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Planning board approves order in VA-24-O1; applicant raises notice concerns

Southern Shores Planning Board · November 19, 2024
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Summary

The Southern Shores Planning Board approved an order in variance case VA-24-O1 and authorized the chair to sign after minor corrections; later in public comment the applicant, Anthony Mina, said he is the property owner and alleged the town did not send required notices under town code.

The Southern Shores Planning Board voted unanimously on Nov. 18 to approve the order in variance case VA-24-O1 and authorized the chair to sign the corrected document. Chairperson Ward read a memo from the board of adjustment attorney, Jay Willis, saying he had reviewed the proposed order combining rulings on a motion to preclude and the variance application and had no objection to its substance.

The board added two minor corrections before the vote: a topographical fix and a typographical correction to the word "variance" on the final page. Planning Director Wes Haskett said the attorney will revise the document; once the board signs it, the revised order will be served on the applicant and the property owner. Haskett said service starts a 30-day period in which the applicant may appeal the decision to the Dare County Superior Court.

During the public comment period under agenda item 9, Anthony Mina, who identified himself as the applicant and homeowner at 75 East Dogwood Trail, told the board he had documentation proving ownership and disputed Haskett’s earlier statement that someone else was the property owner. Mina also alleged the town had not mailed the notices the public expects under town code section 3.6.362(b) and said that conduct, in his view, misled the public about who received notice of zoning actions.

Chairperson Ward acknowledged Mina’s comment but made no immediate procedural change on the record. The board took no additional action on Mina’s allegation at the meeting.

The approved order for VA-24-O1 will be revised to reflect the corrections and forwarded for signature and service; any appeal must be filed within 30 days of service to Dare County Superior Court.