TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED ZONING BOARD OF ADJUSTMENT MEETING

JANUARY 12, 2006

MINUTES

Members Present: Chairman Jay Ring, Phil Wight, Torry Pinter, Dean Tomlinson and Connie Dennis (5:05 p.m.)

Staff Present: Manager Tim Barth, Planning Director Nathan Clark, and Town Clerk Vickie Best

Others Present: Three people

Meeting Called to Order

Chairman Ring called the meeting to order at 5:00 p.m. in the Town Hall Boardroom.

Approval or Correction of Minutes: December 8, 2006

MR. PINTER MADE A MOTION TO APPROVE THE MINUTES OF DECEMBER 8, 2006

MOTION CARRIED UNANIMOUSLY

Rembert Amick: Variance Request

Mr. Amick wishes to build an accessory shed on his property located at 55 Shirdash Drive. The parcel is 0.11 acres (7696-37-5441). The proposed location of the shed would extend to his property line, eliminating his side yard setback. The surrounding parcels are even smaller. No other neighbors have sheds.

Because of size, the lots in the area are non-conforming. The Zoning Ordinance was previously amended to allow lots of record.

Under oath, Mr. Amick explained his position. There is approximately 18 to 20 feet between his house and the property line. He would like to construct a 10 x 12 foot storage shed. Mr. Amick cannot park in the parking area provided for the cabin units because a space was not purchased with the cabin; thus forcing him to park beside his home.

Chairman Ring asked that the issue be tabled until the February 9, 2006 meeting to allow the members to visit the site. There are a number of factors involved; an on-site visit would be beneficial.

Kyle Edwards: Variance Request

Mr. Edwards is requesting to build a deck within the twenty-five foot creek bank buffer at his property located in Country Club Estates (7697-20-9954).

Under oath, Mr. Edwards provided the following information. The house has been pushed to the back of the property away from the creek. In order for the house to conform to the surrounding homes, a deck is needed in the front. The stream is not considered a trout stream. The surrounding homes are under Haywood County’s jurisdiction and have a nice front porch/ deck to enjoy the stream.

Mr. Clark recommended approval. The other homes in the area are closer to the stream than Mr. Edwards is requesting.

Chairman Ring has been to the site. There is approximately four feet in the rear of the house before reaching the bank. A sewer pump station is within the four feet. Any overflow from the creek would go to the other side of the road.

Mr. Edwards will be asking for the same variance for lots 5 & 6.

MR. WIGHT MADE A MOTION TO GRANT THE VARIANCE TO INCLUDE COVERED DECK AND OVERHANG FOR 10.5 FEET.

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED.

Mr. Tomlinson asked that each statement in the Finding of Facts be able to stand-alone. In the Finding of Facts, number 6, wording will be added to include that granting the variance will allow this home to be in keeping with the neighborhood.

ON MOTION OF MR. TOMLINSON, SECONDED BY MS. DENNIS, THE MEETING ADJOURNED AT 5:55 P.M.

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Chairman Jay Ring

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Vickie Best, CMC, Town Clerk