Zoning bid on Highway 44 West faces hurdle

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By The Staff

SHEPHERDSVILLE - For the second time in the past 10 years, owners have attempted to rezone a home and yard to commercial property.

Sitting along Highway 44 West in Shepherdsville in the midst of other businesses, one might think that Jeffrey and Louie Sherrard would have no problem receiving the B-2 Central Business zoning.

However, figuring out a way to access the property has stalled plans once again.

The Bullitt County Joint Planning Commission listened to testimony from the applicants, as well as several surrounding property owners and determined more information was needed before a recommendation could be given. The matter was tabled until the Sept. 10 meeting.

Louis Sherrard said there were no immediate plans for the property. He envisioned office space in the home.

In looking around the area, he said most of the property was used for commercial purposes.

“It’s a commercial area,” Jeffrey Sherrard said of the tract just west of Buckman Street.

However, several others weren’t so sure.

Walter A. Sholar, whose private law office is located just east of the property, said he purchased his property in 1989 and that included land across what is now known as Jean Hatzell Way.

In order for the occupants of the home to gain access to their garage, Sholar said he granted a 12.4 foot access point. That is the only access to the Sherrard property.

In 1999, a similar request was denied due to the access issue.

“The parking is the issue,” said Sholar, who was concerned that the customers of that business would be using his parking spots which run on the west side of the alley.

He said the access granted to the garage was for a residential use and he didn’t want to get into fights over parking if a commercial establishment started.

Glenda Heath owns the home to the west of the Sherrard property. Her biggest concern was additional drainage running to her back yard if a parking lot was installed.

She said the property is already wet and it would get worse with the additional runoff, ultimately damaging the home.

Jeffrey Sherrard said his property is not causing any drainage issues for the neighbors.

He said the property is near a major intersection and there is plenty of business in the area. The additional office space would be good for the city, he added.

To gain access, he said the garage could be taken down.

However, commissioner Larry Watkins said there would be no way to have more than one car enter or leave the parking area at a time. Also, the pavement would cause additional runoff for the neighbors.

If Sholar wanted to put a fence to the every edge of the access point, Watkins said he could. And that would make it very difficult for trucks to get into the parking area.

Watkins recommended tabling the issue until the Sept. 10 meeting. He also recommended the applicants talk to the state Department of Transportation to see if an access off Highway 44 West would be granted.

Also, a request would be made for the commission to retain outside legal counsel since its attorney, Rob Flaherty, is employed as a prosecutor in Sholar’s county attorney office. The first request would be Bill Wilson, city attorney for Shepherdsville since any recommendation would go to that city’s council for a final decision.

In other zoning cases:

*Marvin Scott and Jennifer Lynn Hallinan received a favorable recommendation to rezone 2.7 acres from Agriculture to R-1 Residential off Greenbriar Road.

Bullitt Fiscal Court will make the final decision.

*Pristine Properties and Development received approval on its subdivision plan on four lots off Nancy Drive in Shepherdsville.

Townhomes would be built on the property off West Blue Lick Road.

*Bethel Branch Homeowners Association received approval for its revised subdivision plan.

Attorney Eric Crump said the original plan had a playground but the land is not suitable. The change would be to give the land back to the property owners, who would be responsible for maintenance.

The only question on the 12 lots was a clarification needed for one tract.

*R. Miles Properties received approval for its 52-lot development called the Villas at Mallard Lake.

Rick Taylor said the revision would decrease the plan from 54 to 52 lots. And there will be six-plex units instead of four-plex structures.

*The board of adjustment approved a conditional-use permit for Teresa Carper for her in-home day care facility on Old Preston Highway.

Under new state regulations, in-home day cares must receive zoning approvals.

*Tabitha Butler Cummings received approval for a conditional use permit for an in-home day care in Hillview.

*Dustin Cook Builder received a variance to allow a home to sit on two lots in Floyds Fork Estates.

The next meeting of the Bullitt County Joint Planning Commission will be at 7 p.m. on Thursday, Sept. 10, at the courthouse annex. The board of adjustment meets at 6 p.m.

The public is invited to attend.