Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on July 31, 2009, at 1:01 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Peter Brown presiding. During the meeting, the board addressed nine agenda items, including approval of minutes, variance appeals, conditional use appeals, and administrative review matters. The board took 15 motions and votes throughout the session and heard 4 public comments. Most agenda items were approved, with one item postponed and several items handled as informational matters.

Attendance

Present: Peter Brown, James Griggs, Carolyn Edwards, Barry Stumbo, Jan Meyer, Jim Hume, Jim Gallimore, Capt. Charles Bowen, Rochelle Boland, Barbara Rackers, Jim Marx, Wanda Howard, Sandra Schryver, William Kevin Murphy, Adam Bradshaw, Tim Haymaker, Clint Abbott, Dick Murphy, Gerald Johnson, Walter May, Kevin Warner, Carmen Duns, Larry Hamilton, David Martin, Mary Rose Martin, Zara Mirzai, Daywon Hong, Salish Babhania, Gail Turner, Mark Seaver

Absent: Louis Stout, Kathryn Moore

Votes and Decisions

Approval of Meeting Minutes 2:44 The Board unanimously approved minutes from the September 26, 2008, February 27, 2009, and June 26, 2009 meetings. Motion by Mr. Stumbo, seconded by Ms. Meyer. Vote: 5-0.

Postponement of A-2009-47 5:56 The Board unanimously postponed the administrative review for Sandra Schryver regarding a fence permit. Motion by Ms. Meyer, seconded by Mr. Stumbo. Vote: 5-0.

Variance V-2009-43: Castine Properties / Lexington Two, LLC 15:05 The Board unanimously approved a variance to reduce setback from 100 feet to 60 feet in the I-1 zone for a storage building. Motion by Ms. Meyer, seconded by Ms. Edwards. Vote: 5-0. The approval includes conditions requiring construction per submitted plans, necessary permits from Building Inspection, potential encroachment agreements, and Traffic Engineering review of parking layout.

Variance V-2009-44: William Kevin Murphy 28:04 The Board unanimously approved a variance to reduce side yard from 1'6" to 1' for roof replacement on a detached garage in the R-2/H-1 zone. Motion by Mr. Griggs, seconded by Ms. Edwards. Vote: 5-0. Conditions include compliance with submitted plans, Building Inspection permits, and Certificate of Appropriateness from the Board of Architectural Review.

Variance V-2009-46: Lexington Habitat for Humanity 33:45 The Board unanimously approved a variance to reduce rear yard from 10 feet to 5 feet to retain an elevated wood deck in the R-2 zone. Motion by Mr. Stumbo, seconded by Ms. Meyer. Vote: 5-0. An amended building permit must be obtained within 30 days.

Variance V-2009-45: David J. and Mary Rose Martin 2:27:49 The Board unanimously denied a variance appeal to reduce side yard from 8 feet to 0 feet to retain a detached carport in the R-1C zone. Motion by Mr. Griggs, seconded by Ms. Meyer. Vote: 5-0.

Conditional Use Permit CV-2009-40: Haymaker Development Co., LLC 1:36:57 The Board unanimously approved a conditional use permit and variances to construct an outdoor theater at 956 Midnight Pass. Motion by Mr. Stumbo, seconded by Ms. Edwards. Vote: 5-0. Extensive conditions include handicap accessibility requirements, shared parking agreements for 200 spaces, Traffic Engineering review, and noise ordinance compliance.

Revocation Hearing C-2002-2: Episcopal Diocese of Lexington 1:28:59 The Board unanimously continued the revocation hearing for 90 days. Motion by Mr. Griggs, seconded by Ms. Meyer. Vote: 5-0.

Revocation Hearing C-2005-53: Fender Funeral Directors 1:42:21 The Board continued the revocation hearing for 60 days with non-use of facility. Motion by Ms. Meyer, seconded by Mr. Stumbo. Vote: 3-1-1. Voting for: Peter Brown, James Griggs, Carolyn Edwards. Voting against: Barry Stumbo. Abstaining: Jan Meyer.

Conditional Use Permit C-2009-36: Gerald Johnson 1:44:10 The Board unanimously approved a conditional use permit for a home occupation (career and finance coaching) in the R-1E zone. Motion by Ms. Edwards, seconded by Mr. Stumbo. Vote: 5-0. Conditions limit appointments to two per day with staggered times and require a Certificate of Occupancy.

Conditional Use Permit C-2009-37: Salish Babhania 2:46:35 The Board unanimously approved a conditional use permit for a home occupation (fitness training) in the R-3 zone. Motion by Ms. Meyer, seconded by Ms. Edwards. Vote: 5-0. Conditions limit training to four sessions per day, restrict hours to 6:00 AM to 7:00 PM, require closed garage doors, and mandate a six-month Board review with neighbor notification.

Conditional Use Permit C-2009-38: Hope Center, Inc. 1:45:52 The Board unanimously approved a conditional use permit to construct and occupy a community center in the I-1 zone. Motion by Ms. Meyer, seconded by Mr. Stumbo. Vote: 5-0. Conditions include Building Inspection permits, Traffic Engineering review of parking and access, and stormwater management plan approval.

Conditional Use Permit C-2009-39: Gail Turner / Get Twisted, Inc. 3:04:48 The Board unanimously approved a conditional use permit for a wine bar with live background music in the B-6P zone, with the deck portion withdrawn. Motion by Mr. Stumbo, seconded by Ms. Meyer. Vote: 5-0. Conditions restrict live music to individual performers between 6:00 PM and 10:00 PM Monday through Saturday and require soundproofing.

Administrative Review A-2009-41: Larry W. Hamilton 1:48:05 The Board unanimously approved an administrative review to construct an additional 648 square foot garage in the R-1C zone. Motion by Ms. Edwards, seconded by Mr. Stumbo. Vote: 5-0.

Administrative Review A-2009-42: Mark Seaver 3:34:00 The Board unanimously approved an administrative review to use a shipping container as an accessory garage in the R-3 zone. Motion by Mr. Stumbo, seconded by Ms. Edwards. Vote: 5-0. The structure will be placed on a permanent foundation and covered with traditional exterior materials.

Public Comment

Four speakers addressed the council during the public comment period:

Rain Garden Installation 3:46:01 John Cobb, a landscape architect, presented a rain garden project designed to manage stormwater runoff, reduce flooding and erosion, and filter pollutants. He highlighted the low maintenance and cost-effective nature of the installation.

Rain Garden Alliance 3:51:09 Kara Binge, coordinator of the Bluegrass Rain Garden Alliance, promoted the organization's mission to help residents build rain gardens. She described the resources and tours the Alliance provides to encourage widespread adoption of rain gardens throughout the community.

Special Event Waste Containers 3:53:36 Richard Boone, Recycling Coordinator, introduced new dual-stream, collapsible waste containers designed for special events. He noted that these containers improve recycling efficiency and reduce labor costs.

Art in Motion Bus Shelters 3:59:05 Yvette Hurt, coordinator for Art in Motion, discussed a public-private partnership initiative to install bus shelters throughout Lexington. She emphasized that the shelters are designed to be both aesthetically pleasing and functional, with the goal of improving the overall public transit experience.

Contested Items

Three items generated significant discussion and disagreement during this meeting:

Variance for David and Mary Rose Martin's Carport

Neighbors opposed the requested variance for a carport, citing concerns about property line encroachment, loss of side yard space, and worry that approval would set a problematic precedent. Despite receiving support from some neighbors, the Board ultimately denied the variance.

Conditional Use for Salish Babhania's Fitness Training

The proposal to operate a fitness training business prompted heated discussion, with neighbors raising concerns about traffic congestion, parking impacts, and child safety given the location in a narrow cul-de-sac. The Board approved the conditional use but imposed a six-month review condition to monitor the actual impacts on the neighborhood.

Deck for Gail Turner's Wine Bar

The Board initially disapproved a deck addition for a wine bar due to conflicts with drive-through access and potential residential disturbance. Following negotiation between the applicant and the Board, the applicant withdrew the deck request. The Board subsequently approved the indoor wine bar use.

Attendance

Chairman Peter Brown called the meeting to order at 1:01 p.m. in the Council Chambers. 0:00

Members Present: - Peter Brown - James Griggs - Carolyn Edwards - Barry Stumbo - Jan Meyer

Members Absent: - Louis Stout - Kathryn Moore

Approval of Minutes

2:44

The meeting proceeded to approve the minutes from three previous meetings. The minutes under consideration were from the following dates:

• September 26, 2008
• February 27, 2009
• June 26, 2009

Mr. Stumbo made a motion to approve these minutes, and Ms. Meyer seconded the motion. The minutes were approved unanimously with no objections or discussion noted.

Postponement or Withdrawal of Scheduled Business Items

3:15

Chairman Brown opened the discussion by asking if any appellant wished to request postponement or withdrawal of scheduled business items.

Sandra Schryver requested a one-month postponement of her matter, citing ongoing litigation as the reason for the delay. The postponement request was granted unanimously by the body.

Mr. Paul DeBose was also present during this discussion.

No Discussion Items

11:49

The Board approved several items without discussion, based on staff recommendations. The approved items included:

• V-2009-43
• V-2009-44
• V-2009-46
• CV-2009-40
• C-2009-36
• C-2009-38
• A-2009-41

Key speakers on this agenda item were Ms. Meyer, Mr. Stumbo, and Ms. Edwards.

Outcome: All items were approved.

Transcript or Witnesses

Chairman Peter Brown announced that applicants and objectors could request a transcript and have witnesses sworn in. 0:00

This agenda item was presented as informational in nature, providing procedural guidance to meeting participants regarding their available options for documentation and witness testimony.

Variance Appeals

The Board heard appeals for variances during this agenda item, which included requests from Castine Properties, William Kevin Murphy, Lexington Habitat for Humanity, and David and Mary Rose Martin. 15:38

Key speakers during the discussion included William Kevin Murphy, David Martin, Mary Rose Martin, Mr. Paul DeBose, and Mr. Hume.

The Board considered each variance request and evaluated the circumstances presented by the applicants. The discussion involved examination of whether special circumstances existed that would justify granting the requested variances.

The appeal from David and Mary Rose Martin was denied by the Board. The decision was based on the determination that the applicants had not demonstrated special circumstances sufficient to warrant the variance. The Board also noted concerns about the potential precedent that approving the Martin variance could establish.

The outcomes for the other variance appeals—Castine Properties, William Kevin Murphy, and Lexington Habitat for Humanity—resulted in approval, though specific details regarding the rationale for those approvals are not detailed in the available information.

Conditional Use Appeals

The Board reviewed several conditional use appeals during this agenda item. 1:20:58

Cases Reviewed

The Board considered conditional use appeals for the following applicants: - Haymaker Development - Episcopal Diocese - Fender Funeral Directors - Other applicants

Key Speakers

Tim Haymaker, Dick Murphy, and Clint Abbott participated in the discussion of these appeals.

Outcomes

• Haymaker Development: The Board approved the conditional use appeal with revised conditions.
• Fender Funeral Directors: This case was continued to a future meeting.
• Episcopal Diocese: This case was continued to a future meeting.

Administrative Review

The Board reviewed several administrative appeals during this agenda item. 3:05:20

Cases Reviewed

The Board considered three administrative matters: - Castine Properties appeal - Mark Seaver's shipping container proposal - Larry Hamilton's garage expansion

Mark Seaver's Shipping Container Proposal

Mark Seaver presented his appeal regarding a shipping container proposal. Key participants in the discussion included Mr. Hume and Mr. Marks, along with Seaver himself.

The Board's review focused on the classification of the shipping container under local regulations. The Board made findings that the container qualifies as an accessory structure, which was a central determination in evaluating the proposal's compliance with applicable codes and ordinances.

Outcome

The Board approved Seaver's appeal. The approval was based on the finding that the shipping container meets the definition and requirements for an accessory structure under the relevant regulations.

Board Items

During this agenda item, the Board addressed two matters of business 3:34:39.

Recognition of Retirement

The Board recognized Barry Brock's retirement. Details regarding the nature of this recognition and remarks made were not specified in the available information.

Planning Commission Text Amendment Request

The Board requested that the Planning Commission consider a text amendment to regulate the use of shipping containers as accessory structures. This request was presented by Peter Brown.

Outcome

This item was informational in nature, with no formal action or decision recorded.