Planning commission upholds BOAR approval for 115 Penmoken Park addition, denies neighbor appeal 6-1

The Lexington‑Fayette Urban County Planning Commission denied a neighbor’s appeal of a Board of Architectural Review certificate of appropriateness for a rear addition at 115 Penmoken Park, upholding the BOAR decision by a 6‑1 vote July 24.

Planning staffer Daniel Crone told the commission the matter before them was “an appeal to the decision of the B.O.A.R. regarding the property at 115 Penmoken Park,” and that the commission’s role was to review whether the BOAR erred in applying the local historic preservation guidelines. The addition at issue was built without permits around the winter holidays and later submitted to BOAR; BOAR approved the modified design at its April hearing by a 3‑1 vote.

Why it matters: the property sits inside the Pensacola Park H1 historic overlay; the case tested how strictly the commission and BOAR must enforce guideline language that uses “should” (advisory) rather than “shall” (mandatory). Preservation staff argued the addition still failed key guidance (notably a 12‑inch recommended step‑back and roofline separation) but BOAR members found conditions and design changes sufficient to differentiate old from new.

Most important facts - The addition was constructed without building permits;…