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Agenda - 09-05-1995 - IX-A
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Agenda - 09-05-1995 - IX-A
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12/18/2014 4:36:14 PM
Creation date
12/18/2014 4:35:24 PM
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BOCC
Date
9/5/1995
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
IX-A
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Minutes - 19950905
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\Board of County Commissioners\Minutes - Approved\1990's\1995
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14 <br /> zoning f a 40 000 square foot <br /> g q portion ( 200 feet x 200 feet) of • <br /> property now owned by Wilson (hereafter "the property,, ) from <br /> Agricultural Residential (AR) and Rural Buffer (RB) to Existing <br /> Commercial-V (EC-5) . Attorneys for the parties acknowledge to the <br /> Court that the Court should apply the "whole record" test in <br /> considering this challenge of the zoning decision of the Board, and <br /> that the proper scope of review is for the Court to determine if <br /> the decision of the Board changing the zoning of the property was <br /> arbitrary, capricious or without a reasoned basis•. Attorneys for <br /> the parties further acknowledge that the challenged zoning decision <br /> may be found to be arbitrary, capricious or without a reasoned <br /> basis if it is not supported by substantial evidence presented to <br /> the Board. <br /> The Court considered the Record and the arguments of counsel <br /> and made the following conclusions based on its whole record <br /> review: <br /> 1 . The EC-5 zoning district in the County Zoning Ordinance <br /> is a district used during the application of zoning to previously <br /> unzoned townships in the County to accommodate existing commercial <br /> uses . This designation can only be applied to property used for <br /> existing commercial uses at the time of application of the <br /> Ordinance to the property in question. Section 4.2 . 12 of the <br /> County Zoning Ordinance. <br /> 2 . The Permitted Use Table of the County Zoning Ordinance <br /> contains a list of commercial uses permitted in the EC-5 zoning <br /> district which list includes Motor Vehicle Maintenance and Repair <br /> 2 <br />
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