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6 <br />Geof Gledhill clarified that any new evidence can be considered <br />including receipts or anything else that proves that there was an existing <br />commercial use on this property prior to 1981. <br />Karen Barrows asked for clarification and Geof Gledhill said that <br />the EC-5 zoning district has to do with commercial permitted uses. There <br />was no evidence, for example, that a bank, financial institution, etc. <br />existed and since there is no evidence that any of these uses existed, <br />then this property cannot be zoned EC-5. <br />Larry Reid said that the argument that came before the Planning <br />Board was that it was not presented correctly. He understood that there <br />had to be a business existing there at the time the area was zoned. He <br />did not understand it had to be a permitted use specified for the EC-5 <br />area. <br />Geof Gledhill said that if the claim is that there was a body shop <br />there, then there must be evidence that there was an auto body shop there. <br />If the claim is that there was a bank there, then there must be evidence <br />that there was a bank there. Mr. Reid's testimony last time was not <br />sufficient and there was not any other evidence to prove what was there. <br />A salvage shop is not a body shop. <br />In answer to a question from Chair Carey, Geof Gledhill indicated he <br />does not know how storage of goods is defined in the ordinance. The use <br />table was developed in 1967 and the Zoning Ordinance was codified in 1981 <br />and it was changed somewhat. It was not developed by going around to see <br />what uses existed. <br />Grainger Barrett, Counsel who argued this case for the people that <br />made the appeal, asked to reserve the right to come back. He said he <br />directed the court's attention to a provision in the Ordinance that <br />expressly said that uses which are not permitted in a particular district <br />are expressly found to be incompatible with that district and the evidence <br />before the court basically resolved that this business was a salvage yard <br />which is not permitted in the EC-5 district. The judge said that taking <br />parts off of a car is a junkyard use and therefore he sent it back here <br />tonight to find out if there was other evidence that Mr. Wilson and Mr. <br />Combs could present on some use that was permitted in the EC-5 district. <br />Donald Wayne Combs, previous owner of the property, said he sold the <br />property to Mr. Henry Wilson. He bought the property from Mr. J. B. <br />Martin and at one time he worked for Mr. J. B. Martin. J. B. Martin owned <br />the property and had cars out there, restored wrecked cars and worked on <br />cars. When he owned the property he did away with the salvage yard and had <br />it rezoned to commercial. He sold it to Mr. Wilson. There were cars <br />worked on and stored there before there was any zoning in the township. <br />In answer to a question from Commissioner Willhoit, Mr. Combs said he sold <br />the property two years ago. In answer to a question from William Waddell, <br />he said that there were cars parked there that were wrecked. There were <br />motors taken out of cars and put in other cars and fenders taken off of <br />cars and put on other cars as well as rearends, transmissions, etc. Mr. <br />Waddell asked if there was any recollection of Mr. Combs taking parts off <br />of cars that were there and transporting parts to another place and Mr. <br />Combs said he put the parts on right there. Mr. Martin also had another <br />