Agenda - 05-31-1995 - D1(c) - Laserfiche WebLink

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