Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on April 25, 2008, at 1:00 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Chairman Mike Owens presiding. The board considered 17 agenda items, taking 16 motions and votes throughout the meeting while hearing 8 public comments. Of the items presented, the board approved 8 requests, postponed 5 items for further consideration, and allowed 3 applicants to withdraw their applications. The approved cases included variances for Manchester Development, LLC to eliminate landscaping requirements in an I-1 zone and for Robert M. Harrison to reduce side yard setbacks in an R-1C zone, as well as conditional use permits for various residential and commercial purposes, including a home occupation wedding florist business, a nightclub, an equine swimming pool facility, and church-related improvements.

Attendance

Present: Mike Owens, Carolyn Edwards, James Griggs, Louis Stout, Joanne Bell, Barry Stumbo, John Bryant, George Dillon, Barry Brock, Jim Gallimore, Rochelle Boland, Jim Marx, Barbara Rackers, and Wanda Howard.

Absent: Kathryn Moore.

Late: None.

Votes and Decisions

The meeting included 15 votes and decisions on various zoning and development matters, all of which passed unanimously.

Procedural Matters

The board approved the minutes from the July 27, 2007 meeting, with the motion made by Mr. Stout and seconded by Ms. Edwards 5:36.

Postponements

Four items were postponed to future meetings:

• V-2008-40: Rev. and Mrs. George Naze, postponed until May 30, 2008 (motion by Mr. Stout, seconded by Ms. Edwards) 9:22
• C-2008-33: Pull-A-Part, postponed until June 27, 2008 (motion by Ms. Bell, seconded by Mr. Stout) 20:18
• C-2008-32: Johnny Winchester, postponed until May 30, 2008 (motion by Mr. Stumbo, seconded by Mr. Griggs) 24:44
• C-2008-35: CrossFit Lexington LLC, postponed until May 30, 2008 (motion by Mr. Marks, seconded by Mr. Stout) 49:31
• CV-2008-24: Panagia Greek Orthodox Church, continued until May 30, 2008 to allow for redesign of parking and compliance with ADA and traffic requirements (motion by Mr. Stout, seconded by Mr. Grady) 4:20:56

Approved Variances and Conditional Uses

Nine applications were approved with conditions:

• V-2008-38: Manchester Development, LLC variance to eliminate landscaping in I-1 zone (motion by Mr. Griggs, seconded by Mr. Stout) 33:12
• V-2008-39: Robert M. Harrison variance to reduce side yard from 8' to 4'6" in R-1C zone (motion by Ms. Edwards, seconded by Ms. Bell) 34:52
• C-2008-27: Beta Chi of Kappa Kappa Gamma conditional use for sunroom conversion in R-4 zone (motion by Mr. Stout, seconded by Mr. Stumbo) 37:44
• C-2008-28: Jeanie Gorrell conditional use for home occupation as wedding florist in R-2 zone (motion by Mr. Stumbo, seconded by Mr. Stout) 43:11
• C-2008-30: Jeffrey Blandon/Stephen Chandler conditional use for nightclub with live music in I-1 zone (motion by Mr. Stumbo, seconded by Mr. Stout) 47:56
• C-2008-23: Eric McInalen conditional use for equine swimming pool in A-R zone (motion by Ms. Bell, seconded by Mr. Stout) 55:29
• C-2008-19: Trinity Baptist Church conditional use for canopy in R-1C zone (motion by Mr. Stout, seconded by Ms. Edwards) 1:05:14
• C-2008-29: Amanda Bowman conditional use for family child care in R-1C zone (motion by Mr. Stumbo, seconded by Mr. Stout) 1:45:03
• A-2008-37: Laura Scott Adkins administrative review for sign in B3 zone (motion by Ms. Bell, seconded by Mr. Stout) 2:02:44

Withdrawn Request

V-2008-41: Frederick Cotton's variance request was withdrawn after the applicant agreed to comply with staff's recommended plan 1:49:58.

Public Comment

The meeting included eight public comments addressing a proposed church expansion project, with speakers both supporting and opposing the development.

Support for the Expansion

Yvette Harrigan 2:38:50 praised the Greek Orthodox Church as a well-maintained and beloved neighbor, stating that its presence enhances the neighborhood and expressing support for the expansion.

Louis William Rahm 2:40:26, a resident of the Hollywood neighborhood, submitted a letter in support of the expansion, stating it would enhance the area's architectural character and noting that the church has been a good neighbor.

Opposition and Concerns

Kate Savage 2:52:34, a preservationist and president of the Columbia Heights Neighborhood Association, opposed the expansion on historic preservation grounds. She argued that the Byzantine church design is incongruous with the neighborhood's American bungalows and contended that demolishing a house on the verge of being listed on the National Historic Register would be a crime.

Mary Margaret Lowe 3:06:26 expressed multiple concerns about the proposed church, stating it would dwarf nearby homes, block sunlight, increase stormwater runoff, and cause traffic congestion. She urged denial of the variance, citing the neighborhood's pending historic designation.

Eugene Lacefield 3:13:21 warned that demolishing homes one by one would erode the neighborhood's character and could lead to more commercial development along Tates Creek Road, characterizing this pattern as "death by small nicks."

Stuart Connelly 3:18:04, whose mother lives adjacent to the project site, expressed concern that past construction had flooded her basement and washed debris onto her driveway, and feared similar issues with the new project.

Other Comments

Song Kim 7:46, a neighbor at 315 Retrac Road, expressed concern that steps to the appellants' covered porch encroach on his property and may lower his property value by about two feet. He stated he had no objection to the requested postponement.

Richard Murphy 17:25, representing the Townley Park and Meadowthorpe Neighborhood Associations, requested a two-month postponement for case C-2008-33 to allow time for neighborhood coordination, noting that the applicant had already scheduled a meeting with the associations.

Contested Items

Panagia Greek Orthodox Church Expansion

The proposed expansion of the Panagia Greek Orthodox Church generated significant community opposition. Neighbors raised multiple concerns about the project's compatibility with the surrounding area, including the scale of the expansion and its Byzantine architectural design. Residents testified about potential negative impacts including increased traffic, parking challenges, and the demolition of a historic house. Additional concerns were raised regarding the risk of increased flooding and neighborhood congestion resulting from the expansion.

C-2008-33: Pull-A-Part Auto Salvage Yard

This case involved a heated discussion centered on a proposed two-month postponement of the project. The debate focused on environmental impact concerns and potential economic effects. The applicant and board ultimately reached agreement on extending the postponement after the applicant confirmed coordination with neighborhood associations regarding the project's implementation.

C-2008-29: Family Child Care in Residential Zone

A proposal to operate family child care in a residential zone resulted in a split vote among board members. While the applicant and staff had reached agreement on the conditions for the operation, a neighbor raised concerns about noise and traffic impacts on the residential area. The board ultimately approved the request after the applicant committed to working directly with neighbors to address their concerns.

Rev. and Mrs. George Naze - Variance to reduce rear and side yard requirements

Case Number: V-2008-40

Issue: Rev. and Mrs. George Naze requested a variance to modify yard requirements in a Planned Neighborhood Residential zone. Specifically, they sought to reduce the required rear yard setback from 10 feet to 5.5 feet and eliminate the 5-foot side yard requirement. The variance was needed to retain an existing sunroom and deck on their property.

Key Speakers: Phil Moloney and Song Kim

Staff Position: Staff recommended disapproval of the variance request. The primary concern was the lack of special circumstances that would justify the reduction in setback requirements. Staff also noted that approving the variance could set a precedent for widespread circumvention of established zoning rules.

Outcome: The applicant's attorney requested a 30-day postponement, which was granted. The matter was not decided at this meeting and will be reconsidered at a future date.

6:10

Pull-A-Part - Conditional use for auto salvage yard in I-2 zone

The applicant requested a conditional use permit for an auto salvage yard to be located on a former landfill site in an I-2 (Industrial) zone. 10:01

Key Speakers

Matt Carter and Richard Murphy were the primary speakers on this agenda item.

Staff Recommendation

Staff recommended postponing the application to allow additional time for alternative access planning and environmental permitting related to the former landfill designation of the property.

Outcome

The application was postponed for two months. This postponement was granted following requests from neighborhood associations who indicated they needed additional time to coordinate their response to the proposal.

Johnny Winchester - Conditional use for vehicle storage yard in I-1 zone

Case Number: C-2008-32

Applicant: Johnny Winchester

Request: Conditional use permit for a vehicle storage yard in an I-1 (Industrial) zone

Background: The property in question already hosts a moving and storage business. The applicant sought approval to operate a vehicle storage yard on the same site.

Staff Recommendation: Staff recommended postponement of the application to allow for submission of a detailed site plan and clarification of the proposed operations.

Outcome: The application was postponed for 30 days to allow the applicant time to provide the additional information and documentation requested by staff.

23:37

Sonja Gregory - Conditional use for school in A-U zone

Case Number: C-2008-31

Request: The applicant sought a conditional use permit to establish a school on a property that contained an existing greenhouse.

Staff Recommendation: Staff recommended disapproval of the request, citing several operational and safety concerns:

• Inadequate off-street parking for the proposed school use
• Traffic conflicts with landscaping trucks that currently operate on the property
• Operational incompatibility between a school and the existing greenhouse operations

Outcome: The applicant withdrew the conditional use permit request.

Ralph Senninger - Conditional use for recreational facility in A-R zone

Case Number: C-2008-34

Request: The applicant sought a conditional use permit for a recreational facility in an A-R (Agricultural-Residential) zone located in a floodplain area.

Staff Recommendation: Staff recommended disapproval of the request based on several identified constraints and concerns:

• Floodplain constraints affecting the proposed site
• Inadequate access to the facility
• Sewage treatment issues
• Conflict with the historic character of the Clays Ferry Rural Settlement

Outcome: The applicant withdrew the request.

25:40

Manchester Development, LLC - Variance to eliminate landscaping in I-1 zone

Case Number: V-2008-38

Manchester Development, LLC requested a variance to eliminate required landscaping in an I-1 (Industrial) zone for a vehicular use area. 32:07

Presentation and Discussion

Barry McNees presented the variance request to the board.

Staff Recommendation

Staff recommended approval of the variance with conditions. The conditions were designed to maintain visibility and appearance standards despite the elimination of the required landscaping.

Outcome

The motion to approve the variance passed unanimously.

Robert M. Harrison - Variance to reduce side yard in R-1C zone

Case Number: V-2008-39

Applicant: Robert M. Harrison

Request: A variance to reduce the required side yard setback from 8 feet to 4 feet 6 inches in an R-1C zoning district for a room addition.

Staff Recommendation: Approval, based on special circumstances and minimal impact to surrounding properties.

Outcome: The variance was approved unanimously. 33:44

Beta Chi of Kappa Kappa Gamma - Conditional use to convert porch to sunroom in R-4 zone

Case Number: C-2008-27

Request: The applicant sought a conditional use permit to convert a porch to a sunroom in an R-4 zoned area.

Staff Recommendation: Staff recommended approval with conditions.

Key Discussion: Tom Burke presented on this matter 35:28. The applicant requested a slight increase in square footage beyond the original proposal, which was approved during the discussion.

Outcome: The motion to approve the conditional use permit passed unanimously.

Jeanie Gorrell - Conditional use for home occupation (wedding florist) in R-2 zone

38:16

Jeanie Gorrell applied for a conditional use permit to operate a wedding florist home occupation in an R-2 residential zone.

Staff Recommendation

Staff recommended approval of the conditional use permit, subject to seven conditions.

Applicant Position

Gorrell agreed to all seven conditions proposed by staff.

Outcome

The motion to approve the conditional use permit passed unanimously.

Jeffrey Blandon / Stephen Chandler - Conditional use for nightclub in I-1 zone

Jeffrey Blandon and Stephen Chandler applied for a conditional use permit to operate a nightclub with live music as part of a mixed-use development project in an I-1 (Industrial) zone 43:43.

Application Details

The applicants sought approval to establish a nightclub featuring live music entertainment within their mixed-use project proposal.

Staff Recommendation

Staff recommended approval of the conditional use permit, subject to six conditions. The conditions included revised parking requirements to address the anticipated demand from the nightclub operation.

Outcome

The motion to approve the conditional use permit passed unanimously.

CrossFit Lexington LLC - Conditional use for indoor recreational facility in I-1

Case Number: C-2008-35

Request: CrossFit Lexington LLC sought a conditional use permit for an indoor recreational facility in an I-1 zone.

Outcome: The applicant withdrew the request. The motion to postpone was granted.

Details: During the meeting, the applicant indicated they would pursue an alternate site rather than proceed with the conditional use permit application for the originally proposed location. Following this withdrawal, a motion to postpone the matter was approved.

49:01

Eric McInalen - Conditional use for equine swimming pool in A-R zone

Eric McInalen requested a conditional use permit to construct an equine swimming pool on property zoned A-R (Agricultural-Residential). 50:15

Key Speakers: - Eric McInalen (applicant) - Don Todd

Application and Negotiations:

The applicant sought approval for the equine swimming pool project. Through the review process, negotiations occurred between the applicant and the reviewing body regarding the project's conditions and site plan.

Conditions Agreed Upon:

As part of the approval process, the applicant agreed to several modifications and conditions: - Relocate the equine swimming pool to a different location on the property - Return paddock areas to pasture use - Meet additional unspecified conditions

Outcome:

The conditional use permit was approved unanimously. The motion passed without dissent from the reviewing board.

Trinity Baptist Church - Conditional use for canopy in R-1C zone

Trinity Baptist Church requested a conditional use permit to retain a canopy located in an R-1C zoning district. 56:06

Staff Recommendation

Staff recommended approval of the conditional use permit, subject to two conditions.

Applicant Position

The applicant agreed to the conditions proposed by staff.

Outcome

The motion to approve the conditional use permit passed unanimously.

Amanda Bowman - Conditional use for family child care in R-1C zone

Case Number: C-2008-29

Applicant Request: Amanda Bowman sought a conditional use permit to operate family child care in an R-1C zone.

Key Speakers: Amanda Bowman and Donald Graves participated in the discussion.

Issues Raised: A neighbor expressed concerns about noise and traffic impacts that would result from the proposed family child care operation.

Resolution: Following discussion of the neighbor's concerns, Amanda Bowman agreed to work cooperatively with neighbors to address their issues. The motion to approve the conditional use permit passed unanimously.

Outcome: Approved

*[Transcript location: approximately 1:06:20]*

Frederick Cotton - Variance to reduce front yard in R-2 zone

Case Number: V-2008-41

Applicant: Frederick Cotton

Request: The applicant sought a variance to reduce the required front yard setback from 20 feet to 14 feet in an R-2 zoning district.

Reason for Request: The variance was requested due to a measurement error.

Staff Recommendation: Staff recommended disapproval of the variance request.

Outcome: The applicant agreed to withdraw the request and comply with the required 20-foot setback.

1:46:10

Laura Scott Adkins - Administrative review for sign in B3 zone

1:51:10

This agenda item involved an administrative review for a sign in a B3 zone. The applicant, Laura Scott Adkins, sought approval for a 176 square foot freestanding sign.

Staff recommended approval of the request with conditions. In response to these conditions, the applicant agreed to combine two signs to meet applicable size limits and withdrew the request for a parquet sign.

James Golden participated as a key speaker during the discussion of this item.

The motion to approve the administrative review passed unanimously.

Panagia Greek Orthodox Church - Conditional use and variance for church expansion

The board considered application CV-2008-24 for a conditional use permit and variance to allow Panagia Greek Orthodox Church to expand and replace its building. 2:11:59

Applicant and Supporters

The church's representatives, including Hank Goretti, Dennis Korunis, and Alex Christofaridis, presented the expansion proposal to the board.

Opposition and Concerns

Multiple neighbors opposed the project, raising several concerns:

• Scale and design: Neighbors questioned whether the proposed expansion was appropriately scaled for the location
• Parking: Significant concerns were raised about parking availability and adequacy for the expanded facility
• Traffic: Opponents cited traffic impacts as a major concern
• Historic preservation: Historic preservation issues were raised in relation to the project

Key speakers expressing opposition or concerns included Sam Mashney, Marshall Estep, Yvette Harrigan, Louis William Rahm, Kate Savage, Mary Margaret Lowe, Eugene Lacefield, and Stuart Connelly.

Board Decision

Rather than rendering a final decision, the board voted to continue the case to a future meeting. This postponement was intended to allow the applicant time to address specific deficiencies in the proposal, including:

• Redesign of the parking plan
• Compliance with ADA (Americans with Disabilities Act) requirements
• Compliance with traffic requirements

The case was not resolved at this meeting and remains pending further review.