Town of Maggie Valley

Continued Board of Aldermen Meeting

November 17, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Mark DeMeola

Phil Aldridge

Staff Present: Manager Bob Shepherd, Planning Director Kevin Byrd, and Town Clerk Vickie Best

Others Present: Sonja Michels

Mayor Pinter called the meeting to order at 1:10 p.m.

Excerpt from November 16, 2004 minutes:

ON MOTION BY ALDERMAN DEMEOLA, SECONDED BY ALDERMAN TAYLOR THE MEETING RECESSED UNTIL 1:00 P.M. FOR THE FOLLOWING DAY TO MEET AT THE FESTIVAL GROUNDS.

MEETING RECESSED AT 8:30 P.M.

Council along with Mr. Michels walked the area looking for the logical placement of a directional sign.

The Zoning Board of Adjustment previously granted Ms. Michels a variance to place a directional sign contingent on the Aldermen allowing the sigh on the right-of-way. Due to the State of North Carolina declaring the amortization of signs unlawful without compensation, there was discussion regarding Ms. Michels’ existing off-premise sign.

Excerpt from Zoning Board of Adjustment Minutes dated August 11, 2004

Request for a Variance for a Directional Sign- Sonja Michels

Under oath, Ms. Michaels provided the following history of events.

Since the first event to take place at the festival grounds, customers of Creekwood Village have had difficulty finding the entrance to Ms. Michels’ cabins. To help alleviate the problem a banner was purchased by the town to place on the fence during events directing Ms. Michels’ customers to her rental cabins.

Ms. Michels states that there was never a problem with the directional banner until the new board took office.

Aldermen Aldridge and Higel told Ms. Michels to put the banner up during events and then to remove it immediately after. Manager Buffkin was directed to move the banner. The banner disappeared and a police report was filed. The banner was then found behind the town hall.

Three months ago, Ms. Michels went before the Board of Aldermen asking for help to do away with the confusion of guests trying to find her cabins. Alderman Taylor suggested naming the street Creekwood Lane that veers to the right after entering the front entrance. The town did nothing about renaming the street.

Street names must be submitted to Haywood County Addressing for approval.

Ms. Michels felt a regular size street sign would not be sufficient with all the traffic and confusion during festivals.

Ms. Michels then came before the board of aldermen again and was directed to come before the Zoning Board of Adjustment.

There is a thirty (30) foot deeded right –of- way coming in at the existing entrance, going around behind the Comfort Inn and then down around by the Crider property to the rental cabins.

Mr. Mackey felt Ms. Michels has the right to use her deeded right-of-way. Chairman Ring agreed adding that the rental cabin business was there prior to the festival grounds and there was no confusion then.

The Town of Maggie Valley zoning ordinance prohibits banners being used as directional signs.

Mr. Mackey questioned if Ms. Michels could put a wooden sign on the right-of-way.

The right-of-way is for egress/ingress only.

The board then discussed Ms. Michels placing a sign in front of the fence on two posts.

Another hardship was created when the chain-link fence was erected. Now because of the fence and the overgrown shrubs located behind the Comfort Inn, two cars cannot pass. Chairman Ring informed Ms. Michels that she has the right to cut the shrubs off her right-of-way.

The town fence is encroaching on the right-of-way.

Chairman Ring reiterated the problem. The town created the problem after locating the festival grounds adjacent to Ms. Michels’ property and changing the right-of-way. The board felt Ms. Michels needed a directional sign.

MR. MACKEY MADE A MOTION TO APPROVE A TWO BY SIX FOOT DIRECTIONAL SIGN SHOWING PEOPLE HOW TO GET TO HER PROPERTY.

MR. WIGHT SECONDED THE MOTION.

MOTION CARRIED.

The Board agreed that the sign should be eye level in height.

Ms. Michels will need to get permission from the Board of Aldermen to place a directional sign on the festival ground.

After receiving the permission from the aldermen on where to locate the sign, Ms. Michels will be required to get a sign permit.

The sign will say Creekwood Village with an arrow pointing to the road.

Mr. Wight came back to the board after talking with Ms. Michels and stated that an amendment to the motion was needed. “The sign can be there as long as the town owns the property.”

Chairman Ring stated that this board did the right thing in granting the variance, now the aldermen can determine the time frame.

End of Excerpt

ALDERMAN TAYLOR MADE A MOTION NOT TO ALLOW A SIX-FOOT SIGN.

Motion died for a lack of a second.

ALDERMAN DEMEOLA MADE A MOTION NOT ALLOWING A TWELVE-FOOT SIGN IN THE TOWN OF MAGGIE VALLEY’S RIGHT OF WAY.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

Alderman Aldridge suggested the town having something written on the backside of the sign and the town sharing the cost.

Ms. Michels prefers six-inch letters but would accept three- inch if necessary. The sign will be rustic looking with CREEKWOOD VILLAGE written with an arrow pointing down the right-of-way.

Alderman Aldridge left the meeting unexcused at 2:00 p.m.

ALDERMAN TAYLOR MADE A MOTION THAT THE SIGN SHOULD NOT EXCEED FOUR AND ONE HALF FEET.

Motion died for a lack of a second.

After further deliberation, the following motion was made.

ALDERMAN DEMEOLA MADE A MOTION TO ALLOW A SIGN UP TO FIVE SQUARE FEET IN THE TOWN OF MAGGIE VALLEY’S RIGHT-OF-WAY AT THE FESTIVAL GROUNDS WITH THE BOARD OF ALDERMEN’S APPROVAL ON DESIGN AND THE PLACEMENT WILL BE NO LESS THAN A 45 DEGREE ANGLE FROM THE PITCH OF US-19 WITH NO MORE THAN THREE INCH LETTERING TO BE LOCATED AT OR ABOUT BOARD APPROVED LOCATION.

ALDERMAN TAYLOR SECONDED THE MOTION ADDING THAT MS. MICHELS WOULD BE RESPONSIBLE FOR ANY ASSOCIATED COST.

MOTION CARRIED UNANIMOUSLY.

Ms. Michels will be required to sign a Hold Harmless Agreement.

ON MOTION OF ALDERMAN TAYLOR, SECONDED BY ALDERMAN DEMEOLA THE MEETING ADJOURNED AT 2:35.

________________________________________

Jo Pinter, Mayor

_______________________________________

Vickie Best, CMC

Town Clerk