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Zoning board unanimously grants 19-foot setback variance at 35 Donald Circle to allow handicap ramp
Summary
The Town of Maggie Valley Zoning Board of Adjustment on Aug. 15 granted a variance reducing the R-2 front setback from 20 feet to 1 foot at 35 Donald Circle so a homeowner can install a handicap ramp for a household member with mobility issues; the decision was unanimous.
The Town of Maggie Valley Zoning Board of Adjustment on Aug. 15 granted a variance to reduce the front setback at 35 Donald Circle from the required 20 feet to 1 foot so the homeowner can add a handicap ramp.
Town Planner Sam Cullen told the board, “The request from the property owner is for a variance to the front setback, from the required 20-foot setback for R-2 Medium Density Residential, to 1 foot which equals a 19-foot variance.” Cullen said the ramp is intended to allow a household member to access the home and cited the Fair Housing Act when explaining the legal context: “the Fair Housing Act makes it illegal to restrict concessions that would allow owners to fully access their home.” He said two neighbors had called with questions and raised no concerns, and that many houses in the neighborhood already encroach on front setbacks.
Katie Bell, identified in the record as the property owner’s daughter, testified about the household’s access needs. “My mother cannot access the house due to health issues,” Bell said, adding that “the existing steps are steep, which makes it harder for her mother to use.” She told the board that her husband will build the ramp.
After reviewing the application and reading four findings of fact, the board concluded that denying the variance would impose a hardship and that granting it upheld the ordinance’s spirit and intent. Board member David Carriker moved to grant the variance, Shelly Clement seconded, and the motion carried unanimously.
The minutes record the board’s procedural steps: no conflicts of interest were disclosed; the May 16, 2024 minutes were approved at the start of the meeting; and the board adjourned at 5:46 p.m. The transcript does not record any conditions attached to the variance or a separate timetable for construction.
Because the variance reduces a setback in an R-2 zone, it may set a local precedent for other encroaching properties in the neighborhood; town staff noted that many existing homes already encroach on front setbacks. The board did not reference a specific ordinance number in the transcript; it cited the town’s setback requirement for R-2 Medium Density Residential and the Fair Housing Act as legal context.
