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Board approves multiple setback variances for rebuild at 314 Second Street
Summary
The board approved front, rear and side setback variances for 314 Second Street, allowing a rebuilt two-story house substantially similar to the previous footprint with adjusted setbacks to avoid fire-rating requirements and to fit the small lot.
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The Midway Board of Adjustment approved a package of setback variances that will allow the reconstruction of a house at 314 Second Street with modest footprint adjustments.
Staff said the application seeks a 15-foot front-setback variance (reducing the front setback from 25 to 10 feet), a 20-foot rear variance (reducing 35 to 15 feet) and a 3-foot side variance (moving 8-foot side setbacks to 5 feet). The house previously occupied the lot and had nonconforming setbacks; after partial demolition the applicants must comply with current rules unless the board grants variances.
Applicant Michael Scatina told the board the rebuilt house would keep essentially the same footprint but add a second story, explaining that the changes were intended to preserve the house’s character and avoid fire-rating requirements associated with closer side setbacks. “We’re building basically the exact same footprint of the house,” Scatina said, noting the project will result in a similar size and shape to the prior structure.
There was no public opposition recorded in the transcript. Board members concluded the strict application of the setback regulations would deprive the applicants of reasonable use given the lot size and history of nonconforming placement. The board moved, seconded and approved the variances, citing Article 4, section 406 and KRS 100.243 in their findings.
The approval authorizes the applicants to proceed with the adjusted footprint and the second-story addition under the approved variances. The board recorded the action by voice vote; no roll-call tally was provided in the transcript.

