County Staff Report Recommends Appeal of BZA’s Holly Acres Decision

A report by county staff recommends appealing the Board of Zoning Appeals decision concerning the reconstruction of mobile homes in Holly Acres Mobile Home Park.

On Nov. 21, the Board of Zoning appeals unanimously overturned a ruling made by the county’s zoning administrator Nick Evers that 66 mobile homes could not be repaired or replaced following flooding on Sept. 8 due to Tropical Storm Lee.

The report – from county attorney Angela Lemmon Horan and assistant county attorney Curt G. Spear ­– suggests that the county should seek a review of the BZA decision in circuit court because, “it has severe implications for the County’s standing in the National Flood Insurance Program, and because it is based on an interpretation of state law, it should be reviewed by the courts.”  

The report further asks the board of county supervisors to allow the attorneys to file an appeal of the BZA decision with the circuit court. It also states that while the appeal is pending “we can and will continue to seek an agreed resolution of this matter with HAMP, Inc., in conjunction with appropriate state and federal officials, to determine if any resolution is available that is consistent with the County’s continuing participation in the NFIP.”

The board will be meeting at 2 p.m. Tuesday and may vote on the recommendation after closed session.