By Patricia A. Scheyer
NKyTribune reporter
The Boone County Fiscal court held a presentation on a zoning issue at the last meeting which
had previously received a recommended denial from the Planning Commission. With a new procedure in place concerning zoning issues, Commissioners listened to arguments for and against the zoning issue for property owned by Adam Reid based only on information gained at the previous public hearing held by the Planning Commission.
Reid has asked that 6.6 acres of his 189 acres be changed from A-1, agricultural, to A-1 PD. His
property is located at the terminus of Webb lane in Boone County. Director of Zoning Services Michael
Schwartz explained that PD or Planned Development, basically means that Reid can put something in
the Agricultural zone that wouldn’t ordinarily belong in that zone.
Stacey Graus, attorney for Reid, told the court that his client started the business in 2008, and
expanded, now having 8 or 9 employees, and 15 to 24 vehicles for his excavating business. A feud with
a neighbor, John Helmer, resulted in a complaint being made to the Planning Commission, which then
led to a lawsuit. He said the court approved another similar zone change in Verona. He denied that a
statement from the planning commission calling this change spot zoning was true.
“You heard that the commission voted 7 to 3 to deny the application, but the committee voted 3
to 1 to approve it with conditions that we agreed to,” said Graus.
He said that while there are several vehicles for the business, they are usually not on the
property.
Christopher Marcus spoke for John Helmer, and he said that the operation of a busy excavating
company with large noisy equipment doesn’t belong in the agricultural zone.
“The planning commission got it right,” he stated. “The proposed amendment must agree with
the Comprehensive plan.”
He explained that Big Bone was just north of the property and the land is mostly rural land with
some developmentally sensitive.
“He must follow the zoning regulations,” said Marcus. “Those rules should apply to everyone. This is about land use, and application of the zoning regulations, not a popularity contest.”
He referred to the fact that several neighbors came to testify to Reid’s character. He also pointed
out evidence that Reid has violated zoning ordinances many times.
Dwight Workman spoke up, saying Reid is always there to help people, and he disagreed with what John Helmer said about the case not being a witch hunt.
Suzanna Kidgins, who lives on Cleek Road, talked about the one lane road where the school bus
has to move over for the big trucks which travel about 45 mph as they go from Webb road to Cleek road
to US 42.
Rob Turner, who also lives on Cleek road, contradicted his neighbor, saying the trucks don’t go 45
mph, and he stated that trucks from John Helmer’s plumbing business go out day and night.
John Helmer told the court that he has tolerated this business for too many years. He said that
the tri-axel trucks run all day long, and trucks dump stuff on Reid’s property, where he claimed it would run off into the creek which runs across his property.
Adam Reid refuted the statement, saying he wouldn’t put anything bad in the creek because his
cows drink from the creek. He said his trucks only dump clean fill, and stated that excavating is the way that he farms.
Other people spoke, but when it came to the commissioners, many questions were asked about the business, when it started, and if the expanded business made it non-conforming.
Commissioner Chet Hunt asked if there were grandfather laws that would apply to the land in
question, and was told no, there are none. Hand said he was sympathetic to Reid’s way of farming.
“In terms of what we are allowing in the future to occur back there, I don’t think that the industrial or commercial type activities is what we are — that wasn’t our vision for the future in that area, it was more agricultural, low density estate type residential intent,” he said “I’m fine with moving forward with the first reading of the ordinance as drafted.”
“I agree with commissioner Hand,” said Commissioner Jesse Brewer.
The ordinance was read, and the second reading will be on December 5, when commissioners will again discuss the matter and make a final decision.
Judge Executive Gary Moore specified that a decision would have to be made before January 2,
or the Planning commission’s decision will stand.
Moore said they have to follow the state rules on land use, and those laws are very succinct so
there is very little room, so that is what they have done. He said it might be different if they were only discussing Reid’s business and his character, but that was not the point of the discussion.
Once again, the presentation increased the time of the meeting by almost an hour and a half, but
it is hoped that the issue is understood better by the people.