COUNTY COMMISSIONERS
REZONING HEARING
March 7, 2006
The Board of County Commissioners of Cecil County met for the purpose of a Rezoning Hearing at the County Administrative Building 107 North Street, Elkton, MD on Tuesday, March 7, 2006 at 1:00 PM. The following members 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 1:00 p.m. and opened with the Pledge of Allegiance.
Linda Prince, Court Reporter, Port Deposit MD, recorded a verbatim transcript of this public hearing.
File No. 2006-04 - Applicant: Mohammad Zubair, Property Location: 700 Delaware Ave., Elkton, MD. Election District: 3, Tax Map: 316, Parcel: 57. Presently Zoned: Development Residential (DR). REQUEST: To rezone .367 Acre from Development Residential (DR) to Business General (BG). Property Owner: Mohammad Zubair.
All witnesses presenting testimony were sworn by Al Wein, County Administrator.
David H. Parrack, attorney and property owner, Mohammad Zubair and Dr. Zahid Aslam appeared before the Board of County Commissioners pursuant to a request for rezoning Application 2006-4.
Mr. Parrack made a correction to the application relative to the commercial borders of the property.
Testimony was presented by Dr. Zahid Aslam regarding the rezoning request and the nature of the proposed use of the property. The testimony reflects that a physician’s office would be operated at the location by members of the applicant’s and Dr. Aslam’s family. He stated that his sister and her husband have relocated from Washington and that his brother-in-law has contracted employment with Union Hospital, they with to locate a private practice at the subject location. He further stated that no structural changes other than filling in a built-in pool in the back yard would be necessary to operate the physician’s office.
Mr. Parrack presented a Map reflecting the subject property which was marked as Applicant’s Exhibit #1. Applicant’s Exhibit #2 Town of Elkton Resolution; Applicant’s Exhibit #3a Commercial and Industrial Districts Town of Elkton; Exhibit #3b Special Overlay District – Highway Corridor, Town of Elkton. Exhibit #4 Tax Map. Mr. Parrack explained that the two adjacent properties have been operated at one point in time as a Termite Pest Control Company and a Real Estate and Appraisal Office at the respective operator’s homes.
Mr. Parrack is basing the request upon mistake in the Comprehensive Rezoning for not eliminating conflicting uses of property, leaving the subject property residential when it is contiguous to commercial property.
COMMENTS IN SUPPORT:
None.
COMMENTS IN OPPOSITION:
Whitley Michael, 706 Delaware Ave., Elkton – spoke in opposition to the rezoning request. He advised the Board that a petition had been signed by approximately 40 residents opposing the rezoning request.
Shelia Olewine, 704 Delaware Ave., Elkton – spoke in opposition to the rezoning request. She stated that the applicant’s have approached neighboring property owners in an attempt to purchase their property.
Robert Olewine, Jr., 704 Delaware Ave., Elkton – spoke in opposition to the rezoning request. He stated that he does operate a pest control business out of his home, but no business is conducted at the property. He stated that he does not believe the nature of the business will be that of a Drs. Office. Mr. Olewine presented photos of the area, which were marked Oppositions Exhibits Nos. 1 – 12. He further stated that he will approach the Town to request his property be changed back to a residential status.
Kay Michael, 706 Delaware Ave., Elkton – spoke in opposition to the rezoning request. She advised that she speaks for 38 residents in the neighborhood who signed a petition in opposition to this request.
Kelly Wood, 106 Windsor Drive, Elkton – spoke in opposition to the request, he stated that there are already traffic problems as a result of cars exiting off of Route 40. A rezoning would create more traffic problems.
Joanne Wood, 106 Windsor Drive, Elkton – spoke in opposition, she also spoke of the traffic issues. She is concerned of the parking problems that would be created if the rezoning was granted and a doctor’s office was located there.
John Potts, 619 Delaware Ave., Elkton – spoke in opposition to the request, he also is concerned of the traffic issues.
Helen Potts, 619 Delaware Ave., Elkton – spoke in opposition to the request, she stated that she lives directly across the street from the subject property and now experiences traffic problems.
Gary Storke, 100 Lincoln Ave., Elkton – spoke in opposition to the request and stated that there is no change in the neighborhood and the rezoning should not be granted.
Charlene Bonham, 620 Delaware Ave., Elkton – spoke in opposition to the request. She stated that currently this property is being used as a rental with many different people coming and going. She does not believe that they intend to operate a doctor’s office at the location.
James Bonham, 620 Delaware Ave., Elkton – spoke in opposition to the request. He believes the intention for use is as a boarding home.
Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation, advised the Board that the Planning Staff recommendation was for disapproval, no mistake or change in the character of the neighborhood since the 1993 Comprehensive Rezoning.
The Planning Commission also recommended disapproval based on no mistake or change in the character of the neighborhood since the 1993 Comprehensive Rezoning.
Clifford Houston, Zoning Administrator presented the Findings of Facts.
Motion for disapproval of Rezoning Request 2006-4 was made by Vice President Hepbron. The motion was seconded by Commissioner Guns and unanimously carried to approval.
There being no further business, the meeting concluded.
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Alfred C. Wein, Jr.
County Administrator
APPROVED:
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Nelson K. Bolender
President