TOWN OF MAGGIE VALLEY

ZONING BOARD OF ADJUSTMENTS

APRIL 13, 2006

MINUTES

Members Present: Vice Chairman Philip Wight, Torry Pinter, Dean Tomlinson, Ron DeSimone and Connie Dennis

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

Meeting Called to Order

Vice-Chairman Wight called the meeting to order at 5:07 p.m. in the Town Hall Boardroom.

Approval or Correction of Minutes: March 9, 2006

Mr. Tomlinson asked that the approval of minutes be tabled until the Chairman is present.

Torry Pinter: Special Exception Residential Use in C-1 Zoning District

Due to a quorum not being present to hear Mr. Pinter’s case, this item was tabled until April 21, 2006

Clark & Leatherwood: 70 Soco Road Special Exception & Variance

Conceptual drawings were included in the Zoning Board member’s agenda packets.

A height variance of six feet is being requested to accommodate for a sloped roof. This will also help hide the mechanicals. The measurements will be taken from the foundation to the highest point on the roof. Clark & Leatherwood Construction Company will begin within 90 to 120 days. The project will take between 10 and 14 months to complete. There will be 48 units. The units are being advertised and sold as single-family condominiums, not time share units.

Ms. Dennis questioned who actually owns the Quality Inn.

Mr. Wade Reece and the Petal Family will be closing on April 29, 2006.

The Quality Inn will remain open until construction begins. There is a possibility that the restaurant will remain open. The restaurant’s utilities are separate from the rest of the building. The Quality Inn Sign will be removed and an earth tone sign more in keeping with the building appearance will be installed. The new sign will be in compliance with the Maggie Valley Sign Ordinance.

As per the advice of the Attorney, the fines for the Quality Inn Sign being out of compliance can have no bearing on the requested variance.

There were some discussion about this being a remodeling project rather than a new project.

Planning Director Clark went over the finding of facts verbatim.

Mr. Tomlinson had concerns about number 6 (see attached Finding of Facts). The building could still be used without the variance.

Planning Director Clark recommended approval due to the roofline requiring the height variance being an enhancement.

MS. DENNIS MADE A MOTION TO GRANT THE VARIANCE BASED ON PROOF OF OWNERSHIP, THE NON-COMPLIANT SIGN BEING REMOVED WITHIN 30 DAYS OF A BUILDING PERMIT BEING ISSUED, AND THE NEW SIGN MEETING THE TOWN STANDARDS.

MR. WIGHT SECONDED THE MOTION.

MR. TOMLINSON OPPOSED.

MOTION CARRIED BY MAJORITY.

A special exception must be granted due the district being Commercial 1.

MR. TOMLINSON MADE A MOTION TO APPROVE THE SPECIAL USE FOR RESIDENTIAL USE WITHIN COMMERCIAL 1 DISTRICT.

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Mr. Tomlinson also asked that the Planning Board look at adding this classification to the commercial use list.

THE MEETING WAS RECESSED AT 6:15 P.M. UNTIL FRIDAY APRIL 21, 2006 AT 5:15.

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Vice-Chairman Philip Wight

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Vickie Best, CMC, Town Clerk