THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 16, 1994 TAG: 9407140356
SECTION: REAL ESTATE WEEKLY PAGE: 02 EDITION: FINAL
COLUMN: About the Outer Banks
SOURCE: Chris Kidder
LENGTH: Medium: 100 lines
EDITOR'S NOTE: Kill Devil Hills plans to build a 44-car parking island in the middle of East Hayman Boulevard, now a quiet, unpaved road. For the street's 13 homeowners, the town's plans could shatter their peaceful lifestyles. This is part two in a three-week series.
East Hayman Boulevard is a narrow, unpaved street between the highways at the north end of Kill Devil Hills.
A drainage culvert marks its west end, a block short of U.S. Route 158. Less than two blocks east, the street ends in a five-car parking lot on the shoulder of the beach.
There are 13 houses on East Hayman Boulevard. One house is in a resort rental program; one is a year-round residence; the rest are second homes.
Most were built in the 1970s. All are modest beach-boxes owned by folks who worked hard for their piece of seaside paradise.
East Hayman homeowners aren't on the beach, but they're close: Close enough to smell salt and fish on damp summer mornings; close enough to hear waves wash the beach at night.
They see a wedge of blue ocean through a break in the dunes. And they have the peace and quiet to sit on their front decks and drink it all in.
But East Hayman Boulevard is destined for bigger things. When the subdivision was platted in 1934, its owners envisioned the road as a major thoroughfare. The street's unusual 100-foot right of way and its designation as a ``boulevard'' reflect that intent.
Sixty years later, the town of Kill Devil Hills wants East Hayman Boulevard to live up to its name.
When the town proposed major changes for the street in 1989 - a bathhouse on the beach and paved parking on the street - homeowners said they were shocked.
They shouldn't have been surprised, town officials say. The town's right of way was clearly indicated on any neighborhood plat. And long-range plans for the town have singled out Hayman Boulevard as a potential parking site for years.
The 1989 proposal was dropped because of budget considerations. But it was revived, minus the bathhouse, in 1992. This time, the homeowners hired Dare County attorney Starkey Sharp to negotiate a compromise with the town.
The town proposed a mid-street parking island for 44 cars, with one-way lanes for through traffic down each side. Homeowners wanted a conventional two-way street with curbside parallel parking.
The homeowners argued that mid-street parking would turn their street into a parking lot, which was not in keeping with the residential character of their neighborhood. They argued against using the entire 100-foot right of way because the town had allowed homes to be built almost to its edge.
The validity of their arguments was never tested because the project was eliminated when the town's street funds ran out.
In spring, East Hayman property owners learned from a newspaper report that the town was once again considering improvements for their street.
Originally scheduled for June, the project has been delayed until September. Homeowners are considering litigation to stop the work before it gets started: It's a long shot.
No case law that deals with the specific issues the homeowners would argue in court, according to the Institute for Government at the University of North Carolina.
On the other hand, the town owns the right of way. Its right to build traffic medians or other improvements and to designate one-way streets is well-established.
Lack of legal precedent is one obstacle for East Hayman homeowners to overcome. An even bigger problem may be basing their arguments on the preservation of their neighborhood's residential character. Though originally platted for single-family homes, East Hayman Boulevard was zoned for commercial development many years ago.
It may be too late for the 13 East Hayman Boulevard homeowners to undo what's been done. Even if they reach a compromise with the town, paving, parking and through traffic are in the cards.
There are lessons for every beach property owner in the Hayman Boulevard story. Neighborhoods change as communities grow. Be prepared. Talk with town or county planners to find out where easements are, how your property is zoned, what long-range plans exist for your part of the beach.
Buying now and worrying about a town's long-range plans later can be expensive. No one can say for sure how the project will affect East Hayman property values, but how salable do you think your house would be with a 44-car parking lot in the middle of the street?
Kill Devil Hill's need for beach parking was no secret. It has fewer than 90 parking spaces to serve its densely populated north end. Hayman Boulevard's undeveloped 100-foot right of way was an asset the town couldn't afford to ignore.
But the redefining of East Hayman Boulevard didn't happen overnight. Changes had been in the works for years. The town's zoning, its shoreline access plan and other public planning documents are proof of that. Each change provided an opportunity for property owners to speak up and participate in the planning process. MEMO: Next week: Chris Kidder's regular column, About the Outer Banks, will
look at the political questions raised by the property owners of East
Hayman Boulevard: How can non-voting taxpayers have a say in town
policy? Is it right for a town to serve some citizens at the expense of
others? by CNB