By Rachel Aretakib, 08.15.13, Kentucky.com
A Fayette County judge on Thursday ordered Burgess Carey to cease offering canopy tours at Boone Creek Outdoors.
In the latest development in a two-year dispute between Fayette County regulators and the outdoor recreation center, Fayette Circuit Judge James Ishmael Jr. granted injunctive relief to the county government, ordering Carey and Boone Creek Properties to fully comply with a conditional-use permit issued in 2000.
“What we need to do is basically hit the pause button as far as where we are right now,” Ishmael said at the hearing. However, he said he would not order Boone Creek to take down its zip lines pending consideration of other appeals. Read more at Kentucky.com
On Friday, May 30th, the LFUCG Board of Adjustment determined that Boone Creek Adventures has been operating a canopy and zip line tour without proper zoning permits for the past several weeks. Boone Creek Adventures is located in SouthEastern Fayette County, in the KY River palisades area.
Citing the need to enforce planning and zoning processes in the interests of public health, welfare, and safety, the Board of Adjustment issued its ruling and will determine sanctions against Boone Creek Adventures in the weeks to come.
Click here for the “Notice of Violation” issued by the City, and affirmed by the Board of Adjustment, against Boone Creek Adventures.
You can view Fayette Alliance’s complete position statement on this issue here, and we will keep you apprised of all developments at fayettealliance.com.
Op-Ed, 05.31.13, Kentucky.com
We know it’s not sexy; no one will be wearing a T-shirt at the Board of Adjustment meeting today promoting the glories of zoning restrictions.
But that is the process that has protected Fayette County’s rural areas from sprawl, raw sewage and other visual and environmental degradation.
And for that reason, it’s the right — if unpopular — thing for the Board of Adjustment to deny Boone Creek Adventures’ appeal of a notice to stop operating an unauthorized canopy tour.
That administrative ruling, however, does not mean the city should then take immediate steps to shut the business down. That’s because proposed changes to the city’s zoning laws introduced this week, if enacted, would allow a canopy tour as a conditional use on Boone Creek’s land.
However, even if the city allows the tours to operate, it must impose strong penalties on owner Burgess Carey for knowingly, willingly violating current zoning laws…Read more at Kentucky.com
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