Board of Adjustments

CITY OF NEWPORT BOARD OF ADJUSTMENT October 19, 2023 MINUTES A regular meeting of the Newport Board of Adjustment was held on Thursday, October 19, 2023, at 4:30 p.m. at the Newport Municipal Complex, 998 Monmouth Street, Newport, Kentucky. In attendance were: Steve Mathisen, Susan Whitehead, Ed Davis, Stephanie Steffen, Planning and Development Director Brian Steffen, Assistant City Manager John Hayden, and City Clerk Tiffany Myers. Absent was Judy Lloyd. A motion by Ed Davis, seconded by Steve Mathisen, to appoint Susan Whitehead as acting chairperson for October 19, 2023. Motion carried- so ordered. Prior to commencing the Public Hearing, all parties giving testimony were sworn in. All parties, including the applicant, City staff, Board Attorney, and those in support and opposition of the applicant, have a right to give testimony and cross-examination. Approval of Minutes: A motion by Ed Davis, seconded by Steve Mathisen, to approve the special meeting minutes from August 8, 2023, as presented. Roll Call: Steve Mathisen Yes Susan Whitehead Yes Ed Davis Yes Stephanie Steffen Yes 4-0 Motion carried- so ordered. A motion by Ed Davis, seconded by Stephanie Steffen, to approve the regular meeting minutes from August 17, 2023, as presented. Roll Call: Steve Mathisen Abstain Susan Whitehead Yes Ed Davis Yes Stephanie Steffen Yes 4-0 Motion carried- so ordered. Public Hearing: BA-23-011 508 Washington Avenue THE APPLICANT IS REQUESTING A TWO-CAR PARKING VARIANCE FOR A COMMERCIAL BUILDING. REQUESTED BY: 508 WASHINGTON, LLC Page 1|3 Comments:  Planning and Development Director Brian Steffen presented the city’s findings.  Attorney Chris Clover spoke on behalf of the applicant at 508 Washington Avenue. He presented the board with pictures showing why the business needed the two-car parking variance. A motion by Steve Mathisen, seconded by Stephanie Steffen, to approve the two-car parking variance based on the findings that the business is unable to acquire the adjacent properties and the inability to obtain additional parking. By granting this variance, this location will be in harmony with the general purpose and intent of the Ordinance as well as the adopted Comprehensive Plan for the City of Newport. It will not be injurious to the neighborhood or otherwise detrimental to the public welfare. It will not adversely affect public health, safety, or welfare. It will not alter the essential character of the general vicinity. It will not cause a hazard or nuisance to the public. It will not allow an unreasonable circumvention of the requirements of the zoning regulations. Roll Call: Steve Mathisen Yes Susan Whitehead Yes Ed Davis Yes Stephanie Steffen Yes 4-0 Motion carried- so ordered. BA-23-012 154 PAVILION PARKWAY THE APPLICANT IS REQUESTING A DIMENSIONAL VARIANCE FOR A SIGN TO BE INSTALLED. REQUESTED BY: GOPERMIT Comments:  Planning and Development Director Brian Steffen presented the city’s findings.  Attorney Steve Megerle and the applicant, Jennifer Ronneburger, with GOPERMIT, addressed the Board. Attorney Megerle handed the board a packet and had Jennifer Ronneburger explain why Ulta Beauty requested the sign variance. A motion by Ed Davis, seconded by Steve Matisen, to approve the dimensional sign variance based on the following findings. The subject property is located at 154 Pavilion Parkway. The property is owned by the City of Newport. The property is zoned “Shopping Center” and is located in the Newport Pavilion. It is currently a retail sales location for Ulta Beauty. The applicant seeks a sign variance in constructing a new, attached sign measuring 103.19 square feet to conform with the company’s new branding. In reviewing the evidence by the applicant, primarily that the requested variance for a new sign is to update an existing business’ national branding, and the board has customarily approved sign variance for businesses in the shopping center zone, and this request does not unreasonably circumvent the purpose of the city sign regulations. The evidence presented requests a variance allowing for a sign letter size that is one foot larger than the current zoning requirement, will not adversely affect the public health, safety, or welfare, and will not alter the character of the vicinity or cause a nuisance. Page 2|3  The strict application of the sign regulations would deprive the owner of its ability to update and market its branding to customers, and updating its signage to conform with its national branding strategy is a special circumstance that applies to that address and business location only. City staff recommends the board to approve the variance request. I move to approve GOPERMITS application on behalf of Ulta Beauty for a variance from the sign regulations at 154 Pavilion Parkway based on the following facts and circumstances and evidence presented by the applicant. The sign should be constructed as outlined in the application presented to the board and as described in the testimony. Roll Call: Steve Mathisen Yes Susan Whitehead Yes Ed Davis Yes Stephanie Steffen Yes 4-0 Motion carried- so ordered. Other Business: Planning and Development Director Brian Steffen advised the Board that Brodaus Capital Inc. submitted their parking variance application a few months ago and has withdrawn because they might be able to find additional parking spots without the variance. Adjournment: A motion by Steve Mathisen, seconded by Stephanie Steffen, to adjourn the meeting. Motion carried- so ordered. Accordingly, the meeting was adjourned at approximately 5:00 p.m. Approved: Susan Whitehead, Acting Chairperson Attest: Tiffany Myers, City Clerk Page 3|3