Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on May 13, 2024, at 1:33 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed three main agenda items during the session, including the approval of minutes, a public hearing on zoning appeals, and consideration of the Redwood Cooperative School Expansion project.

The meeting featured active public participation, with four public comments heard throughout the proceedings and four formal motions and votes taken by the board members. The board's primary accomplishment was the approval of the Redwood Cooperative School Expansion project, while the approval of minutes from the previous meeting was tabled for future consideration. The public hearing on zoning appeals served an informational purpose, providing community members and stakeholders with updates on ongoing zoning matters within the jurisdiction.

Attendance

The following members were present at the meeting on May 13, 2024:

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

No members were reported as absent or late. All seven members were in attendance for the meeting.

Votes and Decisions

The board conducted four roll call votes on variance requests during the meeting.

PLN-BOA-24-00012: JEROMIE R. KIRK Variance Request 2:00 Branden Gross motioned to postpone this variance request, seconded by Bob Sturdivant. The motion to postpone passed unanimously with 6 ayes and 0 nays. Board members Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, Linda Tucker, and Chad Walker all voted in favor of postponement.

PLN-BOA-24-00051: 344 ROMANY ROAD, LLC Variance Requests 3:00 Harry Clarke motioned to approve the variance requests, seconded by Bob Sturdivant. The motion passed with 6 ayes, 0 nays, and 1 abstention. Board members Raquel Carter, Harry Clarke, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker voted for approval. The approval included specific conditions: approval of Variances #1, #2, #6, and #7; approval of a lesser variance of #5; approval of a lesser variance of #3; and withdrawal of #4.

PLN-BOA-24-00056: GREER LAND CO SMYRNA #2 LLC Variance Requests 5:00 Branden Gross motioned to approve the variance requests, seconded by Bob Sturdivant. The motion passed unanimously with 7 ayes and 0 nays. All board members present - Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker - voted for approval. The approval included conditions, specifically modification of condition #5.

PLN-BOA-24-00042: SOUTH MILL PROPERTIES LLC Variance Request 7:00 Linda Tucker motioned to disapprove the variance request, seconded by Branden Gross. Despite all 7 board members voting in favor of the motion to disapprove (Raquel Carter, Harry Clarke, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker), the motion failed, indicating the variance request was effectively approved.

Public Comment

Four community members addressed the board during the public comment period, focusing on two main issues: a driveway variance proposal and the Redwood Cooperative School expansion.

Driveway Variance Concerns

Carl Wagner spoke first 2:30, expressing concerns about a proposed driveway expansion and its potential environmental impact. Wagner specifically cited worries about increased impermeable surfaces leading to flooding issues in the area.

Tina Wagner followed 2:45 with similar concerns about the same driveway variance. She raised specific worries about increased pavement and the potential for flooding to affect her property as a result of the proposed expansion.

Redwood Cooperative School Expansion

The school expansion proposal drew both opposition and support from residents. Mike Anukin spoke against the expansion 4:00, opposing the school's proposed expansion into residential areas. Anukin cited concerns about how the expansion would affect the character of the surrounding neighborhood.

Kelly Wesley Taylor provided a contrasting perspective 4:15, speaking in support of the Redwood Cooperative School's expansion plans. Taylor emphasized the importance of outdoor play opportunities for children's development as a key reason for supporting the school's growth.

The public comments highlighted community divisions on both issues, with residents raising concerns about environmental impacts from the driveway variance and mixed opinions on balancing educational needs with neighborhood preservation regarding the school expansion.

Contested Items

The May 13, 2024 meeting featured significant community opposition to short-term rental applications, with residents raising concerns about neighborhood impacts and safety issues.

Short-term Rental Community Opposition 6:00 Multiple community members voiced objections to short-term rental approvals during the public comment period. Residents expressed concerns that these rentals would negatively affect neighborhood character and create safety issues for existing residents. The opposition centered on the potential for increased transient activity and the impact on the residential nature of affected areas.

Blairmore Road Traffic Safety Concerns 8:00 Residents specifically opposed a short-term rental application due to traffic safety concerns on Blairmore Road. Community members highlighted dangerous conditions created by a sharp curve combined with high vehicle speeds in the area. The residents argued that adding a short-term rental would increase traffic volume and exacerbate existing safety hazards, potentially putting both visitors and local residents at risk.

The contested items reflected broader community concerns about balancing economic opportunities from short-term rentals with maintaining residential neighborhood character and ensuring public safety. Both issues involved direct community opposition to proposed applications, with residents actively participating in the public meeting process to voice their concerns about potential negative impacts on their neighborhoods.

Approval of Minutes

1:45

The board addressed the approval of minutes from the previous meeting during this agenda item. Board member Raquel Carter participated in the discussion regarding the status of the minutes.

The board discovered that no minutes were available for consideration at this meeting. Without the previous meeting's minutes present for review, the board was unable to proceed with the standard approval process.

As a result of the unavailable minutes, the agenda item was tabled until the documents could be made available for proper review and approval at a future meeting.

Public Hearing on Zoning Appeals

2:00

The board conducted a public hearing to review multiple zoning appeals, including variance requests and conditional use permits. The hearing addressed several development proposals requiring zoning relief or special permissions.

Key speakers during the hearing included Raquel Carter and Traci Wade, who presented information regarding the various appeals under consideration. The board reviewed each case individually, examining the specific zoning requirements and requested variances.

Several items on the zoning appeals docket faced challenges during the review process. Multiple appeals were either postponed to allow for additional information or review, or were disapproved by the board after consideration of the presented materials and public input.

The hearing covered various types of zoning relief requests, including variance applications that would allow property owners to deviate from standard zoning requirements such as setbacks, height restrictions, or lot coverage limits. Conditional use permits were also reviewed, which would allow specific uses in zoning districts where such uses require special approval.

The board's decisions reflected a mixed outcome for applicants, with some cases requiring additional time for proper review and others not meeting the criteria for approval. The postponements suggest that some applications may have lacked sufficient documentation or required further analysis before the board could make informed decisions.

This public hearing represents part of the ongoing zoning review process, where property owners and developers seek relief from standard zoning requirements to accommodate their proposed projects. The board's careful consideration of each appeal demonstrates the deliberative process required to balance development needs with zoning regulations designed to protect community interests.

Redwood Cooperative School Expansion

4:00

The board reviewed a request from Redwood Cooperative School to expand its outdoor play area during the meeting discussion. The proposal was presented as part of the school's efforts to enhance its facilities for students.

Key speakers during the discussion included Chris Barrett and Mike Anukin, who addressed various aspects of the expansion proposal. The conversation centered on the school's plans to increase the size of its outdoor recreational space.

Board members raised concerns about the potential impact the expansion might have on the surrounding neighborhood. These concerns likely included considerations such as noise levels, increased activity, and changes to the local environment that could affect nearby residents.

Despite the neighborhood impact concerns that were discussed, the board ultimately moved forward with approving the school's expansion request. The approval suggests that the board determined the benefits of providing additional outdoor play space for the students outweighed the potential concerns raised about community impact.

The discussion represents the board's ongoing oversight of educational facility improvements within their jurisdiction, balancing the needs of educational institutions with community considerations.