Landlord’s zoning applications end wheelchair ramp controversy
By JIM BROOKS
Nelson County Gazette
This ramp was built to give 6-year-old Faith Gregory a way to get in and out of the Henrytown home. The ramp was deemed out of compliance with planning and zoning regulations because it was built without a permit and violated the 25-foot construction setback. The landlord has applied for the needed permits that will allow the ramp to stay. Click to enlarge.
Wednesday, Oct. 9, 2013, 5:30 p.m. (UPDATED 7 p.m.) — A little girl’s handicapped ramp will remain in place now that the man who owns the home where her family lives has applied for the needed building permit and a variance.
Property owner David G. Newton filed the needed paperwork at the office of the Joint City-County Planning Commission Tuesday afternoon and paid application fees totaling $237.50. Newton’s actions mean the commission will take no further enforcement action regarding the ramp.
According to planning and zoning Director Jan Johnston-Crowe, Newton apparently never received the commission’s first two letters regarding the ramp because the letters were sent to the rental property address.
A third letter — from Michael Coen, the commission’s legal counsel — was the first letter Newton received regarding the ramp. That letter was also mailed to the rental property address. On Oct. 3rd, Newton visited the planning and zoning office to discuss the matter.
The problem with the ramp centered on the fact it was built without a permit, and its placement violated the 25-foot construction setback for the property. The little girl’s mother, Stephanie Hadley, and her husband were the topic of Louisville media attention, including WHAS TV and a segment on WHAS radio.
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 Aug. 12, 2013 |
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By early Tuesday afternoon, Johnston-Crowe said she received numerous phone calls from people who wanted to pay the fees to secure the needed permit and variance.
“I have had to tell people I can’t take any money without the property owner’s signature on the paperwork,” she told the Nelson County Gazette.
Callers to WBRT’s “Brooks & Company” radio show Tuesday morning vented their anger over the situation at the planning commission, Bardstown Mayor Bill Sheckles and the Bardstown City Council.
“It’s all about the money,” one caller said, adding that he believed construction of a handicapped ramp shouldn’t need a building permit.
In a prepared statement at Tuesday night’s Bardstown City Council meeting, Mayor Bill Sheckles said the ramp issue was over, and noted that despite media and social media reports to the contrary, there were never any plan to remove or demolish the ramp after this Friday’s deadline.
Johnston-Crowe said the commission has the responsibility to enforce the zoning rules and regulations, and state law sets forth enforcement procedures the commission must follow. The commission staff are not allowed to go on private property to remove structures that are not in compliance.
In the case of the ramp, the next step would have been for the entire planning commission to vote later this month to authorize court action on the matter.
Now that the landlord has applied for a permit and variance there will be no further enforcement action, Johnston-Crowe said. The issue now goes before the Bardstown Board of Adjustments, who will consider the application for the variance. Once a variance is granted, a zoning compliance permit will be issued.
The Bardstown Board of Adjustments will next meet Tuesday, Oct. 22, 2013.
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