Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on October 14, 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 four agenda items during the session, all of which were approved, including variance and amendment requests from various applicants. The meeting included five motions and votes, with the board hearing two public comments from community members. All four matters brought before the board—variance requests by VanMeter Pettit and Saunier Livery LLC, along with amendment requests by the Unitarian Universalist Church of Lexington and Lexington Islamic Center Inc—received approval from the board members.

Attendance

Present: • Raquel Carter • Harry Clarke • Bob Sturdivant • Linda Tucker • Chad Walker

Absent: • Branden Gross • Carolyn Plumlee

Late: • None

Five members were present for the October 14, 2024 meeting, with two members absent and no late arrivals recorded.

Votes and Decisions

The Board of Adjustment took action on five items during the October 14, 2024 meeting, with all motions passing unanimously.

Minutes Approval 0:00 Chad Walker motioned to approve the minutes from the July 8, 2024 Board of Adjustment meeting, seconded by Linda Tucker. The motion passed unanimously 5-0, with votes from Raquel Carter, Harry Clarke, Bob Sturdivant, Linda Tucker, and Chad Walker.

PLN-BOA-24-00118 10:14 Harry Clarke motioned to approve the variance request by VanMeter Pettit, seconded by Bob Sturdivant. The motion passed unanimously 5-0, with all five board members voting in favor. The approval included conditions requiring construction to be in accordance with submitted application materials and site plan as revised on October 7, 2024, and obtaining necessary permits from the Division of Building Inspection.

PLN-BOA-24-00138 20:14 Harry Clarke motioned to approve the amendment request by Unitarian Universalist Church of Lexington, seconded by Bob Sturdivant. The motion passed unanimously 5-0. The approval omitted condition #5 regarding the sidewalk from Clays Mill Road frontage to the building entrance.

PLN-BOA-24-00137 30:14 Chad Walker motioned to approve the variance request by Saunier Livery LLC, seconded by Bob Sturdivant. The motion passed unanimously 5-0. The approval required the applicant to submit an amended site plan and obtain approval by the Division of Building Inspection.

PLN-BOA-24-00039 40:14 Harry Clarke motioned to approve the amendment request by Lexington Islamic Center Inc, seconded by Bob Sturdivant. The motion passed unanimously 5-0. The approval included conditions requiring modification of the site plan to show no parking within the first 100 feet of the front yard along Armstrong Mill Road and removal of nine parking spaces along the eastern property line to protect a burr oak tree.

Public Comment

Two residents addressed the meeting during the public comment period, both expressing concerns about short-term rentals in their neighborhood.

Carl Sturser spoke first, raising concerns about the impact of short-term rentals on the community 50:14. Sturser specifically highlighted parking issues and expressed worries about how short-term rentals affect neighborhood tranquility.

Mary Reid followed with her comments opposing short-term rentals in the area 60:14. Reid cited concerns about maintaining neighborhood character and addressed issues related to density impacts from short-term rental operations.

Both speakers focused their remarks on the effects of short-term rental properties, presenting a unified voice of concern from residents about these types of accommodations in their community.

Contested Items

The meeting on October 14, 2024, featured one primary contested item that drew significant community opposition.

Short-term Rental Approvals

The most contentious issue of the meeting centered on proposed short-term rental approvals, which faced substantial pushback from community members in attendance. Multiple residents voiced concerns about how these rental properties would affect their neighborhoods, specifically citing two main areas of opposition:

• Neighborhood Character: Community members expressed worry that short-term rentals would alter the residential nature of their neighborhoods, potentially changing the community atmosphere and long-term stability of the area.

• Parking Impact: Residents raised concerns about increased parking demands that would result from short-term rental operations, suggesting that transient guests would create additional strain on already limited neighborhood parking resources.

The opposition appeared to be organized, with several community members speaking against the proposals during the public comment period. The nature of their concerns suggested ongoing tensions between property owners seeking to operate short-term rentals and established residents who prefer to maintain traditional residential use patterns in their neighborhoods.

While the extracted data indicates this was a point of significant community opposition, the specific outcome of the deliberations on these short-term rental approvals was not detailed in the available information. The level of community engagement on this issue suggests it may be an ongoing concern that could resurface in future meetings.

*Note: Specific transcript timestamps were not available in the provided data for this contested item.*

Variance request by VanMeter Pettit

10:14

The Board of Adjustment considered case PLN-BOA-24-00118, a variance request submitted by VanMeter Pettit. The request sought multiple variances for a property located within both an Infill and Redevelopment Area and an Historic District Overlay zone.

The specific variances requested included: • Reduction of the required front yard setback • Reduction of the required side street side yard setback • Increase in the maximum allowable building height beyond current zoning restrictions

VanMeter Pettit presented the request to the board, though the specific details of their presentation and any supporting documentation were not detailed in the available materials.

The property's dual zoning designations as both an Infill and Redevelopment Area and Historic District Overlay zone created unique regulatory considerations for the proposed development. These overlay zones typically have specific design standards and development requirements that must be balanced with the requested variances.

Following consideration of the request, the Board of Adjustment approved the variance application. The approval allows the applicant to proceed with their development plans despite not meeting the standard setback and height requirements that would normally apply to the property.

The approval of this variance request demonstrates the board's willingness to grant flexibility within established zoning parameters when projects are located in designated infill and redevelopment areas, even when historic district considerations are also present.

Amendment request by Unitarian Universalist Church of Lexington

20:14

The board considered case PLN-BOA-24-00138, an amendment request by the Unitarian Universalist Church of Lexington to modify their existing conditional use permit for a place of religious assembly. The church sought approval to expand their parking area.

Scott Southall served as the key speaker presenting the amendment request to the board. The proposal involved modifying the church's current conditional use permit to accommodate additional parking capacity on their property.

The request was presented as a straightforward expansion of existing parking facilities to better serve the congregation and visitors to the religious assembly. The amendment would allow the church to increase their parking area beyond what was originally approved under their current conditional use permit.

The board reviewed the amendment request and determined it met the necessary requirements for approval. No significant concerns or objections were raised during the discussion of this agenda item.

The board approved the amendment request, allowing the Unitarian Universalist Church of Lexington to proceed with expanding their parking area as proposed under the modified conditional use permit.

Variance request by Saunier Livery LLC

30:14

The Board of Appeals considered case PLN-BOA-24-00137, a variance request submitted by Saunier Livery LLC to increase the allowable height of a rear fence from the standard eight feet to twelve feet.

Mike Meuser served as the key speaker presenting the variance request to the board. The application sought approval to exceed the typical residential fencing height restrictions by four feet for a rear yard fence installation.

The board reviewed the variance request and ultimately approved the application, allowing Saunier Livery LLC to proceed with the construction of a twelve-foot rear fence on their property. The approval grants the company permission to exceed the standard eight-foot height limitation established in the local zoning ordinance.

This variance enables the property owner to install fencing that is 50% taller than what would normally be permitted under current regulations, providing additional privacy or security measures for the rear portion of their property.

Amendment request by Lexington Islamic Center Inc

40:14

The Board of Adjustment reviewed application PLN-BOA-24-00039, an amendment request by Lexington Islamic Center Inc to modify an existing conditional use permit for a place of religious assembly. The proposed changes include constructing an addition to the existing facility and developing new parking areas.

Vision Engineering served as the key speaker representing the applicant during the presentation. The request sought to amend the conditional use permit that currently allows the Islamic Center to operate as a place of religious assembly, with the modifications aimed at expanding the facility's capacity and improving parking accommodations for congregants.

The amendment request was approved by the Board of Adjustment, allowing the Lexington Islamic Center Inc to proceed with their planned expansion and parking improvements under the modified conditional use permit.