The Planning Board for the Town of Duck convened at the Duck Municipal Offices at 2:00 p.m. on Friday, July 11, 2003.

Present were Ron Forlano, Chair, Linda Nave, Vice Chair, John Jenkins, Marilyn March and Jon Britt. Also present were Suzanne Cotellessa, Planning Director/Zoning Administrator, Chris Layton, Town Manager.

Neil Morrison, Duck Town Council, joined the meeting after it had commenced.

Mr. Forlano called the meeting to order at 2:00 p.m.

PUBLIC COMMENTS

Ron Forlano opened the meeting for public comments.

There being no one wishing to speak, Mr. Forlano closed the time for public comments.

OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS

Ron Forlano asked for old business items. Planning Director Sue Cotellessa stated there were no items for old business.

NEW BUSINESS

CONDITIONAL USE PERMIT 03-001 FOR HOME OCCUPATION, BUILDER/REALTOR, FOR OLIN AND GEORGIA FINCH AT 116 SANDY RIDGE ROAD

Ron Forlano opened the discussion.

Planning Director Cotellessa was recognized to speak. She gave a brief background on Application 03-001 to the Board. She stated that the Finch’s have owned their property since it was built in 1987 and have conducted both a builder/contractor and real estate business from their home. A few years later they built a second home in the Tuckahoe subdivision and split their time between the two homes. Planning Director Cotellessa stated the Finch’s are looking to continue their home occupation business at Sandy Ridge Road with the granting of a conditional use permit. She pointed out that staff put in the addendum to the original report to the Planning Board a series of recommended conditions that, if the Board recommends approval and the Council approves, would be ways to ensure the home occupation be mitigated and ensure consistency with the residential character of the neighborhood. Most of the conditions would be in effect for most home occupations. With home occupations where people often come to and from a home, conditions would be added that would limit the time and number of people that would be allowed to come to the home and that there should be no visible evidence of a home occupation from the outside of the home. Planning Director Cotellessa stated that staff visited the property on a number of occasions and did not see anything that looked any different from other properties with the exception of seeing more cars at other properties due to the summer season.

Linda Nave was recognized to speak. Ms. Nave stated she needed to recuse herself from the vote for the permit on the basis that Georgia and Olin Finch are her closest friends. She has owned her home on Sandy Ridge Road for as long as the Finch’s, but has lived there full time for the past seven years. She stated she voted at the Homeowner’s Association meeting on a resolution supporting their home occupation. For these reasons, she felt it would not be proper for her to vote on the permit.

Ron Forlano stated that it would be noted that Linda Nave recused herself. He then stated that in a town of 350 people, most people know each other as either friends or enemies. Ms. Nave stated the Finch’s are more than just friends and she felt that because she lives on their street it would create the appearance of a biased decision.

John Jenkins was recognized to speak. Mr. Jenkins stated he never saw anything out of the ordinary at the Finch’s home and hopes it stays that way. He stated that there is a structure on Olde Duck Beach Road that looks like a home, but no one lives in it. Telephone equipment is housed at this particular home. He felt that monitoring the use of a home is a burdensome task.

Olin Finch was recognized to speak. Mr. Finch stated the home on Sandy Ridge Road is definitely their home and they do not have any intention of selling it. He stated they spend a great deal of time in the home and not just during business hours. He stated he is asking for the conditional use permit to settle things and satisfy their neighbor who had complained about them. He stated he knows of other people that have businesses out of their homes that do not have conditional use permits from Dare County that he is aware of. Mr. Finch stated he had no problem asking the Town of Duck for a conditional use permit.

Ron Forlano asked Mr. Finch about the problem with the neighbor. Mr. Finch stated he has never been told that he had done something to bother his neighbor. He stated he was caught off guard by the complaint and just wants to make things right.

Georgia Finch was recognized to speak. Ms. Finch stated she has only had her real estate license in her home for the past five years and before that had worked out of an office. She stated her real estate business is not advertised and she only deals with one or two old clients. Ms. Finch stated that she had sold her neighbor his home and when he has a problem, he never uses the avenues available to him. She stated he has never approached anyone to say there was a problem.

Town Manager Chris Layton was recognized to speak. Town Manager Layton wanted to clarify that the home occupation came to the Town’s attention via a complaint and that no one in the Town is out doing surveys of people who have businesses in their homes. Since the Town of Duck took over the permitting process, it is being done the way it needs to be done. The Finch’s were called to the meeting due to a complaint and the Town had to respond to it. No one was singled out.

Jeff Shields was recognized to speak. Mr. Shields stated the Homeowners Association addressed the home occupation in April 2003 and that the Finch’s are a deterrent against any type of wrongful activity that goes on in the neighborhood. He stated he hoped the Board would vote favorably for Georgia and Olin Finch.

Ron Forlano asked Jeff Shields how long he has been a property manager at the subdivision. Mr. Shields stated he has been a property manager for two years. Mr. Forlano asked Mr. Shields if during the last two years he’s had any complaints. Mr. Shields stated there were no complaints and that the Association is glad the Finch’s are in the neighborhood. He stated there have been no problems in their home and that they have been an aid to the Association in maintaining continuity in the neighborhood.

Ron Forlano asked Mr. Shields how many full time resident homes are in the neighborhood. Mr. Shields stated there were three out of twenty-four lots. Ms. Nave corrected him and stated there are four out of twenty-four.

Marilyn March asked Mr. Shields if he took a vote at the Association. Mr. Shields stated he had. Ms. March asked if the home occupation had passed unanimously or did the complainant not want it to pass. Mr. Shields stated that the complainant was not at the meeting and had only sent a letter. Ms. March asked if the complainant had come to the meeting. Mr. Shields stated the complainant did not attend the meeting, and the vote was unanimous.

Jon Britt was recognized to speak. Mr. Britt stated that in the six years working on the Planning Board for Dare County, he had never received any complaints in regards to the Finch’s. Mr. Britt suggested a cleaner conditional use permit by making it apply only to the business and not tell people how to live in their homes. He stated he did not like some of the wording in the permit. He asked that the personal condition be taken out of the permit.

Marilyn March agreed with Mr. Britt. She stated that if one person was opposed, he should have either attended the meeting or sent a proxy to state he did not want the occupation in the home.

Ron Forlano asked if anyone had any comments in regards to the conditions of the permit if the actual permit is granted. Jon Britt stated he would like to strike the language in regard to how a person is allowed to live. He asked for Sue Cotellessa’s guidance on how to accomplish that change. Planning Director Cotellessa stated that residency is a requirement for a home occupation. She suggested that he could move to strike the last sentence in Condition #1; “To that end, during traditional non-business hours, they must actually partially reside at the property as evidenced by having regular meals there, conducting housekeeping activities, and spending occasional evenings and overnights at the property” – be stricken from the permit, leaving Condition #1 as; “The conditional use permit is granted as a home occupation, which requires residency of the business owner. To that end, the property may not be leased or rented in whole or in part as either a home or an office use while the conditional user permit is in effect. Olin and Georgia Finch must continue to maintain partial residency on the subject property.” She stated that the other conditions are used for the business use of the property. Planning Director Cotellessa stated that Condition #7 was put in to assess and enforce whether or not there is an impact in the neighborhood from the business. She stated all other conditions are standard for any home occupancy.

Ron Forlano asked for a motion. Marilyn March moved to grant the Conditional Use Permit 03-001 for Olin and Georgia Finch. Planning Director Cotellessa clarified that the motion is being made to recommend the Town Council grant the Conditional Use Permit. Ms. March also noted the last sentence in Condition #1 would be stricken from the permit.

Motion carried 4-0. Linda Nave recused herself from the voting.

CONDITIONAL USE PERMIT 03-002 FOR HOME OCCUPATION, WEDDING PLANNER, FOR AVERY HARRISON AT 128 W. SEA HAWK DRIVE

Ron Forlano opened the discussion.

Planning Director Cotellessa gave a brief background on Application 03-002 to the Board. She stated that Avery Harrison has a wedding planning business entitled Avery Little Detail, which she originally had in the Town of Nags Head. She now resides in the Town of Duck and is requesting a Conditional Use Permit to run her business from her home. She stated the business is very low impact; she meets clients at their home as opposed to having them come to hers. Also on the weekends, she is attending weddings. Planning Director Cotellessa stated that staff is recommending that the Planning Board recommend approval to the Town Council.

Avery Harrison was recognized to speak. Ms. Harrison stated that most of her clients live out of state and not in North Carolina. She stated she is primarily behind a computer and that most of her clients only come to the Outer Banks once or twice before their actual wedding day. She stated that no one comes to her home and that she meets them at caterers, reception sites or rental homes where the event is being held. Ms. Harrison stated she only works 20 hours a week due to the fact that she is also raising two small children.

Ron Forlano asked Ms. Harrison if her lot was sound front. She stated it was. Mr. Forlano asked if she would ever have a wedding reception on her lot. Ms. Harrison stated she would never have one on her lot. Marilyn March asked where people hold their weddings. Ms. Harrison stated they are held at Pine Island, Manteo and Nags Head Beach Club.

Ron Forlano asked Ms. Harrison if she is going to supply any equipment for a wedding reception. Ms. Harrison stated she would not, but does work with florists and caterers in helping set up for the receptions. She stated she does not store any equipment at her home other than normal office equipment.

Marilyn March asked if her home business was presented to the homeowner’s association. Ms. Harrison stated there are no restrictive covenants and has not presented anything to the association. Ms. March suggested to Ms. Harrison that she let her homeowner’s association know about her home business. Ms. Harrison agreed to do as such. Planning Director Cotellessa stated that in order to apply for a conditional use permit, the homeowner’s association was already notified with no written comments received from them. When it goes to Town Council, adjacent property owners will be notified as well as the homeowner’s association.

Councilor Neil Morrison was recognized to speak. Councilor Morrison asked if there was ever an instance where a bride from out of state would come to the Outer Banks to Ms. Harrison’s home for a meeting. Ms. Harrison stated it would not happen being that she has two small children in her home and it would not be a professional environment to conduct business. She stated she likes to keep things separate when meeting with clients.

Linda Nave was recognized to speak. Ms. Nave asked if Ms. Harrison usually meets her clients at restaurants. Ms. Harrison stated she does do that since it is more professional for her business.

Marilyn March asked Ms. Harrison how she handles her clients getting marriage licenses on the Outer Banks when they live out of state. Ms. Harrison stated the clients do not have to come to Dare County to get a marriage license because the license is good for the entire state. Ms. March asked if the client would have to make a trip to North Carolina or the Outer Banks to get a marriage license. Ms. Harrison stated that she was correct.

Ron Forlano asked for a motion. Jon Britt moved to approve the Conditional Use Permit 03-002 for Avery Harrison.

Motion carried 5-0.

DISCUSSION OF ZONING TEXT REGARDING NONCONFORMING PROPERTIES

Ron Forlano opened the discussion.

Planning Director Cotellessa was recognized to speak. She gave a brief background on the nonconforming property text amendment. She stated the issue of grandfathering of nonconforming structures was presented to the Board and went on to speak about nonconformities: