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Yadkin County approves contested rezoning for Collins parcel despite neighborhood covenants
Summary
The board voted 3-2 to rezone two Collins parcels from Restricted Residential to Rural Agricultural after a heated public hearing in which neighbors said recorded restrictive covenants prohibit manufactured homes; county staff noted zoning does not remove private covenants.
The Yadkin County Board of Commissioners narrowly approved a zoning map amendment on Feb. 16 that rezoned two parcels owned by the Collins family from Restricted Residential (RR) to Rural Agricultural (RA), despite neighborhood opposition that cited longstanding restrictive covenants.
"They are telling her that she cannot do anything to them," owner Edith Collins told the board, saying she pays taxes on both parcels and wants to resolve title and use questions. The Collins family said their earlier title search missed covenants and that the legal costs and delays have been burdensome.
Neighbors from the Dinkins Ridge Development said the parcels are part of a subdivision recorded in the 1980s and that the covenants—filed in deeds—limit dwelling types to stick-built homes. "If a change occurs that allows a trailer to be put on that parcel then that change could be made for other property owners as well," Ron Darby said, citing concerns about property values.
Planning and Zoning Supervisor Brittany Anderson told the board that the Planning Board voted 4-1 to recommend denial and reminded commissioners that "county zoning staff does not enforce covenants." Vice Chairman Frank Zachary and Chairman David Moxley said they were voting against the rezoning; Commissioners Cliff Collins, Ricky Oliver and Tim Parks voted in favor, carrying the measure 3-2.
Legal and practical limits: Multiple speakers and the board noted that rezoning a parcel does not erase private deed restrictions; one opponent and board members said the covenants "stay with the land" and must be addressed separately, for example through a separate legal process or unanimous amendment among covenant holders.
Outcome and next steps: The board approved a Statement of Consistency (3-2), a Statement of Reasonableness (4-1) and the zoning map amendment (3-2). Commissioners encouraged the Collins family to consult counsel and neighbors about the covenants; no county action to alter private deed restrictions was taken or possible at the meeting.
What to watch for: Any legal action or agreement among subdivision property owners to amend or release covenants, or any further permit applications by the Collins family, which could require clarification of covenant status and title insurance.
