Tuesday, July 1, 2008

Special Meeting and Subsequent Action

To: Citizens of Glenview Hills
From: Fred Simon, Mayor

On Saturday, June 28, the Commissioners of Glenview Hills held a special meeting to consider issues involving the proposed Glenview Park subdivision. Commissioners Lampe, Schulte, Gustafson, and LaMay were in attendance. Also in attendance were City Treasure Galloway, City Attorney Farnsley, attorney Steve Porter, and numerous citizens of Glenview Hills. May Simon was out of state and not able to participate. In the Mayor’s absence, Commissioner Lampe presided. City Clerk Wobbe had provided written notice to the citizens of Glenview Hills more than 24 hours before the meeting.

In May, the Louisville Planning Commission approved the subdivision by a vote of 8-0 with on abstention. The plan for the subdivision provides for 52 lots and provides for one means of access, via Lime Road, Glenview Road, and Cabin Way. Opponents to the subdivision have argued that Glenview Road is a private road and, therefore may not be used for access.

The remedy for those who disagree with the approval is to appeal to the Jefferson Circuit Court. In addition to arguing the private road issue, opponents would argue that the subdivision should have a second point of access onto Woodside Road and would make additional arguments.

Mr. Farnsley provided to those in attendance copies of two letters that set forth an offer from the developer to Glenview Hills. The offer was conditioned on no appeal being taken by the City or by anyone else. The offer included reducing the number of lots from 52 to 46, making a $20,000 contribution to the City, committing to repave Lime Road when the subdivision is substantially complete, committing 10% of the subdivision’s Homeowners Association dues to the City to help maintain Lime Road, and further inducements.

Commissioner Lampe gave all those in attendance the opportunity to express their views and to ask questions. A petition signed by representatives of more that 80 of the City’s households was presented to the Commissioners. The petition sought financial support from the City to assist with legal fees that would be incurred in pursuing an appeal.

Following the discussion, Commissioner Gustafson moved that the City expend $10,000 to be contributed to the cost of an appeal that will be taken by various citizens of Glenview Hills and by others. Mr. LaMay seconded, and the Commissioners approved the motion by a vote of 3-0.

Mr. Porter has moved forward with the appeal of the Planning Commission’s action by filing suit in Jefferson Circuit Court. The Complaint filed on Monday, June 30, by Mr. Porter seeks the setting aside of the Planning Commission’s approval of Glenview Park Subdivision, and that the Court instruct the Planning Commission to enforce its own requirements that abutting public and private streets be extended through any adjoining new subdivision. Additionally, that the Planning Commission be instructed that it has no authority to declare a private street to be public and no jurisdiction to interpret the deeds regarding the access easement questions.

Further updates shall follow.