Zoning hearing board approves special exception for contractor’s yard
The Fayette County Zoning Hearing Board on Wednesday approved a special exception that will allow a contractor’s yard in Perry Township at a location where a building was constructed illegally.
The board unanimously granted a special exception to Miller and Roebuck Inc. for a contractor’s yard and variance from maximum acreage requirements on property zoned A-1 (agricultural rural) for a one-acre lot. Betty Roebuck of Vanderbilt owns the Virgin Run Road site.
The zoning board stipulated that the property must be surveyed, only stone veneer can be stored, the building must have a Uniform Construction Code inspection, necessary building permits must be secured, all state and federal regulations must be followed and it can only operate from 8:30 a.m. to 4 p.m. weekdays.
Approving the motion were Jim Burns, Paul Bortz Sr. and Mark Rafail.
John Roebuck, Betty Roebuck’s son, testified that he and Sean Miller operate Laurel Mountain Stoneworks, where they manufacture stone veneer.
John Roebuck said the business is moving to Franklin Industrial Park on Route 51 this month and the Virgin Run Road site only will be used for inside storage. He said he has obtained a highway occupancy permit and was notified in March that he had constructed a building without a permit and has been trying to comply by seeking a special exception.
The site, which had restrooms and an office, no longer will be used in that capacity and no tractor-trailers will be brought to the site, John Roebuck testified.
Several neighboring property owners attended the hearing to object to the request.
Ron McGill testified that the building at the site is only about 5 feet from his property.
Lynne Roy said she has concerns that the stipulations won’t be followed based on the fact that the operation already has been running without proper authorization.
“None of the rules have been followed up to this point,” Roy said.
John Roebuck said he didn’t believe he had to obtain a permit before constructing the building or the two additions on it.
Zoning enforcement office Lloyd “Buddy” Eicher testified that he first sent an enforcement letter in 2009 for the building and an in-ground pool, and spoke with Betty Roebuck, who said the permits would be obtained. They were not and the second enforcement notice was sent earlier this year.
John Roebuck’s attorney, Richard Bower, said the permit applications are being completed and added that his client is attempting to come into compliance.