Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, June 14, 1990 TAG: 9006150701
SECTION: NEIGHBORS PAGE: N-3 EDITION: METRO
SOURCE: By TAMMY POOLE STAFF WRITER
DATELINE: BUCHANAN LENGTH: Medium
Council members said they expect to act on the matter at a 7:30 p.m. meeting Monday.
LeRoy Worley, an agent with W.E. Cundiff Realty in Vinton, asked the town to return the right of way on a lot to Pat and John Eubanks. A filing error, discovered in 1985, changed the Eubankses' property line to include a 70-foot right of way belonging to the town.
They have five lots in the town and want to make four large lots out of them. To do that, though, the couple needs the right of way from the town. Worley also said the Eubankses have ordered a speculation house for one of the lots, but can't place the house on a lot until they find out if council will release the right of way.
Jessie Jones, the zoning administrator, said he objected to giving the Eubankses the right of way because of some technical problems with the town's definition of subdivisions. The Eubankses have indicated they want to develop land near these lots. They have been unsuccessul in two other attempts to develop subdivisions in the town.
"Under the state and town ordinance, we have a slight problem here. There have been mistakes made in the past [concerning the parcel of land] . . . Legally, we have to comply with the code or be liable to any problems that may arise," Jones said.
Worley told council that Jones lives in a house adjoining one of the Eubankses' lots.
"When Mr. Jones wanted a building permit for his home, he got one. But when Mr. Eubanks asks for a building permit, he's denied. What's the deal here?" asked John Eubanks.
Acting Mayor C.D. Barger had to quell several arguments between Worley, Eubanks and Jones before council discussed the Eubanks proposal.
Barger is filling in for Mayor Stull Carson, who is ill.
"It comes down to whether or not the land is a true subdivision," Barger said.
Council members agreed, saying they have no problems with the development if the land is in a subdivision.
In other business, council approved its 1990-91 fiscal-year budget, which includes $172,000 from the general fund and $192,000 from the water and sewer budgets for a total of $364,000. Projected operating expenses for the general fund are $161,800. The expenses from the water and sewer fund are $202,200.
by CNB