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Board approves 11-foot rear-yard setback variance for Victory Lane townhomes in Prospect
Summary
The Oldham County Board of Adjustments approved an 11-foot rear-yard setback variance for a proposed eight-unit Phase 2 on Victory Lane in Prospect, revoking a previously granted conditional use permit for a boat-storage facility as a condition of approval.
The Oldham County Board of Adjustments on Sept. 18 approved a variance to reduce the required rear-yard setback from 25 feet to 14 feet for a proposed phase 2 of townhomes along the 1800 block of Victory Lane in Prospect.
Planner John Hein, with Oldham County Planning and Development Services, told the board the lot is zoned R-4 and that “the required rear yard setback in R-4 zoning district is 25 feet. The applicant's plans propose a 14 foot rear yard setback. Therefore, they are requesting an 11 foot rear yard setback variance.”
The variance applies to a proposed eight-unit addition that would bring the total on the lot to 16 townhomes. Camille Hessen of Heritage Engineering, representing the developer, said the lot tapers and creates a “pinch point” that makes the standard rear setback impractical and argued the requested 14-foot setback aligns with an approved 14-foot landscape buffer: “We are requesting a variance to reduce that rear yard setback by 11 feet ... the proposed reduction will not affect the buffering of the site because it is consistent with the 14 foot landscape buffer.”
A written objection from Catherine Piles was read into the record, raising feasibility concerns about fitting a building, deck, stormwater basin, fencing and required landscape buffer inside the reduced area and warning of potential impacts on adjacent property values. Hein told the board engineering review and stormwater plans remain required during site-plan review if the variance is approved.
Board members discussed alternatives including reducing the number or depth of units, moving units forward, or redesigning footprints. Developer Chad Sprigler said redesigns had been considered but that the proposed unit size (about 1,600 square feet) and need to maintain a consistent streetscape limited options.
A motion to approve OC25-036 found that the variance would not adversely affect public health, safety or welfare, would not alter the character of the vicinity and would not create an unreasonable circumvention of zoning regulations. Conditions recorded by the board require that the variance apply only to the application considered at the Sept. 18 hearing and that the previously granted conditional use permit for a boat storage and repair facility on the parcel be revoked.
The board approved the motion by voice vote; the motion carried with the majority in favor and one recorded dissent.
