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After battling some initial audio problems, Southern Shores Planning Board members voted to recommend denial of a zoning text amendment application for Town Code section 36-414.

Making a lengthy request by Zoom video link since he was unable to attend in person, Anthony S. Mina proposed a language change that would, if adopted, establish a 90-day exemption period for current property owners, properties under contract to purchase, rented property, or any other occupied property in all town zoning districts to seek governance from the town under the Town Code as it applied prior to adoption of all zoning text amendments that affected their property within the last three years.

County records show Mina acquired a 46,500 square foot single family residential lot at 75 East Dogwood Trail in July 2023. Town documents show that Mina submitted applications in 2024 and again in January 2025 to subdivide that lot followed by a variance application to subdivide the property. In March 2025, the Planning Board considered an appeal application by Mina to allow the subdivision of the Dogwood Trail property. Each request was denied.

Since June 2023, Southern Shores requires all single-family lots be at least 20,000 square feet, be at least 100 feet wide, and front a public road.

If approved, Monday’s code change request would exempt Mina and possibly others from having to comply with minimum lot requirements adopted in June 2023. The change could possibly impact up to 14 previously adopted zoning text amendments.

During staff presentation by deputy town manager and planning director Wes Haskett, it was noted that the text amendment request does not identify any Comprehensive Land Use Plan policies that are consistent with the proposed amendment and creating an exemption from having to comply with code requirements would be inconsistent with the town’s Comprehensive Land Use Plan.

During more than 90 minutes of testimony and discussion, Mina repeatedly insisted town staff have committed fraud and deception by failure to comply with notification requirements contained in Town Code 36-414(b) and rejected board member Michael Zehner’s comments that North Carolina General Statute 160D-602 and Town Code 36-414(b) only require posted notices for proposed zoning map amendments.

Zehner went on to say during board discussion that approval of the amendment request would be an acknowledgment that there has been a notification error, which there has not been.

Other board comments included Charles Ries pointing out that while adoption would create a number of problems, the text amendment being considered couldn’t be adopted because as written it would require posting a notice on all 4,000 Southern Shores properties.

At the end of discussion, board Chairperson Andy Ward advised the board’s options included to recommend approval as presented, recommend approval with modifications, or recommend denial.

A motion by Jan Collins to recommend Town Council not approve the application request passed on a unanimous 5-0 vote.

The next step for the application is a Town Council hearing.

Other more brief business for the day included approval with minor clerical corrections of the January 29 special meeting minutes and March 19 special meeting transcript and the March 19 Board of Adjustment order for a subdivision application was approved as presented.

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