Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Variance topic
No spam. Unsubscribe anytime.
Maggie Valley Zoning Board denies developer request to allow wells after final plat in Linson Ridge
Summary
The Town of Maggie Valley Zoning Board of Adjustment unanimously denied on April 17 a variance that would have let future buyers in the Linson Ridge subdivision install private wells after final plat approval, finding the developer had not demonstrated the hardship required by the subdivision ordinance.
The Town of Maggie Valley Zoning Board of Adjustment voted unanimously April 17 to deny a developer’s request to let future buyers in the Linson Ridge subdivision (off Destination Drive) install private wells after final plat approval, citing the town’s subdivision ordinance and a lack of demonstrated hardship.
Town Planner Sam Cullen told the board the variance request seeks to relax the ordinance requirement that utilities be installed prior to final plat approval. Cullen said a prior 2021 approval allowed installation of three private wells while reserving sewer connections; for this phase the applicant is asking that future lot owners be permitted to install wells themselves rather than the developer installing them prior to final plat. Cullen noted no perc tests have been conducted for the affected lots and that sewer capacity for the lots is reserved regardless of whether houses are ever built.
Joann Lyons, the property owner’s appointed agent, told the board the developer had purchased five Maggie Valley Sanitary District (MVSD) taps but that "the owner purchased 5 MVSD taps but was left with the 3 lots needing wells due to inability to be serviced by the MVSD water." Lyons said requiring well installation before final plat imposes additional grading, driveway cutting and drilling costs that make the phase financially difficult and could hinder saleability of the lots.
Board members pressed on feasibility and protections for future buyers. Member Jim Heise asked whether perc tests were performed and whether buyers would want guaranteed water access before purchase; Charlotte Ruiz noted her prior experience that perc tests determine house placement. Planner Cullen said a shared community well had been discussed with the owner but was rejected by the developer, and that spring water permits are not an option within the municipal boundary.
After reviewing the application and the four required findings of fact, the board concluded the applicant had not shown the necessary hardship and that granting the variance would not uphold the ordinance’s intent to protect end users. Charlotte Ruiz moved to deny the variance; Jim Heise seconded. The motion carried unanimously.
The board then addressed routine items, including a reminder about a May 7 training class. The meeting adjourned at 6:21 p.m.
