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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. 1679 -2- 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. m -3- 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 1681 -4- 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. 1682 -5- 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 1683 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 1684