SMITHFIELD - An antique-auto restoration business won the split-vote approval of County Commissioners last week, despite the protests of neighbors who said the shop didn't suit their residential neighborhood.

In early 2009, Steven Kelly Strickland, 51, and his son, Steven, 22, moved to Freedom Road and started construction on a large workshop and a combination garage and house, which they planned to use to do body and paint work on antique cars. About 15 cars, including a 1967 Mustang and a 1933 Rolls-Royce, have passed through their garage doors since then, the father and son said.

But their neighbors, the Godwins, were unhappy to see an auto shop pop up next door. They filed a complaint with the county in late May of 2009, saying the Stricklands were operating a business in a residential zone.

The issue came to a head last week, when commissioners considered the Stricklands' application for a commercial zoning.

"This is just not an appropriate location, period, for business use," lawyer Bob Spence Jr. argued on behalf of the Godwins. "It is a business use; it is an intense business use; it is going to damage the property value."

He also argued that the Stricklands had started their business knowing that they were flouting the zoning rules.

In a later interview, the elder Strickland said that though he and his son invested $250,000 in the land and buildings, they did not apply for a rezoning because it was just "a hobby" at first.

"You mess with old cars, and it sort of evolves," he said at the meeting. Both Stricklands found more time for cars after their construction work dropped off in 2008. Their auto-body work typically includes sanding, body restoration and sandblasting.

"Everybody's got dreams-- we've always messed with old cars," the elder Strickland said.

George Godwin, a neighbor, said the Stricklands' hobby was a serious bother. "I'm just concerned about the paint, the smells, the noise, the value of my property," he said.

Rachel Godwinsaid she was worried about her 6-year-old's breathing problems. "We can't say for sure that it's the paint in the air and all that," she said. "I'm just concerned."

The dispute between the Godwins and Stricklands began as soon as the Stricklands started construction on the land they had just bought.

Early in the process, a county inspector discovered an unpermitted single-wide trailer on the Godwins' land while he was making an official visit to the Stricklands'. The inspector also found that a pipe was releasing grey water from the Godwins' property onto the Stricklands' land. The county eventually had the Godwins remove the trailer.

The Godwins filed a complaint about the Stricklands soon after, and the county served the Stricklands a violation notice in June of 2009. In September, the Stricklands temporarily shut down the business, according to county records.

They filed for rezoning late in 2009; by the time the case reached the commissioners this month, county staff had recommended approval while the Planning Board had recommended denial.

The debate before the board brought up another side of the story: The Godwins keep a large pile of scrap siding in their yard to sell for profit.

"I'm surprised he ain't up here complaining about yours," Chairman Wade Stewart said.

Official reactions

Board members were split in their opinions of the case.

"I don't think it's consistent use in a residential area," said Commissioner Allen Mims. "The [Godwins have] got a mess, they've got a violation ... but two wrongs don't make a right."

Commissioner Jeff Carver said he didn't like the number of cars on the Stricklands' property. Spence claimed the Stricklands sometimes kept a dozen vehicles; on a recent visit, a reporter saw about five vintage cars in the Stricklands' buildings.

"That's a lot of different cars, a lot of use," Carver said. "This came in as a complaint, and from all I can tell, they've lived here for only two years, and we're bending over backwards," he said later.

The board approved the rezoning by a 4-3 vote, with Mims, Carver and Tony Braswell dissenting, but the debate continued as commissioners considered a special-use permit for the shop. Eventually, the board shortened the business's proposed hours of operations, having them end at 6 p.m. instead of 9 p.m. on weekdays and reducing weekend hours.

The board approved the special-use permit 6-1, with only Mims dissenting. "I think it's basically spot zoning, and it's not in harmony with the neighborhood," he said.

At the meeting, Stewart said he was sympathetic to the Stricklands because he too had worked on cars in his youth. "I saw it much like a young man and his dad's racecar shop," he said. "My neighbors didn't care, had the lights on, grinders going 'til midnight -- that's the way I envision this thing."

Stewart also sided with the Stricklands because he did not see the business as an extensive commercialization of the area, he said later.

The Godwins may choose to appeal the decision to the courts. They could also face some county enforcement of their own; once the planning and zoning staff finishes the Stricklands' case, they will file a zoning violation against the Godwins because of the scrap business the family runs from its yard, said planner Kevin Sigmon.