Board of Adjustment – December 16, 2024

Board of Adjustment Meeting Recap – December 16, 2024 (Reported February 24, 2025)

On December 16, 2024, the Board of Adjustment convened to address several requests related to property development and flood regulations. This meeting, documented on February 24, 2025, primarily focused on a proposed Accessory Dwelling Unit (ADU) project in North Asheville and several ongoing flood variance cases. The Board, comprised of Elliot Smith, Annette Wise, John Michael Cletus, Mike Luciano, and Suzanne Godzies, made key decisions impacting property owners and the broader community.

The most significant decision of the meeting was a unanimous vote (5-0) to grant a variance for property owners Scott and Amy Willis at 52 Lawrence Place. The Willises are seeking to convert an existing, non-conforming garage structure into a two-story ADU with a bed, kitchen, and bathroom. They also plan to add a small, covered patio. The variance addresses the garage’s current location directly on the side and rear property lines, which doesn't comply with current setback regulations. Board members engaged in a brief discussion clarifying that the project involves renovation rather than demolition and confirming access to an easement for maintenance of a neighboring retaining wall. This approval allows the Willises to move forward with their ADU project, pending standard building permit approvals.

Beyond the ADU variance, a significant portion of the meeting was dedicated to six separate flood variance applications. These cases involve properties that have experienced substantial damage and seek permission to rebuild without fully adhering to current flood regulations. City staff recommended continuing these cases until March 24, 2025, due to an ongoing legal matter concerning a property owner's "vested rights" related to a hotel redevelopment. The Board unanimously agreed (5-0) to continue these applications, ensuring that any decisions are made in alignment with legal developments. Finally, an appeal regarding the use of a property at 17 Market Street was stayed pending resolution of a vested rights determination.

During the discussions, a board member voiced hope that future revisions to the Unified Development Ordinance (UDO) will minimize the need for variance requests. City staff also raised concerns about potential misuse of flood variances, emphasizing a commitment to ensuring that any granted variances uphold public safety and align with the intent of flood regulations. This highlights a broader concern about ensuring responsible development practices within areas susceptible to flooding.

Looking Ahead:

• The Willis’s at 52 Lawrence Place can now proceed with their ADU project, subject to obtaining building permits.
• The six flood variance applications will be rescheduled for the March 24, 2025 Board of Adjustment meeting.
• The appeal at 17 Market Street remains stayed pending a legal determination.
• The next Board of Adjustment meeting is tentatively scheduled for March 24, 2025, beginning at 2:00 PM.

This meeting demonstrates the Board of Adjustment's role in navigating complex development challenges and balancing individual property rights with community interests. Residents are encouraged to review the full meeting transcript for detailed information and to stay informed about future meetings and decisions impacting their neighborhoods.