The Mount Airy Planning and Zoning Commission voted unanimously last night to reverse its earlier decision ordering Accubid Excavation Inc. to move its building because it didn't conform to the original site plan.
The building, which is under construction on Deer Hollow Drive, is 40 feet closer to the road than the original site plan indicated. However, it still falls within the town's setback limits.
Although the building met the setback requirements, the Planning and Zoning Commission ordered three weeks ago that the building be moved to comply with the original site plan.
"The law does not allow this commission to arbitrarily establish new setback lines," Bob Dalrymple, Accubid's attorney, said at last night's special commission meeting.
Accubid's owner, Tom Pank, said he could not move the building because of the expense.
The building will be used to store heavy excavating equipment.
Last night, the commission voted to approve an amended site plan that shows the building 40 feet closer to the road.
A surveying error caused the original discrepancy, town officials said.
The commission also voted last night to require Mr. Pank to increase the landscaping around the site to alleviate the impact of the building on the adjacent Twin Ridge residential development.
Also, Mr. Pank must comply with time limits that will be set to complete the landscaping.
Last night's meeting drew emotional comments from commissioners and Twin Ridge residents who are worried that Accubid's presence will reduce property values and endanger children at Twin Ridge Elementary School.
"I put my life savings in that house and sold my house in Hyattsville to move up here," said one Twin Ridge resident.
"Nobody's going to buy a house 300 feet from that mess," the man said, referring to the Accubid building.