Board of Adjustment – September 23, 2024

Board of Adjustment Addresses Waynesville Avenue Development, Postpones Other Hearings

The Board of Adjustment convened on September 23, 2024, to address several requests related to the City’s Unified Development Ordinance (UDO). The Board of Adjustment is a quasi-judicial body, meaning it operates with specific legal procedures to review and decide on requests for variances from city zoning regulations. This meeting primarily focused on a significant development proposal at 30 & 32 Waynesville Avenue, while also dealing with procedural matters and postponements.

The meeting began with the unanimous approval of minutes from the July 22, 2024, meeting. Following that, a request was made to continue two appeal matters due to an unforeseen family emergency impacting legal representation for the appellants. The Board approved these continuances, rescheduling those hearings for October 28th.

The core of the meeting centered on a variance request from Andrew and Heather Weaver regarding their properties at 30 & 32 Waynesville Avenue. The Weavers are planning to construct two single-family homes with a unique cantilevered foundation design, and their request sought variances for both the front setback (reducing it from 15 feet to 10 feet, a 33% reduction) and the aquatic buffer requirements. A key point of discussion revolved around potential stormwater management impacts and long-term maintenance within the aquatic buffer. Michael Rogers, a resident and registered landscape architect, testified, emphasizing the importance of utilizing native plants and a comprehensive remediation plan to mitigate potential issues with invasive species. He underscored the need for careful consideration of stormwater runoff and long-term ecological health.

After extensive deliberation, the Board ultimately voted to approve the Weaver’s variance request with conditions. The approved variances include a reduction in the front setback to 10 feet and permission for impacts within the aquatic buffer necessary for construction. The approval also included a variance for a side setback reduction of 20% on one parcel. Critically, the approval is contingent upon several conditions: the construction must utilize cantilevered piers, and the Weavers are required to collaborate closely with the city’s stormwater management department. They must also adhere to a city-recommended species list for remediation efforts, ensuring environmentally responsible landscaping practices. Board Member Chris Madanish voiced concerns about setting a precedent that could undermine the importance of adhering to zoning regulations, particularly for properties with challenges.

Public input was limited but valuable. Michael Rogers’ testimony provided a critical perspective on the ecological considerations of the project, highlighting potential challenges and advocating for proactive solutions. Andrew Weaver assured the Board of his commitment to environmentally responsible construction, including planting native species and incorporating rain gardens.

Looking ahead, the Board will revisit the two appeal matters that were continued to October 28th. City staff will also review the remediation plan for 30 & 32 Waynesville Avenue as part of the standard permitting process. The Weavers are now responsible for collaborating with the stormwater management department to ensure their plans align with city guidelines. This decision will impact residents in the Waynesville Avenue area, as it allows for the construction of two new homes while requiring specific environmental safeguards to protect the aquatic buffer and manage stormwater runoff. Residents are encouraged to review official meeting documents available from the City of Asheville for complete details.