Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on August 12, 2024, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Harry Clarke presiding as the meeting officer. The board addressed five agenda items during the session, including variance requests and conditional use permit applications from various property owners and organizations throughout the city.

The board took action on all five cases, conducting 20 motions and votes throughout the meeting. Four of the five applications involved variance requests or conditional use permits, with outcomes ranging from approval to denial. Two variance requests were approved: PLN-BOA-24-00101 for Jamie Steffen/Fuzion Athletics and PLN-BOA-24-00103 for TAK LLC. The board also approved PLN-BOA-24-00058, a conditional use permit amendment for Crestwood Christian Church.

However, the board denied PLN-BOA-24-00104, a variance request from Hellyer Properties LLC, and tabled PLN-BOA-24-00091, a conditional use permit request from First Alliance Church of the Christian and Missionary. The meeting included one public comment from a community member. The session demonstrated the board's role in reviewing zoning-related requests and making determinations that balance property owner needs with community standards and zoning regulations.

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 took action on 20 items during the August 12, 2024 meeting, with most decisions made unanimously by the six-member panel consisting of Harry Clarke, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker.

Postponements and Withdrawals 0:00 Five cases were postponed to future meetings: - PLN-BOA-24-00084 (MADDEN FAMILY LLC NO 21) postponed to September 9, 2024 on motion by Branden Gross, seconded by Bob Sturdivant - PLN-BOA-24-00036 (DUSTIN AND LAUREN GAGE) postponed to November 4, 2024 on motion by Bob Sturdivant, seconded by Carolyn Plumlee - PLN-BOA-24-00039 (LEXINGTON ISLAMIC CENTER INC) postponed to September 9, 2024 on motion by Chad Walker, seconded by Carolyn Plumlee - PLN-BOA-24-00094 (ARMENTEROS PROPERTY GROUP LLC) and PLN-BOA-24-00095 (CIRENIA MOLINA) both postponed to September 9, 2024

PLN-BOA-24-00097 (BROADWAY TWELFTH) was withdrawn on motion by Carolyn Plumlee, seconded by Bob Sturdivant.

Approved Applications The board approved multiple variance and conditional use permit requests, including: - PLN-BOA-24-00103 (TAK LLC) variance with construction conditions - PLN-BOA-24-00101 (JAMIE STEFFEN/FUZION ATHLETICS) variance - PLN-BOA-24-00058 (CRESTWOOD CHRISTIAN CHURCH) conditional use permit amendment with 12 conditions - Several short-term rental permits with occupancy limits, including PLN-BOA-24-00086 (CITATION TOWNHOMES, LLC) limited to 6 individuals and PLN-BOA-24-00096 (JOEL AND ABIGAIL FUGATE) limited to 12 individuals

Denied Applications Two applications were denied in roll call votes with Bob Sturdivant as the sole dissenting vote: - PLN-BOA-24-00104 (HELLYER PROPERTIES LLC) variance request (5-1 vote) - PLN-BOA-24-00099 (ROCK DANIELS) conditional use permit request (5-1 vote)

PLN-BOA-24-00091 (FIRST ALLIANCE CHURCH) was continued to a future meeting.

Public Comment

0:00 One member of the public addressed the meeting during the public comment period.

Colette Lane spoke regarding the First Alliance Church parking lot expansion project. Lane expressed several concerns about the proposed development's potential impact on her property and the surrounding area. Her primary concerns included:

• Water runoff issues that could affect neighboring properties
• The excavation work required for the parking lot construction
• The proximity of the proposed parking lot to her property

Lane requested improved communication from the church regarding the project details and asked for more comprehensive information about the expansion plans. She emphasized the need for better coordination between the church and affected neighbors to address potential impacts from the development.

No other members of the public spoke during the comment period.

Contested Items

Two items generated significant debate during the August 12, 2024 meeting, resulting in split decisions and community concerns.

PLN-BOA-24-00104: HELLYER PROPERTIES LLC Variance Request

The board faced division over a variance request from Hellyer Properties LLC for a taller fence installation. While the majority of board members voted to deny the variance request, the decision was not unanimous, with one member dissenting from the disapproval. The split vote highlighted differing perspectives among board members regarding the appropriateness of the proposed fence height variance.

PLN-BOA-24-00099: ROCK DANIELS Conditional Use Permit Request

This conditional use permit application from Rock Daniels encountered substantial opposition and was ultimately denied by the board. The primary concerns centered on two key issues: the substandard condition of Harry Street, which raised questions about infrastructure adequacy to support the proposed use, and the existing high concentration of short-term rentals in the surrounding area.

The board's decision to deny the Rock Daniels request reflected broader community concerns about the proliferation of short-term rental properties and their impact on neighborhood character and infrastructure. The poor condition of Harry Street was cited as a specific factor that would be negatively affected by additional development or increased usage associated with the proposed conditional use.

Both contested items demonstrate the board's careful consideration of community impact and infrastructure concerns, though they also reveal the complexity of balancing individual property rights with broader neighborhood interests. The split vote on the Hellyer Properties variance and the denial of the Rock Daniels permit based on infrastructure and density concerns illustrate the challenging decisions facing the board in managing development pressures while maintaining community standards.

PLN-BOA-24-00101: JAMIE STEFFEN/FUZION ATHLETICS variance request

0:00 The board reviewed a variance request submitted by Jamie Steffen for Fuzion Athletics to reduce the minimum distance requirement between an athletic club facility and a residential zone.

Tony Barrett presented the case to the board, providing details on the specific variance being sought and the circumstances surrounding the request. The staff had conducted their review of the application and recommended approval of the variance, contingent upon certain conditions being met.

The discussion centered on the proposed reduction of the standard setback requirements that typically govern the placement of athletic club facilities in relation to residential areas. The variance would allow Fuzion Athletics to operate closer to residential zones than normally permitted under current zoning regulations.

Following the presentation and board discussion of the merits of the request, the board voted to approve the variance application. The approval came with the conditions recommended by staff, which were designed to address any potential concerns about the reduced distance between the athletic facility and nearby residential properties.

The variance approval allows Jamie Steffen and Fuzion Athletics to proceed with their plans for the athletic club facility under the modified distance requirements, subject to compliance with the stipulated conditions.

PLN-BOA-24-00103: TAK LLC variance request

0:00 The Board of Appeals considered a variance request from TAK LLC to reduce the required front yard setback for a new single-family dwelling construction project.

Chris Clendenen presented the case to the board, providing details about the proposed variance and the circumstances necessitating the setback reduction. The request involved modifying standard zoning requirements to accommodate the planned residential development.

Staff analysis supported the variance application and recommended approval, though specific conditions were attached to the recommendation. The staff report indicated that the variance met the necessary criteria for approval under local zoning ordinances.

The board reviewed the application materials and staff recommendations during their deliberations. No significant opposition or concerns were raised during the discussion of this agenda item.

Following their review and discussion, the board voted to approve the TAK LLC variance request, accepting the staff's recommendation and any associated conditions for the reduced front yard setback requirement.

PLN-BOA-24-00058: CRESTWOOD CHRISTIAN CHURCH conditional use permit amendment

0:00

The board reviewed a conditional use permit amendment for Crestwood Christian Church's place of religious assembly. The application sought to modify existing conditions of approval for the church's operations.

John Gretz served as the key speaker presenting information about the proposed amendments to the conditional use permit. The discussion focused on updating the conditions that govern the church's use of the property as a religious assembly facility.

Staff provided a recommendation for approval of the amendment with specific conditions attached. The board considered the staff analysis and recommendations during their deliberations on how the modified conditions would affect the church's operations and compliance with zoning requirements.

The board ultimately approved the conditional use permit amendment, allowing Crestwood Christian Church to operate under the revised conditions of approval. This decision enables the church to continue its religious assembly activities while adhering to the updated permit requirements established by the board.

PLN-BOA-24-00104: HELLYER PROPERTIES LLC variance request

0:00

The Board of Appeals considered a variance request from Hellyer Properties LLC to increase the allowable height of a fence within the front yard setback area. Keith Hellyer represented the applicant during the discussion.

Staff presented their analysis and recommended disapproval of the variance request, citing insufficient justification for the proposed deviation from the standard fence height requirements in front yard areas. The staff report indicated that the applicant had not demonstrated the necessary hardship or unique circumstances that would warrant granting the variance.

During the discussion, the board evaluated whether the request met the required criteria for variance approval, including demonstrating practical difficulty or unnecessary hardship caused by the strict application of the zoning ordinance. The board considered factors such as the property's unique characteristics, the impact on neighboring properties, and whether the variance would be consistent with the intent of the zoning code.

Following their deliberation, the Board of Appeals denied the variance request. The denial aligned with the staff recommendation, indicating that the board found the justification provided by the applicant insufficient to overcome the standards required for variance approval. The decision maintains the existing fence height restrictions for the property's front yard area.

PLN-BOA-24-00091: FIRST ALLIANCE CHURCH OF THE CHRISTIAN AND MISSIONARY conditio

0:00

The Board of Adjustment considered a conditional use permit request from First Alliance Church of the Christian and Missionary Alliance to expand the parking lot for their existing place of religious assembly.

Staff presented their analysis and recommended approval of the conditional use permit with specific conditions. However, during the discussion, concerns were raised that required further consideration by the applicant.

Key speakers included Daniel Rehner and Colette Lane, who participated in the discussion regarding the proposed parking lot expansion. The specifics of the concerns raised were not detailed in the available materials, but they were significant enough to warrant additional review.

Rather than proceeding with a decision, the applicant requested a continuance to address the issues that had been identified during the board's review. This request was granted, and the item was tabled for future consideration.

The conditional use permit application will return to the Board of Adjustment at a later meeting once the applicant has had the opportunity to respond to the concerns raised and potentially modify their proposal accordingly.