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Oldham County approves side-yard variance at Clore Lake Road with stormwater condition
Summary
The board granted a 2.25-foot variance for a home at 6609 Clore Lake Road in Crestwood but required the applicant to submit and implement a county‑reviewed stormwater mitigation plan.
The Oldham County Board of Adjustments and Appeals on June 19 approved a variance allowing part of an already constructed house at 6609 Clore Lake Road in Crestwood to remain 4.75 feet from the side property line (a 2.25‑foot encroachment), contingent on a county‑engineer‑reviewed stormwater mitigation plan.
Anna Barge, senior planner with Oldham County Planning, told the board the lot is 0.397 acres in the R‑2 Residential district and that an April 24 stop‑work order had been issued after code enforcement cited an unpermitted retaining wall and construction encroaching into the required side yard setback. "The required side yard setback is 7 feet," Barge said. "The requested side yard setback is 4.75 feet, and the variance requested is 2.25 feet." She also noted a typo in the staff report that had incorrectly listed the variance; the correct figure is 2.25 feet.
The applicant's attorney, Tanner Nichols of Louisville, said a survey error in the recorded subdivision plat produced the bearing mistake that placed the home into the setback. "This was not done intentional to circumvent the rules… It was just a pure mistake," Nichols told the board. The project's surveyor, Daniel Hale, testified the record plat in Plat Book 6, Slide 87 contained a four‑and‑a‑half‑degree bearing error that produced the offset.
Opponents, represented in the hearing by Andrea Murphy on behalf of neighbors Anthony and Mrs. Kerlin, documented construction damage, stormwater runoff during construction and alleged trespass by subcontractors. Murphy asked the board to deny the variance unless specific remediation and protective measures were imposed. Murphy described stormwater flowing toward the neighbor's garage and showed photos of damaged fencing and construction debris.
Board members discussed whether the damage and trespass claims were distinct enforcement matters separate from the variance request. Jim Silliman, Oldham County engineer, said the slope of the lots contributes to runoff and that a small swale or other mitigation could guide water to the street. Silliman noted the county has limited jurisdiction over private property absent a drainage easement but said his office could review a mitigation plan.
The board approved the variance with conditions: (1) the variance applies only to the application heard June 19; and (2) the applicant shall submit a stormwater mitigation plan to Oldham County Engineering for review and implement the approved measures to address water currently flowing onto the neighbor's property. The applicant (Bowman Consulting, representing the property owner) accepted the condition on the record.
Board members stressed that remaining issues — repairs for prior damage, trespass and HOA fencing rules — are separate civil or enforcement matters and not dispositive to the limited setback question before the board.
