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Oldham County tables request for rear-yard setback variance at 7011 W. Highway 22
Summary
The board tabled a rear-yard setback variance request for a proposed six-unit townhome development at 7011 West Highway 22 after determining the applicant representing an LLC must be represented by counsel; the board will consider the case at a later date.
The Oldham County Board of Adjustments on April 17 tabled a request for a rear-yard setback variance at 7011 West Highway 22 in Crestwood after the board determined the applicant’s representative was not authorized to represent the applicant LLC without counsel.
Planning staff said the application sought a rear-yard variance to allow a 6-unit, two-story townhome-style complex with individual garages on a 0.43-acre parcel zoned R-4. Staff said the required rear-yard setback in R-4 is 25 feet and the applicant requested a variance to 23.48 feet (a difference the planner later corrected in the meeting to 1.52 feet). Staff also noted agency comments: the Kentucky Transportation Cabinet asked the structure be located as far north as possible to maximize separation from Highway 22, and the applicant must submit a downstream facility capacity request to confirm sewer capacity.
An advocate who identified himself as Jonathan Martin said he represented L and M Housing and Development. When the board questioned whether Mr. Martin was legal counsel, a member said corporations and LLCs require representation by an attorney for this proceeding. The applicant stated he was the sole owner of the LLC; the board noted that practice of law and representation rules require an attorney for corporate entities. Board members also noted the applicant’s LLC designation did not appear on the cover page of the submittal, which may have caused confusion.
Given those issues, a board member moved and the board voted to table the item to the next session so the applicant can secure counsel and correct the application paperwork.
The board did not hear the case on its merits at the April 17 meeting.
