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d 17 <br /> 219 <br /> 2. The lot is not located in or near a commercial transition <br /> node on the Land Use Plan . The closest node is the Harmon <br /> Young node which is 4,400 feet or eight-tenths of a mile <br /> north of the property . <br /> 3. The existing use can continue to operate at its present <br /> size and do business as a non-conforming use. <br /> The item was presented at public hearing on August 24, 1987 . <br /> The Board of Commissioners will consider the proposal for <br /> decision on October 5, 1987 . <br /> Szymik relayed the following comments from the County <br /> Attorney in answer to questions asked at the public hearing. <br /> ( 1 ) The zoning of Autowerks to EC-5 would not be spot <br /> zoning. <br /> (2) The application of EC-5 to commercial uses outside a <br /> node is only mandatory when zoning is first being applied in <br /> an unzoned area. Under the current situation, EC-5 zoning <br /> is not mandatory. <br /> Szymik noted that the decision before the Board is whether a <br /> zoning error occurred in 1981 and if that determination Is <br /> made then the Board must decide what the correct zoning is <br /> for the property . <br /> Eddleman asked if it was an error if Autowerks was in <br /> operation when zoning was first applied. Szymik responded <br /> that Planning Staff ' s position was that no error was made in <br /> 1981 and therefore based its recommendation on that <br /> position . <br /> Eddleman indicated he felt it had been established that an <br /> error was made and that the property should be rezoned EC-5. <br /> Best asked what effect zoning this property to EC-5 would <br /> have on the existing use. More specifically, what can the <br /> owner do under EC-5 that he cannot do. now. Charles Miller, <br /> co-owner of Autowerks, responded that he wanted the property <br /> rezoned so he could expand his business . He noted that the <br /> auto repair had outgrown its present facilities and he <br /> wished to expand to meet the present and future needs of the <br /> growing business. <br /> Margison asked Mr. Miller if he owned the property as well <br /> as the business. Mr . Miller responded that he did not but <br /> does have an option to buy the property If it is rezoned as <br /> requested. <br /> FINDINGS OF FACT <br /> MOTION : Yuhasz moved positive findings on Article 20 .3 .2 a, b, c, <br /> (map, legal description & explanation of alleged error) . <br /> Seconded by Eddleman . <br />