Construction of a residential wind turbine east of Lebanon is being challenged by neighbors who claim the tower is not only a threat to their children and the environment, but illegal.
Jeffrey and Melissa Garrard want to install a wind turbine on a tower, not to exceed 140 feet high, to supplement their electric service. On Aug. 27, the Boone County Board of Zoning appeals unanimously approved the Garrard’s request to waive restrictions on the tower height.
Douglas and Nancy Miller, 1265 John Bart Road, want a court to overturn the BZA’s approval, saying the 4-0 decision was “illegal, arbitrary and capricious.” They filed suit on Sept. 28 in Boone Superior Court I. The Millers are represented by Krieg DeVault LLP, a Carmel law firm.
Melissa Garrard is an attorney in private practice.
Last week, Garrard asked the court to intervene in the lawsuit.
The Millers claim they will suffer a “substantially adverse” impact if the Garrards install the wind turbine on an 8.3 acre parcel at County Road 150 N and John Bart Road.
Doug Miller told the BZA he opposed the waiver, according to the board’s minutes. Miller was concerned about maintaining the area's residential zoning, protecting wildlife and the environment, and the safety of his children.
The tower is allowed in residential areas subject to approval by the BZA, Steve Niblick, executive director of the Boone County Area Plan Commission, told The Lebanon Reporter for an earlier story on the Garrards’ plan.
Denying her permission to install a private wind turbine would have a chilling effect on the future of wind energy in Boone County, Garrard said Friday.
The Millers’ central argument, Garrard said, is that she already has electrical service, and therefore does not have what is considered a “hardship” under zoning rules.
“Of course, if the court accepts that argument, no small wind turbine would be allowed in Boone County because all of Boone County has electric service,” Garrard said. “We might as well say good-bye to the whole concept of wind turbines in Boone County.”
The tower “is considered an accessory use,” Garrard said. “It is no different than having a propane tank in my yard; the only distinction is, I need to get it higher to make it function.”
A cell tower, electric transmission towers, a grain elevator and “a very large antenna” are already visible from the Miller’s property, Garrard said. All are “substantially taller” than their proposed wind tower, the Garrards said in their June 24 application for the variance.
Lebanon Utilities plans to construct a regional electric substation on three acres near her property, Garrard said. “You won’t even see my wind turbine when the substation goes in,” she said.
Garrard visited neighbors on John Bart Road and CR 150 N, she said. She spoke with Nancy Miller, whom Garrard said “thought it was a great idea and environmentally responsible.” Mrs. Miller said she would talk to her husband, Garrard said.
“He never came back; the next thing I know, he’s sandbagging me at the BZA meeting,” Garrard said.
This is the second in a series of stories about wind energy.
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Garrards continue push for turbine
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