Zoning change appeal rejected

Andy McDonald
Special to the Register

BEREA December 05, 2007 07:51 am

— Berea City Council voted Tuesday night to affirm a decision that rejects a proposed zone change on Chestnut Street.
Insurance agent Sammy Castle asked the council to overturn a Sept. 25 decision by the Berea Planning and Zoning Commission that rejected a zone change request at 627 Chestnut St. from R-1 (single family) to P-1 (professional).
Castle said he intended to renovate the dilapidated house and use it for his business. In September, the zone change was voted down by a 4-2 vote.
In a hearing Tuesday night, Castle urged council members to reject the planning commission’s ruling, noting he intended to improve the house and enhance the surrounding neighborhood.
“I just think this way it could be an asset to the street and Berea to fix up this house,” Castle said.
In an Oct. 30 letter to Mayor Steve Connelly, Castle stated the property had been vacant for eight years because the owners were unable to find a buyer. Castle said without a zone change, the house likely would continue to stand vacant and deteriorate.
But neighboring residents disagreed that rezoning the home to P-1 would enhance the quality of the neighborhood. Ralph Steinbrickner, who is rebuilding his house at 608 Chestnut St., said the city needs to draw the line on allowing businesses to settle on what has been a historically residential street.
“We are residential. We do not want a business,” Steinbrickner said. “What I’m seeing is a movement toward turning Chestnut into professional. Why take the gateway of Berea and turn in from residential to professional?”
City Attorney J.T. Gilbert said in order to approve Castle’s request, the council had to determine that the proposed rezoning was consistent with the adopted Comprehensive Plan, or that current zoning was inappropriate for the existing property or that major physical, social or economic changes had occurred in the area, which justified a rezoning of the property.
But Councilman Glenn Jennings said he could not justify overturning a planning and zoning commission decision because Castle’s request did not meet any of the criteria for a zone change.
“I’m sympathetic with Mr. Castle, but I have a hard time saying anything should be changed from residential,” Jennings said.
The council voted to uphold the planning and zoning commission’s decision and reject the proposed zone change in a 4-2 vote. Vi Farmer and Greg Lakes cast the dissenting votes. Farmer expressed doubts that a residential buyer would be interested in purchasing and improving the property.
In other business, the council:
• Heard the first reading of an ordinance that would close half of Short Street, from Jackson Street to Prospect.
Berea College President Larry Shinn said the closure of part of Short Street will aid the $9.6 million renovation project for the Boone Tavern Hotel, which will expand the kitchen, dining areas and add expanded capacity for conference facilities. Rooms on the second and third floors of the historic hotel also will be renovated. The improvements will help elevate the Boone Tavern Hotel to a four-star hotel, Shinn said.
The college is proposing moving the main entrance of the hotel to what currently is considered the back of the building, adding a portico, garden, pedestrian walkway and a turn-around for tourist buses. The closure of the hotel, which will be from January until March, is expected to cost the college approximately $300,000 in lost business, Shinn said.
In a work session before the business meeting, traffic engineer Michael Mayer, of H.W. Lochner, Inc., said traffic modeling indicates the closure of Short Street will not significantly impede the flow of traffic around the hotel.
“My conclusion would be that the closing of Short Street would not have a material impact on the level of service in the area,” Mayer said.
• Opened bids for the construction of Mayde Road, which will include three lanes and curbs and gutters. Bids were submitted by: R.G.F. Inc., $3,959,777; Music Construction Co., $3,396,783; Woodall Construction, $3,316,806; The Allen Co., $2,930,447; and Bluegrass Contracting, $2,886,616. The council voted to refer the bids to the Finance Committee for further review.
• Heard the first reading of an ordinance to annex a one-acre parcel of land on Menelaus Road. The property is owned by Troy and Jessica VanWinkle.
• Adopted a resolution for Connelly to execute an agreement with the Kentucky Transportation Cabinet for the landscaping of the exit at the intersection of Interstate 75 and KY 595. The cost will be $10,000, which will be reimbursed by the state.
• Gave approval for Connelly to execute a supplemental agreement with the Kentucky Transportation Cabinet for the design of a shared-use path on the Berea Bypass from US 25 to KY 21. The value of the supplement is $68,539.
• Voted to offer a $500 reward for information leading to the recovery of part of the statue in the new park at the corner of Chestnut Street and Boone Street. A bronze figurine of a little girl was stolen from the statue early Monday, city officials said.