VARIANCE STAFF REPORT

Docket Number: 2018-V-06

Public Hearing Date: May 10, 2018

Pre-Application Conference: October 9, 2017

Applicants/Property Owners: Bowling Green Municipal Utilities (BGMU) c/o Emmett Wood 801 Center Street Bowling Green, KY 42102

Location of Development: 112 State Street

Current Zoning: LI (Light Industrial)

PVA Parcel Number: 039A-04-003

Existing Land Use: Commercial

Property Size: 0.957 +/- Acres Traffic Considerations: The properties have frontage on State Street, a City maintained urban local roadway, with sixty (60) feet of right-of-way and 30 +/- feet of pavement width. Description of Request: The applicants are requesting a variance of 9 feet from the required 25-foot front yard setback in the LI (Light Industrial) zoning district to allow a structure to be located 16 feet from the front property line.

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ZONING ORDINANCE REFERENCE

The provisions of the Zoning Ordinance from which this variance are requested are referenced in Article 4, Section 7.

Section 4.7.3.B Property Development Standards – The front yard setback in the LI (Light Industrial) zoning district is 25 feet.

VARIANCE FINDINGS

KRS 100.243 - Findings necessary for granting a variance:

(1) Before any variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow for an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether:

(a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone;

(b) The strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and

(c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.

(2) The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

The applicants submitted the following narrative to address items a, b and c, listed above:

“BGMU request an 8 foot variance from the 25 foot front yard setback requirement (per Article IV. Section 4.7.3B of the Warren County Zoning Ordinance) because its strict application will create unnecessary hardship for BGMU, the applicant. BGMU has begun design for expansion of the water treatment plant. In advance of construction, the BGMU Fiber Division’s Network Operations Center (NOC) must move. BGMU intends to relocate the NOC to the northwest corner of its property at 112 State Street. The NOC must be situated so as not to impede ingress and egress of BGMU’s water and wastewater Plant Maintenance’s vehicles and equipment, or their safe operation and movement on site. We propose to locate the NOC facility 20 feet from our property line (see accompanying drawings). If the 25’ front yard setback is enforced, locating the NOC at 112 State can’t be accomplished without impeding the flow of Plant Maintenance vehicles and equipment. The impediment would increase the possibility of onsite collisions between vehicles or between vehicles and equipment. The heightened safety risk is unnecessary because situating the NOC as BGMU proposes provides adequate space for vehicle and equipment maneuver on site without detracting from the safety of vehicle and pedestrian traffic along State Street.”

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STAFF ANALYSIS

As stated previously, the applicants are requesting a variance of 9 feet to allow the proposed building to be located 16 feet from State Street. The locations of the existing structures and the proposed building are shown on the attached Variance exhibit.

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MOTIONS MOTION TO APPROVE THE VARIANCE REQUEST: I make the motion to approve the request for a variance at 112 State Street, Docket number 2018-V-06: a variance of 9 feet to allow the proposed structure to be located 16 feet from the front property line. The testimony presented in this public hearing has shown that the granting of this variance will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public; and will not allow an unreasonable circumvention of the requirements of the zoning regulations.

OR

MOTION TO DENY THE VARIANCE REQUEST: I make the motion to deny the request for a variance at 112 State Street, Docket number 2018-V-06: a variance of 9 feet to allow the proposed structure to be located 16 feet from the front property line. Sufficient testimony has not been presented in this public hearing that the requested variance meet the criteria set forth in KRS 100.243, "Findings necessary for granting variances," as:

(Choose one or more appropriate finding(s) and specific items)

will adversely affect the public health, safety or welfare.

will alter the essential character of the general vicinity.

will cause a hazard or a nuisance to the public

will allow an unreasonable circumvention of the requirements of the zoning regulations.

The proposed development plan does not show that the requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; The proposed development plan does not show that the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; The circumstances are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

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2018-V-06 Page 5 of 8

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PARK ST

STATE ST

CHESTNUT ST

U.S. 31W BYPASS

COLLEGE ST

EAST 3RD AVENUEALLEY

SHORT AVE

OLD LOUISVILLE RD

EAST RIVERVIEW DR

EAST 2ND AVENUE

EAST 1ST AVENUE

MAX HAMPTON ST

ALLEY

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200 0 200 400 Feet

EXISTING ZONING2018 - V - 06

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PARK ST

STATE ST

CHESTNUT ST

U.S. 31W BYPASS

COLLEGE ST

EAST 3RD AVENUE

ALLEY

SHORT AVE

OLD LOUISVILLE RD

EAST RIVERVIEW DR

EAST 2ND AVENUE

EAST 1ST AVENUE

MAX HAMPTON ST

ALLEY

EAST 2ND AVENUE

AGRICULTURALCOMMERCIALINDUSTRIALPUBLIC

PUBLIC-INSTITUTIONALMULTI-FAMILY RESIDENTIALSINGLE-FAMILY RESIDENTIALVACANT

200 0 200 400 Feet

EXISTING LAND USE2018 - V - 06

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STATE STSTATE ST

U.S. 31W BYPASS

U.S. 31W BYPASS

CHESTNUT ST

CHESTNUT ST

OLD LOUISVILLE RD

OLD LOUISVILLE RD

EAST 2ND AVENUE

EAST 2ND AVENUE

20 0 20 40 Feet

AERIAL2018 - V - 06

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