Town of Seven Devils
Board of Adjustment
Regular Scheduled Meeting
August 27 – 5:30 p.m.
Call to Order
The meeting was called to
order at 5:30 pm by Chairman Richard DeMott.
Other board members present were David Hooper, Kathy Copley, Kay Lambert,
George Ehlinger, Loren Williams and alternate member Lois Dodson. Absent and excused was member Bill
Wilkinson. Also in attendance was
Zoning Administrator Don Fulkerson. Town
Clerk Karen Daniels recorded the minutes.
Chairman DeMott welcomed all
in attendance, introduced himself and all the Board of Adjustment members to
the audience.
Chairman DeMott stated the
Board of Adjustment is quasi-judicial in nature and that all people speaking,
other than Board members, would need to sign in and be sworn in.
The
Town Clerk requested that all people wishing to give testimony sign in. She then requested they stand and raise
their right hand. The people wishing to
give testimony were then sworn in.
Approve Old Minutes
Chairman DeMott suggested the
Board schedule a future date to approve the minutes from the regular scheduled
July 23, 2007 meeting and the August 6, 2007 continuation meeting. The Board discussed dates to reconvene and
approve the minutes.
Member Hooper made a motion
that the Board of Adjustment reconvene on Friday, August 31st at
5:30 pm to approve the minutes from the regular scheduled July 23, 2007 and the
August 6, 2007 continuation meeting.
Member Williams seconded the motion.
The members agreed unanimously.
Chairman DeMott asked the
Zoning Administrator to report on the appeal of Sasha and Grace Bubanja.
The Zoning Administrator
stated "On Monday, July 9th I was alerted to a tree cutting
that had occurred on Saturday, July 7th at 145 High Cliff
Circle." The Zoning Administrator
explained he investigated and found a violation to Section 8.9.3.2 of the Seven
Devils Zoning Ordinance which states that no person, firm, organization,
society, association, corporation, or any agent or representative thereof shall
directly or indirectly destroy or remove any live trees in excess of six (6)
inches Diameter at Breast-Height without permission under the provisions of
this Ordinance. He stated pursuant to
Section 8.9.6 he had issued a civil penalty in the amount of $3,500 which was
$500 for seven violations to Sasha and Grace Bubanja. The Zoning Administrator told the Board he had not issued fines
for all the trees that were trimmed but only the trees that were so severely
trimmed that he considered them to be destroyed. He said, "I do not like to issue fines. I like to work with people to hit a middle
ground between tree preservation and view."
Chairman DeMott explained that
if Mr. Bubanja does not agree with the decision the Seven Devils Board of
Adjustment reaches he can appeal to the courts.
Mr. Sasha Bubanja introduced
himself to the Board. He stated he had
purchased his property around February 14, 2007. When questioned by the Board he stated he was aware of the Zoning
Ordinance and the Tree Protection Section.
He showed the Board a copy of the Ordinance he had in his possession and
said he has a general contractor and civil engineer background and deals with
building departments every day of the week.
He said he had spoken with the Zoning Administrator and the Zoning
Administrator had instructed him to let him know when he was ready to trim his
trees. The Zoning Administrator had
told Mr. Bubanja he would walk the property with him to verify if it would be
alright to trim the trees he was requesting to trim. Mr. Bubanja told the Board he did not get a tree trimming permit
and the tree trimmer had come on Saturday, July 7th when the Zoning
Administrator was not working. He said the
trees he had cut were in the power lines and he had been concerned about
liability. The Board asked Mr. Bubanja
if he had contacted Blue Ridge Electric Membership Cooperation as it is their
responsibility to cut the trees obstructing power lines. He told the Board that he did not think you
needed a permit for locust trees.
Chief Chuck Davis was asked
if he had spoken with Mr. Bubanja.
Chief Davis told the Board he had originally been called to the property
because the road was blocked. The Chief
said he had spoken with Mr. Bubanja and he had admitted to Chief Davis that he
did not have a tree removal permit but he was just topping trees and the Zoning
Administrator had given him permission to top as long as he was not removing trees. Chief Davis said some of the trees that had
been cut appeared to be larger that the Ordinance allows and he suggested Mr.
Bubanja stop cutting. He said he told
Mr. Bubanja that he would be hearing from the Town if he did not have
permission. Chief Davis said he had
tried to contact the Zoning Administrator but was unsuccessful.
The Zoning Administrator told
the Board he had not given permission to top the trees and that the Ordinance
does not exempt locus trees from the regulations.
Member Copley read 8.9.3.3 –
1) All persons desiring to prune, crop, scale or shape a protected tree shall
apply for a Tree Removal/Pruning Permit and asked Mr. Bubanja if he was aware
of this. Mr. Bubanja said he was and he
had spoken with the Zoning Administrator who had told him he could not remove
trees without a permit. He said he told
the Zoning Administrator that he had no intent to remove any trees and was told
verbally he did not need a permit unless he was going to remove trees.
Member Williams read 8.9.3.3
– 4) Trees shall not be topped.
A lengthy discussion followed and the Board reviewed Section 8.9
Tree Protection of the Zoning Ordinance.
They agreed Mr. Bubanja had a
copy of the Zoning Ordinance and by his own confession was completely aware of
the necessity of a Tree Removal/Pruning Permit.
Loren Williams made a motion that
the Board affirms the Zoning Administrators decision that Sasha and Grace
Bubanja are in violation of Section 8.9.3.2 of the Zoning Ordinance. Member Lambert seconded the motion. The members agreed unanimously.
The Board discussed 8.9.5.2 –
1) Requiring replacement of illegally removed trees with trees no smaller than
six (6') feet high and of the same type (evergreen or deciduous) as the trees
removed.
Member Copley made a motion
that the Board of Adjustment requests the Planning Board to consider the
following areas of the Tree Protection Ordinance: (1) The size of the fine, (2) Requiring replacement of trees when
violations occur, (3) Giving the Zoning Administrator the leeway to negotiate
replacement in lieu of part or the entire fine, and (4) Not allow tree trimming
or cutting on Saturdays. Member
Williams seconded the motion. The
members agreed unanimously.
CITIZEN COMMENTS
None
RECESS
At 6:47 pm Board Member
Lambert made a motion that the Board of Adjustment recess until 5:30 pm on
Friday, August 31st. Member
Williams second the motion. The members
agreed unanimously.
_____________________________ _____________________________
Richard DeMott, Chairman Karen E. Daniels, Town Clerk