HomeMy WebLinkAboutPC_01-19-83_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room on
January 19, 1983.
PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman;
Carl M. McDonald; Kenneth Y. Stiles; A. Lynn Myers;
Manuel C. DeHaven; W. French Kirk; George L. Romine
ABSENT: M. Domenic Palumbo
CALL TO ORDER
Chairman Brumback called the meeting to order at 2:00 p.m.
The first order of business was the consideration of the
minutes of January 5, 1983.
Mr. Kirk noted that on page 8 the action on Mr. Hockman
should be "denied" instead of "approved ", as written.
There being no further corrections, Mr. Myers moved to
approve the minutes of January 5, 1983, as corrected. This motion was
seconded by Mr. Kirk and passed unanimously.*
BIMONTHLY REPORT
The Commission reviewed the year -end list of Conditional Use
Permits currently in operation.
SITE PLANS
Site Plan #024 -82 of Richard L. Vaitsas, zoned B -2 (Business, General)
in the Shawnee Magisterial District, for medical offices with required
off - street parking.
ACTION - Approved
Mr. Horne read the background material.
Chairman Brumback inquired if the water run -off problem in
this area had been resolved.
Mr. Horne explained that the Highway Department is making
sure that each new development in the area upgrades their drainage
facilities on their own site and to the area where the drainage is
directed.
*Mr. Stiles was not present for this vote.
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In answer to Mr. Golladay's question, Mr. Horne replied that
the Vaitsas development would be about 200' x 100' or about 1/2 acre.
Mr. Kenneth Smallridge, representative for Richard L.
Vaitsas, came forward and introduced himself to the Commission.
In answer to Chairman Brumback's question, Mr. Smallridge
stated that the building would have 2400 square feet and would be a
single story, brick building.
Mr. Kirk next moved to approve Site Plan #024 -82 of Richard
L. Vaitsas and this motion was seconded by Mr. Romine.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve Site Plan #024 -82 of Richard L. Vaitsas for medical
offices with required off - street parking in the Shawnee Magisterial
District.
The above resolution passed unanimously.
PUBLIC HEARING
Conditional Use Permit #018 -82 of Jacob Puffenberger for a Public
Garage for a towing service and auto repair with office and
construction of a new cement garage.
ACTION - Approved
Mr. Horne stated that information has been acquired, with the
help of the Puffenbergers, regarding the status of the salvage
operation currently taking place.
Mr. Puffenberger came forward.
Mr. Stiles asked Mr. Puffenberger when he initiated his
salvage yard business.
Mr. Puffenberger replied that he has been operating at this
location since 1971.
Mr. Stiles asked Mr. Puffenberger where he intended to build
the garage.
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Mr. Puffenberger replied that he intended to put the garage
where his automobiles are now located, back from the main highway.
Mr. DeHaven asked Mr. Puffenberger what type of license he
had and Mr. Puffenberger replied that he had a salvage dealer license.
Mr. DeHaven asked Mr. Puffenberger if the state had required him to
fence his cars in and Mr. Puffenberger replied that they did not. He
next inquired if Mr. Puffenberger had a sales tax number and Mr.
Puffenberger replied that he had just acquired a sales tax number this
past summer. In answer to Mr. DeHaven's next question, Mr.
Puffenberger replied that all of his cars are located on his own
property.
Chairman Brumback called for anyone wishing to speak
regarding this conditional use permit.
Mr. James Shumar came forward and stated that he owned the
property immediately west of Mr. Puffenberger's property. Mr. Shumar
urged the Commission not to approve this conditional use permit without
considering the existence of what appears to be an automobile graveyard
on Mr. Puffenberger's property. Mr. Shumar stated that only one
primary use is permitted on a property and he thought the use for this
property was residential. Mr. Shumar stated that since 1958, it has
been unlawful to operate a junk yard within 500' of state roads. Mr.
Shumar felt adjoining property values would be reduced because of Mr.
Puffenberger's operations. Mr. Shumar also felt that Mr. Puffenberger
had not been running this business continuously and uninterruptedly
since 1973.
Mr. William Omps came forward and stated that he was Mr.
Puffenberger's neighbor. Mr. Omps stated that he has lived in this
area all of his life and he sees nothing wrong with Mr. Puffenberger
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operating a garage here. Mr. Omps noted that there are a number of
houses along this road, but he has not heard anyone, other than Mr.
Shumar, speak in disfavor of Mr. Puffenberger's business.
In answer to Mr. Stiles' question, Mr. Puffenberger replied
that he had begun clearing the area last summer. Mr. Puffenberger also
answered that prior to.1973 he had a maximum of 50 vehicles on the
property. Mr. Stiles next asked Mr. Puffenberger if he was a mechanic
and Mr. Puffenberger replied that he was. In answer to Mr. Stiles'
question, Mr. Puffenberger replied that any cars he buys at auctions
or tows in would be salvaged for parts and then disposed of. Other
cars would be brought in for repair by his customers and then picked up
after repair. Mr. Puffenberger explained that he needs a public garage
for the towing service in order to store automobiles until the owners
can pick them up. Mr. Puffenberger added that he currently has about
1 1/2 acres cleared and this is about all the ground he needs for the
garage and salvage yard.
COMMISSION RETIRES INTO EXECUTIVE SESSION
Upon motion made by Mr. Stiles, seconded by Mr. Golladay and
passed unanimously the Frederick County Planning Commission does hereby
retire to Executive Session in accordance with Section 2.1- 3.444(a)6 of
the Code to discuss legal matters.
COMMISSION WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Mr. Golladay, seconded by Mr. Stiles and
passed unanimously, the Commission withdrew from Executive Session.
The Commission expressed concern that Mr. Puffenberger's
salvage business should not exceed his allowed expansion for a
nonconforming use.
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Mr. Horne felt it was the staff's responsibility to ensure
that the maximum area used for the salvage yard would not exceed two
acres.
Mr. Myers next moved to approve Jacob Puffenberger's
Conditional Use Permit #018 -82 with the conditions listed under staff
recommendations and the addition of condition #4 stating that the
Public Garage for Towing Service and Auto Repair is to be placed in the
area which is presently cleared to the rear of the property and
activities in front of the property are to be cleared and moved to the
rear of the property. This motion was seconded by Mr. McDonald.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve Conditional Use Permit #018 -82 of Jacob Puffenberger for
a Public Garage for Towing Service and Auto Repair with an office and
the construction of a new cement garage in the Gainesboro Magisterial
District with the following conditions:
1. This be a one year permit to be reviewed annually by the staff, the
Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use
permit will be required.
3. All operations to be fully screened from view from all adjacent
properties and the road.
4. The Public Garage for Towing Service and Auto Repair is to be
placed in the area which is presently cleared to the rear of the
property, and activities in front of the property are to be cleared
and moved to the rear of the property.
The above resolution was passed by the following majority
vote:
YES: Messrs. Kirk, Golladay, Brumback, Myers, Stiles, McDonald
NO: Messrs. Romine, DeHaven
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DISCUSSION ON F & F AMBULANCE SERVICE
Mr. Horne presented a memo to the Board of Supervisors
explaining the Commission's reasons for denying the conditional use
permit for F & F Ambulance Service. After some general discussion
about this conditional use permit, the Commission requested that the
staff include this memo in the Board of Supervisors agenda.
ADJOURNMENT
Upon motion by Mr. Golladay and seconded by Mr. Stiles, the
Commission adjourned.
Respectfully submitted,
rank Brutback��
TP
Joh . P. Horne
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