THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, August 9, 1996 TAG: 9608090485
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: 68 lines
A property owner can try to get a conditional use permit and build a destination-style campground in a secluded wooded area on Roanoke Island, a judge ruled Thursday.
But the campground that Dr. Wallace Harvey Jr. wants to develop on the north end of Roanoke Island is not a done deal.
Superior Court Judge William C. Griffin Jr.'s ruling upholds Dare County's creation of a Conservation-Public Recreation zoning classification which allows campgrounds as a conditional use. Now the Harvey family must seek necessary development permits under that designation.
``There is still a long way to go,'' said Harvey's attorney, Jay Wheless of Manteo. ``What this means is that there was no illegal spot zoning by the county. That lets the Harveys proceed with their request for a conditional use permit. We are pleased that five of the original plaintiffs have dropped out of the action. We think that speaks volumes.''
On Dec. 5, 1994, by a 4-3 vote, the Dare County Board of Commissioners created the new zoning classification. Board Chairman Robert V. ``Bobby'' Owens Jr. cast the deciding ballot on the controversial issue, which had sharply divided Roanoke Island.
Opponents of the campground, including the environmental group known as The Friends of Roanoke Island, argued the new zoning classification constituted illegal spot zoning, and was inconsistent with the county's land use plan. They sued the Dare County Board of Commissioners and the Harvey family to block the campground.
The three-day hearing in July was highlighted by the testimony of actor Andy Griffith, who owns a home on Roanoke Island. Griffith testified he opposed the proposed campground because he wanted to preserve the character of the island.
However, in his 11-page ruling, Griffin dismissed opponents' contentions.
``On balance, the board's action was in the public interest,'' the judge wrote. ``There was reasonable basis for the board's action.''
In brief sentences, with little elaboration, Griffin wrote that the new classification did not constitute spot zoning, and was not inconsistent with the Dare County Land Use Plan.
Griffin also raised questions concerning whether or not the Friends of Roanoke Island had sufficient grounds to file the suit.
``To maintain this action. there must be an actual controversy,'' Griffin wrote. ``Notwithstanding the Board of Commissioners' action in rezoning the property in question, no conditional use permit has been issued and may never be issued.
``Futhermore, in a declaratory judgment action, a challenge may be mounted only by a person who has a specific personal and legal interest in the subject matter affected by the ordinance, and who is directly and adversely affected .
The attorney for the Friends, Brian Howell, said a decision on whether to take the case to the North Carolina Court of Appeals has not been made.
``It's very disheartening and very disappointing,'' Howell said by phone from his Raleigh office. ``Those who watched the hearings for three days know how hard we fought. Until I get a chance to fully read the opinion and talk to my client we're not in a position to make a decision on an appeal.''
Howell's dejection was matched by Harvey's jubilation.
``I'm delighted,'' Harvey said. ``As I understand it, that clears it all up.''
The Harvey plan must be approved by the Dare County Planning Board, and finally by the Dare County Board of Commissioners. ILLUSTRATION: [Color Photo]
Actor Andy Griffith, who owns a home on Roanoke Island, testified
against the campground. by CNB