Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on April 24, 2009, at 1:03 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Chairman Peter Brown presiding. The board considered nine agenda items, taking 10 motions and votes throughout the meeting while hearing 4 public comments. The meeting resulted in a mixed set of outcomes: four items were approved, three were postponed, and one was denied. Approved requests included conditional use permits for Broadway Christian Church's parking lot expansion, Star of Bethlehem's church addition, Karen C. Miller's family child care operation, Carriage Station Farm's horse riding arena, and Jason Scheer's amendment to increase seating limits. The board postponed decisions on Ball & Wright Capital Holding Co.'s drive-through bank facility, Fender Funeral Directors' conditional use permit revocation hearing, and Joy & Associates' drive-through pharmacy conditional use permit. The Greek Orthodox Church's request for a conditional use permit and variances for church expansion was denied.

Attendance

The following 29 individuals were present at the meeting on April 24, 2009:

• Peter Brown
• Carolyn Edwards
• Barry Stumbo
• Louis Stout
• Jan Meyer
• James Griggs
• Kathryn Moore
• Jim Hume
• Jim Gallimore
• Barry Brock
• Rochelle Boland
• Jim Marx
• Barbara Rackers
• Wanda Howard
• Richard Murphy
• Darryl Nunnelley
• Richard Wheeler
• James Fender
• Sara Tuttle
• Rena Wiseman
• Phil Holoubeck
• Les Kimbrough
• Karen C. Miller
• Jessica Bollinger
• Andrew Moore
• Alex Christopherides
• Dennis Karunas
• Amy Clark
• Ed Brown

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Minutes 6:34 The minutes from April 25, 2008 were approved by unanimous vote. Motion by Barry Stumbo, seconded by Barry Stumbo.

C-2009-25: Ball & Wright Capital Holding Co., LLC Appeal 7:39 The appeal for a conditional use permit to construct a drive-through bank facility in a P-1 zone was postponed by unanimous vote. Motion by Jan Meyer, seconded by Carolyn Edwards.

CV-2009-22: Star of Bethlehem Church Addition 16:27 Approval of a conditional use permit and variance to construct a church addition and reduce front yard setback from 30 feet to 10 feet in an R-1C zone passed unanimously. Motion by Barry Stumbo, seconded by Carolyn Edwards. Conditions include compliance with submitted site plans, obtaining all necessary permits, limiting the variance to the described additions only, and filing an administrative action plat before building permit issuance.

CV-2009-9: Broadway Christian Church Parking Lot Expansion 32:01 Approval of a conditional use permit for parking lot expansion in an R-4 zone passed unanimously. Motion by Barry Stumbo, seconded by Carolyn Edwards. Conditions include construction of four additional parking spaces, full landscape buffer compliance, Division of Building Inspection permits, and Division of Traffic Engineering review.

C-2005-53: Fender Funeral Directors Revocation Hearing 29:34 A two-month continuance of the revocation hearing for failure to comply with conditional use permit conditions passed unanimously with one abstention. Motion by Louis Stout, seconded by Kathryn Moore.

C-2009-20: Karen C. Miller Family Child Care 1:51:14 Approval of a conditional use permit to operate family child care for up to 12 children in an R1D zone passed by roll call vote 5-2. Voting in favor: Peter Brown, Carolyn Edwards, Barry Stumbo, Louis Stout, and Jan Meyer. Voting against: James Griggs and Kathryn Moore. Conditions limit care to a maximum of six children in the home.

C-2009-21: Carriage Station Farm Riding Arena 1:55:43 Approval of a conditional use permit to construct an under-roof horse riding arena in an AR zone passed unanimously. Motion by Carolyn Edwards, seconded by Kathryn Moore.

C-2009-24: Tin Roof Restaurant Seating Amendment 2:02:44 Approval of a conditional use permit to amend seating limit at Tin Roof Restaurant in a B-1 zone passed unanimously. Motion by Kathryn Moore, seconded by Barry Stumbo. Seating capacity is limited to 90 without amending the development plan.

CV-2009-23: Greek Orthodox Church Expansion 3:35:12 A motion to deny the conditional use permit and variances for church expansion and increased off-site parking distance failed by roll call vote 3-4. Voting in favor of denial: Peter Brown, Barry Stumbo, and Louis Stout. Voting against denial: Carolyn Edwards, Jan Meyer, Kathryn Moore, and James Griggs.

C-2009-14: Joy & Associates Drive-Through Pharmacy 1:40:17 The appeal for a conditional use permit to construct a drive-through pharmacy in a B-2 zone was continued by unanimous vote. Motion by Louis Stout, seconded by Barry Stumbo.

Public Comment

Four speakers provided public comment on two main topics during the meeting.

Greek Orthodox Church Expansion

Amy Clark expressed concerns about the proposed Greek Orthodox Church expansion 2:39:41. She argued that the expansion would create excessive on-street parking, increase traffic hazards, and disrupt neighborhood character. Clark stated that the church's parking plan is not realistic and characterized the project as "cramming" due to its scale and mass.

Dennis Karunas responded in support of the church's parking strategy 2:40:14. He cited survey data showing that 40% of parishioners already park at Cassidy Elementary and noted that these distances are shorter than on-street parking alternatives. Karunas emphasized community support for the project and highlighted voluntary pledges from parishioners to walk and park off-site.

Drive-Through Pharmacy (C-2009-14)

Phil Holoubeck spoke in favor of the proposed drive-through pharmacy 1:11:41. He argued that the drive-through is essential for downtown retail viability, particularly given the lack of grocery stores in the area. Holoubeck stressed that the project aligns with downtown master plan principles and emphasized the importance of supporting local development.

James Griggs raised safety and design concerns about the drive-through pharmacy 1:23:44. He expressed concern about pedestrian safety, specifically regarding the proposed exit onto Main Street and visibility issues. Griggs suggested that the project's design prioritizes automobiles over pedestrians.

Contested Items

Greek Orthodox Church Expansion

The Board faced a deeply divided decision on a conditional use permit and variances for Greek Orthodox Church expansion, voting 3-4 on the denial. Board members described this as one of the toughest decisions in the committee's history. The dispute centered on balancing community support for the church against significant concerns about the project's impacts. While the church had strong backing from the community, board members raised substantial concerns regarding traffic, parking, and the scale of the proposed expansion. The 3-4 split vote reflects the difficulty of reconciling these competing interests.

C-2009-14 Drive-Through Pharmacy

A heated discussion erupted over the proposed drive-through pharmacy project (C-2009-14). The debate involved intense disagreement about multiple aspects of the design and its effects on the surrounding area. The applicant and staff advocated for the project, emphasizing the importance of adding downtown retail to the area. However, board members expressed significant concerns about the project's feasibility and impact. Specific issues raised included visibility problems, circulation challenges, and the project's potential negative effects on pedestrian-friendly streets. The discussion highlighted a fundamental tension between supporting retail development in the downtown area and maintaining pedestrian safety and accessibility standards.

Ball & Wright Capital Holding Co., LLC - Conditional Use Permit for Drive-Through Bank Facility

Identifier: C-2009-25

Overview

The board considered an appeal for a conditional use permit to establish a drive-through bank facility in a Professional Office (P-1) zone. 7:08

Key Participants

Richard Murphy was the primary speaker on this agenda item.

Discussion and Concerns

The proposal faced concerns regarding site access, specifically related to access from Governors Lane. These access issues were significant enough to warrant further review and resolution before the board could proceed with a decision.

Additionally, there were pending amendments to the Final Development Plan that needed to be addressed before the matter could move forward.

Outcome

Both staff and the appellant recommended postponement of the appeal to allow time to address the access concerns and finalize the development plan amendments. The board voted to postpone the item.

Broadway Christian Church - Conditional Use Permit to Expand Parking Lot

Broadway Christian Church requested approval for a conditional use permit to expand its parking lot and eliminate a landscape buffer variance. 30:50

Presentation and Recommendation

Staff presented the proposal with a recommendation for approval, subject to five conditions. The applicant, represented by Darryl Nunnelley, agreed to abide by all conditions presented by staff.

Outcome

The conditional use permit was approved. No opposition to the proposal was raised during the meeting.

Star of Bethlehem - Conditional Use Permit and Variance for Church Addition

Case Number: CV-2009-22

Overview

The Star of Bethlehem church requested a variance to reduce the front yard setback requirement to accommodate small additions for handicapped access. 12:40

Presentation and Recommendation

Staff recommended approval of the conditional use permit and variance, subject to four conditions. The applicant agreed to the conditions proposed by staff.

Legal Consideration

Legal counsel confirmed that the variance would not expand a nonconforming use, addressing a key legal question regarding the church's existing nonconforming status.

Key Speaker

Richard Wheeler participated in the discussion of this agenda item.

Outcome

The conditional use permit and variance for the church addition was approved.

Fender Funeral Directors - Revocation Hearing for Conditional Use Permit

17:40

The Board considered a revocation hearing for a conditional use permit originally granted to Fender Funeral Directors in 2005 (Case C-2005-53). The hearing addressed whether the permit should be revoked due to non-compliance with conditions.

Key Speakers and Presentations

Richard Murphy, James Fender, Sara Tuttle, and Jim Hume participated in the discussion of this matter.

Outcome

Rather than revoking the permit, the Board granted a two-month continuance. This decision was based on evidence that the appellant demonstrated good faith efforts to comply with the permit conditions. The continuance allows additional time for further progress toward full compliance before the Board reconvenes to review the matter.

Joy & Associates, Inc. - Conditional Use Permit for Drive-Through Pharmacy

Joy & Associates, Inc. requested approval for a conditional use permit to operate a drive-through pharmacy in the B-2 zone 32:50.

Presentation and Recommendation

Staff recommended approval of the conditional use permit, and the applicant agreed to accept conditions as part of the proposal.

Key Speakers and Discussion

The following individuals participated in the discussion:

• Rena Wiseman
• Phil Holoubeck
• Les Kimbrough
• Jim Gallimore

Concerns Raised

Despite the staff recommendation and the applicant's willingness to accept conditions, Board members raised several concerns about the proposed drive-through pharmacy:

• Traffic safety issues
• Pedestrian access and safety
• Design considerations

Outcome

The Board postponed the decision on this conditional use permit application, indicating that further review or modifications would be needed before a final determination could be made.

Karen C. Miller - Conditional Use Permit for Family Child Care

Identifier: C-2009-20

Karen C. Miller requested approval for a conditional use permit to operate a family child care facility in a single-family residential zone. The proposal would allow her to care for up to 12 children at the location.

Staff Recommendation

Staff reviewed the application and recommended approval, subject to three conditions on the permit.

Vote and Outcome

The motion to approve the conditional use permit passed with five ayes and two nays. The permit was approved with the three recommended conditions.

1:41:56

Carriage Station Farm - Conditional Use Permit for Horse Riding Arena

Identifier: C-2009-21

Presentation Time: 1:51:48

Overview

The applicant for Carriage Station Farm requested approval for a conditional use permit to construct an under-roof horse riding arena on property located in an agricultural rural zone.

Key Speaker

Jessica Bollinger presented this agenda item.

Staff Recommendation

Staff recommended approval of the conditional use permit with five conditions. One of these conditions was newly added and addressed floodplain permitting requirements for the proposed arena.

Applicant Response

The applicant agreed to all five conditions presented by staff, indicating acceptance of the requirements necessary for permit approval.

Outcome

The conditional use permit for Carriage Station Farm's horse riding arena was approved.

Jason Scheer - Conditional Use Permit to Amend Seating Limit

1:56:47

The applicant, Jason Scheer, requested approval to amend a conditional use permit by removing an existing 72-seat limit and increasing the seating capacity to 100 seats. The increase was necessary to meet liquor license requirements.

Andrew Moore presented the staff recommendation, which supported approval of the amendment subject to three conditions.

The motion to approve the conditional use permit amendment passed unanimously.

Greek Orthodox Church - Conditional Use Permit and Variances for Church Expansion

Case Number: CV-2009-23

The Board considered a request from the Greek Orthodox Church for a conditional use permit and variances to support an expansion of the church sanctuary. The proposal included variances for increased off-site parking distance and elimination of a landscape buffer requirement.

Presentation and Discussion

Key speakers on this matter included Alex Christopherides, Dennis Karunas, Amy Clark, and Ed Brown. The applicant presented plans for the sanctuary expansion, and staff provided their analysis and recommendation regarding the requested variances and conditional use permit.

Outcome

The Board denied the request. Despite staff recommendation and support from the applicant, the Board determined that approval was not appropriate due to several concerns. The primary issues cited were:

• Scale of the proposed expansion
• Parking implications and adequacy
• Potential negative impact on the surrounding neighborhood

Timing

This item was discussed approximately 2 hours and 39 minutes into the meeting 2:39:11.