Wednesday, October 18, 2000
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Wednesday, October 18, 2000 |
| Whitewater residents
mull next step in access dispute
By DAVE HAMRICK Whitewater Creek homeowners will regroup and talk about what to do next, now that the Fayette County Commission has refused to get involved in the neighborhood's dispute with its developer. "We're not anticipating legal action at this time," said George Nowack Jr., a lawyer representing the Whitewater Creek Homeowners Association, told The Citizen. "We'll just have to sit down and talk about it." Public access to their neighborhood is what brought about 50 homeowners to last week's commission meeting to ask for help. Nowack said the zoning documents that helped create Whitewater Creek in 1983 promised an exclusive country club community with access controlled by security guards. Homeowners even took over ownership of the neighborhood streets, and the cost of maintaining them, to keep the community private, he said. But developer Robert Brooks not only has allowed outside membership in the community's country club, but also has opened The Wysteria restaurant, which is open to the public, on the grounds. "There is no control, no limitation on visitors or access to the country club," said Nowack, who added that the promises of exclusivity were included in the PUD (planned unit development) zoning for the community. Members of the Homeowners Association have been trying to negotiate with Brooks to stop the public access, but to no avail, said Margaret Suggs, president of the association. "We've tried a lot of different ways" to solve the problem, she said. The association finally filed complaints with the county marshal's office, and the marshals asked for a ruling from County Attorney Bill McNally on whether the public access constitutes a violation of the county zoning ordinance. McNally said it doesn't. Homeowners appealed to the County Commission to direct the marshals to take action against country club owner Brooks, but the commissioners followed McNally's advice. "Over the years we have allowed changes to be made at Whitewater. It's a matter between the Whitewater Creek association and the ownership of the country club itself. There is not a violation of the zoning ordinance," McNally advised the commissioners. Nowack complained that he has never received McNally's decision in writing, but McNally said it's his job to advise the commission, not to render legal opinions for public consumption. Commissioners turned down Nowack's request that McNally be directed to write a letter explaining the legal reasoning behind his opinion. "I'm against drafting a legal response when there is potential litigation," said Commissioner Linda Wells. Wells and Commissioner Herb Frady both said they don't believe there's been a violation of zoning laws. Commissioners Harold Bost and Greg Dunn abstained from the discussion, because Bost is a resident of Whitewater and Dunn is a former resident and still a member of the country club.
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