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

Board of Adjustment Meeting Recap: Historic Preservation and Flood Mitigation at 5 All Souls Crescent

The City of Asheville Board of Adjustment convened on March 23, 2026, in a quasi-judicial hearing at City Hall to address administrative matters and a significant flood variance request. The meeting, governed by state law and city ordinances, primarily focused on balancing the need for flood mitigation with the preservation of historic character within Biltmore Village. The meeting was conducted as a public hearing, ensuring transparency and opportunity for citizen engagement, though no residents ultimately chose to participate.

The central issue of the meeting revolved around a request from Josh Scala for a variance at 5 All Souls Crescent (PIN: 964-779-2712). Scala’s property, a contributing structure within the Biltmore Village Historic District, sustained substantial damage due to flooding. To repair the historic building, Scala sought a variance from current flood protection standards that would require elevating the structure by six and a half feet. Urban Planner Sam Starbaum presented the case, explaining that the estimated repair cost exceeds 50% of the property’s assessed value, qualifying it as "substantially damaged" under city regulations. Staff recommended approval of the variance, arguing that strict adherence to current flood regulations would significantly alter the building's historic architectural integrity. As Sam Starbaum noted, “Strict adherence to current regulations would necessitate raising structures significantly, impacting their architectural integrity.”

Following Starbaum’s presentation, the Board considered the request. Notably, there was no public comment or testimony from residents regarding the variance, despite an invitation for expert input. The Board unanimously approved Scala’s flood variance request, subject to seven staff conditions detailed in the presentation. This decision reflects a commitment to preserving Biltmore Village’s unique historic character while addressing flood mitigation concerns. The vote, requiring a four-fifths majority, demonstrated broad support among Board members for finding a balance between these competing priorities.

Looking ahead, Josh Scala will now work with city staff – including Alex Cole, Nancy Watford, and Derek Wainscott from Public Works/Floodplain Administration – to ensure compliance with the approved staff conditions. The variance will also be documented for flood reporting purposes, ensuring proper record-keeping and adherence to state regulations. While the meeting lacked public participation, the Board’s unanimous decision underscores the importance of flood variances in preserving Asheville's historic neighborhoods and demonstrates a willingness to adapt regulations when necessary to protect architectural heritage.