The Cumberland Gap board of Mayor and Aldermen (BMA) spent a bit of time last week mulling the legalities of a forced demolition of a barn located inside the historic downtown district. Apparently, the barn is non-compliant with historic zoning codes.
Steve Crouse, who owns the structure, obtained the necessary building permit from the town, but failed to gain the Certificate of Appropriateness necessary to build inside the historic district – something he says he was not made aware of needing, prior to the issuance of the building permit.
According to the historic zone ordinances, the barn must be smaller in scale and simpler but compatible in design with the original dwelling. The ordinance also addresses the placement of the secondary structure in relation to the home.
The BMA has apparently struggled for a few months over whether to demand a resident demolish his own structure in order to stay compliant with the historic ordinances. Crouse was initially given 60 days to become compliant.
During the July meeting, the council was apparently at odds in its decision to move forward with legal action. Alderman Jerry Hopson failed to gain a ‘second’ to his motion to litigate the already obtained demolition order.
The matter came up at the August meeting, prompting another face-off.
“I’m not saying either side is wrong or right – it’s just a disagreement. But, what I’m afraid of, is we’ll just keep kicking the can down the road,” said alderman Phillip Waller.
Town attorney James Estep III said moving forward with litigation would not hamper either side from “working it out.”
Crouse, who was present at the meeting, said he was not disputing the historic issues.
“I’ve probably made some people, here, mad. But, my thing is, the town issued me a building permit and allowed me to build for five or six weeks. Now, they want me to tear it down. I don’t see that that’s fair or right,” said Crouse.
Mayor Neal Pucciarelli said there were other issues involved. Apparently, the mayor was referring to his statement during the previous monthly meeting in which he said that noncompliance now could open a can of worms when enforcing historic regulations in the future.
During the vote, aldermen Waller, Hopson and Susan Bain voted in favor of the demolition order. Aldermen Chuck Coffey and Teresa Fuson voted against the measure.
Alderman John Ravnum said that because he didn’t agree with either side, he would abstain from voting.
After more debate, the council decided to research the legalities into whether Ravnum’s ‘abstention’ qualified the results as a ‘tie vote’ or not. If it is a tie vote, the mayor would have the right to break the tie by voting in favor of one or the other side.
Apparently, the matter will be revisited during the September meeting.
During the Gap Beer Board meeting, the BMA unanimously approved a beer permit for the Pinnacle Pub, which is located inside the now defunct Gap Tap. Blake and Kayla Luck, the owners of the new business, say they will be complying with the ‘51/49’ rule, in which any establishment calling itself a restaurant must maintain at least 51 percent of its sales as food.
The couple has set age requirements as one of their policies. No one below the age of 21 may enter the premises.
Hours for the new business are Monday through Thursday, from 4 p.m. until 11 p.m., on Friday from 4 p.m. until midnight, and Saturday, from noon to midnight.
The council unanimously approved a resolution in support of the Tariffed On-Bill Energy Efficiency Finance Program – a comprehensive, voluntary program that would allow both homeowners and renters to be paid ‘up front’ for the costs of home energy improvements. The costs would then be paid back, over time, via installments added to the monthly electric bills in increments lower than the savings realized by the energy improvements.
This program is open to all county residents, who are encouraged to let Powell Valley Electric Cooperative know of your interest.
In another matter, the BMA unanimously approved the appointment of Matthew McClung for town judge. The council also approved the reinstatement of town court, to coincide with the hiring.
Angelo’s in the Gap will be hosting a Fire Station fundraiser on Sept. 11, from 5 p.m. until closing time. The entrance fee for the buffet is $15 per person.
The annual Duck Race will occur on Sept. 30, beginning at 8 a.m. with a Pancake Breakfast hosted by the Gap Fire Department. The ducks will officially set off at 9 a.m. down Gap Creek.
Due to QuickBooks price increases, the monthly convenience fee for utility bills paid with a credit or debit card will increase from 50 cents to $1 per transaction.
The next meeting of the Gap BMA will occur on Sept. 5, beginning at 7 p.m., due to the Labor Day holiday.
Reach Jan Runions at 423-254-5588 or on Twitter @scribeCP.