Event Recap
The Town of Montreat Board of Adjustment held its regular meeting on March 26, 2026, focusing on administrative updates and a specific variance request. The Board officially called the meeting to order, approved the agenda for the day, and approved the minutes from the previous meeting held on February 26. A key administrative update involved the introduction of Shelly Johnston as the new part-time Zoning Administrator, who works 24 hours per week, typically on Tuesdays and Thursdays. The Board discussed necessary administrative tasks, such as updating her contact information, and noted her background in land use planning from Fort City.
The primary business of the meeting centered on a variance request for the property located at 136 Virginia Road (PIN #07106574250000). The applicant, Nicholas Swan, representing owners Charles A. Hardy Jr. and Mary Elizabeth Hardy, sought a variance to reduce the front setback requirement on the southern side of the property, along Woodland Road, from 30 feet to 15 feet. This reduction was requested to accommodate a screened porch, greenhouse, and chimney for an existing single-family dwelling. The property is a double-frontage lot, and the existing house is classified as "legally non-conforming" because it was built before current zoning regulations were enacted. The Board clarified that the variance applies only to the new construction elements, not the existing structure.
During the discussion, Board members examined the concept of "hardship" required for variance approvals, noting that the hardship must be peculiar to the specific property rather than a general issue affecting other properties in the community. While alternative locations for the greenhouse were discussed, it was determined that the proposed location provided optimal sunlight exposure. The Board emphasized the importance of basing decisions on facts and regulations rather than personal opinions or projections regarding property values and traffic. The Chair also encouraged board members to conduct site visits to properties under consideration for variances before voting. Additionally, the Township attorney clarified that the town’s building inspection process now requires coordination with Buncombe County.
The Board voted to grant the variance request for 136 Virginia Road. The Chair emphasized the importance of keeping deliberations focused on the variance itself and avoiding discussions about unrelated matters. It was confirmed that the applicant had not engaged in any ex parte communications, or outside-of-hearing discussions, regarding the case. The Board reiterated that as a quasi-judicial body, its decisions are based on legal standards and evidence presented in the record.
Following the meeting, specific follow-up actions were identified. Shelly Johnston, the Zoning Administrator, agreed to update her email and voicemail information. Town staff agreed to investigate ways to improve the accessibility of meeting agendas on the town website. No other specific follow-up actions were explicitly agreed to by members or staff during this meeting.