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Covington Board of Adjustment approves variance for rear setback and buffer planting at 319 West 20 First Avenue
Summary
The City of Covington Board of Adjustment approved a variance (case 25-10-22) to remove a five-foot rear side setback and to eliminate rear-lot buffer planting requirements for property at 319 West 20 First Avenue after staff said the applicant—s deed and survey disagree on whether a revoked alley is included in the lot.
The City of Covington Board of Adjustment on Monday, Sept. 15 approved a variance (case 25-10-22) to eliminate a five-foot side setback along the rear of a property and to waive rear-lot buffer planting requirements at 319 West 20 First Avenue.
The action affects development standards in Appendix B of the City of Covington code: comprehensive zoning, Part 3 (use districts) section 3.5.15 (Commercial Office/Professional 3.1504 performance standards — rear yard setbacks) and Part 4 (general provisions) section 4.21(o) and Table 4.2.3 (buffer planting requirements for rear lot buffer areas). The board approved the variance on a roll-call vote.
City staff member Rodrigue summarized the background: the neighborhood is in the Division of New Covington, where the original lots within 300-by-300-foot squares were platted as 60-by-140-foot lots with an alley through the center. Rodrigue said the petitioner—s deed and survey differ on whether a revoked alley is part of her lot. Rodrigue said, "She has a survey that shows a fenced alley. She has title to 60 by 150. She has title insurance to 60 by 150. She thought she owned 60 by 150. But she doesn't." Rodrigue told the board the city could not find paperwork showing the alley was formally revoked, although several lots in the square include the alley in their titles.
Rodrigue explained that, if the petitioner—s lot actually includes the 10 feet that would have been the alley (making the lot 60 by 150), the submitted plans would meet setback and other property requirements. Rodrigue also said the alley has been fenced and not used as a public alley for many years: "it's been fenced for at least 15 years and probably for 50 years." The petitioner asked the board to allow her to count that 10 feet when measuring rear setbacks.
After discussion, the board voted to grant the variance. A roll-call vote recorded five "yes" votes: Miss Butler, Mr. Gilley, Mr. Lucas, Mr. Romage and Mr. Huvall. No opposing votes or abstentions were recorded.
The board did not identify a formal motion maker or seconder in the transcript for the variance vote. Meeting minutes recorded that commissioners had previously approved the minutes earlier in the session by motion and roll call.
The case raises a title-verification issue: staff noted the city's records do not show formal revocation of the alley even though physical evidence (a fence) and some titles reflect the alley as part of certain lots. The board's approval allows the petitioner to proceed under the variance as granted; the transcript does not record any further conditions, requirements for title correction, or follow-up steps by staff.
The Board of Adjustment had no additional business and adjourned at the conclusion of the session.
