Board of Adjustment Meeting

Summary

Meeting Overview

The Fayette County Board of Adjustments met on January 30, 2009, at 1:02 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Chairman Peter Brown presiding. The board considered eight agenda items during the meeting, hearing three public comments and taking six votes on various zoning appeals and variance requests. Of the items presented, two were withdrawn (Emergency Disaster Services Administrative Appeal and LBX Company, LLC Sign Appeal), one was postponed (Stephen and Cathy Snowden Vehicle Storage Yard), and five were approved by the board. The approved items included a variance for a fence in an R-3 zone for Troy C. Myers, approval of family child care in an R-1D zone for Janet Bartholomew, a child care expansion for Brian Casale and New Horizons Church, a site plan amendment for Fasig-Tipton Company, Inc., and retention of a clubhouse and pool for Atchison-Heller Construction Company.

Attendance

Present: Peter Brown, James Griggs, Carolyn Edwards, Barry Stumbo, Kathryn Moore, Jan Meyer, Jim Hume, Barry Brock, Jim Gallimore, Rochelle Boland, Bill Sallee, Jim Marx, Wanda Howard, Marina Wiseman, Troy C. Myers, Janet Veronica Bartholomew, Brian Casale, Susan Zehnder, Ben Palmer-Brown, Darren English, and Rory Kahly.

Absent: Stout

Late: None

Votes and Decisions

V-2009-8: Variance for Troy C. Myers – Fence Setback Reduction 17:25

The Board voted on approval of a variance to reduce the required side yard from 3 feet to 0 feet to allow a fence to remain as built at 3932 Palomar Cove Lane in an R-3 zone. Motion by Stumbo, seconded by Edwards. The variance passed 4-2 on a roll call vote.

Voting in favor: Peter Brown, Carolyn Edwards, Kathryn Moore, Barry Stumbo

Voting against: James Griggs, Jan Meyer

The fence may remain where installed in accordance with the submitted application and site plan. The variance is granted only for allowing the fence to remain where installed and shall not be used to adjust required setbacks for future building additions or other structures.

C-2009-1: Conditional Use Permit for Janet Bartholomew – Family Child Care 22:05

The Board voted on approval of a conditional use permit for family child care for up to 12 children at 1425 Dale Drive in an R-1D zone. Motion by Moore, seconded by Stumbo. The permit passed unanimously 6-0 on a roll call vote.

All members voted in favor: Peter Brown, Carolyn Edwards, James Griggs, Jan Meyer, Kathryn Moore, Barry Stumbo

Care shall be provided only Monday through Friday between 6:00 AM and 6:00 PM. An occupancy permit must be obtained before increasing care above six children. The rear yard play area must be fenced per Building Inspection requirements. All child care activities must comply with Kentucky Cabinet for Health and Family Services regulations. Approval becomes null and void if the appellant no longer owns or resides at the property.

C-2009-2: Conditional Use Permit for New Horizons Church – Child Care Facility Expansion 31:56

The Board voted on approval of a conditional use permit for New Horizons Church to expand capacity and hours of operation of a child care facility at 420 Fairman Road in an I-1 zone. Motion by Meyer, seconded by Griggs. The permit passed unanimously 6-0 on a roll call vote.

All members voted in favor: Peter Brown, Carolyn Edwards, James Griggs, Jan Meyer, Kathryn Moore, Barry Stumbo

The facility may accommodate no more than 225 children and must obtain all necessary permits including a Certificate of Occupancy. Drop-off and pick-up arrangements must be actively managed to ensure the rear parking lot is used for that purpose.

C-2009-3: Conditional Use Permit for Fasig-Tipton Company, Inc. – Sales Office Building Amendment 34:43

The Board voted on approval of a conditional use permit for Fasig-Tipton Company, Inc. to amend a previously approved site plan to include a full basement in a new sales office building at 2400 Newtown Pike in an A-R zone. Motion by Edwards, seconded by Stumbo. The permit passed unanimously 6-0 on a roll call vote.

All members voted in favor: Peter Brown, Carolyn Edwards, James Griggs, Jan Meyer, Kathryn Moore, Barry Stumbo

The building must be set back at least 25 feet from the 100-year floodplain associated with Cane Run Creek. Best Management Practices must be used to protect water quality in the Royal Spring Aquifer Protection Area. The proposed construction must be reviewed by the Royal Spring Aquifer Wellhead Protection Committee prior to permit issuance.

C-2009-6: Conditional Use Permit for Atchison-Heller Construction Company – Clubhouse and Pool 37:24

The Board voted on approval of a conditional use permit for Atchison-Heller Construction Company to retain a clubhouse and pool as principal use on a separate lot at 1950 Fort Harrods Drive in an R-4 zone. Motion by Stumbo, seconded by Griggs. The permit passed unanimously 6-0 on a roll call vote.

All members voted in favor: Peter Brown, Carolyn Edwards, James Griggs, Jan Meyer, Kathryn Moore, Barry Stumbo

Prior to recording the Final Record Plat, the appellant must demonstrate to Building Inspection that the clubhouse and pool will function as a private club for the 120-unit residential community. A note regarding Board action shall be placed on the subdivision plan.

C-2009-5: Postponement – Stephen and Cathy Snowden Vehicle Storage Yard Appeal 10:37

The Board voted on postponement of a conditional use appeal for Stephen and Cathy Snowden to establish a vehicle storage yard at 311-321 United Court in an I-1 zone. Motion by Brown. The postponement passed unanimously 6-0 on a roll call vote.

All members voted in favor: Peter Brown, Carolyn Edwards, James Griggs, Jan Meyer, Kathryn Moore, Barry Stumbo

Public Comment

Three speakers addressed the Board during the public comment period.

Marina Wiseman 5:10 informed the Board that an appeal for emergency disaster services at 801 East New Circle Road has been withdrawn. The appeal was resolved after issues with Building Inspection and Engineering were addressed. Ms. Wiseman noted that the property is currently being used as a staging area for utility workers during an ice storm emergency, with temporary housing and equipment storage on site. She indicated that the site plan is nearly complete.

Brian Casale 26:33 addressed a correction to a prior church application for child care expansion. Mr. Casale explained that the previous application contained flawed data, including incorrect hours and capacity information, which he characterized as an "expensive mistake." The church is now correcting the application and has recently begun construction after experiencing a five-month delay due to state review.

Rory Kahly 36:20 spoke regarding the private club status of a retained clubhouse and pool. Mr. Kahly confirmed that the clubhouse and pool will operate as a private club serving the surrounding residential community. He stated that the board's conditions would be met, including submission of documentation to the Royal Spring Aquifer Wellhead Protection Committee.

Appointments

The following individuals were reappointed to the Fayette County Board of Adjustments:

• Peter Brown – reappointed to the Fayette County Board of Adjustments
• Stout – reappointed to the Fayette County Board of Adjustments
• James Griggs – reappointed to the Fayette County Board of Adjustments

Contested Items

Precedent Concern for Fence Variance

Councilmember Griggs raised concerns about whether approving the fence variance would establish a problematic precedent. Griggs questioned whether the approval could compromise public safety, specifically regarding emergency egress. Staff responded to this concern by arguing that the large lot setbacks in this particular case made it unique and therefore unlikely to set a concerning precedent. The vote on this item was split among council members.

Fence and Play Area Configuration

Councilmember Hume initiated a heated discussion regarding the proposed fence and play area configuration. Hume expressed concerns about traffic patterns in the backyard play area and sought clarification about whether the driveway would be used during child care hours. To address these concerns, the council conducted a visual review of the site plan. Following this review, the applicant provided confirmation regarding the driveway usage during child care operations.

Emergency Disaster Services - Administrative Appeal

Case Identifier: A-2008-101

Outcome: Withdrawn

Marina Wiseman presented this administrative appeal regarding Emergency Disaster Services. 5:10

The appellant withdrew the appeal after resolving outstanding site plan and compliance issues with both Building Inspection and Engineering departments. The property in question is currently being utilized as a staging area for utility workers responding to an ice storm emergency.

LBX Company, LLC - Sign Appeal

Identifier: AV-2009-7

Overview

This agenda item involved an appeal by LBX Company, LLC regarding directional signs that exceeded the allowable size and height limits within an I-1 (Industrial) zone.

Key Speaker

Marina Wiseman presented on this matter.

Outcome

The appeal was withdrawn. The applicant revised the sign package to comply with zoning regulations, making the appeal unnecessary.

Transcript Location

10:06

Stephen and Cathy Snowden - Vehicle Storage Yard

10:06

This agenda item concerned an appeal for a conditional use permit to establish a vehicle storage yard in an I-1 zone.

Outcome

The Board approved a one-month postponement of this appeal. The postponement was granted due to emergency circumstances affecting the appellant, with the matter rescheduled for the February meeting.

Troy C. Myers - Variance for Fence in R-3 Zone

Case Number: V-2009-8

Outcome: Approved

The Board considered a variance request by Troy C. Myers to allow a fence to remain in place in an R-3 zone despite not meeting the required 3-foot side yard setback. 12:51

Key Speakers: - Troy C. Myers - James Griggs - Jim Hume

Board Decision:

The Board approved the variance, determining that special circumstances justified an exception to the standard setback requirement. The approval was based on the following factors:

• The lot's large setbacks created special circumstances that warranted the variance
• The fence placement would have no adverse impact on public welfare
• The variance was appropriate given the specific conditions of the property

The variance allowed the fence to remain in its current position despite not conforming to the typical 3-foot side yard setback requirement for the R-3 zone.

Janet Bartholomew - Family Child Care in R-1D Zone

18:29

The Board considered a conditional use permit application from Janet Veronica Bartholomew for family child care operations in a single-family residential zone (R-1D Zone).

Outcome

The Board approved the conditional use permit with conditions.

Conditions of Approval

The approval included the following requirements:

• Fencing requirements
• Operating hours restrictions
• Occupancy permit requirements

Key Participants

The discussion involved Janet Veronica Bartholomew, the applicant, and Jim Hume.

Brian Casale / New Horizons Church - Child Care Expansion

26:01

The Board considered an appeal regarding the expansion of a child care facility operated by New Horizons Church in a light industrial zone. Brian Casale and Jim Hume were the key speakers on this agenda item.

Outcome

The Board approved the child care expansion with specific conditions and limitations.

Conditions of Approval

The approval included the following requirements:

• Updated site plans must be submitted
• Full compliance with construction standards and regulations is required
• The facility is limited to a maximum capacity of 225 children

The expansion was permitted to proceed in the light industrial zone subject to these conditions being met prior to or during the development process.

Fasig-Tipton Company, Inc. - Site Plan Amendment

The Board considered a conditional use permit to amend a previously approved site plan for Fasig-Tipton Company, Inc. 33:32. The amendment proposed the addition of a full basement in a new sales office building located in an agricultural rural zone.

Key speakers on this item included Susan Zehnder and Ben Palmer-Brown.

The Board approved the site plan amendment with conditions. The approval included specific requirements related to floodplain setbacks and aquifer protection to address environmental and safety concerns associated with the proposed basement construction in the agricultural rural zone.

Atchison-Heller Construction Company - Retention of Clubhouse and Pool

Agenda Item: C-2009-6

Type: Appeal

Outcome: Approved

35:49

The Board considered an appeal regarding the retention of a clubhouse and pool as a principal use on a separate lot within a high-density apartment zone. The proposal sought approval for these amenities to serve the surrounding residential community.

Key Speakers: - Rory Kahly - Jim Hume

Board Action:

The Board approved the retention of the clubhouse and pool, contingent upon specific conditions designed to ensure the facilities function as a private club exclusively for the surrounding community. These conditions were established to clarify the operational parameters and community benefit of the proposed amenities within the high-density residential context.