Independence will not move forward with establishing an independent board of adjustment for the city.
Independence Councilmember Greg Steffen proposed the change and was the only council member to vote yes. Steffen said he introduced the change because it would give the city local control rather than having a joint board through the county.
“My main point, this is our city, we should make the decisions and not leave it to other cities to make them,” Steffen said.
Currently, Independence, Fairview, Ludlow, Elsmere, Bromley, Ryland Heights, Kenton Vale, and the unincorporated county use a joint board of adjustment through Kenton County Planning and Development Services. The other cities in Kenton County have their own boards. Independence’s representative on the joint board is Steven Sorg. The city had its own board before eventually switching to the joint board in 2014.
Boards of adjustment are responsible for hearing requests from residents and businesses about changing their properties in a way that doesn’t conform to zoning regulations. For example, if a business wants to install a sign that’s slightly larger than what’s currently allowed, they can make a request to a board of adjustment, which will hear their case and make a decision.
The proposed changes were initially discussed at an April council meeting. Before making a decision, the city invited Sorg and Kenton County Planning and Development Services Director Sharmili Reddy to speak at the May 5 meeting.
Reddy said she was in attendance to argue why the joint board was a good option for the city. She spoke to the council on the perks regarding the frequency of meetings, continuity of membership, due process, and customer experience for the joint board.
In regard to the frequency of meetings and continuity of membership, Reddy said the joint board meets frequently, and the members have been the same for a couple of years, so she said the discussion is elevated because they meet so often. Reddy said a local board would not meet as frequently because there would be only the city of Independence cases to review.
Reddy said the board of adjustment must make decisions based on the evidence presented at a meeting. She said the joint board is also suitable for offering unbiased opinions because it represents various areas of the county and brings different perspectives to the table.
Though Reddy said the county would provide staff support, a local board would have to arrange the meetings, ensure a quorum, be the keepers of the records, provide legal, etc.
“From a customer experience with an applicant coming through, if they have any questions about the meeting itself, they’re contacting the city; if they have questions about the application and the legal basis, they’re contacting us,” she said. “So in my mind, that’s not very seamless.”
Sorg said he has had a very good experience on the joint board, serving about two years.
“I would suggest that you continue on this path. It is a very, very well thought-out, well-designed system,” he said.
Steffen gave an example from a recent joint board of adjustments meeting that aligned with his desire for a local board. He said the board approved 52-foot signage for a new Publix store in Independence, where the city’s code allows only 25-foot signage. Something Steffen did not agree with. He said even though Sorge voted no, the item still passed because the Ludlow, Bromley, Fairview, and Ryland Heights voted yes.
Councilmember Carol Franzen, who voted against changing to the joint board in the past, said she thinks the problems they had in the past are now fixed. Franzen and Independence Mayor Chris Reinersman both said they feared a local board could bring bias or feel pressure from neighbors or friends to vote a certain way.
The council voted 1-5. Therefore, the motion failed for the creation of a local board of adjustments.
