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~~ <br />1. Sue Browning lives across the road from the applicant. She said that she was not aware <br />2 that there was ever a rezoning for an EC section of 46,000 square feet. She said that the <br />3 existing business is at the front, which is zoned AR. She said that this is a business in the <br />4 middle of a residential section, and she never understood how this happened. <br />5 Michael Harvey said that the landscaping operation began prior to the adoption of the <br />6 comprehensive zoning of the Cedar Grave Township. In effect, the property was "unzoned.° <br />7 The County created the EC-5 zoning designation in townships where initial zoning was taking <br />8 .place in an effort to ensure that legal operations would not be made non-conforming during <br />9 initial zoning. Regarding why the business cannot be moved, he said that the business is where <br />I4 it is and the EC-5 designation should have been 4acated at the front portion of the property. if it <br />11 were moved it would create additional problems and an access issue. The cleanest way to fix <br />2 this problem is the recommendation. <br />13 Richard Browning said that before the Helgevold's came to this property, there was not a <br />14 business there. Michael Harvey explained the process again. <br />I5 Richard Browning said that there is a huge pile of mulch there mast of the time. He does <br />1 G not see .how the business was allowed to begin with because there has never been a business <br />17 there. <br />18 Kathryn.Browning lives more than 540 feet away from the property and she can hear the <br />19 noise from the business and the heavy {wading equipment. She asked about future traffic flaw <br />20 as far as expansion of this with the rezoning. - <br />23 Michael Harvey said that the County has an existing noise ordinance enforced by the <br />22 Sheriffs Department. Regarding expansion, once the area is rezoned, it will be limited to this <br />23 portion of the property. There is a prohibition on expansion of existing EC-5. <br />24 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to <br />25 refer the matter to the Planning Board with a request that a recommendation be returned to the <br />26 Gounty Board of Commissioners in time far the May 19, 204 BOCC meeting, and adjourn the <br />27 public hearing anti{ May 19, 2009 in order to receive and accept the Planning Board's <br />28 recommendation and any submitted written comments. <br />29 VOTE: UNANIMOUS <br />30 <br />