9/6/1978 - Laserfiche WebLink

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CHAIRMAN WODTKE REOPENED THE PUBLIC HEARING ON THE REZONING REQUEST OF DR. HENRY FISCHER, WHICH HAD BEEN CONTINUED TO ALLOW TIME TO DETERMINE IF ANY LOTS HAD BEEN SOLD, COMMISSIONER SCHMUCKER, WHO PREVIOUSLY FILED A CONFLICT OF INTEREST, LEFT THE COMMISSION ROOM AT 4:40 O'CLOCK PA PLANNING DIRECTOR REDICK STATED THAT NO DEEDS TO THESE LOTS HAVE BEEN RECORDED AS OF TODAY. HARLAN PETERSON OF TOTAL DEVELOPMENT INFORMED THE BOARD THAT HE HAD TALKED WITH DR. FISCHER, WHO STATED THAT LOT 4fHAS A SALES CONTRACT AGREEMENT ON IT. NO DEED HAS BEEN RECORDED, BUT THE INTENT IS THAT AFTER THE ZONING IS APPROVED, IT WILL BE DEEDED OVER AND RECORDED, HE CONTINUED THAT DR. FISCHER STATED THAT HE IS PLANNING ON PLATTING THESE SIX LOTS AND MAKING THEM PHASE I OF THE 4 SUBDIVISION. THE BOARD STUDIED AN AERIAL OF THE`PROPERTY, AND IT WAS FELT PEOPLE LIVING ON THESE LOTS COULD OBJECT TO HAVING A MINING OPERATION GOING ON BEHIND THEM. COMMISSIONER'SIEBERT FELT THAT IT COULD PRESENT A PROBLEM IF EVERYONE HAVING MINING OPERATIONS WANTED TO COMPLETE JUST PART OF THE OPERATION AND THEN SELL THAT PART OFF.. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO DENY THE REZONING REQUEST OF DR, FISCHER ON THE BASIS THAT THE HIGHEST AND BEST USE OF THE PROPERTY IS A MINING. t -OPERATION, AND TO AGREE THAT WHEN THE MINING OPERATION CEASES, WE WILL THEN ENTERTAIN A REQUEST FOR REZONING OF THE ENTIRE PARCEL. t CHAIRMAN VIODTKE AGREED THAT THIS IS A MUCH BETTER APPROACH. '} r COMMISSIONER LOY FELT THAT THERE AREA LOT OF HAZARDS INVOLVED IN HAVING A MINING OPERATION ADJACENT TO RESIDENTIAL HOMES, ,t PARTICULARLY IN THE AREAS OF HEALTH AND SAFETY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED, WITH COMMISSIONER SCHMUCKER ABSTAINING. 75 SEP 0 6 1978 ,SDA PAU��, Ff; xC:4: