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

**Body:** City of Asheville — Board of Adjustment
**Date:** September 28, 2026 2:00 PM EDT (2026-09-28T14:00:00-04:00)
**Location:** 70 Court Plaza, Asheville, NC 28801, USA - First Floor Conference Room

**Link:** https://sunshinemeetings.org/event/3006

## Summary

The City of Asheville Board of Adjustment held an in-person meeting on September 28, 2026, to review zoning variances, a flood variance, and an administrative appeal. The board began by approving the minutes and Findings of Fact and Conclusions of Law from the July 27, 2026, regular meeting by unanimous voice vote. The meeting also included the introduction of Tyler Kelly as the new Board of Adjustment liaison, effective immediately, replacing the previous liaison.

The board voted to deny the zoning variance request for 403 Pearson Drive. The property owners sought a variance to allow a detached garage to encroach into the required 15-foot corner-side setback, as the structure was built approximately 0.9 feet from the property line. The vote resulted in a 3-3 tie, which failed to meet the four-fifths majority required to grant a variance. During the discussion, Chair Suzanne Vernon Godsey raised safety concerns, stating that the garage sits within the "site visibility triangle" at the intersection. The applicant offered to close the driveway access to High Brighton Drive to mitigate this risk, but the offer did not change the vote outcome. City staff clarified that while the owners claimed a city representative had verbally approved a 6-foot setback, the zoning amendment for that change was placed on hold and never approved.

The board approved the flood variance for 5 Boston Way by unanimous voice vote. The applicant requested the variance to repair and operate a historic retail shop in Biltmore Village without fully complying with standard flood protection requirements, arguing that full compliance would alter the building’s historic character. The approval was granted subject to specific conditions, including the submission of a signed flood action plan, elevating electrical and HVAC systems to two feet above the base flood elevation, and installing a sewer backwater preventer if not already present. The City committed to working with the applicant to ensure compliance with historic preservation and National Flood Insurance Program requirements.

The board upheld the Planning Department’s administrative determination regarding 819 Patton Avenue by unanimous voice vote. The appeal, filed by the owner of the Harry’s on the Hill car dealership, challenged a determination that a proposed employee parking lot on the residential portion of a split-zoned parcel was not a permitted accessory use. The petitioner argued that the parking lot was an accessory to the car dealership and permitted under the Unified Development Ordinance for split lots. The City’s representatives argued that the parking lot is a standalone commercial use prohibited in the residential zone and that a rezoning is required. The board sided with the City, upholding the determination that the parking lot cannot be established in the residential zone without a rezoning.

The meeting concluded with the adjournment of the session. The next regular meeting of the Board of Adjustment is scheduled for Monday, October 26, 2026.

## Agenda

- [Approval of Minutes and Findings of Fact and Conclusions of Law (FFCLs)](https://sunshinemeetings.org/event/3006/item/18163)
- [Introduce the new Liaison for the Board of Adjustment](https://sunshinemeetings.org/event/3006/item/18164)
- [20 Lakeside Drive Zoning Variance](https://sunshinemeetings.org/event/3006/item/18165)
- [403 Pearson Drive Zoning Variance](https://sunshinemeetings.org/event/3006/item/18166)
- [5 Boston Way Flood Variance](https://sunshinemeetings.org/event/3006/item/18167)
- [819 Patton Avenue Administrative Appeal](https://sunshinemeetings.org/event/3006/item/18168)
- [Adjournment](https://sunshinemeetings.org/event/3006/item/18169)

## Video & Transcript

- Recording: https://youtube.com/live/Q4BMLGAuwu0?feature=share
- Transcript: https://sunshinemeetings.org/transcript/2137/segments

## Documents

- [minutes_2026-09-28.pdf](https://sunshinemeetings.org/event/3006?document=14726)
- [20 Lakeside Drive Meeting Materials](https://sunshinemeetings.org/event/3006?document=13415)
- [819 Patton Avenue Meeting Materials](https://sunshinemeetings.org/event/3006?document=13418)
- [403 Pearson Drive Meeting Materials](https://sunshinemeetings.org/event/3006?document=13416)
- [5 Boston Way Meeting Materials](https://sunshinemeetings.org/event/3006?document=13417)
- [agenda_2026-09-28.pdf](https://sunshinemeetings.org/event/3006?document=13419)

## Sources

- [City of Asheville WordPress](https://www.ashevillenc.gov/government/meetings/board-of-adjustment-in-person-sep-28-2026/)