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Board of Adjustment (In-Person) (May 18, 2026)

May 18, 2026 at 2:00 PM

70 Court Plaza, Asheville, NC 28801, USA - First Floor Conference Room

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Event Recap

Board of Adjustment Meeting Recap – May 18, 2026

On May 18, 2026, the Board of Adjustment convened an in-person meeting to address two requests for variances from city development regulations. The Board, comprised of Bruce Johnson, Jeremy Plemons, Gillian Ballard, John Michael Cletus, Mike Luciano, and James Warnell, considered matters related to flood protection for historic buildings and a minor construction encroachment on a residential property. This recap aims to provide residents with a clear understanding of the discussions and outcomes, highlighting their potential impact on our community.

The primary focus of the meeting was a flood variance request concerning three historic buildings located at 3, 5, and 7 River Arts Place within the Riverside Industrial Historic District. Applicant Jessica Riser, representing property owner Patti Torna, sought an exception to flood protection standards due to storm damage sustained during Hurricane Helene. Staff from the Stormwater Plans Review, Marie Taylor, strongly supported the variance, recognizing the buildings’ historic significance and arguing that strict adherence to regulations would unduly burden preservation efforts. Following a discussion regarding inspection procedures and collaboration with the floodplain administrator, Alex Cole, the Board unanimously approved the variance. This decision means repairs can proceed on these historic structures without fully complying with all current flood protection standards, but with the condition that the applicant works closely with Mr. Cole to develop a flood action plan and incorporates flood-resistant materials where possible, including elevating electrical and mechanical systems.

The second matter on the agenda involved a zoning variance request at 133 South Grove Street, a property zoned for high-density single-family residential development. Applicant Darian Bodenhorst requested permission to maintain a six-inch encroachment into the required side setback during construction. This discrepancy was discovered by code enforcement officials responding to a neighbor’s complaint. Urban Planner 2, Tyler Kelly, presented the property's history and construction process, noting that previous inspections (foundation and framing) had approved the structure. The City Attorney highlighted potential legal challenges should the variance be denied, given that the applicant had relied on approved permits and inspections. After questioning regarding inspection oversight and the timing of detection, the Board unanimously voted to approve the zoning variance. This allows the existing encroachment to remain in place.

This meeting underscored the Board of Adjustment’s role in navigating situations where strict adherence to regulations creates undue hardship, particularly when balancing preservation efforts with safety concerns. The decisions highlight the importance of clear communication and thorough inspections throughout the development process to minimize potential conflicts. Residents are encouraged to attend future Board meetings, as public participation is welcomed and valued. The next steps for the Three River Arts Place project involve collaboration with Alex Cole to finalize a flood action plan, while residents of South Grove Street will see no immediate changes as the existing structure remains.

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