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HomeMy WebLinkAbout06-02-2026 MINUTES OF THE PADUCAH BOARD OF ADJUSTMENT JUNE 2, 2026 5:30 P.M. Attendees: Brandi Harless, Lisa Humphrey, Mark McGregor, Vice Chair Patrick Perry, Chairwoman Carol Young Absent: Staff: Carol Gault, Planning Director; Honorable Counsel Glenn Denton; Joshua P. Fowler- Sommer, Planner III Guests: Chairwoman Young called the called meeting of the Paducah Board of Adjustment to order at 5:30 pm. The Pledge of Allegiance was recited and the roll was taken. Meeting was in the Paducah City Hall Commission Chambers. Mr. McGregor offered: I move that the reading of the minutes for June 2, 2026 be waived and that the minutes of said meeting, as prepared by staff, be approved as written. Vice-Chair Perry seconded. No changes were requested. Chairwoman Young called for the vote. 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Continued Petitions Case# VAR2026-0004 4456 Quail Hollow Drive This item will roll off the agenda automatically after this meeting. New Petitions Case# VAR2026-0005 700 North 37th Street Planner III Josh Fowler-Sommer presented the staff report. He stated the request was due to the Petitioner requesting to protect his view-shed on the west side of the property. However, upon review of the City of Paducah/ McCracken County Comprehensive Plan, no justification could be found for granting the variance. Additionally, the Fire Prevention Division has an open code case on the next-door property. Mr. Fowler-Sommer stated the appropriate way to move forward would be to follow up with Fire Prevention as opposed to a variance being granted. He further stated this item was tabled at the last meeting due to a tie vote. Mrs. Humphrey offered: I move that this Board remove from the table case VAR2026-0005 pertaining to 700 North 37th Street. Mr. McGregor seconded. MINUTES OF THE PADUCAH BOARD OF ADJUSTMENT – continued page 2 / 5 Chairwoman Young called for the vote. 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Mrs. Harless offered: I move that this Board open the Public Hearing for case VAR2026-0005 pertaining to 700 North 37th Street. Mr. McGregor seconded. Chairwoman Young asked all in favor? 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Chairwoman Young invited the public to speak. Mr. David Kries, Petitioner, spoke. He stated other eight-foot fences could be seen from his home. He has also made a substantial investment in his property. Mr. Kries also offered to buy the property next door and stated he takes pride in his property. Mr. McGregor asked if the proposed fence would be between the houses or all the way to the street. Mr. Kries stated just between the houses. Mr. Dylan Spragges, neighbor, spoke. He stated the house next door should be condemned and it should be taken into consideration for the variance. Mrs. Harless asked about other examples of fences being approved or denied. Mr. Fowler-Sommer stated that a fence was denied in the last six months on Sanders Avenue. Discussion was made about the property maintenance case being open for three years. Planning Director Carol Gault spoke. She stated incremental change for property maintenance comes through the Fire Prevention Division. She invited Mr. Kries and Mr. Spraggs to attend a Code Enforcement Board meeting if they would like. Mr. Kries stated there have been no objections last month or this month. Mr. Spraggs stated Mr. Kries was a good neighbor and played by the rules. Discussion was made about where the fence height in the zoning ordinance came from. Vice-Chair Perry discussed the wind load of the proposed fence. Discussion was made about if approval would mean a precedent. Mr. Fowler-Sommer and Honorable Counsel Glenn Denton discussed any Findings of Fact would only pertain to the case at hand. Hearing no further public comment, Chairwoman Young asked the public hearing to be closed. Mrs. Harless offered: I move that this Board close the Public Hearing for case VAR2026-0005 pertaining to 700 North 37th Street. Mr. McGregor seconded. Chairwoman Young asked all in favor? 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Mrs. Harless offered: MINUTES OF THE PADUCAH BOARD OF ADJUSTMENT – continued page 3 / 5 I move that this Board deny the petition of David Kries for a two-foot variance request to construct an eight-foot-tall fence on the west property line at 700 North 37th Street. I further move that the variance be denied based on the following findings of fact: 1. 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. 2. The lot itself is nonconforming to the R-1 Low Density Residential Zone, however; is regularly shaped, being 50’ X 160’. 3. Staff could not find any applicable priorities of the Board of Commissioners, pursuant to MO 3028. 4. The Housing and Neighborhoods Element of the City of Paducah/ McCracken County Comprehensive Plan 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.” 5. Remedies for the removal of nuisances are available to any resident of the City of Paducah which can be done anonymously. 6. 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. 7. An active property maintenance case is open on the property and incorporated by reference herein. The case number is PM2023-0080. The Fire Prevention Division would be the appropriate channel to ensure compliance with the building code, as opposed to a fence running adverse to neighborhood character. Mr. McGregor seconded. Hearing no further questions or comments from the Board members, Chairwoman Young called for the vote. 2 Ayes (Harless, Humphrey), 3 Nays (McGregor, Perry, Young) Mr. Fowler-Sommer stated Findings of Fact would be needed. Counselor Denton revised the previous motion to reflect approval. Vice-Chair Perry offered: I move that this Board approve the petition of David Kries for a two-foot variance request to construct an eight-foot-tall fence on the west property line at 700 North 37th Street. I further move that the variance be approved based on the following findings of fact: 1. 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. 2. The lot itself is nonconforming to the R-1 Low Density Residential Zone, however; is regularly shaped, being 50’ X 160’. MINUTES OF THE PADUCAH BOARD OF ADJUSTMENT – continued page 4 / 5 3. The Housing and Neighborhoods Element of the City of Paducah/ McCracken County Comprehensive Plan 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.” 4. Remedies for the removal of nuisances are available to any resident of the City of Paducah, but no action has been taken in recent years. 5. This Board believes an exception to the prohibition of fences taller than six (6) feet is warranted in this case. Mr. McGregor seconded. Hearing no further questions or comments from the Board members, Chairwoman Young called for the vote. 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Case# VAR2026-0008 5169 Hinkleville Road Planner III Josh Fowler-Sommer presented the staff report. The Petitioner requests a variance of 70 square feet for a 145 square foot freestanding sign to be installed at 5169 Hinkleville Road. The prescribed size for freestanding signs is 75 square feet. This request would combine two signs into one with the goal of reducing sign proliferation. This would be a goal in conformance with the City of Paducah/ McCracken County Comprehensive Plan. Vice-Chair Perry offered: I move that this Board open the Public Hearing for case VAR2026-0008 pertaining to 5169 Hinkleville Road. Mr. McGregor seconded. Chairwoman Young asked all in favor? 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Chairwoman Young invited the public to speak. No one from the public appeared to speak. Hearing no 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 VAR2026-0008 pertaining to 5169 Hinkleville Road. Mrs. Harless seconded. Chairwoman Young asked all in favor? 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Mr. McGregor offered: MINUTES OF THE PADUCAH BOARD OF ADJUSTMENT – continued page 5 / 5 I move that this Board approve the petition of Patrick Dillard for a variance of 70 square feet for a 145 square foot freestanding sign to be installed at 5169 Hinkleville Road. I further move that the variance be approved based on the following findings of fact: 1. The City of Paducah/ McCracken County Comprehensive Plan sets forth Goals which speak to the redevelopment of the signage and the economic benefits thereof, incorporated by reference herein. 2. Two nonconforming signs would be removed, which is also addressed in the Comprehensive Plan. 3. The proposed square footage of the sign would be less than what is located on the site at the current time. 4. The proposed freestanding sign provides a clear, concise point of entry. 5. It is reasonable to expect any business that fronts Hinkleville Road to be able to utilize wayfinding signage to get into the site. 6. It is reasonable to expect a long timeframe in which all signage in the Regional Trade Center to come into conformance with the current sign code. 7. The spirit and intent of the Paducah Zoning Ordinance is upheld, as the reduction of sign clutter is accomplished. Vice-Chair Perry seconded. Chairwoman Young called for the vote. 5 Ayes (Harless, Humphrey, McGregor, Perry, Young), 0 Nays Other Business Adjournment The BOA adjourned at 6:03 pm. Approved: ______________________________________ Chairwoman Carol Young Drafted by: _______________________________________ Joshua P. Fowler-Sommer, AICP, Planner III