Town of Maggie
Valley
Regularly
Scheduled Zoning Board of Adjustment
August 11, 2004
MINUTES
Members Present: Chairman Jay Ring, Phillip Wight, Larry Dubuke, Jim Mackey
Members Absent: Andy Taylor
Staff Present: Planning Director Kevin Byrd, Public Works Director Mike Mehaffey and Town Clerk Vickie Best
Meeting
Called to Order
Chairman Ring called the meeting to order at 6:00 p.m. on Wednesday August 11, 2004 in the Town Hall Boardroom.
Approval or Correction of Minutes
MR. MACKEY MADE A
MOTION TO APPROVE THE MINUTES OF MARCH 9, 2004 AS PRESENTED.
MR. DUBUKE
SECONDED THE MOTION.
MOTION CARRIED.
Request for a Variance for a Directional Sign- Sonja
Michels
Under oath Ms. Michaels provided the following history of events.
Since the first event to take place at the festival grounds, customers of Creekwood Village have had difficulty finding the entrance to Ms. Michels’ cabins. To help alleviate the problem a banner was purchased by the town to place on the fence during events directing Ms. Michels’ customers to her rental cabins.
Ms. Michels states that there was never a problem with the directional banner until the new board took office.
Aldermen Aldridge and Higel told Ms. Michels to put the banner up during events and then to remove it immediately after. Manager Buffkin was directed to move the banner. The banner disappeared and a police report was filed. The banner was then found behind the town hall.
Three months ago Ms. Michels went before the Board of Aldermen asking for help to do away with the confusion of guests trying to find her cabins. Alderman Taylor suggested naming the street Creekwood Lane that veers to the right after entering the front entrance. The town did nothing about renaming the street.
Street names must be submitted to Haywood County Addressing for approval.
Ms. Michels felt a regular size street sign would not be sufficient with all the traffic and confusion during festivals.
Ms. Michels then came before the board of aldermen again and was directed to come before the Zoning Board of Adjustment.
There is a thirty (30) foot deeded right –of- way coming in at the existing entrance, going around behind the Comfort Inn and then down around by the Crider property to the rental cabins.
Mr. Mackey felt Ms. Michels has the right to use her deeded right-of-way. Chairman Ring agreed adding that the rental cabin business was there prior to the festival grounds and there was no confusion then.
The Town of Maggie Valley zoning ordinance prohibits banners being used as directional signs.
Mr. Mackey questioned if Ms. Michels could put a wooden sign on the right-of-way.
The right-of-way is for egress/ingress only.
The board then discussed Ms. Michels placing a sign in front of the fence on two posts.
Another hardship was created when the chain-link fence was erected. Now because of the fence and the overgrown shrubs located behind the Comfort Inn, two cars can not pass. Chairman Ring informed Ms. Michels that she has the right to cut the shrubs off her right-of-way.
The town fence is encroaching on the right-of-way.
Chairman Ring reiterated the problem. The town created the problem after locating the festival grounds adjacent to Ms. Michels’ property and changing the right-of-way. The board felt Ms. Michels needed a directional sign.
MR. MACKEY MADE A
MOTION TO APPROVE A TWO BY SIX FOOT DIRECTIONAL SIGN SHOWING PEOPLE HOW TO GET
TO HER PROPERTY.
MR. WIGHT SECONDED
THE MOTION.
MOTION CARRIED.
The Board agreed that the sign should be eye level in height.
Ms. Michels will need to get permission from the Board of Aldermen to place a directional sign on the festival ground.
After receiving the permission from the aldermen on where to locate the sign, Ms. Michels will be required to get a sign permit.
The sign will say Creekwood Village with an arrow pointing to the road.
Mr. Wight came back to the board after talking with Ms. Michels and stated that an amendment to the motion was needed. “The sign can be there as long as the town owns the property.”
Chairman Ring stated that this board did the right thing in granting the variance, now the aldermen can determine the time frame.
Request for a Special Exception to Locate a Residence
within the C1 District
Bruce Campbell
Under oath the following information was provided.
Mr. Campbell’s property is located off Teague’s Loop within the Town of Maggie Valley’s Extra Territorial Jurisdiction. Because of the property being located in close proximity to US-276, the area is zoned Commercial 1. Mr. Campbell currently has a home located on the large parcel but desires to place a Class A manufactured home on the property as well.
Mr. Byrd explained that Mr. Campbell needed a special exception not a variance.
Chairman Ring stated that all uses in Residential 1 and 2 districts are allowed in C1.
After clarifying that the manufactured home would be a Class A home, Chairman Ring questioned why Mr. Campbell is even coming before the Board of Adjustment.
Chairman Ring felt the town should refund Mr. Campbell the Board of Adjustment fee.
Request for a Variance to Encroach on Setback to place
a Handicap Ramp located within Stoney Ridge Subdivision- Leslie Copple
Mr. Copple is requesting to build a handicap ramp that will extend four feet into the setback. There are two handicap people living within the home. The house is raised above ground level and has no way of accessing the home from the top.
The alcove will be enclosed and a door added.
The hardship was not created by Mr. Copple.
MR. WIGHT MADE A
MOTION TO GRANT A VARIANCE ON THE SIDE YARD SETBACK FOR A HANDICAP RAMP TO BE
BUILT.
MR. MACKEY
SECONDED THE MOTION.
The ramp will be four feet wide with handrails.
MOTION CARRIED.
The Board briefly discussed getting new members to serve. If all the members are not present business cannot be conducted because of a lack of a quorum.
There being no further business to discuss, on motion by Mr. Wight, seconded by Mr. Mackey the meeting adjourned at 6:45 p.m.
_______________________________________
Jay Ring, Chairman
________________________________________
Vickie Best, CMC
Town Clerk