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Agenda - 05-31-1995 - D1(c)
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Agenda - 05-31-1995 - D1(c)
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11/13/2014 2:33:12 PM
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BOCC
Date
5/31/1995
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
D 1 c
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Minutes - 19950531
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\Board of County Commissioners\Minutes - Approved\1990's\1995
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24 73 <br /> observed working on motor vehicles in the <br /> garage. It appears that the building was <br /> never intended to be used for the sole <br /> purpose of storing personal vehicles. <br /> Also found on the premises was systematic <br /> outside storage of some 350+ junked motor <br /> vehicles. <br /> No zoning lot size for EC-5 can be <br /> recommended because there was no detectable <br /> existing commercial use or outside storage <br /> use on the property when zoning was adopted <br /> for Bingham Township. <br /> No non-conforming status for the commercial <br /> establishment and outside storage use can be <br /> recommended because the use of the property <br /> was recreational. A ball diamond and <br /> concession stand were in existence before, at <br /> the time of, and well after the adoption of <br /> zoning for Bingham Township. <br /> Provided that the Planning Board finds in the <br /> negative, the Planning Staff recommends that <br /> the Planning Board recommend to the Board of <br /> County Commissioners the disapproval of the <br /> request to rezone a portion of the Combs <br /> property ( 1.84 acres as described) from RB <br /> Rural Buffer to EC-5 Existing Commercial 5. <br /> Gray asked if there was any doubt of the <br /> location of the property in 1979 and 1980 <br /> according to tax maps. Hinkley responded <br /> there was no doubt and overlays had been <br /> provided by Land Records and the information <br /> matches with the tax maps. <br /> Scott asked whether the question is that of a <br /> commercial building, or, that of determining <br /> if there were junked cars on the property in <br /> 1981 when zoning was adopted. Hinkley <br /> responded that the issue is was there a <br /> commercial operation establishment at the <br /> time of the ordinance. <br /> Reid asked what classified it as a business <br /> establishment, because there were people who <br /> had testified that there were junked cars on <br /> the property prior to zoning. Hinkley <br /> responded that he felt the burden of proof <br /> rests with the applicant. He continued that <br /> the staff could find no evidence of junked <br /> automobiles on the property prior to the <br /> passing of the ordinance. <br />
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