MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

 

REZONING HEARING

March 29, 2005

 

 

          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 29, 2005 at 2:00 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.

 

            All witnesses presenting testimony were sworn by County Administrator Wein.

 

            File No. 2005-02:  Applicant:  David Anderson;   Property Location: 1292 Rock Springs Road, Rising Sun, MD; Election District: 8. Tax Map 2, Parcel: P/O 180. Presently Zoned: Northern Agricultural Residential, (NAR). Request: To rezone 2 Acres (NAR) to Business General, (BG).  Property Owner:  Emory F. and Lissa J. Holbrook, Jr.

 

            David H. Parrack, Attorney representing David and Gilda Anderson, the applicants in this matter.  The purpose of this request is to rezone of a parcel consisting of 2 acres, contiguous to the Anderson’s current business, which is located off of New Bridge Road, for the purpose of expanding their trailer sales business and for the storage of said trailers at the current existing Business Local (BL) zoned business. 

 

            Mr. Parrack through the testimony of Mr. Anderson presented a history of the business and neighborhood from the period of 1954 to present.  He further described the operation of the Rock Spring Store from the period of 1979 when purchased by the Andersons to present.

 

            The basis of the request is that there was a mistake in the 1993 Comprehensive Rezoning as well as change in the neighborhood as depicted by Mr. Parrack through scaled drawings and a map comprising of the entire eighth election district, which Mr. Parrack argued is the neighborhood rather than half-mile radius the Planning Commission has set forth.    

 

            Two exhibits were submitted for the record and were labeled Applicant’s Exhibit #1 Zoning Approval Form and Applicant’s Exhibit #2 Appendix B Buffer-yard Standards.

 

COMMENTS IN SUPPORT:

 

Barry Montgomery – appeared and spoke in support of this Rezoning Request.

 

COMMENTS IN OPPOSITION:

 

Frank Allen, 35 New Bridge Road appeared and voiced his opposition to the proposed request of the Andersons.  Mr. Allen presented 16 photographs of the business and surrounding area, which were entered for the record as Oppositions Exhibits #1-16. 

 

            Cliff Houston, Zoning Administrator, testified that both the Planning Staff and the Planning Commission recommended disapproval of this rezoning request.  Mr. Houston then presented the staff findings of fact. 

 

            Motion was made by Commissioner Guns to disapprove, based upon no change in the neighborhood and no mistake in the 1993 Comprehensive Rezoning.  The motion was then seconded by Commissioner Kilby and carried to approval by a majority vote.

 

VOTE:           Bolender – Y                        Hepbron – N             Kilby – Y       Manlove – Y

                        Guns – Y

 

            Dwight Thomey requested clarification from the Board as to Mr. Parrack’s argument relating to the boundaries of the neighborhood.

 

            The Board advised that they based their decision upon the Planning Commissions recommendations.

 

            File No. 2005-03 – Applicant:  George Whitmyre.  Property Location:  24 Locharren Drive, Elkton, MD.  Election District: 4, Tax Map: 14, Parcel 693, Lot 1 Presently Zoned:  Suburban Residential, (SR). Request:  To rezone 13.86 acres from Suburban Residential, (SR) to Northern Agricultural Residential, (NAR).  Property Owner:  George Whitmyre.

 

            Mr. George Whitmyre appeared before the Board pursuant to the Rezoning Application he filed on February 15, 2005.  Mr. Whitmyer stated that the property located at 24 Locharren Drive, Elkton, MD, within the subdivision of the Highlands, has been used for agricultural purposes since he purchased it in 1989.  Mr. Whitmyer bases his request on a mistake in the 1993 Comprehensive Rezoning.  He further stated that he has been operating a small horse farm and would like to obtain the zoning re-designation to protect his farm operation from future growth in the area.  Mr. Whitmyer further explained that by obtaining the Northern Agricultural Residential, (NAR) Designation, the buffer area located on the westerly side of his property would have to be extended to 100 feet rather than the 40 feet required for a Suburban Residential (SR) zoning designation. 

 

            Mr. Whitmyer presented two exhibits which were marked applicant’s Exhibits 1 and 2, photographs of the area.

 

COMMENTS IN SUPPORT:

 

Ed Cairns, 104 Jackson School House Road, Elkton MD – spoke in support of the Mr. Whitmyre’s request.

 

Mr. Houston advised the Board that two letters in support of this request were received by the Office of Planning & Zoning from a Mr. Marcheski and Scott and Denise Reynolds.

 

 

 

 

COMMENTS IN OPPOSITION:

 

Marcella Lockwood, adjacent property owner, spoke in opposition to the request for rezoning.

 

Wayne Lockwood, also spoke in opposition to the request for rezoning.

 

DISCUSSION:

 

There was discussion among the Board and Mr. Houston relating to the provisions for buffer yards and set backs.

 

            A motion was made by Vice President Hepbron, seconded by Commissioner Guns and carried by a majority vote, to swear in Mr. Stritzinger, so that he may present testimony/comment. 

 

VOTE:           Bolender – Y                        Hepbron – Y             Kilby – N

                        Manlove – Y             Guns – Y

 

Mr. Stritzinger presented testimony/comment relating to the buffer yard regulations.  He further discussed the burden of proof required for the rezoning hearing by the applicant.

 

            Mr. Cliff Houston advised that the Planning staff as well as the Planning Commission recommended disapproval of this request, based on no demonstrated mistake in the 1993 comprehensive rezoning and no demonstrated change in character of neighborhood since the last comprehensive rezoning. Mr. Houston read the finding of facts.

 

            Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and carried by a majority vote to disapprove the request.

 

            VOTE:           Bolender – Y                        Hepbron – Y             Kilby – N

                                    Manlove – N             Guns – Y

 

 

 

           

 

           

____________________________

                                                                                    Alfred C. Wein, Jr.

                                                                                    County Administrator

 

APPROVED:

 

_________________________                                 

Nelson K. Bolender

President