Board of Adjustment Meeting, Afternoon Session

Buncombe County Board of Adjustment Addresses Campbell Street Storage Building Variance

The Buncombe County Board of Adjustment held an afternoon session on December 11, 2024, focusing primarily on a request from Melody Clark regarding property at 104 Campbell Street in Swannanoa. This meeting, a quasi-judicial evidentiary hearing requiring decisions based on zoning ordinance standards, centered around a proposed variance to allow for the construction of a storage building that would slightly reduce required setbacks from neighboring properties. It's important to note this recap specifically addresses the afternoon session of the Board of Adjustment, a distinct body from other county boards or commissions.

The core issue involved Ms. Clark's request to reduce side yard and rear yard setbacks on her property, allowing for a storage building roughly the same size as an existing structure she recently demolished. The previous structure, which straddled four properties including Ms. Clark's, had fallen into disrepair and was deemed unsafe. A similar variance request from Ms. Clark in 2021 was previously denied. During the hearing, attorney Robert Bo Carpenter presented a detailed overview of the property's history and context within the historic company development, emphasizing the small lot size (6,105 sq ft) and the need for a functional storage space. Ms. Clark and her husband, Mike Clark, testified about their family's long connection to the property and their efforts to consult with neighbors prior to demolition.

A key moment in the hearing came from neighbor Richard Hall, who spoke in support of the variance, noting that similar structures are common in the neighborhood and wouldn't negatively impact property values or public safety. While board members raised concerns about the small lot size and proximity to the property line, they also acknowledged the unique circumstances of the case. Staff findings highlighted that the original building was dilapidated and shared by multiple neighbors, further contributing to the discussion.

Ultimately, the Board of Adjustment unanimously approved a motion adopting findings of fact recognizing an unnecessary hardship would result from strict application of the zoning ordinance. Following this, they unanimously approved the variance itself, with a crucial condition: the footprint of any structure built on the property must be limited to that outlined in Ms. Clark's application. This ensures that the new building remains within a defined size and doesn’t exceed the scope of the request.

The meeting also included procedural matters like roll call, disclosure of any ex parte communications (communications outside the formal hearing process), and a reminder from staff regarding the quasi-judicial nature of the hearing. A standing application from Cameron Hatfield was received, but the individual did not attend to speak on the matter.

Looking ahead, staff will now draft an official order reflecting the board’s decision and condition. Ms. Clark will be responsible for obtaining necessary permits, including a septic permit and building inspection to ensure compliance with all regulations. This decision provides Ms. Clark with the opportunity to improve her property while respecting the neighborhood’s character, and demonstrates the Board of Adjustment's willingness to consider unique circumstances within established zoning guidelines.