Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on September 9, 2024, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed nine agenda items during the session, considering various variance requests, conditional use permits, and amendments from property owners and organizations throughout Fayette County. The board conducted nine motions and votes throughout the meeting, with outcomes ranging from approvals to denials and one postponement. Three members of the public provided comments during the proceedings.

Of the nine matters considered, six applications were approved, including variance requests for Madden Family LLC No 21, Leon Hines, and the Kentucky Transportation Cabinet, as well as an amendment for The Lexington School and conditional use permits for Michael Tuttle (which also included a variance) and Booker Group Investments LLC. The board postponed consideration of a conditional use application for The Church in Lexington Inc, while denying conditional use requests from both Brennan and Suzanne Feran and John Workman. The meeting demonstrated the board's role in reviewing zoning-related requests and ensuring compliance with local development standards while balancing property owner needs with community interests.

Attendance

The following members were present at the September 9, 2024 meeting:

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

Leon Hines arrived late to the meeting.

No members were recorded as absent.

Votes and Decisions

The board considered nine applications during the September 9, 2024 meeting, with seven passing, one postponed, and two failing.

Approved Applications:

• PLN-BOA-24-00084 2:30: Variance to increase parking spaces and reduce landscape buffer for Madden Family LLC No 21 passed unanimously (7-0) on motion by Chad Walker, seconded by Harry Clarke. The approval includes three conditions regarding development compliance, Final Development Plan reflection, and obtaining necessary permits.

• PLN-BOA-24-00109 3:45: Variance for rear yard setback for Leon Hines passed unanimously (7-0) on motion by Carolyn Plumlee, seconded by Bob Sturdivant, with two conditions for construction compliance and permits.

• PLN-BOA-24-00122 5:00: Variances for Kentucky Transportation Cabinet passed 6-0-1 on motion by Harry Clarke, seconded by Bob Sturdivant. Branden Gross abstained. Three conditions apply regarding development compliance.

• PLN-BOA-24-00114 6:15: Amendment to conditional use permit for The Lexington School passed unanimously (7-0) on motion by Carolyn Plumlee, seconded by Bob Sturdivant, with conditions including stormwater management plan implementation.

• PLN-BOA-24-00115 7:30: Conditional use and variance for Michael Tuttle passed unanimously (7-0) on motion by Branden Gross, seconded by Bob Sturdivant, requiring Traffic Engineering approval.

• PLN-BOA-24-00100 10:00: Conditional use permit for Booker Group Investments LLC passed unanimously (7-0) on motion by Branden Gross, seconded by Harry Clarke, with conditions including obtaining 501(c)(3) status within one year.

Other Actions:

• PLN-BOA-24-00119 8:45: Conditional use permit for The Church in Lexington Inc was postponed unanimously (7-0) on motion by Branden Gross, seconded by Bob Sturdivant.

• PLN-BOA-24-108 11:15: Conditional use permit for Brennan and Suzanne Feran failed 3-3-1. Voting for: Carter, Clarke, Gross. Voting against: Plumlee, Sturdivant, Tucker. Walker abstained.

• PLN-BOA-24-112 12:30: Conditional use permit for John Workman failed 3-3-1 with identical voting pattern as the previous application.

Public Comment

Three residents spoke during the public comment period, all addressing concerns about short-term rentals (STRs) and their impact on local neighborhoods and housing availability.

Tommy Ross 13:45 expressed opposition to short-term rentals in the Kenwick neighborhood. Ross raised concerns about the saturation of STRs in the area and their negative effects on both housing availability and community cohesion within the neighborhood.

Judy Humble 14:30 discussed the broader community impact of short-term rentals. Humble emphasized how STRs disrupt the social fabric of neighborhoods and contribute to the removal of affordable housing units from the market, affecting long-term residents' ability to find housing.

Kay Meyers 15:15 highlighted the connection between short-term rentals and the affordable housing crisis. Meyers specifically urged the board to deny further STR applications, citing the impact these rentals have on reducing the availability of affordable housing options in the community.

All three speakers focused on similar themes regarding short-term rentals, presenting a unified voice of concern about their effects on neighborhood character, community stability, and housing affordability. The comments reflected broader community concerns about the balance between tourism accommodation and residential housing needs.

Contested Items

The September 9, 2024 meeting featured significant community opposition regarding short-term rental policies, particularly focused on the Kenwick neighborhood and broader approval processes.

Short-term Rentals in Kenwick

Residents voiced strong opposition to the approval of additional short-term rentals in the Kenwick neighborhood. Community members raised concerns about the impact of these rentals on local housing availability, arguing that converting residential properties to short-term rentals reduces the stock of homes available for long-term residents. Additionally, residents expressed worries about community cohesion, suggesting that transient visitors disrupt the neighborhood's established character and social fabric.

The opposition highlighted tensions between property owners seeking to capitalize on short-term rental opportunities and existing residents who prioritize maintaining traditional residential communities. Community members appeared unified in their resistance to expanding short-term rental operations in their neighborhood.

Approval Process Disputes

A separate contentious issue emerged regarding the procedural aspects of short-term rental approvals. Participants engaged in discussions marked by confusion about the proper process for grandfathering existing short-term rental operations and approving new applications.

The procedural dispute centered particularly on occupancy limits and how they should be determined and enforced. There appeared to be uncertainty about which properties qualified for grandfathered status and what standards should apply to new applications. This confusion suggested gaps in the current regulatory framework or unclear communication about existing policies.

The procedural disagreements indicated broader challenges in implementing consistent short-term rental regulations, with stakeholders seeking clarity on application processes, approval criteria, and enforcement mechanisms. The discussion revealed the need for clearer guidelines to ensure fair and transparent decision-making for future short-term rental applications.

Variance for Madden Family LLC No 21

2:30

The Board of Adjustment considered application PLN-BOA-24-00084, a variance request submitted by Madden Family LLC No 21. The applicant sought approval for two specific variances to existing zoning requirements.

The first variance requested permission to increase the number of parking spaces from the currently allowed 28 spaces to 50 spaces. The second variance sought to reduce the required landscape buffer from 8 feet to 5 feet.

Richard Scott served as a key speaker during the discussion of this agenda item, presenting details about the variance request and its justification.

The Board reviewed the application and determined that the requested variances met the necessary criteria for approval. However, the approval came with specific conditions that the applicant must satisfy.

The Board voted to approve both variance requests with conditions. The approval allows Madden Family LLC No 21 to proceed with their development plans that include the expanded parking capacity of 50 spaces and the reduced landscape buffer of 5 feet, provided they comply with any stipulated conditions attached to the approval.

This variance approval enables the applicant to move forward with their project while addressing the practical needs for additional parking while maintaining some landscape buffering requirements, albeit at a reduced width from the standard requirement.

Variance for Leon Hines

3:45

The board reviewed variance application PLN-BOA-24-00109 submitted by Leon Hines requesting a reduction in the required rear yard setback from 20 feet to 10 feet to accommodate a deck expansion.

Leon Hines presented his request to the board, seeking approval to expand his existing deck structure. The proposed expansion would encroach into the standard 20-foot rear yard setback requirement, necessitating a 10-foot variance to proceed with the project.

The board evaluated the variance request against standard criteria, considering factors such as the impact on neighboring properties, compliance with zoning objectives, and whether the request represented the minimum variance necessary to achieve the applicant's goals.

Following discussion and review of the application materials, the board voted to approve the variance request. The approval came with conditions, though the specific conditions were not detailed in the available meeting materials.

The approval allows Hines to proceed with his deck expansion project while maintaining a reduced 10-foot rear yard setback instead of the standard 20-foot requirement. This decision enables the property improvement while ensuring appropriate oversight through the conditional approval structure.

Variances for Kentucky Transportation Cabinet

The Board of Adjustments reviewed case PLN-BOA-24-00122, a variance request submitted by the Kentucky Transportation Cabinet 5:00. Kyle Ray served as the key speaker presenting the case to the board.

The request involved multiple variances to existing zoning requirements. Specifically, the Kentucky Transportation Cabinet sought approval to increase the front yard setback beyond standard requirements and to reduce the required landscape buffer area for their project. These variances were necessary to accommodate the specific needs and constraints of the transportation infrastructure project.

During the presentation, Ray outlined the technical justifications for each requested variance, explaining how the modifications would serve the public interest while maintaining compatibility with surrounding land uses. The discussion focused on the practical necessities that made these variances essential for the project's successful implementation.

The board evaluated the request against standard variance criteria, considering factors such as unique physical constraints, public benefit, and potential impacts on neighboring properties. Members examined whether the requested modifications represented the minimum necessary deviation from zoning requirements to achieve the project's objectives.

Following deliberation, the Board of Adjustments approved the variance request with conditions. The conditional approval ensures that the Kentucky Transportation Cabinet must meet specific requirements or limitations as they proceed with their project, balancing the need for infrastructure development with zoning compliance and community standards.

The approval of PLN-BOA-24-00122 allows the Kentucky Transportation Cabinet to move forward with their project while adhering to the conditions established by the board to protect community interests and maintain appropriate development standards.

Amendment for The Lexington School

6:15

The Board of Adjustment reviewed case PLN-BOA-24-00114, an amendment for The Lexington School to construct an outdoor theater as part of their conditional use permit.

Luna McCarthy served as the key speaker presenting the amendment request. The proposal involved adding an outdoor theater facility to the existing school campus, which required modification of the school's current conditional use authorization.

The board considered the amendment request for the outdoor theater construction project. The discussion focused on how this addition would integrate with the school's existing operations and facilities under their conditional use permit framework.

Following review and deliberation, the Board of Adjustment approved the amendment with conditions. The conditional approval ensures that the outdoor theater construction and operation will comply with specific requirements designed to address any potential impacts on the surrounding area while allowing The Lexington School to proceed with their facility enhancement project.

The approval of PLN-BOA-24-00114 permits The Lexington School to move forward with constructing the outdoor theater, subject to meeting the conditions established by the board as part of the amended conditional use permit.

Conditional use and variance for Michael Tuttle

7:30

The board reviewed application PLN-BOA-24-00115, a conditional use and variance request submitted by Michael Tuttle. The application sought to extend R-4 zoning regulations and reduce exterior yard setback requirements for his property.

Michael Tuttle presented his request to the board, explaining the need for the zoning modifications. The conditional use portion of the application requested an extension of existing R-4 zoning regulations, while the variance component sought to reduce the required exterior yard setback from the standard requirements.

The board considered the merits of both the conditional use and variance requests. The discussion focused on how the proposed modifications would align with existing zoning standards and whether the requested setback reduction would be appropriate for the surrounding area.

After reviewing the application materials and hearing from Tuttle, the board voted to approve both the conditional use and variance requests. The approval came with conditions, though the specific conditions were not detailed in the available materials.

The approval allows Tuttle to proceed with his project under the modified zoning parameters, including the reduced exterior yard setback requirements and the extended R-4 zoning regulations as requested in his application.

Conditional use for The Church in Lexington Inc

8:45

The Board of Adjustment reviewed case PLN-BOA-24-00119, a conditional use request from The Church in Lexington Inc to establish a place of religious assembly.

Charlie Hall served as the key speaker for this agenda item during the discussion.

The request sought approval for the establishment of a religious assembly facility, which requires conditional use approval under local zoning regulations.

Following discussion, the Board determined that additional time was needed to properly evaluate the application. The case was postponed for further discussion at a future meeting, allowing more time for review of the proposal and any associated documentation or concerns that may need to be addressed.

No final decision was rendered on the conditional use request during this meeting.

Conditional use for Booker Group Investments LLC

10:00

The board reviewed application PLN-BOA-24-00100, a conditional use request submitted by Booker Group Investments LLC to establish a community center. Harvey Booker served as the primary speaker representing the applicant during the proceedings.

The request sought approval to operate a community center facility under the conditional use provisions of the local zoning ordinance. Booker presented the proposal to the board, outlining the intended use and operations of the proposed community center.

Following the presentation and board discussion, the conditional use application was approved. However, the approval came with specific conditions that must be met by Booker Group Investments LLC. The exact nature of these conditions was not detailed in the available meeting materials, but they represent requirements the applicant must fulfill to maintain compliance with the conditional use permit.

The approval of PLN-BOA-24-00100 allows Booker Group Investments LLC to proceed with establishing the community center, subject to adherence to the stipulated conditions. This conditional use permit represents the board's determination that the proposed community center use is appropriate for the location while ensuring proper oversight through the attached conditions.

Conditional use for Brennan and Suzanne Feran

11:15

The board considered agenda item PLN-BOA-24-108, a conditional use request submitted by Brennan and Suzanne Feran for an unhosted short-term rental property.

Brennan Feran spoke on behalf of the application, presenting the request to the board. The specific details of the property location, proposed rental operations, and any supporting documentation were discussed during his presentation.

The board deliberated on the conditional use application, examining the proposal against applicable zoning requirements and community standards for short-term rental operations. Board members raised various concerns during their review of the application, though the specific nature of these concerns was not detailed in the available materials.

The conditional use request failed to receive approval due to a split vote among board members. The divided decision indicates that while some board members supported the Ferans' application, others had reservations that prevented the required majority needed for approval.

The denial means the Ferans will not be permitted to operate the proposed unhosted short-term rental under the current application. They may have options to address the board's concerns and resubmit their request or appeal the decision through appropriate channels.

This outcome reflects the board's careful consideration of short-term rental applications and their impact on local zoning and community standards.

Conditional use for John Workman

12:30

The Board of Adjustment considered application PLN-BOA-24-112, a conditional use request submitted by John Workman for an unhosted short-term rental property.

John Workman 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 supporting documentation were discussed during the presentation.

The board deliberated on the merits of the conditional use request, examining factors typically considered for short-term rental applications such as neighborhood compatibility, parking availability, and compliance with local zoning requirements.

The application failed to receive approval due to a split vote among board members. The divided decision indicates that while some members supported granting the conditional use permit, others had concerns that prevented unanimous or majority approval.

The denial means John Workman's request to operate an unhosted short-term rental at the specified property was not approved, and he would need to address the board's concerns or modify his proposal if he wishes to resubmit the application in the future.