Town of Maggie Valley

Regularly Scheduled Zoning Board of Adjustment

June 9, 2005

MINUTES

Member Present: Chairman Jay Ring, Phil Wight, Torry Pinter, Garrett Anderson, Connie Dennis

Staff Present: Planning Director Kevin Byrd and Town Clerk Vickie Best

Others Present: Approximately 14 people attended.

Meeting Called to Order

Chairman Ring called the meeting to order at 5:10 p.m. in the Town Hall Boardroom.

Approval or Correction of Minutes:

February 10, 2005

April 14, 2005

May 12, 2005

Chairman Ring asked that the following corrections be made to the February 10, 2005 minutes.

After speaking with his attorney, Chairman Ring will address Council. There were questions among the members James Hannan questioned if this was a political move to get certain approvals.

While working with the Maggie Valley Resort Campbell Mountain Estates project the conflict became apparent. The Zoning Board would be granting variances and approving plans.

Ms. O’Keefe agreed, adding that the planning board meetings are very professional. The Board voted unanimously to wait until the council members rule on zoning. Ms. O’Keefe felt Chairman Ring was attacking the planning director without cause. stated that Chairman Ring was acting like a bulldog. The ordinances are in conflict but it has nothing to do with politics. The town cannot afford to loose another planner. Ms. O’Keefe suggested bringing in people from the Institute of Government for training for all boards.

Chairman Ring felt it was the principal of situation and took it as an insult.

Chairman Ring was arguing only on the principal of the situation.

Chairman Ring asked that the following be added to the February 10, 2005 minutes.

Ms. O’Keefe stated that in her opinion that Chairman Ring was acting like a bulldog. She felt that I was attacking the Planning Director. Chairman Ring apologized to the Planning Director if he had acted like a bulldog. Chairman Ring thanked Brenda O’Keefe for her comments upon her leaving.

It was determined that the Zoning Board of Adjustment could ultimately have a conflict by having to grant a variance to a proposed subdivision and after granting a variance would then turn around and approve the subdivision. It was agreed that it would be better to relinquish subdivision approval back to the planning board to avoid a perceived conflict of interest.

Chairman Ring asked that the following addition be made to the May 12, 2005 minutes.

Mr. and Mrs. Sizemore want to build a duplex above their business, Homes and Hide-Aways. Chairman Ring has done some plans and estimates for the Sizemore family.

There are no signed contracts or an exchange of money between Mr. Sizemore and Mr. Ring.

Mr. WIGHT MADE THE MOTION TO ACCEPT THE MINUTES AS CORRECTED.

MR. ANDERSON SECONDED THE MOTION.

MOTION CARRIED.

Appeal of Code Enforcement Officer: Steve Ledford: Teague’s Gas and Grocery Sign

The Planning Director informed the Board that the sign stands 30’ 9” high.

The issue was tabled until the regularly scheduled meeting July 14. This will be the last opportunity for this subject to come before the Zoning Board of Adjustment as an appeal.

Mr. Anderson felt Mr. Ledford should be notified about the actions being taken on the non-compliant sign next to his business.

The permit for the restaurant sign, at the Quality Inn, was issued under the guidance of the previous manager. It is clearly in error that the permit was issued.

Chairman Ring discussed the difficulty the Zoning Board members endure when the town is enforcing the ordinance for one business and not for the neighboring business.

Mr. Pinter felt all signs should be brought into compliance without exception. “The one sign was issued a permit by mistake. The Town should admit their error and move forward.”

Mr. Byrd explained that the cases are different because Mr. Ledford appealed the Code Enforcement Officer’s decision. The owners of the Quality Inn did not respond to the violation notice, so fines are being assessed.

Leatherwood Cottages: Planned Unit Development

The Clerk swore in Mr. Redmond.

Mr. Byrd explained that the Planning Board approved Mr. Redmond’s request in July 2004 with the condition that plans be submitted, ordinance requirements met, and sewer/water installed before December 1, 2004. The deadline has passed and no plans have been submitted, sewer and water is partially installed, therefore the matter must come before the Zoning Board of Adjustment per ordinance requirements. Progress is being made, and the project has not changed since the Planning Board gave approval last July. Currently the sewer line is installed on the Western portion of the property with the Eastern side to be installed at a later date.

After the plan is approved, the applicant will be able to record the plat and sell the units.

The plat meets the requirements for a PUD.

The Board reviewed the map for Leatherwood Cottages. The shed located at the rear of the area crosses the property line. The neighbors will work out this problem.

The walls are made of concrete. The fire trucks have access to the entire area. The Maggie Valley Fire Department has and will continue to serve the cottages.

While discussing the limited area between structures, Mr. Anderson reminded the Board that Market Square has apartments above the businesses.

Mr. Leatherwood has talked with the insurance company and there are no problems with the individual homeowner to get insurance.

Mr. Wight, a neighboring business owner, does not oppose Mr. Redmond’s request for a PUD.

The units were built in the fifty’s and early sixties and continue to remain almost maintenance free due to the concrete structure.

The common area will be maintained through homeowner dues. Mr. Leatherwood will be responsible for ground maintenance until the units are sold.

The setback between buildings will need to be accepted as they stand.

MR. WIGHT MADE A MOTION TO APPROVE LEATHERWOOD COTTAGES AS A PLANNED UNIT DEVELOPMENT.

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Mr. Redmond will remain in the home located on the property.

MR. DESIMONE MADE A MOTION TO ADJOURN.

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED.

The meeting adjourned at 6:00 p.m.

Chairman Jay Ring Town Clerk Vickie Best, CMC