TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED ZONING BOARD OF ADJUSTMENT MEETING

JUNE 14, 2007

MINUTES

 

Members Present:        Chairman Jay Ring, Catherine Young, Connie Dennis, Phil Wight,                                      Dean Tomlinson, and Ron DeSimone

 

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

 

Others Present:            Terry & Anita Painter

 

Meeting Called to Order

Chairman Ring called the meeting to order at 5:33 p.m. in the Town Hall Boardroom.

 

Approval or Correction of Minutes: May 10, 2007

MR. TOMLINSON MADE A MOTION TO APPROVE THE MINUTES AS PRESENTED.

MR. DESIMONE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Variance Request: Terry Painter, Different Drummer Pottery

Mr. Clark provided the following information. Mr. and Mrs. Painter, owners of a Different Drummer Pottery, are seeking both a rear and side yard variance in order to enlarge storage area and his working studio.

 

Rear Yard Setback

There is an existing wooden storage building in the right rear of the parcel. Currently the building is located five feet from the property line (shared with Water’s Edge RV Park). Mr. Painter’s plans call for honoring that five foot setback while constructing the 12’x16’ addition. The addition would honor the 10 feet side yard setback with Smoky Falls Lodge.

 

Side Yard Setback

At its’ widest point the main building has a 7 feet side yard setback from Water’s Edge RV Park. Mr. Painter is seeking to build a 24’ x 20’ addition that would honor the established seven feet setback and a 16 feet rear yard setback.

 

Director Clark was in favor of granting the variance for both the side and rear yard setback.

 

Under oath, Mr. Painter addressed the Board. Mr. Painter explained that he is running out of space for both storage and working area.  Mr. Painter is now creating larger one-of- a- kind pieces. He and his wife must shuffle materials around to make space to work.

 

Chairman Ring questioned if the requested variance would be adequate especially for future needs. Chairman Ring stated that he would like to see the business remain in Maggie Valley indefinitely.  

 

The owners of the adjacent property, Water’s Edge Campground, have no problem with the encroachment. The RV’s located within the campground are parked up against the fence.

 

After reviewing a drawing of how the building addition will set on the property, the Board members agreed that now is the time for Mr. Painter to build a large enough addition to suffice.

See attachment I.

 

Mr. Painter explained that the addition would complement the existing structure.

 

MR. DESIMONE MADE A MOTION TO GRANT BOTH THE SIDE YARD AND REAR YARD SETBACK VARIANCE OF FIVE FEET FROM THE PROPERTY LINE.

MR. TOMLINSON SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Other Business

Chairman Ring asked about the variance fees being lowered, as previously requested.

 

The 2007/08 budget has the variance fees as before.

 

The consensus was the fees are too high.  The Zoning Board members felt that since they are volunteers, the fees should be lowered.  The staff is already being paid.

 

Mr. Garrett Anderson arrived at 6:01 p.m.

 

Chairman Ring explained why the Zoning Board of Adjustments granted the Painters’ the requested variance and then the excessive price the Town was charging for a variance request.

 

Chairman Ring felt that it was highway robbery.  Maggie Valley does not compare with Haywood County, Waynesville, or Black Mountain. The Board previously recommended the fee be $75 rather than $200. “Maggie Valley is a little town with a big city attitude.”  Chairman Ring will investigate to see if there is a law about setting fees. “The Town should break even, variance fees are not suppose to be extra revenue.” Mr. Tomlinson felt the charge was punitive.

 

See attachment II

Chairman Ring asked that all board members attend the next Council meeting scheduled for June 27, 2007 at 5:30 p.m. to show support while he addresses Council on the issue.

 

The members agreed to be present. Manager Barth will put them on the agenda.

 

THERE BEING NO FURTHER BUSINESS TO DISCUSS, ON MOTION OF MS. DENNIS, WITH ALL IN FAVOR, THE MEETING ADJOURNED AT 6:07 P.M.

 

 

 

 

_________________________________

         Chairman Jay Ring 

 

 

 

 

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        Vickie Best, CMC, Town Clerk