MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

October 27, 2009

The Board of County Commissioners of Cecil County met for the purpose of a rezoning hearing the County Administration Building, 200 Chesapeake Blvd., Elkton, MD on Tuesday, October 27, 2009. The following members of the Board were present:

• Brian L. Lockhart, President
• Rebecca J. Demmler, Vice President
• Wayne L. Tome, Sr., Commissioner
• Robert J. Hodge, Commissioner
• James T. Mullin, Commissioner

Constituting a full Board.

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

File No. 2009-07 - Applicant: Jay & Patsy Mendenhall. Property Location: Nichols Way, Elkton, MD. Election District: 4, Tax Map: 12, Parcel 315, Lot 2. Presently Zoned: Rural Residential, (RR). Request: To rezone .033 acre from Rural Residential, (RR) to Business General (BG). Property Owner: Jay A. and Patsy Mendenhall.

All witnesses presenting testimony were sworn in by Administrator Wein

Keith A. Baynes, Attorney appeared before the Board representing the applicants Jay & Patsy Mendenhall in support of a rezoning application submitted by the Mendenhall's. Also present was applicant, Jay Mendenhall. The request is to rezone .033 acres of Lot 2, as depicted on tax map 12, Parcel 315, Lot 2 for the purposes of storing equipment trailers and U-Haul vehicles. The U-haul business is a new addition to the current family-owned and operated business that has been operated at the location for several generations by the Mendenhall family. Mr. Baynes testified that the rezoning of this portion of the lot would not in any way change the operation and/or appearance of the existing business.

The request for rezoning is based upon substantial change in the neighborhood since the 1993 Comprehensive Rezoning. Mr. Baynes testified that at the intersection of Blueball Road and Route 273 located directly across the street, a High's Store has recently been built and there is a current proposal in the planning and permit stages for a ten-acre strip mall, which will house a drugstore, bank and other businesses, on the north side of Route 273 next to the Mendenhall property.

Mr. Mendenhall testified that the portion of the property he is requesting to rezone; will basically be used as a parking lot and will not alter the property in any way.

Commissioner Demmler asked whether or not a survey had been completed.

Mr. Baynes advised that no survey had been completed.

Commissioner Hodge and Commissioner Lockhart inquired about the possibility of a lot "add-on".

Director Sennstrom and Clara Campbell, Attorney discussed the procedure of an add-on and split zoning for this particular parcel.

COMMENTS SUPPORT/OPPOSITION:

Steve Era, owner of Lot 3, adjoining Mendenhall's commented in opposition to this rezoning request.

Mr. Quickel, proposed owner of Lot 3, commented in opposition and stated that a rezoning would be in violation of deed restrictions. He presented seven (7) photographs of the area, which were marked Oppositions Exhibits #1-7 and a Declaration of Restrictions for Pond's Edge, which was marked Oppositions Exhibit #8.

Eric Sennstrom, Director of Planning & Zoning presented the staff recommendation of disapproval, based upon no change since the 1993 Comprehensive Rezoning.

The Planning Commissioner forwarded a recommendation of approval, based upon substantial change in the character of the neighborhood since the 1993 Comprehensive Rezoning.

Clifford Houston, Zoning Administrator read the findings of facts.