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+ r <br /> 094 <br /> 7 <br /> Commissioners referred the case back to the Planning Board to consider new <br /> evidence. At the October 19, 1992 Planning Board meeting, they considered <br /> this new evidence. The Planning Board found that the new evidence added no <br /> more to that which had been heard before and recommended that the 200.35' x <br /> 200' lot be rezoned to EC-5 Existing Commercial. <br /> The applicant Wayne Combs stated that when he bought the <br /> property, he was told by his attorney that what he planned to do was okay. <br /> Barton Lloyd stated that the question is how many cars were <br /> stored on this property in 1981 when the Combs' purchased the property. <br /> According to aerial photographs there were no cars on this property. If <br /> there were cars stored around the ball diamond as indicated then he feels <br /> that may justify a rezoning for one-third acre only. He asked the Board of <br /> County Commissioners to be very specific in asking Mr. Martin where the <br /> cars were on this property in 1981. <br /> Kenny Martin spoke in support of this request. - He stated that <br /> there were 30 cars stored on this property in 1981 around the ball diamond. <br /> Robert Smith, Attorney for Wayne and Brenda Combs, stated that <br /> the Planning Staff's opposition is solely based on photographs. There has <br /> been testimony from numerous witnesses who have made it very clear that <br /> cars have been stored on this property for sometime. He noted that the <br /> cars cannot be seen from the road or from other adjoining property owners. <br /> He asked the Board to approve this rezoning. <br /> Commissioner Halkiotis expressed a concern about contamination. <br /> Mr. Combs explained that all fluids are drained from the cars. <br /> Commissioner Gordon noted that there is no evidence to show that <br /> cars were stored on this property in 1981 and if there were cars stored <br /> there it would not necessarily constitute a business. <br /> Motion was made by Commissioner Insko, seconded by Commissioner <br /> Halkiotis to close the public hearing. <br /> VOTE: UNANIMOUS <br /> Motion was made by Commissioner Insko, seconded by Chair Carey <br /> to approve rezoning to EC-5 Existing Commercial the lot referenced that <br /> measures 200.35' x 200' based on the findings of the Planning Board as <br /> liited on page 5 of the agenda abstract. <br /> VOLE: AYES, 2; NOES, 3 (Commissioners Gordon, Halkiotis and Willhoit) <br /> Motion was made by Commissioner Willhoit, seconded by <br /> Commissioner Gordon to deny the rezoning request based on the conclusions <br /> on page 5 and supported by the eight (8) findings listed on pages 2, 3, and <br /> 4 of the agenda abstract. <br /> VOTE: AYES, 2; NOES, 3 (Commissioners Halkiotis, Insko and Carey) <br /> Motion was made by Commissioner Halkiotis, seconded by <br /> Commissioner Insko to reconsider this item based on the findings of the <br /> Planning Board. <br /> VOTE: AYES, 4; NOES, 1 (Commissioner Gordon) <br /> Motion was made by Commissioner Insko, seconded by Commissioner <br /> Halkiotis to approve rezoning the lot referenced that measures 200.35' x <br /> 200' to EC-5 Existing Commercial based on the findings of the Planning <br /> Board as listed on page 5 of the agenda abstract. <br /> VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Willhoit) <br />