Board of Adjustment (In-Person) (Sep 28, 2026)

Meeting Overview and Liaison Transition The City of Asheville Board of Adjustment convened in person on September 28, 2026, to review zoning variances, flood variance requests, and an administrative appeal. The meeting opened with an administrative announcement regarding board leadership: Sam, the previous Board of Adjustment liaison, stepped down, and Tyler Kelly was appointed as the new liaison effective immediately. The board unanimously approved the minutes from the July 27, 2026, regular meeting by voice vote.

Variance for 403 Pearson Drive: Garage Setback The board considered a variance request from Gail and Patrick Ferguson regarding a detached garage at 403 Pearson Drive that encroaches 0.9 feet into the required 15-foot corner side setback. The applicants argued that city staff had verbally indicated a 6-foot setback was permissible, leading to a measurement error by the contractor. During the discussion, Chair Suzanne Vernon Godsey raised significant safety concerns, noting that the garage sits within the "site visibility triangle" at the intersection, which poses a traffic risk. While neighbors testified in support of the variance, arguing that demolition would cause excessive neighborhood disruption, the board did not reach the required four-fifths vote to grant the variance. The motion failed with 3 Aye votes and 4 Nay votes.

Flood Variance for 5 Boston Way The board reviewed a request to repair and operate a historic retail shop at 5 Boston Way without fully complying with flood protection standards, such as elevating utilities. The applicant sought to preserve the building’s historic character while meeting safety codes. The board approved the variance by unanimous voice vote, subject to staff conditions. City staff committed to working with the applicant on a signed flood action plan to ensure compliance with historic preservation and National Flood Insurance Program (NFIP) requirements.

Appeal of Administrative Determination: 819 Patton Avenue An appeal was heard regarding a proposed employee parking lot for Harry’s on the Hill at 819 Patton Avenue. The petitioner argued the lot was an "accessory use" permitted under Unified Development Ordinance (UDO) Section 7-14-1A, while city staff contended it was a standalone commercial use prohibited in the residential RM-8 zoning district. City Attorney Janice Ashley and Principal Planner Will Palmquist argued that because motor sales are not allowed in the zone, the parking lot cannot be considered incidental. The board upheld the Planning Department’s determination by unanimous voice vote, agreeing that the parking lot requires rezoning.

Community Input and Next Steps Public comment was received primarily regarding the 403 Pearson Drive case, where neighbors Jim Parker, Jane Yokohama, and Julie spoke in support of the variance, citing the applicants' good standing in the community and the logistical difficulties of reconstruction. No public comment was received for the other two cases. The next scheduled Board of Adjustment meeting is set for October 26, 2026, at City Hall. Residents are encouraged to utilize the new liaison, Tyler Kelly, for future inquiries.