Board of Adjustment – April 28, 2025

Board of Adjustment Meeting Recap: April 28, 2025

On April 28, 2025, the City of Asheville Board of Adjustment held a formal meeting to review requests for exceptions to city development rules, a process known as a "quasi-judicial evidentiary hearing." The meeting saw the welcoming of new board member James Mornell and the formal appointment of Marie Taylor as Secretary, alongside approvals for minutes from previous meetings. The primary focus was on two significant requests impacting property owners and the broader community.

The most substantial discussion centered around a variance request from Richard Cundiff regarding a property at 32 Dalton Street. Mr. Cundiff is seeking permission to convert an existing, unfinished structure on his 1.8-acre property into an Accessory Dwelling Unit (ADU). The current city regulations limit ADU size, and Mr. Cundiff's existing structure exceeds that limit at 1,061 square feet – he is requesting an increase from the allowed 800 square feet. Following detailed presentations from city staff outlining the variance process and property specifics, neighbor David Schulting spoke in favor of the request, emphasizing the positive impact the completed ADU would have on his neighborhood. After careful consideration, the Board unanimously approved Mr. Cundiff’s variance request, with a crucial condition: he must obtain approval from the Historic Resources Commission and work closely with city staff to ensure compliance with flood regulations. This decision demonstrates a commitment to balancing adherence to development guidelines with recognizing existing structures and neighborhood improvements.

The meeting also addressed a flood variance request at 10 Bilmore Plaza, stemming from storm damage that necessitates adjustments to meet National Flood Insurance Program (NFIP) regulations while preserving the building’s historic character. City staff explained the complexities of these federal guidelines and their intersection with local preservation efforts. Due to the intricacies involved, the Board decided to defer a decision on this matter and will revisit it at a future meeting. Staff has been tasked with providing the Board with additional information on FEMA guidance and flood-resistant materials to inform their future deliberations.

Beyond the specific requests, the meeting highlighted ongoing discussions within the city regarding Accessory Dwelling Unit regulations and potential revisions to existing ordinances. This indicates a broader effort to adapt city policies to evolving community needs.

What’s Next?

• Richard Cundiff must now secure a Certificate of Appropriateness from the Historic Resources Commission.
• City staff will continue to collaborate with Mr. Cundiff on flood-related requirements for his property at 32 Dalton Street.
• The Board of Adjustment will reconvene to address the flood variance request at 10 Bilmore Plaza, armed with additional information from city staff.

This meeting underscored the Board of Adjustment’s vital role in navigating complex development issues, balancing regulatory requirements with individual circumstances and historic preservation. Residents can expect further updates on both the 32 Dalton Street project and the ongoing deliberations regarding the 10 Bilmore Plaza variance at future Board meetings.