Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on June 27, 2008, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Chairman Mike Owens presided over the meeting, which addressed 12 agenda items involving variances and conditional use permits for various properties throughout the city. The board took 13 votes during the session and heard 2 public comments.

Of the 12 cases presented, the board approved 6 requests, postponed 4 cases, and withdrew 1 case. Approved items included a variance for Lucas Hill and Frances Ann Thomas to reduce side yard setback from 10 feet to 5 feet on Wilderness Road; a conditional use permit for Ronald F. Adams to operate a gunsmith home occupation on Severn Way; a conditional use permit for American Avenue Baptist Church to expand parking on Todds Road; a conditional use permit for Brian Yon to construct an open-sided pavilion on Bracel Road; a conditional use permit for First Federal Bank to operate a drive-through facility on Lee's Town Center Way; a conditional use permit for Palumbo Properties to operate a self-service car wash on Lane Allen Road; and a conditional use permit for Keeneland Association to amend a parking plan on Rice Road.

Cases that were postponed included requests from William T. Burke for a front yard setback variance on Providence Lane, Kentucky Easter Seal Society for a hospital addition and parking garage on Versailles Road, CarMax Auto Superstores for interior landscaping variance on Richmond Road, and Worldwide Church of God for increased sanctuary seating on Regency Road. The Pull-A-Part conditional use permit application for an auto salvage yard on Old Frankfort Pike was withdrawn.

Attendance

Present: Mike Owens, Carolyn Edwards, Barry Stumbo, Louis Stout, James Griggs, Joanne Bell, Jim Hume, Barry Brock, Jim Gallimore, Rochelle Boland, Jim Marx, Bill Sallee, Barbara Rackers, Wanda Howard, Richard Murphy, Nathan Billings, Bruce Simpson, Rena Wiseman, Jihad Hallany, Tom Blues, Ronald F. Adams, Kevin Warner, Jason Banks, Danny Harp, and Mr. Pike.

Absent: Kathryn Moore.

Votes and Decisions

Approval of Minutes 9:54 Motion by Barry Stumbo, seconded by Joanne Bell. The minutes from August 31, 2007 and October 26, 2007 were approved unanimously with all six members voting in favor: Mike Owens, Carolyn Edwards, Barry Stumbo, Louis Stout, James Griggs, and Joanne Bell.

V-2008-66: William T. Burke Variance Appeal 11:08 Motion by Carolyn Edwards, seconded by Louis Stout. Postponement of William T. Burke's variance appeal to reduce front yard setback from 30' to 15' on Providence Lane was approved unanimously.

CV-2008-51: Kentucky Easter Seal Society Appeals 12:13 Motion by James Griggs, seconded by Barry Stumbo. Postponement of Kentucky Easter Seal Society's conditional use and variance appeals for hospital addition and parking garage on Versailles Road was approved unanimously.

V-2008-67: CarMax Auto Superstores Variance 13:14 Motion by Louis Stout, seconded by Joanne Bell. Postponement of CarMax Auto Superstores' variance appeal to reduce interior landscaping from 4,905 sq ft to 1,860 sq ft on Richmond Road was approved unanimously.

C-2008-33: Pull-A-Part Withdrawal 23:08 Motion by Louis Stout, seconded by Carolyn Edwards. Acceptance of Pull-A-Part's withdrawal of conditional use permit appeal for auto salvage yard on Old Frankfort Pike was approved unanimously.

V-2008-65: Lucas Hill and Frances Ann Thomas Variance 27:27 Motion by Joanne Bell, seconded by Barry Stumbo. Approval of variance to reduce side yard from 10' to 5' on Wilderness Road was approved unanimously. Conditions include completion in accordance with submitted plans for single family residential use only, and obtaining all necessary permits from the Division of Building Inspection prior to construction.

C-2008-57: Worldwide Church of God Appeal 28:32 Motion by Carolyn Edwards, seconded by James Griggs. Postponement of Worldwide Church of God's conditional use appeal to increase sanctuary seating in R-4 zone on Regency Road was approved unanimously.

C-2008-58: Ronald F. Adams Gunsmith Home Occupation 38:03 Motion by Louis Stout, seconded by Barry Stumbo. Approval of conditional use permit for gunsmith home occupation on Severn Way was approved unanimously with multiple conditions including firearm storage requirements, no advertising, no testing or sales on-site, and a maximum of 10 non-owned firearms stored at any time.

C-2008-60: American Avenue Baptist Church Parking Expansion 40:40 Motion by Barry Stumbo, seconded by Carolyn Edwards. Approval of conditional use permit to expand parking lot on Todds Road was approved unanimously with conditions including compliance with Division of Traffic Engineering and Division of Engineering requirements, and implementation of a storm water management plan.

C-2008-61: Brian Yon Pavilion 42:50 Motion by Barry Stumbo, seconded by James Griggs. Approval of conditional use permit to construct a 36x60 open-sided pavilion on Bracel Road was approved unanimously with conditions including obtaining necessary permits and limiting pavilion square footage to allowable expansion not exceeding 5,600 sq ft.

C-2008-62: First Federal Bank Drive-Through 45:00 Motion by Barry Stumbo, seconded by James Griggs. Approval of conditional use permit for drive-through facility on Lee's Town Center Way was approved unanimously with conditions including compliance with Division of Engineering review and approval.

C-2008-63: Palumbo Properties Self-Service Car Wash 58:08 Motion by Barry Stumbo, seconded by James Griggs. Approval of conditional use permit for self-service car wash on Lane Allen Road was approved unanimously with conditions including water recycling requirements, prohibition of commercial vehicles, and environmental compliance.

C-2008-64: Keeneland Association Parking Plan Amendment 1:00:54 Motion by Louis Stout, seconded by Carolyn Edwards. Approval of conditional use permit to amend previously approved parking plan on Rice Road passed with 4 votes in favor (Carolyn Edwards, Barry Stumbo, Louis Stout, James Griggs) and 2 abstentions (Mike Owens, Joanne Bell).

Public Comment

Two public comments were made during the meeting.

Continuing Education and Legal Updates

1:04:45 Mike Owens suggested that the board review the 2008 Law Review, specifically recommending attention to the case *Nassar Jewelers, Inc. v. City of Concord, New Hampshire*. He indicated that this case may be relevant to future billboard cases and zoning trends.

Recognition of Service

1:05:49 Mike Owens expressed gratitude for Joanne Bell's eight years of service on the Board. He highlighted her contributions to stormwater management and noted her role in improving community understanding of related issues.

Contested Items

The June 27, 2008 meeting included two items where the Board engaged in substantive debate before reaching resolution.

Legal Standing of Pull-A-Part's Application

The Board debated a procedural question regarding Pull-A-Part's application: whether to accept a withdrawal or deny the application based on the applicant's lack of legal right to the property following lease termination. This dispute centered on the proper course of action when an applicant's legal standing to proceed became questionable. The applicant ultimately withdrew the application, resolving the procedural dispute without requiring the Board to rule on the standing question itself.

Firearm Storage Conditions for Home Occupation

The Board experienced a split vote regarding conditions for a home occupation involving firearm storage. The central disagreement concerned whether a proposed 10-firearm limit would apply to the applicant's personal collection or only to firearms not owned by the applicant. After debate, the Board adopted a revised condition that limited only non-owned firearms, thereby excluding the applicant's personal collection from the numerical restriction. This compromise resolution addressed the Board's concerns about firearm storage while clarifying the scope of the limitation.

William T. Burke - Variance to reduce front yard setback from 30' to 15' on Providence Lane

Case Number: V-2008-66

Overview

This agenda item concerned a variance request by William T. Burke to reduce the front yard setback requirement from 30 feet to 15 feet on a property on Providence Lane. 11:08

Discussion and Action

Richard Murphy, representing the applicant, requested a one-month postponement of the variance hearing. The postponement was requested due to the client's recent surgery.

No opposition to the postponement was raised during the meeting.

Outcome

The Board unanimously voted to postpone the appeal. The variance request has been rescheduled for consideration at the July 25 meeting.

Kentucky Easter Seal Society - Conditional use and variance for hospital addition and parking garage on Versailles Road

12:13

The Board considered agenda item CV-2008-51 regarding a conditional use and variance request from the Kentucky Easter Seal Society for a hospital addition and parking garage on Versailles Road.

Nathan Billings presented on behalf of the applicant and requested a 30-day postponement of the matter. The postponement was sought to allow additional time to address site plan and access issues related to the proposed project.

No opposition to the postponement request was raised during the meeting.

The Board voted unanimously to grant the postponement. The appeal was rescheduled for consideration at the July 25 meeting, providing the applicant with the requested time to resolve the outstanding site plan and access concerns.

CarMax Auto Superstores - Variance to reduce interior landscaping on Richmond Road

Identifier: V-2008-67

13:14

The Board considered a variance request from CarMax Auto Superstores to reduce interior landscaping requirements on Richmond Road. Rena Wiseman presented the matter on behalf of the applicant.

The applicant requested a one-month postponement of the variance consideration. No opposition to the postponement was raised by the Board or public.

The Board unanimously voted to postpone the appeal to the July 25 meeting.

Pull-A-Part - Conditional use permit for auto salvage yard on Old Frankfort Pike

Case Number: C-2008-33

Overview

The Board considered a conditional use permit application for an auto salvage yard on Old Frankfort Pike. 13:45

Key Participants

The discussion involved Jihad Hallany, Richard Murphy, and Tom Blues.

Proceedings

The applicant requested indefinite postponement of the matter. During the Board's review, a question of legal standing arose related to a lease termination. Following discussion of this issue, the applicant withdrew the appeal.

Outcome

The Board accepted the applicant's withdrawal of the appeal. The conditional use permit application was not approved.

Lucas Hill and Frances Ann Thomas - Variance to reduce side yard from 10' to 5'

Case Number: V-2008-65

Location: Wilderness Road

Overview: The Board considered a variance request from Lucas Hill and Frances Ann Thomas to reduce the required side yard setback from 10 feet to 5 feet on their property on Wilderness Road. 26:18

Presentation and Discussion: Frances Ann Thomas presented the variance request to the Board. Staff recommended approval of the variance, citing the small size of the proposed addition and special foundation circumstances affecting the property as justification for the reduced setback requirement.

Outcome: The Board unanimously approved the variance request. The approval included two conditions imposed by the Board.

Worldwide Church of God - Conditional use to increase sanctuary seating on Regency Road

27:59

The Board considered a conditional use request from Worldwide Church of God to increase sanctuary seating on Regency Road. Staff recommended postponement of the item due to several unresolved concerns.

Key Issues Identified

Staff raised three primary concerns with the proposal:

• Off-site parking distance and adequacy
• Pedestrian access to the facility
• Occupancy load considerations

Outcome

The Board unanimously voted to postpone the item to July 25, 2008, allowing additional time to address the identified concerns before proceeding with the conditional use review.

Ronald F. Adams - Conditional use for gunsmith home occupation on Severn Way

Case Number: C-2008-58

Outcome: Approved with conditions

Staff recommended approval of a conditional use permit for Ronald F. Adams to operate a gunsmith home occupation on Severn Way, subject to 12 conditions. 29:06

The applicant owns over 25 firearms as part of his gunsmith business operations. During the Board's review, discussion focused on security and storage requirements for firearms maintained at the residence.

Key Participants: - Ronald F. Adams (applicant) - Jim Marx - Rochelle Boland - Carolyn Edwards - Louis Stout - Jim Hume

Following discussion of security and storage protocols, the Board approved the conditional use permit with a modification to the staff-recommended conditions. The Board revised one condition to limit the number of non-owned firearms stored at the residence to a maximum of 10, addressing concerns about firearm inventory and security at the home occupation site.

American Avenue Baptist Church - Conditional use to expand parking lot on Todds Road

Case Number: C-2008-60

Presentation and Recommendation

Staff presented a conditional use request for American Avenue Baptist Church to expand its parking lot on Todds Road. Kevin Warner addressed the Board regarding this proposal 39:37.

Staff recommended approval of the conditional use with five conditions attached to the project.

Board Action

No objections were raised during the discussion. The Board unanimously approved the conditional use request.

Conditions of Approval

The approval included five conditions related to: - Design requirements - Permit obligations - Stormwater management

Brian Yon - Conditional use to construct open-sided pavilion on Bracel Road

41:10

Agenda Item: C-2008-61

Presentation and Recommendation

Staff presented a conditional use application for Brian Young to construct an open-sided pavilion on Bracel Road. The staff recommendation was for approval, subject to three conditions.

Applicant Response

The applicant, Brian Young, confirmed his compliance with the conditions imposed by staff.

Board Action

The Board unanimously approved the conditional use permit for the construction of the open-sided pavilion on Bracel Road.

First Federal Bank - Conditional use for drive-through facility on Lee's Town Center Way

43:51

Presentation and Recommendation

Staff presented a conditional use application for First Federal Bank to operate a drive-through facility on Lee's Town Center Way. The staff recommendation was for approval, contingent upon three conditions.

Applicant Response

Jason Banks, representing the applicant, confirmed that First Federal Bank would comply with all three conditions imposed by staff.

Board Action

The Board unanimously approved the conditional use permit for the drive-through facility.

Palumbo Properties - Conditional use for self-service car wash on Lane Allen Road

45:41

The Board considered a conditional use application from Palumbo Properties for a self-service car wash facility on Lane Allen Road.

Staff Recommendation and Conditions

Staff recommended approval of the conditional use with revised conditions addressing water recycling and vehicle size requirements. The applicant agreed to the revised conditions presented by staff.

Key Participants

Dick Murphy and Danny Harp were the primary speakers during discussion of this agenda item.

Board Action

The Board unanimously approved the conditional use application for Palumbo Properties' self-service car wash on Lane Allen Road.

Keeneland Association - Conditional use to amend parking plan on Rice Road

Case Number: C-2008-64

Overview

The Board considered a conditional use request from Keeneland Association to amend a parking plan on Rice Road. 59:50

Staff Recommendation and Applicant Position

Staff recommended approval of the conditional use with five conditions. The applicant agreed to the conditions presented by staff.

Board Action

The Board approved the conditional use request with a vote of 4-0, with two abstentions.

Key Speakers

• Ms. Wiseman