Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on November 21, 2008, at 1:00 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Peter Brown presiding. The board considered six agenda items, taking six votes and hearing one public comment during the session. The meeting resulted in five approvals and one postponement. Approved items included a variance for Robert and Michele King to increase detached garage height, a variance for Roland Properties, LLC to reduce project exterior yard requirements, a conditional use permit for Porter Memorial Baptist Church's child care expansion, the official meeting and filing schedule for 2009, and the reappointment of Landscape Review Committee members. The board postponed consideration of an administrative appeal by Emergency Disaster Services regarding semi-trailer use in a B-3 zone.

Attendance

The following individuals were present at the meeting on November 21, 2008:

• Peter Brown
• Louis Stout
• James Griggs
• Carolyn Edwards
• Barry Stumbo
• Kathryn Moore
• Jan Meyer
• Jim Hume
• Chuck Saylor
• Jim Gallimore
• Rochelle Boland
• Jim Marx
• Barbara Rackers
• Bill Sallee
• Wanda Howard
• Nick Nicholson
• Gary Roland
• Mandy West
• Buddy Hoskinson

No absences or late arrivals were recorded.

Votes and Decisions

A-2008-111: Emergency Disaster Services Zoning Appeal Postponement 5:49 A motion to postpone the zoning appeal regarding semi-trailer display, sale, and storage in the B-3 zone was made by Louis Stout and seconded by Barry Stumbo. The motion passed unanimously with 7 ayes and 0 nays.

V-2008-102: Detached Garage Height Variance at 575 Kingston Road 15:04 A variance to increase the allowable height of a detached garage from 14'8" to 19'11" in the R-1B zone was moved by Louis Stout and seconded by Jan Meyer. The variance passed unanimously with 7 ayes and 0 nays. The following condition was imposed: The detached garage shall not have a kitchen, nor any cupolas, and shall not be used as a dwelling unit.

V-2008-103: Exterior Yard Variance at 2412 Lake Park Road 18:48 A variance to reduce the required project exterior yard from 34 feet to 10 feet for a 7-unit residential building in the R-4 zone was moved by Barry Stumbo and seconded by Louis Stout. The variance passed unanimously with 7 ayes and 0 nays. Four conditions were imposed, including that the building shall be constructed in accordance with the submitted application and site plan, all necessary building permits shall be obtained prior to construction, the existing landscape buffer along the eastern property line and easterly 150' of the northerly property line shall be preserved, and a note regarding the Board's action shall be placed on an amended Final Development Plan.

C-2008-100: Child Care Facility Expansion at 4300 Nicholasville Road 23:02 A conditional use permit to expand the child care facility at Porter Memorial Baptist Church from 90 to 130 children in the R-1D zone was moved by Carolyn Edwards and seconded by Kathryn Moore. The permit passed unanimously with 7 ayes and 0 nays. Four conditions were imposed, including that an occupancy permit be obtained within 30 days, the facility accommodate no more than 130 children ages 3-6 with hours limited to Monday through Friday from 8:45 AM to 4:45 PM, and compliance with Kentucky Cabinet for Health and Family Services requirements.

2009 Meeting & Filing Schedule 24:57 The adoption of the official meeting and filing schedule for 2009 was moved by Louis Stout and seconded by Carolyn Edwards. The motion passed unanimously with 7 ayes and 0 nays.

Landscape Review Committee Reappointment 26:31 The reappointment of members to the Landscape Review Committee was moved by Barry Stumbo and seconded by Carolyn Edwards. The motion passed unanimously with 7 ayes and 0 nays.

Public Comment

Buddy Hoskinson addressed the Board regarding emergency disaster services site and fire safety concerns 27:02. He expressed concern that semi-trailer storage at 801 East New Circle Road blocks emergency access to Spencerian College's west side, potentially endangering safety in case of fire. Hoskinson requested that the Board ensure the issue is addressed before the December 12 meeting.

Appointments

The following individuals were reappointed to the Landscape Review Committee:

• James Griggs
• Louis Hillenmeyer, III
• Richard Weber
• Melissa Stephan
• Mike Cravens

Contested Items

Garage Height Variance and Responsibility for Construction Error

A heated discussion emerged regarding a garage that exceeded the permitted height limits. The core disagreement centered on who bore responsibility for the construction error.

The applicant contended that Building Inspection staff had advised them that height should be measured to the tallest point of the house, including chimneys and cupolas. Based on this guidance, the applicant proceeded with construction.

Building Inspection staff, however, maintained that it was the applicant's responsibility to ensure compliance with height restrictions, regardless of any informal guidance provided. They did not accept that staff direction absolved the applicant of accountability for the variance.

This dispute highlighted a fundamental disagreement about the extent to which applicants could rely on staff interpretations when planning construction, and where liability should rest when such guidance proved incorrect or was interpreted differently than intended.

Emergency Disaster Services - Administrative Appeal on Semi-Trailer Use in B-3 Zone

Agenda Item A-2008-111

This administrative appeal addressed whether semi-trailer display, sale, and storage are permitted uses in a B-3 zone, and whether Emergency Disaster Services' current operations qualify as such permitted uses. 5:14

Staff Recommendation

Staff recommended approval of semi-trailer sale and leasing activities in the B-3 zone but recommended disapproval of storage operations characterized as a truck terminal.

Outcome

The matter was postponed to December 12, 2008, at the applicant's request. No final determination was made at this meeting.

Robert and Michele King - Variance to Increase Detached Garage Height

Variance Request: V-2008-102

The applicants, Robert and Michele King, requested a variance to increase the height of a detached garage in an R-1B zone. The proposed garage height would increase from 14'8" to 19'11". 7:52

Key Speakers: - Robert King - Michelle King - Jim Hume

Staff Recommendation and Rationale:

Staff recommended approval of the variance based on several factors: - The topography of the property created a hardship for the applicants - The proposed design was compatible with the surrounding area - The applicants' prior misunderstanding contributed to the need for the variance

Board Action:

The Board approved the variance request. However, the Board added a condition to the approval: the variance approval prohibited the installation of cupolas on the garage structure.

Outcome: Approved with conditions

Roland Properties, LLC - Variance to Reduce Project Exterior Yard

Case Number: V-2008-103

Applicant: Gary Roland

Request: The applicant requested a variance to reduce the required exterior yard setback from 34 feet to 10 feet for the project.

Basis for Request: The variance was necessitated by a water main obstruction that prevented the applicant from meeting the standard setback requirement.

Staff Recommendation: Staff recommended approval of the variance, determining that the reduction would have minimal visual impact on the surrounding area and that the variance was necessary given the physical constraints presented by the water main.

Board Decision: The Board approved the variance 15:35.

Conditions of Approval: The approval included four conditions, with a key requirement being the preservation of a landscape buffer to mitigate any visual impacts from the reduced setback.

Porter Memorial Baptist Church - Conditional Use Permit for Child Care Expansion

Porter Memorial Baptist Church requested a conditional use permit to expand its child care facility from a capacity of 90 children to 130 children 19:18.

Presentation and Staff Recommendation

Mandy West presented the staff analysis for this conditional use permit application. Staff recommended approval of the expansion based on a review of parking availability, safety considerations, and the church's existing compliance with applicable regulations.

Key Findings

The staff evaluation determined that: - Adequate parking was available to support the expanded facility - Safety requirements could be met with the proposed expansion - The church had demonstrated compliance with existing regulations

Board Action

The Board approved the conditional use permit for the child care expansion. The approval included conditions addressing: - Capacity limits for the expanded facility - Operating hours for the child care program - Compliance with state requirements

The conditional use permit allows Porter Memorial Baptist Church to proceed with expanding its child care operations to serve up to 130 children, subject to the conditions imposed by the Board.

Official Meeting and Filing Schedule for 2009

24:25

Staff presented the proposed 2009 meeting and filing schedule for Board adoption. Bill Sallee led the presentation of the schedule, which was designed to comply with Board By-Laws requirements.

The Board unanimously approved the proposed 2009 meeting and filing schedule.

Reappointment of Landscape Review Committee Members

25:27

Staff presented a recommendation for the reappointment of current Landscape Review Committee members for another term. Bill Sallee addressed the Board on this matter.

The Board unanimously approved the reappointments of the Landscape Review Committee members, including James Griggs.