Town of Maggie Valley

Special Called Zoning Board of Adjustment

November 18, 2004

MINUTES

Members Present: Chairman Jay Ring, James Hannan, Larry Dubuke, and Phil Wight

Staff Present: Planning Director Kevin Byrd and Town Clerk Vickie Best

Others Present: Gary Ayers of Alison Outdoor Advertising and Kevin Alford representing Linson Ridge Subdivision.

Meeting Called to Order

Chairman Ring called the meeting to order at 3:25 p.m. on Thursday November 18, 2004 in the Town Hall Board Room.

Request for Variance: Alison Outdoor Advertising

On behalf of Alison Outdoor Advertising, Mr. Ayers is requesting a variance to remove and replace the billboards within Maggie Valley’ s Extra Territorial Jurisdiction located in the wetlands area of parcel 7696-57-4425 located at 254 Soco Road.

Under oath, the following testimony was provided.

Evlee Corporation, which owns and leases the property to Alison Outdoor Advertising want to have the signs located toward the end of the property rather than in the center to provide better access to the remaining area. The existing and proposed signage will be NCDOT permitted.

The existing signs and proposed signage is non-conforming; exceeding the size and height limitation. The proposed signs would be 24 x 24 square feet.

The signs have been located in this area for a very long time and will need new poles installed within the next two to three years. The signs were installed before Maggie Valley adopted a sign ordinance.

With less cluttering, the area would be more appealing esthetically if a variance were granted; but the use is prohibited. The board members agreed. Under new legislation, the town would be required to purchase the signs if Alison Outdoor Advertising were forced to remove the signs.

The proposed uni-pole signs would be angled in such a manner that they can be read from both directions. NCDOT does not allow signs to be stacked. Alison Outdoor Advertising would consider putting “thanks for visiting Maggie Valley” or something of that nature on the backside of the sign as people are leaving the valley.

Although Mr. Hannan had a clear understanding of Mr. Ayers’ dilemma and the need to appease the landowner, Mr. Hannan felt there were no choices but to remain within the guidelines of the ordinance.

There are less than a dozen billboards within the corporate limits and granting a variance would eliminate a couple more. Mr. Ayers explained that Alison Outdoor Advertising rarely asks for a variance anywhere, but to please the property owner, a variance would be required. Mr. Ayers informed the board that a compromise could be achieved on the size.

Chairman Ring again stressed the esthetics of getting some of the cluttering of signs removed. Mr. Wight would like to see a letter from the landowners stating that he would like the signs relocated.

Chairman Ring asked the clerk to put the issue on the next agenda.

Request for a Variance: Linson Ridge Subdivision: Road Grade/ Standards

Mr. Byrd explained that the grade of phase three will exceed 18% but does not exceed 21%. The developer has exhausted all options for accessing the property. The road would not be maintained by the town. After reviewing the area, the public works director agrees that requiring the road to meet town standards would create a hardship. The proposed road and grade would be the least intrusive manner possible.

Under oath, the following testimony was provided.

The members were concerned about future development and the assumption that road grades, such as this, are acceptable.

Mr. Wight stressed to Mr. Alford that this variance, if granted, would not apply or set precedence for future development.

The road will be 30 feet in width at the base; while 18 feet will be paved. The ditch line will be rip-wrapped and heavy stone added. There will be sediment ponds with 4-12 inch stone.

Mr. Alford explained that when roads are push into mountainsides at a steep grade, the fill dirt begins to become the slope on the lower sections.

Mr. Alford was questioned about the erosion control plan.

Ditch blocks (silt checks) to slow water; will be in place every fifty feet.

MR. WIGHT MADE A MOTION TO GRANT THE REQUESTED VARIANCE BASED ON THE FINDING OF FACTS AND MR. BYRD’S RECOMMENDATION.

MR. DUBUKE SECONDED THE MOTION.

MOTION CARRIED.

Election of Chairman

MR. DUBUKE MADE A MOTION TO APPOINT MR. RING AS CHAIRMAN

MR. WIGHT SECONDED THE MOTION.

MOTION CARRIED.

The Board will elect a vice-chairman at the next regularly scheduled meeting.

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Jay Ring, Chairman

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Vickie Best, CMC

Town Clerk