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Aspen Hall owners appeal Mercer zoning board ruling

February 28, 2006|ANN R. HARNEY

HARRODSBURG - The owners of Aspen Hall are appealing a ruling made by the Board of Adjustments and Appeals concerning activities held at the historic home.

Jill and Andrew Romero, owners of the bed and breakfast, have filed an appeal and a petition for the declaration of rights and name members of local governmental bodies as defendants in the case.

Included in the long list defendants are the members of the Greater Harrodsburg/Mercer County Board of Adjustments and Appeals, the Greater Harrodsburg/Mercer County Planning and Zoning Commission, the Harrodsburg mayor, the four commissioners on the Harrodsburg City Commission, Mercer County judge-executive and six magistrates who make up Mercer County Fiscal Court. While all members of these bodies are named, they are listed only because of their official capacities.

The only person signaled out for specific complaints is Bob Upchurch, the chairman of both the zoning panel and the Board of Adjustments and Appeals. In the portion of the complaint asking for a declaration of rights, Upchurch's service on both boards is called a conflict of interest and states that a portion of state law governing the two boards is unconstitutional and invalid. The Romeros' rights "were prejudiced by Upchurch's participation" in meetings of the zoning panel and board of appeals.

Contentious atmosphere

The Romeros' operation of the bed and breakfast and their neighbors' complaints about activities conducted there by the owners has made for an angry and contentious atmosphere for all concerned. Part of the problem is that the zoning panel had not outlined the specific uses allowed at a bed and breakfast. Further, the commission voted to allow tea rooms in beds and breakfast, without saying what constitutes a tea room.

Aspen Hall is on Aspen Hall Drive just off of Beaumont Avenue in a residential zone. Soon after beginning operations as a bed and breakfast in the 9,000-square-foot home, the Romeros also offered teas, receptions, wedding receptions and other activities, none of which is "prohibited by the regulations in effect when the services began to be offered to patrons," the appeal says.

In April, when the Romeros began offering other events than the use of four bedrooms that make up the bed and breakfast, the zoning commission held a special meeting and tried to impose limits on parking, times for teas, and other events, an action the zoning board has no authority "to regulate or define bed and breakfast uses by issuing advisory opinions," the complaint says.

In July 2005, the City Commission amended the city's zoning ordinance, making bed and breakfasts a conditional use, requiring a conditional use permit from the Board of Adjustments and Appeals. Shawn Moore, the zoning board's executive director, issued a cease and desist order in November because the Romeros not only were operating a bed and breakfast and tea room, but also a gift shop, Sunday events, private parties, crafts and Sunday brunches.

Seek to overturn board's authority

At Moore's suggestion, the Romeros sought a conditional use permit for the "expanded activities" they already had begun before the cease and desist order was issued. Moore said his order was made based on complaints by Leslie Dedman, one of the hall's neighbors.

In the complaint's demand for a judgment, the Romeros are seeking an order that the zoning board lacks authority to issue advisory opinions, a declaration that the panel's advisory opinion is void and an order declaring the Romeros have a legal right to operate their bed and breakfast and associated tea room, receptions, private parties, a gift shop, Sunday brunches and meals and other uses that began before July 28, when the zoning ordinance was amended to make beds and breakfast conditional uses.

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