Town of Maggie Valley

Regularly Scheduled Zoning Board of Adjustment Meeting

December 16, 2004

MINUTES

 

Roll Call

Chairman Jay Ring, James Hannan, Larry Dubuke, Phil Wight

Staff Present:  Planning Director Kevin Byrd and Clerk Vickie Best

 

Meeting Called to Order

Chairman Ring called the meeting to order at 5:35 p.m. in the Town Hall Boardroom on Thursday, December 16, 2004.

 

Approval or Correction of Minutes

 

MR. DUBUKE MADE A MOTION TO APPROVE THE MINUTES AS PRESENTED.

MR. HANNAN SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Old Business:

Billboards Alison Outdoor: Request for Variance

Alison Outdoor Advertising 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. 

 

Mr. Hannan discussed several points of interest found during his research on outdoor advertising but again concluded that a variance could not be granted and the intent of the sign ordinance upheld.

 

Mr. Dubuke concurred.

 

Chairman Ring discussed possible options. Fewer billboards would be desirable and help with esthetics entering town.  There are businesses in town that depend on these billboards for advertising, especially businesses located off US-19. A possible compromise with Alison Outdoor Advertising could help eliminate other billboards located within the corporate limits.

 

Mr. Byrd informed the board that granting the variance would be a direct conflict with off-premise advertising regulations.  Before proposing any type of compromise, an ordinance amendment addressing billboards would be required.

 

Mr. Wight concurred.

 

Chairman Ring felt the spirit of the sign ordinance is to rid Maggie Valley of billboards. By allowing the variance, billboards are eliminated and possible negotiations made on the remaining billboards like the one advertising the Mexican restaurant in the center of town. The billboards are in need of repair and are outdated in style.

 

As the sign ordinance currently reads, the existing billboards can be repaired, but not enlarged or replaced.  Legislation requires compensation if municipalities force removal of billboards.   

 

Mr. Dubuke felt the billboards would be an eyesore at the entrance of town regardless.

 

MR. HANNAN MADE A MOTION TO DENY THE APPLICATION FOR A VARIANCE.

 ACCEPT THE RECOMMENDATION OF THE TOWN PLANNER, ALISON OUTDOOR ADVERTISING MAY REPAIR THE EXISTING SIGNS MAKING THEM ESTHETICALLY ACCEPTABLE TO THE STANDARDS OF THE COMMUNITY,

MR. DUBUKE SECONDED THE MOTION.

MR. WIGHT VOTED IN THE AFFIRMATIVE.

CHAIRMAN RING OPPOSED.

MOTION CARRIED BY MAJORITY.

 

Chairman Ring reiterated that the number of signs would be decreased.  Alison Outdoor Advertising is a big company that has and will be in business for a long time.  Granting the variance would be for the betterment of the town.

 

Mr. Wight felt as a Board of Adjustment member it would not be in the “job description” to enter into contracts for the town.  The board denying the variance will eliminate two signs.

 

After further discussion, Mr. Hannan again stated that his motion to deny the request as presented remains.

 

MR. HANNAN MADE A MOTION TO ASK THE PLANNING BOARD TO EXPLORE THE CONCEPT OF RECONSTRUCTING BILLBOARDS AND BRINGING THEM UP TO PAR.  RESTATING “TO EXPLORE THE POSSIBILITY ONLY”.

 

Mr. Byrd will contact Mr. Ayers, with Alison Outdoor Advertising and explain the board’s position.

 

MR. HANNAN WITHDREW THE MOTION ON THE FLOOR.

 

New Business

Discussion on Letter from Manager to Chairman Ring

Chairman Ring took exception to the Board of Aldermen October 18, 2004 minutes.

 

The Town is currently under a probation period with FEMA due to structures being in the flood way and lost elevation data during the transition from county enforcement to town enforcement. Mr. Byrd will catalog all infractions during the winter months in an effort to bring these areas into conformance and to help alleviate the possibility of FEMA canceling the insurance program.   FEMA is still five years from re-mapping Western North Carolina. There is no mapping up Campbell Creek past the fresh water intake.

 

The Planning Board desires to implement a sediment control plan.  Enforcement would be for half an acre.  The town currently falls by default to one acre of disturbed land. Grant monies are available at a 60/40 match (town 60%).  A plan needs to be in place by mid to late November to apply for funding in December.

 

Other items that would help lessen the impact:

 

Mr. Byrd informed council that the County’s Sediment Control Plan will be discussed at the October 19th Board of Aldermen Meeting.

 

Chairman Ring addressed council at a later meeting informing them that variances are not easily granted nor does anyone turn a blind eye.

 

Chairman Ring then received a letter from Manager Shepherd.

 

November 17, 2004

Dear Jay:

            At the Board of Aldermen meeting, I was advised by an Alderman that your public statement that “a Town employee” had made statements about the proposed sediment control ordinance including that the Town needs to “stop granting variances so easily: get away from turning a blind eye” was based on the October 18th Team Building Session minutes.

            Please note that this statement in the minutes is not attributed to or quoting Kevin Byrd, Director of Planning and Development.  I have discussed what actually was said at the meeting by Kevin with Town Clerk Vickie Best and Mr. Byrd.  We concluded that what he said was only to reflect a public concern or perception that the Town was doing this, not necessarily that it was a common occurrence.  I am sure that Kevin did not say what you attributed to him based on your reading of the minutes.

            Also, I want to ask that if you have concerns of this nature, you first have a conversation with Kevin or with Kevin and the Town Manager.  As Chairman of the Zoning Board of Adjustment, you have direct access to both of us, and both of us prefer to resolve such issues quickly and with an appropriate level of involvement or non-involvement of the Board or the public.  I believe the Board, in this case, was unsure of the source of your public remarks and perhaps confused by them, as was I.

            We covet a close working relationship with you as Chairman of the Zoning Board of Adjustment and wish to keep it on a solid foundation.  Thank you for your service on this Board on behalf of the Town.

 

The Clerk and Mr. Byrd assured Chairman Ring that the statement was taken out of context.  Mr. Byrd added that he would never say or do anything to tarnish the Zoning Board of Adjustments.

 

After further discussion, it was decided that the issue would be shelved. 

 

Discussion on Outline of New Education Curriculum

At an earlier meeting, Chairman Ring asked Mr. Hannan to develop an educational curriculum for the Zoning Board members.  Mr. Hannan distributed an outline of training guidelines.  Mr. Hannan explained that these guidelines do not supersede any statues, ordinances, or policies in place. These guidelines are more common sense items such as attendance, goals and objectives, serving the community and public perception.

 

Mr. Hannan went on to add that often in government positions there are few supporters, but many critics. Hence a hardship in getting people to serve on boards. Mr. Hannan went on to commend the board members suggesting the manager or planner submit a story for the newspaper on how Maggie Valley government is developing.  There are difficult issues that need addressing that will take hard work and dedication from all. A positive article in the newspaper and devising a program that will bring people to get more involved in government will only benefit the town as a whole.

 

Chairman Ring commented on the benefits of personal contact and offered to e-mail the tax scroll to each member to begin soliciting volunteers to serve as alternates and ETJ members.

 

Chairman Ring announced that the Board of Adjustment members would now interview the candidates; then make a recommendation to the Board of Aldermen.

 

Mr. Hannan spoke on the importance of communication and the need for a unified workshop.  All boards should be here for the same reason, to better the community.

 

Election of Vice-Chair

Mr. Dubuke declined to accept the position.

 

 

MR. DUBUKE MADE A MOTION TO APPOINT MR. HANNAN AS VICE CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENT.

MR. WIGHT SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Other Business

Chairman Ring discussed the recent zoning of the Campbell Creek area.  Chairman Ring felt the R1 designation was unreasonable.  Mr. Ring added that one particular developer had vested rights and the town would be looking at a potential lawsuit in which the town would surely lose.

 

ON MOTION BY MR. WIGHT, SECONDED BY MR. HANNAN THE MEETING ADJOURNED AT 7:00 P.M.

 

 

 

______________________________________

            Jay Ring, Chairman

 

 

 

_____________________________________

          Vickie Best, CMC

Town Clerk