Denny Farms Permit Fate May Be Decided at Planning Meeting - The Missourian: Local News

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Denny Farms Permit Fate May Be Decided at Planning Meeting

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Posted: Saturday, January 18, 2014 12:00 pm

Denny Farms may soon get its conditional use permit situation straightened out.

The farm, owned by Michael and Debra Buchanan, was an agenda item often during 2013 on the agenda for the Franklin County Planning and Zoning Commission.

Four times since June the farm appeared on the commission’s agenda for a proposal to revoke the current conditional use permit.

The revocation issue stems from a May 4 “mudfest.” Residents complained that a large amount of mud was splattered on Rabbit Lane and nearby roads, and that heavy traffic caused a bottleneck on roadways near the farm.

The CUP issue could finally be settled at the Jan. 21 meeting of the commission with Denny Farms once again on the agenda.

According to the meeting packet, Planning Director Scottie Eagan emailed the commissioners Dec. 30 with a list of conditions Denny Farms needs to comply with in order to keep the CUP. No set of conditions were mentioned in the December meeting packet when the issue was tabled.

The issue has been tabled for several months pending a lawsuit filed Sept. 11. Just six days before the scheduled September meeting, the Buchanans filed a lawsuit against Franklin County, planning board members and Eagan alleging that Denny Farms was not given due process as outlined in the county’s unified land use regulations and therefore, the county should not be able to hold a revocation hearing.

The lawsuit alleges that prior to the June and September hearings, Denny Farms was only given a notice of the revocation hearing and the county never gave them a specific time period to rectify any alleged violations stated in the letter.

Also on the agenda for the first meeting of 2014, the commission will vote on a CUP for Available Asphalt and Contracting, LLC. Owner Kent Fults purchased the property located at 133 Green River Trail, about 1,800 feet south of Bend Road, last year and set up shop — unaware he needed a CUP.

Fults made his case for the permit during the December meeting and the issue was sent to the review committee. By a 3-0 vote, the committee has recommended approval.

Other Items

David Allen has once again filed a CUP request to open an auto repair shop at 190 Spencer Court in Boles Township. Allen has had two previous CUPs at the same location and both have been revoked for violations.

Also applying for a permit is Denny Wapelhorst. According to the meeting packet, Wapelhorst is seeking a permit to apply liquid ceramic coatings and powder coatings to firearms and automotive parts at his home near St. Clair.

The commission will also discuss a proposed amendment to the 2001 Unified Land-Use Regulations of Franklin County. The proposal includes amendments to county fireworks regulations.

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