Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on June 10, 2024, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed a substantial agenda of 14 items, primarily consisting of variance requests and conditional use permits from various applicants throughout the community. During the session, the board conducted 14 motions and votes while hearing 8 public comments from citizens regarding the proposed applications.

The meeting demonstrated active community engagement in local zoning matters, with the board ultimately approving 9 of the 13 substantive applications considered. Notable approvals included variance requests from multiple property owners such as Jeromie R. Kirk, Barbara and Henry Hinkle, Jessica Sucik and Tara Stanfield, Lopez Construction, and the Leona Greer Estate, as well as conditional use permits for businesses including Poppys Flower Bar, Purple Door Management LLC, Blake Hendricks, and Christian Perry. However, the board also exercised its regulatory authority by denying three applications: variance requests by Demarcus Lewis and conditional use permits for Armenteros Property Group LLC and Leitha Pash-Lewis. Additionally, one variance request by Booker Group Investments LLC was postponed for further consideration. The meeting concluded with the routine approval of minutes from the previous session, reflecting the board's commitment to maintaining proper procedural records while addressing the community's diverse zoning and land use needs.

Attendance

Present: • Harry Clarke • Branden Gross • Carolyn Plumlee • Bob Sturdivant • Linda Tucker • Chad Walker

Absent: • Raquel Carter

Late: • None

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

Votes and Decisions

The Board of Adjustment conducted 14 votes during the June 10, 2024 meeting, with all votes taken by roll call.

Administrative Matters The board unanimously approved the March 2024 and April 2024 meeting minutes 0:00. Motion by Linda Tucker, seconded by Harry Clarke. Vote: 6-0.

Variance Requests Five variance requests were approved unanimously: - PLN-BOA-24-00012: Jeromie R. Kirk's request to increase driveway width from 10' to 20' 1:00. Motion by Carolyn Plumlee, seconded by Linda Tucker. Vote: 6-0 with three conditions. - PLN-BOA-24-00063: Barbara and Henry Hinkle's request to reduce side street yard setback 2:00. Motion by Harry Clarke, seconded by Chad Walker. Vote: 6-0 with two conditions. - PLN-BOA-24-00071: Jessica Sucik and Tara Stanfield's request to reduce side yard setback 3:00. Motion by Bob Sturdivant, seconded by Carolyn Plumlee. Vote: 6-0 with two conditions. - PLN-BOA-24-00074: Lopez Construction's request for multiple variances including driveway width 4:00. Motion by Chad Walker, seconded by Linda Tucker. Vote: 6-0 with four conditions. - PLN-BOA-24-00075: Leona Greer Estate's request for multiple variances including side yard setback 7:00. Motion by Carolyn Plumlee, seconded by Bob Sturdivant. Vote: 5-0 with one abstention (Branden Gross) and two conditions.

One variance request failed: - PLN-BOA-24-00067: Demarcus Lewis's request for multiple variances including accessory structure height 6:00. Motion by Harry Clarke, seconded by Bob Sturdivant. Vote: 0-6.

One variance request was postponed: - PLN-BOA-24-00076: Booker Group Investments LLC's request for multiple variances 8:00. Motion by Chad Walker, seconded by Linda Tucker. Vote: 6-0 to continue to July 8, 2024.

Conditional Use Permits The board approved three conditional use permits: - PLN-BOA-24-00064: Poppys Flower Bar's cocktail lounge permit 5:00. Motion by Harry Clarke, seconded by Chad Walker. Vote: 6-0 with four conditions. - PLN-BOA-24-00070: Purple Door Management LLC's un-hosted short-term rental permit 10:00. Motion by Chad Walker, seconded by Harry Clarke. Vote: 6-0 with four conditions. - PLN-BOA-24-00072: Blake Hendricks's un-hosted short-term rental permit 11:00. Motion by Harry Clarke, seconded by Bob Sturdivant. Vote: 4-2 (Plumlee and Tucker opposed) with four conditions. - PLN-BOA-24-00077: Christian Perry's un-hosted short-term rental permit 13:00. Motion by Harry Clarke, seconded by Bob Sturdivant. Vote: 4-2 (Plumlee and Tucker opposed) with six conditions.

Two conditional use permits failed due to tie votes: - PLN-BOA-24-00065: Armenteros Property Group LLC's un-hosted short-term rental permit 9:00. Motion by Harry Clarke, seconded by Chad Walker. Vote: 3-3 (Clarke, Gross, and Walker for; Plumlee, Sturdivant, and Tucker against). - PLN-BOA-24-00069: Leitha Pash-Lewis's un-hosted short-term rental permit 12:00. Motion by Harry Clarke, seconded by Bob Sturdivant

Public Comment

Eight residents spoke during the public comment period, all expressing opposition to two proposed short-term rental applications.

253 Hill N Dale Short-Term Rental Opposition

John Strayly spoke first 14:00, expressing concerns about the over-saturation of short-term rentals in the area and their negative impact on neighborhood quality of life. Jennifer Bailey followed 15:00, reading statements from elderly neighbors who opposed the short-term rental due to concerns about noise and neighborhood impact. Gail Whitener 16:00 discussed additional neighborhood concerns about noise, parking, and the broader impact of short-term rentals on the community.

786 Bravington Way Short-Term Rental Opposition

Five residents spoke against the proposed short-term rental at 786 Bravington Way. Neil Conrad 17:00 raised concerns about parking and safety issues related to the property. Phillip Johnson 18:00 noted that the property was already being rented out and expressed concerns about parking and compliance with regulations.

Amy Chappell Hamlin 19:00 voiced opposition based on traffic concerns and potential neighborhood impact. Betsy Luckey 20:00 opposed the application, citing concerns about maintaining neighborhood character and parking availability. Kim Justice 21:00 questioned whether the applicant actually maintained primary residence status at the property and expressed opposition to the short-term rental.

Common themes across all public comments included concerns about parking availability, noise impacts, neighborhood character preservation, traffic increases, and compliance with short-term rental regulations. No speakers voiced support for either proposed short-term rental application during the public comment period.

Contested Items

Three development requests faced significant community opposition during the June 10, 2024 meeting, all centering on concerns about neighborhood impacts and compatibility.

Demarcus Lewis Variance Request The meeting addressed multiple variance requests submitted by Demarcus Lewis that drew community opposition. Residents expressed concerns about the proposed size and intended use of accessory structures included in the variance application. The specific nature of the variances and the community's objections focused on how these structures would fit within the existing neighborhood character and their potential impact on surrounding properties.

253 Hill N Dale Short-Term Rental Permit A conditional use permit application for establishing a short-term rental at 253 Hill N Dale generated significant opposition from neighboring residents. The primary concerns raised by community members centered on potential noise issues and the broader impact such a commercial use would have on the residential neighborhood. Neighbors voiced objections about how transient occupancy could disrupt the established residential character of the area.

786 Bravington Way Short-Term Rental Permit Similarly, the conditional use permit request for a short-term rental at 786 Bravington Way faced neighborhood opposition. Residents in the area raised specific concerns about parking availability and the potential negative effects on neighborhood character. The opposition focused on how increased visitor traffic and parking demands from short-term rental guests could impact the residential nature of Bravington Way.

All three contested items involved community members actively participating in the public hearing process to voice their objections to the proposed developments. The common themes across the opposition included concerns about maintaining neighborhood character, managing potential nuisances, and ensuring compatibility between new uses and existing residential areas.

*Note: Specific timestamps and final outcomes for these contested items were not available in the provided meeting data.*

Approval of Minutes

0:00

The Board considered the approval of minutes from two previous meetings during this agenda item. Board member Branden Gross participated in the discussion regarding the minutes from the March 2024 and April 2024 meetings.

The Board reviewed the documentation from both meetings before proceeding with the approval process. No specific concerns or amendments to the minutes were noted during the discussion.

Following the review, the Board approved the minutes from both the March 2024 and April 2024 meetings.

Variance Request by Jeromie R. Kirk

1:00

The board reviewed variance request PLN-BOA-24-00012 submitted by Jeromie R. Kirk. The request sought approval to increase the allowable width of a driveway from the standard 10 feet to 20 feet.

Chris Warner served as the key speaker presenting information about this variance request to the board members. The discussion centered on the specific dimensional requirements and the justification for exceeding the typical driveway width limitations established in the local zoning ordinance.

Following the presentation and board discussion, the variance request was approved, allowing Kirk to proceed with constructing a 20-foot-wide driveway rather than being restricted to the standard 10-foot width requirement.

Variance Request by Barbara and Henry Hinkle

2:00

The board reviewed variance request PLN-BOA-24-00063 submitted by Barbara and Henry Hinkle. The request sought to reduce the required side street side yard setback for an accessory structure on their property.

Thomas Wilmes served as the key speaker presenting information about the variance request to the board members. The discussion focused on the specific setback reduction needed for the proposed accessory structure and whether the request met the criteria for granting a variance.

Following the presentation and board discussion, the variance request was approved, allowing the Hinkles to proceed with their accessory structure project with the reduced setback requirements.

Variance Request by Jessica Sucik and Tara Stanfield

3:00

The Board of Appeals reviewed case PLN-BOA-24-00071, a variance request submitted by Jessica Sucik and Tara Stanfield to reduce the required side yard setback from 8 feet to 5 feet.

Brandee Smith presented the case to the board, outlining the details of the variance request. The applicants sought relief from the standard setback requirements to accommodate their proposed development plans.

The board discussed the merits of the request, evaluating whether the variance met the necessary criteria for approval. The 3-foot reduction in the side yard setback requirement would allow the applicants to proceed with their project while maintaining adequate spacing from adjacent properties.

Following their review and discussion of the application materials, the board voted to approve the variance request. The approval allows Jessica Sucik and Tara Stanfield to proceed with their project using the reduced 5-foot side yard setback instead of the standard 8-foot requirement.

Variance Request by Lopez Construction

The Board of Adjustment reviewed case PLN-BOA-24-00074, a variance request submitted by Lopez Construction 4:00. The application sought multiple variances including modifications to rear yard setback requirements and driveway width standards.

Mark Arnold served as the key speaker presenting details of the variance request to the board. The discussion centered on the specific variances being sought, which involved deviations from standard zoning requirements for both the rear yard setback dimensions and the proposed driveway width specifications.

The board evaluated the merits of the variance application, considering the specific circumstances of the property and whether the requested modifications met the criteria for approval under local zoning ordinances. The discussion examined how the proposed variances would impact the overall development plan and surrounding properties.

Following their review and deliberation of the case details, the Board of Adjustment voted to approve the variance request. The approval allows Lopez Construction to proceed with their project under the modified setback and driveway width requirements as specified in the variance application.

The successful outcome of PLN-BOA-24-00074 provides Lopez Construction with the necessary zoning relief to move forward with their development plans while maintaining compliance with adjusted standards approved by the board.

Conditional Use Permit for Poppys Flower Bar

5:00

The board reviewed application PLN-BOA-24-00064, a conditional use permit request for Poppys Flower Bar to establish a cocktail lounge with reduced setback requirements.

Shelby White served as the key speaker presenting the application to the board. The request involved two primary components: authorization to operate a cocktail lounge at the proposed location and approval for a variance to reduce the standard setback requirements that would typically apply to this type of establishment.

The board discussed the merits of the application, examining how the proposed cocktail lounge would fit within the existing zoning framework and neighborhood context. The setback reduction request required particular consideration, as it represented a deviation from standard zoning requirements.

Following their review and discussion of the application materials, the board voted to approve the conditional use permit for Poppys Flower Bar. The approval allows the establishment to move forward with plans to operate as a cocktail lounge while maintaining the reduced setback that was requested as part of the application.

The approval of PLN-BOA-24-00064 enables Poppys Flower Bar to proceed with their business plans under the conditions established through the conditional use permit process.

Variance Request by Demarcus Lewis

6:00

The board considered case PLN-BOA-24-00067, a variance request submitted by Demarcus Lewis. The request involved multiple variances, including one specifically related to accessory structure height requirements.

Lewis presented his case to the board, seeking relief from existing zoning regulations that would otherwise prevent his proposed development or modifications. The specific details of the variances requested were not fully detailed in the available materials, though the accessory structure height variance was identified as a key component of the application.

During the discussion, board members evaluated the merits of Lewis's request against the standard criteria for granting variances, which typically include considerations of hardship, practical difficulties, and whether the variance would be contrary to the public interest or undermine the intent of the zoning ordinance.

After deliberation, the board voted to deny the variance request. The specific reasons for the denial were not detailed in the available summary materials, but the decision indicates that the board determined Lewis's application did not meet the necessary standards for approval under the applicable variance criteria.

The denial means that Lewis will not be permitted to proceed with his proposed project as originally planned and would need to either modify his plans to comply with existing zoning requirements or potentially appeal the board's decision through appropriate legal channels.

Variance Request by Leona Greer Estate

7:00

The Board of Adjustment reviewed case PLN-BOA-24-00075, a variance request submitted by the Leona Greer Estate. The application sought multiple variances, including a side yard setback variance for the property.

Darren Taylor served as the key speaker presenting information about the variance request to the board. The discussion centered on the specific variances being requested and their compliance with local zoning requirements.

Following the presentation and board discussion, the variance request was approved. The approval allows the Leona Greer Estate to proceed with their proposed development plans that required relief from standard setback requirements and other zoning provisions.

The case represents one of several variance requests considered during the meeting, with the board finding that the application met the necessary criteria for approval under the local zoning ordinance.

Variance Request by Booker Group Investments LLC

8:00

The board reviewed agenda item PLN-BOA-24-00076, a variance request submitted by Booker Group Investments LLC. Harvey Booker served as the key speaker representing the applicant during the discussion.

The request involved multiple variances, including a front yard setback variance, though the specific details of all requested variances were not fully detailed in the available materials. The application required board consideration due to deviations from standard zoning requirements that would affect the proposed development.

During the presentation and subsequent discussion, the board determined that additional review was necessary before making a decision on the variance request. The specific concerns or issues that prompted the need for further review were not detailed in the available information.

Following deliberation, the board voted to postpone the matter rather than approve or deny the application at this meeting. This postponement allows for additional time to review the application materials, address any outstanding questions, or gather additional information needed to make an informed decision.

The postponement means Booker Group Investments LLC will need to return to a future board meeting for final consideration of their variance request. No timeline was specified for when the item would return to the agenda for final action.

Conditional Use Permit for Armenteros Property Group LLC

9:00

The board considered agenda item PLN-BOA-24-00065, a conditional use permit application submitted by Armenteros Property Group LLC for an un-hosted short-term rental operation.

Carlos Armenteros presented the request to the board on behalf of the applicant company. The specific details of the proposed short-term rental, including location and operational parameters, were discussed during the meeting.

The application generated discussion among board members, though the specific concerns raised during deliberations are not detailed in the available meeting materials. The request required board approval to move forward with the proposed un-hosted short-term rental use.

When the matter came to a vote, the board was unable to reach a majority decision. The vote resulted in a tie, which under standard parliamentary procedure means the motion failed to pass. As a result, the conditional use permit application PLN-BOA-24-00065 for Armenteros Property Group LLC was denied.

This denial means the applicant cannot proceed with the proposed un-hosted short-term rental operation under the current application. The applicant would need to submit a new application or appeal the decision through appropriate channels if they wish to pursue the project further.

Conditional Use Permit for Purple Door Management LLC

10:00

The board reviewed application PLN-BOA-24-00070, a conditional use permit request submitted by Purple Door Management LLC for an un-hosted short-term rental operation.

Nicholas Huntin served as the key speaker presenting information about the application during the discussion. The request centered on obtaining the necessary permits to operate a short-term rental property without on-site hosting, meaning guests would have access to the property without the owner or manager being present during their stay.

The board examined the details of Purple Door Management LLC's proposal, reviewing the specific requirements and conditions that would need to be met for this type of rental operation. Un-hosted short-term rentals typically require additional oversight and compliance measures compared to hosted arrangements, as they involve guests having independent access to residential properties.

Following their review and discussion of the application materials, the board moved to approve the conditional use permit for Purple Door Management LLC. The approval allows the company to proceed with their un-hosted short-term rental operations, subject to meeting all applicable conditions and requirements outlined in the permit.

The decision represents the board's determination that the proposed use meets the necessary criteria for approval and is compatible with local zoning and land use regulations governing short-term rental activities in the jurisdiction.

Conditional Use Permit for Blake Hendricks

11:00

The board reviewed application PLN-BOA-24-00072, a conditional use permit request submitted by Blake Hendricks for an un-hosted short-term rental property.

Blake Hendricks presented the application to the board, requesting approval to operate a short-term rental without on-site hosting. The specific details of the property location, rental terms, and operational parameters were discussed during the presentation.

The board evaluated the request according to applicable zoning regulations and conditional use permit criteria for short-term rental operations. The un-hosted nature of the proposed rental was a key consideration in the review process.

Following discussion of the application details and any relevant concerns, the board voted to approve the conditional use permit for Blake Hendricks' un-hosted short-term rental request.

Outcome: Approved

Conditional Use Permit for Leitha Pash-Lewis

12:00

The board considered agenda item PLN-BOA-24-00069, a conditional use permit application submitted by Leitha Pash-Lewis for an un-hosted short-term rental property.

Leitha Pash-Lewis presented her request to the board, seeking approval to operate a short-term rental without on-site hosting. The specific details of the property location, proposed rental operations, and any supporting documentation were discussed during the presentation.

Following the applicant's presentation and board discussion, the conditional use permit application was put to a vote. The vote resulted in a tie, which under board procedures constitutes a failure to approve the application.

Outcome: The conditional use permit for Leitha Pash-Lewis was denied due to the tie vote. The application for the un-hosted short-term rental did not receive the necessary approval to move forward.

Conditional Use Permit for Christian Perry

13:00

The Board of Adjustment reviewed application PLN-BOA-24-00077, a conditional use permit request submitted by Christian Perry for an un-hosted short-term rental property.

Christian Perry presented his application to the board, seeking approval to operate a short-term rental without on-site hosting. The specific details of the property location, proposed rental operations, and any conditions discussed during the meeting were not detailed in the available materials.

The board conducted their review of Perry's conditional use permit application according to standard procedures for short-term rental requests. The discussion covered the typical considerations for such applications, including compliance with zoning requirements and operational standards for un-hosted rental properties.

Following their deliberation, the Board of Adjustment approved Christian Perry's conditional use permit request for the un-hosted short-term rental operation. The approval allows Perry to proceed with his proposed short-term rental business under the terms and conditions established by the permit.

The successful outcome of PLN-BOA-24-00077 represents another conditional use permit granted by the board for short-term rental operations in the jurisdiction.