Board of Adjustment – May 19, 2025

Board of Adjustment Addresses Historic Preservation & Flood Regulations in Biltmore Village

The City of Asheville’s Board of Adjustment convened on May 19, 2025, to address a range of requests related to zoning variances and appeals. This quasi-judicial board, operating under state and city ordinances, plays a crucial role in balancing modern regulations with the preservation of Asheville’s unique historic character. The meeting primarily focused on three variance requests within the Biltmore Village Historic District, grappling with the complexities of flood hazard regulations and historic preservation.

The Board approved three key variance requests, all centered around properties in Biltmore Village. First, a variance was granted to Nightcap LLC at 176 East Chestnut Street, allowing for adjustments to the rear property line setback as part of an exempt subdivision. This approval came with a condition: Nightcap LLC must submit a revised plat accurately depicting the property’s orientation. Secondly, variances were approved for properties at 14 and 26 Lodge Street, both owned by Joseph Fitzgerald. These variances will allow for necessary repairs to historic structures without fully complying with current flood protection standards, ensuring the buildings’ historical character is preserved. The Board recognized the delicate balance between adhering to flood safety regulations and safeguarding Asheville’s architectural heritage, a recurring theme throughout the meeting.

Discussion centered on navigating these challenges, particularly concerning flood protection requirements within historically significant areas prone to flooding. Staff from the Planning & Urban Design department, including Sam Starbaum, clarified the concept of “exempt subdivisions” and explained the difficulties in reconciling flood mitigation with historic preservation efforts. The Board heard about the importance of utilizing flood-resistant materials and understanding Duke Energy's requirements for electrical equipment, highlighting the multifaceted considerations involved in these decisions. Board Chair Suzanne Godsey emphasized the Board's commitment to upholding legal standards, while applicant attorney David Swords underscored the importance of property rights and preventing overly rigid interpretations of zoning laws.

Limited public comment was received during the hearing process, with participants adhering to established guidelines for testimony and evidence. While community input was not extensive, the discussions clearly demonstrated a shared concern for preserving Biltmore Village's unique charm while ensuring public safety.

Looking ahead, Nightcap LLC is required to submit a revised plat for review. All approved variance cases will necessitate future construction or rebuilding projects to comply with underlying zoning standards. Applicants in all cases will continue collaborating with Alex Cole, the city's historic resources planner, to ensure alignment with preservation guidelines. The Board’s decisions reflect a commitment to thoughtfully navigating the complexities of balancing modern regulations with the preservation of Asheville's historic character, a task that will continue to require careful consideration and collaboration within the community.