Garrett objects to lack of notification prior to meeting

By Lynn Hotaling

Marian Garrett, who with her husband, Jack, has erected one modular home between King and Morris streets and has a permit for another, asked town board members why she and her husband weren't notified of the Oct. 31 called meeting that resulted in a 120-day moratorium on modular homes in Sylva's most restrictive residential districts.

Board members enacted the construction freeze after receiving a petition from residents of Morris and King streets objecting to the Garretts' plans to erect additional modular homes in their neighborhood.

Mayor Brenda Oliver told Garrett the town board is required only to notify the news media 48 hours in advance of a special meeting and that notification was provided.

"I was shocked to see the petition was submitted Oct. 29 and a special meeting and moratorium two days later," Garrett said.

Town attorney Eric Ridenour told Garrett that the modular home she and her husband have already erected has the appearance of a doublewide trailer, which is not allowed in the R-1 district, even though it's a modular home.

"The standard has changed. Modulars didn't look like that when the restrictions were developed," Ridenour said. "The planning board didn't intend to permit that type of structure in that part of town."

Garrett then asked for clarification of what the moratorium means.

"People can go ahead with anything currently permitted," said Sylva zoning administrator Jim Aust. However, no new permits for modular homes in R-1, R-1A and R-1B districts will be issued until the matter is resolved and the moratorium lifted, he said.

Jack Garrett spoke next, telling board members that none of the neighbors who signed the petition complained directly to him.

"Not a one of those people ever came to me or my wife and said, 'We don't like it.' If they had, we would have changed it. But no one even bothered to come and talk about it," Jack Garrett said.

The moratorium is designed to give town planners time to reassess how modular homes fit into R-1 districts, Aust said.

"The town of Sylva has not had zoning a real long time," said board member Audrey Tritt. "We knew there would be problems, even though we tried to do the right thing."

Sylva's zoning ordinance was enacted in 1998.

In a related matter, board members set a public hearing for 6:30 p.m. Thursday, Dec. 5, to hear comments on a request from Mike and Carolyn Colton to close an unconstructed portion of Morris Street.

In other business Nov. 7:

- The board voted unanimously to close Webster and Sylva streets, which were platted but never built, as requested last month by Lynley Todd. Todd said she cannot build on one of her lots in the Hampton Street area unless the unused road right of ways are abandoned.

No one spoke during the public hearing that preceded the meeting.

- Town board members unanimously voted to renew the lease for the Golden Age Center, a town-owned building that houses the county's senior citizen programs and activities.

Sylva's board will next meet Thursday, Dec. 5, at 7 p.m. at Municipal Hall.

Back to Archive: 11/14/02.