Town of Maggie Valley

Regularly Scheduled Zoning Board of Adjustments Meeting

January 13, 2004

MINUTES

Members Present: Chairman Jay Ring, Jim Mackey, Andy Taylor, and Philip Wight

Members Absent: Jessie Ketchum and Larry Dubuke

Staff Present: Manager Scott Buffkin, Code Enforcement Officer Tim Henson and Town Clerk Vickie Best

Others Present: Tony Waddell, owner of Tony’s Tube World

Meeting Called to Order

Chairman Ring called the meeting to order on Tuesday January 13, 2004 in the Town Hall Boardroom at 5:35 p.m.

Approval or Correction of Minutes – December 9, 2003

MR. MACKEY MADE A MOTION TO APPROVE THE MINUTES OF DECEMBER 9, 2003 AS PRESENTED.

MR. WIGHT SECONDED THE MOTION.

MOTION CARRIED.

Flood Prevention Ordinance

Included in the agenda packets, the Zoning Board members reviewed the proposed Flood Prevention Ordinance consisting of FEMA’s minimum standards.

The members noted no problems and understood that variances may not be granted on flood plain issues.

Request from Tony’s Tube World – Tony Waddell

Before testifying before the board, the clerk administers the oath to Mr. Waddell.

Code Enforcement Officer Henson issued a non-compliance order to Mr. Waddell for violating Section 604.1 of the Maggie Valley Zoning Ordinance. Kim’s Café opened at Tony’s Tube World operating out of a food trailer.

Section 604.1 reads all businesses shall be conducted in permanent buildings that meet State and local building codes. Business may not be conducted in temporary or portable structures or in manufactured homes or vehicles.

Mr. Waddell can correct the violation in sixty days. This would provide enough time to finish out the tubing season and build a permanent structure before the 2004/05 season.

Mr. Waddell assured the board that no one intended to circumvent the ordinance. “If the owner of the café had been directed to go see the zoning officer we would have known.”

Mr. Waddell again assured the board that he acknowledges the trailer is not in compliance but is only asking for time to rectify the situation.

Mr. Taylor asked if anyone came to town hall to see if the food trailer was an allowable use.

Mr. Waddell explained that when a business license from the town was applied for and obtained, the only questioned asked was, “Is this a permanent structure?” The response was yes because the food trailer is hard-wired for electric, sewer, and water. A building permit was not issued although a permit was acquired from the Health Department.

Chairman Ring felt the right questions were not asked through the front office.

Mr. Wight asked if Mr. Waddell’s intentions were to make the trailer a permanent structure.

Mr. Waddell responded no.

Mr. Mackey felt that no one was trying to evade the law. “If a variance were granted, it would not be indefinite.”

Manager Buffkin informed council that a special or conditional use permit could not be issued because conducting business out of temporary structure is a violation. The board could consider granting a stay on the fines.

Mr. Waddell will write a letter stating that he will correct the violation within sixty days.

Mr. Wight suggested giving Mr. Waddell a deadline to meet or begin fines.

Chairman Ring reminded the board that if they grant a stay on the fines for Mr. Waddell anyone coming before the zoning board in a similar situation would be treated in the same manner.

Mr. Taylor asked that the town take measures to keep this type of situation from happening again.

Chairman Ring agreed and went on to say that Mr. Waddell should not be punished because the Town made a mistake.

Mr. Waddell reassured the board that he would have a permanent structure built by next season.

MR. MACKEY MADE A MOTION TO GRANT A STAY ON THE FINES FOR SIXTY DAYS (60) THEN MOVE THE TRAILER FROM THE PREMISES.

Mr. Wight asked that a permit be required for the electrical because it is a commercial use.

MR. TAYLOR SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Manager Buffkin asked for clarification. “If something were to happen would the fines be retroactive from notification or begin today.

The fines will begin today January 13, 2004.

Mr. Waddell thanked the board for their consideration and left the meeting.

Mr. Taylor again went back to the situation with Mr. Waddell and the avenues that can be taken to avoid these mistakes. “Someone needs to go on site.” Mr. Mackey concurred.

This would not have happened if a building or zoning permit had been obtained.

Other Business

Chairman Ring asked for input on having educational meeting when there is no business to discuss at the monthly meetings. At their appointment, each member received a notebook with information entitled Citizen Planner Training Program published through the Institute of Government. There are also video tapes available specially designed for Boards of Adjustment. “We want to be as educated as possible”.

Chairman Ring questioned Manager Buffkin on the results of the Aldermen’s Retreat, and if there is any information the Zoning Board members need to know.

The council members’ retreat is still in process.

Manager Buffkin reported the Council has asked that plans go to the Planning Board for review to approve construction, landscaping, and parking within the Commercial 1 district. Council also discussed not granting variances in incidents where the violation is already in place.

Chairman Ring had some concerns about the board getting into “subjective verses objective”.

If Council decides to make the discussed changes, a public hearing and an amendment to the zoning ordinance would be required.

Cozy Corner Motel

The Zoning Board members still have concerns about granting a variance for a carport/storage area and Mr. Klebba opening a retail shop.

It was the consensus of the board that Mr. Klebba would not have received a variance if he had been forthright with his intentions.

The Board asked Mr. Henson to contact Mr. Klebba and ask him to come before the board at the next regularly scheduled meeting.

Mr. Wight asked Mr. Henson to find out if the floor is pored in concrete and if there are overhead lights.

ON MOTION BY MR. WIGHT, AND SECONDED BY MR. TAYLOR THE MEETING ADJOURNED AT 6:23 P.M.

__________________________________________

Chairman Jay Ring

ATTEST:

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Vickie Best, Town Clerk