Judge denies drive-in plan for complex in Eldersburg

October 24, 2002|BY A SUN STAFF WRITER

A Carroll County judge ruled yesterday against a Sykesville man who had appealed a zoning board's denial of his plans for a state-of-the-art drive-in theater complex in Eldersburg.

Circuit Judge Luke K. Burns Jr. upheld the February decision by the county Board of Zoning Appeals in a 13-page opinion on the petition for review by Alan J. Ackerman.

Ackerman had asked the zoning board for a conditional use to build Bumper's Drive-In on part of 44 acres in the 600 block of Liberty Road, which is zoned for industrial use.

He had planned to build a large outdoor entertainment complex, including a theater with two screens and parking for 1,400 vehicles, with a games arcade, outdoor stage, concession stand and playground, to be open until about 1 a.m., the judge noted.

Ackerman could not be reached for comment.

The zoning board held three days of hearings before deciding the complex would have a negative effect on hundreds of neighboring homes from traffic, noise and light. The number of vehicles also would tax crowded Route 26, it said.

Burns determined that "the board's findings are all supported by substantial evidence."

The courts must defer to an administrative agency of government if the agency's decision is supported by facts and no legal error is found, the judge noted.

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