- 31 - Petitioner further argues in favor of the conclusions by Hearn and Tidwell that a commercial rezoning was unlikely by pointing to a zoning dispute involving a nearby church. The dispute arose when officials from the church proposed to construct a church in an area with an existing residential zoning classification. The county zoning commission denied the requested change, citing an unacceptable increase in traffic within the residential area surrounding the proposed location as the basis for its denial. The church officials ultimately prevailed, however, when a State court reversed the zoning commission and ordered a rezoning. Petitioner argues that this dispute clearly indicated that the zoning commission was generally inclined to deny rezoning requests involving land in the vicinity of parcel A. Accordingly, petitioner contends, Hearn and Tidwell were both justified in reaching their conclusions with regard to the zoning of parcel A. Petitioner further argues in support of the conclusions advanced by Hearn and Tidwell by pointing to what it refers to as a 200-foot buffer zone extending the length of parcel A along Cahaba River Road, which was created when the city of Birmingham partially annexed parcel A in 1985. Petitioner contends that the existence of this buffer zone, which remained under the control of the county zoning commission, in effect, served to make any likely commercial rezoning of the portion of parcel A within the corporate limits of the city of Birmingham irrelevant because thePage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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