Neighbors don’t want body shop in RE

A couple in the Red Banks area want to help protect the neighborhood from the use of a property for a body shop or storage yard for junk cars.

Dan and Mandy Strahl, who were also representing their neighbors, said their homes are in a Residential Estates zone and the four acres they are worried about was once used by a homeowner to operate a body shop.

It was grandfathered in, but then the body shop closed. Now a new owner of the property has cleared off the site. The community worries the property will be used for commercial purposes again.

Homes surround the four-acre lot and are located across Highway 178 from the property as well.

The old body shop was located at 4536 Highway 178, according to Dan Strahl.

He said the property changed hands and the community does not want a body shop or salvage yard as a neighbor.

Strahl said the original owner had operated a body shop behind his house and was grandfathered in. His question to the board of supervisors was if the property is still grandfathered in and whether could it be used for a body shop.

District 2 supervisor Johnny Walker answered.

“If it shut down, it can’t come back and grandfather,” he said.

Strahl said the new owner has leveled the property and it looks as if the owner plans to put in a body shop.

“We don’t want the noise and traffic and lights right there in our neighborhood,” Strahl said. “We want to express our concern and head this off at the pass.”

District 3 supervisor Keith Taylor said if the grandfathered business was shut down for a day or for a year, the owner would have to re-apply at zoning because, once you shut a business down, it is no longer grandfathered.

“In fact, you have made it commercial,” Strahl said.

Taylor said the board was trying to be fair with existing businesses, but once it closes he has never had a grandfather transferred once it shut down.

Zoning administrator Ken Jones said the business was closed and the owner came in to zoning to reapply for commercial zoning.

“It was denied,” Jones said. “They came back to the board and Mr. (Willie) Flemon voted to reinstate the grandfather clause.”

The late Walter Flemon was the former the District 1 supervisor.

“This is not the original owner,” Strahl said.

Board attorney Amanda Whaley Smith sought to clarify the issue.

She said she wants to get an opinion letter, after reviewing all case law, since the property had been sold to a new owner.

District 1 supervisor Charles Terry made a motion to table the discussion.

“I have notified the person who purchased the land he can do the clearing and taking trees down,” Jones said.

Strahl reiterated his contention that the new owner should not be allowed to run a body shop.

Jones said the property is zoned C-2 and the main reason the owner is there is because he owns a wrecker service.

The motion to table the discussion passed.

Cleanups Three public hearings

were set for cleanup orders of property initiated by Jones.

A property at 145 Shinault Road was reported cleaned up.

A property at 90 Cedar Woods Drive that had people living in two Rvs (recreational vehicles) were told to move out of them. The owners sold one of the Rvs and brought another in, Jones said. Supervisors had allowed the cleanup order to stay until the end of January 2024.

“They moved a camper trailer out and moved in an RV,” Terry said.

“They still are there,” said David Johnson, in training to fill the zoning administrator’s spot.

Terry asked to extend the deadline because the ladies who live in the Rvs are elderly.

Smith said the cleanup was continued because of the snow/ice storm in January. The case was continued to the second board meeting in March, she said.

Cleanup order to remove 15 old cars stored at 128 Ridgefield Cove was heard. The order was partially complete with only five untagged vehicles remaining. The owner has the titles, Jones said. By law the vehicles remaining in the yard should be tagged, he said.

Walker recommended the board give the owner two months.

“We have an ordinance in place, but we try to work with people, too,” Taylor said.

“You need more time to get them running?” Walker asked.

“Get them running or moved,” Jones said. “You can buy a tag for them and leave them sitting there.” “If he don’t get them tagged or moved he’s got two months,” Walker said.

The board voted to continue the order for two months.

Next up was a cleanup order to remove debris at 3768 Hernando Road.

The owner’s house burned and was in the process of rebuilding and staying in the RV, Jones said.

“He started stacking lumber but did not build,” Jones said. “Lumber and debris is all over the property.” The owner, Charles Ambrose, said he is definitely not selling anything on his property and not living in the RV. He said he brings his friends out. He plans to build a house but not soon. He offered to move the wood to the back of the property and put a fence in front of the material. He said he would like to put up a wood fence and gate at the driveway.

Terry made a motion to give Ambrose 30 days to clean up and put up a fence, unless bad weather causes delays.

The board approved continuing the order until 10 a.m. March 18.

The homeowner at 40 Oak Grove Drive bought a house with a second dwelling on the property. The owner wants to use the second dwelling, which had been used as a house, shop, or guest house, that was changed to a small business.

The homeowner asked to be allowed to move an elderly parent into the second dwelling but the homeowners association said no.

Jones said the owners built a shop in 2006. It has a septic tank and was used as a shop.

The issue is a second building with septic on a lot in a subdivision, Terry said.

“It was a building with office space and bathrooms, first,” District 4 supervisor George Zinn III said. “She wants to use it as a residence for her parents. We do special exceptions anywhere.”

Taylor questioned how the Homeowner’s Association could say a business can be run out of the building, but no one can live there.

He made a motion to allow the owner to use the shop as a second residence.

“I don’t see anything wrong with it,” said Walker.

The motion came to a vote and passed 3-2 with Terry and Zinn opposing the motion.