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BZA grants conditional use for Emerald Grading and Seeding on rural property with after‑the‑fact permit condition
Summary
The Board approved a conditional use (CDU‑25‑1) allowing Emerald Grading and Seeding to operate a rural general contractor business from 8821 W. Elvern Road (AGR zoning), subject to after‑the‑fact permits for unpermitted structures and standard site plan reviews.
The Monroe County Board of Zoning Appeals voted 5–0 to approve a conditional use application (CDU‑25‑1) allowing Emerald Grading and Seeding, Inc. to operate as a rural general contractor from a 12.14‑acre AGR (Agricultural Residential 2.5) parcel at 8821 West Elvern Road.
Planning staff described the business as owner‑operated with three full‑time employees who report directly to jobsites (no employee parking stored on‑site), and noted that some storage structures and improvements on the property were built without prior improvement location permits. Staff presented the conditional use standards from Chapter 8.11 and recommended approval subject to conditions, principally that the petitioner obtain required after‑the‑fact permits for structures that should have been permitted.
Owner and petitioner Jake Stevenson told the board Emerald Grading and Seeding has been in business since 2001 and that the property is the company’s primary residence and equipment storage. Stevenson said customers do not visit the site and that he keeps vehicles and equipment secured. He confirmed he will comply with the conditions outlined by staff and obtain required permits.
A neighbor provided public comment in support, saying the petitioner has maintained the property and helped neighbors with drainage and site work. The board noted that conditional uses of this type require commitments that the owner reside on site and that screening and buffering requirements be satisfied during commercial site plan review.
The board approved the conditional use 5–0 with a single condition listed in staff’s recommendation: the petitioner must secure all necessary after‑the‑fact permits for structures on the property that would normally require improvement location permits. Planning staff will review the commercial site plan and coordinate with the county highway engineer and stormwater program manager on access and drainage requirements.
