Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on May 30, 2008, at 1:02 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Chairman Mike Owens presiding. The board considered 21 agenda items, taking 20 motions and votes while hearing 10 public comments. The meeting resulted in a mix of outcomes: 11 items were approved, 4 were postponed, 1 was withdrawn, and 3 were denied. Approved requests included variances for residential improvements such as a detached garage and fence, as well as conditional use permits for various institutional and commercial expansions, including church expansions, an assisted living facility expansion, a swimming pool enclosure, and an indoor athletic club. Three items were postponed, including requests from the Kentucky Easter Seal Society for a hospital expansion, Panagia Pantovasilissa Greek Orthodox Church for a church expansion, and Twin Pines Christian Church for a church expansion (though a second Twin Pines request was later approved). The board denied conditional use permits for family child care operations requested by Kristen Meadows and Carla Jackson Stovall, as well as a variance for an in-ground swimming pool requested by Douglas and Dorothy Johnson. One application—CrossFit Lexington's conditional use permit for an indoor athletic club—was initially withdrawn but later approved during the meeting.

Attendance

Present: Mike Owens, Joanne Bell, Carolyn Edwards, Kathryn Moore, Louis Stout, Barry Stumbo, Jim Hume, Barry Brock, Jeff Neal, Rochelle Boland, Jim Marx, Jimmy Emmons, Wanda Howard, Bruce Simpson, Marshall Estep, Phil Moloney, Susan Van Wert, Tim Dobson, David Colvin, Wayne Cowen, Johnny Winchester, Jim Black, Christina Humphreys, Gene Alexander, Sheila Flynn, Douglas Johnson, Diana Rast, Brian Schliffke, James Mason, Wayne Hayden, and Steve Carroll.

Absent: Griggs

Late: None

Votes and Decisions

The Board took action on 20 motions during this meeting, with all votes passing unanimously unless otherwise noted.

Postponements

The Board postponed four items:

• CV-2008-51: Kentucky Easter Seal Society, Inc., postponed one month to June 27, 2008 2:45
• CV-2008-24: Panagia Pantovasilissa Greek Orthodox Church, postponed 90 days to August 22, 2008 5:20
• V-2008-40: Rev. and Mrs. George Naze, postponed 60 days to July 25, 2008 7:43
• C-2008-32: Johnny Winchester vehicle storage yard, postponed 60 days 55:10

Variances Approved

The Board approved five variance requests:

• V-2008-52: Wyn Morris and Victoria Sword, variance to reduce side yard along Skain Alley from 9'11" to 7'3.5" 13:40
• V-2008-56: David Colvin, variance to reduce side yard from 3 feet to 0 feet to retain fence 24:16
• V-2008-53: Sheila Flynn, variance to reduce side yard from 6 feet to 2 feet 1:21:49
• V-2008-54: Sheila Flynn, variance to reduce side yard from 6 feet to 2 feet 1:23:29

The Board denied one variance:

• V-2008-55: Douglas and Dorothy Johnson, variance to reduce side yard from 30 feet to 0 feet for in-ground pool 2:45:08

Conditional Use Permits Approved

The Board approved seven conditional use permits:

• CV-2008-44: C & G Construction Company, LLC, church expansion 36:01
• CV-2008-45: C & G Construction Company, LLC, church garage 38:20
• C-2008-36: Liberty Ridge Senior Living, expansion of assisted living facility 1:05:14
• C-2008-46: Lexington Dolphins, pool enclosure 1:06:59
• C-2008-47: Foundation for Advanced Architecture, historic house museum 1:08:45
• C-2008-48: CrossFit Lexington, LLC, indoor athletic club 1:17:05
• C-2008-50: CMW Incorporated, church site plan amendment 2:22:53
• C-2008-49: Twin Pines Christian Church, church expansion 3:18:32

The Board denied two conditional use permits:

• C-2008-42: Kristen Meadows, family child care 2:54:35
• C-2008-43: Carla Jackson Stovall, family child care 3:13:26

Public Comment

The meeting included public comment on multiple proposed developments and applications.

Hospital Expansion

Joanne Bell raised concerns about sanitary sewer and stormwater capacity for the proposed hospital expansion, asking the appellant to address stormwater issues at the next hearing 3:17.

Church Expansion

Multiple speakers addressed concerns about a church expansion project:

• Joanne Bell questioned whether the church expansion had adequate sanitary sewer capacity and stormwater management, prompting the board to consider adding a condition for a study 27:01.

• Logan Weiler III presented concerns about increased stormwater runoff from the church development, citing the EPA consent decree and the risk of exacerbating flooding in the neighborhood 1:43:11.

• Bill Smith presented data and research showing discrepancies in the stormwater calculations and expressed concern about the accuracy of the pervious surface area and curve numbers 1:45:57.

• William Anglin explained that incorrect curve numbers could lead to higher peak discharge and increased erosion, and urged the board to ensure accurate calculations 1:52:46.

• Carrie Manley raised concerns about traffic congestion and safety on Sane Road and Valley Road due to the proposed church access points 1:53:55.

• Mark Whaley expressed concern about erosion and water quality, noting that the proposed design concentrates runoff into a single discharge point, which could harm the environment 1:56:30.

Vehicle Storage Yard

Paul Rose expressed concern about the potential for the property to become a junkyard and emphasized that the applicant should not be allowed to store wrecked vehicles 55:43.

Child Care Service

Brian Schliffke reported that a neighborhood meeting showed strong support for a child care service with six or fewer children, but opposition to a larger daycare 2:51:18.

Residential Parking

James Mason, a neighbor, stated that he has not observed any parking issues on Woodhill and that Ms. Stovall's van does not park on the street 3:08:37.

Contested Items

Three significant issues generated substantial disagreement during this meeting:

Stormwater Management for Church Expansion

Residents raised significant concerns about increased stormwater runoff and flooding related to the proposed church expansion. Community members cited the EPA consent decree and expressed worry that the project would exacerbate existing drainage issues in the neighborhood.

Traffic and Safety on Sane Road

Residents expressed concerns about traffic congestion and safety on Sane Road in connection with the proposed church expansion. The community objected to the planned church access points, noting that Sane Road is narrow and experiences high-speed traffic, raising safety questions about the additional vehicle traffic the expansion would generate.

Child Care Permit for 12 Children

The board faced strong opposition to a child care permit application. Community members raised concerns about traffic, parking, and the extended operating hours associated with the proposed child care facility. The discussion became heated, and notably, the applicant was not present to respond to or defend against the concerns raised.

Kentucky Easter Seal Society, Inc. – Conditional Use Permit and Variances for Hospital Expansion

2:09

The board considered a conditional use permit and variances application (CV-2008-51) for the Kentucky Easter Seal Society, Inc. to expand hospital facilities.

Staff Recommendation

Staff recommended approval of the application, finding that the proposed expansion would have minimal impact on the surrounding area and that adequate public services were available to support the project. The recommendation included conditions addressing stormwater management, sewer connections, and construction setbacks.

Key Speakers

Bruce Simpson and Joanne Bell participated in the discussion of this agenda item.

Board Action

The board voted to postpone the appeal for one month. This postponement was granted to allow the appellant additional time to meet with a neighboring property owner, presumably to address concerns or reach an agreement regarding the proposed expansion.

Panagia Pantovasilissa Greek Orthodox Church – Conditional Use Permit and Variance for Church Expansion

Case Number: CV-2008-24

Overview

The board considered a conditional use permit and variance request for Panagia Pantovasilissa Greek Orthodox Church related to a proposed church expansion. 4:19

Staff Recommendation

Staff recommended approval of the request, citing minimal anticipated neighborhood impact and adequate parking provisions for the expansion. The recommendation included conditions addressing driveway design and off-site parking requirements.

Key Speaker

Marshall Estep presented information on this agenda item.

Outcome

The board postponed the appeal for 90 days. This postponement was granted to allow the church to prepare an amended plat for the project.

Rev. and Mrs. George Naze – Variance for Sunroom and Deck

Identifier: V-2008-40

The board considered a variance request from Rev. and Mrs. George Naze for a sunroom and deck addition. 5:54

Staff Recommendation

Staff recommended disapproval of the variance request, citing a lack of special circumstances that would justify granting the variance. Staff also expressed concern that approving the request could set a precedent for widespread circumvention of zoning rules.

Board Action

Rather than voting on the variance immediately, the board voted to postpone the request for 60 days. This postponement was intended to provide the appellants with additional time to resolve outstanding issues with utility companies and the builder before the board would reconsider the application.

Key Participant

Phil Moloney was identified as a key speaker during the discussion of this agenda item.

Outcome

The variance request was postponed for 60 days.

CrossFit Lexington, LLC – Conditional Use Permit for Indoor Athletic Club

Case Number: C-2008-35

Outcome: The application was withdrawn, and no further action was taken.

Background: This agenda item concerned a conditional use permit application for CrossFit Lexington, LLC to operate an indoor athletic club. The board had previously recommended approval of the application, subject to conditions related to occupancy limits and safety requirements.

Discussion: Susan Van Wert was the key speaker on this matter 8:16. During the meeting, the appellant withdrew the conditional use permit application before the board took final action.

Board Recommendation: Prior to the withdrawal, the board had recommended conditional approval of the permit, with specific conditions addressing occupancy and safety considerations for the indoor athletic facility.

Wyn Morris and Victoria Sword – Variance for Detached Garage

Identifier: V-2008-52

The board considered a variance request from Wyn Morris and Victoria Sword for a detached garage 12:03. The variance sought to reduce the side yard setback along Skain Alley.

Tim Dobson presented the item to the board. No opposition to the variance was raised during the meeting.

The board approved the variance to reduce the side yard along Skain Alley. The approval included conditions related to architectural review and permit requirements that the applicants must satisfy.

Outcome: Approved

David Colvin – Variance for Fence

Identifier: V-2008-56

Overview

The board considered a variance request from David Colvin to allow a fence to remain in a side yard. 18:28

Key Participants

David Colvin presented the variance request.

Discussion and Presentation

The variance request addressed the placement of a fence in a side yard location. During the discussion, the issue of permit acquisition emerged as a significant point. Colvin acknowledged the need for a permit but indicated that the contractor who installed the fence was responsible for obtaining it.

Outcome

The board approved the variance, allowing the fence to remain in the side yard. The approval included conditions requiring:

• Acquisition of the necessary permit
• Specification of the scope of the variance

Decision

The variance was approved with the noted conditions regarding permit requirements and the defined scope of the approval.

C & G Construction Company, LLC – Conditional Use Permit and Variance for Church

25:51

The board considered a conditional use permit and variance application from C & G Construction Company, LLC for a church expansion project (CV-2008-44).

Wayne Cowen presented the matter to the board. The application sought approval for both a conditional use permit and variance related to the church expansion.

Board Action

The board approved the conditional use permit and variance, subject to seven conditions designed to address potential impacts of the expansion:

• Stormwater management requirements
• Sewer capacity considerations
• Traffic studies
• Additional condition requiring a study on sewer capacity

The board added the sewer capacity study condition during its deliberation, indicating this was an area of particular concern regarding the project's feasibility and impact on municipal infrastructure.

Outcome

The application was approved with conditions.

C & G Construction Company, LLC – Conditional Use Permit and Variance for Church

Identifier: CV-2008-45

Overview

The board considered a conditional use permit and variance application for C & G Construction Company, LLC related to a church garage. 37:45

Key Speaker

Wayne Cowen presented on this agenda item.

Outcome

The board approved the conditional use permit and variance with four conditions.

Conditions of Approval

The approval included the following conditions:

• Permits requirement
• Sewer-related condition
• Stormwater management condition
• Traffic-related condition

Site Characteristics

The board noted that the site operates on a private sewer system rather than a public municipal system.

Johnny Winchester – Conditional Use Permit for Vehicle Storage Yard

Identifier: C-2008-32

The board discussed a conditional use permit application for a vehicle storage yard submitted by Johnny Winchester 49:59.

Key Issues

The primary concern raised during the discussion involved paving requirements for the storage yard lot. The applicant expressed financial concerns about the cost of blacktopping the property, indicating that this requirement presented a significant financial burden for the project.

Outcome

The board postponed the appeal for 60 days. This postponement was granted to allow the applicant time to revise the site plan and address the paving requirements that had been identified. The extended timeline provides an opportunity for Winchester to work through the financial and technical aspects of the project before the matter returns for further consideration.

Liberty Ridge Senior Living – Conditional Use Permit for Assisted Living Expansion

Item Identifier: C-2008-36

Overview

The board discussed and approved a conditional use permit for an assisted living expansion at Liberty Ridge Senior Living. 57:24

Key Participants

Jim Black was a key speaker during the discussion of this agenda item.

Presentation and Discussion

The applicant presented plans for the assisted living expansion and demonstrated collaborative efforts with neighboring properties. Specifically, the applicant had worked with neighbors to address concerns regarding vegetation and walking paths on the property.

Board Action

The board approved the conditional use permit with seven conditions attached to the approval. These conditions included:

• Submission of a revised site plan
• Demonstration of adequate sewer capacity
• Completion of traffic impact studies

Outcome

The permit was approved with conditions.

Lexington Dolphins – Conditional Use Permit to Enclose Swimming Pool

Identifier: C-2008-46

The board considered a conditional use permit application from Lexington Dolphins to enclose a swimming pool. 1:06:24

Presentation and Key Details

Christina Humphreys presented the application on behalf of Lexington Dolphins. The applicant indicated that the pool would be enclosed on a seasonal basis and would accommodate no more than 50 participants.

Conditions of Approval

The board approved the conditional use permit with three conditions related to construction and safety requirements.

Outcome

The permit was approved.

Foundation for Advanced Architecture – Conditional Use Permit for Historic House

Agenda Item: C-2008-47

Type: Discussion

Outcome: Approved

1:08:09

The board considered a conditional use permit application from the Foundation for Advanced Architecture for a historic house museum. The applicant had submitted a revised site plan for the board's consideration.

Key Participants: - Gene Alexander

Board Action:

The board approved the conditional use permit with four conditions. These conditions addressed:

• Construction requirements
• Historical preservation standards
• Traffic management

The approval was contingent upon the applicant's compliance with these four specified conditions related to the project's implementation and ongoing operations.

CrossFit Lexington, LLC – Conditional Use Permit for Indoor Athletic Club

Identifier: C-2008-48

The board considered a conditional use permit application for CrossFit Lexington, LLC to operate an indoor athletic club. 1:09:53

Key Presentation

Suzanne Van Wert presented information regarding the application. The applicant estimated a maximum occupancy of 50 participants at any time during operations.

Board Action

The board approved the conditional use permit with three conditions:

• Occupancy requirements
• Permit requirements
• Safety requirements

Outcome

The permit was approved with the specified conditions in place.

Twin Pines Christian Church – Conditional Use Permit for Church Expansion

Identifier: C-2008-49

Overview

The board considered an appeal related to Twin Pines Christian Church's conditional use permit for a church expansion. The applicant had previously been granted a conditional use permit but needed to amend the site plan.

Key Participants

Wayne Hayden was the primary speaker on this agenda item.

Action Taken

The board postponed the appeal to allow the applicant to return with a revised plan. This postponement gave the applicant an opportunity to address concerns and present modifications to the site plan before the board would reconsider the matter.

Transcript Location

1:17:37

Sheila Flynn – Variance for Single-Family Residence

Identifier: V-2008-53

Outcome: Approved

The board considered a variance request from Sheila Flynn for a single-family residence 1:19:47. The variance sought to reduce the required side yard setback from 6 feet to 2 feet.

Key Details:

The board approved the variance with two conditions: - Permit requirements must be satisfied - Construction must comply with specified standards

Background:

The applicant had previously been denied a variance for a similar property, which was noted during the board's consideration of this request.

Sheila Flynn – Variance for Single-Family Residence

Identifier: V-2008-54

Outcome: Approved

The board considered a variance request from Sheila Flynn for a single-family residence 1:22:52. The variance sought to reduce the required side yard setback from 6 feet to 2 feet.

The board approved the variance with two conditions related to permits and construction requirements.

The board noted that the applicant had previously been denied a variance for a similar property, which was considered in their deliberation on this request.

CMW Incorporated – Conditional Use Permit to Amend Site Plan for Church

The board considered a conditional use permit amendment for CMW Incorporated to revise the site plan for a church. The applicant had previously been granted a conditional use permit and was seeking approval to amend the existing site plan.

Key speakers in the discussion included Doug Martin and Brian Hill.

The board approved the amendment to the site plan, subject to ten conditions. These conditions addressed three primary areas of concern:

• Stormwater management
• Traffic impacts
• Environmental impact

The approval was contingent upon the applicant's compliance with all ten specified conditions related to these issues.

Outcome: The conditional use permit amendment was approved.

Douglas and Dorothy Johnson – Variance for In-Ground Swimming Pool

Variance Request: V-2008-55

Proposal: Douglas and Dorothy Johnson requested a variance to reduce the side yard setback requirement from 30 feet to 0 feet for an in-ground swimming pool.

Staff Recommendation: Staff recommended disapproval of the variance.

Key Concerns: The primary concerns raised regarding this proposal centered on neighborhood character and the permanent nature of the structure. Staff noted that reducing the side yard setback to zero feet would alter the character of the neighborhood and expressed concerns about the permanence of an in-ground pool as a fixture on the property.

Key Speaker: Rory Kaley

Outcome: The board denied the variance request 2:23:56.

Kristen Meadows – Conditional Use Permit for Family Child Care

2:46:27

The board considered a conditional use permit application from Kristen Meadows for a family child care operation. Diana Rast was the key speaker on this agenda item.

The applicant was not present at the meeting. The board raised several concerns about the proposed operation, including traffic impacts, parking availability, and the extended operating hours associated with the child care facility. These concerns were discussed as potential drawbacks to approving the permit.

After deliberation, the board determined that the concerns outweighed any benefits the facility would provide. The conditional use permit was denied.

Carla Jackson Stovall – Conditional Use Permit for Family Child Care

Identifier: C-2008-43

Carla Jackson Stovall applied for a conditional use permit to operate a family child care facility. The applicant was present during the discussion 2:55:12.

Key Concerns

The board raised several concerns about the proposed operation:

• Traffic impacts in the area
• Parking availability and adequacy
• Extended operating hours

Applicant's Position

Carla Jackson Stovall expressed her commitment to the community during the meeting.

Outcome

The board denied the conditional use permit for family child care.

Twin Pines Christian Church – Conditional Use Permit for Church Expansion

Identifier: C-2008-49

Outcome: Approved with conditions

The board considered a conditional use permit application for Twin Pines Christian Church's expansion project. Wayne Hayden presented on this matter 3:14:35.

The applicant had previously received a conditional use permit but was required to revise the site plan for the proposed expansion. The board approved the expansion subject to three conditions:

• Construction-related requirements
• Permit obligations
• Stormwater management provisions

The approval moved forward based on the revised site plan and the applicant's compliance with the specified conditions.