
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, March 15, 1990                   TAG: 9003152082
SECTION: CURRENT                    PAGE: NRV4   EDITION: NEW RIVER VALLEY 
SOURCE: M.J. DOUGHERTY CORRESPONDENT
DATELINE: FLOYD                                 LENGTH: Medium

TOWN TO SEEK SETTLEMENT OF ZONING-CHANGE LAWSUIT

Town Council instructed its attorney Tuesday evening to seek an out-of-court settlement in a lawsuit filed against the town and the council over a zoning change.

Council is being sued by property owners Mauyer Gallimore and Gene C. Thompson over its failure to approve a rezoning request for their four-acre downtown lot.

The owners had asked in June 1989 that property at 209 E. Main St. - site of the historic Rakes mansion - be changed from low-density residential to a business designation.

The Planning Commission recommended medium-density residential designation, which would have allowed some commercial development. Town Council followed this recommendation and approved the medium-density residential zone on June 22.

The owners filed suit July 21, 1989. The suit alleges that the new zoning is not reasonable and appropriate. Court records show all properties along Main Street, with the exception of the Rakes property, are zoned for business or light industry.

The vote to seek the settlement was 3-1. Councilman Robert Shelor voted against it. Mayor Gino Williams abstained because of a conflict of interest, citing an attorney-client relationship with one of the property owners.

"We're looking to save the house and an area of land around it and the rest of the area could be for business," said Terry Teel, the town's attorney.

Shelor, who is also a member of the Planning Commission, opposed the out-of-court settlement on philosophical grounds.

"Three years ago, council set forth a zoning ordinance and once again it has shown it is not ready to back it up," Shelor said. He also expressed concern that the property owners had not sought conditional-use permits that would allow them extra uses of the property under the current zoning.

The property owners hope to resolve the matter quickly.

"We've been trying to settle this thing for a long time," Thompson said Tuesday night by telephone. "It's fine with me if we can get an out-of-court settlement. We haven't had too much luck on that yet. I'll look at whatever they present."

In other business, council set a May 8 public hearing for its budget. Also, the job of town clerk was made a 40-hours-per-week position, effective immediately.

by CNB