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Shelly back at Tyrone PlanningFri, 03/28/2008 - 3:19pm
By: Ben Nelms
Property owner Dick Shelley took his request to have 14 previously deleted permitted uses in the C-2 (Commercial) zoning district in 2004 reinstated in the table of uses. After a March 27 public hearing, Tyrone Planning Commission voted to recommend denial of the request to make a text amendment to the ordinance that would include the former uses. Shelley maintains that excluding those uses had damaged his ability to lease his business rental property located at 117-119 Tyrone Road. “One of the things I’m concerned about is getting fair hearing,” Shelley said at the beginning of the public hearing, subsequently asking that Commissioner Mary Sturm withdraw from considering his request. Shelley cited a recent blog on The Citizen website in which he said Sturm made comments pertaining to his text amendment request referencing him has having “blinders on.” Sturm apologized for the remark and, after affirming with Town Attorney Dennis Davenport that she could render an impartial decision on the matter, decided to hear Shelley’s request. Though Shelley later told commissioners he had not been given adequate time to address the issues, he outlined his request that the 14 uses under the C-2 zoning district previously deleted from the ordinance be added so that he could make use of the buildings constructed in the 1980s. The ability to lease the spaces is impeded under the current table of uses for the current structuring of C-2 that was accomplished under Ordinance 454, he said. Shelley said he is down to three uses under the current list of permitted uses. Most on the commission said they believed the town could work with Shelley to reach some form of compromise for some of the uses contained in the 14 he is requesting in the text amendment. Shelley agreed that such a compromise might be possible, adding that, in his opinion, the proper discretion had not be utilized in the past by the zoning administrator. Commenting on the matter, Davenport said he could not account for past actions. Adding to the discussion, Town Manager Chris Venice said some of the uses Shelley was requesting are allowed in the C-3 zoning district but not in C-2, as Sturm had suggested minutes earlier. During the discussion, Commissioner David Nebergall also believed some form of compromise could be worked out, adding that he would be concerned about changing the permitted uses in C-2 to include all 14 items in Shelley’s request. Chairman Gordon Shenkle also weighed in, saying he did not believe that all 14 uses could be added in C-2. A subsequent motion was made to deny adding the 14 permitted uses to the C-2 zoning district. The vote passed unanimously. Shelley filed suit against the town in July 2007, seeking $2.3 million in damages over loss of business and claiming abuse of discretion by the town and unreasonable government interference. The suit maintained that the 2004 council zoning decision to remove the permitted uses in C-2 is unlawful as was a subsequent refusal to re-issue a business license to a 18-year tenant on Shelley’s property. login to post comments
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