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Thomas Rezoning - Old US Hwy 52 Tax Map 12 Lot 71

Context

Request by Joseph G. Thomas, the owner, to rezone 0.46 acres (Midway Township Tax Map 12, Lot 71) on the west side of Old US Hwy 52, about 0.16 miles north of Hickory Tree Road, from CS (Community Shopping) to OI (Office & Institutional) so the existing building, originally built as a dwelling, can be used as a single-family home. County staff said it has no legal non-conforming residential status because it has operated as a compliant commercial use, and that a short-term rental use there was supposed to stop pending the decision. Staff (Lee Crook, Matthew Bruff) recommended denial as inconsistent with the Town Core designation. The minutes do not state a connection to the 134 Kanah Court Airbnb; they are separate matters.

Status

Planning Board denied the rezoning 3/31/2026 (unanimous, 4-0). Town Council held the public hearing May 4, 2026 (called April 6 after the January 5 postponement and the cancelled February 2 meeting), adopted a statement of consistency finding the amendment unreasonable and not in the public interest, and denied the rezoning unanimously (Moon moved, Edwards seconded). At that hearing the owner said the building was then in use as a short-term Airbnb rental, which had triggered a zoning violation notice and prompted the request; staff said that residential use is not permitted in CS because the building lost its legal nonconforming residential status when it was converted to commercial office use. The Council minutes do not mention the single-family-home purpose recorded at the Planning Board. On September 22 Town Manager Brock Hall reported the Old Highway 52 rental appeared to have stopped Airbnb activity as of August 31 and might be listed for sale; see Short-Term Rental Regulation.

Log

  • 2026-09-22 - Town Council Vision Session - Hall reported the Old Highway 52 short-term rental, subject to the prior rezoning denial, appeared to have ceased Airbnb activity August 31.
  • 2026-05-04 - Town Council - Public hearing: Lee Crook and Matthew Bruff recommended denial (Planning Board had voted 4-0); Joseph G. Thomas said the building is a short-term Airbnb rental that triggered a violation; no public speakers; consistency statement adopted (McAlpine/Moon) and rezoning denied unanimously (Moon/Edwards).
  • 2026-04-06 - Town Council - Council called the public hearing for May 4 (Edwards/Leonard, unanimous).
  • 2026-03-31 - Planning Board - first heard December 2025, continued in January for weather; applicant had not arrived. James Smith moved, Paula Hill seconded, to deny as inconsistent with the Town's adopted plans; unanimous.
  • 2026-02-02 - Town Council - Continued public hearing was on the agenda, but the meeting was cancelled for winter weather (agenda only).
  • 2026-01-05 - Town Council - Public hearing postponed to February 2 at Lee Crook's request because the Planning Board needed more time (Edwards/Alcorn, unanimous).