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BZA grants rear-setback variance for Rogers property on Old Hickory Drive
Summary
Warrick County BZA approved a variance allowing Martin Brothers Construction to replace an existing deck within a 25-foot rear setback at 3333 Old Hickory Drive, subject to permits and standard conditions; notice to adjoining property owners had a mailing error noted in staff report.
The Warrick County Board of Zoning Appeals approved Variance BZA-BD-25-15 to allow replacement of a deck within a 25-foot rear building setback at 3333 Old Hickory Drive, in Old Hickory Estates 2.
Cougar Martin of Martin Brothers Construction, representing owners Marilyn J. and Michael K. Rogers, told the board the project replaces an existing deck and will remain within the current footprint. "We're just replacing the existing deck with a new deck," Martin said. He said the new deck will be composite material rather than the treated wood currently in place and will remain roughly the same height (about 20 to 24 inches) above grade.
Planning staff reported an error on the mailed notice to adjoining property owners: one notice incorrectly listed the east side of Old Hickory Drive rather than the west side, and one owner's name (Michael) was omitted. Staff also confirmed white receipt cards showing the notices were mailed. A complainant's email about the notice was included in the board packet.
Board member Mike Mason read findings of fact supporting the variance, including that the existing deck was a preexisting nonconforming structure and that the request did not expand the footprint. Mason read the standard hardship and minimum-modification findings into the record. The variance includes conditions: obtain an improvement location permit and a building permit, keep the property in compliance with the Warrick County comprehensive zoning ordinance, and ensure utility easements and facilities are in place. The variance expires in six months unless a permit is obtained; the secretary may grant a single renewal for good cause.
No remonstrators appeared at the hearing. A motion to approve the variance was made, seconded and the chair announced the motion carried.
The board record notes the structure is a corner lot with limited backyard depth; the applicant said the new deck will not increase the deck size beyond the existing footprint. The board's motion and findings of fact emphasize that the variance is the minimum necessary modification to preserve a substantial property right and is not intended to provide a profit advantage to the owner.
