Protests from several residents of Lone Oak Drive in Nicholasville took up much of the Nicholasville Board of Adjustments meeting on Monday.
The residents are concerned that Jeffrey Ball, who recently purchased the home at 116 Lone Oak Drive, is violating the property-deed and zoning ordinances by adding a bedroom, bathroom and kitchenette above the detached garage of the home, they told the board.
The board was informed that Ball was planning to have two residences on the lot, which is prohibited by the zoning ordinance. Ball, who also attended Monday’s meeting, then submitted a letter to the board outlining his plans.
Ball, who said he also is adding on to his master bedroom and bathroom and adding a pool and bathhouse, said he had asked his real-estate agent before purchasing the home whether his plans to remodel would be permissible and was told they would.
“It’s my fault for not asking officially, ” he said.
Ball assured the board he did not plan to use the remodeled space above the garage as a second residence and that it’s only purpose would be for his son, who is in college, or other family members to stay for a night or two occasionally.
But many of the residents at the meeting expressed concern that those who own the home after Ball would rent out the space.
“Once he gets it built, there’s no way to stop what goes on there,” said Bobby Powell, who lives at 124 Lone Oak Drive. “We cannot make a residence out of a garage.”
Many of the other residents present agreed.
Several board members assured the residents that the space could never be rented out legally unless there was a change to the zoning ordinance.
“If it is rented out, you let us know and we’ll take action to stop it,” said board member Jimmy Wells.
Board members said they have no authority over what remodeling Ball does as long as he acquires required building permits and adheres to applicable zoning regulations.
They did ask if Ball would consider not adding the kitchenette so neighbors would be less worried about the space being rented out in the future.
Ball agreed to leave that out, and board members said they believed the remodeling would be permissible.
In other business, the board approved a request for a dimensional variance by the Joseph Group to allow the construction of a canopy on the drive-through lane at a proposed banking facility at 601 Keene Centre Way. Jason Banks of Banks Engineering told the board the canopy would be a little more than 30 feet from the front of the building line, which begins where the right-of-way in front of the building ends, instead of the 50 feet required by the zoning ordinance. Board attorney Bobby Gullette said there is “an inordinate amount of right-of-way on the front of the property,” and that could be used to justify granting the variance. The right-of-way provides an addition 30 to 50 feet of space from the road, he said.
“You all have used that for justification on two prior occasions,” he said, explaining that both Copper River Grill and Raising Cane's were granted variances for signs that were larger than normally allowed because of the large amount of right-of-way there.
Banks told the board the front of the building would be the only place the drive-through could go.
Board member Paul DeMichele asked whether the board could require that the bank remove the canopy if it leaves that building, but Gullette said that requirement would be too hard to enforce.
The request was approved 3-2.
The board also re-elected current board officers by acclimation.
The next meeting of the Nicholasville Board of Adjustments is scheduled for April 8 at 7 p.m. at Nicholasville City Hall.