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Board grants two-foot sideyard variance at 217 East Higgin Street over neighbor objection
Summary
The Board approved a two-foot reduction to the sideyard setback at 217 East Higgin Street, finding that the lot’s narrow dimensions justify the variance despite a neighboring resident’s objections about proximity and noise.
The Midway Board of Adjustment voted to grant a two-foot sideyard variance for a new single-family house planned at 217 East Higgin Street after a neighbor objected to the requested reduction.
Staff explained the R2-zoned vacant lot (0.122 acres) was narrow and deep, and that the applicants propose a 19-foot-wide structure that would require reducing the standard 8-foot side setback to 6 feet to allow a workable driveway and vehicle access. The staff report reviewed the setback standards and variance criteria under Article 4 of the zoning ordinance.
Applicant Doug Watson described physical constraints, including a tree line on the right side of the lot and the need to accommodate larger vehicles. “That’s the main reason you’ll get in and out of the back if need be,” Watson said, explaining why the driveway alignment requires the requested reduction.
Neighbor Haley Rhodess, who lives at 221 East Ten Street, said the reduced setback would put the new house approximately 9 feet from her home and expressed concerns about noise and maintenance. “I would like to deny the two foot that they’re asking for,” Rhodess said.
Watson responded that the property will remain within family ownership and that the layout will preserve privacy measures such as a privacy fence; board members discussed how similar tight lots in the area have long-established encroachments.
After deliberation, a board member moved to approve the two-foot sideyard variance, citing the minimum necessary relief and hardship tied to the lot’s narrowness; the motion was seconded and approved by voice vote. The board’s findings referenced Article 4, section 406 and KRS 100.243 in support of the decision.
The board recorded the approval by voice vote and did not provide a roll-call tally in the transcript. The decision allows the applicant to proceed with the proposed footprint and driveway alignment under the approved reduced setback.
