Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment convened on March 10, 2025, at 1:30 PM in Council Chambers at 200 East Main Street, Lexington, Kentucky, with Raquel Carter presiding. The board worked through a full agenda of 9 items, consisting of variance appeals and conditional use permit applications from a range of individual and organizational applicants. Over the course of the meeting, 9 motions were made and voted upon, and 2 public comments were heard. Of the 9 items considered, 4 were approved and 5 were denied, with conditional use permits granted to Newtown Springs LLC, Gospel Collective Church Inc., and the Diocese of Lexington, and a variance appeal approved for Gibson Taylor Thompson, while applications from Odd Jobs Fencing & Handyman Services LLC, Joe and Amanda Wingfield, Phillip Petrie/Renew Holdings LLC, and two Rema Stars locations were denied.

Attendance

The following board members were present at the March 10, 2025 meeting:

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

Absent: James Persley

No members were recorded as late.

Votes and Decisions

The Board conducted nine roll call votes during the March 10, 2025 meeting.

• PLN-BOA-25-00016 – A variance to reduce the required side street side yard setback for Gibson Taylor Thompson passed 5–0 with 1 abstention, subject to two conditions. Motion by Branden Gross, seconded by Chad Walker. Voting in favor: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, and Chad Walker. 14:49

• PLN-BOA-25-00008 – A conditional use permit for Newtown Springs LLC for a drive-through facility passed 5–0 with 1 abstention, subject to two conditions. Motion by Harry Clarke, seconded by Bob Sturdivant. Voting in favor: Raquel Carter, Harry Clarke, Bob Sturdivant, Linda Tucker, and Chad Walker. 16:47

• PLN-BOA-24-00211 – A variance for Odd Jobs – Fencing & Handyman Services LLC to increase fence height failed 3–3. Motion by Branden Gross, seconded by Chad Walker. Voting in favor: Raquel Carter, Branden Gross, and Chad Walker. Voting against: Harry Clarke, Bob Sturdivant, and Linda Tucker. 39:05

• PLN-BOA-25-00014 – A variance for Joe and Amanda Wingfield to reduce front yard setback and increase driveway width failed 0–6. Motion by Branden Gross, seconded by Harry Clarke. All six members voted against: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, Linda Tucker, and Chad Walker. 56:34

• PLN-BOA-25-00001 – An amendment for Gospel Collective Church Inc. to expand parking and construct an addition passed 6–0, subject to four conditions plus an additional condition requiring a six-foot solid fence. Motion by Branden Gross, seconded by Bob Sturdivant. All six members voted in favor. 1:24:20

• PLN-BOA-25-00004 – A conditional use permit for the Diocese of Lexington for a child care center passed 6–0, with enrollment limited to no more than 52 children. Motion by Harry Clarke, seconded by Branden Gross. All six members voted in favor. 2:00:30

• PLN-BOA-23-86 – A conditional use permit for Phillip Petrie, Renew Holdings LLC for a short-term rental failed, with all six members recorded as voting in favor on a 6–0 tally. Motion by Linda Tucker, seconded by Bob Sturdivant. 2:52:01

• PLN-BOA-25-18 – A conditional use permit for Rema Stars for a short-term rental at 2351 Harrods Point Trace failed, with all six members recorded as voting in favor on a 6–0 tally. Motion by Linda Tucker, seconded by Bob Sturdivant. 3:14:19

• PLN-BOA-25-20 – A conditional use permit for Rema Stars for a short-term rental at 2009 Polk Lane failed, with all six members recorded as voting in favor on a 6–0 tally. Motion by Linda Tucker, seconded by Bob Sturdivant. 3:31:58

Public Comment

Two members of the public addressed the Board during the public comment period, both speaking on the topic of short-term rentals.

• James Lee 3:22:46 raised safety concerns related to short-term rentals in his area, specifically citing the presence of unknown individuals staying in nearby rental properties. Lee expressed particular concern about the proximity of these rentals to a school.

• Therese Dials 3:23:55 offered a contrasting perspective, speaking in support of short-term rentals on Polk Lane. Dials noted that previous rentals in the area had not caused any issues and highlighted what she described as a positive impact on property maintenance in the neighborhood.

The two comments reflected differing community viewpoints on short-term rentals, with concerns about public safety on one side and support based on positive local experience on the other.

Contested Items

Two items on the March 10, 2025 Board meeting agenda generated notable disagreement or opposition.

Variance for Odd Jobs - Fencing & Handyman Services LLC

A motion to approve a variance for the installation of a six-foot fence brought forward by Odd Jobs - Fencing & Handyman Services LLC ended in a tie vote. Because the motion failed to secure a majority, the variance was not approved. The split outcome reflects divided opinion among Board members on the merits of the request, though no single prevailing rationale for opposition is specified in the record.

Conditional Use Permit for Rema Stars at 2351 Harrods Point Trace

A request for a conditional use permit associated with Rema Stars at 2351 Harrods Point Trace drew community opposition during the meeting. Residents or attendees raised safety concerns centered on two issues: the property's proximity to a school and the presence of unknown individuals in the surrounding area. These concerns formed the basis of public pushback against the permit request. The record does not specify the final outcome of this item.

Variance Appeals - Gibson Taylor Thompson

Agenda Item IV.C.1 14:49

The Board considered a variance request to reduce the required side street side yard setback on a corner lot from thirty feet to sixteen feet and six inches.

Key speaker Baron Gibson presented the request on behalf of Gibson Taylor Thompson. The variance sought a reduction of approximately thirteen and a half feet from the standard required setback for a side yard facing a street on a corner lot.

The Board approved the variance request.

Conditional Use Permit - Newtown Springs LLC

Agenda Item IV.C.2 16:47

The Board considered a request from Newtown Springs LLC for a conditional use permit to operate a drive-through facility for the sale of goods within a Neighborhood Business zone.

Rory Kahly was identified as a key speaker on this agenda item. The request centered on obtaining the necessary conditional use authorization to allow a drive-through component as part of the proposed business operation, as drive-through facilities in Neighborhood Business zones typically require additional review and approval beyond standard permitted uses.

The Board discussed the application and ultimately approved the conditional use permit for Newtown Springs LLC.

*Note: The available data does not include detailed information on specific arguments made, conditions attached to the approval, or any dissenting votes. Readers seeking the full discussion are encouraged to review the meeting video beginning at timestamp 16:47.*

Variance Appeals - Odd Jobs Fencing & Handyman Services LLC

39:05

The Board took up agenda item IV.E.1, a variance request submitted by Odd Jobs Fencing & Handyman Services LLC seeking permission to increase the allowable fence height within a front yard from the standard four feet to six feet.

• Speaker: Dwight Brown presented or was identified as the key speaker associated with this item.
• Request: The applicant sought a variance that would permit a six-foot fence in a front yard area, exceeding the four-foot maximum height allowed under the applicable regulations.
• Outcome: The Board denied the variance request.

*Note: The available structured data does not include additional detail on the specific arguments made, concerns raised by Board members, or the stated rationale for denial. Readers seeking the full discussion are encouraged to view the meeting recording beginning at approximately the 39:05 mark.*

Variance Appeals - Joe and Amanda Wingfield

56:34

Under agenda item IV.E.2, the Board considered a variance request submitted by Joe and Amanda Wingfield. The applicants sought two variances: a reduction of the required front yard setback from thirty feet to zero feet, and an increase in the maximum permitted driveway width from twenty-four feet to thirty-nine feet.

Amanda Wingfield served as the key speaker presenting the request to the Board. The application asked for significant departures from the standard zoning requirements — notably, the proposed front yard setback reduction would eliminate the entire required setback, and the requested driveway width would exceed the current maximum by fifteen feet.

Following the presentation and discussion, the Board denied the variance request.

Conditional Use Permit - Gospel Collective Church Inc.

1:24:20

The Board took up agenda item IV.E.3, a request to amend an existing conditional use permit for a place of religious assembly submitted by Gospel Collective Church Inc. The proposed amendment sought to expand the parking area and construct an addition to the existing facility.

Joey Fink was the key speaker on this item, presenting the request to the Board.

The Board approved the conditional use permit amendment.

*Note: Detailed discussion points, specific concerns raised, and the full scope of debate are not available in the provided source materials beyond what is summarized above.*

Conditional Use Permit - Diocese of Lexington

Agenda Item IV.E.4 2:00:30

The Board considered a request for a conditional use permit to allow a child care center operating as an accessory use to a place of religious assembly, submitted by the Diocese of Lexington.

Reverend Helen Vancouver appeared as the key speaker on this item, presenting the request to the Board.

The Board approved the conditional use permit.

*Note: The available record for this agenda item is limited. Additional details regarding the specifics of the presentation, any conditions attached to the approval, concerns raised by Board members, or voting breakdown are not reflected in the provided data.*

Conditional Use Permit - Phillip Petrie, Renew Holdings LLC

2:52:01

The Board considered agenda item IV.E.5, a request submitted by Phillip Petrie of Renew Holdings LLC for a conditional use permit to operate an unhosted short-term rental within the defined infill and redevelopment area.

Matthew Henderson was the key speaker presenting on this item. The request centered on obtaining approval for an unhosted short-term rental, a use that requires a conditional use permit within the applicable zoning designation covering the infill and redevelopment area.

The Board ultimately denied the conditional use permit request.

*No additional details regarding the specific concerns raised, the nature of the debate, or the vote count were available in the source materials for this item.*

Conditional Use Permit - Rema Stars at 2351 Harrods Point Trace

Agenda Item IV.E.6 3:14:19

The Board took up a request for a conditional use permit for an unhosted short-term rental located at 2351 Harrods Point Trace, submitted under the name Rema Stars.

• The applicant, Anto Yawanta, was identified as the key speaker associated with this agenda item.
• The request sought approval to operate the property as an unhosted short-term rental, meaning the owner or host would not be present on-site during guest stays.

Following discussion, the Board denied the conditional use permit request.

*Note: The available record for this item is limited to the agenda summary and outcome. Specific arguments presented, concerns raised by Board members, and the detailed reasoning behind the denial are not reflected in the extracted data for this item.*

Conditional Use Permit - Rema Stars at 2009 Polk Lane

Agenda Item IV.E.7 | 3:31:58

The Board considered a request for a conditional use permit for an unhosted short-term rental at 2009 Polk Lane, submitted under the name Rema Stars.

• Applicant/Speaker: Anto Yawanta presented on behalf of the application.
• Request: The permit sought approval for an unhosted short-term rental operation at the specified address.
• Outcome: The Board denied the conditional use permit request.

The structured record does not include additional detail on the specific arguments presented, concerns raised by Board members, or the stated rationale for denial beyond the Board's ultimate decision to reject the application.