Town of Maggie Valley

Zoning Board of Adjustment

March 9, 2004

MINUTES

Members Present: Chairman Jay Ring, Larry Dubuke, Phillip Wight, Andy Taylor and Jim Mackey

Staff Present: Manager Scott Buffkin, Building Inspector George Bage, Code Enforcement Officer Tim Henson, and Clerk Vickie Best

Others Present: Bruce McLavey, Curtis and Denny Klebba, Alderman Linda Taylor and Mayor Jo Pinter

Meting Called to Order

Chairman Ring called the meeting to order at 5:35 p.m. on Wednesday March 9, 2004 in the Town Hall Boardroom.

Cozy Corner Motel: Curtis Klebba

Chairman Ring explained to Mr. Klebba that he was granted a variance on setback so that the carport could encroach on the side yard setback. Mr. Klebba also had a signed letter from the neighboring property owner stating that they had no objections. Using the carport to sell antiques was never addressed. The zoning ordinance requires business to be conducted out of a permanent structure; therefore any remaining issues will be handled through the code enforcement officer and the building inspector.

Mr. Klebba apologized for any misunderstanding. Mr. Klebba went on to state that he would like to have one garage sale a month and open for special events taking place in town. Mr. Klebba will move the sign from the structure.

Mr. Ring again stated that the code enforcement officer would handle those issues.

Bruce McLavey- Signage to Sell Puppies

Mr. Henson previously spoke with Mr. McLavey about a small orange sandwich style sign placed in the Stompin’ Grounds parking lot reading puppies for sale. The sign is prohibited by the zoning ordinance.

The sign has been removed but Mr. McLavey is appealing Mr. Henson’s decision.

Mr. McLavey stated that he has one or two litters of puppies each year. Mr. McLavey only uses the sign during those times. Mr. McLavey paid $85 for the sandwich board sign.

Article 6 Section 5 of the Zoning Ordinance reads:

“A-Frame” or sandwich board signs which are placed on or near sidewalks or roadside curbs. This category shall be interpreted to include A-Frame signs which indicate prices of commodities or services, or specific products or services offered on the site.

Mr. Wight asked if a temporary sign permit could be issued.

Section 6 of Article 5 reads:

Banners and temporary signs are allowed only by city permit, and are not to exceed twenty-four (24) square feet. No more than six (6) permits with a duration of seven (7) days each shall be issued for the same location for any 12 month period. Only one banner may be displayed per business, per permit issued.

The “A-Frame” sign is strictly prohibited as stated in Article 6 Section 5.

The state right of way varies all along US-19. Mr. Henson reported that he must call NCDOT regarding the placement of any sign along Soco Road.

Mr. Henson had questioned Mr. McLavey about the selling of puppies being his main source of income. If this were a kennel type situation Mr. McLavey would be allowed to have a primary sign.

Mr. McLavey questioned what the definition is for “on or near the sidewalk”. Mr. McLavey offered to place the sign farther back in the parking lot.

Chairman Ring questioned if Mr. McLavey could obtain a business license as a kennel.

Mr. McLavey would need to have a building to be used as a kennel.

Mr. Mackey suggested Mr. McLavey advertise in the Iwanna (a sell and trade newspaper).

The Board reviewed the sign ordinance for any options that might be available to Mr. McLavey. Mr. Taylor again directed the board’s attention to Article VI number 5. The location and type of signage is not allowed.

Mr. McLavey named several signs throughout town that would be considered illegal.

Chairman Ring again questioned why Mr. McLavey could not use another type of signage and apply for a temporary permit.

Mr. Mackey suggested Mr. McLavey get with the code enforcement office and see what can be worked out about a temporary sign.

Chairman Ring concurred reiterating the time frame. No more than six (6) permits with a duration of seven (7) days each shall be issued for the same location for any 12 month period.

Finding of Facts

The Board of Adjustment members received information pertaining to their position on the board and the requirements thereof.

The board of Adjustment asked that the Clerk begin submitting a “Finding of Facts” for each request presented.

Rules of Procedure for the Issuance of a Variance

Chairman Ring felt it very beneficial to adopt and use the RULES OF PROCEDURE FOR THE ISSUANCE OF A VARIANCE. This would be good for the petitioner and the board because an outline is provided for both parties. The petitioner would be required to provide more details. Mr. Henson will also be asked to have a presentation prepared for each meeting with each request.

It is the consensus of the Board of Adjustment to begin using the new document entitled RULES OF PROCEDURE FOR THE ISSUANCE OF A VARIANCE.

Fee Schedule

A fee schedule was adopted setting a fee for coming before the Zoning Board of Adjustments requesting a variance, special exception, and a conditional use permit. The Code Enforcement Officer should charge for plat review as well.

The board asked that the staff charge all applicants the adopted fee.

Manager Buffkin addressed the board stating difficulty sometimes arises when someone appeals the Code Enforcement Officer’s decision and must wait until the next scheduled board meeting to be heard. The violation remains with little repercussions.

In the court of law, appeals stop whatever action takes place until after the appeal is settled.

The Board discussed having fines retroactive in the event the appeal is denied. Mr. Dubuke questioned the legality of such actions.

The issue would need to be researched even though the Zoning Board of Adjustment sits as a Quasi-judicial board.

Chairman Ring agreed that the system could be used giving the example of the gentleman with the sandwich board sign. If the sign had remained up long enough waiting to come before the board, the puppies could have all been sold thus there would be no need to have the sign until the next litter.

Both Mayor Pinter and Alderman Taylor had concerns about the extent the zoning board goes to grant variances.

Chairman Ring stated that the board is here to help the town’s people.

Mayor Pinter questioned the seven days to remove the sign. Portable signs are easily removed and seven days seems to be too long. “It seems unfair to other citizens abiding by the sign ordinance”.

Alderman Taylor had concerns about sub-contractors being allowed to have signs on site while under construction.

Mayor Pinter asked that the zoning board review the sign ordinance and make suggestion to the planning board. Mayor Pinter also informed the board members that a web page is under construction and hopefully before long all of the ordinances will be available for public view.

The board directed Manager Buffkin to check the legalities of retroactive fining petitioners.

The Board then discussed the manufactured home located at the Meadow Lark Motel. A variance was granted months ago and nothing has been done. Mr. Henson will contact Mr. McElroy.

There being no further business to discuss, on motion by Mr. Wight, seconded by Mr. Dubuke, the meeting adjourned at 6:35 p.m.

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Jay Ring, Chairman

ATTEST:

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Vickie Best, CMC

Town Clerk