Albany County denies zoning change for North Fork property; enforcement process to follow

Albany County commissioners on Thursday denied a request by Keith and Renee Morris to change the zoning of 100 North Fork Road from Ranchette to Small Lot Residential, a decision that leaves a second dwelling on the parcel out of compliance with the county's density rules and triggers a county enforcement process.

The denial follows public comment from multiple neighbors who said the property has been noncompliant for years and continues to be rented. Residents urged the county to reject the zoning change and to enforce existing rules; the property owner said the request seeks to "bring ourselves into compliance." The planning department and the planning and zoning commission provided competing recommendations to the board before the vote.

County planning staff presented the zoning district amendment application and reported the parcel was currently zoned Ranchette. Planning staff noted the property had an open enforcement case for two dwellings on a 4.08-acre parcel and said the department's materials support the zoning amendment as compatible with the comprehensive plan. By contrast, the planning and zoning commission recommended denial, citing the county's zoning resolution and density standards.

During public comment, Michelle Tilly of North Fork said the request would "change the tenor of our neighborhood" and called it spot zoning that would set a precedent. Brad Wilson, president of the Norfolk Owners Association, said covenants and the subdivision's character call for single-family dwellings and urged commissioners to deny the application and to consider enforcement steps if they did. Jan Albani and Theresa Hackett said renters were occupying the structure this summer despite prior notices of noncompliance.

Property owner Renee Morris told the board she and her husband had applied because "the structure is already there" and described the filing as a paper-based attempt to return the property to compliance. "We would just appreciate your approval of this application just to bring ourselves into compliance," she said.

After discussion the board voted to deny the Morris zoning district amendment (ZDA-06-25). Following the vote, county staff explained the typical enforcement sequence: issue a notice of violation outlining the violation and options for remedy (including seeking a zoning amendment or applying for required permits), then move to a demand for remediation if the issue is not resolved. Staff told the audience that enforcement actions, including seeking civil penalties, would proceed through the court system and that process is not immediate.

County staff told residents that a notice of violation can include an explicit prohibition on use of the disputed structure as a dwelling. Staff also clarified the county does not regulate short-term rental companies such as VRBO; instead, the county can restrict the property's use as a dwelling if it is nonconforming with zoning. Residents were advised they could pursue private enforcement of subdivision covenants through civil action; the county does not enforce private covenants.

Commissioners did not adopt compensatory conditions or a timeline for the enforcement actions at the meeting; staff said they would file the necessary complaint documents with planning and legal to initiate remediation proceedings.

The denial leaves the property zoned Ranchette and not conforming with the Ranchette density rules. Neighbors said the property has been out of compliance for about nine years and that county assessor records show the accessory structure is recorded as 1,600 square feet. Planning staff noted the applicant had provided a complete application packet; the record contains prior notices to the property owner dating to 2016 and 2019, according to public commenters.

The board's action ends the zoning amendment process for this application. Any further remedy will follow the county's land-use enforcement path and, if contested, could involve civil litigation.

(Reporting note: All direct quotes and attributions come from the meeting transcript.)