Board approves variance to replace nonconforming outbuilding at 660 Hemlock Street

The Calvert City Board of Adjustments on Sept. 11 approved a variance allowing Tina Payne and Pam Payne Graham to replace a nonconforming outbuilding at 660 Hemlock Street.

Tina Payne, who was sworn and spoke during the public hearing, presented photos and described site constraints that make relocating the structure difficult. Payne said the previous outbuilding had deteriorated and been damaged by ants, and that placing a replacement in the same footprint would avoid moving the building closer to her house. "My whole backyard is nothing but wood ants," Payne said while explaining the condition of the former structure.

City counsel read the statutory criteria the board must consider for a variance, asking whether the request arises from special circumstances, whether strict application of the regulations would deprive the applicant of reasonable use or create an unnecessary hardship, and whether the circumstances result from actions taken after adoption of the zoning regulation. Board members answered the findings in the affirmative, then moved and seconded to approve the Payne variance; the motion carried with vocal "ayes" from those present.

After the vote, staff explained that the variance approval was complete and that a conditional-use permit would be drafted by the city attorney. Applicants were told the permit paperwork should arrive in the next few days and that they may begin demolition and grading but must not start construction until formal permits are issued.

The variance authorizes replacement of the outbuilding in approximately the same location as the previous structure, subject to whatever permit conditions the city attaches during the formal permit process. No members of the public spoke for or against the request during the hearing.