Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on November 4, 2024, at 1:30 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed seven agenda items during the session, including the standard procedural matters of call to order, minutes approval, and adjournment, as well as substantive business items including a public hearing on zoning appeals, board items, and staff items.

The meeting featured active public participation with three public comments heard during the proceedings. The board conducted significant deliberative work, taking a total of 21 motions and votes throughout the session, demonstrating thorough consideration of the matters before them. The primary substantive outcome was the approval of board items, while other agenda items were handled as informational matters.

The session followed the typical structure for Board of Adjustment meetings, beginning with procedural items and moving through public hearings and business matters before concluding with administrative items including confirmation of the next meeting date and formal adjournment.

Attendance

All board members were present for the November 4, 2024 meeting.

Present: • Raquel Carter • Harry Clarke • Branden Gross • Bob Sturdivant • Linda Tucker • Chad Walker • Brittany Smith • Joseph Edmiston • Traci Wade • Dalton Belcher • James Mills • Donna Lewis

Absent: None

Late: None

The meeting achieved full attendance with all 12 board members participating.

Votes and Decisions

The Board of Appeals took action on 21 applications during the November 4, 2024 meeting, with all votes being unanimous among the six members present: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, Linda Tucker, and Chad Walker.

Postponements

Five applications were postponed to future meetings [timestamps: 10:00-18:00, 70:00]: - PLN-BOA-24-00172: Will Chapman variance request, motioned by Branden Gross, seconded by Chad Walker - PLN-BOA-24-00170: Ryan Camenisch variance request, motioned by Branden Gross, seconded by Chad Walker - PLN-BOA-24-00119: The Church in Lexington Inc conditional use permit, motioned by Branden Gross, seconded by Linda Tucker - PLN-BOA-24-00163: Rita Jones conditional use permit, motioned by Branden Gross, seconded by Linda Tucker - PLN-BOA-24-00164: Emerald Shinobi LLC conditional use permit, motioned by Branden Gross, seconded by Bob Sturdivant

Approvals

Fifteen applications were approved unanimously [timestamps: 20:00-95:00]:

Three variance requests were approved with standard construction conditions: - PLN-BOA-24-00123: Mulberry Builders [20:00] - PLN-BOA-24-00140: Kurt Zehnder for garage addition and swimming pool [25:00] - PLN-BOA-24-00173: Lucy Lexhouse LLC [30:00]

Two conditional use permits for institutional uses were approved: - PLN-BOA-24-00134: Centenary Church Inc amendment with ADA parking requirements [35:00] - PLN-BOA-24-00161: Denali Towing LLC vehicle storage yard [40:00]

Ten short-term rental conditional use permits were approved with occupancy limits ranging from 6 to 16 individuals, including applications for Jackie Arnold, Ana Rivas, Priyanka Shrestha, Storm Cherry, James Hinkebein, Corey Elder (with 72-day annual limit), Brennan and Suzanne Feran, Green Diamond LLC, Jack Thomas, and Crystal and Eddie Towe (with 75-day annual limit) [timestamps: 45:00-95:00].

Denial

One application was denied: - PLN-BOA-24-00154: Parsons Plummer Properties LLC conditional use permit was unanimously disapproved with all six members voting against approval [100:00].

Public Comment

Three residents spoke during the public comment period, all expressing opposition to a short-term rental proposal.

Shannon Sell 105:00 addressed the Board with concerns about the impact of short-term rentals on neighborhood safety and community character. Sell highlighted how these rental properties could affect the residential nature of the area.

Carlin Franz 110:00 presented a petition against the short-term rental application. Franz specifically cited noise and parking issues as primary concerns, indicating that community members had organized to formally oppose the proposal through the petition process.

Brandi Keeney 115:00 concluded the public comment session by raising additional concerns about safety and traffic impacts that short-term rentals could bring to the neighborhood. Keeney emphasized how increased transient occupancy could affect local traffic patterns and overall safety conditions.

All three speakers focused their comments on the same short-term rental matter, presenting a unified neighborhood opposition that covered multiple aspects including community character, noise pollution, parking availability, safety considerations, and traffic impacts. The presentation of a formal petition by Franz suggests organized community involvement in opposing the proposal.

Contested Items

Two conditional use permit applications generated significant community opposition during the November 4, 2024 Board meeting.

Parsons Plummer Properties LLC Conditional Use Permit

The Board considered a conditional use permit application from Parsons Plummer Properties LLC that faced substantial community resistance. Residents expressed concerns about compliance issues and potential negative impacts on the surrounding neighborhood. The community opposition centered on questions about whether the proposed use would be compatible with the existing neighborhood character and whether the applicant could adequately address compliance requirements.

Crystal and Eddie Towe Conditional Use Permit

A conditional use permit application from Crystal and Eddie Towe also encountered strong opposition from neighboring residents. The community raised safety concerns and worried about how the proposed use would affect the character of their neighborhood. Despite the vocal opposition from neighbors, the Board ultimately approved this permit application. However, the approval came with specific conditions attached, presumably designed to address some of the safety and neighborhood impact concerns raised by the community.

Both applications highlighted tensions between property owners seeking to utilize their land for specific purposes and existing residents concerned about maintaining neighborhood stability and safety. The differing outcomes - with one application facing opposition and another being approved despite opposition - demonstrate the Board's case-by-case evaluation process for conditional use permits, weighing community concerns against applicant rights and regulatory requirements.

Call to Order

Chair Raquel Carter called the Board meeting to order at 1:30 p.m. 0:00

This was a standard procedural opening to begin the November 4, 2024 Board meeting. No discussion or debate occurred during this agenda item, as it serves as the formal commencement of the meeting proceedings.

Approval of Minutes

2:00

The Board was unable to proceed with the approval of minutes from the previous meeting during this agenda item. Raquel Carter addressed the Board regarding the status of the August 2024 Board of Adjustment meeting minutes.

The minutes from the August 2024 meeting were not available for the Board's consideration at this time. No specific reason was provided in the discussion for why the minutes were unavailable, and no timeline was given for when they might be ready for review and approval.

Since no minutes were presented, there was no discussion of corrections, amendments, or approval. The agenda item served as an informational update to notify Board members of the unavailability of the documents rather than proceeding with the typical minutes approval process.

The Board took no action on this item, as there were no materials to review or approve.

Public Hearing on Zoning Appeals

5:00

The Board conducted a public hearing on various zoning appeals during agenda item III. Raquel Carter served as the key speaker for this portion of the meeting.

The hearing addressed multiple requests from property owners seeking relief from existing zoning requirements, including both variance applications and conditional use permit requests. These appeals typically involve situations where property owners are seeking permission to use their land in ways that differ from current zoning regulations or need exceptions to specific development standards.

During the hearing, the Board reviewed each appeal case, allowing for public input and discussion of the merits of each request. The zoning appeals process provides an opportunity for property owners to present their cases for why their proposed use or development should be permitted despite not fully conforming to existing zoning requirements.

The hearing was conducted as an informational session, with the Board gathering information and public testimony on the various appeals. No final decisions were made during this portion of the meeting, as the hearing served primarily as a forum for presenting the cases and collecting input from both applicants and members of the public who wished to comment on the proposed zoning relief requests.

This type of public hearing is a standard part of the zoning appeals process, ensuring transparency and providing opportunity for community input before the Board makes determinations on whether to grant or deny the requested variances and conditional use permits.

Board Items

120:00

The Board considered the adoption of the Board of Adjustment 2025 Meeting and Filing Schedule during this agenda item. Raquel Carter served as the key speaker presenting this item to the Board.

The discussion centered on establishing the formal schedule for Board of Adjustment meetings and filing deadlines for the upcoming 2025 calendar year. This administrative item ensures proper planning and notification for both Board members and applicants who will need to present cases before the Board of Adjustment throughout the year.

The proposed schedule would set regular meeting dates and establish corresponding filing deadlines that applicants must meet to have their cases heard at specific meetings. This advance scheduling allows for proper case preparation, adequate public notice, and efficient Board operations.

Following the presentation and discussion, the Board approved the 2025 Meeting and Filing Schedule as presented. This approval establishes the official calendar that will govern Board of Adjustment proceedings for the coming year, providing certainty for both administrative staff and parties seeking to bring matters before the Board.

Staff Items

125:00

During the Staff Items portion of the November 4, 2024 board meeting, staff members presented various matters for the board's consideration. Raquel Carter served as the primary presenter for this agenda item.

The staff items were presented as an informational discussion item, allowing staff to bring forward topics and updates that required board awareness or input. This segment of the meeting provided an opportunity for staff to communicate directly with board members on operational matters and other issues relevant to district business.

The presentation was structured as a discussion format, enabling board members to ask questions and engage with staff on the items presented. This agenda item served its intended purpose as an informational session, with no formal action required from the board.

The staff items discussion concluded without any specific resolutions or directives, fulfilling its role as a communication tool between district staff and the governing board.

Next Meeting Date

130:00

Board Chair Raquel Carter announced the date for the next board meeting during the November 4, 2024 session. The upcoming meeting is scheduled for December 9, 2024, at 1:30 p.m.

This announcement was made as an informational item with no discussion or debate from other board members. The December meeting will maintain the same afternoon start time as the current meeting schedule.

Adjournment

The Board meeting was formally adjourned after all agenda items were addressed 135:00. Board Chair Raquel Carter presided over the conclusion of the meeting.

The adjournment followed the completion of all scheduled business items on the agenda. No additional matters were raised for discussion before the meeting's conclusion.

The meeting concluded in an orderly manner with all required agenda items having been addressed during the session.