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

Meeting Overview On June 23, 2025, the City of Asheville Board of Adjustment held an in-person meeting to address zoning and flood-related variance requests. As a quasi-judicial body, the Board conducted evidentiary hearings focused on factual evidence and legal procedures. The agenda included the approval of minutes from the May 19, 2025 regular meeting, a zoning variance request from Lindsey Hamer, and a flood-related variance request from Joseph Fitzgerald.

Key Decisions The Board unanimously approved the minutes from the May 19, 2025 meeting. Regarding the zoning variance request for Lindsey Hamer at 5 White Avenue, the Board denied the request, determining that there was insufficient evidence to support the hardship required for granting the variance. For the flood-related variance request from Joseph Fitzgerald at 1 Swan Street, the Board approved the request with conditions. These conditions, recommended by staff, ensure compliance with FEMA regulations and historic preservation guidelines.

Discussion Highlights A significant portion of the discussion centered on the distinction between "standing" and "participation." The Board clarified that standing allows for full legal participation, including cross-examination and presenting evidence, while participation allows for speaking but not formal legal proceedings. Standing was granted to Catherine Rebecca Massey and Kathy Connor for the Hamer variance due to their proximity as neighbors. Sophie Dixon, representing the Shiloh Community Association, was denied standing but was allowed to participate in the hearing.

The Board also discussed the concept of "7F parcels," which are areas identified as vulnerable to change and subject to slightly different development standards. Board Chair Suzanne Godsey emphasized the Board’s role as a quasi-judicial body governed by state law and city ordinances. Sam Starbaum from Planning & Urban Design provided detailed explanations regarding the variance process, flood regulations, and the significance of 7F parcels. Additionally, the Board disclosed a prior communication with a citizen regarding the Hamer variance to ensure transparency as required by law.

Community Input Several residents from the Shiloh neighborhood voiced concerns about potential displacement, loss of trees, increased runoff, and changes to the character of their historic community due to development projects. They emphasized the importance of preserving legacy neighborhoods and ensuring that new construction aligns with community planning goals. Neighbors of the 5 White Avenue property expressed concerns about potential driveway access issues, increased flooding risk due to paving over gravel, and the loss of trees.

Follow-ups Planning staff agreed to investigate options for a shared driveway easement at 7 White Avenue. Staff also agreed to review and clarify the calculation of the variance percentage for the Hamer case. The applicant for the flood variance at 1 Swan Street is required to comply with all staff-recommended conditions.

Impact The denial of the variance at 5 White Avenue means the proposed subdivision cannot proceed as requested under the current flag lot width standards. The approval of the flood variance at 1 Swan Street allows for the repair of a historic structure damaged by Hurricane Helene without fully complying with current flood protection standards, aiming to preserve its historic character while adhering to specific safety conditions. These decisions reflect the Board's application of the Unified Development Ordinance and its balancing of development requests with community character and safety regulations.