Not In My Backyard say residents at zoning appeal

Two appeals of rezoning were brought before the Marshall County Board of Supervisors as residents say Not In My Backyard to commercial businesses.

At the Nov. 4 board of supervisors meeting, Jane Spencer appealed the rezoning request at a pubic hearing on a developer who wanted to rezone about 11.4 acres from Agricultural Residential to Commercial-1.

Zoning director David Johnson provided background to the planning commission issue.

Sergio and Bella Perez appeared before the zoning board Oct. 10 with plans to put a small commercial development on Highway 178 near Victoria.

Spencer has neighboring property on Old Highway 78 opposite Griffin Inc., a armored vehicle manufacturing facility originally owned by her parents.

Spencer inherited and moved into her parents home, set back on the south side of the highway.

Perez is requesting to put a landscape material company next door to her property. Thirty-one letters were sent out to adjacent landowners andfive objections were returned and zero approvals.

Johnson said the Perez family came to a zoning meeting in March and there were two objections.

“Any restrictions?” asked District 4 supervisor George Zinn III.

“Not as long as they abide by the zoning rules,” Johnson said.

Zinn said Spencer called him and he couldn’t go look at it, but his representative, a Mr. Reynolds, looked at it and explained there is a long buffer behind where Spencer lives.

“It’s a ditch,” Spencer said. “If you have heavy equipment, you know it is going to be loud.” She said landscaping materials would be put on the lot which backs up her property.

“How long will it last?” asked District 2 supervisor Johnny Walker.

“All the time,” Spencer said.

“Similar to the nursery across the street,” said Zinn.

“No, she just sells plants. He wants to sell stone,” Spencer said.

She said two businesses were grandfathered, and a church, eight houses, woods and pasture land, are affected.

Board attorney Amanda Whaley Smith said only one business was grandfathered in. The greenhouse is a permitted use.

“Old Griffin Company is Zoned C-2,” Johnson said.

Spencer said the business was built in 1969. Her property is across the street from Angel Wings Nursery.

“To me, it’s a very nice community and I would hate to see that change,” Spencer said. “All our property values would go down. People would come in and try to buy it. If that happens, nobody wants to move in where there’s a commercial property.”

Spencer said the community has natural wildlife and she and her husband enjoy the wildlife since she inherited the property.

“If that kind of business goes in, that will go away. My property value will go down. I’m all for progress, but there has to be a balance between agricultural and commercial,” she said.

“Aside from that business (Griffin Inc.), everything around there is agricultural residential since 1969,” Smith said.

“It is really close to you?” asked District 1 supervisor Charles Terry.

“My residence is off the road. Where he will have his stones and stuff will be by my house,” Spencer said.

Terry asked if Perez is required to plant trees as a buffer.

“We’ve got trees already,” Spencer said. “There is not enough room to put all he wants there without coming right up to my land.”

Zinn asked about setbacks.

Johnson said the setback starts at the center line of the road and maximum is 50 feet.

Spencer said a person has to go look at it to understand it.

“The only thing acceptable is to be a residential right now,” Zinn said.

The Perez couple showed photos of how they want to use the property.

“To rezone to C-1, they could have to acquire a business license,” Smith said.

“How wide is that?” Zinn asked.

“336.2 feet,” Johnson said.

He said it can be put in the minutes that the set back is 50 feet and no structure can be placed any closer to Spencer’s line than 50 feet.

“If we could get a little more setback,” Zinn said.

Perez said the business will not be next to Spencer’s house, but closer to the other neighbors.

Walker recommended tabling the matter until the board can look at it.

“We need to put our eyes on this,” he said.

The board then passed a motion to close the public hearing and to table the discussion until the Nov. 18 meeting.

Brothers Pro Salvage Auto Parts owners were back in the boardroom Nov. 4 with their counsel Lauren Ward.

Rami Kousa and his brother Nour Kousa own the property once owned by Foster’s Auto Body & Glass in Red Banks.

The properties abut to a residential neighborhood who have complained to the zoning commission that the business is noisy at all hours and disruptive to the peace of the neighbors.

The property was grandfathered in by the Fosters and the grandfather clause is a special exception that is lost when the type of business changes or the property is sold after being closed for a certain duration.

The planning commission allowed the Fosters to grandfather the property in as commercial and is surrounded by Residential Estates zoning.

Ward said the Fosters appeared before the planning commission Jan. 11, 2007, and was approved to operate the auto repair business. Steven Scott Foster left the business but his wife continued to operate it until it closed down after 25 years of operation. The property was sold in January 2023 to the present owners and operates as an auto salvage parts business.

District 1 supervisor Charles Terry opposed the new business, saying “It is nothing similar to a body shop. It’s a junk yard.”

The business gets high-end dollar wrecked vehicles usually 2020 models and up and uses the parts on another vehicle that needs parts, said the Kouras.

“You take another car in, deem it unfit, purchase another vehicle and put in repairs,” Terry said. `You are running a salvage yard in their community. How long since it was a body shop.

The board attorney said it has probably not operated as an auto body repair shop for a decade.

“I can’t see it going in that direction,” Terry said. “Neighbors do not want a salvage yard in that community.”

Addressing Ward, district 5 supervisor Ronnie O’Neil Bennett asked, “Lauren, do you have a junk yard in your side yard? Would you like a junk yard in your side yard?”

The Kouras were advised they must go before a Chancery Court Judge and seek a judgement in the matter.

In other matters the board of supervisors:

• heard two cleanup matters, both located in Crenshaw Trailer Park in Byhalia. The board ordered cleanups of both properties, one with travel trailers and debris and a car and the other with multiple campers powered by multiple extension chords.

• approved Leland Reed to serve as Emergency Management Performance Grant agent authorized by the county as agent to sign the signature page for the electronic application for the grant.

• discussed plans for warming centers. Zinn asked if generators have been applied for. District 2 supervisor Johnny Walker said buildings have not been identified as places for warming centers.

Reed said generators would be easily installed, but making buildings ready for use would cost more. And the county would have to supply staffing when in use, Reed said. A homeland security grant would be applied for.

“Would we have to have all this in place to apply for generators?” Zinn asked.

“We have to own the property,” Reed said.

He said community centers could possibly be used.

Terry said community centers would not be large enough to house people in the community.

He said there is a difference in a warming center and a homeless station.

“I can get what I had back to you in time for grants,” Reed said.

• discussed getting the furnace, which is out of order, ready at the old Medicaid Building on JM Ash Drive.

• opened quotes for a concrete slab pour at Medic Station #1. Todd Construction bid $68,601. C&W Concrete bid $55,000. Thomas Concrete bid $48,750.

Stroupe said the county will stub in the plumbing first before the slab is poured.

Terry asked what type of history Thomas has with concrete.

Stroupe said he called five or six companies and three local companies put in bids.

Terry said the numbers were “scary.”

“Yeah, it’s scary,” said Bennett. “Get references.”

Zinn made a motion to go with Thomas and Walker seconded.

Walker said he thinks since the bid is $20,000 lower than the highest bid, he thinks supervisors need to check on competency of the contractors.

Terry said he wants to make sure everything is in place before concrete is poured and he wants to see the purchase order.

Bennett said he wants both zoning and Stroupe to oversee the pour.

At the Nov. 17 meeting, supervisors learned a general contractor must be found for the job.

• opened bids for framing of Medic Station #1. Union Lumber Company bid $23,116. Teddy’s bid $15,807 to supply No. 2 grade lumber.

The board approved a motion to purchase lumber from Teddy’s.

• discussed putting a metal roof on the community center at Laws Hill, because the building has lost some shingles during storms. Stroupe said the county crews can put on metal roofing for $3,000 to $4,000.

• discussed maintenance of the site of a pavilion built in District 3. Road manager Mario Jeffries was tasked with installing culverts to assure water does not stand on the lot.

• heard tax assessor Barbara Belfoure request a salary adjustment.

• heard a brief report from Melody Madaris, director of Communicare.