Board of Adjustment (In person) (Jun 23, 2025)

Board of Adjustment Meeting Recap: June 23, 2025 – Protecting Neighborhood Character and Historic Preservation

On June 23, 2025, the City of Asheville Board of Adjustment convened a meeting focused on addressing specific property variance requests and clarifying procedures for community participation. This meeting, conducted as a quasi-judicial proceeding (meaning it followed specific legal guidelines), centered on two key cases and involved significant input from residents, particularly those in the Shiloh neighborhood.

Key Decisions & Votes: The Board made two significant decisions following detailed discussions and presentations. First, they denied a variance request from Lindsey Hammer regarding the subdivision of her property at 5 White Avenue. This denial stemmed from a lack of sufficient evidence demonstrating the hardship required to justify deviating from existing zoning regulations. Secondly, they approved a flood variance for Joseph Fitzgerald at 1 Swan Street, allowing repairs to his historic structure damaged by Hurricane Helene. This approval was contingent upon the applicant adhering to staff-recommended conditions ensuring compliance with both FEMA flood regulations and historic preservation guidelines.

Discussion Highlights: 7F Parcels, Legacy Neighborhoods & Procedural Clarity: A considerable portion of the meeting revolved around discussions surrounding 7F parcels and their impact on legacy neighborhoods like Shiloh. Board members and city staff emphasized the vulnerability of these areas to development pressures and the importance of carefully considering any variances that could alter their character. The Board also clarified procedures regarding "standing" (the right to fully participate in a hearing) versus simply “participating” (the ability to speak), and disclosed a prior communication with a citizen regarding the Hammer variance, ensuring transparency as required by law.

Community Input: Shiloh Concerns & Neighbor Voices: Residents of the Shiloh neighborhood were vocal in their concerns regarding potential displacement, loss of trees, increased runoff, and the overall impact of development on their historic community. They underscored the need for new construction to align with existing community planning goals and respect the unique character of Shiloh. Neighbors of 5 White Avenue also voiced concerns about potential driveway access issues and increased flooding risk related to the proposed subdivision. The Board granted standing to speak on the Hammer variance to two neighbors, Catherine Rebecca Massey and Kathy Connor, recognizing their proximity to the property. While Sophie Dixon from the Shiloh Community Association was denied standing, she was permitted to participate in the hearing.

Action Items & What's Next: Several action items were identified following the meeting to address concerns raised and ensure proper follow-up. City planning staff will investigate options for a shared driveway easement at 7 White Avenue, and review the variance percentage calculation in the Hammer case. Joseph Fitzgerald is now responsible for complying with all conditions outlined by city staff related to his approved flood variance.

Why This Matters to Residents: The decisions made at this Board of Adjustment meeting have a direct impact on the character and future development of Asheville neighborhoods. The denial of the Hammer variance reinforces the importance of adhering to existing zoning regulations and protecting neighborhood integrity. Approving the Fitzgerald variance, with conditions, demonstrates a commitment to preserving historic structures while ensuring public safety. The discussions surrounding 7F parcels and legacy neighborhoods highlight the ongoing effort to balance growth with preservation, ensuring that development respects the needs and concerns of existing residents. Citizens are encouraged to stay informed about future Board of Adjustment meetings and participate in the planning process that shapes our community.