Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on December 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 six agenda items during the session, including variance requests, postponement requests, conditional use permit applications, and an administrative appeal. The board took eight votes throughout the meeting and heard three public comments from attendees. Four of the six agenda items were approved, including variance and conditional use permit requests by Ryan Camenisch, Share Center, Boone Creek Outdoor, and an administrative appeal by Mark Dawahare, while two postponement requests by Emerald Shinobi LLC and Black Diamond Farm LLC were tabled for future consideration.

Attendance

All eight members were present for the December 9, 2024 meeting.

Present: • Raquel Carter • Harry Clarke • Branden Gross • James Persley • Carolyn Plumlee • Bob Sturdivant • Linda Tucker • Chad Walker

Absent: None

Late: None

Votes and Decisions

The Board of Adjustment took action on eight items during the December 9, 2024 meeting, with all votes passing unanimously with seven members present.

Meeting Minutes Approval 0:30 Branden Gross motioned to approve the August 2024 Board of Adjustment meeting minutes, seconded by Bob Sturdivant. The motion passed unanimously 7-0.

PLN-BOA-24-00170 3:00 Harry Clarke motioned to approve Ryan Camenisch's variance request to reduce side yard setback at 444 Jefferson Street, seconded by Bob Sturdivant. The motion passed unanimously 7-0 with conditions requiring construction to follow submitted materials and obtaining necessary permits from Building Inspection.

Three Postponement Requests [timestamps: 10:00, 12:00, 15:00] The board unanimously approved three postponement requests: - PLN-BOA-24-00164: Emerald Shinobi LLC's conditional use permit at 2745 Woodlawn Way (motioned by Branden Gross, seconded by Chad Walker) - PLN-BOA-24-00188: Black Diamond Farm LLC's conditional use permit at 3591 Paris Pike (motioned by Branden Gross, seconded by Harry Clarke) - PLN-BOA-24-00198: Dustin and Robert Caldwell's conditional use permit at 261 Mockingbird Ln (motioned by Branden Gross, seconded by Linda Tucker)

PLN-BOA-24-00195 20:00 Bob Sturdivant motioned to approve Share Center's conditional use permit to expand their community center at 572 Georgetown St., seconded by Linda Tucker. The motion passed unanimously 7-0 with conditions including limiting on-site parking to two spaces and obtaining necessary permits.

PLN-BOA-24-00197 25:00 Harry Clarke motioned to approve Boone Creek Outdoor's conditional use permit for ecotourism activities at 2262 Frankfort Ct., seconded by Chad Walker. The motion passed unanimously 7-0 with extensive conditions including Planning Commission approval of an amended development plan and various permitting requirements.

PLN-BOA-24-00174 30:00 Branden Gross motioned to approve Mark Dawahare's administrative appeal regarding denial of re-establishment of an automobile sales lot at 1171 East New Circle Road, seconded by Bob Sturdivant. The motion passed unanimously 7-0.

All voting members present participated in each vote: Raquel Carter, Harry Clarke, Branden Gross, James Persley, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker.

Public Comment

Three residents spoke during the public comment period, all expressing opposition to a proposed short-term rental at 1009 Fontaine Road.

Jeffrey Tuttle 2:00:00 raised concerns about parking and traffic congestion related to the short-term rental proposal. He stated that the property at 1009 Fontaine Road does not have sufficient parking capacity for four vehicles and noted that street parking options in the area are limited.

Janey Forrester 2:05:00 also opposed the short-term rental, focusing on parking and traffic issues affecting the neighborhood. Forrester presented photographic evidence showing vehicles parked in the yard of the property and expressed concerns about the negative impact such arrangements would have on the surrounding residential area.

Roslyn 2:10:00 shared personal experiences regarding existing traffic and parking problems in the neighborhood. She expressed concerns that adding another short-term rental operation would exacerbate these issues and further impact residents' quality of life.

All three speakers focused specifically on the parking inadequacy and traffic concerns associated with the proposed short-term rental at 1009 Fontaine Road, with no other topics addressed during the public comment period.

Contested Items

Two short-term rental applications faced significant community opposition during the December 9, 2024 meeting.

1009 Fontaine Road Short-Term Rental

The proposed short-term rental at 1009 Fontaine Road drew multiple objections from neighboring residents. Community members raised concerns about inadequate parking availability and potential traffic congestion that could result from transient guests. Neighbors also expressed worries about how the short-term rental would affect the established character of their residential neighborhood. The opposition reflected broader concerns about the compatibility of commercial short-term rental operations within traditional residential areas.

4236 Desdemona Way Short-Term Rental

The short-term rental application for 4236 Desdemona Way similarly faced resistance from area residents. Community members voiced safety concerns related to having unknown transient occupants in their neighborhood. Parking issues were again cited as a primary concern, with residents worried about the impact on already limited street parking. Additionally, neighbors emphasized their desire to preserve the family-friendly environment of the area, expressing concerns that short-term rentals could disrupt the stable residential character they value.

Both contested items highlight ongoing tensions between property owners seeking to operate short-term rentals and established residential communities concerned about preserving neighborhood stability, safety, and character. The opposition in both cases centered on similar themes: parking constraints, traffic impacts, safety considerations, and the preservation of residential neighborhood character.

*Note: Specific transcript timestamps and final outcomes were not available in the provided meeting data.*

Variance request by Ryan Camenisch

3:00

The Board of Adjustment reviewed case PLN-BOA-24-00170, a variance request submitted by Ryan Camenisch for property located at 444 Jefferson Street. The request sought to reduce the required side yard setback from six feet and six inches to one foot in a Medium Density Residential (R-4) zone.

Ryan Camenisch presented the variance request to the board, explaining the need for the reduced setback at the Jefferson Street property. The specific circumstances requiring the variance and the proposed use of the reduced setback area were discussed during the presentation.

The board evaluated the request against the standard criteria for variance approval, which typically include demonstrating practical difficulties, ensuring the variance would not alter the essential character of the neighborhood, and confirming that the request represents the minimum variance necessary to address the hardship.

Following discussion and consideration of the application materials, the Board of Adjustment approved the variance request. The approval came with conditions, though the specific terms of those conditions were not detailed in the available information.

The approved variance allows construction or modification at 444 Jefferson Street to proceed with a one-foot side yard setback instead of the standard six feet and six inches required in the R-4 zoning district. This represents a significant reduction in the setback requirement that will enable the proposed development to move forward on the property.

Postponement request by Emerald Shinobi LLC

10:00

The Board of Appeals considered a postponement request for case PLN-BOA-24-00164, submitted by Emerald Shinobi LLC. The case involves a request for a conditional use permit to operate an un-hosted short-term rental at 2745 Woodlawn Way.

Branden Gross presented the postponement request on behalf of the applicant. The specific reasons for the postponement were not detailed in the available materials, but the request was made to delay consideration of the conditional use permit application.

The board approved the postponement request without significant discussion or debate. The case has been rescheduled for consideration at the Board of Appeals meeting on January 13, 2025.

This postponement allows Emerald Shinobi LLC additional time before their conditional use permit application for the short-term rental property is formally reviewed by the board. The un-hosted short-term rental would be located at 2745 Woodlawn Way, and the applicant will need to present their case for the conditional use permit at the rescheduled January meeting.

Postponement request by Black Diamond Farm LLC

12:00

The board considered agenda item PLN-BOA-24-00188, a postponement request by Black Diamond Farm LLC regarding their conditional use permit application for a Bed and Breakfast operation at 3591 Paris Pike.

Branden Gross presented the postponement request to the board. The original application sought approval for establishing a Bed and Breakfast facility at the Paris Pike location, but the applicant requested to delay consideration of the matter.

The board approved the postponement request without extended discussion. The item will be rescheduled for consideration at the board's January 13, 2025 meeting, allowing additional time for the applicant to prepare their presentation or address any preliminary concerns.

No substantive debate occurred regarding the merits of the underlying conditional use permit application, as the meeting focused solely on the procedural matter of granting the postponement. The board's approval of the delay indicates the request was considered reasonable and appropriate under the circumstances.

The conditional use permit application for the Bed and Breakfast at 3591 Paris Pike will receive full consideration when it comes before the board at the January 13, 2025 meeting.

Conditional use permit request by Share Center

20:00 The board considered application PLN-BOA-24-00195, a conditional use permit request by Share Center to expand their existing community center at 572 Georgetown Street to include a dental clinic.

Dr. Ihsan Bagby served as a key speaker during the presentation of this request. The proposal involves adding dental services to the current community center operations at the Georgetown Street location.

The board reviewed the expansion plans and discussed the conditional use permit requirements for the proposed dental clinic addition. The request was evaluated under the applicable zoning regulations and conditional use permit criteria.

Following their deliberation, the board approved the conditional use permit request. The approval came with specific conditions that must be met as part of the permit authorization, though the exact details of these conditions were not specified in the available materials.

This approval allows Share Center to move forward with their plans to expand their community services by adding dental care capabilities to their existing facility on Georgetown Street. The dental clinic addition represents an expansion of healthcare services available through the community center.

The conditional use permit approval enables Share Center to proceed with the necessary steps to implement the dental clinic expansion, subject to compliance with the conditions established by the board as part of their approval decision.

Conditional use permit request by Boone Creek Outdoor

25:00

The board considered application PLN-BOA-24-00197, a conditional use permit request by Boone Creek Outdoor to establish ecotourism activities and a campground at 2262 Frankfort Court. The proposed development would be located in a Light Industrial (I-1) zoning district.

Tony Barrett served as a key speaker during the discussion of this agenda item. The request involved establishing camping facilities and ecotourism operations in an industrial zone, which required special approval through the conditional use permit process.

The board ultimately approved the conditional use permit request, though the approval came with specific conditions attached. The exact nature of these conditions was not detailed in the available materials, but they likely addressed compatibility concerns between the proposed recreational use and the surrounding industrial zoning district.

This approval allows Boone Creek Outdoor to move forward with their plans to develop ecotourism activities and campground facilities at the Frankfort Court location, subject to meeting the conditions established by the board.

Administrative appeal by Mark Dawahare

30:00

The board considered case PLN-BOA-24-00174, an administrative appeal filed by Mark Dawahare challenging a decision that denied the re-establishment of an automobile sales lot at 1171 East New Circle Road.

Mark Dawahare served as the key speaker for this agenda item, presenting his case to the board regarding the denial of his request to re-establish the automobile sales lot at the specified location on East New Circle Road.

The appeal centered on a previous administrative decision that had rejected Dawahare's application to resume automobile sales operations at the 1171 East New Circle Road property. The specific grounds for the original denial and the arguments presented during the appeal were discussed during the proceedings.

Following consideration of the appeal and any testimony presented, the board voted to approve Dawahare's administrative appeal. This decision effectively overturned the previous administrative denial and would allow for the re-establishment of the automobile sales lot at 1171 East New Circle Road, subject to any applicable conditions or requirements.

The approval of this appeal represents a reversal of the initial administrative decision and grants Dawahare the ability to proceed with his plans for the automobile sales operation at the East New Circle Road location.