Board of Adjustment Meeting

Summary

Meeting Overview

The Lexington Fayette County Board of Adjustments held a meeting on February 27, 2009, at 1:01 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky. Chairman Peter Brown presided over the session, which included three agenda items, four motions and votes, and three public comments.

The board addressed three cases during the meeting. The Fender Funeral Directors revocation hearing was postponed. The Broadway Christian Church's application for a conditional use and variance appeal was approved. The Miller Street Developments variance request was also approved.

Attendance

Present: Peter Brown, Louis Stout, James Griggs, Carolyn Edwards, Kathryn Moore, Jim Hume, Barry Brock, Jim Gallimore, Rochelle Boland, Jim Marx, Bill Sallee, Barbara Rackers, Wanda Howard, Richard Murphy, Darryl Nunnelley, Benjamin Gallagher, and George Dillon.

Absent: Barry Stumbo and Janice Meyer.

Late: None reported.

Votes and Decisions

Approval of October 31, 2008 Meeting Minutes 11:13

Motion by Carolyn Edwards, seconded by James Griggs. The minutes from the October 31, 2008 meeting were approved unanimously. All five board members voted in favor: Peter Brown, Louis Stout, James Griggs, Carolyn Edwards, and Kathryn Moore.

Case C-2005-53: Postponement of Fender Funeral Directors Revocation Hearing 21:47

Motion by Louis Stout, seconded by Carolyn Edwards. The revocation hearing for Fender Funeral Directors was postponed by unanimous vote. All five board members voted in favor: Peter Brown, Louis Stout, James Griggs, Carolyn Edwards, and Kathryn Moore. The applicant is required to work with Building Inspection to address conditions and will be allowed phased compliance.

Case CV-2009-9: Conditional Use Permit for Broadway Christian Church 25:38

The conditional use permit for Broadway Christian Church was approved by voice vote, with the applicant's withdrawal of the variance request. The approval includes conditions requiring the applicant to install a 5-foot landscape buffer along Saunier Street, allow pedestrian pass-throughs in the buffer, and submit the final design for review by Traffic Engineering and the Landscape Examiner.

Case V-2009-11: Variance for Miller Street Developments 43:35

The variance for Miller Street Developments to reduce rear yard setback for an in-ground pool was approved by voice vote. The applicant is required to obtain an amended building permit within 30 days of the Board action.

Public Comment

Three speakers addressed the board during the public comment period.

Richard Murphy 16:14 spoke regarding the Fender Funeral Directors revocation hearing. He requested postponement of the hearing, citing ongoing resolution efforts with Building Inspection. Murphy emphasized the appellant's status as a small business and its role in community service. He noted that progress had been made on paving bids despite challenges from asphalt plant closures.

Darryl Nunnelley 22:48 addressed the Broadway Christian Church parking lot expansion matter. He withdrew the variance request for elimination of the landscape buffer but requested assurance of reasonable pedestrian access through the buffer area. Nunnelley expressed willingness to collaborate with Planning staff on design solutions.

Benjamin Gallagher 30:23 spoke about the Miller Street Developments variance request. He explained that a misunderstanding had occurred regarding whether a pool qualified as an accessory structure subject to rear yard setback requirements. Gallagher stated he had believed the pool was permitted as part of the primary structure. He clarified that design changes were made before permit issuance.

Contested Items

The meeting included two items that generated significant discussion and disagreement among Board members.

Fender Funeral Directors Revocation Hearing

This item involved a heated discussion regarding a four-year delay in meeting conditions. Chairman Brown expressed concern about the extended timeline and questioned the Board's authority to revoke the relevant approval. Both staff and the applicant emphasized their ongoing efforts and highlighted the community impact of the potential revocation. Despite the contentious nature of the discussion, the Board voted unanimously to postpone the matter rather than proceed with revocation at that time.

Miller Street Developments Variance Request

This item resulted in a split vote among Board members. Chairman Brown raised questions about whether the applicant had intentionally misrepresented the location of a pool, pointing to discrepancies between the preliminary plans and the construction plans that were submitted. Although staff recommended approval of the variance request, the Board determined that an explanation from the applicant was necessary before moving forward. The Board required clarification on the pool location discrepancy before granting approval.

Fender Funeral Directors - Revocation Hearing

12:14

The Board considered a revocation hearing for a conditional use permit that had been granted in 2005 for a funeral home located in an A-U zone. The permit was subject to specific conditions that the applicant was required to complete.

Key Issue

The applicant had not completed required conditions for the property, including parking paving and landscaping improvements. This non-compliance prompted the revocation hearing four years after the original permit was granted.

Speakers and Positions

The following individuals participated in the discussion: Peter Brown, Louis Stout, James Griggs, Carolyn Edwards, Richard Murphy, and Jim Hume.

Both staff and the applicant requested a 30-day postponement to allow time for phased compliance with the permit conditions. This request indicated a collaborative approach to resolving the outstanding requirements rather than proceeding immediately with revocation.

Concerns Raised

Chairman Brown expressed concern regarding the four-year delay in completing the required conditions. His concern reflected the extended timeline between the permit's original grant and the current hearing.

Outcome

The Board voted unanimously to postpone the revocation hearing until April 24, 2009. This postponement provided the applicant with additional time to work toward compliance with the conditional use permit requirements through a phased approach.

Broadway Christian Church - Conditional Use and Variance Appeal

Identifier: CV-2009-9

Broadway Christian Church requested a conditional use permit to expand parking facilities and sought a variance to eliminate a required 5-foot landscape buffer. 22:48

Key Speakers: - Darryl Nunnelley - Jim Marx - Louis Stout - James Griggs

Discussion Summary:

The applicant initially sought approval to remove the 5-foot landscape buffer requirement as part of their parking expansion project. However, during the review process, the Church withdrew its variance request and agreed to install a full landscape buffer as required by code.

The Church then requested pedestrian access through the landscape buffer to facilitate movement between the parking area and the church building. Staff and Board members discussed the feasibility of accommodating this pedestrian access while maintaining the required buffer.

Outcome:

No objections were raised regarding the Church's revised proposal. The matter was approved, though it was deferred for further review to address the details of the pedestrian access through the landscape buffer.

Miller Street Developments - Variance Request

Identifier: V-2009-11

Miller Street Developments requested a variance to reduce the rear yard setback requirement from 1.5 feet to 0 feet for an in-ground pool located in a historic district.

Discussion

The applicant acknowledged a misunderstanding regarding the pool's classification as an accessory structure, which would require adherence to setback regulations. During the presentation, the applicant clarified the error and confirmed that the proposed design complies with applicable requirements despite the setback variance.

Key speakers in this discussion included Benjamin Gallagher, George Dillon, Peter Brown, and Louis Stout.

Staff Recommendation and Board Action

Staff recommended approval of the variance request. The Board approved the variance after the applicant's explanation and confirmation of design compliance.

Outcome: Approved

27:57