Event Recap
Meeting Overview The Morganton Board of Adjustment convened on October 12, 2026, at City Hall for a quasi-judicial hearing regarding a variance application submitted by Interplan PLLC on behalf of a Chick-fil-A franchise located at 1006 Berkmont Avenue. The applicant sought permission to encroach four feet into the required six-foot rear yard setback, reducing the distance to two feet. This encroachment was intended for an open-air canopy designed to cover existing drive-through lanes, aiming to shelter employees and improve traffic flow efficiency. The Board reviewed the statutory requirements for granting a variance under North Carolina law, specifically examining whether strict application of the regulation would cause unnecessary hardship, whether that hardship stemmed from property-specific conditions, whether it was self-created, and whether the variance aligned with the spirit of the ordinance and public safety.
Key Decisions and Votes The Board voted to approve the variance request. A motion to approve the application, with the specific condition that the structure remain an open-air canopy as presented, was made by Ms. Britton and seconded by the Chair. Following a roll-call vote, all five Board members voted Yes. The motion passed with a unanimous 5-0 vote, satisfying the required four-fifths majority for variances. This approval authorizes the applicant to proceed with the project, subject to the conditions established by the Board.
Discussion Highlights During the hearing, City staff and the applicant’s representative provided testimony regarding the necessity of the variance. Teresa Kinney, Senior Planner, explained that physical constraints on the site, specifically an underground stormwater facility, prevented the structure from being placed elsewhere due to structural reasons. She noted, "There is an underground stormwater facility... it can't be placed over the top of it because of structural reasons. So it has to be placed in a certain particular area and that's the area that they're asking the variance for."
Richard Scott, Civil Engineer with Interplan PLLC, argued that the strict six-foot setback limited the canopy’s placement, preventing it from covering both drive-through lanes. He stated, "The strict application of this six foot setback limits the placement of that canopy. It does not allow it to cover both of the lanes where the team members will be taking orders. So that is the main issue that we have with this setback." Mr. Scott also noted that negotiations to purchase the adjacent vacant rear lot to achieve compliance had failed.
Board members expressed support for the application. Mr. Carswell remarked, "I think the applicant's done everything that they can do, and it's not their fault that drain storm's already there... I think they've met the variance. I think it's consistent with the spirit of the variance." Mr. Urban added, "I appreciate the applications taking considerations into the safety of the employees and also safety of the public with traffic flow... I think if it helps them with safety, I'm in agreeance with it." The Chair emphasized the importance of the condition, stating, "I am interested in, and I think I would recommend as we consider a motion for this matter that we do as the statute allows us to do, to include an appropriate condition on... that a condition be that the canopy be open air as presented and not a structural condition construction."
Community Input There was no public attendance or public comment period at this meeting. The Chair noted that no neighbors or other members of the public were present to speak. Consequently, no public comments were recorded, and no Board members responded to community input as none was offered.
Follow-ups and Impact No specific follow-up actions were explicitly agreed to by staff or Board members during this meeting beyond the approval of the variance. The Board’s approval serves as the authorization for the applicant to proceed, subject to the conditions of the variance. This decision resolves the immediate zoning conflict for the franchise, allowing the installation of the open-air canopy to address employee shelter and traffic flow concerns without further delay from the Board.