The Planning Board Deception on April 21, 2025

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"(C) Property owner(s) that have been defrauded by zoning text amendments made pursuant to Section 36-414 without being notified with posted notice as a property subject to the zoning amendment, pursuant to Town Code Section 36-414(b), shall have 90 days from the adoption of this ordinance to submit any applications to the Town seeking governance under the Town Code prior to the Amended Ordinance made without posted notice at the effected property(s). This section applies only to property owners who owned the property, were under contract to purchase the property, rented the property or occupied the property at the time the zoning amendment was adopted. This section also only applies to amendments made within 3 years of the adoption of this amendment."

The Zoning Text Amendment (ZTA) was filed on March 20, 2025 which placed the ZTA on the Planning Board's April 21, 2025 meeting and Town Council's May 6, 2025 meeting (or June Town Council meeting if the Planning Board cannot make a recommendation prior to the May 6, 2025 meeting).  Save Southern Shores anticipates Town Manager Cliff Ogburn to try and prevent property owners from becoming aware of the proposed ZTA.  North Carolina Law requires Southern Shores to publicize the ZTA in the newspaper.  Southern Shores also usually posts Planning Board meeting agendas on their website and publicizes Zoning Text Amendments in the Town Newsletter but for some reason as of April 9, 2025 Cliff Ogburn has yet to publicize the March 20, 2025 ZTA .

Please continue to check the Save Southern Shores website for the Planning Board Meeting and Town Council dates.  As of right now the Town Of Southern Shores has scheduled their Planning Board Meeting for 5PM on April 21, 2025.

EVIDENCE IN SUPPORT OF PROPOSED TOWN CODE AMENDMENT

36-414(C):

1) Town Code 36-414(a) which provides in part “Prior to adopting or rejecting any zoning amendment, the planning board shall adopt a statement describing whether its action is consistent with the adopted town comprehensive land use plan and explaining why the planning board considers the action to be taken to be reasonable and in the public interest”. Town Code 36-414(b) which states posted notice is required “in addition” to Town Code 36-414(a) notification requirements for amendments.

2) Town Code 36-362(b) which states mailed notice should be mailed to the owner of a property subject to the subject of the hearing & Town Code 36-365(a) which states the Adjustment Board “shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development that provides for the board to hear such matters”.

3) An email from Wes Haskett refusing to respond to notification of property owners of the March 31, 2023 lot width amendment on June 12, 2023.

4) Public Records Request proving property owners weren’t notified of the March 31, 2023 lot width amendment with the Town Newsletter until June 2, 2023 after not being told about the lot width amendment in the April 6, 2023, April 21, 2023, May 5, 2023, May 19, 2023 and May 25, 2023 Town Newsletter.

5) Public Records Request proving mailed Notice of the May 15, 2023 Planning Board Hearing on the lot width amendment was not provided and proof that Wes Haskett lied and said the Planning Board did not hear the lot width amendment on May 15, 2023 (Wes Haskett’s June 1, 2023 email proves Wes Haskett has knowledge the Planning Board heard and voted to recommend approval of the lot width amendment).

6) Public Records Request proving Southern Shores does not even have a record of the property owners required to receive notification of the March 31, 2023 lot width amendment pursuant to 36-414(b) and 36-362(b).

7) Public Records Request proving Southern Shores did not comply with Town Code 36-414(b) and Town Code 36-362(b) prior to adopting the TCA-21-06 amendment preventing lot access through easements.

8) Proof Wes Haskett permitted irregular shaped lots without compliance to the 100’ lot width requirement prior to the June 6, 2023 lot width amendment. This property proves that Wes Haskett’s June 7, 2023 email (in exhibit 3) stating Town Staff will be submitting a text amendment to allow pie shaped and irregular shaped lots completely contradicts the June 6, 2023 amendment.

9) 4 emails from Wes Haskett proving Wes Haskett hid the March 31, 2023 lot width amendment in May of 2023 after being specifically asked on May 1, 2023 “Can you please tell me anything that would prevent me from subdividing the 75 E Dogwood Trail lot so I could build another house”.

10) North Carolina law also provides that a court must construe ambiguous contract terms against the drafter. Cosey v. Prudential Ins. Co. of Am., 735 F.3d 161, 170 (4th Cir. 2013). Paying filing fees to Southern Shores establishes a contract under law and the Town Code.

If you are a Southern Shores Property owner and do not receive the postcard pictured on page 4 of the PDF file, please make a report to the North Carolina Department of Justice at ncago@ncdoj.gov 

This Zoning Text Amendment was filed to help all Southern Shores property owners that have been effected by zoning text amendments without being notified with posted notice at their property as required by Town Code 36-414(b) when the Town is doing things like rezoning subdividable property to unsubdividable.  The Town has adopted zoning code(s) with the intent to prevent lot subdivisions without posting notice as required by Town Code 36-414(b) in addition to Town Code 36-414(a) requirements.  Licensed realtors have stated that taking the right to subdivide from property owners reduces the value of the property.  If Southern Shores adopts the ZTA property owners will have 90 days to file any permit applications under the town code prior to the amendments made without posted notice.  

Cliff Ogburn has refused to add evidence to the Southern Shores website for the Zoning Text Amendment scheduled for April 21, 2025 on behalf of the applicant.  The evidence explains how  many Southern Shores property owners have been victimized with zoning codes amendments made without notification requirements to the property owner being complied with.