Commissioners approve request for rezone despite recommendation
Cathy May - Contributing Writer

The Ripley County Commissioners approved the request of Ed Fraley at their October 7, meeting for a rezone for property he owns in Elrod, despite the Ripley County Area Planning Commissions unfavorable recommendation to them.

At the October 4, Ripley County Area Planning Commission meeting, Fraley applied for a rezone from the Agriculture-2 and Residential-2 zones to the Roadside Business District for nearly 17 acres fronting U.S. 50 in Elrod next to his present business.

Some planning commission members were vocally against his rezone. Covell Mills stated Fraley was not living up to this part of the ordinance. He should have already had his current property blacktopped. Mills stated the weather conditions have been favorable for blacktopping since Fraley received his Certificate of Occupancy on June 2, 2005, and would not get better. Planning Commission President Sam Row stated, "I'm just wondering what you've got in the back of your mind." Dave Osborne said, "I want to see you finish the first project before you start another."

Fraley countered by saying he has a year from June 2, 2005, in which to blacktop. He would like to take as much time as possible within that year because the cost to blacktop it is $70,000. "I have brought business into Elrod," said Fraley. "I sold 300 ATV's and 60 tractors. No neighbors are opposed to the rezone." Commission member James Negangard said he thought any improvement to Elrod would be positive.

Fraley also stated that he counted many businesses on U.S. 50 who do not have their business blacktopped. Although Fraley agreed to blacktop his business, he did comment, "I think it is unfair to make me spend $70,000 blacktopping my business when other's arent' made to. I have no violations. I want my business to grow."

After nearly an hour of discussion, the planning commission first voted the rezone request be sent to the Ripley County Commissioners with No Recommendation. The vote was five for the recommendation and six against. So it was defeated. Then the motion was made to send the rezone request with a Favorable Recommendation. The vote was six for the recommendation and five against. This was not a majority so it failed. Finally, they voted to send the rezone request with an Unfavorable Recommendation. The vote was seven for and four against the recommendation. The rezone request was sent to the Ripley County Commissioners with an Unfavorable Recommendation.

But when it came before the Ripley County Commissioners, they looked at the matter differently. When Fraley appeared before the Ripley County Commissioners he told them, "I have done everything asked of me. I don't think the vote by the Planning Commission has anything to do with my business - I think it's personal." The vote to permit Fraley's rezone request was unanimous.

Ripley County Commissioners Lawrence Nickell and Chuck Folz were both in attendance when Fraley first presented his rezone request to the planning commission. Folz stated at the Ripley County Commissioner's meeting, "I was very unhappy about how Ed Fraley was treated at the Planning Commission meting and you can quote me on that."

CATHY MAY PHOTO

Ed Fraley, right, presents his request to the Ripley County Commissioners at their October 7 meeting. Seated are Chuck Folz, Robert Reiners, and not pictured in far right corner is Lawrence Nickell. The commissioners gave a favorable recommendation to Fraley's rezone request for property he owns in Elrod.