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Local News

Bradford, neighbors square off at zoning meeting
Friday, April 4, 2008 1:01 AM EDT Print this story | Email this story
The Mason County Joint Planning Commission held a public hearing Wednesday and debated a proposed land use or zoning amendment for 14 acres at the corner of Kentucky 11 and Maple Leaf Road.

The property in question is currently owned by Kelly Bradford and has been the subject of some tension between Bradford and adjoining property owners, causing officials with the Planning Commission to request the presence of a Mason County Deputy Sheriff at Wednesday's meeting.

Melvin S. Manley Jr. of Maple Leaf Road appeared before the commission to oppose the change. Manley was represented by attorney Brian Underwood who petitioned the commission to at least table any judgment until civil litigation brought by Manley against Bradford is concluded.

Manley is looking for punitive damages from Bradford and also Matt Wallingford, administrative officer of the Mason County Joint Planning Commission stemming from Bradford's alleged use or permitted use of the property in violation of the Maysville-Mason County Land Use Ordinance. According to the lawsuit, Bradford allegedly used the property for operating a motor vehicle towing, salvage, or impound lot, a violation of the current zoning. Wallingford is named in the case for his alleged non-enforcment of the current zoning laws. "I would only ask the commission to at least table this decision until the civil litigation has run its course," Underwood said at Wednesday's meeting. "For this recommending body to do anything else would be rewarding a citizen for not following the rules. My client has resided on his property and followed all the rules and regulations of this and other governing bodies in reference to his property and I ask that this commission not penalize him for that."

Bradford was represented by attorney Dale Horner who asked the commission to rezone the property located at 844 Maple Leaf Road from agricultural transition or A-1, to general business, or B-1.

"My client just wants his property zoned correctly," Horner said. "Zoning this property B-1, business use makes the said property inherently more valuable. I would only ask we do this tonight or an appellant court will overturn the decision later. That corridor of Highway 11 leading out of Mason County will change in our lifetime and become much more commercial."


Kelly Bradford is seeking a zoning change from agricultural to business for property he owns, located near the intersection of Maple Leaf Road and Kentucky 11. -- Terry Prather/Staff
Bradford's application for re-zoning says "First, and foremost, the proposed land use classification is in conformity with the Maysville Comprehensive Plan Map. The classification of agricultural is inappropriate for this 13.945 acre tract of land. For the last several years, the property has not been used for agricultural purposes and it would not be economically feasible to operate a farming operation on this tract. By classifying the property for commercial use, it would encourage the continued economic development of this area."

Planning Commissioner Tommy Stanfield asked why the property is not suitable for farming.

"The most recent headline in "Progressive Farmer" states we are losing 2 acres of farm land every minute. Why can't this property be used as farmland?"

Horner said the size of the property is inhibitive to a profitable farming operation in that most economically feasible farms are much larger in scale in Mason County and surrounding areas.

"I think Mr. Horner may be oversimplifying this argument,' said commission attorney Michael Clarke. "Each lawyer will read a statute differently. I can't agree with Mr. Horner's statement that just because the property is in conformity with the comprehensive plan that you, as the recommending commission, have to approve this amendment. On the other hand, in this circumstance, I would tell you from a lawyer's perspective it would be much easier for me to challenge a ruling to decline this change than to challenge the board accepting it."

Apparently, the battle between Bradford and Manley not only has seen civil litigation, but criminal as well.


Court documents show that Manley was charged with second-degree trespassing in January, 2003, a charge that was later dismissed due to diversion as long as no further charges were brought during a certain time period. After that time period expired, Manley was again charged in November, 2007 with third-degree criminal trespassing and harassment with no physical contact. Both charges have Kelly Bradford listed as the complainant with both charges occurring on the property in question. Manley is due back in court April 28 to answer to the second charge.

After some debate, a motion to table the issue until the first Wednesday in May failed.

Commissioner Jean Everett said, "Even juries get time to deliberate cases. There's a lot to absorb here."

Wallingford and Clarke both agreed that to table the motion the commission would need to specify a reason for the delay in voting.

"If it's a case that you would be requesting additional information that you have yet to hear, I would certainly table the vote," Wallingford said. "Without a concrete reason to delay this vote, I think it would be unfair to all parties involved to not bring this to some form of resolution."

Commissioner Bob Biddle motioned to vote on the issue.

"I know both attorneys and both clients and I have only the utmost respect for all parties involved," Biddle said. "I feel I know the facts here in this case and I would make a motion to leave the property zoned agricultural use. The majority of property owners are opposed to this re-zoning and on the grounds it can currently be used as agricultural land and that the majority of adjacent land owners oppose the re-zoning."

Stanfield seconded the motion.

The final vote ended in a five to one decision to leave the property zoned as agricultural, with only Commissioner Chan Warner opposing the motion.

Bradford said later he was not pleased with the commission's findings and said he and Manley have had issues since he took ownership of the property.

"He wants to sell real estate for double the value and I want to make mine commercial, that's basically what it's all about," Bradford said. "I've asked for a lot in the Industrial Park and was declined. I asked for a lot out near the landfill and was told no. I even made a bid on the Kenton Station, Parker Drive property encompassing the old Army Depot, but the nursing home got that. I have 20 employees and I need room to grow my business. All I want to do is expand my business and I'm being restrained from doing so," Bradford said.

"My business is not only towing, but construction, demolition and a little bit of everything," said Bradford. "I just want to use my property as I need to use it. That used to be a land owner's right. This harassment must stop."

Bradford said he has made every attempt to comply with regulations.

"I mean, I was asked to put up a fence for screening my equipment and I did that. This is no more than what Wal-Mart, Lowes or Ranger Steele has done. They took agricultural property and re-zoned it for business use. Don't I still have that right?"

Bradford said there are other alternatives he is considering for the property.

"Rest assured, if this doesn't get approved, I'll turn that property into a hog farm. I swear I will shut the gates and fill every inch of that place with hogs and chickens too. If it's gotta be zoned agriculture, then that's what the property will be. I'm just fighting for my rights as a businessman and to escalate the economic development in the area. I always keep my property nice and I can't believe I'm in this nightmare."

Manley referred all requests for comments to his attorney.

"We were pleased with the commissions decision," Underwood said Thursday.

The Mason County Joint Planning Commission is only an advisory board that forwards its findings and recommendations to the Mason County Fiscal Court. The court may accept, overrule or hold its own hearings on any re-zoning request.

Contact Owen McNeill at owen.mcneill@lee.net or call 606-564-9091, ext. 272.

Reader Comments

Comments are limited to 200 words or less.

ticked off wrote on Apr 24, 2008 10:06 AM:

" I think property owners should be allowed to use their property as they want or do what they want with their property. If Bradford is willing to put up a privacy fence that works for me. I would like to fence in my entire yard, but the Zoning Laws say I can't. If you buy the property and you own it, I don't think the city, county, or state should be allowed to tell you what you can or can't do with your property. As long as you don't do anything that may cause some form of harm to the land or surrounding area, why can't you do what you want? "

looks awful wrote on Apr 10, 2008 10:48 PM:

" I agree with the Rectorville/Bradford junk yard that was there. A wretched site as is the tow lot over on route 52 in Aberdeen. Such a site right in the middle of town. I thought fences had to be put around junk yards/salvage lots, or whatever they are called nowadays. Speaking of the village of Aberdeen, is there also not ordinances concerning trash, junk cars/salvage, old farm equipment rusting away, and all else within the township, Huntington? "

a resident wrote on Apr 9, 2008 6:42 PM:

" I agree that it should be kept non-commercial. I wouldn't want a junk yard of scrap cars adjoining my property either,nor would anyone else. I wonder if anyone ever drove through Rectorville when Bradfords had their towing business there? I for one being a resident in that part of the county did not appreciate it.Keep on fighting it Mr. Manley! "

What a Mess wrote on Apr 6, 2008 12:25 PM:

" No wonder this world is in such a mess, residents of a little hick county such as Mason cannot even get along. Why is there so much friction between neighbors? How come it seems as if nobody can get along? Why must each person think their way is the only way? How come there is so much dislike and mistrust among fellow Americans? Could the answer be greed, selfishness, self-worth, envy? Or maybe just plain old headstrong individuals. Whatever the reasons, it sure does not look good for any community to have all the frictions such as this going on. Like I said in the beginning, this is why the entire world is in chaos. "

To Poster 'jon' wrote on Apr 6, 2008 12:21 PM:

" You had best get the name correct of Bradford, which you did so in the first of your posting, but toward the end you posted his name incorrectly. If you are so smart and up on all how come you cannot even get the individual's name correct? "

gocats wrote on Apr 5, 2008 11:26 PM:

" Bradford has really improved his piece of property. It would be a nice jesture if he would paint his fence one color, and they be able to put anything behind it he wants! "

regulations wrote on Apr 5, 2008 5:58 PM:

" Just wondering if Mr. Bradford knows that there are strict regulations involving hog farming.He may be in the agricultural zoned area and his saying he would cover the place with hogs and chickens would indeed need to be followed up with compliance of the rules and regulations involving this type of operation.Just because he does not get his way with the commercial zoning does not mean he can bulge ahead and partake in a farming procedure that requires multiple regulations, including environmental ones. Best for him to check first before he follows through with his threats. "

Do you remember 1972 ? wrote on Apr 5, 2008 1:29 PM:

" Remember the 4 year court battle over Rezoning the old Forest Ave. school bldg? Anyone remember the parties involved? Much LUCK to you Mr.Bradford. "

threat wrote on Apr 5, 2008 10:20 AM:

" It is a shame that an individual would use innocent, helpless animals and fowl as leverage and threats to get what they want. Bradford's remarks about this situation sounds like a spoiled little child. I don't even live in Kentucky but I feel sorry for anyone who lives near either one of the individuals involved in this dispute. Verbal threats are so easy to utter, but did Bradford actually think of the cost, time, caring of the animals if he indeed turned his property into a hog/chicken farm? Is he aware of the rules and regulations involved with a hog farm? There are numerous standards set forth for one contemplating a hog farm, as well as a poultry farm. Or would he just bulge ahead with his childish idea and end up having animals and fowl not tended to properly just to prove his point? Environmental issues further complicate Bradford's hog farm "

JDB wrote on Apr 5, 2008 2:04 AM:

" If I were Mr. Bradford and did not get what he is asking for I would turn this into a ten acre pig farm (We that grew up on a farm knows how pig s*** stinks) and I would do it in a heartbeat. "

Maysville Drive-In wrote on Apr 4, 2008 11:50 PM:

" no free showings from across the highway for this business.....go Bradford!!! "

Disenchanted with our wrote on Apr 4, 2008 10:59 PM:

" It's too bad a property owner who has made improvements to the property isn't allowed to utilize it as he sees fit. Mr Bradford's property does not portray an objectional appearance. Look at the "beautiful" sight coming into Mason County from Bracken County, I guess this meets all zoning/land use regulations, also, drive down US 68 hill and enjoy the view near the the bottom of the hill. ???
Mr. Bradford's comment to use the property for a "pig farm" is great, maybe he will implement an "adopt-a-pig" program allowing individuals to name the hog after someone relevent to their opinions. Or, you could pay to name the hog, and realize a discount when the dear animal is slaughtered. Sounds like we need to clean up a few other areas before attacking Mr. Bradford, open your eyes and look at some of the areas as an outsider/visitor does. "

Jon wrote on Apr 4, 2008 10:08 PM:

" Being new to the area I don’t know all the history of what has led up to the points of disagreement on this zoning issue but on the surface it seems troubling to a fresh set of eyes.

After reviewing information available from the cityofmaysville.com web site it appears that since at least 9/30/2005 the Official Land Use Map – City of Maysville, designates the property in question to be zoned B2 and the land directly across the AA on the NW quadrant of the AA and 11 as I-1A. I’ve seen the property in question and based on the 9/30/2005 version of the map agree with Mr. Bradford’s request to rezone the property from A1 to B1/B2 (if possible request a B2 designation). There is no question that other agricultural land in the Urban Area and near vicinity has been adopted for uses other than agricultural, i.e. Lowes.

Further, based on the current published Mason County Land Use Management Ordinance there appears to be a fair amount of subjective interpretation allowed for what defines “permitted” or “conditional” when applying the types of land uses and zoning designations. This is what troubles me the most.

I think the residents of Mason County should be concerned about a larger issue perhaps. That being, the special interests of a few (7 people signed a petition along with Mr. Manley to bring this review and action before the Commission?) should not impede on the rights of an individual for whom it has not yet been shown to have done them any punitive harm. What harm is Mr. Bradley causing Mr. Manley by operating his business there? Why is Mr. Manley and others concerned about this prime piece of 14 acres in a very desirable location? Who owns the land that abuts Mr. Bradley’s property and what interest do they have in what Mr. Bradley does with his land and his business?

I suggest keeping a close on the development of this issue and the decision rendered by the Fiscal Court. Your land and business could be next!

Good luck Mr. Bradley. I would be pleased to sign a petition in favor of you. Jon.
"

curious wrote on Apr 4, 2008 8:11 PM:

" What is Mr. Manley going to do when another business comes in and wants to change the zoning? Is he going to fight it as well. Sounds to me like Mr. Manley has a grudge against Kelly....2 trespassing charges already? "

wake up wrote on Apr 4, 2008 6:47 PM:

" keep our country side non commercial. It's a little to late for that. Just look at the double A! There are no more farms. Its all business. Gantleys, Maysville Rental, Lowes Wal-Mart etc. "

general public wrote on Apr 4, 2008 6:36 PM:

" I would think Mr. Bradford could easily win an appeal on this one, if his property is indeed in the comprehensive plan then it should cetainly be zoned B-1. Why would he be denied that right? It is irrelevant if the land can or could be farmed, Mr. Bradford has no intentions of doing that with the land. I have to agree with the previous comments. The small land that Mr. Bradford occupies has never looked better. We need to wake up small farms other than for hobbies are a thing of the past. All of Mason county used to be farm land how is it that others, Maysville Rental, Lowes, Wal-mart, get their zoning changed but this man is not able to? "

imglad wrote on Apr 4, 2008 4:30 PM:

" im glad as long as someones made something 'prettier' its okay to break laws. ill keep that in mind if i ever decide to break any myself. "

anthony wrote on Apr 4, 2008 3:46 PM:

" that was a nice farm at one time.its a
shame that all farm land is becoming
comercial.lets keep are country side
non comercial. "

Bob Evans wrote on Apr 4, 2008 3:17 PM:

" Got Pig? "

wiseone wrote on Apr 4, 2008 9:27 AM:

" Sounds like discrimination to a business to me. We all want businesses and jobs in Maysville, we just dont want them as our neighbors?? This property looks to be in the best shape I have seen it.Why can we not rezone for a legitimate business, but we can rezone half the county for Wyldwood?? "

Don't Give Up wrote on Apr 4, 2008 9:13 AM:

" Kelly Bradford is a hard-working, decent and honest citizen, who has worked very hard to make a better life for himself and his family. He is right, what he is asking is no more than what has been granted to big business like Lowe's, and they probably got a tax break for locating in the area. In the very near future, all of the surrounding property in that area will be commercial, so why not rezone it now for a native Mason Countian instead of waiting for big business to sweep it all up? Don't give up the fight, Kelly, and I do like your idea of a hog farm. If it must be agricultural, so be it. The limited amount of acreage, while not suitable for most crop farming, is perfect for a nice sloppy hog farm. "

Lynn Lawrence wrote on Apr 4, 2008 9:01 AM:

" I was at the meeting on Wednesday. I was not sworn in to speak so I did not, but I can speak here. There were several concerns from the board about our country losing 2 acres of farm land every 2 secs. This may be true, but I want to know who can make a farming living on 14 acres of land. Mr. Bradford has buildings on the property so that decreases the acreage to approx 10 farmable acres. How many of our farmers make a good living on 10 acres of farm land? The comprehensive plan was laid out to have Mr. Bradford's land included in future zoning. The land is zone Agricultural Transition. Transition meaning movement, passage, or change from one position, state, stage, subject, concept, etc., to another; change. I would like to know why Walmart, Lowe's, Ranger Steel, the Suzuki shop etc were all able to change their zone from Agriculture to Business, B-1 or whatever, but Mr. Bradford is not allowed to. I'm sure that Lowe's and Walmart's lot was a much LARGER farming piece of property than what Mr. Bradford is. In the past 2 1/2 years Mr. Bradford has made a considerable amount of improvements to the property that even Mr. Manley, in a previous meeting that I attended, admitted that his property looked very nice. If the property was zoned Business, Mr. Bradford would have to submit his plan to the committe for approval. The committee has the right to set restrictions to his plan. Mr. Bradford has been very proud of his accomplishments with his property. And with all the 7 people that Mr. Manley got to sign his 2nd petition, I am sure that there would be 10 times that amount that would sign a petition saying how nice the property looks and that it has been a HUGE improvement to the Maple Leaf and #11 intersection!!!
My name being the 1st.
Lynn Lawrence "

Not any better wrote on Apr 4, 2008 2:56 AM:

" Mr. Bradford has a beautiful place. It's prettier now than when he first bought it. Whomever can make a mortage payment by farming 13 acres, I want to know what they're growing. Everybody around here knows the road is coming across from 68 - 11. Commercial zoning is coming. It would be different if the property wasn't on 11 and only on Maple Leaf. Heck, there used to be a Drive-In across the road and that wasn't agricultural but I'm sure some seeds were sewn there. Sounds like Manley is just mad because he didn't get the property bought. "


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