The Oldham County Board of Adjustments unanimously approved a 21‑foot rear‑yard setback variance Dec. 18 that will allow construction of a five‑unit apartment complex at 3604 and 3608 West Kentucky Highway 146 in LaGrange, reducing the R4 district minimum rear setback from 25 feet to as little as 4 feet at the narrowest point.

Senior planner Anna Barge told the board the two lots (0.36 acres) were being rezoned from R2/C1 to R4; the Planning Commission recommended the map amendment and development plan on Dec. 9. Under R4 rules the rear‑yard setback is 25 feet, and Barge said the applicant requests a 21‑foot variance to allow the building to sit 4 feet from the rear property line at the narrowest point (11 feet at other points).

The applicant’s representative, Mike Swansberg, and developer Billy Delker argued the variance meets legal standards for a spatial variance: strict application would deprive the owner of a reasonable use of land comparable to surrounding R4 developments—pointing to the Oldham Pointe Apartments across the street—and unique conditions (demolition of prior single‑family homes and construction of the Oldham County Detention Center) mean the site’s context has changed since adoption of the zoning regulations.

Barge also reported correspondence from CSX raising construction‑safety concerns and recommending measures including remaining off CSX right‑of‑way, avoiding track fouling and installing a temporary 6‑foot construction fence. The applicant confirmed willingness to follow CSX recommendations and to incorporate required drainage and stormwater controls in county engineering review.

Board members discussed public‑safety rationales for setbacks and noted the railroad right‑of‑way behind the parcel reduces the risk of a building-to-building fire. One board member asked whether parking setbacks are required; staff replied residential zoning does not impose setbacks for parking lots. Staff also clarified that if the fiscal court (legislative body) denies the pending zoning map amendment, construction cannot proceed even if the variance is approved.

A board member moved to approve the variance, specifying the reduction from 25 to 4 feet (a 21‑foot variance) and conditions that the approval apply only to the Dec. 18 application and that the applicant abide by CSX construction recommendations. The motion was seconded and carried unanimously.

Next steps: the applicant must secure legislative approval for the zoning map amendment and receive building‑level approvals that incorporate the CSX and county engineer conditions before construction begins.