Opinion
No. COA15–544.
03-01-2016
SUGAR MOUNTAIN SKI RESORT, LLC, a North Carolina limited liability company, Petitioner, v. VILLAGE OF SUGAR MOUNTAIN, a North Carolina municipal corporation, and Round Boys, LLC, a Georgia limited liability company, Respondents.
Roberts & Stevens, P.A., by Ann–Patton Hornthal and Wyatt S. Stevens, for Petitioner. Turner Law Office, PA, by Victoria H. Tobin, for Respondent Round Boys, LLC.
Roberts & Stevens, P.A., by Ann–Patton Hornthal and Wyatt S. Stevens, for Petitioner.
Turner Law Office, PA, by Victoria H. Tobin, for Respondent Round Boys, LLC.
Opinion
Appeal by Respondent Round Boys, LLC, from order entered 22 January 2015 by Judge Marvin P. Pope, Jr., in Avery County Superior Court. Heard in the Court of Appeals 21 October 2015.
As noted in the Board's final order signed 10 November 2014, the owner apparently first filed an application for a Zoning Ordinance Compliance Permit for the remodeling project on 31 July 2013 which was denied, then sought a variance on that date, which was also denied. The Board's final order states that the owner reapplied for a variance, also on 31 July 2013, which appears to be the request that initiated the proceedings below. However, we note that neither the 31 July 2013 Zoning Ordinance Compliance Permit application nor the first variance request are included in the record on appeal.
The Board's final order states that the Board determined no variance was needed on 13 October 2013, but, given that a Zoning Compliance Permit was issued on 7 October 2013, the Board must have determined no variance was necessary by or before that date. It is possible that the date in the final order is a typographical error intended to read 23 October 2013, the date of the Board's written memorialization of its earlier determination.