Applicants withdraw rezoning request after county staff finds parcel is an ‘illegal’ remnant

At the March 28 Fayette County Board of Commissioners meeting, Planning and Zoning Director Deborah Bell told the Board that staff research indicated the 2.14-acre parcel in Petition No. 1338-24 was a remnant parcel from a 1987 plat and should be treated as an illegal lot. Bell said staff’s recommendation was denial and that the parcel should first be presented to the Zoning Board of Appeals under Sec. 110-242 to determine nonconforming status before rezoning.

Petitioner representative Randy Boyd told the Board he had repeatedly disclosed the lot’s nonconforming status during earlier steps in the application process and expressed frustration that the issue was not raised earlier. Boyd asked why the issue had been delayed in the review process and requested withdrawal of the petition. County Administrator Steve Rapson acknowledged the county missed the issue in earlier reviews and said the process has been modified to help prevent future oversights. Boyd asked whether the county could refund the application fee; Rapson said legal advised against a refund.

Commissioner Charles D. Rousseau moved to approve the applicants’ withdrawal of Petition No. 1338-24; Commissioner Charles W. Oddo seconded. The motion passed 5-0.

Planning staff also enumerated conditions that would apply if the parcel were later processed for rezoning, including right-of-way dedication, multiple setback variances, building-permit deadlines and removal timelines for accessory structures. Staff advised that those substantive deficiencies must be resolved before a rezoning could be granted.