Board of Adjustment 8/27/26

Meeting Overview The Town of Montreat Board of Adjustment convened on August 27, 2026, at Montreat Town Hall, presided over by Chair Ed Kramer. The meeting focused on a quasi-judicial evidentiary hearing regarding a variance request for the property at 427 Kentucky Road (PIN 07200756750000). Chair Kramer certified a quorum of six members, noting that Board Member Dan Sharp’s term had expired but he was legally permitted to "hold over" until a replacement was appointed. The Board adopted the agenda and approved the minutes from the May 28, 2026, meeting. Before proceeding, members disclosed various ex parte communications, which the Town Attorney determined did not disqualify them from participating, though Board Member Matt Horn recused himself due to a close personal relationship with neighbor Ann Walker.

Key Discussions and Community Input The core of the meeting involved a debate over whether the applicants, Phillip and Linda Jung, demonstrated "unnecessary hardship" to justify variances for reduced setbacks and a stream buffer. Interim Zoning Administrator Alexis Baker presented the staff report, noting the applicants sought to reduce front setbacks from 30 to 10 feet, side setbacks from 15 to 5 feet, and the stream buffer from 30 to 10 feet. Phillip Jung testified that the lot is smaller and has less frontage than public records indicate due to a 1995 deed adjustment with the neighboring Walker property.

Neighbor Carlisle Willard opposed the variance, citing privacy concerns and the potential precedent of crowding houses together. Neighbor Ann Walker provided historical context regarding the wedge-shaped nature of the lot and land loss from Hurricane Helene. During deliberation, Board Member [Speaker 1] expressed concern about the applicants demolishing an existing home to build a larger one, questioning the existence of unnecessary hardship. Board Member [Speaker 6] argued that the lot was not peculiarly different from others in the neighborhood, stating, "We have a high bar for granting variances... I don't think the bar's been met." Chair Kramer emphasized that the decision was constrained by regulations and facts, not popularity.

Decisions and Votes The Board took two significant votes regarding the variance requests. Board Member [Speaker 6] moved to deny the request for lot line setback variances due to a failure to meet hardship requirements; the motion passed with 5 votes in favor and 1 against. Subsequently, the same member moved to deny the stormwater variance (stream buffer) due to a failure to meet findings of fact; this motion passed unanimously with 6 votes in favor. Consequently, both variance requests were denied.

Follow-ups and Next Steps The Board voted unanimously to continue the drafting of the written order to the next meeting. The Town Attorney is responsible for drafting this order, which will be reviewed and adopted by the Board at the next regularly scheduled meeting on September 24, 2026. No other immediate action items or staff directives were established during this session.

Impact on Residents This decision reinforces the Town of Montreat’s strict adherence to zoning setback and stream buffer regulations. By denying the variances, the Board maintained existing density standards and privacy protections for adjacent properties, particularly regarding the historic district context. The ruling clarifies that historical deed adjustments or lot shape irregularities do not automatically constitute the "unnecessary hardship" required to bypass standard zoning codes. Residents are informed that the final written order detailing these findings will be available for review at the September 24 meeting.