Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on October 31, 2008, at 1:01 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Jim Griggs presiding. The board considered 12 agenda items, including variance appeals, conditional use permits, and a one-year review. During the meeting, the board took 14 motions and votes and heard 8 public comments.

Of the 12 items on the agenda, 8 were approved, 3 were postponed, and 1 outcome was recorded. Approved items included variance appeals for Calvin D. Gulley and Daniel R. Violet, as well as conditional use permits for BOL Land Acquisition Co., LLC; Hurricane Hall Farms, LLC; Hope Springs Community Church; Immanuel Baptist Church; Beaumont Park Townhomes, LLC; and Fasig-Tipton Company. The board also approved a one-year review for Hardwood Holdings. Items postponed to a future meeting were the Panagia Pantovasilissa Greek Orthodox Church's conditional use and variance appeal, CarMax Auto Superstores, Inc.'s variance appeal, and Vulcan Lands, Inc.'s conditional use permit.

Attendance

Present: Jim Griggs, Peter Brown, Carolyn Edwards, Kathryn Moore, Jan Meyer, Jim Hume, Barry Brock, Jim Gallimore, Rochelle Boland, Jim Marx, Barbara Rackers, Wanda Howard, Scott Pennington, Nick Nicholson, Calvin Gulley, Joe Champa, Nick Champa, Steve Ruschell, Sam Carneal, David Calhoun, Kelly Hale, Richard Hopgood, Andy Holmes, John Miller, Bill Peterson, Bob Wiseman, Steve Austin, Jim DeSink, Dr. Kott Unrug, Braden Lusk, Steve Gardner, Craig Morgan, Ernie Ellison

Absent: Louis Stout, Barry Stumbo

Late: None reported

Votes and Decisions

Chair Election 8:27 Peter Brown was elected Chair of the Board of Adjustment. The motion was made by Carolyn Edwards and seconded by Jan Meyer. The voice vote passed with one abstention. Those voting in favor were Jim Griggs, Peter Brown, Carolyn Edwards, Kathryn Moore, and Jan Meyer.

Approval of Minutes 9:36 Minutes from September 28, 2007; August 22, 2008; and February 29, 2008 were approved by voice vote. The motion was made by Carolyn Edwards and seconded by Jim Griggs. All five board members voted in favor with no abstentions.

Case CV-2008-24: Panagia Pantovasilissa Greek Orthodox Church 16:17 The appeal for a conditional use permit and variance was postponed by roll call vote, 4-1. Voting in favor of postponement were Peter Brown, Carolyn Edwards, Kathryn Moore, and Jan Meyer. Jim Griggs voted against postponement.

Case V-2008-67: CarMax Auto Superstores 17:49 The appeal for a variance to reduce interior landscaping was indefinitely postponed by voice vote. The motion was made by Kathryn Moore and seconded by Jan Meyer. All five board members voted in favor.

Case V-2008-99: Calvin D. Gulley 23:23 A variance to reduce front yard setback from 40 to 30 feet for an elevated covered porch was approved by voice vote. The motion was made by Carolyn Edwards and seconded by Kathryn Moore. All five board members voted in favor. Conditions included that the porch be retained in accordance with the submitted application and site plan, and that functional railings be maintained in accordance with Division of Building Inspection requirements.

Case C-2005-138: Hardwood Holdings 28:36 Deletion of conditions 1, 2, 4, 5, 6, 8, and 12 from the one-year review was approved by voice vote. The motion was made by Jim Griggs and seconded by Carolyn Edwards. All five board members voted in favor.

Cases C-2008-91 through C-2008-97 and V-2008-98 [timestamps: 0:30:47 through 1:02:57] Seven additional conditional use permits and one variance were approved by voice vote with all five board members voting in favor and no abstentions. These included permits for BOL Land Acquisition Co., LLC (bank drive-through), Hurricane Hall Farms, LLC (horse training facility), Hope Springs Community Church (expansion), Immanuel Baptist Church (child care facility), Beaumont Park Townhomes, LLC (temporary sales office), Fasig-Tipton Company (office building with mezzanine), and Daniel R. Violet's variance for a storage shed.

Case C-2008-95: Vulcan Lands, Inc. 2:42:01 The conditional use permit for underground mining operations was postponed by roll call vote, 2-2 with one abstention. Jim Griggs and Carolyn Edwards voted in favor. Peter Brown and Kathryn Moore voted against. The motion was made by Carolyn Edwards and seconded by Jim Griggs.

Public Comment

Eight speakers provided public comment on various matters before the board.

Requests for Postponement

Scott Pennington requested a continuance to December 12, 2008 for the Panagia Pantovasilissa Greek Orthodox Church appeal 10:41. He cited the need to address traffic engineering issues and revise plans due to significant changes since the original submission.

Nick Nicholson requested indefinite postponement of the CarMax appeal 17:18, citing uncertainty about resolving landscaping issues and noting repeated postponements without progress.

Compliance and Project Updates

Joe Champa provided an update on Hardwood Holdings' review 25:10, reporting that the facility is in compliance with all conditions and has had no violations or complaints since the last inspection.

Mining Application and Land Exchange Support

Richard Hopgood spoke in support of Vulcan Lands, Inc.'s mining application 1:04:05, stating that the applicant has worked extensively with the Royal Spring Aquifer Committee and that there is no opposition due to thorough due diligence and cooperation.

Steve Austin expressed support for the Legacy Trail connection 1:32:40, emphasizing its importance to the Kentucky Horse Park and the East End neighborhood and its historical and community significance.

Bill Peterson confirmed the University of Kentucky's support for the land exchange 1:35:56, noting the university supports expanded equine research and is in favor of the mining application.

Concerns Raised

Jim Griggs expressed concern about the absence of formal opposition to the Vulcan Lands case 1:59:12 and shared historical context from a similar 1989 case involving Vulcan Materials and Elk Lake Creek.

Ernie Ellison, representing the State Wellhead Protection Program 2:31:10, stated that the state has no legal authority to approve or deny the application but urged caution due to the risk of impacting the Royal Springs aquifer, particularly given the area's karst geology.

Appointments

The following appointment action was taken during this meeting:

• Peter Brown was reappointed to the Board of Adjustment.

Contested Items

Vulcan Lands, Inc. Mining Application

A mining application from Vulcan Lands, Inc. generated heated discussion among board members during the meeting. The central point of contention involved environmental risks to the Royal Springs aquifer, a major water source that would potentially be affected by the proposed mining operation.

The debate reflected a fundamental disagreement about the appropriate standard of proof for approval. While expert testimony and committee support favored the application, several board members raised concerns about the decision-making process. Specifically, these members noted the lack of formal opposition on record and questioned whether the existing burden of proof was sufficient to adequately protect the aquifer from adverse impacts.

The disagreement centered on how to balance the mining project against environmental safeguards—particularly whether current standards provided adequate assurance that a critical water resource would not be compromised by the proposed activity.

Panagia Pantovasilissa Greek Orthodox Church - Conditional Use and Variance Appeal

Case Number: CV-2008-24

Discussion Summary:

The Panagia Pantovasilissa Greek Orthodox Church sought approval for a conditional use permit to expand its church facility and a variance to increase the distance between the church and required parking 10:41.

Staff recommended approval of both requests, citing minimal neighborhood impact and special circumstances that supported the variance. The analysis indicated that the proposed expansion and parking variance would not create significant adverse effects on surrounding properties.

Key Speakers and Actions:

Scott Pennington and Jim Griggs were the primary speakers during the discussion of this agenda item.

The applicant requested a continuance of the matter to allow time to revise the proposed plans. Rather than proceeding with a decision on the merits, the applicant sought to postpone the hearing to December 12, 2008.

Outcome:

A motion to postpone the matter passed by a vote of 4-1. The case was continued to December 12, 2008, allowing the applicant additional time to modify and refine the expansion and variance plans before returning for further consideration.

CarMax Auto Superstores, Inc. - Variance Appeal

Identifier: V-2008-67

CarMax Auto Superstores, Inc. requested a variance to reduce interior landscaping requirements for an automobile display lot. 17:18

Staff Recommendation

Staff recommended disapproval of the variance request. The primary concerns centered on the visual impact of reducing landscaping and the absence of unique circumstances that would justify granting the variance.

Applicant Position

Nick Nicholson represented the applicant and requested indefinite postponement of the variance appeal, citing unresolved issues that needed to be addressed before proceeding.

Outcome

The motion to postpone the matter indefinitely passed unanimously. The variance appeal was not decided at this meeting and remains pending resolution of the outstanding issues identified by the applicant.

Calvin D. Gulley - Variance Appeal

Case Number: V-2008-99

Calvin D. Gulley presented a variance appeal to reduce the front yard setback requirement to accommodate an elevated covered porch on his property 22:21.

Presentation and Recommendation

Staff reviewed the variance request and recommended approval. The recommendation was based on minimal impact to surrounding properties and special topographic circumstances affecting the property that justified the setback reduction.

Public Comment

No objectors were present to speak against the variance appeal.

Outcome

The variance appeal was approved by unanimous motion.

Hardwood Holdings - One-Year Review

24:39

The Board reviewed the one-year conditional use permit for Hardwood Holdings, a sports bar/café operation. This review was conducted to assess compliance with the conditions imposed when the permit was originally granted.

Staff Report and Findings

Staff reported that no violations had been identified during the review period. The operator demonstrated full compliance with all conditions attached to the conditional use permit.

Key Speakers

The discussion involved Joe Champa, Jim Hume, and Barbara Rackers.

Board Action

Based on the favorable compliance report, the Board approved the deletion of several conditions from the permit. The Board determined that no further reviews would be necessary going forward.

Outcome

The conditional use permit review was approved. Hardwood Holdings' one-year performance was deemed satisfactory, and the streamlined permit conditions reflect the operator's demonstrated ability to maintain compliance with municipal requirements.

BOL Land Acquisition Co., LLC - Conditional Use Permit

Case Number: C-2008-91

BOL Land Acquisition Co., LLC appealed for a conditional use permit to operate a bank drive-through facility in a Community Center zone 30:47.

Presentation

Steve Ruschell presented the application to the board. Staff recommended approval of the conditional use permit subject to five conditions.

Public Input

No objectors were present to speak against the proposal.

Action

The motion to approve the conditional use permit passed unanimously.

Hurricane Hall Farms, LLC - Conditional Use Permit

Case Number: C-2008-92

Hurricane Hall Farms, LLC applied for a conditional use permit to operate a horse training facility in an Agricultural Rural zone 32:31.

Presentation and Recommendation

Staff presented the application and recommended approval of the conditional use permit subject to two conditions. Sam Carneal was the key speaker during this agenda item.

Public Input

No objectors were present at the meeting to voice concerns about the proposed horse training facility.

Action Taken

The motion to approve the conditional use permit passed unanimously.

Hope Springs Community Church - Conditional Use Permit

Identifier: C-2008-93

Hope Springs Community Church applied for a conditional use permit to expand its operations into an additional building located in a Wholesale and Warehouse Business zone.

Presentation

David Calhoun presented the application to the board. Staff reviewed the request and recommended approval of the conditional use permit, subject to three conditions.

Public Input

No objectors were present at the meeting to voice concerns about the proposed expansion.

Outcome

The motion to approve the conditional use permit passed unanimously. The permit was granted with the three staff-recommended conditions attached.

Immanuel Baptist Church - Conditional Use Permit

Case Number: C-2008-94

Presentation 35:45

Immanuel Baptist Church appealed for a conditional use permit to establish a child care facility in a Single Family Residential zone. Kelly Hale presented the item to the board.

Staff Recommendation

Staff recommended approval of the conditional use permit with four conditions attached to the permit.

Public Input

No objectors were present at the meeting to speak against the proposal.

Outcome

The motion to approve the conditional use permit passed unanimously.

Vulcan Lands, Inc. - Conditional Use Permit

Case Identifier: C-2008-95

Vulcan Lands, Inc. appealed for a conditional use permit to conduct underground mining operations in an Agricultural Rural zone 1:04:05.

Presentation and Support

The applicant presented extensive technical reports supporting the proposed mining operations. The University of Kentucky and the Legacy Trail provided support for the project. The Royal Spring Aquifer Committee and state representatives expressed cautious support for the conditional use permit application.

Key Speakers

The discussion involved the following participants: - Richard Hopgood - Jim DeSink - Dr. Kott Unrug - Braden Lusk - Steve Gardner - Ernie Ellison

Outcome

The Board failed to act on the application due to a tie vote. The case was postponed to November 21, 2008, for further consideration.

Beaumont Park Townhomes, LLC - Conditional Use Permit

Identifier: C-2008-96

Beaumont Park Townhomes, LLC appealed for a conditional use permit to operate a temporary real estate sales office within a Planned Neighborhood Residential zone [0:38:28].

Presentation

Andy Holmes presented the request to the board. Staff recommended approval of the conditional use permit with four conditions attached to the permit.

Public Input

No objectors were present at the meeting to speak against the proposal.

Outcome

The motion to approve the conditional use permit passed unanimously.

Fasig-Tipton Company - Conditional Use Permit

Case Number: C-2008-97

Presentation: 40:20

Fasig-Tipton Company appealed for a conditional use permit to construct an office building with a mezzanine expansion. John Miller presented the application.

Request and Staff Action

The applicant requested a minor revision to the square footage of the proposed project. Staff reviewed the requested change and approved it.

Public Comment

No objectors were present at the meeting to voice concerns about the conditional use permit.

Outcome

The motion to approve the conditional use permit passed unanimously.

Daniel R. Violet - Variance Appeal

Identifier: V-2008-98

Daniel R. Violet appealed for a variance to reduce the front yard setback requirement from 30 feet to 6.5 feet for a storage shed on his property. 1:00:50

Presentation

The applicant presented a detailed history of his cooperation with the city and community throughout the variance process. Violet demonstrated his commitment to working within local regulations and maintaining positive relationships with municipal authorities and neighbors.

Key Speakers

• Daniel R. Violet (applicant)
• Mark Hanks

Outcome

The Board approved the variance unanimously, allowing the reduced front yard setback of 6.5 feet for the proposed storage shed.