Board of Adjustment (In-Person) (Aug 25, 2025)

Meeting Overview The City of Asheville Board of Adjustment held an in-person quasi-judicial meeting on August 25, 2025. As a quasi-judicial body, the Board reviews requests for variances from the City’s Unified Development Ordinance (UDO) and hears appeals of decisions made by city officials. The agenda included the approval of minutes from the previous regular meeting, a zoning variance request, and an administrative appeal.

Minutes Approval The meeting began with the approval of the minutes and Findings of Fact and Conclusions of Law from the Board’s June 23, 2025 regular meeting. The motion to approve these minutes was passed by a unanimous vote.

Zoning Variance: 9999 Campground Road The Board heard a request for a zoning variance from applicant Skylar Levinson regarding a property at 9999 Campground Road in East Asheville. The request seeks modifications to setback requirements to allow for the construction of a new single-family home on a small lot measuring 4,791.6 square feet. Madeline Stone, City Planner, presented the details of the request, outlining the property size and the proposed reductions in setbacks. Applicant Skylar Levinson testified regarding the challenges of building a home within existing setback standards on the lot. The Board did not make a final decision on this variance request during the meeting; instead, they continued to review the matter.

Administrative Appeal: 17 North Market Street A significant portion of the meeting was dedicated to an administrative appeal concerning a zoning determination at 17 North Market Street. The appeal challenged a February 21, 2025, determination by Chris Collins, Assistant Director of Planning & Urban Design, which allowed units in the building to operate as short-term rentals. Chris Collins explained the city’s zoning determination, referencing state laws and the history of regulations. Carli Gillingham, City Assistant Attorney, presented the case on behalf of the city. An expert witness, Gerald Green, provided testimony on the application of state laws regarding vested rights and their relation to zoning regulations. The Board did not issue a final decision on this appeal at this meeting and stated they would continue deliberations at a later date.

Procedural Context and Next Steps Board Chair Suzanne Vernon Godsey administered oaths to witnesses and explained the Board’s role and authority under North Carolina law, including the requirement for a four-fifths vote for variances and a simple majority for other matters. The Board requested additional information and discussion regarding the 17 North Market Street case, specifically concerning the application of state laws related to vested rights. No members of the public spoke during the meeting. The Board indicated that it will continue to review both the variance request and the administrative appeal, with decisions to be made at a later date.