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DRAFT 22 <br /> what would otherwise be a landscape buffer. This rezoning would solve at least the nonconforming use. This was a <br /> nonresidential use that was probably dating back to the early 60s that was never captured. <br /> Hunter Spitzer: When you say it's a nonconforming structure,what do you mean by that? <br /> Patrick Mallett: Along here, you're required a 30-foot landscape buffer. Along this edge and along this edge you're <br /> required a 100-foot buffer and a 30-foot buffer along this private road here. This would be in the buffer here. So that <br /> would still be a nonconforming structure. You can't really expand that structure in the landscape buffer. <br /> Hunter Spitzer: I understand. <br /> MOTION by Randy Marshall to recommend from the Planning Board that the County Commissioners consider <br /> adoption of the proposed zoning atlas amendment. Patricia Roberts seconded. <br /> Patrick Mallett: I do want to point out one minor thing. This represents the zoning on his lot, the existing commercial <br /> zoning and then theoretically, if it changed, the zoning goes to the centerline of the road. It would be customary for <br /> the County to also rezone to the centerline of the road. <br /> Randy Marshall: Do I need to say that we want to rezone the entire 4.08-acre parcel to EC-5? <br /> Patrick Mallett: Yes. <br /> Randy Marshall: I change my motion to include that. <br /> Patricia Roberts: Seconded. <br /> Hathaway Pendergrass: I abstain from voting as I have had previous professional dealings with the owner. <br /> Craig Benedict:As part of a teaching moment,we're not going to labor tonight, but for something like what is an EC-5 <br /> and why it is a more unique designation than our other commercial zoning designations, we'll put a little white paper <br /> together. We'll give you an explanation of existing commercial designations possibly in Rural Buffer, land uses and <br /> how that occurs, and how EC-5 occurred in other parts of the County. It is a nuance to our land use and zoning <br /> code. <br /> David Blankfard:As a point of reference, it is true that if you abstain that's a vote for? <br /> Craig Benedict:Yes, that is true. <br /> Patrick Mallett: Technically speaking, I think you probably should make a motion that you are acting on Attachments <br /> 4 and 5,the statement of consistency and the actual ordinance. <br /> David Blankfard: Moved. <br /> Randy Marshall: Seconded. <br /> MOTION by David Blankfard to agree with the Statement of Consistency (Attachment 4) and recommend to the <br /> County Commissioners to consider adoption of the proposed zoning atlas amendment (Attachment 5) to rezone the <br /> entire 4.08-acre parcel to EC-5. Randy Marshall seconded. <br /> VOTE: Unanimous. (Hathaway recused himself due to previous professional relationship) <br />