Two months after the initial request, the Jessamine County-City of Wilmore Joint Planning Commission granted a variance and a final plat application for property on Creek Ridge Drive.
The request for a road-widening variance came with the application submitted by David and Catherine Thomas to divide 66.92 acres into five lots, four of which would be included in the Bethany Woods subdivision.
While property owners can be required to widen roads when they create multiple lots along the road, the variance was requested under the grounds that the property was located at a cul-de-sac and that further development was unlikely.
The commission had tabled the matter at two previous meetings because of a court order against a previous owner, Ed Christian, that restricted accessing the property from Creek Ridge Drive.
Before discussing the matter at its meeting Tuesday, May 10, the commission voted to authorize commission attorney Bruce Smith to sign an order that set aside the default judgment so it could discuss approving the plat.
“It’s merely a legal hurdle to get to a decision on the plat, which is what I consider to be the merit of the matter,” Smith said. “At this point, if the commission wants to untie its hands to consider the merits of the matter, I would suggest you do that; it’s in your power to do that.”
Bill Gardner, the executor of Ed Christian’s estate, said the court order had an “adverse effect” on the sale of the property and implored the commission to consider his position and to apply the same rules to the current owner as had been applied to the previous owner.
“I don’t have anything against [David Thomas] for trying to be an entrepreneur and develop his property; I’m just asking you to view it from from your standpoint how you would feel, and I would just like to ask for some equality,” Gardner said.
None of the commission members offered any comments after Gardner spoke. Charles Fuller made a motion to approve the variance and the final plat application; John Osborne seconded the motion; and the commission approved it unanimously.
Also at the meeting, the commission approved changes to ordinances and regulations that allow letters of credit in addition to bonds to be used as collateral.
