Board of Adjustment – June 24, 2024

Asheville Board of Adjustment Meeting Recap – June 24, 2024

The Asheville Board of Adjustment convened on June 24th, 2024, to review requests related to the city's development regulations as outlined in the Unified Development Ordinance (UDO). The Board, acting in a quasi-judicial capacity similar to a court, heard and ultimately decided on one primary case concerning a proposed Accessory Dwelling Unit (ADU) at 125 Cisco Road. The meeting was conducted following established legal procedures, with witnesses required to swear an oath and focus on factual information relevant to the UDO.

The central discussion revolved around a variance request from Vincent Scribo, who seeks to build an ADU on his property at 125 Cisco Road. Mr. Scribo’s proposal involves locating the ADU in front of his main house, closer to the street. Current city regulations require ADUs to be situated on the side or rear of a property. Mr. Scribo argued that due to the steep slopes, challenging topography, and existing vegetation on his land, adhering to these regulations presents a significant hardship. He further explained that he intends for his elderly mother to reside in the ADU, and the proposed location provides convenient access. The existing paved parking area on the property would also minimize further disturbance to the land.

The Board engaged in a detailed discussion regarding whether Mr. Scribo’s situation constituted a genuine hardship justifying an exception to the UDO. Some members questioned whether the topographical challenges faced by Mr. Scribo were unique, noting that many properties in Asheville experience similar conditions. Conversely, other Board members acknowledged the practicality of utilizing an existing paved area and minimizing disturbance on a steeply sloped lot, particularly considering the constraints imposed by Asheville’s steep slope zone regulations. The location of Mr. Scribo's septic tank was also briefly discussed, though deemed not a primary factor in the decision.

Ultimately, the Board voted 3-2 against granting Mr. Scribo’s variance request. This means he cannot proceed with building the ADU in its currently proposed location. While some Board members expressed regret that existing rules limited flexibility, they felt the precedent of granting a variance in this instance would set a problematic standard. Following the decision, the minutes from the Board’s previous meeting on May 20th were approved without issue.

Looking ahead, Mr. Scribo will need to explore alternative ADU designs that comply with existing regulations or potentially return to the Board with a revised proposal, possibly addressing concerns related to disturbance limits within the steep slope zone. The Board’s deliberations highlighted ongoing challenges in applying current UDO rules to properties with unique topographical features, a topic likely to be revisited as the city continues to develop. Residents seeking further information about the Asheville Board of Adjustment and the Unified Development Ordinance are encouraged to visit the City of Asheville’s website.