3/14/1995 - Laserfiche WebLink

Home Browse Search

public health, safety, and welfare. He realized they had met all the tests of the rules and regulations and if they were proposing it on the southern 80 acres, he believed he could not find much justification to deny it, because there was sufficient buffering there between that area and the existing homes. However, he could not in good conscience, considering all the factors, approve the chosen site. He felt it had to have an adverse affect upon the people living immediately adjacent to it. Commissioner Bird wanted to see the plan reconfigured to move the mining part of it away from those residences, to the southern part, and, then, perhaps, he would look at it completely differently. He realized they had spent a lot of time, effort, and expense to come this far in conforming with regulations and he felt badly that it would be denied after having gone through all that, but he thought we ought to consider in the future some minimal distance, even in the agricultural zones, from existing residential units, that without the written consent of the owners of the units, within so many feet of a proposed mining operation, that it would not be approved. He agreed that there was a lot of land, and many property owners might be looking for ways of generating money from their properties, and sand mining might be one of them, but he felt they should consider some kind of buffering. Commissioner Tippin agreed absolutely with Commissioner Bird's comments. He, too, might consider it if it were being proposed on the southern part of the property, but not as it was being proposed. Chairman Macht viewed it very differently, feeling there were risks of living in an agricultural area because other operations associated with agricultural uses might be just as great a nuisance. What set it apart for him was there was nothing in the agricultural zoning that said that you could put a spoiling next to another man's property. He agreed that the zoning was inappropriate and that something needed to be done to identify certain areas to tell people up front that a sand mining operation can or cannot occur there; like moving next to an airport. He agreed that the appellant ought to be upheld. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously agreed that the Planning and Zoning Commission failed to adequately consider the effects on 59 March 14, 1995 booK 94 PK E 606