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Albany County Commissioners deny Morris zoning change after neighbors urge enforcement of long‑standing noncompliance

5786304 · September 5, 2025
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Summary

The Albany County Board of Commissioners voted to deny a zoning district amendment by Keith and Renee Morris (ZDA‑6‑25). Neighbors testified the property has been out of compliance for years; county staff said an enforcement process including a notice of violation and potential civil remedies will follow.

The Albany County Board of County Commissioners on Aug. 1 denied a request by Keith and Renee Morris to change a 4.08‑acre parcel from Ranch‑A zoning to Small Lot Residential (ZDA‑6‑25), after residents said the property has long housed two dwellings that do not meet the Ranch‑A density standard.

The vote follows nearly an hour of public comment from North Fork area residents who said the property has been out of compliance for nine years and remains rented. "It will change the character of our neighborhood," said Michelle Tilly, who gave the board a packet of documents and an executive summary. "This isn't about Airbnb — this is about our neighbors not caring about our neighborhood."

Why it matters: County staff and the planning and zoning record show an open enforcement case on the Morris property for two dwellings on a parcel that does not meet Ranch‑A density requirements. By denying the rezoning application the commissioners left enforcement as the next administrative step; staff said the planning office will issue a notice of violation, and the county may pursue remediation through civil processes if the violation is not corrected.

Commissioners heard several neighbors repeat similar concerns. Brad Wilson, president of the Norfolk Owners Association, said restrictive covenants for the subdivision state single‑family dwellings are intended. Jan Albani told commissioners the property remains listed and rented as a livable "barndominium." Theresa Hackett, a resident who spoke during public comment, said she had submitted a written letter opposing the zoning change.

Renee Morris, who identified herself as the property owner, told the board the owners are "asking for compliance" and requested approval to make the use conforming, describing the request as "a simple paper maneuver to bring ourselves into compliance." She said the family enforces rules for renters and uses cameras to monitor the property.

Staff context and enforcement options: County staff and the prosecutor's office explained the next step is administrative enforcement. Planning staff said no notice of violation has yet been issued; typically staff would issue a written notice outlining the violation and options to cure, including permits or remediation. If remedies are not completed, staff said the county can pursue civil remedies through the courts, a process officials described as potentially slow.

On short‑term rentals and covenants: County staff said Albany County does not regulate short‑term rental platforms; however, staff also said the county can direct that the structure not be used as a dwelling if it is nonconforming under county zoning. County staff clarified homeowners' covenants are private contractual matters enforceable by property owners, not by the county.

Vote and motion: A motion to deny the Morris zoning district amendment (ZDA‑6‑25) was offered by a commissioner citing the planning and zoning commission recommendation and staff findings; the motion carried unanimously. The staff report and findings of fact and conclusions of law were incorporated into the record.

What comes next: Planning staff said they will prepare enforcement documents and consult with the county prosecutor about the appropriate civil remedies. Residents who urged enforcement were told fines and enforcement actions proceed through the court system and may take months.

Residents asked whether stopping rental use could be enforced; staff said a notice of violation can explicitly state that use of the structure as a dwelling must cease until the zoning or permit issues are resolved.

Ending: Commissioners closed public comment on the item after the vote and directed staff to proceed with the enforcement process described in the staff report.