Town of Seven Devils

Board of Adjustment

Preliminary Conference

July 16, 2007 – 3:30 p.m.

Call to Order

The meeting was called to order at 3:30 pm by Chairman Richard DeMott. Other members present were David Hooper, Kathy Copley, Kay Lambert, George Ehlinger, Loren Williams and alternate member Ernie St. Louis. Also in attendance was Zoning Administrator Don Fulkerson. Town Clerk Karen Daniels recorded the minutes.

Preliminary Conference for Lenny Cottom, (for action at the regular Meeting, Monday, July 23^rd, 2007)

Chairman DeMott asked the Zoning Administrator to open the conference. The Zoning Administrator stated this is a preliminary conference for Ski Hawksnest. They want to build a parking area, tubing run, and establish a concession stand, ticket booth and restrooms. This land is zoned recreational however; it still requires a Conditional Use Permit for the retail sales of tickets and concessions. Also, the tubing run is an expansion of the recreation facilities they currently have.

Mayor Pro Tem DeMott addressed the Zoning Administrator and stated, you had denied their initial request and they are appealing it. The Zoning Administrator stated, initially they requested a grading permit to get started but based on the table of permitted uses, I had explained this would require a Conditional Use Permit. Lenny disagreed with my decision and appealed. However, this is not a matter of concern for this preliminary conference.

Mayor Pro Tem DeMott asked Lenny Cottom to briefly explain to the Board what he wants to do. Lenny referenced a map and reviewed his ideas for a parking lot, tube expansion, portable concession stand, ticket booth and restrooms to the Board. He noted the lighting has been changed to reflect downward away from the houses. While reviewing the parking lot, Lenny stated his intentions are to disguise the parking lot as much as possible by planting trees and he requested the Board consider not enforcing the present curbing requirements for the same reason.

An in depth discussion followed regarding fire safety, traffic safety, ecology concerns and additional water demands on the Town's water system. The Board requested Lenny provide the following information at the next Board of Adjustment meeting on Monday:

• Information on organic material used in snowmaking
• Statistics on increased use and increased traffic and how that might effect Skyland
• Runoff and erosion from the parking lot
• Increase demands to the Town water system
• How waste water will be managed
• The location of the tubing run on the topo map
• More information on the size of the buildings or "Yurts"
• Safety of the "Yurts"
• Statistics on additional customer count per season due to expansion

Board Member Copley stated if the information we requested for this conference is not adequate, perhaps we need to take a look at Section 12.3 (Procedure for Approval of Conditional Use Permits) of the Zoning Ordinance to see if the Ordinance should be amended for future Preliminary Conferences. The Board agreed to review the Ordinance.

Mayor Pro Tem DeMott asked Lenny if the Board Members could take a tour of the property to get a feel for the lay of the land and discuss the proposed changes. Lenny agreed but stated he would like to accompany the Members for any tours so he can explain the proposed changes in detail and answer any questions the Board Members may have.

Mayor Pro Tem DeMott requested Board Member Williams explain the issues, thoughts and questions he had presented to the Board for the Town Attorney to address. Board Member Williams stated the following:

· We need to make a determination that what is being proposed now is, according to the Zoning Ordinance "substantially different", from what was proposed and denied a year and a half ago.

Lenny Cottom asked the Zoning Administrator if he had presented him with all the information necessary for this Preliminary Conference. The Zoning Administrator stated, yes. The application was complete, therefore this meeting was called and your final development plan was complete in the required time line to hold a public hearing.

Chairman DeMott requested the Zoning Administrator send the application for a conditional use permit, application for appeal, and development plan for conditional use permit to the Board Members before the Monday meeting. The Zoning Administrator stated the agenda packets will go out on Wednesday and this information will be included.

Chairman DeMott stated the Board of Adjustment will be meeting again to act on this on Monday, July 23^rd at 5:30 p.m.

Adjourn

There being no other matters to be taken up at this time, the Chairman DeMott asked for a motion to adjourn. Board Member Williams made a motion for the Board to adjourn. Board Member Ehlinger seconded the motion. The members agreed unanimously. The meeting was adjourned at 4:48 p.m.

_____________________________ _____________________________

Richard DeMott, Chairman Karen E. Daniels, Town Clerk