Maggie Valley Zoning Board upholds notice of violation for Reuben Branch garage; 3–2 vote

The Town of Maggie Valley Zoning Board of Adjustment voted 3–2 on June 18 to uphold a zoning administrator’s notice of violation for a 25‑by‑25 garage at 102 Reuben Branch Road, finding the structure encroaches into required R‑1 setbacks and leaving the homeowners the option to comply or appeal to Superior Court.

Planning Director Noah Taylor told the board the town issued a zoning permit Oct. 6, 2025, for the metal garage but later determined the building encroached into required setbacks after a site visit. "Actual front setback — 22 feet and 3 inches — and actual side setback — 4 feet and 9 inches," Taylor said, adding that his measurements were approximate and not a licensed surveyor's. The town issued the notice of violation May 1, 2026, and the homeowners appealed on May 9.

Homeowner Dane Creed said he obtained the permit, consulted his Spring Lake Estates homeowners association and relied on HOA guidance when siting the garage. "I thought I got all my permits and I followed exactly what she said to do," Creed told the board, saying county footer inspections were performed and permits show inspection and closure. Neighbor Roderick M. Evans said he did not object and noted the adjacent lot is largely unbuildable.

A resident, Gwenn Hafford, urged strict enforcement, saying that allowing the encroachment would invite further violations. "If you let him do it and give him permission then who else is going to come along and say, ‘you did it for him, you’ve got to do it for me too,’" Hafford said.

Board members discussed the source of confusion: the town adopted a new Unified Development Ordinance in 2022 that set a 25‑foot front setback for R‑1, while HOA guidelines and older site maps led the homeowner to believe smaller setbacks applied. Board member Jim Heise emphasized that "ignorance is no excuse of the law," and Director Taylor told the board he will require site visits for future permanent‑structure permits to prevent similar conflicts.

Board Member Shelly Clement moved to repeal and revoke the zoning administrator’s decision — which would have allowed the garage to remain — but that motion failed on a 2–3 vote. Vice Chairman Amber Patterson then moved to uphold the zoning administrator’s decision; the motion, seconded by Jim Heise, passed 3–2.

The board’s action means the homeowners must either move or remove the garage to meet the UDO setbacks or pursue an appeal to North Carolina Superior Court. Planning Director Taylor told the homeowner the office can provide guidance on appeal procedures. With no further business, the board adjourned at 6:21 p.m.

Public documents entered as evidence included the issued zoning permit (Oct. 6, 2025), the town’s notice of violation (May 1, 2026), the homeowners’ appeal (May 9, 2026), an email chain discussing setbacks and the Town of Maggie Valley UDO (referenced in staff materials).