VARIANCE FOR SUBDIVISION FINDINGS FOUND TOWN COUNCIL:
1) ILLEGALLY ADOPTED ZONING CODES ON 6/6/2023 & 8/3/21
File coming soon.
2)TOWN COUNCIL HAS ILLEGALLY DOWNZONED PROPERTY
3) COUNCIL REDUCED PROPERTY VALUE WITHOUT TAX REASSESSMENT
A list of laws Whaley Fun Returns believes were violated by Wes Haskett and Southern Shores against 75 E. Dogwood Trail owners and other property owners includes:
- Southern Shores did not provide property owners Notice of Zoning Regulation changes at effected properties as required by Town Code Sec. 36-414(b) for lot width requirement changes on June 6, 2023 and Easement Access restrictions on August 3, 2021. Southern Shore also did not comply with North Carolina's Notification requirements which are found in Article 6 SS 160D-602(a),(b),(c) and (d). Southern Shores did not mail notice as required, Southern Shores did not publish an advertisement 1/2 page in size in the Coastland Times, Southern Shores did not post notice on the effected properties and Southern Shores did not directly communicate with effected property owners. What Southern Shores did do was intentionally refuse to tell the current owner of 75 E. Dogwood Trail about the proposed lot width change during 1 month's of emailed correspondence from May 1, 2023 until June 1, 2023, during which time the previous owner who had the house listed for sale as a property Southern Shores said was possibly subdividable negotiated an additional $75,000 for the sale price and a $5000 due diligence deposit from current owners. Southern Shores claims that (2) classified ads a few inches big, as required for Amending a Development Regulation pursuant to North Carolina Article 6 SS 160D-601 satisfies their AMENDMENT OF A ZONING REGULATION NOTIFICATION REQUIREMENT is also incorrect because these Notification requirements indicate Military Bases within 5 miles must be notified and the U.S. Army's Duck Facility was not notified. Article 6 SS 160D-601 also states that "No amendment to zoning regulations or a zoning map that down-zones property (reduces permitted uses) shall be initiated nor is enforceable without the written consent of all the property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the local government." The local government did not initiate the down-zoning on June 6, 2023, Wes Haskett did without ever receiving effected property owner's permission or Town Council's unanimous approval. The 75 E. Dogwood Trail Subdivision application dated July 3, 2024 is attached below followed by Wes Haskett's July 16, 2024 denial using the unenforceable codes the sub-division application proved were illegally adopted.
- Southern Shore's Illegally Down-Zoned Property. Wes Haskett claimed preventing subdivisions was the reason for the lot width requirement change on June 6, 2023 in an email on June 7, 2023. If preventing lot subdivisions was Wes Haskett's real intent, changing zoning code to prohibit lot sub-divisions would have been the proper way to attempt to prevent lot subdivisions. Wes Haskett was aware prior to the June 6, 2023 zoning amendment that he was trying to change 75 E. Dogwood Trail from a subdividable lot (by right to property owner) to a lot that no longer could be sub-divided by right and may need town council's permission. Wes Haskett's email indicating the lot width amendment was adopted to prevent sub-divisions is attached below.
- Southern Shores took the right to subdivide from property owners without an Eminent Domain transaction. § 40A-2 (3) "Eminent domain" means the power to divest RIGHT, title or interest from the owner of property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the RIGHT, title or interest divested. Southern Shores and their attorney Philip Hornthal claim that taking the RIGHT to subdivide property is not "taking" and does not require an eminent domain transaction. Southern Shores intentionally did not properly notify homeowners of changes they were making that competent municipal employees understand reduces land value. What Southern Shores did was the equivalent to the Federal Reserve secretly changing the value of a $1 bill to 75 cents when the American people could have converted their $1 bills to (4) 25cent quarters prior to changing value so the American people would not be stolen from by their government. Southern Shores and their attorney who is paid to strictly adhere to fact and law have refused to stop being deceptive to Southern Shores property owners for at least the last year. Southern Shores employee Wes Haskett and their town attorney, who has been paid $3747 for matters related to the denied 75 E Dogwood Trail lot sub division (and a total of $131,812.48 since 7/1/2022) have repeatedly claimed to have properly notified property owners and even provided current owners of 75 E. Dogwood Trail fraudulently misrepresented zoning code Sec. 36-414. Motion to amend through Sec. 36-415 by deleting Sec. 36-414(b) which requires notification signs at effected properties in addition to published notice in the newspaper (the email is dated May 21, 2024). Wes Haskett's email dated May 21. 2024 falsifying notification requirements to the property owner, Police Chief and Mayor is attached below. Southern Shore's legal costs, which include $3747 of costs for denying a subdivision plan with illegally adopted zoning codes is attached below. In the real world, paying an attorney to falsify records is illegal and gets the government employee immediately fired from their job.
- Wes Haskett refused to sign the exemption certificate on the 75 E. Dogwood Trail lot subdivision which has more than the 100' lot width requirement measured at the building front that was required when a contract to purchase 75 E Dogwood Trail was entered into based on the material facts Southern Shores and the previous owner did not withhold. The exemption certificate Wes Haskett signed on the 233 N. Dogwood Trail plat has a lot width under 100' at the building setback line so Wes Haskett has proven Southern Shores is discriminating against the 75 E. Dogwood Trail subdivision plan by requiring a lot width requirement he fraudulently concealed from applicant and/or is committing crimes to allow other property owners to obtain exemption certificates. With the plat you will also find Southern Shores trying to withhold the documentation of the 233 N Dogwood Trail plat by claiming the lots were created prior to Southern Shores Incorporation. It took a 2nd Public Records Request to get Southern Shores to stop withholding information North Carolina law requires them to give to the public.
- Public records indicates Wes Haskett illegally downzoned property without the permission of property owners and Southern Shores did not notify Dare County's tax department of the reduction of property value, making Southern Shores guilty of fraudulently over taxing property.
- Wes Haskett and Cliff Ogburn are refusing to comply with the Town Code of Ethics, including obeying North Carolina criminal laws and should be immediately terminated from their positions in Southern Shores government.
WES HASKETT FALSIFIED NOTIFICATION REQUIREMENTS TO AUTHORITY
TOWN CODE SEC. 36-414(b) WAS DELETED FROM NOTIFICATION LAWS
The attached email proves that Wes Haskett falsified records to the Police Chief, Town Mayor, Town Manager and Town Attorney by removing Sec. 36-414(b) which states notice must be posted at effected properties of proposed zoning amendments. Wes Haskett did not notify effected properties and intentionally refusedto tell the current owner of 75 E. Dogwood Trail about the proposed lot width change during 1 month's of emailed correspondence from May 1, 2023 until June 1, 2023, during which time the previous owner who had the house listed for sale as a property Southern Shores said was possibly subdividable negotiated an additional $75,000 for the sale price and a $5000 due diligence deposit from current owners.
WES HASKETT INTENTIONALLY DOWN-ZONED SUBDIVIDABLE PROPERTY
SOUTHERN SHORES HAS REDUCED PROPERTY VALUE BUT NOT TAXES
Public records indicate Southern Shores did not notify Dare County Tax Department that they intentionally down-zoned lots that could have been sub-divided by right to lots that were not subdividable by right. Refusing to reassess property taxes substantiates tax fraud being committed by Southern Shores. Southern Shores intentionally did not properly notify homeowners of down-zoning changes they were making that competent municipal employees understand reduces land value. What Southern Shores did was the equivalent to the Federal Reserve secretly changing the value of a $1 bill to 75 cents when the American people could have converted their $1 bills to (4) 25cent quarters prior to changing value so the American people would not be stolen from by their government.
SOUTHERN SHORES TAX DOLLARS ARE BEING ILLEGALLY SPENT
LAW DOES NOT PERMIT ATTORNEYS TO HELP FALSIFY RECORDS
The attached document proves Southern Shores has spent at least $3747 for matters related to the denied 75 E Dogwood Trail lot sub division (and a total of $131,812.48 since 7/1/2022). Wes Haskett and the town attorney have repeatedly claimed to have properly notified property owners and even provided current owners of 75 E. Dogwood Trail fraudulently misrepresented zoning code Sec. 36-414. Motion to amend through Sec. 36-415 by deleting Sec. 36-414(b) which requires notification signs at effected properties in addition to published notice in the newspaper (the email is dated May 21, 2024). Wes Haskett's email dated May 21. 2024 falsifying notification requirements to the property owner, Police Chief and Mayor violates law and proves Wes Haskett is unable to fulfill his job obligations with morale, using applicable law.
Wes Haskett's decision to spend $3747 of Southern Shores money on an attorney to try and justify his use of unenforceable, illegally adopted zoning codes substantiates a crime itself as he clearly was unable to do anything but continue his deception with falsified records.
unenforcable, illegally adopted zoning codes are being used
FILING A VARIANCE EXPOSING SOUTHERN SHORES CRIMES IS NEXT
Wes Haskett denied the 75 E. Dogwood Trail lot subdivision at 75 E dogwood trail property and filing for a variance and public hearing is the next step
233 N Dogwood Plat Change Approved By WEs Haskett on 7-21-16
W/Proof Haskett claimed there's no records of the creation
Wes Haskett claimed Southern Shores did not have records of the creation of 233 N. Dogwood Trail and (2) adjacent 0 Dogwood Trail lots but a 2nd public records request indicates Wes Haskett signed the 233 N. Dogwood Trail plat on 7/21/16 without the lot meeting width requirements.
WHALEY FUN RETURNS LLC
75 E. Dogwood Trail, Southern Shores, NC 27949
Copyright © 2024 Outerbankshomeimprovements.com , Whaley Fun Returns LLC (Whaley Fun Returns) & Heaven Scent Landscaping & Property Maintenance
- All Rights Reserved.
Powered by GoDaddy Website Builder
This website uses cookies.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.