Board of Adjustment – July 22, 2024

Board of Adjustment Meeting Recap – July 22, 2024

The City of Asheville Board of Adjustment convened on July 22, 2024, to address procedural matters and a single variance request impacting a residential property. The Board of Adjustment is a quasi-judicial body, meaning it operates under specific legal guidelines (North Carolina General Statutes and the City’s Unified Development Ordinance – UDO) to review requests that deviate from standard zoning regulations. This meeting primarily centered on a proposal for a new deck at 8 Crestwood Lane, and the board’s actions will affect property owner Eric Horth's ability to proceed with his construction plans.

The meeting began with the approval of minutes from their previous meeting on June 25th, following a correction to an initial voting error. Board Chair Suzanne Godsey then provided context for the board's role, emphasizing their responsibility to base decisions on competent evidence and adhere strictly to legal procedures. The core of the meeting revolved around a variance request submitted by Mr. Horth for his property at 8 Crestwood Lane, presented by Residential Review Specialist Tyler Kelly. Mr. Horth is seeking permission to build an uncovered deck that would slightly exceed the UDO's height restrictions within the required front setback. The property, located in an RS4 single-family residential district, presents unique challenges due to its narrow shape, steep slope, and proximity to Interstate 40, which significantly limits usable outdoor space. Mr. Horth explained that the deck would provide a crucial area for his family to enjoy outdoor space, given these constraints.

Following Mr. Kelly’s presentation and a brief discussion amongst board members regarding the property's unique circumstances, there was an opportunity for public comment. Notably, no residents chose to offer testimony or express their views on the proposed variance. The Board acknowledged the challenges presented by the property’s location and topography, with one member suggesting a potential review of current setback regulations in light of such unique situations. Ultimately, the Board unanimously voted (5-0) to approve Mr. Horth’s variance request, allowing him to proceed with the construction of his deck as proposed.

Looking ahead, City staff will formally document the approved variance, ensuring proper record-keeping. The Board also indicated they would follow up with a neighboring property referenced during the discussion, though no specific details were provided. This decision underscores the Board's commitment to carefully evaluating individual cases within the framework of city regulations, recognizing that strict adherence to rules doesn't always align with practical realities. Residents may be interested in this outcome as it demonstrates the Board’s willingness to consider unique circumstances when evaluating variance requests, potentially setting a precedent for future cases with similar challenges.