TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED ZONING BOARD OF ADJUSTMENT MEETING

FEBRUARY 9, 2006

MINUTES

Members Present: Chairman Jay Ring, Phil Wight, Connie Dennis, Torry Pinter and Dean Tomlinson

Members Absent: Garrett Anderson and Ron DeSimone

Staff Present: Planning Director Nathan Clark and Town Clerk Vickie Best

Others Present: Jason & Tyla Moody, Cheryl Lamberth, and Rembert Amick

Meeting Called to Order

Chairman Ring called the meeting to order at 5:01 p.m. in the Town Hall Boardroom.

Approval or Correction of Minutes: January 12, 2006

MS. DENNIS MADE A MOTION TO APPROVE THE MINUTES OF

JANUARY 12, 2006 AS PRESENTED.

MOTION CARRIED UNANIMOUSLY.

Rembert Amick: Variance Request

Mr. Amick is requesting to encroach into the setback to build a small storage shed. The issue was tabled from the January meeting until all Board members could visit the site.

Chairman Ring, Mr. Clark, and Ms. Dennis visited the area and took measurements. Ms. Dennis reported that all the lots are non-conforming due to size. The trees to the rear of the property define the property line. There are no normal setback patterns established.

Chairman Ring concurred, adding that a 10’ x 12’ building/shed would work in the area. Mr. Amick could have storage and still keep some light and ventilation between his home and the shed. There is 16.5 feet from the house to the property line.

Mr. Amick stated that he would be happy with an 8’ x 10’ shed.

Mr. Clark got no response from the neighbor after sending a written notice and leaving two detailed messages on the answering machine.

MS DENNIS MADE A MOTION TO GRANT THE VARIANCE FOR A 10’ X 12’ SHED TO BE BUILT EIGHT FEET FROM THE HOUSE OR THREE FEET FROM THE SIDE OF THE HOUSE AND THE SHED IS TO HAVE LOG SIDING TO MATCH THE AREA.

MR. WIGHT SECONDED THE MOTION.

MOTION CARRIED.

(See Attached )

Jason Moody: Zoning Approval

Mr. Moody desires to open a snowmobile track for children. Snowmobiles are not listed as a permitted use in the Commercial 1 District, thus the reason for coming before the Zoning Board of Adjustments.

Under oath, the following statements were provided.

The proposed business will be located next the to BBQ Shack across Highway US-19 from Tony’s Tube World. The BBQ Shack will sell tickets and provide restrooms and parking for the snowmobile patrons. Ms. Lamberth and Mr. Moody have worked out an amicable agreement that will benefit both businesses.

There is a 125-pound weight limit on the snowmobiles. The machines are governed not to exceed 7 miles an hour. There will be no more than six snowmobiles on the track at one time. Ms. Moody, a teacher for underprivileged children, brought several students to ride the snowmobiles. With the standard safety features, the special needs children had no problem operating the machines. If you let off the gas the machine stops. If you were to fall from the snowmobile, the “handcuff” cuts the machine off.

Mr. Pinter had concerns about the noise. Patricia Tilley, the Planning Board Chairman, and a neighbor to Mr. Pinter, had concerns about the track being just across Jonathan Creek from her home. Mr. Pinter stated that the snow blowers from the Tube World could be heard outside his home, but not from within.

Mr. Moody explained that he could “get by” with as little as six-inches of snow, where as the Tube World needs ten-feet. Mr. Moody anticipates making snow approximately 35 nights during the entire season. The track would close no later than 10:00 p.m. and would open later on Sundays, after church services.

The Board members assembled in the front yard to see one of the snowmobiles and to test the sound with a decibel meter.

The Board members reconvened to the Boardroom, where Mr. Pinter asked to be excused because of the proposed location to his and Ms. Tilley’s home. Mr. Pinter stated that he did not want any related problems with the Valley Creek Run Home Owners Association.

Ms. Lamberth stated that she could not hear the snow blowers from inside the BBQ Shack.

The Tube World runs five snow blowers, while the snowmobile track will use one snow blower. The noise ordinance would apply the same as any business where noise is a factor.

MR. TOMLINSON MADE A MOTION TO APPROVE THE CONCEPT OF A SNOWMOBILE TRACK. THE BUSINESS MUST COMPLY WITH ALL TOWN AND COUNTY ORDINANCES AND A WRITTEN CONTRACT PRODUCED BETWEEN THE BBQ SHACK OWNERS AND MR. MOODY.

MR. WIGHT SECONDED THE MOTION.

MOTION CARRIED.

MR. WIGHT MADE A MOTION TO EXCUSE MR. PINTER FROM VOTING.

MS. DENNIS SECONDED THE MOTION.

MOTION CARRIED.

Chairman Ring directed Mr. Clark to complete the Finding of Facts.

(See Attached)

ON MOTION OF MR. WIGHT, THE MEETING ADJOURNED AT 5:49 P.M.

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Chairman Jay Ring

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Vickie Best, CMC, Town Clerk