Board of Adjustment (In-Person) (Feb 23, 2026)

Meeting Overview The City of Asheville Board of Adjustment held an in-person meeting on February 23, 2026, to address procedural updates and hear requests for variances from the City’s Unified Development Ordinance (UDO). The agenda included the approval of previous minutes, the adoption of new rules of procedure, the election of a Vice-Chair, and several hearings regarding zoning and flood-related variances.

Key Decisions The Board took several actions during the meeting, all resulting in unanimous votes of 4-0. First, the Board approved the minutes and the findings of fact and conclusions of law from the November 24, 2025 regular meeting. Second, the Board approved the new Board of Adjustment Rules of Procedure, which included a minor clarification changing the role title from "Board Secretary" to "Staff Liaison." Third, the Board elected James Wornall as the new Vice-Chair.

Regarding the public hearings, the Board made the following decisions:

• 30 Lodge Street (Chris Renno): The Board approved a flood variance to allow for the repair of the historic Wayside Bar and Grill without full compliance with flood protection standards, subject to staff conditions.
• Administrative Appeal (L. B. Jackson & Co., LLC): The Board approved a motion to stay the appeal, effectively postponing it until the applicant and the city can agree on a hearing date.
• 1 Norfolk Street (Meredith Bridges): The Board approved a variance.
• 5 White Avenue (Lindsey Hamer): The Board voted not to approve the request for a rehearing of the variance, finding that no new information warranted revisiting the original decision.
• 57 Craggy Avenue (Susanne Lowe): The Board approved a variance.
• 99999 Windswept Drive (Pierce Harmon on behalf of Arthur and Angela Hickson): The Board approved a variance to allow an additional 32 square feet of disturbance for a septic system installation.

Discussion Highlights During the hearing for the 30 Lodge Street flood variance, staff emphasized that the approval would preserve the building’s historic character while the applicant continues to work closely with city staff to ensure compliance. Staff also highlighted the challenges of balancing historic preservation with modern flood protection standards in areas like Biltmore Village.

For the 57 Craggy Avenue request, the applicant demonstrated that the property’s unique topography and the Metropolitan Sewer District’s (MSD) denial of a sewer connection necessitated the variance, noting that the additional disturbance would be minimal. The Board acknowledged the complexities of navigating zoning regulations in older neighborhoods with unique property configurations. Throughout the meeting, the Board emphasized the importance of adhering to state law and city ordinances.

Community Input During the hearing for the 5 White Avenue variance, a local engineer, David Moritz, provided testimony regarding the UDO and the applicant’s request. His comments focused on the historical context of the area and the limitations imposed by current zoning regulations. The transcript summary does not report any specific responses from Board members to this testimony.

Follow-ups Staff agreed to continue working with the applicant at 30 Lodge Street to ensure compliance with the approved variance conditions. Additionally, the administrative appeal for 17 North Market Street (associated with L. B. Jackson & Co., LLC) will be rescheduled once a mutually agreeable date is determined by the applicant and the city.

Impact These decisions allow property owners to proceed with specific projects that deviate from standard zoning or flood regulations due to unique site conditions, such as historic preservation needs or steep topography. The approval of the new Rules of Procedure establishes updated operational guidelines for the Board, including specific voting requirements for quasi-judicial matters, which will govern how the Board handles future variance and appeal requests.