Rezoning to lower taxes for a few angers some Dillsboro business owners

By Rose Hooper

At Dillsboro's October meeting, board members agreed to rezone property for five people on Haywood Road. However, at its Nov. 13 meeting, Mayor Wade Wilson apologized, saying that the board had made a mistake in procedure.

An immediate vote cannot be taken on rezoning, he said. Instead, it must have a first reading, followed by a notification to property owners and then a public hearing. Because those procedures were not followed, board member Jim Cochran asked that the previous action be rescinded, and it was.

"Nobody intentionally did anything behind anybody's back," said Cochran. "We're sorry we made the decision we did, but we did so based on the information at the time."

The five property owners whose property would be rezoned are Vernon Holloway, Bennie Reece, Hart Goodson, Lera Chitwood and Herb Nolan, Dillsboro's town clerk. All the properties lie in a strip extending from Nolan's house to Hometown Place Road.

Cochran made a motion that the board go through the proper channels to rezone the properties, including notifying the owners and scheduling a public hearing. Although nothing was read, Cochran said Monday's meeting would serve as the official first reading. The motion carried although Jean Hartbarger voted against it.

Business owner Susan Leveille questioned why the board was initiating the zoning change. Wilson told her that would come out at the public hearing. Pressed by several others in the audience who repeated the same question, Wilson replied that it would lower the property taxes of the owners, bringing their payments more in alignment since the recent county revaluation generated such a tax increase - more than 50 percent for many.

"Everybody's taxes went up," business owner Emma Wertenberger quickly responded. "I know mine did; I'd like to have my taxes lowered, too. Rather than lower taxes for five property owners, lower the millage rate for all of us."

Wilson was then pressed to tell how many of the five property owners initiated the request, since one of them - Chitwood - was there to oppose the move.

"I'm aware that the town has a planning board," said Leveille, who asked if the rezoning request was generated by them. "As an observer for 18 years, I'm not sure what the planning board does or when they meet."

Wilson replied that the request was generated by two property owners, Nolan and Goodson, and not the planning board. However, Goodson said Tuesday that he made no such request and was unaware of the proposed rezoning that would affect his rental properties.

Planning board Chairman Mary Moody Bumgarner said she was not aware of the board's rezoning proposal, although it was perfectly legal for zoning initiatives to come from the town board, as well as the planning board. Planning board members Tom Wertenberger and Sharon Marceline said they were also unaware of the rezoning proposal.

Chitwood, who purchased the Olde Towne Inn as commercial property in 1998, told the board she strongly objected to any attempts to rezone her property to single residence.

"No one would buy my property on that strip for residential," she said. "It would reduce the value of my property, and I would loose all options for resale."

Currently a bed and breakfast, the property would also make an excellent restaurant, Chitwood said. While parking is at a premium on that strip, Chitwood said for a restaurant she is only required to have one parking space for every five people. "I have six parking spots on the lower level and two on the upper, so I could have 40 customers," she said.

"I feel that the re-zoning was initiated by Mr. Nolan, the town clerk and zoning administrator and my neighbor, for his benefit only. Why rezone a whole strip for just one person?" Chitwood asked the board.

"The town is always talking about needing more revenue. How are you going to get it if you keep lowering taxes?" Emma Wertenberger asked.

Wilson said everyone could have a say at the public hearing, which probably won't be scheduled until after the holidays.

"We will be following due process," the mayor stressed.

Back to Archive: 11/16/00.