Comm. Recommends Forgiveness, Permission for Removed Tot Lot, New Tourist Home

By Desiree Parker Tuesday, May 18, 2010

York County planning commissioners unanimously approved two applications at their meeting last week, one for an amendment to Yorkshire Downs’ master plan and one to allow a tourist house at the former Nancy Thomas studio.

Both applicants are in violation of county ordinance, and need approval to come into compliance.

The board of the condominiums at Yorkshire Downs had requested they be allowed to remove a tot lot and picnic area from the property more than 10 years ago. Residents were concerned about teenagers loitering in the area. Staff said then the development’s master plan needed to be amended in order to allow for the removal.

In 2006, someone removed the tot lot and picnic area without permission. Recently the county told both the Master Association and the Condo Association that they needed to replace the recreation area, apply for an amendment to the master plan or face litigation.

Planning commissioners were not happy about the idea of retroactively approving the removal of the area, especially when they discovered the condo association never communicated to residents that they were planning to apply to change the master plan.

The applicants (both associations) say it’s not clear who took the equipment down, but it wasn’t done with the approval of either board. The mysterious circumstances also made commissioners unhappy.

After a lengthy debate, commissioners decided that though the circumstances weren’t to their liking, the community had enough recreation space to satisfy current ordinances and they decided to unanimously approve the application.

Commissioners also unanimously approved a special use permit for a tourist home in Yorktown, though the owners already have been operating it as such for a year.

Robert and Sheri Mann have owned the former Nancy Thomas studio on Lafayette Road near the Coast Guard Station since 1999. The Manns live in the main house on the property and requested a special use permit (SUP) in 2001 to use the old studio as a bed and breakfast. Supervisors at the time denied the request.

In 2006, the Manns proceeded to renovate the building, adding a ground-floor full bathroom, which meant the structure had been turned into an accessory apartment without authorization. The applicants said they didn’t know they needed a permit.

In spring 2009, they began using the building as a tourist home without an SUP and had a total of seven guests. When they went to pick up a business license and discuss transient occupancy tax obligations with the Commissioner of the Revenue, staff told them they needed approval by the county for their tourist home.

The Manns have currently stopped accepting guests until the SUP application is decided. They have turned down several guests so far, according to a written statement they submitted along with their application.

Mann told commissioners at the meeting he had a petition with the signatures of more than 20 neighbors in support of allowing the tourist house. A few neighbors came to speak to commissioners at the meeting in support of the plan, and a few came to ask commissioners to reject it. The detractors argued it would set a precedent and encourage other similar businesses in the quiet neighborhood and would mean strangers would be walking through the neighborhood.

Mann explained to commissioners they were a business that was very small, wouldn’t have lots of traffic and wouldn’t have an unreasonable amount of guests. Plus, he pointed out, there are already strangers in the neighborhood staying at local bed and breakfasts.

The next stop for both issues is the full board of supervisors, which has not yet been set.