed in the available materials.

During the review process, the board gave particular attention to verifying the primary residence status of the property, which is a key requirement for short-term rental permits in the jurisdiction. This verification was noted as an important factor in the board's consideration of the application.

The board ultimately approved Krimm's conditional use permit request, but the approval came with specific conditions attached. While the exact details of these conditions were not specified in the available materials, they likely relate to standard short-term rental operational requirements such as occupancy limits, parking provisions, noise restrictions, and compliance monitoring.

The approval allows Krimm to proceed with her un-hosted short-term rental operation, provided she adheres to all stipulated conditions and maintains the property's status as her primary residence as required by local regulations.

Conditional use permit for Rewa Gardner

10:00

The board reviewed application PLN-BOA-24-00034, a conditional use permit request submitted by Rewa Gardner to operate a home-based cosmetology business.

Gardner presented her proposal to the board, outlining her plans for the cosmetology services she intended to provide from her residence. The application sought approval to conduct professional beauty services including hair styling, cutting, and related cosmetology treatments from her home location.

Raquel Carter also participated in the discussion, though the specific nature of her involvement was not detailed in the available materials.

The board evaluated the request according to standard criteria for home-based business permits, which typically include considerations such as:

• Impact on neighborhood traffic and parking
• Compliance with residential zoning requirements
• Hours of operation
• Number of clients served
• Signage restrictions
• Health and safety standards for cosmetology services

Following their review and discussion of the application, the board voted to approve Gardner's conditional use permit request. The approval came with specific conditions that Gardner must follow in operating her home-based cosmetology business, though the exact details of these conditions were not specified in the available documentation.

The approval allows Gardner to legally operate her cosmetology business from her residential property while ensuring compliance with local zoning regulations and maintaining the residential character of the neighborhood.

Conditional use permit for Alex Frost

11:00

The board reviewed application PLN-BOA-24-00038, a conditional use permit request submitted by Alex Frost for an un-hosted short-term rental property.

Alex Frost presented the application to the board, seeking approval to operate a short-term rental without on-site hosting. The specific details of the property location and rental operations were discussed during the presentation.

Raquel Carter participated in the discussion, though the specific nature of her involvement and role in the proceedings was not detailed in the available materials.

During deliberations, board members raised concerns about rental density in the area. This issue appears to have been a significant consideration in the review process, suggesting the board was evaluating the cumulative impact of short-term rentals in the neighborhood or district where Frost's property is located.

Despite the expressed concerns about rental density, the board ultimately voted to approve the conditional use permit. The approval came with attached conditions, though the specific terms and requirements of these conditions were not specified in the available summary materials.

The approval of PLN-BOA-24-00038 allows Alex Frost to proceed with operating the un-hosted short-term rental, subject to compliance with the conditions established by the board. This decision reflects the board's determination that the proposed use, while raising some concerns about area rental concentration, could be appropriately managed through the imposed conditions.

Conditional use permit for Muvurati Mapigano and Noela Anania

12:00

The board considered application PLN-BOA-24-00008, a request by Muvurati Mapigano and Noela Anania for a conditional use permit to operate an un-hosted short-term rental property.

Muvurati Mapigano presented the application to the board, seeking approval for the short-term rental operation. The specific details of the property location and proposed rental arrangements were discussed during the presentation.

Raquel Carter also participated in the discussion as a key speaker, though the specific nature of her involvement was not detailed in the available materials.

The board ultimately denied the conditional use permit application. The decision was based on two primary concerns raised during the deliberations:

• Housing market impact: Board members expressed concerns about how additional short-term rentals could affect the local housing market and availability of long-term housing options for residents

• Neighborhood character: The board determined that the proposed un-hosted short-term rental could negatively impact the character and nature of the surrounding neighborhood

The denial reflects the board's assessment that the proposed short-term rental operation would not be compatible with community interests and planning objectives. Un-hosted short-term rentals, where property owners rent out their homes without being present during guest stays, often face additional scrutiny from planning boards due to concerns about property management, neighborhood impacts, and effects on local housing stock.

This application represents one of several short-term rental requests that planning boards across many communities are grappling with as they balance property owner rights with broader community planning goals and housing policy considerations.

Conditional use permit for Ethan and Lindsay Jackson

13:00

The board reviewed application PLN-BOA-24-00025, a conditional use permit request submitted by Ethan and Lindsay Jackson for an un-hosted short-term rental operation.

Lindsay Jackson presented the application to the board, providing details about the proposed short-term rental use of their property. The request involved operating a rental without on-site hosts present during guest stays.

Raquel Carter participated in the discussion, though the specific nature of her involvement and role in the proceedings was not detailed in the available materials.

The board evaluated the application according to applicable zoning requirements and conditional use permit standards for short-term rental operations. While the specific conditions imposed were not outlined in the summary materials, the board determined that the proposed use could be approved with appropriate regulatory conditions attached.

The conditional use permit for Ethan and Lindsay Jackson's un-hosted short-term rental was approved by the board. The approval includes conditions that the applicants must meet to maintain compliance with the permit, though the specific terms of those conditions were not specified in the available documentation.

This approval allows the Jacksons to proceed with their short-term rental operation under the parameters established by the conditional use permit and subject to ongoing compliance with the attached conditions.

Conditional use permit for James Raynolds

14:00

The board considered application PLN-BOA-24-00037, a conditional use permit request submitted by James Raynolds for an un-hosted short-term rental operation.

Key Speakers: - James Raynolds (applicant) - Raquel Carter

Discussion and Concerns:

The application faced significant opposition from the surrounding neighborhood. Residents raised concerns about the potential impact of short-term rental activity on the residential character of the area and property values.

A critical issue emerged regarding deed restrictions on the property. The board determined that existing deed restrictions would prohibit the proposed short-term rental use, creating a legal impediment to approval of the conditional use permit.

Outcome:

The conditional use permit was denied due to two primary factors: - Substantial neighborhood opposition to the proposed short-term rental operation - Existing deed restrictions on the property that would prevent the intended use

The denial means James Raynolds cannot operate an un-hosted short-term rental at the subject property under the current application. The applicant would need to address the deed restriction issues and potentially seek different approval pathways if they wish to pursue short-term rental operations in the future.

Administrative appeal for Chris Johnson

15:00

The Board of Appeals considered case PLN-BOA-24-00030, an administrative appeal filed by Chris Johnson challenging the planning department's refusal to issue zoning compliance permits for five short-term rental properties.

Chris Johnson presented his appeal, arguing that the planning department's denial was improper and that his properties should be eligible for the requested zoning compliance permits. The appeal centered on the interpretation of zoning regulations as they apply to short-term rental operations.

Raquel Carter also participated in the discussion, though the specific nature of her involvement and position on the appeal was not detailed in the available materials.

The Board deliberated on the merits of Johnson's challenge to the planning department's decision. The discussion focused on whether the original denial was justified under current zoning regulations and compliance requirements for short-term rental properties.

After consideration of the arguments presented, the Board voted to approve Johnson's appeal, but with conditions attached. The specific conditions imposed by the Board were not detailed in the summary materials, but the approval means Johnson will be able to proceed with obtaining zoning compliance permits for his five short-term rental properties, subject to meeting the Board's specified requirements.

This decision effectively overturns the planning department's original refusal and allows the short-term rental permits to move forward in the approval process, contingent upon Johnson's compliance with the conditions set by the Board of Appeals.

Early rehearing request for Mike Adams

16:00

The board considered an early rehearing request for case PLN-BOA-23-00107 submitted by Mike Adams regarding a conditional use permit for short-term rental operations.

Mike Adams presented his request for an early rehearing, citing substantial changes to the property that warranted reconsideration of the previous board decision. The original conditional use permit application had been previously reviewed by the board, but Adams argued that significant modifications to the property conditions justified reopening the case ahead of the standard rehearing timeline.

Raquel Carter participated in the discussion, though the specific nature of her involvement in the case was not detailed in the available materials. The board evaluated whether the changes to the property were substantial enough to merit granting the early rehearing request, which would allow Adams to present his case again before the typical waiting period expired.

After reviewing the request and considering the evidence of substantial property changes, the board voted to approve the early rehearing request. This decision allows Adams to proceed with a new hearing on his conditional use permit application for short-term rental operations, taking into account the modified property conditions that have occurred since the original application was considered.

The approval of the early rehearing request means the case will be scheduled for a future board meeting where Adams can present his revised application with the updated property information.