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Oldham County OKs 11-foot rear-yard setback variance for Victory Lane townhomes in Prospect
Summary
The Oldham County Board of Adjustments on Sept. 18 approved an 11-foot rear-yard setback variance for a proposed phase 2 of Oldham County Townhomes on Victory Lane in Prospect, with conditions including revocation of a prior conditional-use permit for boat storage on the lot and usual site-plan and stormwater engineering requirements.
Oldham County Board of Adjustments and Appeals approved a variance on Sept. 18 allowing a reduction of the required 25-foot rear-yard setback to 14 feet for a proposed eight-unit addition to an existing townhome development on the 1800 block of Victory Lane in Prospect.
The variance, OC25‑036, was requested by PYC LLC as the owner and presented by Heritage Engineering. County planner John Hein told the board the R‑4 zoned 1.046‑acre lot previously received a 2004 conditional‑use permit (CUP) for a boat storage and repair facility; the current application would allow phase 2 of Oldham County Townhomes to add eight units, bringing the total to 16.
John Hein, Oldham County planner: “Section 090‑020 of the comprehensive zoning ordinances states that the required rear yard setback in R‑4 is 25 feet. The applicant proposes a 14‑foot rear yard setback. Therefore, they are requesting an 11‑foot rear yard setback variance.”
Camille Hessen of Heritage Engineering, speaking for the developer, described the lot as tapered, creating a “pinch point” that makes a consistent alignment with phase 1 difficult without the requested encroachment. “We are requesting a variance to reduce that rear yard setback by 11 feet,” Hessen said, adding the applicant’s landscape plan shows planting and a six‑foot privacy fence along the rear lot line and that the proposed 14‑foot setback aligns with the approved 14‑foot landscape buffer.
The board received a written opposition from Catherine (Kathy) Piles, who raised feasibility concerns about fitting a deck, stormwater retention basin, fencing and required landscaping into the reduced setback and noted recent sales data suggesting declining prices adjacent to phase 1. The letter asked whether the developer could move units 10 feet forward toward the road instead of seeking a variance.
Board members discussed alternatives including building fewer units or redesigning unit footprints. One board member said, “I’m not too fond about… there’s just not enough room,” while another said county housing needs and design cohesion weighed in favor of approval. The applicant agreed to complete stormwater engineering as part of site‑plan review; staff confirmed that any disturbance over one acre requires review by the county engineer and a stormwater/erosion control plan.
A motion to approve OC25‑036 found that the variance would not adversely affect public health, safety or welfare and would maintain a cohesive streetscape given the lot’s shape. The board attached two conditions: the variance applies only to the plan considered at the Sept. 18, 2025 hearing, and the previously granted CUP for boat storage and repair shall be revoked. The motion carried (vote recorded as 4 yes, 1 no).
With approval, the developer must still submit detailed site and engineering plans and obtain required stormwater approval and building permits before construction begins.
