Go to the homepage for the Sylva Herald and Ruralite

Sylva officials grant Garretts access across Davis Street

By Lynn Hotaling
Surveyor Surveyor John Jurss stands in the Davis Street right of way near its junction with King Street and looks up the slope toward a lineman as he works Tuesday to establish the location of a Possum Holler property line. Action by Sylva's Town Board last week gave Morris Street resident Jack Garrett access across Davis Street to property he plans to develop. Jurss was hired by Mike and Carolyn Colton and Ann and Melissa Marteeny, who own property adjacent to Garrett's and opposed the town's action to open any portion of Davis Street. - Herald photo by Lynn Hotaling Sylva officials Thursday (Feb. 6) put to rest a simmering controversy by declaring a portion of a street open in order to give a Morris Street resident access to property he plans to develop.

The decision clears the way for Possum Holler resident Jack Garrett to construct a second modular home in the community.

Sylva Town Board members unanimously endorsed a motion from Eldon Cabe that states Davis Street "is and remains open 41 feet from the top of King Street extending in a southwesterly direction to the (Jack and Marian) Garrett property to provide access to that property."

"I don't think (the Garretts) should be landlocked," said Cabe.

"I tend to agree with that," said board member Maurice Moody. "About the only thing that seems clear from the record is that the (1986 town) board wanted to give (former property owner) Jeff Hedden access, and I think the Garretts are entitled to access their property from King Street."

The Garretts now own the property Hedden owned in 1986.

Davis Street, which on paper connects Jackson Street to King and Morris streets, was closed by action of Sylva's town board in 1986 at the request of the McGuire family, whose dental offices were subsequently built in the vicinity of the former Davis Street right of way. An examination of the street closing order indicates that the entire street was closed; however, minutes from a June 5, 1986, Sylva board meeting state that 37 feet was left open after the Jeff Hedden family's May 1986 objection to the proposed closing.

T.C. Lewis, who was Sylva's mayor in 1986, told The Sylva Herald last month he remembers reaching a compromise that left 37 feet of Davis Street open in order to give the Heddens access to their property.

Town attorney Eric Ridenour said the status of Davis Street is not a clear issue.

"Both sides have good points for it being open or being closed," Ridenour said. "The wording in the minutes says 'leaving 37 feet open.' That could be in either direction. If it's 37 feet to the north, the Garretts will argue the street is wide open. Or, it could be 37 feet to the Hedden (now Garrett) property." (Surveys conflict on whether the distance in question is 37 or 41 feet.)

On the other hand, the street closing has been on record since 1986, and Ann and Melissa Marteeny, whose driveway approximates the platted location of Davis Street, have been told none of it is a public street, Ridenour said.

Jeff Hedden objected to closing Davis Street in 1986, and the town board's intent must have been to leave him access, Ridenour said.

"Regardless of what happens, both sides or either side could file an administrative appeal," Ridenour said.

During a public hearing that preceded the board meeting, the Garretts spoke in favor of keeping a portion of Davis open. Mike and Carolyn Colton, who own the property between the end of King Street and the Garretts' property, said it was their understanding that all of Davis Street had been closed in 1986.

Melissa Marteeny did not attend the hearing but sent a letter saying she understood Davis had been closed and that she would likely pursue legal action against the town if the road is opened and widened.

Confusion over the status of Davis Street arose after town officials received a request from the Coltons to close the unconstructed portion of Morris Street. During a December public hearing on that request, the Garretts objected due to the ambiguity surrounding the status of Davis Street. If Davis Street was completely closed, the existing Morris Street right of way might be the only access into their undeveloped property, they said. Town officials subsequently postponed a decision on closing Morris until questions surrounding Davis Street had been settled.

Controversy in Possum Holler first surfaced in October, when Sylva leaders enacted a 120-day moratorium on modular housing in the town's most restricted residential districts. That action was taken after board members received a petition from residents in the neighborhood, which is bounded by Morris and King streets, protesting the appearance of a modular home erected by the Garretts last year. The Garretts obtained a building permit to erect a second, similar modular home prior to enactment of the moratorium.

Neighbors object to the Garretts' existing modular because they say it has the appearance of a doublewide trailer, which would not be allowed in R-1 districts.

Town officials will hold a public hearing and special meeting Monday, Feb. 24, at 6:30 p.m. to take comment and act on a proposed amendment to the section of the town's zoning code that regulates modular homes.

Members of Sylva's appointed planning board have recommended changing the ordinance to require that modular homes constructed in R-1, R-1A and R-1B zoning districts be required to meet certain appearance guidelines.

Town board members are expected Feb. 24 to either approve amending the zoning ordinance to narrow the definition of modular homes permitted in R-1 districts or extend the moratorium on their construction.

Back to Archive: 02/13/03.