Board of Adjustment – April 22, 2024

Recap of Asheville Board of Adjustment Meeting – April 22, 2024

The Asheville Board of Adjustment held a meeting on April 22, 2024, acting in its capacity as a quasi-judicial body. This means the Board operates similarly to a court hearing, making decisions based on evidence and applicable laws (specifically Asheville's Unified Development Ordinance - UDO) rather than personal opinions. The meeting was open to the public, although no members of the community chose to offer comments during the discussions.

The primary focus of the meeting revolved around two distinct cases: a variance request from Blue Ridge RX Holdings, LLC and an appeal filed by Christina and Christopher Lewis regarding a stormwater determination. Regarding the Blue Ridge RX Holdings request, the company, represented by attorney Craig Justice, sought several variances at their property located at 1070 Tunnel Road. These variances pertain to setback requirements, lot width standards, and access regulations within the Highway Business District. The City of Asheville supports this request as a means to potentially avoid legal challenges related to ongoing road improvements. A key factor complicating the situation is the property’s unique access via North Road, a privately maintained road within a publicly dedicated right-of-way. The applicant aims to subdivide the property into two parcels, enabling them to sell a warehouse building located at the rear of the lot. Zoning Supervisor Nancy Watford clarified that granting these variances would facilitate this subdivision, creating two distinct parcels with buildings on each. While the Board engaged in extensive discussion regarding these complexities, a final vote on this variance request was not reached and will be deferred to a future meeting.

The second case involved an appeal from Christina and Christopher Lewis concerning a stormwater determination made by the City. However, after deliberation, the Board unanimously voted to dismiss this appeal due to a lack of jurisdiction. City Attorney Eric Edgerton presented the motion, arguing that Mr. and Ms. Lewis had not followed the required procedures outlined in the city's stormwater ordinance for filing an appeal. Mr. Lewis indicated his intention to re-file the appeal after navigating the proper channels within the city’s stormwater appeal process.

Beyond these specific cases, the Board formally approved the minutes from their previous meeting held on February 26, 2024. Board Chair Suzanne Godsey reiterated the Board’s role as a body bound by state law and city ordinances, emphasizing its quasi-judicial nature. Expert testimony was provided by Chris Day (Civil Design Concepts) regarding the history and access challenges associated with North Road.

Looking Ahead: The Board will continue deliberations on the Blue Ridge RX Holdings variance request at a future meeting, where a final vote is expected. The appeal from Christina and Christopher Lewis has been closed due to dismissal, but the possibility of a re-filing remains pending proper adherence to city procedures. Residents interested in following these matters are encouraged to monitor the City of Asheville's website for updates on future Board of Adjustment meetings.