Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on May 29, 2009, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Chairman Peter Brown presiding. The board considered nine agenda items, taking 10 motions and votes throughout the meeting while hearing six public comments. Of the nine items presented, eight were approved and one was deferred. The approved items included variances and conditional uses for a range of projects: a front yard variance for Broadview Buildings, Inc.; conditional uses for live entertainment and dancing at Club Facilities, LLC; a drive-through bank for Ball & Wright Capital Holding Co., LLC; a columbarium addition for Lexington Cemetery Co.; a visitor and education center for Mary E. Wharton Nature Sanctuary at Floracliff; a church expansion for St. Luke United Methodist Church; family child care operations for Donita K. Hughes; and a drive-through pharmacy for Joy & Associates, Inc. The board deferred action on a conditional use request from Kerry and Tina Ball for a temporary real estate sales office.

Attendance

Present: Peter Brown, Louis Stout, Carolyn Edwards, Barry Stumbo, Kathryn Moore, Jan Meyer, Jim Hume, Barry Brock, Jim Gallimore, Capt. Charles Bowen, W. L. Wilson, Chris King, Bill Sallee, Jim Marx, and Wanda Howard.

Absent: Griggs.

Votes and Decisions

The Board took action on ten items during this meeting, with nine passing and one failing.

C-2002-2: Postponement of Revocation Hearing for Episcopal Diocese of Lexington, Inc. [0:01:20] Motion by Kathryn Moore, seconded by Louis Stout. The postponement of a revocation hearing regarding non-compliance with 2002 conditional use permit conditions was approved unanimously by all six board members: Peter Brown, Louis Stout, Carolyn Edwards, Barry Stumbo, Kathryn Moore, and Jan Meyer.

V-2009-33: Variance for Broadview Buildings, Inc. [0:18:14] Motion by Barry Stumbo, seconded by Carolyn Edwards. Approval of a variance to reduce the front yard from 300 feet to 178 feet in the A-R zone at 3229 Iron Works Pike passed unanimously. The approval includes conditions requiring construction per submitted plans, obtaining necessary permits, providing access via private drive only, and compliance with Department of Health sewage requirements.

CV-2009-31: Conditional Use Permit for Club Facilities, LLC [0:22:01] Motion by Carolyn Edwards, seconded by Jan Meyer. Approval of a conditional use permit and variance to offer live entertainment and dancing at 3256 Lansdowne Drive in the B-1 zone passed unanimously. Conditions include limiting outdoor entertainment to 6:00 PM through 9:30 PM Monday through Saturday, soundproofing requirements, and noise restrictions to protect surrounding residential properties.

C-2009-25: Conditional Use Permit for Ball & Wright Capital Holding Co., LLC [0:30:46] Motion by Jan Meyer, seconded by Barry Stumbo. Approval of a conditional use permit to construct and operate a drive-through bank facility in the P-1 zone at 998 Governors Lane passed unanimously. Conditions require construction per revised site plan dated May 28, 2009, Division of Traffic Engineering review, and storm water management compliance.

C-2009-26: Conditional Use Permit for Lexington Cemetery Co. [0:32:26] Motion by Louis Stout, seconded by Carolyn Edwards. Approval of a conditional use permit to add a columbarium to an existing mausoleum in the A-U zone at 833 West Main Street passed unanimously.

C-2009-27: Conditional Use Permit for Mary E. Wharton Nature Sanctuary at Floracliff [0:35:54] Motion by Jan Meyer, seconded by Kathryn Moore. Approval of a conditional use permit to construct and occupy a visitor/education center in the A-R zone passed with five votes in favor (Carolyn Edwards, Jan Meyer, Kathryn Moore, Louis Stout, Barry Stumbo) and one abstention (Peter Brown).

C-2009-30: Conditional Use Permit for St. Luke United Methodist Church [0:41:41] Motion by Louis Stout, seconded by Barry Stumbo. Approval of a conditional use permit to expand the church and accessory parking in the R-3 zone at 2351 Alumni Drive passed unanimously.

C-2009-28: Conditional Use Permit for Donita K. Hughes [1:23:02] Motion by Louis Stout, seconded by Carolyn Edwards. Approval of a conditional use permit to provide family child care for up to 10 children in the R-1D zone at 668 Lombardy Drive passed with five votes in favor (Peter Brown, Louis Stout, Carolyn Edwards, Barry Stumbo, Kathryn Moore) and one vote against (Jan Meyer).

C-2009-29: Conditional Use Permit for Kerry and Tina Ball [1:59:12] Motion by Kathryn Moore, seconded by Barry Stumbo. Approval of a conditional use permit to establish a temporary real estate sales office in the EAR-1 zone at 2149 Winning Colors Lane failed. The roll call vote resulted in two votes in favor (Louis Stout, Barry Stumbo), two votes against (Peter Brown, Jan Meyer), and two abstentions (Kathryn Moore, Carolyn Edwards).

C-2009-14: Conditional Use Permit for Joy & Associates, Inc. [3:11:07] Motion by Carolyn Edwards, seconded by Jan Meyer. Approval of a conditional use permit to construct and operate a drive-through pharmacy facility in the B-2 zone at 366, 370, 376, and 400 East Main Street passed unanimously.

Public Comment

Six speakers addressed the board on various matters during the public comment period.

Episcopal Diocese of Lexington Compliance

Rev. Bryant Kibbler spoke at 9:11 regarding the Episcopal Diocese of Lexington's compliance status. He revealed that the Diocese had been unaware of 2002 conditions until 2008 and had recently resolved a miscommunication concerning the site plan. Construction was scheduled to begin in June.

Child Care Permit Opposition

Joan Atwell spoke at 1:00:59 in opposition to a child care permit. She expressed concerns about children pulling flowers, throwing rocks, and accessing her yard. She also warned of safety risks posed by dogs and an uncovered pool.

Real Estate Sales Office Opposition

Three speakers opposed a proposed real estate sales office.

Dave Winters spoke at 1:27:03, arguing that the office would cause traffic congestion on narrow streets. He noted that the applicant already operated a second office within the same subdivision.

Sue Winters spoke at 1:35:23 in support of her husband's concerns, stating that parking issues and traffic would negatively impact residents' ability to access their driveways.

Pam Moravik spoke at 1:36:58, contending that a business office in a residential neighborhood is inappropriate. She suggested that the barn site would be a better location for the sales office.

Pharmacy Drive-Through Support

Martha Jenkins spoke at 2:45:48 in support of a pharmacy drive-through proposal. She shared her experience as a former Board of Adjustment chair and urged approval of the project, emphasizing the need for convenience retail in downtown Lexington.

Contested Items

The meeting included three items that generated significant community opposition or heated discussion.

Real Estate Sales Office at 2149 Winning Colors Lane

Neighbors raised concerns about a proposed real estate sales office in their subdivision. The primary issues centered on traffic congestion and the impact of narrow streets in the area. Additional concern was expressed about having a second office of this type within the same subdivision. The disagreement resulted in a tied vote, and no action was taken on the proposal.

Child Care Permit at 668 Lombardy Drive

A neighbor objected to a proposed child care permit, citing multiple concerns about the operation. The objection focused on worries that children using the facility could access the neighbor's yard, as well as concerns about the neighbor's dogs and an uncovered pool on the property. The permit was put to a vote that resulted in a close outcome, with one council member abstaining from the decision.

Pharmacy Drive-Through at 366, 370, 376, and 400 East Main Street

A pharmacy drive-through proposal sparked extensive debate among attendees. The discussion centered on three main areas of concern: traffic impacts, pedestrian safety, and architectural design of the proposed structure. Staff members and the applicants worked extensively throughout the review process to address the concerns raised by the community and decision-makers. Following these efforts to resolve the issues, the proposal was ultimately approved.

Broadview Buildings, Inc. - Variance to reduce front yard from 300' to 178' in A-R zone

17:06

Proposal

Broadview Buildings, Inc. requested a variance to reduce the required front yard setback from 300 feet to 178 feet in the A-R (Agricultural-Residential) zone to construct a single-family residence.

Key Speakers

Michael McCoskey presented the variance request.

Staff Recommendation

Staff recommended approval of the variance based on special circumstances specific to the property, including:

• The location of a former residence on the site
• The presence of underground utilities
• The need to preserve the rural character of the area

Outcome

The Board approved the variance for Broadview Buildings, Inc., allowing the front yard setback to be reduced from the standard 300 feet to 178 feet for the proposed single-family residence construction.

Club Facilities, LLC - Conditional use and variance for live entertainment and dancing

Case Number: CV-2009-31

The Board considered a conditional use permit and variance request for Club Facilities, LLC to offer live entertainment and dancing at a restaurant located in the B-1 zone. 19:50

Key Speakers: - Bruce Simpson - Fred Eastridge - Ron Turner

Outcome: The Board approved the conditional use permit and variance request. The approval included specific conditions designed to minimize potential disturbances to the surrounding area:

• Restrictions on operating hours for the live entertainment and dancing activities
• Requirements for soundproofing measures
• Noise control conditions

These conditions were incorporated into the permit to address concerns about the impact of live entertainment operations on neighboring properties and the community.

Ball & Wright Capital Holding Co., LLC - Conditional use for drive-through bank

23:20

The Board considered a conditional use permit application (C-2009-25) from Ball & Wright Capital Holding Co., LLC for a drive-through bank facility in the P-1 zone.

Key Participants

The discussion involved applicants Jimmy Ball and Steve Wright, along with Board members Richard Murphy, Charles Hite, and Matt Carter.

Proposal and Revision

The applicants submitted a revised site plan that addressed previous concerns regarding access and circulation issues. The Board found this revised proposal to be a better alternative to the initial submission, indicating that the modifications successfully resolved the primary concerns that had been raised during earlier review.

Outcome

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

Lexington Cemetery Co. - Conditional use for columbarium addition

The Board considered a conditional use permit application (C-2009-26) for the Lexington Cemetery Company to add a columbarium to an existing mausoleum located in an A-U zone. 31:54

Dan Scalf presented the item to the Board. Staff analysis found that the proposed columbarium addition would not adversely impact surrounding properties.

The Board approved the conditional use permit for the project.

Mary E. Wharton Nature Sanctuary at Floracliff - Conditional use for visitor/education center

The Board considered a conditional use permit application (C-2009-27) for a visitor and education center at the Mary E. Wharton Nature Sanctuary at Floracliff, located in an A-R zone 33:31.

Charlie Sither presented the application to the Board. The proposal sought approval for a conditional use permit to allow the development of a visitor and education center at the sanctuary.

The applicant agreed to accept conditions on the permit, including limitations on paving and environmental safeguards to protect the natural character of the property. These conditions were designed to minimize the facility's impact on the sanctuary's ecological resources.

The Board approved the conditional use permit, allowing the visitor and education center to proceed with the agreed-upon conditions in place.

St. Luke United Methodist Church - Conditional use for church expansion

Case Number: C-2009-30

Outcome: Approved

The Board considered a conditional use permit application for St. Luke United Methodist Church to expand its building and parking facilities within an R-3 zoned area 38:30.

Presentation and Discussion

Chris Howard presented the application to the Board. The proposal involved expanding the church's existing structure and parking capacity in the residential zone.

Conditions Approved

The Board approved the conditional use permit with the following conditions:

• Landscaping requirements for the expanded areas
• Stormwater management provisions to address drainage and runoff from the expansion
• Traffic design specifications to manage vehicle flow and parking operations

Board Action

The Board granted the conditional use permit, allowing the church to proceed with its expansion project subject to compliance with the approved conditions.

Donita K. Hughes - Conditional use for family child care

Agenda Item: C-2009-28

The Board considered a conditional use permit application for family child care operations at the property of Donita K. Hughes 59:51.

Applicant and Proposal

Donita Hughes presented her application for a conditional use permit to operate a family child care facility. The proposed operation would accommodate a maximum of ten children.

Conditions Approved

The Board approved the conditional use permit with the following conditions:

• Supervision requirements for the child care operation
• Pool safety measures
• Fencing specifications for the property

Outcome

The Board approved the conditional use permit for family child care, subject to the applicant's agreement to comply with the conditions regarding supervision, pool safety, and fencing.

Kerry and Tina Ball - Conditional use for temporary real estate sales office

Kerry and Tina Ball requested conditional use approval for a temporary real estate sales office in an EAR-1 zone 1:59:12.

Application Details

The applicants sought permission to operate a temporary sales office for real estate purposes within an EAR-1 zoned area.

Opposition and Concerns

Neighbors opposed the proposal, citing traffic and parking concerns as primary issues. These concerns were significant enough to influence the Board's consideration of the request.

Board Action

The Board did not take action on the request due to a tie vote. This deadlock resulted in the matter being deferred rather than approved or denied.

Outcome

The conditional use request was deferred, leaving the application unresolved at the conclusion of this meeting.

Joy & Associates, Inc. - Conditional use for drive-through pharmacy

Agenda Item: C-2009-14

Outcome: Approved

The Board considered a conditional use permit application for Joy & Associates, Inc. to operate a drive-through pharmacy in the B-2 zone 2:05:21.

Presentation and Key Speakers

Gary Joy, representing the applicant, presented the proposal along with Kevin Phillips. Rena Wiseman also participated in the discussion.

Application Details

The applicant submitted a revised site plan that addressed concerns related to traffic flow and pedestrian safety. The revised plan demonstrated modifications made in response to Board feedback or staff recommendations regarding the drive-through pharmacy's operational and site design elements.

Board Findings

The Board determined that the proposed drive-through pharmacy constituted a necessary addition to downtown retail services. The revised site plan was found to adequately address the traffic and pedestrian concerns that had been raised during the review process.

Approval

The Board approved the conditional use permit for the drive-through pharmacy operation in the B-2 zone.