HomeMy WebLinkAbout10-30-2023October 30, 2023 5:30 p.m. Paducah City Hall Commission Chambers Attendees: Troy Astin, Erna Boykin, Vice-Chair Patrick Perry Absent: Jim Chapman, Chairwoman Carol Young Staff: Joshua P. Sommer, Planner III Guests: Larry Evers, Tracy All Vice-Chair Perry called the regular meeting of the Paducah Board of Adjustment to order at 5:30 pm. The Pledge of Allegiance to the U.S. flag was recited. The roll was taken. Mrs. Boykin offered: I move that the reading of the minutes for September 25, 2023 be waived and that the minutes of said meeting, as prepared by staff, be approved as written. Vice-Chair Perry seconded. No corrections were requested. Vice-Chair Perry called for the vote. 3 Ayes (Astin, Boykin, Perry), 0 Nays Continued Petitions Case# VAR2023-0013 1506 Park Avenue Variance request to allow an additional sign for a total of three. Mr. Sommer stated this petition was tabled at the last meeting in order for the United Church of Paducah to speak with Grace Covenant about combining signs. Mr. Larry Evers, representative for the United Church of Paducah, had stated before the meeting that Grace Covenant would allow their sign and the thrift store sign to be combined. Vice-Chair Perry offered: I move that this Board remove from the table Case# VAR2023-0013 pertaining to a proposed additional sign 1506 Park Avenue. As a reminder, the motion on the floor is: I move that this Board receive and file the application of the United Church of Paducah for an additional sign to be installed at 1506 Park Avenue. I further move that the variance be denied based on the following findings of fact: The City of Paducah Comprehensive Plan is not supportive of the variance based on the stated Goals and Objectives. This site is part of the Fountain Avenue Neighborhood wherein measured, thoughtful land use regulations have helped to revitalize this neighborhood. Criteria provided in KRS 100.243 (a) and (b) are not met, as two freestanding signs are provided for in the zoning ordinance and there appear not to be any unusual characteristics of this site that would necessitate a variance. Additional signage can lead to sign proliferation for this area of Paducah. This would erode the “sense of place” that this stretch of Park Avenue provides. A stated purpose of the Neighborhood Commercial Corridor Zone is the facilitation of development that demonstrates an appropriateness of scale. Additional signage would not be keeping with the intent of the NCCZ. Mr. Astin seconded. Vice-Chair Perry re-opened the public hearing. He asked if the Petitioner’s representative, Mr. Evers, would like to speak. Mr. Evers provided the BOA a letter from Grace Covenant allowing a new sign above the existing thrift store sign. Both signs together would be 32 square feet, which does not require a variance. It was decided to remove the item from the agenda since a variance was no longer required. Mr. Evers was advised to apply for a sign permit from the Fire Prevention Division. Hearing no further comment, Vice-Chair Perry closed the public hearing. Mrs. Boykin offered: I move that the motion on the floor be amended to state “This item shall be removed from the agenda as a variance is not required”. Mr. Astin seconded. No questions were asked. Vice-Chair Perry called for the vote on the amendment. 3 Ayes (Astin, Boykin, Perry), 0 Nays No further questions were asked. Vice-Chair Perry called for the vote on the amended motion. 3 Ayes (Astin, Boykin, Perry), 0 Nays New Petitions Case# VAR2023-0016 3222 Spring Street Side yard setback request of six feet to allow a new garage to be constructed on or near the south property line. Mr. Sommer presented the staff report. He stated the proposal was for a 220 square foot garage. He described both the lot and the subdivision in it’s entirety as being nonconforming to the existing zoning requirements of the R-3 Medium Density Residential Zone. He further stated in the past, the BOA has preferred accessory structures to be at least one foot off the property line for mowing and maintenance. The Petitioner was amenable to the one-foot setback. However, a proposal considered simultaneously was for a three-sided accessory structure to be placed on the property line. Staff forwarded a favorable recommendation, provided approval was given from the Fire Prevention Division. Mr. Astin offered: I move that this Board receive and file the application of Tracy All for a new garage to be constructed one foot from the south property line at 3222 Spring Street. I further move that a two-foot variance be granted to permit the garage three feet from the house. I further move that a three-sided accessory structure be approved to be constructed on or near the south property line provided the Fire Prevention Division approves said structure. I further move that the variances be approved based on the following findings of fact: The subdivision was platted in 1953 before the adoption of the present zoning ordinance. The lot is legally nonconforming to the prescribed width and area requirements of the R-3 Medium Density Residential Zone. The proposed garage location would mimic the location of other accessory structures in this neighborhood. A higher percentage of the rear yard would have to be devoted to vehicular parking and maneuvering should the variances not be approved. Greenspace would be preserved. Vice-Chair Perry seconded. Vice-Chair Perry opened the public hearing and invited the Petitioner to speak. Ms. Tracy All, Petitioner, spoke. She asked if the garage one foot off the property line was being approved or just the three-sided structure? Vice-Chair Perry advised her the proposed recommendation for approval was for both cases. She asked about fire-rating the garage, which the Fire Prevention Division would require. Mr. Sommer advised he would get her in touch with the Chief Building Official, Mr. Fugate, to advise her on fire-rating the wall. Hearing no further comment, Vice-Chair Perry closed the public hearing. No further questions were asked. Vice-Chair Perry called for the vote. 3 Ayes (Astin, Boykin, Perry), 0 Nays Other Business Mr. Sommer announced the next two BOA meetings would be in room 101 at Crounse Hall at WKTCT due to Commission Chamber reconstruction. Adjournment The BOA adjourned at 5:51 pm. Respectfully submitted by Joshua P. Sommer, AICP