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Dealership's appeal delayed, Ewart resigns
By Carey King
Members of Sylva's zoning board agreed Tuesday (Dec. 14) to wait until January to decide how much green space a used car dealership needs.
In July, town Zoning Administrator Jim Aust cited Performance Motors for its black and silver streamers and lack of landscaping at the intersection of West Main Street and Business 23.
Owners Russ and Bill Cagle appealed, but the zoning board Dec. 7 upheld one of Aust's decisions, saying the streamers must come down. Members decided to postpone a ruling on the landscaping until this week, with Chairman Larry Nestler telling the Cagles he hoped some sort of compromise could be worked out.
Just in time for the zoning board meeting, Cagle attorney Diane Sherrill submitted an application for a variance on the town's landscaping requirements, which mandate a 10-foot buffer along the highway and a 5-foot space along the dealership's line with adjoining property.
Board members, however, decided to deal with the two issues – the appeal of Aust's decision, plus the variance request – after the holidays By holding off on issuing a judgment about the appeal, Nestler said, Sherrill would not be able to immediately make good on her threat to take the matter to Superior Court.
"I think forcing the issue in court is just going to be expensive," he said. "I'd rather save the town money."
Aust urged board members to go ahead and issue a ruling.
"The whole goal of the appeal is to determine if I applied the ordinance correctly. Is there a landscape buffer there? That's what this is all about. Y'all are judging me," he said.
Nestler said that applying the landscaping rules will be more complex than dealing with the car dealership's streamers.
"The sign issue was a different story. Either they're up or they're down," he said. "This is a little muddier."
At issue is a definition of "parking area," since such a space requires a landscaping buffer.
"We're claiming it's a parking area and they're claiming it's their sales floor," said board member Mike Beck.
Also to be discussed is the 5-foot buffer required along borders with adjoining property. While the Cagles do lack such a space, they also are the owners of the lot next to theirs.
"I don't know if that's a variance issue or an issue with the ordinance," Nestler said.
Board member Lee Ewart agreed with postponing the decision until the group's Jan. 25 session, but said he wouldn't at the meeting.
Instead, he submitted his resignation.
"I plan to ride and travel and fish for the next year," he said.
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