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City Plan Commission Questions Zoning of Cement Truck Operation

April 1, 2014

04/02/14 Tuesday night members of the Plymouth Plan Commission gathered in the County Building for their regular monthly meeting. 

The E&B Paving/Irving Materials rezoning request for the property at US 31 and 11th Road was withdrawn although the board still had items to discuss.  They decided to conduct public hearing on the revised subdivision ordinance and electronic message sign boards.

Board president, Doug Feece told members he had two calls last month from citizens concerned on the business at the corner of Pilgrim Lane and Western Avenue, Carl Stockbereger’s cement truck restoration and parts operation. 

The property is currently zoned C-3 Highway Commercial.  Citizens think the business appears to be a salvage operation which requires an Industrial zone.   Feece said the sign on the building notes parts are for sale so it not just a refurbishing operation. 

Members asked the city attorney, building inspector and planning consultant if the zoning ordinance has a definition for a salvage yard.  There were question as to whether painting the cement trucks would be considered a body shop and then again need the industrial zone. 

Board member Mike Delp asked what the zoning was for American Container that’s right across the street.  He was informed it had an industrial zone.  Delp noted that he believed Mr. Stockberger’s property had been zoned industrial and when Pilgrim Lane was created for the retail businesses his ground was rezoned. 

Building Inspector Keith Hammonds said the sale of automotive parts and accessories are permitted in the highway commercial zoning district.   

It was decided to have the building commissioner stop in and find-out exactly what type of work is being conducted on the property.  At that point Hammonds should be able to determine if the business operations are in compliance.  If they aren’t, it was noted that he could apply for a variance or re-zoning to become compliant.