Board of Adjustment

waives fine in pruning case
By Cara Kelly
Special to the Watauga Democrat

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The Boone Board of Adjustment heard arguments concerning violations and variances of aesthetics regulations at its monthly meeting Thursday.

Unified Development Ordinance (UDO) Section 363, which regulates the aesthetics of commercial and residential areas of Boone, became a highly debated topic, as two adjacent property owners defended their positions before the board for nearly two hours.

Ralph Leonard, owner of a business condo suite located on New Market Boulevard, filed an administrative review application concerning three outdoor storage containers located in the parking lot of the neighboring business, Sears. Viewed as an eyesore by Leonard, the shipping containers were found to be in compliance with the ordinance by the development coordinator and town staff. Leonard petitioned the board, claiming the containers were not properly screened, out of view or in a proper location, according to the ordinance.

Leonard admitted to have a personal stake in the location of the containers, stating potential clients are deterred from the unsightly metal storage units.

“When potential buyers come, they want to know how much and when those shipping containers will be gone,” Leonard said, requesting the board to overturn the town staff’s decision that the containers were permitted to stay in their current position.

Following Leonard’s presentation, the floor was opened for public comment. Land owner Dana Clawson and Sears owner Jim Hagelston presented their cases before the board made a final decision.

After 30 minutes of intense debate, board member James Milner made a motion to disapprove the staff decision. The motion did not pass with a vote of 4-4.

The second case heard by the board proved more successful, with a unanimous vote of approval. Summit High Country Investments LLC, was granted a variance to the same ordinance, allowing for the construction of a new recyclables Dumpster at the Boone Heights Shopping Center.

Lastly, the board evaluated an administrative review filed by the owner of the WilcoHess station on East King Street. The property owner was charged a $7,400 fine for over-pruning 16 trees surrounding the gas station under UDO section 369.

The fine was ultimately waived, however, the board required that three of the trees be replaced immediately and three be replaced following the completion of the N.C. Department of Transportation road-widening project at the owner’s expense.