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0 <br />THE RACETRACK IN 1964; THE SURROUNDING PORTION IN 1969; AND THE POND AREA <br />IN 1973. HE CONTINUED THAT THE ZONING REGULATIONS IN 1957 DID NOT LIST <br />MINING AS A PERMITTED USE IN ANY DISTRICT.• IN 1959 THE REGULATIONS WERE <br />REVISED, AND IN THE ADDENDUM, MINING WAS PERMITTED IN AN AGRICULTURAL DIS- <br />TRICT WITH A 50 -FOOT REQUIRED SETBACK. <br />COMMISSIONER MASSEY POINTED OUT THAT MINING WAS NEVER ALLOWED IN <br />AN M-1 ZONE, ONLY AGRICULTURAL. <br />COMMISSIONER SCHMUCK'^R ASKED IF. THE DITCH WAS DUG.ALONG THE PROP- <br />ERTY LINE AFTER MR. JENKINS BOUGHT THE PROPERTY, <br />MR. JENKINS STATED IT WAS THERE BEFORE HE BOUGHT THE PROPERTY. <br />VAL BRENNAN, COUNTY PLANNER, PRESENTED AERIALS OF THE PROPERTY <br />FOR THE YEARS 1942, 1951 AND 1957, FOR THE BOARD TO STUDY. <br />ATTORNEY COLLINS STATED THAT HE FELT THE ORIGINAL PIECE OF PROP- <br />ERTY MR. JENKINS PURCHASED IN 1964 WOULD BE NONCONFORMING, BUT THE OTHER <br />PIECES WOULD NOT BE, <br />MR. JENKINS PRESENTED AN AERIAL TAKEN IN 1972 FOR THE BOARD TO <br />STUDY, <br />DISCUSSION FOLLOWED IN REGARD TO WHEN THE LAND WAS DUG OUT AND IN <br />WHAT LOCATION, AND COMMISSIONER SCHMUCKER STATED HE WOULD LIKE TO ESTABLISH <br />WHETHER MR'.' JENKINS DUG PROPERTY OUT ADJACENT TO THE PROPERTY LINE OR <br />WHETHER SOMEONE ELSE DID. IT WAS GENERALLY FELT IT WAS A COMBINATION OF BOTH, <br />BUT DEWEY WALKER AND ATTORNEY COLLINS POINTED OUT THAT MR. JENKINS HAS DUG <br />UP TO THE PROPERTY LINE TO A FURTHER EXTENT SINCE 1973. <br />COMMISSIONER SCHMUCKER NOTED THAT ALTHOUGH MR, JENKINS DID NOT DO <br />ALL THE DIGGING IN THE RESTRICTED AREAS HE DID DO SOME AND SUGGESTED IF HE <br />WERE ALLOWED TO BEGIN OPERATIONS AGAIN, THAT ONE OUT OF EVERY FOUR LOADS <br />DUG BE HELD OUT TO BE USED AS BACKFILL. HE FELT THIS MIGHT MAKE IT POSSIBLE <br />FOR MR, JENKINS TO SURVIVE, GET THE USE OF HIS PROPERTY AND AT THE SAME TIME <br />MAKE THE REQUIRED CORRECTIONS TO A SITUATION HE ONLY PARTIALLY CREATED, <br />C+OMMI.SSIONER LOY NOTED THAT SUCH AN OPERATION WOULD HAVE TO BE <br />SUPERVISED. ` <br />ATTORNEY COLLINS STATED THAT THERE ARE OBVIOUS VIOLATIONS AND HE <br />FELT IF THE BOARD SHOULD TAKE REMEDIAL PROCEDURES, THEY MIGHT CREATE SOME <br />SORT OF A WAIVER'IN REGARD TO ENFORCEMENT OF THE ORDINANCE AT A LATER DATE. <br />AUG 181976 <br />20 <br />