MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

October 6, 2009

The Board of County Commissioners of Cecil County met for the purpose of a rezoning hearing the County Administration Building, 200 Chesapeake Blvd., Elkton, MD on Tuesday, October 6, 2009.  The following members of the Board were present:

            Brian L. Lockhart, President

            Rebecca J. Demmler, Vice President

            Wayne L. Tome, Sr., Commissioner

            Robert J. Hodge, Commissioner

            James T. Mullin, Commissioner

Constituting a full Board.

The meeting was called to order by President Lockhart at 2:00 p.m. and opened with the Pledge of Allegiance.

File No. 2009-06 - Applicant: Michael L. Jopson. Property Location:  S/S Pulaski Hwy., Elkton, MD.  Election District: 5, Tax Map: 32, Parcel 422.  Presently Zoned: Development Residential, (DR). Request:  To rezone 15.6309 acres from Development Residential, (DR) to Business General (BG). Property Owner:  Michael L. Jopson.

All witnesses presenting testimony were sworn in by Administrator Wein

Keith A. Baynes, Attorney appeared before the Board representing the applicant Michael L. Jopson in support of a rezoning application from Michael L. Jopson, also present, for the property located on the south side of Pulaski Highway, specifically tax map 32, parcel 422.  The property is described as a heavily wooded, pan-handle property, located approximately 1100 feet off of Pulaski Hwy, which the applicant has owned since 1983.  Access to the parcel is currently through a shared drive that is approximately twenty-five feet wide and is shared with adjoining property owners.

The applicant proposes to use the parcel for an electronic storage facility and a possible mini self storage facility.

Mr. Baynes presented five rezoning decisions, which were marked as Applicant's Exhibit #1.

The applicant is basing is request upon a substantial change in the neighborhood since the 1993 Comprehensive Rezoning.

Eric Sennstrom, Director of Planning & Zoning presented the staff recommendation of approval, based upon a substantial change and the recommendation of the Planning Commission of approval, based upon a substantial change.

Clifford Houston, Zoning Administrator read the findings of facts.

COMMENTS SUPPORT/OPPOSITION:

Leonard Wilson, Esquire appeared on behalf of Estel E. Privett, also present, resident of the adjoining parcel and presented testimony in opposition to the rezoning request.  Mr. Wilson and his client base their argument that the only changes to the neighborhood are that of the properties located directly on Route 40 and not of the properties with no road frontage.  His client also expressed concerns over the use of the shared driveway.

Mr. Wilson presented photographs of the property which were marked Opposition's Exhibits 1-7 and a copy of the deed that was marked Opposition's Exhibit 8.

The decision for rezoning request will be placed on the Board's agenda for the October 20, 2009 meeting.