MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

July 6, 2010

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, July 6, 2010. 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. 2010-03 - Applicant: Elk Point, LLC. Property Location: Elk Point Drive, Elkton, MD 21921. Election District: 3, Tax Map: 37, Parcel: 3. Presently Zoned: Suburban Residential, (SR) / Maritime Business, (MB). Request: Request to rezone 27.995 Acres +/- from Maritime Business (MB) to Suburban Residential, (SR). Property Owner: Elk Point, LLC. c/o Mike Novak.

All witnesses presenting testimony were sworn in by Administrator Wein

Attorney, Mr. John Gessner, Mr. Mike Novak and Doug Kopeck appeared before the Board in support of a request to rezone 27.995 acres of property located at Elk Point Drive, Elkton, MD 21921 from Maritime Business, (MB) to Suburban Residential, (SR). This request is based upon the substantial change in the area since the 1993 Comprehensive Rezoning and a legal mistake made in the rezoning of the property in 1993 to Maritime Business, (MB). Mr. Gessner testified when the property was zoned Maritime Business, (MB) in 1993 there was a functioning commercial marina. From 1993 to the time Mr. Novak purchased the property in 2007 there was step decline in the business and it was no longer a functioning marina. The Maryland Department of Environment has determined Mr. Novak cannot continue to use of the property as a marina and would not be able renovate the property to the previous condition. Under the current proposal being considered Mr. Novak would like to offer a private marina as an amenity to the single family homes.

Commissioner Comments:

Commissioner Mullin inquired if there was well and septic.

Mr. Kopeck stated there was private well and septic, and there have been over hundred soil test completed by the Health Department to ensure the proposal meets the standards of the Health Department.

Commissioner Mullin inquired about the old structures and if they would be removed.

Mr. Gessner confirmed these structures would be removed.

COMMENTS SUPPORT/OPPOSITION:

No one appeared to speak.

Eric Sennstrom, Director of Planning & Zoning presented the recommendation of approval on behalf of the Staff and the Planning Commission, based upon the substantial change in the character of neighborhood since the last Comprehensive Rezoning in 1993.

Clifford Houston, Zoning Administrator read the findings of facts.

Commissioner Comments:

Commissioner Demmler asked if there has been any feedback from The Cecil County Airport.

Mr. Novak stated The Cecil County Airport was in agreement to the proposal.

The decision for rezoning request will be placed on the Board's agenda for the July 20, 2010 meeting.