Agenda - 09-05-1995 - IX-A - Laserfiche WebLink

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5 77.. allowed in the zoning district and thatuse existed on the property September 2, 1981, then the Zoning Officer would recommend that the current zoning of EC-5 remain. If there is not new evidence presented at this hearing that would show that the commercial use was in place on this property at that time, the staff recommends that the property be rezoned back to Rural Buffer. County Attorney Geoffrey Gledhill clarified that the Board can consider the information that is in this packet even though the Court deemed it to be insufficient. However, the Board will need additional information on which to base their decision. THERE WERE NO COMMENTS OR QUESTIONS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR THE PLANNING BOARD NOTE: THE VERBATIM TRANSCRIPT OF THE FOLLOWING COMMENTS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. THE COMMENTS LISTED BELOW ARE SUMMARIZED. Marion Henry Wilson, Jr. , present owner of the property, said that the business they run is not a salvage yard but a small automotive repair shop. He presented for the record pictures of his property, property adjacent to his and pictures of other businesses in the area. Mr. Daryl Farrell, next door neighbor, said he owns the land on the right side of Mr. Wilson. Personally, he does not have a problem with his business being next to him. He feels Mr. Wilson is a very good neighbor and conducts his business in a matter which he thinks he should. In answer to a question, Mr. Farrell said he purchased his land in March, 1994 . He also responded to another question saying that he had knowledge of Mr. Combs prior to graduating from high school. He had been out there looking for old parts when he was in high school and he remembered talking to Mr. Combs . He did not have his parts but he thinks they were working then. This was back in 1979. Larry Reid asked for clarification in that the attorney said that they have to have new evidence for the rezoning situation. He asked if they were looking for receipts during the years 1980 and 1981 to prove that there was a business actually being conducted there. He stands firm that there was a business there. He is not sure if it was being conducted in a way that it is perceived to be conducted today. But if it is a matter of digging up receipts, then he believes he can do that to verify that Combs did some work on a vehicle of his. Geof Gledhill clarified that any new evidence can be considered including receipts or anything else that proves that there was an existing commercial use on this property prior to 1981 . Karen Barrows asked for clarification and Geof Gledhill said that the EC-5 zoning district has to do with commercial permitted uses. There was no evidence, for example, of a bank, financial institution, etc. Since there is no evidence that any of these uses existed, then this property cannot be zoned EC-5.