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Highland planners conduct initial reviews
BY JAMES JACENICH • STAFF WRITER
MONTEREY - The Highland County Planning Commission held its final meeting of the year Dec. 20. In addition to two public hearings (see related story), the commission reviewed a variance application, two existing conditional use permits and an amendment to the zoning ordinance.
Planners request for vacation home
George Henderson filed an application for a setback variance to allow for the construction of a lawn equipment storage closet and roof over a side entry at his Spruce Street residence in Monterey. The storage closet would not meet the side-yard setback requirement of five feet, but would come within 48 inches of property belonging to Katie Gwinn. The roof overhang, for protection for the side entry, would come within six inches of Gwinn's property line.
The lot is zoned residential (R-1). The Hendersons use the property as a vacation home.
Zoning official Jim Whitelaw said the Henderson property is "already noncomforming in both lot size and setbacks."
Planners set a meeting to look at the property with the Henderson's contractor on Thursday, Jan. 4 at noon.
The planners set a joint public hearing with the board of zoning appeals for 7:30 p.m. Thursday, Jan. 24.
Mountain Tire permit in need of
amendment Stephen Botkin owns Mountain Tire Service of McDowell. Business has been good over the past 14 years since the initial conditional use permit was approved - too good.
"The restrictions on the conditional use permit say that there shall be no more than 15 tires visible from outside the structure," said Whitelaw. He counted 40-50 tires outside on a recent visit.
Botkin said, "This thing was drawn up 14 years ago. At that time they wanted no tires outside. That wasn't going to happen. I said we would try it and see how it went. We had no idea it would turn into what it is today.
"We try not to keep trash tires outside. Everything outside is usable. I have had people ask if (the tires outside) are for sale. If they hadn't seen them they would have kept going. I would like to keep them in, but when you get into big stuff it's hard to do."
Botkin said he disposes of about a pickup load of trash tires per month.
Planner Harry Sponaugle said, "His business has really grew. He has tried to stay in compliance. He built a shed in behind. Our conditional use is creating a hardship."
Cobb agreed. "We have a conditional use permit limited to numbers. You are an asset to the county. I want to work with you."
"There needs to be an allowance for fluctuation," said planner Doug Gutshall.
Botkin would normally have to go through the conditional use process again to change the number of tires he is permitted to have outside - that includes a $100 filing fee, public hearing and a trip to the board of supervisors for final approval.
"I would hate to see you pay another $100," said Cobb. Botkin said his business has grown to the point it serves 10 counties. "I never expected that," he said.
Planners tabled review of Botkin's permit until Cobb has time to discuss options with the county administrator.
Moyers' Auto has too many cars
Planners reviewed a conditional use permit held by Dean Moyers of McDowell, who operates an auto body and auto repair business north of McDowell.
"The permit requires a fence between the two businesses," said Whitelaw. "I also counted 50 some cars. There is no restriction on the number, but the permit said they must be behind the building. He doesn't have title (to the cars); he can't do anything with them."
Cobb said he would discuss options with the county administrator. "We'll do a little investigation," he said. "This is another situation where a guy is doing a service to the community. We've got to work with him."
The simplest solution would be to have Moyers move the vehicles to the back of the building, said Cobb. Sponaugle agreed to talk with Moyers about moving the vehicles.
So does Arbogast's shop
An auto shop run by Roger Arbogast at Forks of the Water has also exceeded the limitations set by a conditional use permit. His permit allows no more than 10 vehicles on his lot. He had 12 when Whitelaw inspected recently. Whitelaw added, "His place looks better than it has in a while."
Cobb noted it was possible vehicle owners did not pick up their vehicles as soon as they were repaired. Cobb said the number of vehicles fluctuates, sometimes more than 10, other times fewer. He said a one-time check was not sufficient to prove non-compliance with the permit.
Zoning change needed for
slaughterhouse
Planners took an initial look at a change request to the zoning ordinance from the board of supervisors. Betty Mitchell, on behalf of the Agricultural Center working group, approached the board earlier in December asking that the zoning ordinance be amended to allow a slaughterhouse as a conditional use on general agriculture (A-2) and light industrial (M-1) zoned properties. The current ordinance allows slaughterhouses as a conditional use in general business districts (B-2).
"I realized that such an enterprise probably would not be appropriate in downtown Blue Grass, McDowell or Monterey," said Whitelaw. Business districts are located in towns.
The board of supervisors agreed and sent a resolution to planners asking the slaughterhouse conditional use be removed from the general business district and added to the agriculture and light industrial zones. The resolution also stipulates that slaughterhouses be located no fewer than 200 feet from a residentially zoned property line, Whitelaw said.
Cobb said the 200 feet restriction might not be necessary. "In Elkins there is a house within 200 feet of a slaughterhouse," he said. "It has been my experience they tend to keep them very clean. You are not going to have a lot of smell. It may be a moot point."
Planners set the public hearing on the ordinance change for Jan. 24. Mitchell said the agricultural center project was moving steadily ahead, but the working group was not yet ready to announce final details on the plan or location. The change to the ordinance is a necessary step, though, on the way to building the facility in Highland, she said. Mitchell also said the working group was told it would probably take seven years to bring the facility from inception through construction and completion. She said they are four years into that process.
Gutshall elected chairman
In the final business of the year, planners elected Gutshall chairman and Jim Cobb vice chairman. Cobb accepted the position with the understanding that in the event the chairman had to be replaced, he would be unable, per the bylaws, to succeed him, having just served two terms as chairman consecutively.
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