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Fayette County denies appeal to allow nearly completed home in watershed buffer; board cites public-safety and liability concerns
Summary
The Board upheld staff's denial of a watershed buffer/setback variance for 170 Laydon Avenue after hearing that the structure encroached about 92% into the buffer/setback. The motion to overturn the denial failed 2-3; a motion to uphold passed 3-2. Appellant counsel said the homeowner faced extreme hardship and offered a mitigation plan.
The Fayette County Board of Commissioners on Oct. 23 voted 3-2 to uphold an Environmental Management Department denial of a variance request for 170 Laydon Avenue, where a nearly complete house was built largely inside the county's watershed buffer and setback.
Rick Lindsy, representing the property owner, said the appeal was born of hardship. "On behalf of my client I come to the Board hat in hand," Lindsy told commissioners, saying the owner's health issues and construction financing left him unable to demolish or relocate the structure. Lindsy said a mitigation plan with plantings and wetland vegetation was prepared to address…
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