Board of Adjustment – December 16, 2024

Board of Adjustment Meeting Recap – December 16, 2024

The Asheville Board of Adjustment (BOA) convened on December 16, 2024, to address several requests related to zoning regulations. The BOA, a quasi-judicial body, operates under North Carolina General Statutes and the City's Unified Development Ordinance (UDO), ensuring decisions are based on legal standards and presented evidence. This meeting primarily focused on reviewing variance requests, which allow property owners to deviate from standard zoning rules under specific circumstances.

Key Decisions & Approvals: The Board unanimously approved several key decisions during the meeting. They approved a continuance for the case at 15 Lamb Street, postponing it to a future meeting. Most significantly, they granted variances for both 116 Tior Boulevard and 165 Delaware Place. At 116 Tior Boulevard, the Board approved a request to convert an existing garage into an Accessory Dwelling Unit (ADU). Similarly, at 165 Delaware Place, the Board approved a request to legalize an existing garage apartment that has been in use for some time. Finally, the case at 122 Riverside was continued to a later date pending information from the State Historic Preservation Office.

Discussion Highlights: Addressing Housing Needs & Existing Structures: A significant portion of the meeting centered on discussions surrounding ADUs. The Board engaged in a detailed review of the proposal at 116 Tior Boulevard, considering its size and potential building code implications. Applicant Michael Schomper explained his motivation for seeking the variance, emphasizing a desire to provide affordable housing options and potentially accommodate family members. The case at 165 Delaware Place highlighted the challenge of addressing existing non-conforming structures, with Urban Planner Tyler Kelly noting a previous application that had lapsed and the importance of ensuring compliance with current regulations. The Board also discussed a potential update to their handbook and rules of procedure regarding variance timelines, aiming for greater consistency with other municipalities.

Community Input: Limited Participation: Public participation was limited during the meeting. A neighbor of 165 Delaware Place briefly spoke, confirming the shared driveway and proximity of the proposed ADU.

Action Items & Next Steps: Following the meeting, several key actions are underway. Michael Schomper (116 Tior Boulevard) and Roger Hatfield (165 Delaware Place) will now proceed with the building permit process to legally establish or legalize their ADUs, respectively. The applicant and city staff will coordinate a hearing date for the 122 Riverside case after receiving information from the State Historic Preservation Office. Finally, discussions regarding an update to the BOA handbook will continue, potentially streamlining variance application processes in the future.

Why This Matters to Residents: The Board of Adjustment's decisions have a direct impact on Asheville’s neighborhoods and housing landscape. Approving these variances demonstrates a willingness to consider innovative solutions for addressing the city’s housing needs, particularly through the creation of ADUs. Addressing existing non-conforming structures like at 165 Delaware Place ensures that residents are operating within current regulations and contributes to a more predictable and equitable zoning environment. The ongoing review of the BOA handbook promises to improve transparency and efficiency in future variance requests, benefiting both residents and developers alike.

This meeting showcased the Board of Adjustment's role in balancing neighborhood character with evolving housing needs, ultimately contributing to a more vibrant and accessible Asheville.