By Brenna R. Kelly
The Cincinnati Enquirer

BURLINGTON - Beer will not be coming to Big Bone Lick.

The issue was decided Tuesday because Boone County Fiscal Court did not overturn a decision by the planning commission.

Nancy Jordan Blackmore and her husband wanted a zoning change that would have allowed them to sell beer at their newly opened Kentucky craft store called Jane's Saddlebag on Ryle Road.

The Boone County Planning Commission had unanimously denied the request, but Fiscal Court could have overturned it with three out of four votes.

"To overturn a unanimous decision there has to be pretty strong, pretty clear reason that they made a mistake," said Boone County Judge-executive Gary Moore. "There are good points made by both sides, but at this point there aren't three votes to overturn that decision."

Fiscal Court did not hold a vote, and as a result the planning commission's decision will go into effect May 18. To overturn the decision, Fiscal Court would be required to have two readings on the ordinance by May 18.

The Blackmores could appeal the decision in Boone County Circuit Court. They did not attend Tuesday's meeting and could not be reached for comment.

The Blackmores wanted to rezone their 5 acres on Ryle Road from agricultural to recreation, which would have allowed them to apply for a license to sell beer. They sell Kentucky crafts and snacks at Jane's Saddlebag. They also wanted a stage at their amphitheater near Big Bone Creek.

About six residents hired Florence attorney Ed Drennen to argue their case in front of planning commission and Fiscal Court. They said that beer would attract motorcycles and more traffic to the rural roads. They were also concerned about noise from the amphitheater.

"They are pleased with what the Fiscal Court did," Drennen said Tuesday.

Seven nearby property owners spoke out against the zoning change at a public hearing in January, and 73 signed a petition against it.

Blackmore argued that beer is available at several locations three to five miles from her property. Offering beer would fit into their goal of bringing tourists to the area, she said.

E-mail bkelly@enquirer.com