Thursday, May 8, 2014
Supervisors reverse zoning decision
By SUE WATSON
Businessman Young Don Shin will be allowed to build a strip mall and include a service station on four acres he owns on Highway 72 in the Slayden area.
The Marshall County Board of Supervisors decided to reverse a decision by the zoning board and allow Shin to rezone four of his 32 acres from agricultural-residential to commercial -1 to pursue his business interests.
Shin is considered a successful businessman and already operates a number of businesses in the Byhalia area and in Warsaw, according to Eddie Dixon, the supervisor in District 2 where Shin asked to start up a business.
Shin had appealed a zoning board decision to deny his request to build a strip mall at Clear Creek Road and Highway 72. Dixon had asked to table the appeal while he investigated the nature of Shin’s existing enterprises to see that they were being operated without problems.
“When you brought it to us, we are your last chance,” Dixon said. “I checked in the community and the ones for it were more than those against it.”
Shin operates a business in Byhalia that serves teachers at the Byhalia school campus. And Dixon checked Shin’s business on Highway 309 and at the Byhalia Food Mart.
“Everyone I talked to spoke favorably. And I spoke to Joe Hurdle and he said he didn’t oppose it but was concerned about the possibility of people hanging out. That kind of sold me you have a clean business,” Dixon said.
Shin will not be allowed to operate a truck stop.
With discussion ended, the board of supervisors voted unanimously to overturn the zoning board’s decision to deny Shin a permit.
In other zoning matters, supervisor Keith Taylor reported there is a problem on Wingo Road in the area of the Chickasaw Trail Industrial Park where young people are congregating for parties. He asked zoning director Ken Jones what he knows about the activity.
Jones said the music fest or jazz fest is not a part of the industrial park. He said the event comes off without a permit because the organizers do not charge an entry fee, but rather suggest a donation. They do not charge for food, but suggest a donation.
Taylor said the activities are taking place in residential estates zoning. He said there are big trucks coming along Wingo Road which endanger the participants coming and going, and that the event goes into the 2 a.m.-3 a.m. hours all weekend.
“They are drinking and it is in an industrial area,” Taylor said.
Supervisor Ronnie Joe Bennett said the organizers are circumventing zoning by taking donations.
Taylor said he is most concerned with safety because big trucks are coming in and out all the time. The sheriff would have to keep a deputy up there all the time to control traffic, he said. Most of the participants are from Tennessee, Taylor said. He said Tennessee will not put up with it so the youth are crossing the line to drink and play in Marshall County.
“Then why are we allowing it over here, when it is not allowed in Tennessee?” Bennett asked.
Supervisor George Zinn III asked if the county would have to take all these cases to court to be resolved.
Board attorney Kent Smith said the ordinance would have to be narrowly drafted and that he does not know how Tennessee prohibits it.
“It’s all over the county,” Jones said. “We’ve got one that calls their event a family reunion, but we know what goes on.”
Taylor asked how many events could be looked at to determine if someone is having too many events disguised as “family reunions.”
“You have horse racing, four-wheeler rides…” said Taylor. “It’s a broken system because the taxpayers are having to pay to police people who do not live here.”
Smith said something can be done if there are illegal activities such as gambling taking place.
He said if the county is going to do a certain type of checkpoint or roadblock, adequate notice has to be given.
Drunk driving is probable cause, said supervisor Charles Terry.
Deputy David Cook said the law requires that law enforcement has to delegate what checkpoints are for.
Smith said the county’s enforcement issue is public safety.
“You are trying to stop the conduct, not to make money on tickets (citations),” Smith said.
He said if the checkpoints are not properly delegated, that the judge may dismiss the ticket. He said the county cannot legally set up roadblocks to check for drinking and driving on state highways.
“You can’t, you can’t,” he said.
Bennett said listing the proposed roads that will have checkpoints in the paper “is a shoo-off.”
He said the sheriff department is already short-handed.
“If they don’t have money for deputies, we won’t get it done, and we are short of deputies as it is,” Bennett said.
Jones said night clubs can be handled using the zoning ordinances.
“Pasture parties are hard to handle,” said chancery clerk Chuck Thomas.
Jones said pasture parties are one-time events and they are gone – beer bashes.
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