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

**Body:** City of Asheville — Board of Adjustment
**Date:** February 23, 2026 8:45 AM EST (2026-02-23T08:45:00-05:00)
**Location:** 70 Court Plaza, Asheville, NC 28801, USA - First Floor Conference Rom

**Link:** https://sunshinemeetings.org/event/458

## Summary

**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.

## Agenda

- [Approval of the minutes and Findings of Fact and Conclusions and Law of the November 24, 2025 regular meeting.](https://sunshinemeetings.org/event/458/item/1460)
- [Review and approval of the new Board of Adjustment Rules of Procedure](https://sunshinemeetings.org/event/458/item/1461)
- [Elect a new Vice-Chair for the Board of Adjustment](https://sunshinemeetings.org/event/458/item/1462)
- [The applicant, Chris Renno, is requesting a variance to the standards in Section 7-12-1(e)(2)(b) Flood Hazard Reduction, of the (“UDO”). The purpose of the request is to allow for the repair of a historic structure without fully complying with the flood protection standards in order to preserve its historic character. The property is known as 30 Lodge Street. and PIN 9648-60-7352. For further information please contact Sam Starr-Baum, Urban Planner III, City of Asheville, PO Box 7148, Asheville, NC, 28802 or 828-259-5609.](https://sunshinemeetings.org/event/458/item/1463)
- [B. Jackson & Co., LLC, represented by Allen Stahl & Kilbourne, PLLC, seeks appeal of a Legal determination made by City Attorney Brad Branham, Dated November 24, 2025.](https://sunshinemeetings.org/event/458/item/1464)
- [B. Jackson & Co., LLC, represented by Allen Stahl & Kilbourne, PLLC, seeks appeal of a Unified Development Ordinance determination made by Planning and Urban Design Director Stephanie Dahl, Dated November 17, 2025.](https://sunshinemeetings.org/event/458/item/1465)
- [The petitioner, Meredith Bridges, is requesting variances to aquatic buffer standards in Section 7-12-2 (e) (2) a. 1. Erosion prevention and sediment control and Section 7-12-2 (f) (3) a. Aquatic buffers: Post construction of the Unified Development Ordinance (“UDO”). The applicant is seeking to encroach 13 feet into the 30 foot aquatic buffer. The property is known as 1 Norfolk Street. and PIN 9648-64-9286. For further information please contact Tyler Kelley, Urban Planner II, City of Asheville, PO Box 7148, Asheville, NC, 28802 or 828-259-5677.](https://sunshinemeetings.org/event/458/item/1466)
- [The petitioner, Lindsey Hamer, is requesting a re-hearing to a prior variance request to flagpole width standards in Section 7-11-2 (j) (3) b. Parking, loading, and access standards of the Unified Development Ordinance (“UDO”). The applicant is seeking relief from the 20 foot minimum width for flagpoles within Appendix 7-F. The property is known as 5 White Avenue. and PIN 9647-94-0830. For further information please contact Daniel Fleer, Urban Planner I, City of Asheville, PO Box 7148, Asheville, NC, 28802 or 828-259-5677.](https://sunshinemeetings.org/event/458/item/1467)
- [The petitioner, Susanne Lowe, represented by Miller Graves, is requesting variances to the setback standards in Section 7-10-2 (c) Required setbacks; allowable encroachments into required setbacks and Section 7-8-4 (f) (5) RS-8 Residential Single-Family High Density District Setback Standards of the Unified Development Ordinance (“UDO”). The applicant is seeking relief from the required side-front setbacks for a corner lot. The property is known as 57 Craggy Avenue. and PIN 9638-06-6513. For further information please contact Madelyn Stone, Urban Planner I, City of Asheville, PO Box 7148, Asheville, NC, 28802 or 828-259-5609.](https://sunshinemeetings.org/event/458/item/1468)
- [The petitioner, Pierce Harmon, on behalf of owners Arthur and Angela Hickson, is requesting a variance to steep slope and ridgetop development standards in Section 7-12-4 (f) (1) Steep slope and ridgetop development of the Unified Development Ordinance (“UDO”). The applicant is seeking a variance to allow extra land area of disturbance in order to install a septic system for a proposed new home. The property is known as 99999 Windswept Drive. and PIN 9648-79-9066. For further information please contact Daniel Fleer, Urban Planner I, City of Asheville, PO Box 7148, Asheville, NC, 28802 or 828-259-5677.](https://sunshinemeetings.org/event/458/item/1469)

## Votes

- Motion to approve the minutes and the findings of fact and conclusions of law of the November 24th, 2025 regular meeting. — Passed, 4-0
- Motion to approve the new Board of Adjustment rules of procedure. — Passed, 4-0
- Nominate Mr. Wornall for Vice Chair. — Passed, 4-0
- Motion to approve the variance in accordance with the staff conditions as presented. — Passed, 4-0
- Motion to approve the order to stay the appeal. — Passed, 4-0
- Motion to approve the variance. — Passed, 4-0
- Motion to not approve the request for a rehearing of this variance. — Passed, 4-0

## Video & Transcript

- Recording: https://youtube.com/live/xFV8sNEzVXI?feature=share
- Transcript: https://sunshinemeetings.org/transcript/1068/segments

## Documents

- [Draft BOA Rules of Procedure.pdf](https://sunshinemeetings.org/event/458?document=3089)
- [agenda_2026-02-23.pdf](https://sunshinemeetings.org/event/458?document=3088)
- [minutes_2026-02-23.pdf](https://sunshinemeetings.org/event/458?document=13743)

## Sources

- [City of Asheville WordPress](https://www.ashevillenc.gov/government/meetings/board-of-adjustment-in-person-feb-23-2026/)
- [Public Input](https://publicinput.com/IG5120)