Court uncertain over plan to create Adjustment Board
by Alan Reed
Apr 09, 2008 | 0 0 comments | 4 4 recommendations | email to a friend | print
The Trigg County Fiscal Court tentatively approved the City/County Planning Commission’s request to spin off subdivision regulation issues into a separate Board of Adjustments at its Monday session.

Magistrate Doug Taylor made the motion to approve the spin-off contingent on review and approval of the new panel’s composition and operating requirements.

Planning Commission President Bob Brame said that the new board would be charged with examining subdivision regulations and granting variances on issues such as line of sight, lot size and other technical details in county code.

Brame and the Planning Commission also proposed reducing the number of members of that board from 10 to eight, and placing five members onto the Board of Adjustments. Brame said that two members of the Planning Commission would resign for the new board, two would serve on both boards, and either the city or county governments would select a final member. He added that half of each panel is selected by the city, half by the county, and an odd member, in the case of the Board of Adjustments would be selected by city and county consensus.

According to Brame, the Planning Commission is in a “grey area” in regards to variances, as Kentucky law requires them to be made by an independent board of adjustments. When asked by Taylor if the commission’s decisions could face litigation or nullification, Brame said, “We could. If there have been any variances we have not allowed, if someone wanted to spend some money, they might could do it.”

Magistrates Jon Goodwin and Kevin Terrell abstained from voting to approve formation of the Board of Adjustments. Goodwin said that he felt the boards carried too similar of a membership and would concern builders who were rejected by one group, only to appeal to the same members serving on another board. When asked for the reason for his abstention, he said that he wanted more information on the matter before voting.

The Fiscal Court unanimously approved a motion to reduce the size of the Planning Commission from 10 to eight members, while passing Taylor’s motion to authorize the formation of the Board of Adjustments by a vote of 4-0. Magistrate Donnie Tyler was absent from the session.

The Court also approved granting a contract to the Trigg County Humane Society to serve as humane agents on behalf of the county.

Read this story in Fiscal Court in full in the April 9 Cadiz Record.
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