Several factors hinder resolution of zoning matter

Published 7:33 pm Thursday, February 25, 2016

The city’s issuance of a building permit for improvements to a house being converted into 11 apartments is being challenged by Donald Stroud Jr., who lives next door to the house.

During its meeting Tuesday night, the Board of Adjustment decided to hear Stroud’s request March 31. Specifically, Stroud wants the board to overrule the issuance of the building permit, direct the city to deny the permit and direct the city, if he is successful with his petition, to issue a stop-work order. Work on the house continues, according to city officials.

If Stroud or the city is unhappy with the board’s decision, either may appeal to Beaufort County Superior Court, according to City Attorney Franz Holscher. The city hired an attorney to work with the board on the matter because Holscher represents the city.

The challenge comes after the council, during an October meeting, chose not to impose a moratorium on converting single-family dwellings in the B1H district into multifamily dwellings. About eight people in the audience supported Stroud, who contends the city’s existing zoning ordinances prohibit such conversions in that district. The council sent the matter to the Planning Board for review and a recommendation.

The house in question is at 121 E. Second St. It was sold to California-based McLean Investment Co. LLC on Aug. 28 for $171,000, according to Beaufort County deed records and other real-estate transaction records.

The city’s zoning regulations note that the B1H district is “primarily designed to provide convenient shopping and service facilities by promoting compact development of commercial, office, and service uses while preserving the historic character of the district.”

Stroud’s appeal, filed Oct. 22, 2015, and amended Feb. 8, would be heard by the city’s Board of Adjustment. The board has yet to hear the appeal because it has not had a quorum at some of its scheduled meetings and because Stroud, an attorney, has been out of the country at times in recent months when the board did meet. Further complicating the matter is that one of the owner’s, Calvin McLean, moved sometime during the past several months. As an owner of the property in question, McLean would be notified of Stroud’s petition. McLean, though not a party in the matter, has the right to attend the board’s March 31 meeting, Holscher said.

“We later learned that the property owner had moved and did not receive those notices,” Holscher told the council Monday.

Holscher said it is his opinion the sole issue of the amended petition is whether the zoning-administration officials’ decision to allow use of the property as a multi-family dwelling is appropriate.

A settlement offer and counter-offer regarding the matter have been tendered, Holscher said, adding he does not believe either side would accept them.

 

 

 

 

About Mike Voss

Mike Voss is the contributing editor at the Washington Daily News. He has a daughter and four grandchildren. Except for nearly six years he worked at the Free Lance-Star in Fredericksburg, Va., in the early to mid-1990s, he has been at the Daily News since April 1986.
Journalism awards:
• Pulitzer Prize for Meritorious Public Service, 1990.
• Society of Professional Journalists: Sigma Delta Chi Award, Bronze Medallion.
• Associated Press Managing Editors’ Public Service Award.
• Investigative Reporters & Editors’ Award.
• North Carolina Press Association, First Place, Public Service Award, 1989.
• North Carolina Press Association, Second Place, Investigative Reporting, 1990.
All those were for the articles he and Betty Gray wrote about the city’s contaminated water system in 1989-1990.
• North Carolina Press Association, First Place, Investigative Reporting, 1991.
• North Carolina Press Association, Third Place, General News Reporting, 2005.
• North Carolina Press Association, Second Place, Lighter Columns, 2006.
Recently learned he will receive another award.
• North Carolina Press Association, First Place, Lighter Columns, 2010.
4. Lectured at or served on seminar panels at journalism schools at UNC-Chapel Hill, University of Maryland, Columbia University, Mary Washington University and Francis Marion University.

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