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Erlanger board approves variance for Dixie Highway building addition
Summary
On March 24, 2025, the Erlanger Board of Adjustment voted 4-0 to approve a variance allowing Tape Building Supply to build a 1,168-square-foot raised addition 2 feet from the side property line at a Dixie Highway store, where the Neighborhood Commercial zone requires a 10-foot side yard setback if any setback is provided.
The Erlanger Board of Adjustment on March 24, 2025, approved a variance allowing Tape Building Supply, LLC to add a 1,168-square-foot raised product display deck to an existing building at 3511 Dixie Highway that will sit 2 feet from the side property line, where the Neighborhood Commercial (NC) zoning rules require a 10-foot side yard setback if any setback is provided. The board voted 4-0 to approve the variance.
City staff recommended approval after a presentation explaining the request and the site's context. Cody Sheets, associate planner with Kenton County PDS, told the board the property is about 2.25 acres and is currently occupied by a building-materials supply store. The applicant proposes a 16-by-73-foot (1,168-square-foot) raised product display deck with a 5-foot wall, a 1-foot-4-inch precast wall cap, and a 5-foot aluminum guardrail with a locked gate for product placement and removal. The addition would be 2 feet from the side lot line.
Sheets summarized recent zoning changes that affect the request: building-material sales were added as a permitted use in the NC zone by a text amendment the city submitted on Dec. 5, 2024, that received a favorable recommendation from the Kenton County Planning Commission and was approved by the city on Feb. 4, 2025. He noted that while the NC zone allows a 0-foot setback, the ordinance specifies that "if any setback is provided, it must be a minimum setback of 10 feet," and identified Section 4.05 C(7) of the Erlanger Zoning Ordinance, which requires material-storage areas to be screened by a building or a six-foot solid evergreen hedge.
Staff concluded the proposed deck would function as a showroom extension rather than an unscreened outdoor storage area and that the height of the deck walls, given the deck elevation, would meet screening expectations. On the question of hardship, staff found strict application of the 10-foot setback would either require the deck to be placed directly on the property line (potentially encroaching on adjacent property) or would reduce the useful display area to a very narrow porch, creating an unnecessary hardship for the property owner. Based on those findings, staff recommended approval.
Bill Owens, representing Tate Builders Supply and stating he is the property owner for the last seven years, spoke in support of the variance and said the work would improve the western elevation of the building. "Thank you very much for considering it, and we hope it works out," Owens said.
A board member moved to approve the variance based on the staff report and testimony at the hearing; Eric Rolfe seconded. The board then took a roll call: Terry Farrow (yes), Eric Rolfe (yes), John McVay (yes) and Bob Whalen (yes). The motion passed 4-0.
After the vote the board closed the public hearing portion of the meeting. No rehearings or preliminary hearings were scheduled, staff reported no items pending for the next month, and the board adjourned.
Votes at a glance: BOA 24047351 — Variance to reduce side yard setback to 2 feet for a 1,168-square-foot raised display deck at 3511 Dixie Highway. Motion approved 4-0.
