Board of Adjustment (In-Person) (Oct 27, 2025)

Meeting Overview The City of Asheville Board of Adjustment held an in-person meeting on October 27, 2025. The primary focus of the session was the review and decision on two flood variance requests, alongside the approval of administrative minutes.

Approval of Minutes The board approved the minutes and findings of facts from the meeting held after September 22, 2025. This decision was made based on competent material and substantial evidence presented, in adherence to state law.

Flood Variance Decisions The board considered two requests from applicant Kevin Westmoreland for variances from Section 7121E2E of the Unified Development Ordinance (UDO) regarding flood hazard reduction standards. Both properties are located in the Biltmore Village, zoned CB1, and are historic structures. The variances were requested to allow for repairs without full compliance with flood protection standards, thereby preserving the buildings' historical character.

For the property at 3 Boston Way, the board unanimously approved the variance. The decision was subject to seven staff conditions, which prioritize public records and FEMA compliance. Similarly, for the property at 4 All Souls Crescent, the board unanimously approved the variance, also subject to seven staff conditions.

Discussion Highlights Planner Sam Starbaum presented both cases, emphasizing that variances run with the land and allow for the continued operation of the historic buildings. He noted the importance of adhering to FEMA standards and advised working with city staff, specifically Nancy Watford or Marie Taylor, for floodplain compliance. The board was reminded that staff does not typically make recommendations on variances, particularly flood variances. Discussion also centered on the definition of "substantially damaged" and how it applies to the properties, noting that while repair costs for 4 All Souls Crescent are expected to exceed 50% of the building's value (which would classify it as substantially damaged), the current calculation shows 24.1% of the building value is damage. Additionally, the location of 4 All Souls Crescent was noted as being within a community business fund, a rare occurrence for the Unified Development Ordinance in Asheville.

Administrative Updates The Chair announced that updated rules of procedure and a member handbook are being finalized and will be shared with the board.

Impact on Residents These decisions allow for the repair of two historic buildings in the Biltmore Village while navigating strict flood regulations. The approvals are contingent upon specific conditions, including obtaining CA-Minor/Major works permits, working with historic preservation and floodplain administrators, submitting a signed flood action plan, elevating HVAC and electrical systems, using flood-resistant materials, and confirming the presence of a sewer backwater preventer. This ensures that while the historic character of the buildings is preserved, necessary flood mitigation measures are implemented to protect the properties and the community.