COUNTY COMMISSIONERS

REZONING HEARING
December 20, 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, December 20, 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 2:00 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. 2005-14 - Applicant: Dwain Felts, Property Location: 661 Dr. Jack Road, Port Deposit MD. Election District: 7, Tax Map: 22, Parcel: 184. Presently Zoned: Northern Agricultural Residential (NAR). REQUEST: To rezone 1.32 Acres from Northern Agricultural Residential (NAR) to Business General (BG). Property Owner: Dwain Felts.

All witnesses presenting testimony were sworn by Al Wein, County Administrator.

David H. Parrack, attorney for the applicant Dwain Felts appeared before the Board of County Commissioners pursuant to a request for rezoning Application 2005-14.

Two Exhibits were presented and marked as follows: Applicant’s Exhibit #1 – State of Maryland Business License and Applicant’s Exhibit #2 a, b & c photographs of subject property.

Mr. Parrack and Mr. Felts presented testimony that the applicant has owned and operated an electrical contracting business on the subject property since approximately 1992. Testimony reflects that all work is conducted off-site; however, vehicles are stored on the property, specifically a bucket truck and a line truck. Mr. Felts further stated that he employs 8-10 employees that are provided work trucks; however these trucks are driven home each night by the respective employee.

Mr. Parrack based this request on a mistake in the 1993 Comprehensive rEZONING for failure to provide a mechanism that would allow small business owners to operate a business out of their homes.

COMMENTS IN SUPPORT/OPPOSITION: None

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 2005-14 was made by Commissioner Kilby, seconded by Commissioner Manlove. The motion carried by a majority vote of 4 to 1.

VOTE: Bolender – Y Hepbron – N Kilby – Y
Manlove – Y Guns – Y
There being no further business, the meeting concluded.

_________________________
Alfred C. Wein, Jr.
County Administrator

APPROVED:

_________________________
Nelson K. Bolender
President