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agricultural. He noted that his position holding that the BZA has jurisdiction to grant or deny Parlagreco’s application rests on the property being zoned agricultural on information supplied by zoning administrator Evan McNear.
If the slope is over 14 per cent, as indicated by testimony at the hearing and by opinions of the BZA members following their onsite inspection, then the land is zoned conservation, according to Baumgardner. He further stated that if this is the case, then the zoning appeals board has no jurisdiction to hear the case 'as the application is presently drafted."
Biddle said that application for a special use permit was filed on the basis of the property being zoned agricultural because that’s the classification the zoning administrator gave to the land.
If the predominant slope on the l4) acres is over 14 per cent, then the special use permit must be amended and-or redrafted, according to Baumgardner, since the criteria the BZA must consider in granting a special use permit are different for the two zones. Continuing with testimony, Don Hudson, a nearby landowner, stated his opposition to granting the permit. Mrs. Irma Hensley maintained that approval would lower the value of the 548 acres she owns surrounding the propsed apartment tract. She also expressed concern over pollution to Allen Run. noting that the stream runs through property she has rented for cattle pasture.
Drainfield Adequate? Carroll Fox. identifying
87.0%