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

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6 78 Larry Reid said that the argument that came before the Planning Board was that it was not presented correctly. He understood that there had to be a business existing there at the time the area was zoned. He did not understand it had to be a permitted use specified for the EC-5 area. Geof Gledhill said that if the claim is that there was a body shop there then there must be evidence that there was an auto body shop there. If the claim is that there was a bank there then there must be evidence that there was a bank there. That is the jest of what has to happen. Mr. Reid' s testimony last time was not sufficient and there was not any other evidence to prove what was there. A salvage shop is not a body shop. In answer to a question from Chair Carey, Geof Gledhill indicated he does not know how storage of goods is defined in the ordinance. The use table was developed in 1967 and the Zoning Ordinance was codified in 1981 and it was changed somewhat. It was not developed by going around to see what uses existed. Grainger Barrett, Council that argued this case for the people that made the appeal asked to reserve the right to come back. He directed the court' s attention to a provision in the Ordinance that expressly says that uses which are not permitted in a particular district are expressly found to be incompatible with that district and the evidence before the court basically resolved that this business was a salvage yard which is not permitted in the EC-5 district. The judge said that taking parts off of a car is a junkyard use and therefore he sent it back here tonight to find out if there was other evidence that Mr. Wilson and Mr. Combs could present on some use that was permitted in the EC-5 district. Donald Wayne Combs, previous owner of the property, said he sold the property to Mr. Henry Wilson. He bought the property from Mr. J. B. Martin and at one time he worked for Mr. J. B. Martin. J. B. Martin owned the property and had cars out there, restored wrecked cars and worked on cars. When he owned the property he did away with the salvage yard and rezoned it to commercial. He sold it to Mr. Wilson to get away from Buz Lloyd who would not leave him alone. There were cars worked on and stored there before there was any zoning at all in the township. In answer to a question from Commissioner Willhoit, Mr. Combs said he sold the property two years ago. He owned the property when the Board of County Commissioners zoned it and did away with the salvage yard and zoned the garage and one acre of land commercial. In answer to a question from William Waddell, he said that there were cars parked there that were wrecked. There were motors taken out of cars and put in other cars and fenders taken off of cars and put on other cars and rearends, transmissions and stuff like that. Mr. Waddell asked if there was any recollection of Mr. Combs taking parts off of cars that were there and transporting parts to another place and Mr. Combs said no he put the parts on right there. He also had another little garage on Farington Road where he worked on cars. If one was out there wrecked and he needed the motor, he would go out there and pull the engine out of the wrecked car and put it in another car and at that time he was working for Mr. Martin. That was in 1976 or 1977 . Commissioner Crowther asked if Mr. Martin received money for this and Mr. Combs said yes . Commissioner Crowther asked if there were any receipts available. Mr. Combs said that Mr. Martin is dead and he has no idea.