MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

May 6, 2008

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 6, 2008. 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.

Alfred C. Wein, Jr., County Administrator read the application and swore in all witnesses presenting testimony.

File No. 2008-09 - Applicant: William F. and Theresa J. Custer, Property Location: 264 Rock Springs Road, Conowingo, MD. Election District: 8, Tax Map: 9, Parcels 151 & 243. Presently Zoned: (Parcel 243), Business Local (BL) & (Parcel 151) Rural Residential (RR), Request: To rezone 1.36 & 1.01 acres from (Parcel 243), Business Local (BL) & (Parcel 151), Rural Residential (RR), to Business General (BG). Property Owner: William F. and Theresa J. Custer.

Keith A. Baynes, Attorney for applicants appeared with William F. and Theresa J. Custer and presented testimony in support of their rezoning request to rezone 1.36 acres and 1.01 acres from Business Local (BL) and Rural Residential (RR) to Business General (BG). The request is being made to be in compliance with existing Planning & Zoning regulations.

Testimony was presented that the applicants are currently operating a restaurant, "Stone House" Restaurant on parcel 243 and a small flower shop adjacent to the restaurant on parcel 151. Parcel 151 is not zoned for that type of activity; therefore, the applicant's were cited by the Office of Planning & Zoning.

The applicant's, as a result of the success of their business, wish to rezone the entire property to Business General for the expansion of the restaurant and continuation of the flower shop.

Mr. Baynes submitted for consideration, Applicant's Exhibit #1 & 2, letters and signatures from surrounding neighbors and customers in support of the rezoning request. Additionally, 12 photographs of the business were submitted, depicting the rural character of the business.

The request is based upon mistake in the 1993 Comprehensive Rezoning.

Eric Sennstrom, Director of Planning & Zoning presented the staff finding of approval to the Board.

The Planning Commission also recommended approval of the request at their April 21, 2008 meeting.

The decision for this rezoning request will be heard at the Board of Commissioner's meeting on May 20, 2008.

Alfred C. Wein, Jr.

County Administrator

APPROVED:

William C. Manlove, President