Oldham County board allows existing barn to remain on Smithfield parcel while owner builds house

The Oldham County Board of Adjustments on Jan. 16 approved a conditional use permit that allows an existing accessory structure (a barn) to remain on a 2.45‑acre parcel at 3926 East Highway 22 in Smithfield while the property owner constructs a primary residence.

John Hein, Planner I with Oldham County Planning and Development Services, told the board the parent tract is about 37.5 acres, zoned AG‑1 with a narrow sliver of Conservation‑1, and that the applicant has submitted a minor plat to divide a roughly 2.45‑acre lot where the barn sits. Hein said the county’s comprehensive zoning ordinance normally prohibits accessory structures from being developed or used before construction of a principal structure, which is why the applicant sought a conditional use permit.

Valerie Shannon, attorney for Exit 17 Properties LLC, said the company prepared the 2.45‑acre plat with the intention to sell the parcel for construction of a private residence. “The only storage use of this property would be associated with work or construction of the residential dwelling grading and site work, and then of course the property owner’s personal uses, but not commercial uses,” Shannon said. She said allowing the existing barn to remain would avoid “wasteful destruction of a building” that otherwise complies with agricultural‑zoning purposes while the primary house is constructed.

Jay Hall, who said he represents Exit 17 LLC, testified the building is in good condition and estimated it would cost about $50,000 to replace. “It’s probably about 25 years old,” Hall said of the structure, adding it has been “maintained in reasonably good condition.”

Board members asked whether there was room to place the future primary residence in front of the barn so the accessory building would meet the ordinance requirement that accessory structures be located behind a primary residence. Shannon and staff said the proposed site plan shows the principal residence can be located to meet setback requirements.

The board approved the conditional use permit by unanimous voice vote. The motion approving the permit included three conditions: the permit applies only to the plan considered at the Jan. 16 hearing; there shall be no commercial use of the existing building and no other commercial buildings shall be constructed on the site; and the minor plat must be submitted to and approved by Oldham County Planning and Zoning staff.

The applicant told the board construction of the primary residence is expected to start in about three to six months. Staff noted the minor‑plat application had already been submitted.

Votes at a glance - OC 25002 (Rutland Road, proposed accessory dwelling unit): motion to table at applicant’s request to allow additional time to consult neighbors; motion carried by voice vote. (Request to table was made by staff; mover identified as “Bill,” second not specified.) - OC 24001 (3926 East Highway 22, conditional use permit for accessory structure without a primary): approved unanimously; conditions: (1) permit applies only to the plan presented Jan. 16, 2025; (2) no commercial use of the existing building and no other commercial buildings on site; (3) minor plat must be submitted and approved by planning and zoning staff.

Background and context Oldham County staff posted notice of the 3926 East Highway 22 application on the county website and placed a public notice in the Oldham Era. Planning staff said a 2018 minor plat previously split a 2.3‑acre parcel from the parent tract; the current minor plat seeks to create the 2.45‑acre parcel that would contain the accessory structure. The county’s comprehensive zoning ordinance requires review and approval of an accessory structure without a principal structure as a conditional use.

Other business The board approved minutes from its Dec. 19, 2024, meeting with one minor grammatical amendment and held annual elections for officers: Larry Otterback was re‑nominated and affirmed as chair; the board affirmed the vice chair and secretary positions by voice vote and appointed Mark (last name not specified) as secretary for the term. The board noted a training session would follow the hearing in a conference room downstairs.