Commissioners: Crab business can stay

SNEADS FERRY - The debate over a crab operation in Sneads Ferry may be over.

After multiple appeals, Johnny Wayne Midgett will be able to operate his crabbing business legally in Sneads Ferry, according to Onslow County commissioners.

Midgett had been trying for two years to change the zoning of a lot on waterfront property in Sneads Ferry so he could continue to operate his crabbing business. His struggle created heated debate within the community - between those opposed to his efforts and those who support him.

His June 15 attempt succeeded when Onslow County Commissioners unanimously agreed to rezone the parcel to community business (CB) from residential district (R-15).

Since 2000, Midgett has been using the waterfront property, owned by his wife's aunt and uncle, Barbara and Graham Taylor, for his crab business.

When new county zoning laws were passed in 2004 to deal with development, the lot was zoned residential.

Midgett said he operated the business without controversy up until 2005.

Then, in 2005, Midgett said he received a permit for a refrigerated storage unit on the site, and a few months later bought a prefabricated carport and placed it on the property to protect and keep soft shell crabs out of the sun.

Residents who opposed the carport filed a complaint with the county zoning office, saying Midgett was operating a business in a residential area. He was cited for being in violation for placement of the carport, and when he asked for a permit, it was denied.

In June of 2006, the county ordered Midgett to take the carport off the property and close the business.

In an effort to solve his problem, Midgett turned to county commissioners and proposed amending the zoning ordinance to allow limited scale fishing as a special use in all zoning districts.

At the public hearing, large numbers of Sneads Ferry residents spoke both in favor of and against the amendment.

Commissioners deferred action on his request and asked the planning and development department to host forums, study the issues and develop a list of alternatives that might appease all parties.

Several alternatives were proposed, including revising the zoning ordinance to establish limited scale commercial fishing as a principal special use in all residential districts, but commissioners voted 3-2 against revising the ordinance in December of 2007.

He continued to seek alternatives and went to the planning board in April to ask for CB zoning for the lot.

Commissioners held a public hearing in June before voting to approve the zoning change.

Fran Hollowell is not pleased with the action the commissioners have taken.

Hollowell, who lives in the same neighborhood as Midgett's business, is the editor of a Sneads Ferry Web site. In its community news section, she expressed her displeasure with the commissioners and wrote, "Now, the next step will be to take this case to litigation ...."

When The Daily News asked if she is considering legal action, Hollowell said she couldn't comment about that at this time.

"There is a possibility it's not over," she said.

Hollowell said she disagrees with the commissioners' decision because she does not believe in spot zoning. Spot zoning is when a small section or piece of property is zoned differently than the rest of the surrounding area.

"I think they made a bad decision which has the potential to affect all property owners in Onslow County," she said. "You should not be able to operate a business in a residential area, let alone a stand-alone business like he's operating. I'm concerned about this becoming a commercial district - there are other vacant lots around here - now this opens the door to other people doing business here."

Barbara Ikner, who is on the November ballot for an Onslow County commissioner seat, said she is pleased with the decision. Ikner appeared before the commissioners several times to ask them to allow the re-zoning.

"I feel that he was eligible to be zoned community business," Ikner said. "When the re-zoning originally took place, he was already operating the business on that property and he should have been zoned community business then, so it was the correct thing for the county to go back and correct that."

She said she has no concerns that this will open the door for commercial ventures in residential areas. She also doesn't believe Midgett's business depreciates nearby property values.

"The property is .66 acres, which is barely more than a half acre, so the possibility of putting any kind of large-scale commercial business there is very narrow because of the sheer size of the property," Ikner said. "The property owners of the lot he uses also own nine other lots in the area - obviously using them as an investment, so I am sure they are as eager to protect the property values as others are."

Commissioner Paul Buchanan voted for the zoning change.

"He's been doing it for so long, and it is part of his livelihood, I ruled in his favor," Buchanan said. "The neighbors right around him don't have problem with it ... there is no homeowners association, so no rules or regulations have been established there. I just think it was fair to let him have that."

Contact Topsail area reporter Suzanne Ulbrich at sulbrich@freedomenc.com or 910-219-8466.