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

Asheville Board of Adjustment Meeting Recap – August 25, 2025

On August 25, 2025, the City of Asheville’s Board of Adjustment (BOA) convened a quasi-judicial hearing at City Hall to address several requests related to city development rules. The meeting, open to the public, primarily focused on two key matters: a variance request for a new home construction and an appeal concerning the permissibility of short-term rentals. The Board, comprised of appointed community members and led by Chair Suzanne Godsey, followed established legal procedures to ensure fairness and adherence to North Carolina law.

The meeting began with the routine approval of minutes from their previous meeting on June 23, 2025. The bulk of the session was dedicated to a request from Skylar Levinson seeking variances to setback requirements for a new single-family home being built at 9999 Campground Road. The property’s small size (4,791.6 square feet) presented a challenge in complying with standard setback rules, necessitating the variance to allow for construction. City Planner Madeline Stone presented details of the request, outlining the property’s dimensions and the proposed reductions. Applicant Skylar Levinson explained the difficulties in building within existing regulations, emphasizing the need for the variance. The second major focus was an administrative appeal concerning a zoning determination at 17 North Market Street, where the city had determined that units could operate as short-term rentals like Airbnb. This decision is being challenged, with discussions centering on the application of state laws and their impact on local short-term rental regulations. Expert witness Gerald Green provided testimony regarding the application of state laws related to vested rights, adding a layer of complexity to the deliberations.

While the meeting was open for public comment, no members of the public chose to speak on either matter. The Board engaged in extensive discussion and debate regarding both cases, particularly focusing on the application of state laws to local zoning ordinances. Chris Collins, Assistant Director of Planning & Urban Design, clarified the city’s reasoning behind the short-term rental determination. The Board requested further investigation and discussion regarding the 17 North Market Street case, specifically concerning how state laws on vested rights apply to short-term rental regulations.

Ultimately, the Board did not reach a final decision on either the variance request for 9999 Campground Road or the administrative appeal concerning 17 North Market Street. Both matters remain pending, requiring further review and deliberation by the Board at a later date. The Board will continue to evaluate the Campground Road variance request and the 17 North Market Street appeal. Residents can expect further updates as these matters progress through the review process.

This meeting highlights ongoing efforts to balance development needs with established zoning regulations and state laws. The decisions made by the Board of Adjustment directly impact property owners, residents, and the overall character of Asheville’s neighborhoods. Residents interested in following these cases or learning more about the Board of Adjustment's role can contact Zoning Services at 828-259-5450 for more information.