Board debate highlights confusion as council moves to eliminate 'harmony' appearance criteria

During deliberations on the 451 Ocean Drive appearance review, applicant counsel Rick Kozell told the board that the town council voted recently to eliminate the "harmony" concept from appearance review for single-family homes, but said formal repeal requires further steps and notice. "That whole process didn't go away because when you pass a law ... you have to read it twice," Kozell said, urging the board to be mindful of the pending change as it considered harmony factors in its decision.

Board members disagreed on the proper approach. Some members argued they were duty bound to apply the current harmony criteria until repeal takes legal effect and said they were concerned about approving structures much larger than recent approvals; others said the house complied with zoning metrics (height, setbacks, open space) and pointed out that neighbors present had not objected. The debate touched on precedent risk, enforcement practicality and the need for clearer, objective criteria from the council rather than ad hoc board judgments.

Council action to change appearance review was a recurring theme: staff said the council's vote indicates direction but that implementation and statutory notice periods mean the current rules were still technically in effect at the time of the board's review. Several board members urged council to set clear numerical standards to remove ambiguity going forward.