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HomeMy WebLinkAbout10-27-2025October 27, 2025 5:30 p.m. Paducah City Hall Commission Chambers Attendees: Lisa Humphrey, Vice-Chair Patrick Perry, Chairwoman Carol Young Absent: Brandi Harless Staff: Planning Director Carol Gault, Honorable Counsel Glenn Denton, Joshua P. Fowler-Sommer, Planner III, Guests: Jay DeSomeau, Bonnie Scott, Pastor Charles Dunbar, Mary Newberry Chairwoman Young 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. Mr. Fowler-Sommer stated that with this being Mrs. Humphrey’s first meeting, a quorum was not present to vote on the September 29, 2025 minutes. Chairwoman Young stated a vote will be taken on the minutes at the next meeting. Continued Petitions New Petitions Case# VAR2025-0010 1030 Sanders Avenue Planner III Josh Fowler-Sommer presented the staff report. He stated the Petitioner is requesting a variance of four feet to construct a 12’ tall fence along the alley. However, no supporting evidence could be found in the Comprehensive Plan or in the Board of Commissioner’s priorities. Hearing no questions from the Board members, Chairwoman Young asked for the public hearing to be opened. Mrs. Humphrey offered: I move that this Board open the Public Hearing for case VAR2025-0010 pertaining to 1030 Sanders Avenue. Vice-Chair Perry seconded. Chairwoman Young asked all in favor? 3 Ayes (Humphrey, Perry, Young), 0 Nays Chairwoman Young invited the public to speak. Mr. Jay DeSormeau, Petitioner, spoke. He stated the hedge that existed previously was 12-15 feet tall. It was removed for drainage work by the Highway Department. He stated it would be a belt-weave material to be constructed inside the tree line. He further stated a multi-family structure is located across the alley at a higher elevation. Vice-Chair Perry asked where the fence height is measured from. Mr. Fowler-Sommer stated it was where the ground touches the fence. If on a berm, it would be on the top of the berm. Mr. DeSormeau stated the adjacent hedges are 10-20 feet tall. He felt the property had depreciated with the hedge being removed. Hearing no further public comment, Chairwoman Young asked the public hearing to be closed. Vice-Chair Perry offered: I move that this Board close the Public Hearing for case VAR2025-0010 pertaining to 1030 Sanders Avenue. Mrs. Humphrey seconded. Chairwoman Young asked all in favor? 3 Ayes (Humphrey, Perry, Young), 0 Nays Vice-Chair Perry offered: I move that this Board deny the petition of Jay DeSormeau for a four-foot variance request to construct a 12-foot tall fence around the backyard at 1030 Sanders Avenue. I further move that the variance be denied based on the following findings of fact: Goal 2 of the Housing and Neighborhoods Element states: Sustained integrity and value of the area’s oldest established neighborhoods while promoting quality housing development and the long-term appeal of newer residential areas. The fence next door at 1020 Sanders Avenue conforms to the City of Paducah Zoning Ordinance. The lot itself is conforming to the R-2 Low and Medium Density Residential Zone. Staff could not find any applicable priorities of the Board of Commissioners, pursuant to MO 3028. The Housing and Neighborhoods Element also states “Together with the Land Use and Character section, [this section] establishes the public policy basis for community planning and local government development regulations, especially to protect residential areas from incompatible land uses and development intensities, promote a wide range of housing options and maintain desired neighborhood character.” Remedies for the removal of nuisances are available to any resident of the City of Paducah. Staff reviewed 154 instances of how neighborhoods are mentioned in the City of Paducah/ McCracken County Comprehensive Plan. There was no element, statement, phrase or consideration given to taller fences which run averse to neighborhood character. Mrs. Humphrey seconded. No further questions were asked. Chairwoman Young called for the vote. 3 Ayes (Humphrey, Perry, Young), 0 Nays Case# USE2025-0007 1212 & 1214 North 14th Street Planner III Josh Fowler-Sommer presented the staff report. He stated a parochial school is allowed in every zone in the City with a Conditional Use Permit. He stated the building is proposed to be 1,500 square feet and have approximately 50 off-street parking spaces. That number would be finalized on a submitted site plan. Mr. Fowler-Sommer also suggested two conditions to be placed on any approval: After both pieces of property are in the Petitioner’s name, a Waiver of Subdivision will be required to abolish the central property line. A site plan will need to be submitted and approved in accordance with the City’s site plan requirements. Vice-Chair Perry offered: I move that this Board open the Public Hearing for case USE2025-0007 pertaining to 1212 & 1214 North 14th Street. Mrs. Humphrey seconded. Chairwoman Young asked all in favor? 3 Ayes (Humphrey, Perry, Young), 0 Nays Chairwoman Young invited the public to speak. Ms. Bonnie Scott, Petitioner, spoke. She stated she lives in Mississippi, but has been in Paducah a lot for various events over the years. She described her proposal and how it would be utilized. She further stated she purchased her lot (1214 North 14th Street) in 2022. Vice-Chair Perry asked if she would utilize the alley. Ms. Scott stated the alley would not be used. Mr. Fowler-Sommer further added, the alley is not a through-alley so all traffic would be kept to North 14th Street. Pastor Charles Dunbar spoke. He spoke in favor of the conditional use permit. He stated he appreciated her coming to the community. Hearing no further public comment, Chairwoman Young asked the public hearing to be closed. Vice-Chair Perry offered: I move that this Board close the Public Hearing for case USE2025-0007 pertaining to 1212 & 1214 North 14th Street. Vice-Chair Perry seconded. Chairwoman Young asked all in favor? 3 Ayes (Humphrey, Perry, Young), 0 Nays Mrs. Humphrey offered: I move that this Board approve the conditional use request of Bonnie Scott for a parochial school to be located in the R-3 Zone at 1212 and 1214 North 14th Street. I further move that the approval be based on the following findings of fact: The site has convenient ingress and egress to Park Avenue and North 13th Street, from which all of Paducah can be accessed easily. Parking is proposed to be off-street. The maximum number of students would be 50 people. The Petitioner owns 1214 North 14th Street, directly adjacent to the City’s lot. The parochial school would be required to be landscaped on both sides, next to the single-family homes. Parochial schools are a conditionally permitted use in every zone in the City, pursuant to Section 126-68 (a) (3). The site is on the edge of the residential area, as a cemetery is located across North 14th Street. I further move that the following conditions be attached to the approval: After both pieces of property are in the Petitioner’s name, a Waiver of Subdivision will be required to abolish the central property line. A site plan will need to be submitted and approved in accordance with the City’s site plan requirements. Vice-Chair Perry seconded. No further questions were asked. Chairwoman Young called for the vote. 3 Ayes (Humphrey, Perry, Young), 0 Nays Case# VAR2025-0011 1330 South 8th Street Planner III Josh Fowler-Sommer presented the staff report. He stated the variance was requested primarily due to the existence of the flood plain on the back of the lot. The lot is already smaller than the prescribed performance standards of the R-3 Zone. Hearing no questions from the Board members, Chairwoman Young asked for the public hearing to be opened. Vice-Chair Perry offered: I move that this Board open the Public Hearing for case VAR2025-0011 pertaining to 1330 South 8th Street. Mrs. Humphrey seconded. Chairwoman Young asked all in favor? 3 Ayes (Humphrey, Perry, Young), 0 Nays Chairwoman Young invited the public to speak. Ms. Mary Newberry, neighbor, spoke. She spoke about taxes, the grass not being cut and general maintenance of the area. Hearing no further public comment, Chairwoman Young asked the public hearing to be closed. Mrs. Humphrey offered: I move that this Board close the Public Hearing for case VAR2025-0011 pertaining to 1330 South 8th Street. Vice-Chair Perry seconded. Chairwoman Young asked all in favor? 3 Ayes (Humphrey, Perry, Young), 0 Nays Mrs. Humphrey offered: I move that this Board approve the petition of Nicole and Dale Myers for a 300 square foot variance request for a 256 square foot single family home to be constructed at 1330 South 8th Street. I further move that the variance be approved based on the following findings of fact: The City of Paducah Comprehensive Plan sets forth an overarching planning theme throughout the Plan to increase quantity and variety of housing options. Goal 2 of Land Use and Community Character states: A land use allocation and pattern that advances the area’s key objectives of achieving greater housing supply and variety and supporting its economic development and tax base needs. Goal 1 of Housing and Neighborhoods states: A quantity and diversity of housing options that makes living in Paducah and McCracken County attainable and inviting for a wide range of age groups and income levels, including those critical to the area’s economic success. The Southside Revitalization, Quality Housing and Quality of Life are priorities of the Board of Commissioners, pursuant to MO 3028. The flood plain associated with Island Creek takes up 2,144.44 square feet of the lot. The buildable area of the lot is reduced by 38.56 percent. This development would boost the supply and demand of housing in McCracken County. The current number of for-sale and rental units needed in McCracken County needed is 3,805 according to the Kentucky Housing Corporation. The variance for the new home is supported in the Southside Revitalization Plan, specifically by the Plan Objectives for Community Renewal. It is specifically acknowledged that this location is in Phase II. The new home would help to contribute to the recreation of the former street wall along South 8th Street. The variance would help to maintain a more spacious site which contributes to green space and less storm water runoff. The lot is nonconforming to the performance standards of the R-3 Medium Density Residential Zone, specifically to lot width and size. The lot is 40’ wide and has a total area of 5,560 square feet. Vice-Chair Perry seconded. Vice-Chair Perry asked about how first responders would navigate inside the house. Mr. Fowler-Sommer stated that the definition of a cottage home could be as small as 140 square feet. Some cities, such as Henderson, have cottage homes as small at 120 square feet. Chairwoman Young expressed support, citing the housing shortage in McCracken County No further questions were asked. Chairwoman Young called for the vote. 3 Ayes (Humphrey, Perry, Young), 0 Nays Other Business Adjournment The BOA adjourned at 6:18 pm. Approved: ______________________________________ Chairwoman Carol Young Drafted by: _______________________________________ Joshua P. Fowler-Sommer, Planner III