Board of Adjustment Meeting

Summary

Meeting Overview

The Division of Planning, Planning Services Section Board of Adjustment convened on June 9, 2025, at 1:30 PM in Council Chambers at 200 East Main Street, Lexington, Kentucky. The board worked through a full agenda of 12 items consisting of conditional use permit requests and variance applications from a range of residential and commercial applicants. Over the course of the meeting, the board took 12 votes and heard 9 public comments. Of the 12 agenda items, 6 were approved, 2 were denied, 2 were postponed, 1 was withdrawn, and 1 was deferred. Notable outcomes included the approval of conditional use permits for Cherish the Child Daycare, Wesley United Methodist Church, Dr. Thomas Larkin, and Loralee Trim, as well as the denial of conditional use permits for Two Fisted Willies and Jonathan Rollins. Variance requests from Riesig Built Construction and Manuel Hijar were approved, while the KY-263 2Friends LLC variance request was postponed and the HR Davis Real Estate LP combined variance and conditional use permit request was deferred.

Votes and Decisions

The board took action on twelve items during the meeting, using voice votes throughout.

• PLN-BOA-25-00030 — A motion by MISS Tucker, seconded by Sturdivant, to postpone the CANE MANOR LLC conditional use permit request passed by voice vote. 0:09

• PLN-BOA-25-00055 — The WADE & REBECCA KUNDINGER conditional use permit request was withdrawn. 0:09

• PLN-BOA-25-00011 — A motion by MISS Tucker, seconded by Sturdivant, to postpone the KY-263 2FRIENDS LLC variance request passed by voice vote. 0:11

• PLN-BOA-24-00204 — A motion by MR. Walker, seconded by MISS Tucker, to approve the RIESIG BUILT CONSTRUCTION variance request passed by voice vote. Approval is conditioned on construction being in accordance with the submitted application materials and site plan. 0:22

• PLN-BOA-25-00040 — A motion by MR. Gross, seconded by MR. Walker, to approve the MANUEL HIJAR variance request passed by voice vote with conditions: the applicant must remove portions of the deck encroaching onto adjoining properties, remove landscaping in the side yard to allow emergency services access, and secure encroachment permits from all utilities. 1:11

• PLN-BOA-25-00037 — A motion by MR. Gross to approve the CHERISH THE CHILD DAYCARE conditional use permit passed by voice vote. Approval is conditioned on the applicant installing a solid six-foot fence on the north side of the property line. 1:31

• PLN-BOA-25-00051 — A motion, seconded by MISS Tucker, to disapprove the TWO FISTED WILLIES conditional use permit failed by voice vote. 2:16

• PLN-BOA-25-00060 — A motion by MR. Gross, seconded by MR. Persley, to approve the WESLEY UNITED METHODIST CHURCH conditional use permit passed by voice vote, conditioned on the property being developed and operated in accordance with the revised site plan. 3:00

• PLN-BOA-25-00053 — A motion by MR. Gross, seconded by MR. Persley, to approve the DR. THOMAS LARKIN conditional use permit passed by voice vote. 3:05

• PLN-BOA-25-00054 — A motion by MR. Gross, seconded by MR. Persley, to approve the LORALEE TRIM conditional use permit passed by voice vote. 3:14

• PLN-BOA-25-00056 — A motion by MR. Gross, seconded by MR. Persley, to disapprove the JONATHAN ROLLINS conditional use permit failed by voice vote. 5:11

• PLN-BOA-25-00059 — A motion by MR. Gross, seconded by MISS Tucker, to continue the HR DAVIS REAL ESTATE LP variance and conditional use permit request was tabled by voice vote. 5:30

Public Comment

Nine members of the public offered comments during the meeting, addressing three separate agenda items.

Cherish the Child Daycare Expansion

Two residents spoke in opposition to the daycare expansion. Jean Barnett raised concerns about noise and parking issues associated with the proposed expansion 1:15:49. Michelle Burke echoed those concerns, focusing on increased traffic and noise she anticipated the expansion would generate 1:19:17.

Two Fisted Willies Outdoor Entertainment

Six speakers addressed the proposed outdoor live entertainment at Two Fisted Willies, with all expressing opposition. Lauren spoke against the proposal, citing noise concerns and the impact on neighborhood quality of life 1:57:42. Hanna Legris supported staff's recommendation to disapprove the request, pointing to potential negative impacts on nearby residents 2:00:24. Mary Ann Quarles argued that outdoor entertainment would negatively affect the neighborhood's character 2:03:08. Jim Tommerson opposed the proposal due to potential noise disturbances 2:05:02. Deborah Hensley also opposed the entertainment use, citing noise and quality-of-life concerns 2:07:36. Mark Dixon expressed skepticism that noise levels from the outdoor entertainment could be adequately managed 2:09:10.

HR Davis Real Estate LP Short-Term Rental

Tiffany spoke regarding the HR Davis Real Estate LP short-term rental application, raising concerns about the effect a short-term rental would have on her family's safety and property 5:26:40.

Contested Items

Two items on the agenda generated notable disagreement during the June 9, 2025 meeting.

Two Fisted Willies Outdoor Entertainment

This item drew opposition from multiple community members as well as at least one council member, centered on concerns about potential noise disturbances associated with the proposed outdoor entertainment. Residents raised objections to the impact the entertainment could have on the surrounding area, and the council member's opposition signaled that concerns extended beyond the public comment period. The specific outcome of this item is not detailed in the available data, but the opposition from both the community and a council member indicates the proposal faced significant resistance.

HR Davis Real Estate LP Short-Term Rental

This item involved a procedural dispute between the applicant and the board. The applicant requested that the board render an immediate decision on the short-term rental application. However, the board declined to do so, instead voting to continue the discussion to a later date in order to allow staff adequate time to review the submitted materials. The decision to table the matter over the applicant's objection reflects a disagreement about the readiness of the application for a final ruling.

CANE MANOR LLC Conditional Use Permit Request

9:09

The board took up agenda item PLN-BOA-25-00030, a conditional use permit request submitted by Cane Manor LLC for an un-hosted short-term rental.

No substantive discussion or presentation took place on this item. The applicant requested a postponement of the matter, and the board accommodated that request. No details were provided in the record regarding the reason for the postponement, and no key speakers were identified as presenting arguments for or against the application at this time.

The item was postponed without a decision on the merits of the conditional use permit request.

WADE & REBECCA KUNDINGER Conditional Use Permit Request

9:42

This agenda item concerned case PLN-BOA-25-00055, a conditional use permit request submitted by Wade & Rebecca Kundinger for an un-hosted short-term rental.

The item did not proceed to full discussion or debate, as the applicants withdrew their request prior to consideration by the board. No presentation was made, no concerns were raised on the record, and no vote was taken.

• Case Number: PLN-BOA-25-00055
• Request Type: Conditional use permit for an un-hosted short-term rental
• Outcome: Withdrawn by the applicant

No key speakers were recorded in connection with this item, and no additional details regarding the reasons for the withdrawal are reflected in the available record.

RIESIG BUILT CONSTRUCTION Variance Request

Case No. PLN-BOA-24-00204 22:02

The board considered a variance request submitted by Riesig Built Construction to reduce the required side yard setback for a construction project. Following discussion, the board approved the variance.

No specific speakers, debate points, or concerns are recorded in the available data for this agenda item. Details regarding the property location, the extent of the setback reduction requested, or any conditions attached to the approval are not available in the provided materials.

Outcome: Approved

KY-263 2FRIENDS LLC Variance Request

Case No. PLN-BOA-25-00011 11:24

This agenda item concerned a variance request submitted by 2Friends LLC related to billboard height and setback requirements along KY-263. At the meeting, the applicant requested a postponement of the variance request rather than proceeding with a full hearing at this time.

No substantive presentation, debate, or discussion of the merits of the variance was conducted, and no concerns regarding the billboard height or setback specifics were raised on the record during this session. No key speakers were identified in connection with this item beyond the postponement request itself.

Outcome: The variance request was postponed. The matter is expected to return before the board at a future meeting date.

MANUEL HIJAR variance request

1:11:16

The board took up agenda item PLN-BOA-25-00040, a variance request submitted by Manuel Hijar. The request involved a proposed modification to a deck that was found to encroach on neighboring properties.

The board discussed the variance and any associated conditions before reaching a decision. Specific details regarding the presentations made, concerns raised by individual board members, or testimony from neighboring property owners are not available in the meeting record.

The board ultimately approved the variance request, subject to conditions. The approval with conditions indicates that while the board found sufficient grounds to grant relief from standard requirements, specific stipulations were attached to address concerns related to the encroachment on neighboring properties.

CHERISH THE CHILD DAYCARE Conditional Use Permit

Case No. PLN-BOA-25-00037 1:31:29

The board took up a conditional use permit application for an expansion of Cherish the Child Daycare. Following discussion, the board approved the permit with conditions designed to address concerns raised by the surrounding neighborhood.

The approval included conditions intended to mitigate the impact of the expanded daycare operation on nearby residents, though the specific conditions and the nature of the neighborhood concerns are not detailed in the available record. No key speakers are identified in the meeting data for this agenda item.

The outcome was approval of the conditional use permit with conditions.

TWO FISTED WILLIES Conditional Use Permit

Case No. PLN-BOA-25-00051 2:16:58

The board took up a conditional use permit application for Two Fisted Willies, which sought approval for outdoor live entertainment. After discussion, the board disapproved the permit, citing potential noise issues as the basis for denial.

The structured record does not identify specific speakers or detail the full scope of arguments presented during the deliberation. However, the outcome indicates that noise concerns were the central factor driving the board's decision to deny the application. The board determined that the proposed outdoor live entertainment use could not be approved as conditioned, given those concerns.

• Applicant/Case: Two Fisted Willies, conditional use permit for outdoor live entertainment
• Case Number: PLN-BOA-25-00051
• Primary Concern: Potential noise impacts
• Outcome: Disapproved/Denied

WESLEY UNITED METHODIST CHURCH Conditional Use Permit

Case No. PLN-BOA-25-00060 3:00:13

The board took up a conditional use permit application from Wesley United Methodist Church. The application sought approval for modifications to the church property.

The board approved the conditional use permit, subject to conditions.

*Note: Detailed information about the specific modifications proposed, the presentations made, concerns raised during discussion, and the identities of key speakers is not available in the source data for this agenda item.*

DR. THOMAS LARKIN Conditional Use Permit

3:05:09

The board considered agenda item PLN-BOA-25-00053, a request for a conditional use permit for a hosted short-term rental submitted by Dr. Thomas Larkin.

The board approved the conditional use permit. No additional details regarding specific presentations, debates, concerns raised, or individual speaker contributions are available in the meeting record for this item.

LORALEE TRIM Conditional Use Permit

3:14:44

The board considered agenda item PLN-BOA-25-00054, a conditional use permit application submitted by Loralee Trim for an un-hosted short-term rental.

The structured record for this item does not include details on specific speakers, presentations, debate, or concerns raised during the discussion. No key speakers are identified in the available data.

The board ultimately approved the conditional use permit for the un-hosted short-term rental.

JONATHAN ROLLINS Conditional Use Permit

5:11:10

The board took up case PLN-BOA-25-00056, a conditional use permit application submitted by Jonathan Rollins for an un-hosted short-term rental.

After discussion, the board disapproved the conditional use permit application. The primary basis for denial was the property's proximity to other existing short-term rental units in the area, which factored into the board's determination that the application did not meet the necessary criteria for approval.

No additional key speakers or detailed debate points were captured in the available record for this item.

HR DAVIS REAL ESTATE LP Variance and Conditional Use Permit

Case No. PLN-BOA-25-00059 5:30:53

The board continued its discussion on a variance and conditional use permit application submitted by HR Davis Real Estate LP related to a short-term rental. This item was carried over as a continuation of prior proceedings rather than being taken up as a new matter.

No key speakers are recorded in the available data for this portion of the meeting, and specific details regarding the substance of the presentation, arguments made, or concerns raised during the discussion are not captured in the provided record.

The item was ultimately deferred, meaning the board did not reach a final decision on the variance or conditional use permit at this meeting. No additional outcome details are available.