Robert Muckler will be back in front of the Franklin County Planning and Zoning Commission.
Muckler will once again try to rezone a parcel of property. The meeting will be Tuesday, May 15, at 7 p.m. at the county government center in Union.
Muckler was granted a rezoning for property located just off Highway OO north of Spring Valley Road and 1,000 feet from the Pacific city limits in December 2016. The county commission agreed to change the zoning from suburban development (SD) to nonurban and agricultural (NUA).
With the zoning change, the plan board gave Muckler a conditional use permit in April 2017 to use the site to host wedding events.
The CUP and the rezoning were both challenged. The Franklin County Board of Zoning Adjustment upheld the CUP in August 2017, however the rezoning was denied in late March.
According to the ruling handed down March 29, by Franklin County Associate Circuit Judge David Hoven, the Franklin County Commission violated two state statutes and one section of the county land use regulations by failing to refer a proposal to the planning and zoning commission, to conduct a public hearing and by failing to vote to determine whether the hearing should remain open and continued at a later date.
Based on Hoven’s ruling, the rezoning was reverted back to SD and the CUP was void since wedding venues are not allowed in that district.
Hoven’s main point in reversing the rezoning decision was that the county adjusted the application on the fly and didn’t follow proper procedure. Muckler originally requested a rezone of all 30 acres on the site, but was convinced to shrink the area to around 9.5 acres.
With the smaller site, the county commission signed off on the plans. Hoven said the county shouldn’t have allowed Muckler to change the size without following proper procedure.
The decision puts things back at square one so Muckler will start over. He has refiled and is requesting to rezone 13.94 acres this time on the same site.
Also on the agenda, the plan board is expected to review proposed amendments to Articles 2, 7 and 11 of the county’s land use regulations.