The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, May 1, 2007.  The following members of the Board were present:

William C. Manlove, President
Mark H. Guns, Vice President
Rebecca J. Demmler, Commissioner
Brian Lockhart, Commissioner
Wayne L. Tome, Sr., Commissioner

Constituting a full Board.

The meeting was called to order by President Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.

A Court Reporter recorded a verbatim transcript of this pubic hearing.

FILE NO: 2007-2 - Applicant: Thomas E. and Darlene Kemp. Property Location: 1952 Colora Road, Colora, MD. Election District: 6, Tax Map: 17, Parcel: 148. Presently Zoned: Northern Agricultural Residential, (NAR). Request: To rezone approximately 11.19 acres from Northern Agricultural Residential to Rural Residential (RR). Property Owner: Thomas E. & Darlene L. Kemp.

The application was read, and all witnesses were sworn by Administrator Wein.

Thomas E. and Darlene L. Kemp, Property Owners, appeared before the Board in support of a rezoning application filed on February 20, 2007 to rezone approximately 11.19 acres located at 1952 Colora Road, Colora, MD from Northern Agricultural Residential (NAR) to Rural Residential (RR). The applicants base their request on a mistake in the 1993 comprehensive rezoning, and the fact that they were granted a variance of road frontage requirements by the Board of Appeals in August, 2004; based upon the approval, the Kemps sought the services of an engineering firm for the subdivision of the property and have encumbered significant expense. 

 COMMISSIONER'S COMMENTS:

Commissioner Demmler commented that the property owner should have been aware of the zoning of the property at the time they purchased it.

Commissioner Guns requested any documentation that the property owners possessed showing that the property was incorrectly labeled NAR.

Applicants Exhibit #1 was entered into evidence, a letter from the Office of Planning & Zoning, dated August 23, 2004 and a copy of the Board of Appeals Opinion.

COMMENTS IN OPPOSITION/SUPPORT: 

Phyllis Kilby, Firetower Road, Colora, MD - commented in opposition to the rezoning of the property.  Mrs. Kilby stated that this property has been used for many years for agricultural purposes and a rezoning in this area would only set a precedent for future zoning changes to occur.

George Kaplan, 30 Oak Street, Colora, MD - commented in opposition to the rezoning, and stated that there was no proof of a change in the area or mistake in the 1993 Comprehensive Plan.

Ed Cairns, Jackson School House Road, Elkton - commented in opposition to the rezoning, and stated there were no changes or a mistake.

Diana Broomell, Colora, MD - commented in opposition to the rezoning request and stated that rezoning this property would only set a precedent for future zoning changes.

Ken Jenkins, Colora, MD - commented in opposition and presented a zoning map that reflected the zoning of the parcel at the time of the purchase to be Northern Agricultural Residential (NAR).  The zoning map was entered as Opposition Exhibit 1.

Charles Herzog, Colora, MD - stated that he owns and farms property adjacent to the Kemp's property and is vehemently opposed to a rezoning.  He empathized with the Kemp's and the position that they have been placed as a result of a clerical error, and suggested that they seek legal council for action against the engineering firm.

Eric Sennstrom, Director of Planning & Zoning advised the Board that the Planning staff's recommendation was for approval of the rezoning based on a mistake in the 1993 Comprehensive Rezoning.  The Planning Commission has also recommended approval, based upon a mistake in the 1993 Comprehensive Rezoning. 

Clifford Houston presented the findings of facts.

The decision of the Board will be placed on the Board of County Commissioners Meeting Agenda on May 15, 2007.  The meeting will take place at the Charlestown Elementary School at 7:00 p.m.

With no further business to discuss, the meeting concluded.

Alfred C. Wein, Jr.
County Administrator

APPROVED:
William C. Manlove, President