Fayette County board upholds denial of watershed buffer variance for 170 Laydon Avenue in 3-2 vote

Fayette County commissioners voted 3-2 on Oct. 23 to uphold the Environmental Management Department’s denial of a watershed buffer/setback variance for property at 170 Laydon Avenue.

Applicant representative Rick Lindsy asked the Board to overrule Director Bryan Keller’s August 1 denial, arguing the owner, identified as Mr. Beadle, faced an “extreme hardship,” had acted without intent to deceive, and had submitted a mitigation plan involving extensive planting and wetland vegetation. Lindsy said construction began based on survey information and third-party inspections and that the owner faced financial and medical hardships, including a heart transplant.

Environmental Management Director Bryan Keller reviewed the staff denial rationale: the application misstated the applicable buffer, the structure footprint (about 3,800 sq. ft.) was substantially larger than minimum zoning and, based on staff surveys, approximately 33% of the structure was inside the watershed-protected buffer and 59% in the setback, totaling roughly 92% of the structure within buffer or setback. Keller said an alternative buildable area (about 9,900 sq. ft.) existed behind the home and that the violation was discovered after an almost-complete house was observed without required permits, prompting stop-work orders and citations.

Board members debated competing concerns. Vice Chairman Edward Gibbons and Commissioner Eric K. Maxwell argued the appeal process exists to consider hardship cases and said the mitigation plan could address impacts; both voted to allow the variance. Commissioner Charles W. Oddo, Commissioner Charles D. Rousseau and Chairman Lee Hearn expressed concern about setting a precedent, potential liability to the County if non-County inspections are accepted as equivalent to County inspections, and the large extent of encroachment; they voted to uphold the denial.

Assistant County Attorney Ali Cox cautioned that approving the variance after a near-complete build could invite future similar appeals and described attendant legal and reputational risks. County Administrator Steve Rapson and Building Safety Director Leslie Nieber noted there were no County inspections performed because no valid County permit had been issued; third-party certifications were not a substitute for required county inspections.

The motion to approve the appeal (overrule the denial) failed, 2-3. The Board then moved to uphold Environmental Management’s denial (motion passed 3-2). Several commissioners recommended the owner pursue relief through the Superior Court appeal process.