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  Top NewsOctober 25, 2007 

Permit request moves ahead
BY CHARLES GARRATT • STAFF WRITER

Stephanie and David Puffenbarger were married just a few days before appearing at the commission meeting, applying to build and operate an automotive garage in the Pond Hill area along route 220. (Recorder photo by Charles Garratt)
WARM SPRINGS - In an unusual move, the Bath County Planning Commission voted to forward a conditional use permit application to the board of zoning appeals without commenting either for or against the application.

David James Puffenbarger applied for a permit to operate an automotive repair garage on 1.3 acres zoned B-2, general business, on U.S. 220 in the Pond Hill area. County planner Sherry Ryder gave the commissioners a petition with 10 signatures and a letter in opposition to the garage.

Chairman Mike Grist noted the letter and petition had been received in the planners' office late in the day Monday, only hours before the meeting. None of those signing the petition or letter attended.

While commissioner Mary Lynn Riner noted the 10 signatures from neighbors would be "very problematic when we come to make our decisions," she agreed with Grist the commission could not hear both sides fairly and equally if those opposed did not attend. She made the motion to send the application onto the BZA without comment. The motion passed 3-0.

Grist said, "There are a lot of permitted uses in B-2 they (neighbors) would not want there." He felt citizens made a big mistake by not attending the planning commission hearings on permit applications.

Planners only reviews conditional use permit applications. The board of zoning appeals makes the final decision to reject or approve them. Last week the BZA rejected an application by Rolf Brunner which had been recommended for approval by the commission.

Grist referred to the Brunner permit when he noted no one came to the commission's hearing to speak in opposition while many neighbors showed up to oppose Brunner's request before the BZA.

In other business, Grist asked Ryder to prepare a sample ordinance to deal with "equines in residential districts." He noted supervisors had requested planners examine the issue and recommend changes to land use regulations.

Grist said he was looking for a rough draft, including the number of acres required, setbacks for barns and fences and other specifications necessary to protect residential neighbors. The commission will have a work session in November with the hopes of scheduling a public hearing in December.

The next meeting of the planning commission will be Monday, Nov. 26 at 7 p.m. in room 115 of the courthouse in Warm Springs.

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