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MOTION WAS MADE by Commissioner Adams, <br />SECONDED BY Commissioner Ginn, for the Board to <br />approve staff's recommendation. (Motion was withdrawn <br />later in the meeting) <br />Discussion ensued. <br />County Attorney Collins said the criteria for a sand mine is to have direct access to <br />a collector or arterial roadway. They do have the access to Babcock, but they do not have the <br />300' separation from residences. Therefore, they have proposed an access on 99th Street at a <br />point not within 300' of any residence; to make some improvements at the intersection; and to <br />meet the criteria of direct access to a collector, arterial, or local road that serves only non- <br />residential uses, or properties designated for non-residential uses. <br />Mr. O'Haire pointed out that the local road they would access is designated for <br />non-residential uses, and staff said they allow residences in agricultural zoning districts. There is <br />a distinction between a zoning district and a planned use designation and he reads it that the <br />Godfreys qualify for approval. <br />Commissioner Lowther said he had no problem in granting approval. <br />Chairman Macht commented that if they meet the requirements of the law and are <br />denied here by the Board, they have a remedy in civil court. <br />Commissioner Ginn withdrew her second to the motion. <br />(Motion died for lack of a second.) <br />NOVEMBER 18, 2003 31 <br />