Town of Seven Devils
Board of Adjustment
March 26, 2007
Call to Order
The meeting was called to
order at 5:30 pm by Chairman Richard DeMott.
Other members present were David Hooper, George Ehlinger, Kathy Copley,
Kay Lambert and alternate member, Lois Dodson.
Loren Williams arrived at 5:50 pm.
Bill Wilkinson was absent and excused.
Also in attendance were the Town Manager Brad Lambert and the Zoning
Administrator Don Fulkerson. Town Clerk
Karen E. Daniels recorded the minutes.
Chairman
DeMott stated that the Board of Adjustment is quasi-judicial in nature and that
all people speaking, other than Board members, would 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.
Adopt Agenda
David Hooper made the motion
to adopt the agenda. Kay Lambert seconded
the motion. The members agreed
unanimously.
Approve Minutes -
January 22, 2007 Regular
Meeting and March 14, 2007 Special Meeting
The
members reviewed the minutes of the January 22, 2007 Board of Adjustment meeting.
Chairman DeMott noted his name needed
to be corrected on the signature line.
Kay Lambert made a motion to
approve the January 22, 2007 minutes as amended. David Hooper seconded the motion. The members agreed unanimously.
The members reviewed the
minutes of March 14, 2007 Board of Adjustment Special meeting.
Kathy Copley made a motion to
approve the March 14, 2007 Special Board of Adjustment minutes with scrivener's
error corrected. David Hooper seconded
the motion. The members agreed
unanimously.
Conditional Use Permit
Request of Mr. Ken Carter
Chairman
DeMott stated that the Board of Adjustment is quasi-judicial in nature and that
all people speaking, other than Board members, would be sworn in.
The
Town Clerk requested that all people wishing go give testimony sign in. She then requested they stand and raise
their right hand. The people wishing to
give testimony were then sworn in.
Mayor
Pro Tem DeMott introduced Ken Canter who is applying for a conditional use
permit for an eight-unit condominium complex at the address of 1267 Seven
Devils Road, also known as the Inn at Hawk's Peak.
The
Zoning Administrator stated the current use of the property is nonconforming
because the density exceeds Zoning Ordinance allowance. If the density is reduced from the current
fifteen (15) units to eight (8) and if the land calculations include property
and parking easements, the results would be within current Zoning Ordinance
requirements.
George
Ehlinger asked Mr. Canter if the Board could review the easement of the parking
properties mentioned. Mr. Canter said
this information was included in his presentation.
David
Hooper stated at the last Planning Board meeting a motion had been made that
the Planning Board recommend to the Board of Adjustments that the preliminary
plan from Canter Properties concerning the Inn at Hawk's Peak be approved as it
is compatible with the Land Use Plan. The motion carried unanimously.
Presentation by Ken
Canter, Canter Properties, LLC
Mr.
Canter stated the property is currently in a transitional zoning district. The property has previously been used as a
hotel, restaurant, night club, offices, and a fifteen-unit condominium complex
that has recently fallen into disrepair.
Mr.
Canter stated that he was requesting a conditional use permit for an eight unit
condominium complex. He further stated
that the project would not endanger the public health, safety or general
welfare of the property, the surrounding property owners, or the Town of Seven
Devils. The units are to be designed
for the comfort of a second home. They
will enhance adjacent properties, surrounding area and the mountain of Seven
Devils. They will not be imposing
additional burdens on any public improvements, facilities, utilities or
services in the area. Mr. Canter has
contacted the North Carolina Department of Environment and Natural Resources
regarding the sewer, Blue Ridge Electric and SkyBest Telephone and all these
services on the property are adequate.
Mr.
Canter stated that, unfortunately, the current owners have not been able to
maintain the structure and it is in severe deterioration with multiple safety
concerns. Also, he has been told the
current owners do not have the funds to renovate this property. It is a land mark facility and his project will
bring it back to the grandeur and nostalgic splendor that it once had.
Mr.
Canter has signed contracts with all the owners in place. There will be a homeowner association in
place before this first unit is sold to take care of the maintenance, common
and recreation areas, etc.
Mr.
Canter said that he is looking at closing on April 27th and beginning
renovations no later than June 1st.
His plan is to finish the renovations no later than 180 days, or by
November 1st.
Mr.
Canter then reviewed the parking and the survey. There are 1.2 acres attached to the condominium and 1.45 acres
attached as nonexclusive cross area parking.
There is room for eighteen (18) parking spaces around the building and
Town ordinances required only sixteen (16).
These spaces on the front and the side of the building are drawn as 10’
x 18’although the requirement is only 9' x 18'. The project also has sixty seven (67) parking spaces in that
nonexclusive cross area.
Mr.
Canter included documentation that is recorded at the Court House in Watauga
County from the Lakes Community Development Company that addresses the
nonexclusive cross area parking. This
was recorded in Book 0394. It starts at
Page 170 and the signature is on Page 179.
The actual agreement (Exhibit A) is on Page 181 which states the project
has access to those sixty seven (67) parking spaces
Mr.
Canter then presented the Board with pictures of some of his projects showing
the detail and quality of their workmanship.
Mayor
Pro Tem DeMott asked Mr. Canter what he intended to do regarding fire
protection. Mr. Canter replied that
will all be done by his architect through the Town’s Zoning Administrator. What ever is required by code will be
provided.
Kathy
Copley asked if there is an agreement for waste water treatment through Mark
Harrell's plant. Mr. Canter stated the
Inn already has an agreement.
Application of Mr. Ken
Canter for a Conditional Use Permit for an eight-unit condominium complex at
the Inn at Hawk's Peak, 1267 Seven Devils Road
The
concurring vote of four-fifths (4/5) of the membership of the Board of
Adjustment shall be necessary to decide in favor of the applicant or any matter
upon which it is required to pass under this ordinance or to effect any
variation of this Ordinance.
The
Board of Adjustment shall issue the Conditional Use Permit unless it concludes,
based upon information submitted at the public hearing, that one (1) or more of
the following is true:
Each
statement was voted upon and findings recorded as follows:
FALSE:
Unanimous
FINDING OF FACT:
The Board agreed the application is complete. Two copies of the application, scaled site plan and statement
from the applicant have been filed with the Zoning Administrator.
FALSE:
Unanimous
FINDING OF FACT:
There is no evidence that reducing the Inn from the current restaurant, lounge,
office and fifteen condominium units to an eight condominium unit will endanger
the public health, safety, or general welfare.
FALSE:
Unanimous
FINDING OF FACT:
There is no evidence that the proposed use would interfere with existing
uses on adjacent properties but would rather improve the setting of the entire
area.
FALSE:
Unanimous
FINDING OF FACT:
There is no evidence that reducing the Inn to an eight condominium unit
would impose and undue burden on any public improvements, facilities,
utilities, or services available to the area.
FALSE:
Unanimous
FINDING OF FACT:
The proposed renovation of the Inn in current disrepair will not injure
the value of adjourning or abutting property but will actually increase the value
of the adjourning property and the entire community.
FALSE:
Unanimous
FINDING OF FACT:
The proposed use is in compliance with the Comprehensive Land Use Plan
and Zoning Ordinance adopted by the Town Council.
Having
passed on (6) six of (6) six criteria, Chairman DeMott made a motion the Board
of Adjustment approve the Conditional Use permit for Canter Properties. Loren Williams seconded the motion. The members agreed unanimously.
Citizen Comments
None
Board Member's Comments
Kay
Lambert thanked Mr. Ken Canter for all the information he had provided and
stated that she believed that was why the meeting went so well.
Chairman
DeMott stated the Board of Adjustment is scheduled to meet the 4th
Monday of every month if there are matters to come before the Board and that
the Board will approve the minutes from this meeting at the next business
meeting.
There
being no other matters to come before the Board at 6:02 pm Chairman DeMott made
a motion to adjourn. Loren Williams seconded
the motion. The members agreed
unanimously.
_____________________________ _____________________________
Richard DeMott, Chairman Karen E. Daniels, Town Clerk