Board of Adjustment – February 26, 2024

Board of Adjustment Meeting Recap – February 26, 2024: Proposed Development Near River Arts District

On February 26, 2024, the Board of Adjustment held a meeting focused on a request to build a single-family dwelling on a challenging, non-conforming parcel of land located near the River Arts District in West Asheville. The meeting provided an initial review of this proposal, which seeks variances from several city regulations to accommodate construction on a small, steeply sloped property bordering Penland Creek. The Board of Adjustment is an independent body responsible for reviewing requests that deviate from established city ordinances, ensuring a balance between development and community standards.

The core of the discussion revolved around the applicant's request for several variances necessary to proceed with construction. These include reducing the required front setback, altering a proposed parking arrangement that would encroach on public right-of-way, and significantly reducing the buffer zone protecting Penland Creek. The Board carefully examined the unique site conditions – its small size, steep slope, limited street frontage, and proximity to the creek. A key point of discussion was confirming that Penland Creek is a jurisdictional stream, meaning any work near it must adhere to strict regulations designed to protect water quality. Alternative construction methods, such as using piers instead of a traditional foundation to minimize ground disturbance, were explored as potential solutions.

A significant portion of the meeting was dedicated to hearing from concerned residents and representatives from Riverlink, a local environmental organization. Public speakers voiced strong concerns about the potential impact of construction on Penland Creek’s water quality, citing worries about increased sedimentation and erosion flowing into the French Broad River. Traffic and pedestrian safety on Waynesville Avenue, a narrow road already experiencing congestion, were also major points of concern. Finally, several speakers raised concerns about the potential for increased flood risks given the steep slope and existing stormwater challenges.

Ultimately, the Board did not make any formal decisions or votes regarding the variance requests during this meeting. Recognizing the complexity of the proposal and the concerns raised by both staff and the public, they voted to continue the hearing until March 25th. This postponement will allow the applicant time to gather additional information and potentially revise their plans in response to feedback received.

Looking ahead, the applicant is now tasked with providing detailed grading plans, elevation drawings showcasing potential pier foundation options, and photographs illustrating current site conditions. City staff will continue their review of the application to ensure compliance with city ordinances, and the applicant must also obtain an opinion from the Army Corps of Engineers regarding potential wetlands on the property. This ongoing process underscores the Board’s commitment to carefully evaluating development proposals and ensuring they align with the city's goals for sustainable growth while addressing community concerns about environmental protection, traffic safety, and flood resilience. Residents are encouraged to follow the progress of this case and attend the next hearing on March 25th.