City Attorney Gives Opinion on Stockberger Cement Mixer Business

December 4, 2014

Stockberger_Cement_1Carl Stockbeger’s property at the corner of Western Avenue and Pilgrim Lane was discussed again during Tuesday night’s City Plan Commission meeting.

A few members of the commission have voiced concern of the cement mixer business located there. Their contention is that the business is a salvage operation and therefore is not a permitted use in a commercial zoning district. That type of operation would be allowable in an industrial zoning district.

Stockberger_Cement_trucksCDS Mixers & Parts promotes their business on line as a cement mixer refurbished and parts supplier.

Tuesday evening, City Attorney Sean Surrisi told Plan Commission members, “I’ve had the opportunity to meet with Mr. Stockberger on a couple of occasions and it is my opinion that the State has really decided the issue.” He said Stockberger has been issued a license as a motor vehicle dealer rather than a salvage vehicle dealer business.

Stockberger_Cement_partsSurrisi said, “It’s been classified that by the Secretary of State’s Office that that’s the nature of the business.” He continued, “As far as I’m concerned that keeps it from going into that salvage lot operation that we had talked about.”

Plan Commission President Doug Feece asked, “It appears to be a salvage yard also. I know I’m drawing straws here but I know I’m gona get asked this question because I’ve already been asked the question. There’s parts laid out like a salvage yard and just because we are selling used cars on the lot doesn’t mean that other things aren’t going on on the lot.” He concluded his comments by saying, “All I’m asking for is for him to come in and ask for a special use variance from the BZA. I think this whole thing would be resolved if he would do that.”

Stockberger_Cement_parts2Commission member Greg Compton said that every auto dealer is town sell parts and Feece commented that they don’t store them on site.

Mr. Stockberger was at the meeting but didn’t speak during the meeting.

Stockberger_Cement_trucks2