Board of Adjustment Meeting - Part 1

Summary

Meeting Overview

The Urban County Board of Adjustment met on February 11, 2011, at 1:02 p.m. at 200 East Main Street in Lexington, Kentucky, with Louis Stout presiding. The board addressed six agenda items during the session, including a continuation of a conditional use appeal, election of officers, and procedural matters. The board took one motion and vote during the meeting and heard 18 public comments. Key actions included denying a Conditional Use Appeal (C-2010-110) for Vulcan Construction Materials, LP, and approving the election of officers and the next meeting date, while deferring consideration of a possible by-law revision.

Attendance

Present: Louis Stout, James Griggs, Kathryn Moore, Jan Meyer, Noel White, Thomas Glover, Jim Hume, Chuck Saylor, Jim Gallimore, Capt. Charles Bowen, Rochelle Boland, Bill Sallee, Barbara Rackers, Jim Marx, and Wanda Howard.

Absent: Barry Stumbo.

Votes and Decisions

A motion to approve a conditional use permit for underground limestone mining on properties at 7200, 7210, and 7230 Turner Station Road failed by voice vote 1:00:00.

The proposed approval included the following conditions:

• Mining limited to the southerly half of the proposed area
• 200-foot setback from Elk Lick Creek and impoundment
• Storm water management plan required
• Compliance with Mining/Quarrying Ordinance and federal and state regulations
• Blasting limited to once per day
• No concurrent mining at depths greater than level 2 on 7430 Elk Lick Falls Road
• All mining at level 2 depth of approximately 300 feet

The motion did not pass.

Public Comment

During the public comment period 1:00:00, eighteen speakers addressed the board with concerns and support regarding the proposed mining expansion.

Opposition to the Expansion

Multiple residents raised safety and environmental concerns. Wendy Trimble, a cyclist and resident, opposed the expansion due to increased gravel truck traffic on Old Richmond Road, citing dangers to cyclists and incompatibility with the road's status as a scenic byway and designated bicycle route.

Gloria Martin, former Board of Adjustment member and mining ordinance committee chair, argued that Vulcan has operated illegally since 1991 and failed to comply with the Mining/Quarrying Ordinance, never obtaining a valid conditional use permit. William Brown, a mining engineer and former committee member, stated that Vulcan failed to submit required documents including a mining plan, reclamation plan, transportation plan, and performance bond.

Dr. Andy Roberts, a veterinarian and horse farmer, testified that the expansion is incompatible with agriculture and threatens his livestock and water resources. Nancy Robertson reported that her home required a $4,500 foundation lift in 2001 due to blasting vibrations. Jim Lerton presented evidence that a wall on his home failed in 1988 from mining vibrations.

John W. (Bill) McCord, Jr., a long-time farmer, described multiple sinkholes on his property and cited USGS and Kentucky Geological Survey reports linking mining to sinkhole formation. Stacy Brown reported a recent sinkhole on her family farm where a calf fell in.

Dr. Charles Martin highlighted unsafe truck operations, including unsecured loads and use of undesignated roads. Ann Graff presented evidence that Vulcan's discharge monitoring reports were falsified, with visible discharges despite no reported discharge. Lowell Yandel described inadequate fire hydrants and emergency services in the area.

Walter Hillenmeyer, representing Fayette County Farm Bureau, opposed the expansion as violating the Rural Land Management and 2007 Comprehensive Plans. Joan Mayer, representing the Iroquois Hunt Club, expressed concern that mining vibrations threaten the historic Grimes Mill and other limestone structures in the National Register district. Knox Van Ogle, representing the Fayette Alliance, argued that Vulcan has operated illegally since 1991 and lacks valid permits. Wayne Mitchell expressed concern that approval would enable Vulcan to shift operations to Richmond Road.

Support for the Expansion

Dennis Anderson, owner of Hidden Haven LLC, testified in support, emphasizing his stewardship of the land. Dick Murphy, representing Anderson, argued that denial would harm regional planning and force longer gravel transportation distances. Warren Hoffman, a long-time Lexington resident and attorney, argued the mine is essential for infrastructure.

Appointments

The following individuals were appointed to the Urban County Board of Adjustment:

• Louis Stout
• Kathryn Moore
• Jim Griggs

Contested Items

The meeting featured three major areas of contention:

Legal Status of Vulcan's Operation

A heated dispute arose over whether Vulcan has operated legally since 1991. Objectors argued that the company has operated illegally throughout this period without a valid conditional use permit. The applicant countered that its existing operation constitutes a legal conforming use and that the Board lacks the authority to deny the application based on past non-compliance issues. This fundamental disagreement about the legality of current operations and the Board's jurisdiction shaped much of the hearing's legal framework.

Environmental and Structural Impacts

Community members presented extensive evidence documenting structural damage, sinkholes, water loss, and vibration impacts allegedly caused by mining operations. Residents opposed the mine expansion, arguing that it would worsen existing environmental harm and create threats to public safety. This opposition was grounded in documented physical evidence rather than speculative concerns about future impacts.

Procedural Fairness and Rebuttal Rights

A procedural dispute emerged regarding the scope of the applicant's rebuttal testimony. The Chair and Board members debated whether the applicant should be limited to responding only to issues raised by objectors or whether they could introduce new arguments during rebuttal. This discussion consumed considerable meeting time as the Board worked through questions about appropriate hearing procedures and the applicant's rights to present their case.

Continuation of Conditional Use Appeal: C-2010-110: Vulcan Construction Materials, LP

The Board continued a public hearing on Vulcan Construction Materials' appeal for a conditional use permit to conduct underground limestone mining on properties at 7200, 7210, and 7230 Turner Station Road [01:00:00].

Objectors' Testimony

Multiple objectors presented extensive testimony raising concerns about legal non-compliance, environmental harm, structural damage, and public safety. Key speakers opposing the permit included Louis Stout, Gloria Martin, William Brown, Dr. Andy Roberts, Nancy Robertson, Jim Lerton, John W. (Bill) McCord, Jr., Dr. Charles Martin, Stacy Brown, Ann Graff, Lowell Yandel, Walter Hillenmeyer, Joan Mayer, Dennis Anderson, Knox Van Ogle, Dick Murphy, Warren Hoffman, and Wayne Mitchell.

Applicant's Response

Vulcan Construction Materials provided rebuttal testimony, arguing compliance with the mining ordinance and asserting the legality of their existing operation.

Outcome

The Board denied the conditional use appeal.

Election of Officers

1:00:00

The Board proceeded with the election of officers for the year as required by its By-Laws. The positions to be filled included Chairperson, Vice-Chairperson, and Secretary.

Key speakers on this matter included Louis Stout, Kathryn Moore, and Jim Griggs.

A motion for the election of officers was made from the floor. The motion passed by voice vote, and the officers were elected accordingly.

The outcome was approved.

Delegation of Secretarial Duties

1:00:00

The Board discussed the delegation of secretarial duties during this agenda item. Historically, these duties have been assigned to the Planning Manager or to a staff member appointed by the Planning Manager.

Louis Stout was the key speaker on this matter. The discussion was informational in nature, with no formal action taken by the Board at this time.

Possible By-Law Revision

The Board discussed the possibility of revising its By-Laws to include guidelines for streamlining cases 1:00:00. The discussion focused on potential procedural improvements, including the implementation of speaker time limits.

Key Speaker: - Louis Stout

Discussion: The Board considered how By-Law revisions might help make case proceedings more efficient. The proposed guidelines would establish parameters for managing meeting time and speaker participation.

Outcome: The matter was deferred for future consideration. No immediate action was taken on the proposed By-Law revisions at this time.

Staff Items

Staff members presented items for the Board's consideration during this portion of the meeting. Jim Marx and Wanda Howard served as key speakers for this agenda item 1:00:00.

The minutes do not provide specific details regarding the individual items that were presented to the Board. This section was designated as informational in nature, with no formal action or decision required as an outcome.

Next Meeting Date

1:00:00

Louis Stout announced that the next meeting would be held on February 25, 2011.

The announcement was approved.