THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, December 6, 1994 TAG: 9412060328
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 91 lines
Chairman Robert V. ``Bobby'' Owens Jr. cast the deciding vote Monday when the Dare County Commission voted 4-3 to approve a controversial zoning amendment that may clear the way for a 46-acre campground on Roanoke Island.
The issue pitted longtime friends against each other, and the island's most widely known homeowner, actor Andy Griffith, came out against it.
Owens said it was ``the toughest decision I've made in 20 years.''
The vote created a new conditional use zoning ordinance in Dare County, known as Conservation Public Recreation.
Owens and Commissioners Shirley Hassell, Joseph ``Mac'' Midgett and Sammy Smith voted for the change. Commissioners Geneva Perry, Clarence Skinner and Doug Langford voted against it.
Residents opposed to the amendment say they are considering legal action to block the proposal. And the commission must still vote specifically on a request to build the campground on the northern end of the island.
Owens said he cast the deciding vote because he wants to see the courts decide what constitutes spot zoning. Opponents of the ordinance claim the amendment is spot zoning.
``I think this is much bigger than I am,'' said Owens. ``It's much larger and much more in-depth. It's not a clear-cut yes and no. The only way to find out what's right and wrong is to send it to court. The court should decide if it's right or wrong.''
After the meeting, Owens said a ``no'' vote would have left the issue unfinished.
``I felt that if I voted against it, then it was a dead issue,'' Owens said. ``I hope now it will go to court, and they'll clear it up.''
Owens called untrue rumors that he had sent a copy of a secret letter to members of the commission to sway their vote.
``The chairman has been accused of trying to sway the board,'' he said. ``But this is one decision each member of the board will have to make individually before it can make it collectively.''
Owens said he forwarded a letter from former Manteo Mayor John Wilson IV to commission members which outlined concerns about the amendment process. Wilson's letter did not advocate a position on the change.
Owens said the conflict and the rumors bothered him.
``I'm a little appalled at the spectacle that's gone on,'' Owens said. ``I've never seen a spectacle like this in 20 years on the board. The Planning Department and the Planning Board put up a lot of land mines in front of this board.''
Later, Owens said, ``It seemed like it was rubber-stamped (by the planning board). It seems like it was passed on without any thoroughness. I'm not mad; I'm just appalled at how fast it got to us.''
Hassell said she felt the zoning amendment was in keeping with the county's Land Use Plan.
``I gave it a lot of thought,'' she said. ``The planning board ruled that this was neither contract zoning nor spot zoning, and they approved the change. If we're not going to pay attention to the planning board's recommendation, what's the use of having it?''
Midgett said most people who contacted him supported the change.
``I'm not for either side in this thing,'' he said. ``But I believe I should vote for it because the majority of the people who have contacted me say they are for it.''
Smith said his reasoning centered on private property rights: ``I believe that anyone who owns property should be able to do what he wants to do with it.''
Langford explained his negative vote: ``I've wrestled with this for the last two weeks. I think this is inconsistent with the Land Use Plan. The intent of the community residential designation is not consistent with it.''
In voicing her opposition, Perry warned that approval would make it difficult for the commission to reject future zoning amendment requests.
``If we change the ordinance for this one project, we're going to see repercussions,'' she said. ``I cannot vote for changing a zoning amendment. I also have concerns about the procedure that has been followed.''
Skinner said he was ``absolutely opposed'' to any zoning change that affected the north end of Roanoke Island.
``I could be convinced if it affected a larger area and had wider support,'' he said.
The commission will not vote on approval of the campground until the proposed destination-style facility that Wallace Harvey and his family want to build on the tract goes through the Planning Department.
However, the final battle may come in the courts.
``It looks like were going that way,'' said Sybil Ross, executive director of the Friends of Roanoke Island.
Ross said Owens was right in saying the courts should settle the dispute, but she was not pleased with his vote.
``His action has put the burden of proof, and the financial burden, on the people who live on Roanoke Island.'' by CNB