Commission overturns planner's decision on land use complaint

By a 4-1 vote following a lengthy quasi-judicial hearing on the matter, the Alleghany County Commission ruled that William Simons had the right to continue storing and selling scrap metals, vehicles and other materials on his property at 1909 Mount Carmel Rd. Chairman Ken Richardson voted against overturning the decision of Planner Kathy Murphy in Simons appeal, but the majority was in favor of the move.

Due to state law, the commission was required to have at least four votes to overturn the decision and to certify ‘findings of fact' on which they were to base their decision. County Attorney Donna Shumate agreed to compile a sample list of findings of fact for the board to look over and then vote on at its next meeting.

Murphy had ruled earlier that Simons did not have the right to do so due to the Property Rights Protection Ordinance, which states that certain land uses are either prohibited outright or require that individuals and businesses get a special use permit. The area in question is considered a residential/farming community and the use of that property to store and sell scrap metals would not be allowed under the ordinance, Murphy indicated.

However, Simons argued successfully that he had been conducting similar activities for many years on the site, but he said his work does not constitute a business endeavor. He said he does sell scrap metals and firewood as a way to make money. "It ain't a business, just making money on the side," he said.

 

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