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PC_06-04-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 6/4/80 PRESENT: C. Langdon Gordon, Chairman, Frank Brumback, Vice - Chairman; W. French Kirk; Manuel C. DeHaven; James Golladay, Jr.; Kenneth Stiles: Herbert Sluder ABSENT: Elmer Venskoske. CALL TO ORDER The Chairman called the meeting to order. BIMONTHLY REPORT In answer to Chairman Gordon's question, Mr. Riley explained that the lots approved administratively are mostly one time sales and family variances. The bimonthly report was then accepted as information only. --------------- -- SITE PLANS Request for Site Plan approval by Smith's Hangar Facility, No. 002 -80, for a hangar, in the Airport District. ACTION - Approved The Secretary first gave the background information, noting that this had been approved administratively three years ago. Mr. Bob Lebo, an employee of Winchester Rendering,came.forward and introduced himself the the Commission. In answer to Mr. DeHaven's question, Mr. Lebo explained that this was a hangar facility to store Mr. Smith' - s.aircraft. Mr. DeHaven next questioned if this land was leased. Mr. Lebo explained that it is leased from the airport authority. Mr. Kirk made a motion that this site plan be approved. This was seconded by Mr. Golladay and passed unanimously. 1049 Planning Commission Minutes -2- 6/4/80 BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby approved Site Plan No. 002 -80 of Smith's Hangar Facility. Request for_Site.Plan_ approval by James T. Wilson, No. 006 -79, amended, for an office, warehouse and parking, in the Stonewall Magisterial District. The secretary first gave background information. The petitioner was not present at this time. Mr. Golladay suggested tabling this site plan request until later in the meeting. STINE INDUSTRIAL PARK DISCUSSION Mr. Riley explained that Mr. Stine would like to request that site plans be reviewed and approved and construction be allowed but that no occupancy or manufacturing will take place until a second access is completed. Mr. Riley also explained that Mr. Stine will construct the portion of road now applying for Industrial Access Funds, if those funds are not made available. Mr. Riley commented that it is the staff's opinion that Mr. Stine has satisfied the Board of Supervisor's requirements for alternate access. Mr. Riley commented that there was concern at the Board of Supervisors Meeting that the middle section would not be completed. Mr. Riley stated that Mr. Stine has a responsibility to his.purchasers. Mr. Riley also explained that a performance bond is also being considered. Chairman Gordon next asked what guarantees the School Board and Harris Intertype have that their situations will be rectified. Mr. Riley commented that he felt the County has no legal right to dictate who can use a right -of -way or to place conditions on a 1050 Planning Commission Minutes -3- 6/4/80 right -of -way. Mr. Riley also explained that the City of Winchester recommended that an alternate access on Baker Lane be used After some discussion with regard to specific conditions, Mr. Golladay made a motion that the following conditions be placed on any site plan request for the Stine Industrial Park: (1) Allow him to market the property; (2) Review site plan requests, with no temporary or permanent occupancy permits granted on new construction until a second access road has been completed; (3) If that portion of road requested for Industrial Access Funds is not approved by the Va. Dept. of Highways and Transportation, Mr. Stine will construct that portion of the road. (4) All construction of the access road will be completed by October 31, 1981; (5) A bond will be required with a completion date no later than October 31, 1981 in the amount of $47,000 (to be filled in by Mr. Stan Pangle). This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission recommend that the following conditions be placed upon any site plan request for the Stine Industrial Park:' (1) Allow him to market the property; (2) Review site plan requests, with no temporary or permanent occupancy permits granted on new construction until a second access road has been completed; (3) If that portion of road requested for Industrial Access -Funds is not approved by the Va. Dept. of Highways and Transportation, Mr. Stine will construct that portion of road; (4) All construction of the access road will be completed by October 31. 1981; (5) A bond will be required with a completion date no later than October 31, 1981 in the amount of $ (To be filled in by Mr. Stan Pangle). Request for Site Plan approval by James T. Wilson, No. 006 -79, amended, for an office, warehouse and parking, in the Stonewall Magisterial District. ACTION - Approved as amended The Secretary again gave background information. Mr. James Wilson came forward and introduced himself to the Commission. r" 1051 Planning Commission Minutes -4- WL1: 11 In answer to Mr. Horne's question, Mr. Wilson explained that there will be assembling of boxes with employees numbering twenty five. Mr. Riley explained that additional parking will need to be added and suggested that an amended site plan be requested. Mr. Golladay next asked if Mr. Wilson planned to clear up the area seen by Route 37. Mr. Wilson commented that they plan to clean up the entire area on that lot. Chairman Gordon stated that the Planning Commission would appreciate anything Mr. Wilson could do, as the County is concerned with the esthetics of the area. Mr. DeHaven next confirmed with Mr. Wilson that sewer is now present on the site. Mr. DeHaven made a motion to approve this amended site plan with the additional amendment for parking adequate to handle twenty five manufacturing employees. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that this amended site plan No. 006 -79 be approved with the additionalamendment that adequate parking to handle twenty -five manufacturing employees be added. PUBLIC HEARINGS CONDITIONAL USE PERMIT Request for a conditional use permit No. 002 -80, Roadway Express, Inc., for a motor freight terminal in the Back Creek Magisterial District. ACTION- Tabled until June 18, 1980 Meeting Mr. Bob Mitchell, Attorney for Roadway Express, Inc., came forward and requested that this conditional use permit be tabled until 1052 Planning Commission Minutes -5- 6/4/80 the June 18, 1980 Planning Commission meeting.so that the site plan and conditional use permit can be heard simultaneously. Mr. Stiles made a motion that this conditional use permit No. 002 -80 be tabled until June 18, 1980. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby table further action on conditional use permit No. 002 -80 of Roadway Express, Inc. until their meeting of June 18, 1980. REZONING Zoning Map Amendment Petition No. 008 -80 of Donald D. Stokes, requesting 1.144 acres zoned R -1 be rezoned B -2, in the Shawnee Magisterial District. ACTION - Recommend Approval The Secretary first gave background information, noting that the Health Department does not recommend approval. Mr. Donald Stokes then came forward and introduced himself to the Commission, noting that there will not be a full time salesman there. Mr. Stokes noted that this would be storage as much as anything and explained that the wife of the neighbor would be handling sales. Chairman Gordon next asked for anyone in favor or opposition. Mr. Riley next added that the site distance is poor and further questioned the sale of something that would be secondary and incidental to the principle use, with no improvements proposed on the lot. In answer to Mr. Stiles' question, Mr. Sluder explained that the Health Department-would find no problem if the sales person had facilities in their nearby home. Mr. Sluder added that if there were to be an office on the property, facilities would need to be provided. In answer to Mr. Brumback's question, Mr. Sluder noted that the sanitarian found no drainfield site on the property. 1053 Planning Commission Minutes -6- 6/4/80 Mr. Stokes commented that he would not put sewer in because of the possibility of water and sewer in this area. Mr. Stiles stated that you can not turn down an applicant because of poor access. Mr. Horne explained that good planning should be considered at the time of rezoning and noted that this B -2 zoning would be in the middle of an existing residential zone and would constitute strip commercial development along a highway that is getting more crowded every day. Mr. Stokes noted that except for a 75' lot there is B -2 zoning in the area and also noted that there is an Antique shop further up Route 778. Mr. Horne informed the Planning that an adjoiner across Route 522, Mrs. Pingley, had called the office in opposition. Mr. Kirk next made a motion to approve this rezoning request. This was seconded by Mr. DeHaven. Mr. Pangle stated that the amount of traffic would not be a problem, however, a tractor trailer might create a problem. In answer to Mr. DeHaven's question, Mr. Pangle noted that there were some uses in the B -2 zoning that would be particularly bad for this property. Mr. Stiles commented that the property itself would be self- limiting.due to the lack of a drainfield site and entrance on Route 522. There being no further discussion on the motion, Mr. Golladay called for the vote.as follows: YES - Messrs. Kirk, DeHaven, Golladay Stiles NO - Messrs. Gordon and Brumback BE IT RESOLVED, that the Planning Commission by a majority vote, recommends approval of the rezoning request No. 003 -80 of Donald D. Stokes from R -1 to B -2 to the Board of Supervisors. 1054 Planning Commission Minutes -7- 6/4/80 Zoning Map.:Amendment Petition No. 004 -80 of 0. L. Payne, requesting 1.2 acres zoned A -2 be rezoned M -1, in the Stonewall Magisterial District. ACTION - Recommend Denial The Secretary first gave background information explaining that the business is now a nonconforming use and could continue as such. Mr. Riley also explained that this rezoning would not be in conformity with-the Comprehensive Plan. Mr. 0. L. Payne next came forward and introduced himself to the Commission and noted that he has been at this location for seventeen years. Mr. Payne also commented that the entrance was put in according to State regulations in 1966. Mr. Riley explained that the staff was concerned with the access to the rear of the property since the right -of -way width is only approximately twenty feet. Mr. Riley also commented that Mr. Payne could now expand 50 %.and that this nonconforming use would continue even if ownership were to change.so long as it did not remain vacant for longer than two years. Mr. Payne commented that he desired to be zoned what his use actually is and noted concern that the County rules could change in the future. Mr. Horne stated that Mobile.Home Zones need to be given as much consideration as other residential zones. Chairman Gordon next explained that the grandfather clause would protect the future use of this property. Mr. Robert Ravens of Fr.ont.Royal Road came forward and introduced himself to the Commission and stated that a trailer park should not stop Mr. Payne from expanding. 1055 Planning Commission Minutes -8- 6/4/80 There being no opposition, Mr. Stiles made a motion to approve this rezoning request. This was seconded by Mr. DeHaven. Mr. Brumback commented that adjacent landowners need to be protected as well as a man's right to conduct his business. Mr. Stiles pointed out that because of setback lines on this lot the largest structure that could be constructed would be in the neighborhood of 150' long by 80' to 100' wide. Chairman Gordon noted that this is still an island of industrial zone within residential and questioned what is good zoning and planning. Chairman Gordon next called for the question and the vote follows: YES - Messrs. Kirk, DeHaven, Stiles NO - Messrs. Golladay, Brumback, Gordon BE IT RESOLVED, that the Planning Commission, by a tie vote, recommends denial of the Rezoning Request No. 004 -80 of 0. L. Payne to the Board of Supervisors. Zoning Map Amendment Petition No. 005 -80 of 0. L. Payne, requesting 19 acres zoned MH -1 be rezoned M -1, in the Stonewall Magisterial District. ACTION - Recommend Approval The Secretary first gave background information noting that this rezoning would be in conflict with the existing land use in the area. Mr. 0. L. Payne came forward and explained that he would like to build a shop for the well drilling business on this parcel. Mr. Stiles pointed out the area on a visual aid, noting that there are a number of parcels zoned M -1 in the area. Chairman Gordon next called for any one in opposition. There being none, Mr. Stiles commented that he had been in touch with most of the property owners in the area and found no one in opposition. Mr. Stiles also noted _.that this piece of property is a 1056 Planning Commission Minutes -9- 6/4/80 logical place to expand. Mr. Stiles next asked if it might be wise to ask Mr. Payne to divide the parcel according to the zoning. Mr. Stiles also expressed that he felt it was better to have this than trailers in this area . In answer to Mr. Gordon's question, Mr. Payne explained that acreage is lost due to the wet areas.and, therefore, the 19 acres is needed. Mr. DeHaven made a motion to recommend approval of this rezoning request. This was seconded by Mr. Stiles. Mr. Golladay added that he looks at this piece differently than he does the first piece since this is not a nonconforming use and because it is zoned Mobile Home. Mr. Brumback commented that he prefers rezoning just what is to be used. Chairman Gordon next called for the question and the vote is as follows: YES - Messrs. DeHaven, Stiles, Golladay, Kirk NO - Mr. Brumback BE IT RESOLVED, that the Planning Commission, by a majority vote, recommends to the Board of Supervisors approval of the Rezoning Request No. 005 -80 of 0. L. Payne. Zoning Map Amendment Petition No. 006 -80 of 84 Lumber Company, requesting 3.5 acres now zoned B -2 be rezoned B -3, in the Stonewall Magisterial District. ACTION - Tabled until June 18, 1980 The Secretary gave background information. Mr. Charles Moore and Mr. Dave Darchuk of 84 Lumber Company came forward and introduced themselves to the Commission. 1057. Planning Commission Minutes -10- 6/4/80 In answer to Mr. Stiles' question, Mr. Moore noted that the five acre tract will be purchased if the rezoning of the 3.5 acres takes place. Mr. Stiles commented that he would like to see rezonings be made on entire parcels and questioned if 84 Lumber intended to use the right -of -way from Route 11. Mr. Moore stated that 01d Red Bud Road would be used. Mr. Pangle explained that he did not think, on the remaining B -2 zoned property, that the Highway Department would allow an entrance that close to the Interstate 81 ramp. Mr. Stiles explained that this is an easement that cuts across the corner of the McDonald's property.and further commented that the possibility of this use coming out to, Route 11 should be cut off. Mr. Stiles noted that the question of right -of -way needs to be addressed prior to rezoning. Mr. Stiles further suggested the possibility of an easement through the 3.5 acres to Red Bud Road for the remaining B -2 lot, explaining that this would bring the traffic to the light and keep the traffic with the flow of traffic. Mr. Stiles also noted that, after talking to the residents'in the area, it was the consensus of opinion that this might be a better use than others and asked that the residents be afforded as much protection as possible. Chairman Gordon next asked for any one in opposition. Mr. Darchuk explained that they were only seeking the rezoning on the section they planned to use. Mr. Stiles next made a motion to table further discussion on this rezoning request until June 18, 1980 Planning Commission meeting and asked that the 84 Lumber representatives meet with the Staff, Mr. DeHaven and Mr. Stiles to work out the question of easement prior to 1058 Planning Commission Minutes -11- 6/4/80 that meeting. This was seconded by Mr. DeHaven. In answer to Chairman Gordon's question regarding the subdividing of this lot, Mr. Riley explained that 84 Lumber is just showing the limits of zoning from B -2 to B -3. Mr. Brumback stated that now, at the time of rezoning, is the time to determine if another right -of -way needs to be required. Mr. Moore explained that an agreement had been made that another fast food establishment could not be built for twenty years. To answer Chairman Gordon's question, Mr. Riley stated that the easement could be vacated by petitioning the Board of Supervisors and could only come as a request from the petitioner voluntarily. Mr. Stiles next asked if 84 Lumber would be willing to grant an easement through the property. Mr. DeHaven noted that he would like to see an easement on the site plan and commented that he preferred the entire acreage be rezoned to B -3. Chairman Gordon next called for the question and the vote was unanimous to table until June 18, 1980. BE IT RESOLVED, that the Planning Commission does hereby table further discussion on Rezoning Request No. 006 -80 of 84 Lumber Company until June 18, 1980. Zoning Map Amendment Petition, No. 007 -80 of Donald L. Fowler, requesting property zoned A -2 be rezoned B -3 in the Stonewall Magisterial District. ACTION - Withdrawn The Secretary gave background information, noting that this rezoning does not conform to the Comprehensive Plan. Mr. Sluder commented that a drainfield site has not been found. 1059 Planning Commission MInutes -12- 6/4/80 Mr. Donald L. Fowler came forward and introduced himself to the Commission, explaining that they are a transport business and noting that there is seldom anyone on the premises. Mr. Stiles questioned if this parcel could be used for the storage of mobile homes with a conditional use permit as a nonconforming use. Mr. Riley acknowledged that it could be approached that way instead of the rezoning if it was a nonconforming use. In answer to Mr. Stiles' question, Mr. Sluder noted that the Health Department had no concern if this was only to be used for storage. Mr. Sluder commented that a toilet facility would be required if there were employees on the premises. Mr. Sluder also commented that, for limited use, he would consider the use of a gas -fired toilet. Mr. DeHaven next abstained from personal consideration of this request since he is an adjoining property owner. Mr. Fowler next formally withdrew his rezoning request. CONDITIONAL USE PERMITS Request for a conditional use permit No. 003 -80 of Albert and Sandra Poore for an auto repair garage in the Back Creek Magisterial District. ACTION - Recommend Approval w /conditions The Secretary first gave background information, noting that increased traffic on a private right -of -way may affect common users of the right -of -way. Mr. Albert Poore next came forward and noted that he was disabled and would like to operate a garage on his property. Chairman Gordon asked that any person in favor of this petition and wishing to speak to please come forward. Mr. James Gulich, a resident of Mt. Falls came forward and 1060 Planning Commission Minutes -13- 6/4/80 expressed that Mr. Poore has the right to support his family and.to give the residents of Back Creek District a service needed in the area. Mr. Gulich also noted that there are now many home - operated businesses in Back Creek District.and asked.that the Commission give Mr. Poore every consideration. Mr. Paul Zimmer next came forward and introduced himself to the Commission and stated that traffic would not be created since this gentleman would be working by himself. Mr. Col. Hess next introduced himself to the Commission and stated there are approximately thirty people in attendance today in favor of this petition. Mr. Ronald Smith came forward, noting that he is the closest property owners to Mr. Poore and not concerned about the safety. Mr. Smith also commented that Mr. Poore would be doing the neighborhood a great service.. Chairman Gordon next asked for any person in opposition. Ms. Anna Hedrick came forward and introduced herself to the Commission, noting that she owned property sharing the right -of -way. Ms. Hedrick expressed that she did not want to stand in the way of anyone making a living but felt this place would not be suitable. Ms. Hedrick also commented that the affect on adjoining landowners should be con- sidered. Ms. Hedrick also noted that this right -of -way is graveled and is the only access to this property. Ms. Hedrick next addressed the concern she had with regard to this residential /recreational land and the affect this operation might have on wildlife, forests and water sheds. Mrs. Ben. M. Hedrick next came forward and introduced herself to the Commission, noting that she owns a.farm and lives in the 1061 Planning Commission Minutes -14- 6/4/80 area and uses the right -of -way Mrs. Hedrick commented that her daughter plans on using the land for their retirement home when they retire. Mrs. Hedrick also noted that the land was purchased in order to enjoy peace and the quiet life. Mr. Riley next read the following letters which Mr. Stiles moved be made a part of the minutes. This was seconded by Mr. Golladay and passed unanimously. Mr. John R. Riley Director of Planning & Development 9 Court Square Winchester, Virginia 22601 Dear Mr. Riley: May 31, 1980 RE: June 4th Permit Hearing I am sending this letter to register my strong opposition to a permit allowing Albert Poor to construct a public garage in connection with his residence on Parcel "C ", Backcreek District, Frederick County, Virginia. I own 9.5 acres running from the former Alice Bently land along Route 600 to the center line of Flint Ridge Road (Parcel B -2), and another 4.5 acres farther back Flint Ridge Road (Parcel D -1), as shown on the attached Platt. This land has been in my family for almost one hundred years and was destined to be the location.of my retirement home. I heartily object, therefore, to such a home occupation as proposed by Mr. Poore, as it will most surely ruin my plans of a private residence to have a public garage located in such close proximity. Also, the above parcels include one -half of the accessway known as Flint Ridge Road, to the east and to the west of Mr. Poore's property and through which Mr. Poore must pass in either direction to gain access to his property. I am under the impression that, since this is a private easement, business traffic as proposed by Mr. Poore would not be in keeping with the intent of such a private easement. On the grounds of maintaining this land for its most beneficial utilization as private residence and to avoid violation of the private easement, I ask that you deny this request for a permit to construct a public garage. s /Ben H. Hedrick 107 Pumpkin Lane Syracuse, New York 13219 1062 Planning Commission Minutes -15- John R. Riley Director, Planning & Development 9 Court Square Winchester, Virginia 22601 Dear Mr. Riley: 6/4/80 Mr. & Mrs. Michael S. Hollis 17 Swanage Road Richmond, Virginia 23235 June 1, 1980 We . are writing in regard to the conditional permit of Albert Poore for a public garage located on the private easement across Route 600 from our property. My husband and I plan to: retire to the above mentioned property and . a public garage on that easement would definately devalue the area. Since.we are unable to attend the hearing regarding this matter on June 4th, we want to express our objection. When one buys a piece of property, there are obligations inherent to the location of that property. Mr. Poore purchased on a private easement instead of a public road. We don't think anyone should expect to open a business in such a location. And if Mr. Poore is allowed to do so, that sets a precedent for other businesses in this secluded residential - agricultural area. As this is a private ease- ment, it would be contrary to its use to open it to the public. Your favorable consideration of these comments will be appreciated. s/ Michael S. Hollis s/ Laura H. Hollis Mr. John Riley, Planning Director Ellis Woods Road Frederick County Box 206, R. D. 2 Dept. of Planning & Development Phoenixville, Pa P. 0. Box 601 June 1, 1980 Winchester, Va. 22601 19460 Subject: Albert and Sandra Poore - Conditional Use Permit for: An auto Repair Garage Dear Sir: It is the opinion and desire of the undersigned adjacent property owners that the land use of the subject property be..maintained_as_.residential. To allow the establishment of a commercial facility at this location would detract from the value of the existing residential properties and quite possibly create an eye -sore through the accumulation of abandoned vehicles. Your consideration of our request that the Use permit be denied is appreciated. Sincerely, s/ Nancy B. Dill s /W. Edwin Dill 1063 Planning Commission Minutes -16- 6/4/80 In rebuttal, Mr. Poore explained that he is the sole person maintaining the right -of -way. Mr. Poore also stated that he would like to place a pond on his property for fire protection. Mr. Poore noted that this would be his own business. Mr. Brumback next asked how many residents this fifty foot right -of -way served? Mr. Poore answered five houses, including his own. In answer to Chairman Gordon's question, Mr. Poore commented that it was 1/4 mile to the next residence in answer to Chairman Gordon's question, Mr. Poore explained that if he decided to expand he would purchase another piece of property. Addressing the increase in traffic, Mr. Poore explained that he would only be doing five jobs a day. Chairman Gordon next asked for the staff's feelings on this request being that it is on a private - right -of -way rather than a State maintained road. Mr. Riley noted that he was reluctant to look at a situation served by private access when there is common ownership by several parties who are opposed to the use of this access for this type of use. Mr. Stiles next moved to retire into executive session. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby retire into executive session to discuss legal matters. Mr. Brumback then made a motion to return to regular session. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby return to regular session. Chairman Gordon noted that the Planning Commission discussed legal matters during the exectuive session. 1064 Planning Commission Minutes -17- 6/4/80 Mr. Stiles next made a motion to recommend approval of Conditional Use Permit Number 003 -80 with the following conditions: (1) That it be non - transferable; (2) Mr. Poore be the only employee; (3) That it be screened from visibility of the right -of -way and residences either by natural growth and contour or artificial screen; (4) No outside storage of automobiles or parts; (5) Hours of operation of 7:00 a.m. to 7:00 p.m., Monday through Saturday; (6) This permit be issued for one year and reviewed at the end of that year. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously recommends to the Board of Supervisors approval of Conditional Use Permit No. 003 -80 with the conditions that: (1) It be non - transferable; (2) Mr. Poore be the only employee; (3) It be screened from visibiltiy of the right -of -way and residences either by natural growth and contour or artificial screen; (4) No outside storage of autombiles or parts; (5) Hours of operation of 7:00 a.m. to 7:00 p.m., Monday through Saturday; (6) This permit be issued for one year and reviewed at the end of that year. Request for a conditional use permit No. 004 -80 of Ernest C. Layman for an existing two -bay garage for light auto, truck and machinery repair specializing in welding in the Opequon Magisterial District. ACTION - Recommend Approval with conditions The Secretary first gave background information. Mr. Ernest Layman next came forward and introduced himself to the Commission. Mr. Golladay next questioned Mr. Layman asking if he would be able to live with the hours of operation of 8:00 a.m, to 6:00 p.m., Monday through Friday and 8:00 a..m. on Saturday. Mr. Layman asked if he was to pull the doors closed could he work within the building? 1065 Planning Commission Minutes -18- 6/4/80 Mr. Sluder next asked if there would be any employees other than Mr. Layman, and explained that the Health Department has issued a permit for the upgrading of that system. Mr. Sluder acknowledged that the system should be looked at from time to time to see if it will need to be upgraded. Mr. Curtis Hansen next addressed the Commission noting that a representative of the Health Department told him the system was working. Mr. Golladay made a motion to recommend approval of this conditional use permit to the Board with the following conditions: (1) Satisfy Health Department requirements; (2) Outside storage and work to be effectively screened; (3) Daylight hours of operation Monday through Saturday; (4) If the use is discontinued, or occupancy of building changes, this conditional use permit shall expire and a new conditional use permit will be required; (5) This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously recommends approval of Conditional Use Permit No. 004 -80 to the Board of Supervisors with the following conditions: (1) Satisfy Health Department requirements; (2) Outside storage and work to be effectively screened; (3) Daylight hours of operation Monday through Saturday; (4) If the use is discontinued, or occupancy of building change, this conditional use permit shall expire and a new conditional use permit will be required; (5) This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. Request for a conditional use permit No. 005 -80 of Robert & Betty Kerns, for a garage in the Gainesboro Magisterial District. ACTION - Recommend Approval w /conditions 1066 Planning Commission Minutes -19- The Secretary first gave background information. RFAF : R Mr. B. J. Tisinger next came forward and introduced himself as being Mr. Kerns' attorney. Mr. Tisinger explained that the commercial access is being put in and the Health Department has given a permit and the lines have started to be placed for a drainfield. Mr. Tisinger added that 300' of fence for screening has been placed. Mr. Tisinger also commented that all of the conditions recommended by the staff can be lived with except for the hours of operation since Mr. Kerns would be on call 24 hours a day seven days a week to assist with accidents. Mr. Stiles suggested that no hours of operation be placed, as this garage is isolated,.and suggested the outside storage of vehicles be limited to four vehicles. Mr. Tisinger suggested that perhaps instead of hours of operation it should read hours open to the public. Mr. Stiles next made a motion to recommend approval of this conditional use permit to the Board with the following conditions: (1) Outside storage of inoperative vehicles shall not exceed four vehicles; (2) All outside storage shall be adequately screened; (3) Hours open to the public be daylight hours Monday through Saturday, except in the case where emergency service is required by local law enforcement agencies; (4) If the use is discontinued, or occupancy of building changes, this conditional use permit shall expire and a new conditional use permit will be required; (5) This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. BE IT RESOLVED, that the Planning Commission recommends approval of conditional use permit No. 005 -80 to the Board of Supervisors with the following conditions: (1) Outside storage of inoperative vehicles shall not exceed four vehicles; (2) All outside storage shall be adequately screened; (3) Hours open to the public be daylight hours, Monday through 1067 Planning Commission Minutes -20- ME Saturday, except in the case where emergency service is required by local law enforcement agencies; (4) If the use is discontinued, or occupancy of building changes, this conditional use permit shall expire and a new conditional use permit will be required; (5) This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. There being no further business to come before the Planning Commission, Mr. Kirk made a motion that the meeting be adjourned. This was seconded be Mr. DeHaven and passed unanimously. Respectfully Submitted,