Minutes - 19841126 - Laserfiche WebLink

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6 The Planning Staff recommends that the property be zoned non-conforming as it is inappropriate far this type of use to be conducted in this location under the policy. of the County. Commissioner NThitted asked staff to locate the use on the map. Collins reviewed the location of the operation on the map. Commissioner Lloyd inquired how long the use had been in operation. Collins responded that a permit was issued in September, 1984. 1]ean Gast, ovrner/operator clarified that a building permit was issued in February, 1984 for the operation building and a second permit was issued in -. October, 1984 for the storage structure/warehouse. He indicated he had begun operations in June. 1984. Steve Xuhasz. Planning Board member, inquired when the deed of the property was dated. Gast responded February. 1984. Commissioner Lloyd asked why staff disapproved of an an-going use. Collins responded that it was an inappropriate use in that area. He noted it was located a substantial distance from the area designated for Commercial/Industrial activity node under the West Orange Area Study and that it was located north of the Transition Area under the same study. He continued that agricultural uses were clearly designated as•appropriate in this area and he was concerned that the existence of this use would stimulate yet further requests for commercial and industrial uses in the area. Collins continued that staff would rather classify the use as non-conforming than open the door to similar requests. Commissioner Lloyd asked what would happen to the use if the structure were destroyed by fire. Collins cited the Ordinance specifies if 60~ or more of the structure housing a non-conforming use was destroyed, that reconstruction could only occur in accordance with the Zoning Ordinance. Zf this use was destroyed to that extent, it could not be rebuilt in that location under that provision. Commissioner ~•'alker indicated that as a nearby property owner he did not object to the use. 5hanklin, Planning Board member, indicated he lives nearby and that neighbors polled have no objection to the operation as it is now, but are concerned about expansion of the operation in terms of additional noise, lights, and outdoor storage. He added that no one indicated that they want the operation to be prohibited from continuing to function a•nd that they saw it as a desireable business for the area. An audience member asked if the use was in operation, why was staff blocking its rezoning. Gordon responded that this was a public hearing regarding the rezoning request and that staff had recommended that the use not be rezoned as it was located outside an area appropriate for such a use. Commissioner Lloyd inquired if the use was simply overlooked. - Collins responded no, that a survey had preceeded the compilation of the Zoning Atlas and that the building permits for the structures were not issued until after the public hearing held in tdovember, 1983. Gast indicated that staff had informed him fully of the possibility of zoning when the permits were issued, but that he did not know he could not rebuild at this location if destroyed and that that was a concern for him. Carl 1^Iilkins indicated he had no problem with the business as it is now, but was concerned with additional expansion and noise, traffic and lights.