Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on July 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 eight agenda items during the session, consisting of four variance requests and four conditional use permit applications. The board heard five public comments throughout the proceedings and conducted eight motions and votes on the various applications before them.

The meeting resulted in seven approvals and one denial among the applications considered. Four variance requests were approved for James Baker, Shawn and Tami Willhite, Ian Cole, and Booker Group Investments LLC. Additionally, three conditional use permits were granted to Innocent Gama, Clays Mill Rd Baptist Church, and Francois Munyakazi. The only application that did not receive approval was the conditional use permit request from Diane James, which was denied by the board.

Attendance

Present: Raquel Carter, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, Chad Walker

Absent: Harry Clarke

Late: None

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

Votes and Decisions

The board considered eight applications during the meeting, with seven receiving approval and one failing due to lack of a second.

PLN-BOA-24-00082 2:30: Branden Gross motioned to approve a variance to reduce the required side yard setback for James Baker, seconded by Bob Sturdivant. The motion passed unanimously 6-0, with all members (Raquel Carter, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker) voting in favor. Construction must be in accordance with submitted application materials.

PLN-BOA-24-00083 3:45: A variance to reduce the front yard setback for Shawn and Tami Willhite was approved unanimously 6-0 on a motion by Branden Gross, seconded by Chad Walker. All members voted in favor, with the condition that necessary permits be obtained from the Division of Building Inspection.

PLN-BOA-24-00088 5:00: Bob Sturdivant motioned to approve a variance to increase allowable driveway width for Ian Cole, seconded by Carolyn Plumlee. The motion passed 6-0 with all members supporting, requiring the driveway be permitted according to submitted materials.

PLN-BOA-24-00076 6:30: A variance for Booker Group Investments LLC passed 4-1 on a motion by Bob Sturdivant, seconded by Carolyn Plumlee. Linda Tucker cast the sole dissenting vote, while Carter, Gross, Plumlee, and Sturdivant voted in favor. Construction must follow submitted materials with a revised site plan removing the proposed driveway.

PLN-BOA-24-00080 8:00: Innocent Gama's conditional use permit for a Type II childcare center was approved 5-1, with Branden Gross motioning and Chad Walker seconding. Carolyn Plumlee voted against, while the other five members supported the application for childcare serving up to 12 children.

PLN-BOA-24-00087 10:00: The Clays Mill Rd Baptist Church Board of Trustees received unanimous 6-0 approval for their childcare center conditional use on a motion by Chad Walker, seconded by Linda Tucker.

PLN-BOA-24-00073 12:00: Francois Munyakazi's un-hosted short term rental conditional use permit passed 5-1, with Chad Walker motioning and Branden Gross seconding. Carolyn Plumlee again voted against.

PLN-BOA-24-00079 14:00: Diane James's conditional use permit for an un-hosted short term rental failed when Carolyn Plumlee's motion received no second, ending consideration of the application.

Public Comment

Five residents addressed the board during the public comment period, raising concerns about various development and permit applications.

Steve Kay [06:45] spoke in opposition to the variance request for Booker Group Investments LLC, arguing that a ten-foot setback would be incompatible with other houses in the surrounding area.

Jim Baker [08:15] expressed concerns about the conditional use permit application for Innocent Gama's proposed daycare facility. Baker cited potential issues with increased traffic on the street and questioned whether the small backyard would be appropriate for a daycare operation.

Dana Horowitz [10:15] addressed the conditional use application for Clays Mill Rd Baptist Church, raising multiple concerns including anticipated increases in traffic and noise levels. Horowitz also questioned the church's commitment to maintaining trees that would be planted as part of the proposal.

Two residents spoke against short-term rental applications. Lois Kirkland [12:15] opposed the conditional use permit for Francois Munyakazi's short-term rental, citing concerns about parking availability, potential negative impacts on property values, and safety issues for the neighborhood.

Charles Height [14:15] also spoke against a short-term rental application, specifically the conditional use permit for Diane James. Height argued that the neighborhood already has a high concentration of short-term rentals and expressed concern that additional STRs could negatively impact housing availability for permanent residents.

The public comments reflected common neighborhood concerns about development impacts, including traffic, parking, noise, property compatibility, and the proliferation of short-term rentals in residential areas.

Appointments

The board made one appointment during the meeting.

• Michael Potapov was appointed to the Landscape Review Committee.

The appointment was approved by the board to fill a position on the committee that reviews landscape-related matters for the municipality.

Contested Items

Two agenda items faced significant community opposition during the July 8, 2024 meeting.

Variance for Booker Group Investments LLC

Community members raised concerns about a variance request from Booker Group Investments LLC, specifically regarding the compatibility of proposed setbacks with the existing neighborhood character. Residents expressed opposition based on how the requested variance would align with current neighborhood development patterns and standards.

Conditional Use Permit for Diane James

The conditional use permit application from Diane James for a short-term rental generated substantial community pushback. Opponents cited two primary concerns: the already high concentration of short-term rentals (STRs) in the neighborhood and the potential negative impact on local housing availability. Community members argued that approving additional short-term rental permits would exacerbate existing issues related to housing stock and neighborhood stability.

The opposition reflected broader concerns about the proliferation of short-term rentals in residential areas and their effects on permanent housing options for residents. Community members who spoke against the permit emphasized that the neighborhood already had reached what they considered an oversaturation point for this type of commercial use in residential zones.

Both contested items highlight ongoing tensions between development interests and community preservation concerns, with residents actively participating in the public process to voice their opposition to proposals they viewed as incompatible with neighborhood character and housing needs.

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

Variance for James Baker

2:30

The Board of Adjustment considered case PLN-BOA-24-00082, a variance request for James Baker to reduce the required side yard setback from 25 feet to 3 feet for construction of dwelling units.

Rory Kahly served as the key speaker presenting this variance request to the board. The application sought significant relief from the standard setback requirements, requesting a reduction of 22 feet from the typical 25-foot side yard setback requirement.

The variance was requested specifically to accommodate the construction of dwelling units on the property. The substantial setback reduction would allow the proposed structures to be positioned much closer to the property line than normally permitted under current zoning regulations.

The Board of Adjustment approved the variance request, granting Baker the relief needed to proceed with the dwelling unit construction at the reduced 3-foot side yard setback.

*Note: Limited transcript information was available for this agenda item, preventing a more detailed summary of the specific discussion points, concerns raised by board members, or conditions attached to the approval.*

Variance for Shawn and Tami Willhite

3:45

The Board of Adjustment considered case PLN-BOA-24-00083, a variance request from Shawn and Tami Willhite to reduce the required front yard setback from 20 feet to 16 feet for construction of a new detached garage.

Bruce Simpson presented the case to the board, explaining the specifics of the variance request and the circumstances that necessitated the reduced setback requirement.

The variance was approved by the board, allowing the Willhites to proceed with their detached garage construction at the reduced 16-foot front yard setback rather than the standard 20-foot requirement.

*Note: Limited transcript data was available for this agenda item. The summary reflects the basic case information and outcome as recorded in the meeting materials.*