Town of Maggie Valley

Regularly Scheduled Zoning Board of Adjustment Meeting

July 14, 2005

MINUTES

Members Present: Phillip Wight, Torry Pinter, Larry Dubuke, Garrett Anderson, and Connie Dennis, Ron DeSimone

Members Absent: Chairman Jay Ring

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

Others Present: Steve Ledford, Pat Tilley, Dan Massey, Lynida Massey, Jo Pinter

Meeting Called to Order

MR. DUBUKE MADE A MOTION TO APPOINT PHILLIP WIGHT TO CHAIR THE MEETING.

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

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

Approval or Correction of Minutes

June 9, 2005

MR. PINTER MADE A MOTION TO ACCEPT THE MINUTES OF JUNE 9, 2005 AS PRESENTED.

MR. DUBUKE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Appeal of Code Enforcement: Sign Exceeds Height Limitation: Teague’s Grocery

Under oath, Mr. Ledford explained that due to the volume of fuel sold, BP recommends that size sign.

Mr. Pinter presented pictures of BP Signs taken in Asheville where there are height restrictions as well. Mr. Pinter went on to express the need to treat everyone equally when enforcing the zoning regulations. Several businesses have brought their signs into compliance, at great expense, since the amortization period began. This sign was installed after the amortization period ended.

Discussions have evolved regarding the neighboring business’s sign exceeding the height limitation. The Town Attorney and Code Enforcement Officer are working toward resolving the issue. The Quality Inn sign will be on the next aldermen agenda.

Mr. Anderson concurred, but felt the Eagle Shopping Center sign should have been grandfathered. Mr. Anderson incurred a lot of expense in changing the sign for his restaurant.

Mr. Ledford felt that lowering the sign would create a safety hazard for customers pulling out onto US-19.

Mr. Wight read a memo from Chairman Jay Ring.

SEE ATTACHMENT 1: LETTER FROM CHAIRMAN JAY RING

Ms. Dennis questioned if the sign ordinance was enforceable as written and if fines were being levied.

The sign ordinance is written similarly to other municipalities and fines are being imposed. The situation between the Quality Inn and Teague’s BP sign are different. Mr. Ledford appealed the Code Enforcement Officer’s decision, while the owners of Quality Inn took no action to rectify or appeal the issuance of the violation. The owners of Stone Bridge Campground have agreed to bring that sign into compliance.

Mr. Ledford withdrew his appeal and agreed to bring the BP sign into compliance.

MR. DUBUKE MADE A MOTION TO DENY THE APPEAL AND ALLOW MR. LEDFORD UP TO 60 DAYS TO COMPLY.

MR. PINTER SECONDED THE MOTION.

MOTION CARRIED.

Variance From 10-foot Rear Setback: Bill Butler: 75 Lisa Lane

The Zoning Board members reviewed the finding of facts.

SEE ATTACHMENT 2

Mr. Pinter distributed pictures of the area adding that the homeowners association and the adjacent neighbors have granted approval for the encroachment into the setback. Other homes within the development have attached and unattached garages.

The development was in place prior to being annexed into the Town.

MR. PINTER MADE A MOTION TO GRANT THE VARIANCE FOR A 16’ X 16’ OR A 12’ X 16’ GARAGE AT 75 LISA LANE.

MS. DENNIS SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

THERE BEING NO FURTHER BUSINESS TO DISCUSS, ON MOTION BY MR. PINTER THE MEETING ADJOURNED AT 5:45 P.M.

Phillip Wight Vickie Best, CMC, Town Clerk