Sylva's zoning board nixes Smith's request to add trailers to park

By Lynn Hotaling

Members of the town's appointed Zoning Board of Adjustment denied developer Wayne Smith's application for a variance that would have allowed five additional trailers at his Broad Street park.

Though members of the zoning committee voted 3-2 to approve Smith's request, bylaws require approval of six members in order for a variance to be granted. Members Mike Beck, Karen Martar and Aubrey Tippet voted in favor of Smith's request, Chairman Larry Nestler and Lauren Calvert voted against, and Lee Ewart abstained. Member Kirk Stephens was absent.

Nestler told Smith that too many uncertainties surrounded the request to enlarge the trailer park for him to be comfortable approving it.

During discussion that preceded the vote, Sylva zoning administrator Jim Aust told zoning board members that Smith's proposed property line setbacks might be inadequate due to ambiguity regarding exactly where Smith's property line lies.

Another sticking point was the fact that there already appear to be 12 trailers in a park permitted for 10, according to Aust.

Smith's contention was that two of the trailers are not on his property, but he did not present documentation to verify his claim.

Attorney Heather Baker of Sylva law firm Coward, Hicks and Siler, who spoke on Smith's behalf, said he should be granted a variance to allow more trailers because the tract, which is zoned B-2, isn't suited for any other use.

Under Sylva's 1998 zoning ordinance, trailers are not permitted in business districts unless a variance is granted.

When Smith was granted a variance in 1998 to place 10 trailers on another portion of the tract, he intended to use the rest of the tract located behind Huddle House for a commercial business to be accessed from Broad Street, Baker said. However, after the town of Sylva's April 2000 decision to close Broad at First Charter Bank, Smith's property lacks suitable commercial access, she said.

Traffic from an additional five trailers would not significantly impact residential access from narrow Bridge Street and is preferable to the high volume of traffic that would be generated by locating a business on the property, Baker said.

Sylva town attorney Eric Ridenour voiced concerns about exposing the town to liability if more trailers add traffic to Bridge Street, a road Smith has previously characterized to town board members as unsafe.

"Wayne expressed concern about the safety of the area due to the traffic," Ridenour said. "I'm worried about the liability to the town if someone is hurt due to more traffic, since we're already on notice about safety."

Baker countered by saying that current residents are the ones in danger from business traffic at the Merita Bread Store and Sylva Auto Parts.

"I don't think five trailers increase the liability to the town," she said.

Nestler told Smith he could reapply for a variance once the ambiguities are resolved.

"You made a convincing argument that there's nothing else you can do with (the property), but I think the (zoning) board needs to be satisfied everything's in order," Nestler said.

Smith filed suit against the town of Sylva in August 2000, claiming town officials deprived him of access to property he planned to develop when they closed Broad Street. That suit ended in September when Judge Marlene Hyatt ruled town officials had acted properly in closing the street.

Though Broad Street historically was town-maintained only from its origin on West Main Street between Performance Motors and P&M Automotive to First Charter Bank, a right of way for the remainder of the street was platted around 1924. On some maps the Broad Street corridor was shown intersecting with Bridge Street, which leaves West Main between Sylva Auto Parts and the Merita store.

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