MINUTES
Town of
Blowing Rock
Board of
Commissioners
January 10, 2006
The Town of Blowing Rock Board of Commissioners held their
regular meeting on Tuesday, January 10, 2006 in the Town Hall Council Chambers
located at
Mayor Lawrence called the meeting to order at 7:00 p.m. and welcomed those in attendance.
Upon a motion made by Commissioner Tester, seconded by Commissioner Ball, the minutes for the December 13, 2005 meeting were approved as presented. Unanimously approved.
On behalf of the citizens of
Blowing Rock, Mayor Lawrence presented ASU Chancellor Kenneth Peacock and ASU
Athletic Director Charlie Cobb with a formal proclamation recognizing their
achievement in winning the NCAA Division I-AA Football National Championship on
December 16, 2005 with their 21-16 victory over
In recognition of the Mountaineers’ successful season and the significant role the University plays in Blowing Rock’s community, Mayor Lawrence proclaimed the 10th day of January 2006, Appalachian State University Day in Blowing Rock.
Chancellor Peacock thanked Mayor Lawrence and the
citizens of Blowing Rock for the enthusiasm and support the citizens of Blowing
Rock had shown them. He expressed his
gratitude by stating what a tremendous honor it was to receive the proclamation
from the Town of
Athletic Director Charlie Cobb thanked Mayor
Lawrence and the citizens of Blowing Rock for the honor being bestowed upon
them in receiving the proclamation. Mr.
Cobb thanked everyone for Coach Jerry Moore who was unable to attend the
meeting. Coach Moore was in
Mr. Cobb commended all 53 players and 10 coaches
involved in the championship. He stated
it was a great year not only on the field, but academically as well. (Town
of Blowing Rock Proclamation Honoring the Appalachian State University Football
Team 2005 NCAA I-AA National Championship Attached as Exhibit A)
1. CUP #2005-13 Jazzy Joe’s Restaurant
Mayor Lawrence asked those wishing to speak during the public hearing to be sworn in by the clerk. Planning Director Kevin Rothrock and Project Architect Bill Dixon were duly sworn.
Planning Director Kevin Rothrock presented a request from
Mr. Jerry Kaufman for a conditional use permit to renovate the former Los
Arcoiris building located at
Mr. Rothrock stated the existing parking lot would
be used but a few changes were proposed to the parking layout. The existing
compact spaces would be re-striped to standard spaces. The existing driveway would be limited to
one-way traffic with vehicles entering the site from the north driveway and
exiting from the south driveway. This
revised traffic pattern will have to be approved by NCDOT.
The applicable street setbacks for the property are
now 20 feet from the edge of the right-of-way.
The existing building eave is approximately 9 feet from the edge of the
right-of-way. The proposed gabled
entrance facing
The proposed north side entrance and vestibule will
encroach 1.5 feet into the 20-foot setback.
In order for the gabled main entrance and the side entrance vestibules to be constructed as proposed, the applicant was requesting a street setback waiver.
Planning
Director Rothrock stated that in order for the applicant to receive any setback
waivers or deviations, the Town Council must first vote specifically on each
finding in Section 16-189 of the Land Use Ordinance.
Commissioner Ball and Wiseman agreed the proposed
renovations would enhance the appearance of the existing building.
A motion was made by Commissioner Lentz to close the
public hearing, seconded by Commissioner Wiseman. Unanimously approved.
Mayor Lawrence called for a motion for action. Commissioner Wiseman entertained a motion to
approve CUP #2005-13 with the following changes: the 7-foot encroachment into
the 20-foot setback be reduced to 4-feet, and the recommended window grills be
required in the CUP. Commissioner Lentz
seconded the motion. Mayor Lawrence
asked for any further discussion on the matter.
Commissioner Tester felt if the setback waiver
request was approved, the town would be setting a precedent for future setback
waiver requests. He stated the town had
worked diligently with NCDOT on the proposed road widening and how they wanted
it to look and he felt with the proposed setback request, green space would be
eliminated and he was opposed to the extension into the right-of-way.
Commissioner Wiseman agreed with Commissioner Tester
to a certain extent, but felt the renovations would make such a significant
improvement to the building she was in favor of granting the setback request.
Commissioner Wiseman withdrew her original motion at
this time so that Council could proceed to vote on the items in Section 16-189
of the Land Use Ordinance, upon recommendation from Planning Director
Rothrock.
The items were as follows:
(1)
Will not materially endanger
the public health or safety; (aye-all)
(2)
Will not substantially
injure the value of adjoining or abutting property;
(aye-all)
(3)
Will be in harmony with the
area in which it is to be located; (aye-all)
(4)
Will be in general conformity
with the Master Plan or other plan officially adopted by the Board; and (Aye-
Ball, Wiseman, Lentz & Klutz -
No-Tester
4-1)
(5)
Will be in substantial
conformity with the intent of the regulations contained in this Article. (Aye- Ball, Wiseman, Lentz &
Klutz – No-Tester 4-1)
Commissioner Wiseman entertained her original motion to
approve CUP #2005-15 with the following changes: that the 7-foot setback
encroachment be limited to 4-feet only, and the applicant should be required to
add the recommended window grills.
Commissioner Ball seconded the motion. Aye-Wiseman, Ball, Lentz &
Klutz- No Tester. Motion carried 4-1. (CUP # 2005-13 Jazzy Joe’s Restaurant
Attached as Exhibit B)
2.
CUP #2002-06 Minor Amendment
– Blowing
Mayor
Commissioner Tester asked to be excused from voting on the
request due to conflict of interest, since he was a member of the Board of
Directors at
Planning Director Rothrock presented a request from
The proposed modifications would make the entrance
more
A motion to close the public hearing was made by
Commissioner Lentz, seconded by Commissioner Wiseman. Unanimously approved.
Upon a motion made by Commissioner Lentz, seconded
by Commissioner Ball, CUP #2002-06 was approved as presented. Motion carried with the exception of
Commissioner Tester. (CUP #2002-06 Minor
Amendment Blowing
Commissioner Tester re-entered the meeting at this
time.
1.
Budget Amendments
Town Manager Scott Hildebran presented Council with 4 (four) FY 2005-06 amendments for their consideration.
The first amendment was for proceeds of a
lease-purchase transaction with First Citizens Bank for funding of FY 2005-06
capital equipment. The second amendment
was for community contributions received over the holidays, a TDA wayfinding
signage reimbursement and N.C. highway safety grant proceeds. The third amendment property accounts for
drug forfeiture tax proceeds. With the
final amendment being for allotment of monies to cover the Green Hill Slide
Repair expense.
Commissioner Lentz entertained a motion to approve
the budget amendments as presented, seconded by Commissioner Tester. Unanimously approved. (2005-06
Fiscal Year Budget Ordinance Amendments Attached as Exhibit D-G)
2.
Tax Releases/Refunds
Town Manager Hildebran presented Tax Release/Refunds #111-116 in the total amount of $1,581.62 for Council’s consideration.
Pursuant to N.C.G.S. 105-381(b), the governing
board, upon receiving a taxpayers written statement of defense and request of
release or refund, shall within 90 days after receipt of such request determine
whether the taxpayer has a valid defense to the tax imposed or any part thereof
and shall either release or refund that portion of the amount that is
determined to be in excess of the correct tax liability or notify the taxpayer
in writing that no release or refund will be made.
Town Manager Hildebran stated that 6 (six) requests
met the statutory requirements for release.
A motion was made by Commissioner Tester to approve
Tax Release/Refunds in the amount of $1,581.62 as requested, seconded by
Commissioner Wiseman. Unanimously approved.
(Tax Release/Refunds #111-116
Attached as Exhibit H-M)
Town Manager updated Council on the up-set bid process for
town property located on
Commissioner Wiseman inquired if Council decided to
withdraw the property for sale, would they be able to do so. Ms. Wiseman stated she was not completely
convinced the property was not a buildable parcel and that the appraisal value
was accurate. Town Manager Hildebran
assured Commissioner Wiseman if Council chose to withdraw the property for
sale, they could legally reject any and all bids.
Town Manager Hildebran also updated Council on the
latest request from the 2006 Winterfest committee to use Davant Field for the
dogsled event. Council had no objections
to the request.
Mayor Lawrence expressed Council’s disappointment with
the resignation of Town Building Inspector John Warren, who would be leaving
the town’s employment as of February 17, 2006 to enter into a private sector of
employment.