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County BZA denies petition to re-open hearing

By Staff | May 25, 2012

The Jefferson County Board of Zoning Appeals (BZA) denied a request last week made on behalf of Twin Oaks Subdivision for Morgan’s Grove Market to re-open a hearing the group had previously ruled upon.

Linda Gutsell, counsel for the Morgan’s Grove Market and Twin Oaks, requested to have the hearing re-opened citing additional evidence. The BZA had ruled on the Conditional Use Permit (CUP) for the property adjacent to Morgan’s Grove Park. In the approval of the CUP, the appeals board stipulated that the developer must hook up to town water and sewer. Gutsell argued last week that “evidence does not show that that will be available.”

Gutsell went on to question whether the board meant to say that the developer would connect if the connection was available.’

“Either correct the wording or re-open the hearing,” she said.

Gutsell and developer Peter Corum also expressed the opinion that the footprint specifications that will allow no more than 20 percent of a space for one use may inhibit the growth of successful businesses in the project area.

Another issue Corum brought to the forefront in the request to re-open the hearing was whether a business would have to adhere to the stipulations made by the BZA if that business fell into an acceptable use in the rural zone, the zone the property currently sits in. Gutsell argued that a permitted use in the rural zone could not be limited by CUP stipulations. County attorney for the BZA, Steve Groh, disagreed with that interpretation of the law saying that the CUP was granted for the entire property and those stipulations apply to the entire property.

Following deliberations, the county’s board returned to announce that they denied the re-opening of the hearing.

“We conclude that the party has not adequately shown why evidence was not adequately shown at the initial hearing,” said member Christy Huddle. The vote was 3-1 with Tyler Quynn voting against the denial.