Board of Adjustment (In-Person) (Mar 23, 2026)

Meeting Overview On March 23, 2026, the City of Asheville Board of Adjustment held an in-person meeting to address administrative matters and hear a request for a flood variance. The agenda included the approval of minutes from the previous regular meeting, the introduction of a new board secretary, and a public hearing regarding a property in the Biltmore Village Historic District.

Key Decisions The board took two formal votes during the session. First, the board voted to approve the minutes, findings of facts, and conclusions of law from the February 23, 2026 regular meeting; this motion passed with a 4-0 vote. Second, the board voted on the variance request for the property at 5 All Souls Crescent. The motion to approve the variance in accordance with the staff conditions outlined in the presentation passed with a 6-0 vote. Additionally, the board formally appointed Phoebe Probst as the new Secretary for the Board of Adjustment.

Discussion Highlights Chair Suzanne Godsey opened the meeting by outlining the Board of Adjustment’s role as a quasi-judicial body governed by North Carolina General Statutes and the Asheville Unified Development Ordinance (UDO). She emphasized the importance of adhering to legal standards and relying on competent evidence during hearings.

The primary discussion centered on a flood variance request from applicant Josh Scala for the property at 5 All Souls Crescent (PIN 9647-79-2712). Urban Planner Sam Starbaum presented the case, noting that the property sustained substantial damage from flooding, with repair costs estimated at $194,666 against a building value of $308,000. Starbaum explained that because the property is a contributing structure within the Biltmore Village Historic District, it qualifies for a flood variance. He detailed that fully elevating the building to meet current FEMA flood standards (six and a half feet) would significantly alter its appearance and historical integrity. The variance allows the property to comply with flood standards "to the maximum extent practicable" while preserving its historic character. Starbaum also outlined the standards for granting the variance, including whether the hardship is peculiar to the property and consistent with the spirit of the law. The applicant intends to restore the property to its pre-flood retail use as a cannabis/CBD dispensary.

Community Input No public comments or expert testimony were offered during the meeting.

Follow-ups The transcript summary does not record any specific follow-up actions explicitly agreed to by a board member or staff member during the meeting. However, the presentation noted that the applicant will need to work with city staff, including Alex Cole, Nancy Watford, Derek Wainscott, and the Public Works/Floodplain Administrator, to ensure compliance with the seven staff conditions attached to the variance approval.

Impact This decision allows for the restoration of a historic building in the Biltmore Village Historic District that was damaged by flooding. By granting the variance, the board enabled the property owner to proceed with repairs that balance flood mitigation requirements with the preservation of the structure's historical character, which would have been compromised by full elevation to current flood standards.