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The Nicholasville Board of Adjustments met last week on Monday, May 13.

The Board of Adjustments votes to grant variances and conditional use permits and allows changes in non-conforming uses due to zoning restrictions that guide landowners, homeowners, and business owners on what they can and can’t do on city and county land.

This Board also hears appeals from the Building Inspection and Planning staff. Although the Board is free to vote and make decisions based on variances and conditional use permits independently, it often heads Planning Staff recommendations.

According to the Nicholasville government website, the Board of Adjustments members include Jennifer Carpenter, Tanya Bolton, Chairman Alex Lyttle, Bob Miller, Donna Pile, and Taylor Richards. One seat is currently vacant. The Director of Planning and Zoning, Tim Cross, is almost always at these Adjustment meetings, which occur on the second Monday of each month at 7 p.m. in the Nicholasville Police Department Community Room.

First, the Board discussed Conditional Use Permits. These permits, if approved, are valid for only a year. The Board often reinstates the permit for another year or a permanent agreement for the property owner if there have been no complaints from neighbors or the complaints have each been resolved within the year agreement.

Commonwealth Central Supplies from Owensboro, located at 2019 Lexington Road, requested a conditional use permit to have outdoor storage for a retail business selling small farm and construction supplies.

The lawyer representing multiple businesses and individuals at this meeting, and often at other meetings, Bruce E Smith, told the Board that the supplies would be inside the fencing on the property. “With that, we respectfully ask you to find that this conditional use permit promotes the public health, safety, and welfare in this area by providing a suitable location for this business, and we would respectfully request that you grant the conditional use,” Smith said.

Tim Cross notified the Board that this property has historically utilized its outside space as storage. Cross also stated he does not believe this will affect motorists driving by.

The Board approved this conditional use application.

Gretchen Hollinger of Nicholasville, Kentucky, requested a conditional use permit for a home occupation to operate an in-home child care center for six children.

Hollinger said this would be a combination of pre-school and childcare for children aged 2-5, operating between 5:30 a.m. and 6 p.m. Hollinger has 20+ years of experience in nannying and Montessori and Reggio early childhood teaching approaches. She also has four children of her own.

Members of the Board only showed concern for traffic flow near the business, but Hollinger stated there would likely only be six cars with different drop-off times.

The Board approved the conditional use permit with a reminder that there may be no employees who live outside the home.

Former Nicholasville City Commissioner Betty Black was approved for permanent status for her conditional use home occupation permit for her printing business.

Lisa Warren of Nicholasville also runs a business out of her home. The business is a small animal clinic that offers low-cost spay and neuters and other operations. Warren has a second entity, a nonprofit, where she raises money to help people pay for their operations through her low-cost clinic to avoid institutional and family economic euthanasia of pets.

The Board granted Warren permanent status for her conditional use occupational permit.

Warren’s business can be found at focusvetcare.com for low-cost flat rate spay and neuters and routine procedures. If you are in a dire situation in need of funds for your furry family members, VTTR.org is Warren’s nonprofit.

The Board then discussed dimensional variances, which allow for adjustments to the regulations for zoning ordinances for land.

Isaac Gross, with BK11 LLC, is a Nicholasville Builder who requested a dimensional variance for a home he built on 127 White Oak Drive.

“In an effort to accommodate and maximize his profit, Isaac unfortunately had relied on a friend who he thought had proper experience and knew how to stake out a house. The friend is not a registered land surveyor, so he was less expensive to hire. Unfortunately, the staking wasn’t done correctly, so the garage on the house extends about 6 feet and eight inches too far forward,” Mr. Smith said. “What happened here was that the sidewalk hasn’t been installed on this lot, so the friend, instead of measuring from the back edge of the sidewalk, measured instead from the back end of the curb, which is what caused the problem.”

Mr. Smith said to fix the mistake, which needs to be fixed since it goes against zoning restrictions, it would cost Gross $63,500.

Board member Donna Pile questioned Gross and spoke her mind before the Board voted, “I’m sorry for everybody involved, but it seems like it’s more than just one thing. First, you didn’t get the right surveyor, then you didn’t check up on your contractor, then you didn’t have the sidewalk built, and if I’m wrong, guys, you need to tell me that.” Two members of the board responded no. “Because it looks like a comedy of errors. And I’m not saying you’re a bad guy, I’m not at all. I’m just saying there’s a whole litany of things.”

The Board of Adjustments voted to grant Gross a dimensional variance, allowing the existence of the garage that extends 6 feet past the limit.