Board of Adjustment – February 26, 2024

Board of Adjustment Meeting Recap – February 26, 2024

On February 26th, 2024, the Board of Adjustment convened a meeting focused on a request to modify building regulations for a proposed single-family dwelling near the River Arts District in West Asheville. The meeting, attended by Board members and various stakeholders, centered on a property located on Waynesville Avenue that presents unique challenges due to its small size, steep slope, and proximity to Penland Creek. This recap provides a clear overview of the discussions, decisions, and next steps for residents interested in this development.

The primary point of discussion revolved around a request from the property owner to obtain variances – exceptions to standard zoning rules. Specifically, the applicant is seeking permission to adjust setback requirements, modify parking arrangements, and reduce the protected buffer zone along Penland Creek. The property’s non-conforming status, stemming from its small size (2,831.4 square feet), limited frontage, and steep slope, adds complexity to the review process. A significant portion of the meeting was dedicated to concerns about a proposed parallel parking space, which would require maneuvering within a public right-of-way and potentially impact pedestrian safety on the already narrow Waynesville Avenue. Further debate centered on the potential environmental impacts of reducing the aquatic buffer zone by 37% and its boundary by 33.3%, raising questions about water quality and stream health, particularly given the property's location downstream from a recently restored section of Penland Creek. The possibility of permanently covering the stream (piping) to eliminate the buffer was also discussed, prompting concerns about environmental regulations and potential harm.

Several residents of Waynesville Avenue voiced their worries regarding pedestrian and traffic safety, emphasizing the challenges posed by the narrow road conditions. Representatives from Riverlink underscored the importance of safeguarding Penland Creek's water quality, highlighting its connection to the French Broad River and ongoing restoration efforts. A landscape architect stressed the need for a comprehensive landscaping plan to minimize any negative impacts on the aquatic buffer. The Board also granted standing to Mr. Greg Jernigan (an upstream property owner), Sarah Frazier (representing New Belgium Brewing, with limitations), and Renee Fortner (Riverlink) to participate in the hearing.

Ultimately, the Board voted unanimously to continue the public hearing until March 25th, 2024. This decision provides the applicant an opportunity to gather more detailed information and potentially revise their proposal based on feedback received during the meeting. The applicant is now tasked with providing preliminary grading plans, detailed elevation drawings, and a stakeout of the proposed building footprint and parking area to better visualize its impact on the site. City staff will continue reviewing the application and providing feedback to the Board, ensuring a thorough assessment of all potential impacts.

This decision is significant for residents in and around the River Arts District, as it directly affects traffic flow on Waynesville Avenue and potentially impacts the health of Penland Creek. The Board’s postponement reflects a commitment to carefully consider all concerns before making a final decision, ensuring that any approved variances are balanced with the needs of the community and the preservation of our natural resources. The next hearing on March 25th will be an important opportunity for residents to continue engaging in the process and voicing their perspectives.