Board of Adjustment 4/25/24

Board of Adjustment Meeting Recap – April 25, 2024

The Montreat Board of Adjustment convened on April 25th to address a pair of requests concerning a property located at 426 Kentucky Road. The meeting, which included approval of the agenda and minutes from a previous session, focused primarily on a variance request and a special use permit related to the construction of an accessory dwelling unit (ADU) on the property owned by Mr. Richard Giles. The Board's decisions will impact residents interested in understanding local zoning regulations and development within the community.

The core of the meeting revolved around Mr. Giles’ requests to modify existing zoning requirements for his property. He initially sought a variance (VA 2024-01) to reduce the required front setback along South Carolina Terrace from 30 feet to just 15 feet. This adjustment is necessary to accommodate the planned construction of an ADU on his land. Following extensive discussion, which considered the property's unique topography – particularly its sloping nature and potential for stormwater runoff challenges – the Board determined that a hardship existed due to these specific conditions. They ultimately voted unanimously to approve this variance, finding it consistent with the spirit of Montreat's zoning ordinance and representing the minimum deviation needed to address Mr. Giles’ situation, while not negatively impacting public safety or property values.

Building upon the variance approval, the Board then moved to consider Mr. Giles’ request for a Special Use Permit (SUP 2024-01) to allow the construction of an ADU exceeding 10 feet in height and totaling 468 square feet. The discussion centered on the ADU's proposed size, location, and parking arrangements (utilizing existing spaces). Board members confirmed the ADU would be used solely for residential purposes, not as a temporary dwelling like a camper or RV. After reviewing the plans and ensuring compliance with building codes, the Board unanimously approved the Special Use Permit, allowing Mr. Giles to proceed with construction of the ADU. A key reminder was issued that occupancy within the ADU should be limited to four individuals, as stipulated by town ordinance.

These decisions represent a careful balancing act between individual property rights and the overall character of the Montreat community. The Board’s deliberations highlighted their commitment to understanding the unique circumstances of each case, ensuring that decisions align with zoning regulations while addressing specific challenges presented by a property’s topography and existing conditions.

Looking ahead, Mr. Giles will now proceed with securing the necessary building permits and commencing construction of his ADU. Residents are encouraged to monitor progress and ensure compliance with all applicable regulations. There were no further scheduled meetings announced at the conclusion of this session.