Summit officials discussed a number of property issues Tuesday evening, including grandfathered-in mobile homes, longstanding eyesores and possibly reviving previously failed zoning map changes.
Councilman Joe Lewis said he wanted to revisit Aquanetta Thompson’s request to replace a deteriorated mobile home on Thomas Street with a new one, even though local zoning forbids it.
“The trailer she has is old and deteriorated and our fire department has had to tend to it twice,” Lewis said.
He noted that the existing structure has been “grandfathered” into compliance, meaning that it’s permitted to stay since it predated zoning law changes. But it cannot be replaced with another mobile home.
Thompson bought a new trailer after her current one started posing fire hazards and then learned she cannot place it on her land.
But her request has support from Lewis and Councilman Chris Daniels, who say it makes no sense to deny a resident a chance to improve their property, especially if it has the potential to be a death trap.
However, board attorney Ben Gilbert said that in allowing it, the council would be violating its own laws and opening itself up to a potential lawsuit it would be likely to lose.
“I anticipate you will face litigation. I anticipate that will be ruled arbitrary and capricious, and I anticipate the town will incur the cost of paying attorney fees,” he said.
Gilbert said the town could amend its comprehensive plan and zoning laws to allow mobile homes, but, “I’m just going to suspect when you do that there are going to be some people who are opposed.”
Lewis noted past court decisions went against the town over previous zoning matters.
“We lost that because people didn’t agree for growth. People didn’t agree for Summit to expand,” Lewis said, adding that the council should revise the comprehensive plan. “It’s not going to end. You’re going to have others who will want to do the same thing.”
Even with zoning changes, Thompson will run into other issues putting a new mobile home on her lot.
“It’s going to be nearly impossible to get a new manufactured home on that lot and confirm to the setback rules,” Gilbert said.
Building inspector Wayne Parker said Thompson would need new service lines for water, sewer and electricity, plus a new utility pole. He estimated the site preparation could cost up to $5,000.
“That lot she’s on is not uniform in any sense of the word and she’s going to run into problems with the width and the depth,” Parker said.
Lewis also brought up other zoning and building issues.
He asked about the possibility of trying again to rezone Lawrence Street as commercial from Interstate 55 to Highway 51.
“There is no time limit. You just have to follow proper procedures for a zoning change,” Gilbert said.
The town has twice tried unsuccessfully to make the change from residential to commercial, saying that the street has morphed into a thoroughfare over the past 20 years and the town is losing potential business by not rezoning the area. Both attempts to rezone resulted in lawsuits that Summit lost.
Lewis also inquired about the status of cleaning dilapidated commercial properties, including the Roberts building at 1014 Robb Street, the former Golden Hushpuppy, the former post office and two buildings adjacent to town hall.
Building inspector Wayne Parker said he went to take a look at the Roberts building earlier in the day. He said the building has long had a leaky roof, which has led to mold and mildew problems.
“That stuff will kill you,” he said, adding that the building has poor ventilation as well.
Parker said there’s also a crack in a corner of the building that could lead to structural problems.
“It’s old. It needs some attention, but its the best site you can find in this town,” Parker said.
As for the Golden Hushpuppy on the corner of Robb Street and Highway 51, Lewis said its a prominent eyesore.
“It’s right in the center of town, right by the traffic light and it’s a sore thumb,” he said.
Parker noted that underground gas tanks out front pose a barrier to future development. Parker said the building’s walls are sound but the roof is not.
“There’s water pouring in it,” Parker said, adding that the last time he went in the building he encountered a footlong rat and “I haven’t been back.”
Lewis said he’d like to see the property fixed up and returned to the town’s commercial real estate market.
“We’re losing money with buildings that are sitting there doing nothing,” Lewis said.
Gilbert said the town could issue a deficiency notice if the building’s condition violates codes and zoning laws.
“We need to do something ASAP,” Lewis said.
