Bardstown City Council reviews possible zoning regulation changes

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Wednesday, July 15, 2015, 12:05 a.m. — The Bardstown City Council members helping revise the joint city-county zoning regulations presented the full council with two versions of a new regulation aimed at insuring structures are built in the right location on a tract of land.

Councilman Fred Hagan discusses proposed zoning regulation changes at the Bardstown City Council’s regular meeting on July 14, 2015.

Buildings are sometimes built on portions of a building lot where they do not belong due to lot setbacks or other restrictions. A Bardstown auto parts store was built in the wrong location on its lot; the problem also extends to single family homes, councilmen Fred Hagan told the council.

Hagan and councilman Bill Buckman are city’s representatives of joint city-county zoning regulations review committee.

The proposed zoning regulation Hagan presented to the council would require an as-built footer survey for new buildings being built for professional office, commercial or industrial use, or those that require a variance. The requirement means buildings built for those uses would have to have a licensed land surveyor certify the structure is being built within the tract’s boundaries and setbacks.

A public hearing for the rule change to require a footer survey for professional, commercial or industrial buildings is already scheduled for Tuesday, Jan. 28, Hagan told the council.

Councilman Bill Buckman explains his opposition to the alternate zoning regulation change under consideration.

Hagan said the city has an opportunity to adopt an alternative version of the regulation that would expand the footer survey requirement to include all new residential structures or home additions in the city. Like the other proposed regulation, this one would require that a licensed surveyor certify that the foundation of the home or addition was within the boundaries of the lot and its setbacks.

Hagan explained that the alternative regulation would protect the property owner and the builder, and make it less necessary for the Bardstown Board of Adjustments to deal with the problems created with homes and additions aren’t built where they are supposed to be. In a follow-up email, Hagan said his comments weren’t an endorsement of the alternative regulation, only an explanation of a possible benefit.

Buckman said he did not support the alternative version of the regulation because it would force people to spend hundreds of dollars to pay for a survey of their property. “To me its the homeowners’ responsiblity or the builder’s to know where the property lines are,” he said.

Mayor John Royalty agreed with Buckman, adding that he understood the reason for the change. “I think it would be unfair to punish everyone to do this,” he said. “Planning and zoning or the board of adjustments should do their job.”

Hagan said the purpose of presenting it to the council was to get their input on the proposed regulation.

Councilman Francis Lydian gestures during Tuesday meeting of the Bardstown City Council.

Certain structures would be exempt from the alternative regulation: accessory buildings smaller than 200-square-feet; agricultural buildings; single-wide manufactured homes in a mobile home park; and any structure when the site plan shows setbacks to be double those required by the zoning regulations.

BUDGET FLAP. Councilman Francis Lydian told the council that he would not approve the minutes of the council’s June 23rd meeting because at that meeting, the council approved a budget that was not presented at that meeting.

Lydian said the budget presented June 23 was significantly different than the one the council approved on first reading June 9. At the June 23 meeting, Lydian alerted the council that the budget presented that night had changed from the budget approved on first reading.

After a review of Lydian’s claims and additional discussion, Chief Financial Officer Tracy Hudson told the council that the budget numbers on the June 9 budget were changed because the E-911 Dispatch budget showed a deficit. Approximately $42,000 was transferred from the city fire department’s unrestricted reserves and added to the dispatch center’s budget in order for its budget to balance.

Councilman Fred Hagan then changed his motion for approval of the budget presented at the June 9 meeting, which was approved in a 5-1 vote.

Councilmen Bobby Simpson and Bill Buckman speak briefly prior to the start of Tuesday’s city council meeting.

Lydian maintained that the budget that received final approve June 23 was the altered one, and after considerable discussion, he said he would contact the office of the Kentucky Attorney General for an opinion on the matter. He and Councilwoman Kecia Copeland voted against approving the June 23 council meeting minutes.

REZONINGS. The Bardstown City Council held first reading on two rezoning recommendations from the Joint City-Council Planning Commission.

The first zoning change will allow a new business to serve alcohol by the drink at 112 North Third St. The new business will offer craft beer and distilled spirits by the drink.

The second zoning change affects a 2.943-acre vacant tract next to the El Jimador restaurant off Granite Drive. The developer plans a restaurant that will sell liquor by the drink.

In other business, the council:

— approved the requested street closures for the 2015 Arts, Crafts and Antique Fair, Oct. 10-11, 2015. The closures include Fifth Street between West Stephen Foster and Broadway; Fourth Street from the Knights of Columbus building to Broadway; all of Xavier Drive; and Flaget Avenue from Fourth to Fifth Street.

Bardstown Fire Chief Marlin Howard asked as a condition of the closures that organizers allow enough room for emergency vehicles to pass through the area if it becomes necessary. The closures begin at 6 p.m. Friday. Oct. 9 and will continue through 8 p.m. Sunday, Oct. 11.

— reappointed Tiger Huston to a three-year term on the city’s cable TV programming committee.

— gave the mayor the authority to sign a check for $27,500 that represents the final settlement the lawsuit Scott & Ritter vs. City of Bardstown.

— conducted an executive session regarding industrial recruitment efforts.

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