Board of Adjustment (In-Person) (Apr 27, 2026)

Board of Adjustment Approves Flood Variance for Historic Building at 6 Boston Way

The City of Asheville’s Board of Adjustment convened on April 27, 2026, in a public meeting held at City Hall. The primary focus of the meeting was a request from Mark Bidwell to obtain a flood variance for repairs needed at 6 Boston Way in Biltmore Village, a historic building currently housing LKN Cheesecakery and slated to house another bakery. The Board, comprised of Chair Suzanne Godsey, Bruce Johnson, James Warnall, Jeremy Plemons, and John Michael Cletus, ultimately voted unanimously to approve the variance request, subject to specific conditions designed to balance flood safety with historic preservation.

The discussion centered on the challenges of complying with current flood hazard reduction standards for older buildings within designated floodplain areas. Marie Taylor, Stormwater Plans Reviewer for Public Works, presented the case, explaining that extensive repairs to 6 Boston Way would trigger requirements under the Unified Development Ordinance (UDO) for full flood compliance. The Board acknowledged that strict adherence to these regulations could compromise the building's historical integrity, a significant concern given its location in Biltmore Village. Board members emphasized the quasi-judicial nature of their role, highlighting their obligation to adhere to legal standards and evidence-based decision making.

While the meeting was open to public comment, no residents or other interested parties chose to speak on the matter. The Board carefully considered the potential impact of the variance, weighing the need for flood protection against the importance of preserving a historic landmark. The approved variance allows repairs to proceed while ensuring that flood safety measures are implemented to the greatest extent possible within the constraints of historic preservation guidelines.

Following the vote, several key action items were outlined for Mark Bidwell, the applicant. He is now required to develop and submit a two-party flood action plan for pre-storm preparation. Furthermore, Bidwell must ensure that the building's HVAC and electrical systems are elevated or flood-protected to two feet above the base flood elevation, utilizing flood-resistant materials within the building to that same height. A sewer backwater preventer must also be installed, and Bidwell is required to coordinate with the city's Floodplain Administrators, Alex Cole and Nancy Wadford, to obtain necessary permits and ensure compliance with both historic preservation regulations and the National Flood Insurance Program (NFIP) requirements.

This decision impacts residents by allowing for the continued operation and preservation of a beloved Biltmore Village business while ensuring reasonable flood safety measures are in place. The Board’s approval demonstrates a commitment to finding solutions that respect both the city's historic character and its responsibility to protect residents from flood risks. The next step involves Bidwell completing the outlined action items and coordinating with city officials to ensure full compliance.