HomeMy WebLinkAbout013-68 John W. Miller Res-bus - Back Creek - ZAN Planning Commission Denied - BackfileZAN # 013
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Board of Supervisors Minute Book No. 10 p 260 Meeting of 24 APR 68
Be it Resolved, that the application of John W. Miller for change in zoning
on Valley Avenue, be referred to the Frederick County Planning Commission for
action.
The above resolution was passed.
Planning Commission Minute Book No. I pp 69-70 Meeting of 01 MAY 68
The Commission then received the application for change in zoning in land
of John id. Miller on the West side of U.S. Highway No. 11, in Back Creek Magis-
terial District, from Residential to Business.
It appeared that the 400 foot depth from the property line on the West side
of U.S. Route No. 11, westward was zoned for business and that the remaining
distances varied from a variance up to 200 feet to the property of Dr. McLaughlin
was zoned residential.
On motion duly made and seconded and passed, it was resolved that a Public
Hearing on this application be held on Wednesday, June 5th, 1968, at 4:00
o'clock, P.M., in the Board Room of the County Office Building, and that due
publication of this Public Hearing be made.
Planning Commission Minute Book No. I pp 71-72 Meeting of 05 JUN 68
The petition of John W. Miller for rezoning of the rear portion of his
lot fronting on the West side of U.S. Highway No. 11 in Back Creek Magisterial
District, from residential to business was read aloud by the Chairman.
John F. Anderson, Esquire, attorney for Mr. Miller, addressed the Planning
Commission, and filed a supporting letter of H. J. Kieffer and C. Money. Reference
was made also to a supporting letter previously filed by James Ford, an adjoining
property owner.
Mr. Anderson pointed out that Mr. Miller has an opportunity to sell the
entire tract for business purposes and needs the entire depth for business
purposes; that business purposes is the highest and best use for the land;
that the depth of the lot is approximately 600 feet and that it is zoned
business for 400 feet.
Mr. Robert Hahn, an adjoining property owner, addressed the Commission and
asked that the boundary line between business and residential properties remain
the same. He uses the same right of way as Dr. MacLellan, who is an adjoining
property owner of the Miller property. Dr. MacLellan addressed the Commission.
He said all of the lots on Route 11 back up to his land, meaning the lots of
the adjoining property owners to the Miller lot, and that his land is
restricted to residential purposes. If the lots on Route 11 adjoining his
land were changed to business, it would depreciate his land value, for the
land to the West of him is also residential.
The petitioners and objectors then departed. There was then general
discussion concerning the petition.
Whereupon, on motion by Venskoske, seconded by Fout, a resolution was
adopted to deny the prayer of the Miller petition.