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MINUTES OF THE BOARD OF COUNTYCOMMISSIONERS
REZONING HEARING AUGUST 8, 2006
The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, August 8, 2006. The following members of the Board were present:
Nelson K. Bolender, President Harry A. Hepbron, Vice President Phyllis Kilby, Commissioner William C. Manlove, Commissioner Mark H. Guns, Commissioner
constituting a full board.
The meeting was called to order by President Bolender at 2:00 p.m. and opened with the Pledge of Allegiance.
Linda Prince, Court Reporter, recorded a verbatim transcript of this pubic hearing.
- KALAR ENTERPRISES, LLC REZONING
FILE NO: 2006-10. APPLICANT: Kalar Enterprises LLC, c/o Keith Baynes, Esq.. PROPERTY LOCATION: 686 Augustine Herman Highway, Elkton, MD 21921, Election District: 3, Tax Map: 324, parcel: 120. PRESENTLY ZONED: Rural Residential (RR) REQUEST: Rezone .574 acres from Rural Residential (RR) to Business General (BG). PROPERTY OWNER: Kalar Enterprises LLC, c/o Bryan Buckland, Member.
County Administrator Wein read the application, and all witnesses were sworn.
Keith Baynes, Esq, representing Kalar Enterprises LLC, stated that Mr. Buckland owns Chessie Marine located on the property adjoining 686 Augustine Herman Highway. Four years ago the Commissioners approved a rezoning for another adjoining property to permit boat storage behind the business. Kalar Enterprises owns the subject property and would like to be able to use the pole barn behind the home located on the property. The home will stay on the property and there are no plans to use the entire parcel for business purposes.
Bryan Buckland stated that he needs to use the pole barn located on the back of this property to winterize boats. The boats will then be moved on the lot behind the business. All of the boats have been moved from the front of the property as per a request from the State Highway Administration. Access to the pole barn will be at the back of the property. He has no plans to install a billboard on the property.
PUBLIC COMMENT - none in support or opposition.
Zoning Administrator Cliff Houston stated the Findings of Facts for the property, and that the Planning Commission recommended approval of the rezoning.
MOTION made by Commissioner Hepbron, seconded by Commissioner Guns, to approve the rezoning request for 686 Augustine Herman Highway, Elkton, Election District: 3, Tax Map: 324, parcel: 120 to rezone .574 acres from Rural Residential (RR) to Business General (BG), motion carried.
- LEE D. and ELIZABETH M. LARSON REZONING
FILE NO: 2006-11. APPLICANT: Lee D. and Elizabeth M. Larson. PROPERTY LOCATION: 1200 Blue Ball Road, Elkton, MD 21921, Election District: 3, Tax Map: 20, parcel: 618. PRESENTLY ZONED: Business General (BG) REQUEST: Rezone 6 acres from Business General (BG) to Suburban Residential (SR). PROPERTY OWNER: Lee D. and Elizabeth M. Larson.
County Administrator Wein read the application, and all witnesses were sworn.
David Parrack, Esq., on behalf of Mr. and Mrs. Larson, stated that Mr. Henesey was the previous owner of the 46-acre property. In 1998, Mr. Henesey was granted a rezoning to Business General (BG) for 6-acres of the 46-acre parcel for the purpose of opening a computer graphics business on the property, which never transpired. When the application was granted, the Planning Commission recommended disapproval; however, members of the Economic Development Commission spoke in favor of the application, and it was approved by the Commissioners. This rezoning request from BG to Suburban Residential (SR) is based on a mistake made in rezoning the property to BG. The 6-acre parcel is located at the rear of the property with no road frontage, and is an example spot zoning.
PUBLIC COMMENT:
Rebecca Demmler, Childs Road, stated that she was not in favor of the rezoning request from SR to BG in 1998. However, the business never developed on the property, and she asked the Commissioner to deny the rezoning request at this time because she feels the property is not suited for residential development either.
Ronald Demmler, Childs Road, stated that he was not in favor of the rezoning request from SR to BG in 1998. However, he feels the Commissioners should "right a wrong" that was made and rezone the property back to SR.
Alice Arbuckle, Matthew Bathon Court, stated that she feels the Commissioners should vote to rezone the property back to SR.
Mr. Parrack stated that the prior BG rezoning request was approved based on a specific business use. At that time, Mr. Ulrich had testified that the property was not suitable for residential development; however, he feels it is appropriate to request this rezoning.
Zoning Administrator Houston read a letter in opposition to the rezoning request from Lindsay Carter, 131 Black Snake Road. The Planning Commissioner recommendation is for approval based on the 1998 mistake in rezoning the 6-acres to BG. He continued stating the Findings of Facts for the property.
Motion made by Commissioner Guns, seconded by Commissioner Hepbron, to approve rezoning the 6-acres from Business General to Suburban Residential.
VOTE: Commissioner Bolender - Y, Commissioner Hepbron - Y, Commissioner Kilby - N, Commissioner Manlove - Y, Commissioner Guns - Y, motion carried 4 -1.
The meeting was adjourned.
Alfred C. Wein, Jr. County Administrator
APPROVED:
Nelson K. Bolender, President
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