Oldham County commission approves waiver to allow fifth parcel on private access easement at Liberty Lane

The Oldham County Planning and Zoning Commission on July 22 approved a waiver permitting a fifth parcel to take access from a private access easement at 1900 Liberty Lane in Goshen, concluding Docket PZ-25-018 with an 11-0 roll-call vote.

The commission voted to grant the waiver after hearing staff presentation and testimony from the applicant and landowners. The motion to approve was made by Commissioner Jones and seconded by Commissioner Davis; the motion cites that strict compliance with the subdivision regulation would create an undue hardship and noted there was no public opposition. The waiver approval is limited to the plan reviewed at the July 22 hearing and carries multiple conditions before any building permit may be issued.

Staff planner Sandy Brook (Planner I) told commissioners the property in question is a 10.35‑acre parcel in the AG‑1 (agriculture) zoning district. The applicant proposes a minor plat to create a roughly 1‑acre tract; creating that lot would increase the number of parcels taking access from the existing private access easement (Liberty Lane) to five, while Oldham County subdivision regulation section 5.7(e) generally limits access from a single road/private road to three parcels. Brook said the applicant will prepare a minor plat and a shared road maintenance agreement among the affected properties.

County engineer Jim Silliman answered questions about where county maintenance of Liberty Lane ends and said the segment under discussion is not county‑maintained and appears, in county records the staff reviewed, to be a private access easement. Brook told the commission public notices were posted June 25, mailed to adjoining property owners June 26 and published in the Oldham Era on July 3.

Irv Turpin and his daughter, applicant Jennifer Turpin, testified that former plats and past practice led them to believe Liberty Lane extended past the property, and they described confusion when county files later showed the county’s maintenance and recorded right‑of‑way ending earlier. Irv Turpin said the family previously owned a larger tract and sold off a 3‑acre parcel in the past; Jennifer Turpin said she wants to build a house to be near aging parents. The family testified there was no nearby residential property that would be affected by the additional lot; staff and commissioners noted no members of the public appeared in opposition.

Commissioners discussed whether the record provided adequate justification for a waiver. Legal counsel reminded the panel that under KRS 100 the applicant must present arguments showing either that strict compliance would create an undue hardship or that design innovations achieve the intent of the regulations without circumventing them. Commissioner Jones’s motion found an undue‑hardship justification based on the applicant’s testimony about when the property was purchased and how the road designation changed.

The commission approved the waiver with these conditions: (1) the waiver applies only to the plan reviewed at the July 22 hearing; (2) a minor plat application and survey must be submitted to staff for review and approval prior to any building permits; (3) a shared road maintenance agreement must be prepared, agreed by all affected parties and recorded with the minor plat; and (4) the applicant must obtain a road‑frontage variance from the Board of Adjustments because the proposed tract will not be on a county‑maintained public road and would otherwise need the required frontage for access. Staff said the minor‑plat review will route the application for agency review, addressing addressing, fire protection and related requirements before final approvals.

The roll call recorded commissioners as voting yes: Hedger, Marsh, Walzer, Nassar, Klingenfoos, Jones, Hampton, Finney, Krauss, Elder, Douglas and Davis; the staff announcement stated the motion passed 11‑0. After the vote, staff said additional procedural steps — plat submission, maintenance agreement and Board of Adjustments approval — remain before any building permit is issued. The commission adjourned after staff noted a possible closed session at a future meeting to discuss pending litigation labeled the "Sonanza" case.

The commission’s finding was limited to the waiver requested today; any future subdivision, plat approval or construction remains subject to the county’s standard review and permitting process.