Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on August 22, 2008, at 1:01 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Owens presiding. The board considered ten agenda items involving variances, conditional use permits, and appeals related to zoning and property development requests. During the meeting, the board took ten motions and votes and heard four public comments. Of the ten items presented, six were approved, including variances for a sunroom and deck, front yard and side yard variances, and conditional use permits for a community service center and child care facilities. Three items—requests from Carmax Auto Superstores, Inc., Evelyn A. Johnson, and Panagia Pantovasilissa Greek Orthodox Church—were postponed, as was a parking lot expansion proposal from W.D. Thomas New Vine Baptist Church.

Attendance

The following individuals were present at the meeting on August 22, 2008:

• Mike Owens
• Louis Stout
• James Griggs
• Barry Stumbo
• Carolyn Edwards
• Kathryn Moore
• Jim Hume
• Barry Brock
• Jim Gallimore
• Rochelle Boland
• Jim Marx
• Barbara Rackers
• Jimmy Emmons
• Wanda Howard
• Laura Vanatose
• Evelyn A. Johnson
• Phil Moloney
• Ben Zimmerman
• Brian Hill
• Bruce Simpson
• Dick Murphy
• Jack Birch
• Ty Sturtevant
• Bob Birch
• Sarah Richard
• Bonnie Burton
• Leslie Burton
• W.D. Thomas Jr.
• Gay Granville Hoffman
• Timothy Webb Beatty

No absences or late arrivals were recorded.

Votes and Decisions

The Board took action on ten matters during this meeting, with all votes recorded as unanimous.

Postponements

Three items were postponed:

• V-2008-67 4:32: CarMax Auto Superstores, Inc. variance appeal for interior landscaping reduction and relocation, postponed on motion by Louis Stout, seconded by Carolyn Edwards.

• C-2008-74 5:38: Evelyn A. Johnson's conditional use permit appeal for child care center in R-1C zone, postponed on motion by Carolyn Edwards, seconded by Barry Stumbo.

• CV-2008-24 7:49: Panagia Pantovasilissa Greek Orthodox Church conditional use and variance appeals, postponed on motion by Barry Stumbo, seconded by Kathryn Moore.

• C-2008-73 1:38:26: W.D. Thomas New Vine Baptist Church conditional use permit appeal for parking lot expansion, continued on motion by James Griggs, seconded by Barry Stumbo. The applicant must prepare detailed parking lot configuration, final drainage plan, and address landscaping requirements before resubmission.

Variances Approved

• V-2008-40 26:57: Variance for Reverend and Mrs. George Naze to reduce rear yard from 10' to 5.5' and withdraw side yard variance to retain sunroom and deck, approved on motion by Louis Stout, seconded by Barry Stumbo. Conditions include retention per revised site plan of July 30, 2008, compliance with building permits, obtaining necessary encroachment agreements, and completion within three months.

• V-2008-77 28:44: Variance for Ben and Kim Zimmerman to reduce front yard from 50' to 44' for room addition in A-R zone, approved on motion by Barry Stumbo, seconded by Carolyn Edwards. Addition must be completed per submitted plans with all necessary permits obtained.

• V-2008-78 31:35: Variance for Carol E. Jordan to reduce side yard from 6' to 0' for room addition in R-2/H-1 zone, approved on motion by Kathryn Moore, seconded by Louis Stout. Construction must comply with submitted plans and Board of Architectural Review conditions.

Conditional Use Permits and Combined Approvals

• CV-2008-51 41:36: Conditional use permit and variances for Kentucky Easter Seals Society to construct hospital addition and parking garage, approved on motion by Bruce Simpson, seconded by Kathryn Moore. Seven conditions apply, including parking garage width reduction to maintain 25' floodplain setback, storm water management plan implementation, and sanitary sewer capacity study.

• C-2008-76 48:22: Conditional use permit for Russell School Community Service Center to establish community and child development center, approved on motion by Dick Murphy, seconded by Barry Stumbo. Eight conditions apply, including play area expansion to 25 sq ft per child and three-year exercise period.

• C-2008-75 1:10:37: Conditional use permit for Tara Richards to operate family child care for up to 12 children in R1D zone, approved on motion by Louis Stout, seconded by Barry Stumbo. Seven conditions apply, including permit nullification if applicant no longer resides at location and limitation to six children overnight.

Public Comment

Four members of the public provided comments during the meeting.

Bonnie Burton 56:17 spoke in opposition to a proposed child care center in a residential area. She expressed concerns about the applicant's lack of property ownership, potential increases in traffic and noise, and the impact on neighborhood character. She also raised issues regarding parking availability, sewer capacity, and the long-term sustainability of the business.

Leslie Burton 1:05:52 addressed concerns about interactions between children and her small dogs. She expressed worry that children might agitate her dogs, potentially resulting in bites, and suggested that installing a privacy fence could prevent access and mitigate this risk.

Gay Granville Hoffman 1:21:38 spoke in opposition to a church parking lot expansion. She raised concerns about increased stormwater runoff that could cause erosion and flooding on adjacent properties. She expressed doubt that the proposed curb would adequately address the drainage issues.

Timothy Webb Beatty 1:26:33 reported experiencing water runoff from the parking lot that has impacted his yard and caused erosion. He supported extending the curb as a measure to mitigate the runoff problem.

Contested Items

Child Care Center in Residential Area

A proposed child care center in a residential area generated community opposition. Neighbors raised multiple concerns about the project, including questions regarding property ownership, potential traffic impacts, noise levels, and safety considerations. One neighbor specifically expressed concern about the safety risk posed by children agitating pets, citing fear of dog bites. The board addressed these community concerns by imposing additional conditions on the project approval.

Church Parking Lot Expansion

A church parking lot expansion proposal prompted heated discussion between neighbors and the applicant. Neighbors presented strong opposition focused on environmental impacts, specifically stormwater runoff and erosion concerns. Both the applicant and staff acknowledged the validity of these concerns during the meeting. Rather than proceeding to a final decision, the board voted to continue the matter to allow time for plan refinement to address the stormwater and erosion issues raised by the community.

Carmax Auto Superstores, Inc. - Variance for Interior Landscaping Reduction and Relocation

3:30

Carmax Auto Superstores, Inc. requested a variance to significantly reduce interior landscaping requirements and relocate the landscaping to the parking lot. Specifically, the applicant sought to reduce interior landscaping from 4,905 square feet to 1,860 square feet.

Staff Recommendation

Staff recommended disapproval of the variance request. The recommendation was based on three primary concerns:

• Visibility issues with the proposed landscaping reduction
• Lack of unique circumstances that would justify the variance
• Feasibility concerns regarding the plan amendment

Outcome

The request was postponed for one month, allowing for further consideration and potential modifications to the proposal.

Key Participant

Laura Vanatose was identified as a key speaker during the discussion of this agenda item.

Evelyn A. Johnson - Conditional Use Permit for Child Care Center

Case Identifier: C-2008-74

Evelyn A. Johnson applied for a conditional use permit to operate a child care center in an R-1C zoned area 5:07.

Staff Recommendation and Concerns

Staff recommended postponement of the application, citing three primary issues:

• Insufficient notice to affected parties
• Lack of required deed documentation
• Inadequate play area for the proposed child care facility

Outcome

The request was postponed for one month to allow the applicant to address the identified deficiencies and ensure proper notification procedures were followed.

Panagia Pantovasilissa Greek Orthodox Church - Conditional Use and Variance Appeals

Case Identifier: CV-2008-24

Overview

The board considered a conditional use permit and variance appeal for Panagia Pantovasilissa Greek Orthodox Church. The church sought approval for an expansion project and a variance to increase the distance between the church and parking facilities. 7:16

Presentation and Recommendation

Staff recommended approval of the requests subject to conditions. The proposal included plans for the church expansion along with modifications to parking requirements and setback distances.

Key Speaker

Jim Marx presented information regarding this agenda item.

Outcome

The request was postponed. The postponement was necessitated by the need for redesign of the project and re-notice requirements. No final decision was rendered at this meeting.

Reverend and Mrs. George Naze - Variance for Sunroom and Deck

11:11

Reverend and Mrs. George Naze requested a variance to retain a sunroom and deck that had been constructed without the required permits. The applicants sought relief from setback requirements for both the rear yard and side yard.

Staff recommended approval of the rear yard variance while recommending withdrawal of the side yard variance. The side yard variance was not supported due to concerns related to park expansion and safety considerations in that area.

Key speakers during the discussion included Phil Moloney, Jim Marx, and Jim Hume, who presented and deliberated on the variance request.

The board approved the variance with five conditions attached to the approval. These conditions were designed to address the concerns raised during the review process and ensure compliance with applicable regulations going forward.

Ben and Kim Zimmerman - Front Yard Variance

Case Number: V-2008-77

Request: Ben and Kim Zimmerman sought a variance to reduce the required front yard setback from 50 feet to 44 feet to accommodate a room addition to their property.

Presentation: 27:39

Ben Zimmerman presented the variance request on behalf of the applicants.

Staff Recommendation: Staff recommended approval of the variance, citing special circumstances affecting the property and the minimal impact the reduced setback would have on the surrounding area.

Outcome: The variance was approved with two conditions.

Carol E. Jordan - Side Yard Variance

Case Number: V-2008-78

Outcome: Approved

Carol E. Jordan requested a variance to reduce the required side yard setback from 6 feet to 0 feet to accommodate a room addition in the historic district 29:19.

Presentation

Brian Hill presented the staff recommendation for this variance request. Staff recommended approval based on the historic significance of the property and special site constraints that made the standard setback requirement impractical for the proposed addition.

Decision

The variance was approved with three conditions imposed on the project.

Kentucky Easter Seals Society - Conditional Use and Variances

Case Number: CV-2008-51

Overview

The Kentucky Easter Seals Society requested conditional use approval and variances for a hospital addition and parking garage project. 32:11

Presentation and Recommendation

Staff recommended approval of the request, subject to seven conditions. Bruce Simpson presented on this agenda item.

Outcome

The request was approved. The approval included updated conditions, notably incorporating a requirement for a sanitary sewer study as part of the project conditions.

Russell School Community Service Center - Conditional Use Permit

Identifier: C-2008-76

Overview The applicant requested a conditional use permit for a community and child development center at Russell School. 42:21

Staff Recommendation Staff recommended approval of the conditional use permit with eight conditions.

Key Participants Dick Murphy was a key speaker on this agenda item.

Outcome The request was approved. The approval included a three-year exercise period and additional conditions beyond those originally recommended by staff.

Tara Richards - Family Child Care Conditional Use

Case Identifier: C-2008-75

Overview The applicant sought a conditional use permit to operate a family child care facility serving up to 12 children. 49:30

Key Speakers - Sarah Richard - Bonnie Burton - Leslie Burton

Staff Recommendation and Outcome Staff recommended approval of the conditional use with conditions. The request was ultimately approved by the body, with additional conditions imposed regarding residency requirements and fence coverage.

Decision The conditional use permit for family child care was approved with conditions.

W.D. Thomas New Vine Baptist Church - Parking Lot Expansion

Case Identifier: C-2008-73

Type: Zoning Appeal

W.D. Thomas New Vine Baptist Church requested a conditional use permit to expand its parking lot. 1:11:46

Key Participants: - W.D. Thomas Jr. - Gay Granville Hoffman - Timothy Webb Beatty

Staff Recommendation and Concerns:

Staff recommended continuance of the request rather than approval at this time. The recommendation was based on unresolved drainage and engineering concerns that required further development and clarification before the application could proceed.

Outcome:

The request was postponed. The church was given three months to develop a detailed plan addressing the drainage and engineering issues identified by staff. This continuance period would allow the applicant to work with engineers and resolve the technical concerns before the matter returned for reconsideration.