Town of Maggie Valley

Special Called Zoning Board of Adjustment Meeting

May 17, 2006

MINUTES

 

Members Present:         Chairman Jay Ring, Torry Pinter, Ron DeSimone, Garrett                                                          Anderson, Dean Tomlinson, and Connie Dennis

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

Others Present: Representatives of Clark & Leatherwood Construction Company

 

Meeting Called to Order

Chairman Ring called the meeting to order at 5:22 p.m. in the Town Hall Boardroom.

 

Variance Request: 70 Soco Road

Chairman Ring explained the necessity of having the Special Called Meeting for a height variance requested by Clark & Leatherwood Construction Company on behalf of the Quality Inn.

 

A variance requires approval by 4/5 vote. The Zoning Board first heard the variance request on April 13, 2006 whereby the variance request only passed by majority vote due to a full board not being present.

 

At the April 13, 2006 meeting, members questioned the ownership of the Quality Inn and made a motion to approve the variance based on proof of ownership.

 

Mr. Clark, under oath, explained there was an amendment to the purchase agreement that he, at the previous meeting, was unaware. The purchase agreement contract commenced in 2004, with a three-year period extended to April 29, 2007. Mr. Wade Reece has contractual interest, but not ownership.

 

Mr. Tomlinson, the opposing vote at the April 13 meeting, asked that the minutes reflect the reasons for his opposition.  

 

As prescribed by the Maggie Valley Zoning Ordinance all seven conditions must exist. Mr. Tomlinson questioned the application of the following sections:

 

1306.3 A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

 

1306.6 The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

 

Chairman Ring felt the request was about aesthetics, rather than use or profit.

 

The conversion is possible with the flat roof, but for Maggie Valley, as a whole, it would be more appealing as the gateway to Town with a pitched roof.  The motel sits in a hole off US-19.  While sitting at the US-276/ US-19 red light, cars are eyelevel with the third floor of the motel.

 

Mr. Tomlinson felt the variance would make the project more marketable, in turn more profitable.

 

All Board members agree the change in roofline would make the property more appealing. Mr. Tomlinson felt that if an ordinance amendment is needed, it should be addressed through the Planning Board, rather than by variance.

 

Ms. Dennis’s concerns were regarding ownership, not roof height.

 

Mr. Reece has a stake in the Quality Inn, but not ownership.

 

The members discussed how to enforce the appropriate conditions when making the motion to grant the variance.

 

MR. WIGHT MADE A MOTION TO GRANT THE VARIANCE CONTINGENT ON OWNERSHIP WITHIN SIX MONTHS FROM TODAY. THE SIX MONTHS IS ALL INCLUSIVE FOR CHANGE OF OWNERSHIP AND PULLING A BUILDING PERMIT.  THE SIGN MUST BE REMOVED WITHIN 30-DAYS OF THE ISSUANCE OF A BUILDING PERMIT.

MS. DENNIS SECONDED THE MOTION.

MR. PINTER, ANDERSON, AND CHAIRMAN RING VOTED IN THE AFFIRMATIVE.

MR. TOMLINSON OPPOSED.

MOTION CARRIED BY 4/5 VOTE.

 

Chairman Ring asked that the minutes reflect the unusual topography of the property that is not of the owners making.

 

Chairman Ring asked that the Finding of Facts be presented at the next Zoning Board of Adjustment Meeting. Director Clark will e-mail the Finding of Facts to the board members to assure clarity.

 

Director Clark will place the classification of residential use within a commercial district on the May 31, 2006 Planning Board agenda for discussion.  

 

Approval or Correction of Minutes:

CHAIRMAN RING MADE A MOTION TO APPROVE THE MINUTES OF MARCH 9, 2006

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED.

 

MS. DENNIS MADE A MOTION TO APPROVE THE MINUTES OF APRIL 13, 2006 AS PRESENTED.

MR. DESIMONE SECONDED THE MOTION.

MOTION CARRIED.

 

APRIL 21, 2006 WAS A CONTINUATION OF THE APRIL 13 MEETING

 

Other Business

Mr. DeSimone will be moving into the corporate limits of Maggie Valley within the next few weeks.

 

It was the consensus of the board to ask that Mr. DeSimone be appointed as a full member.  The members will continue to seek ETJ members.

 

ON MOTION OF MR. WIGHT, SECONDED BY MS. DENNIS, THE MEETING ADJOURNED AT 6:08 P.M.

 

 

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 Chairman Jay Ring

 

 

 

 

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Vickie Best, CMC, Town Clerk