Board of Adjustment – March 24, 2025

Board of Adjustment Meeting Recap – March 24, 2025

The City of Asheville Board of Adjustment convened on March 24, 2025, to review several variance requests and address procedural matters. As a quasi-judicial body operating under North Carolina General Statutes and the City’s Unified Development Ordinance (UDO), the Board's decisions are based on legal standards and evidence, rather than public opinion. This meeting primarily focused on addressing challenges related to Accessory Dwelling Unit (ADU) variance requests, a topic of increasing concern for many residents.

The bulk of the meeting centered on three specific variance requests. First, a request at 125 Louisiana Avenue was approved, allowing the conversion of an existing garage into an ADU despite it being closer than permitted to a side property line and exceeding maximum ADU size limitations. Similarly, the Board approved a variance request at 99999 Norfolk Street, enabling construction of a single-family home on a challenging lot with unique shape and aquatic buffer considerations. Finally, the variance request at 47 Baird Street was also approved, allowing an existing garage to be converted into an ADU with adjustments to setback requirements. In all three cases, the Board carefully considered the applicant's circumstances and weighed them against existing zoning regulations.

Beyond these individual cases, a significant portion of the discussion revolved around the current process for ADU variance requests. Board members and staff acknowledged that the existing system is cumbersome, leading to a high volume of applications. Planner Sam Starbaum stated plainly that the current process is "a failure of regulation," highlighting the need for change. Fortunately, City staff and Asheville City Council are actively working on comprehensive updates to UDO regulations related to ADUs, aiming for a more streamlined and efficient process. These upcoming changes are expected to address many of the recurring issues currently seen in variance applications, potentially reducing the need for these requests in the future.

Public participation was limited at this meeting; no members of the public offered testimony or comments. However, two flood variance requests – concerning properties at 1 Swan Street and 30 Lodge Street – were continued, pending a rescheduled hearing date to be coordinated between the applicants and Board staff.

Looking ahead, residents should anticipate further developments regarding ADU regulations as the City Council finalizes its UDO updates. Those interested in learning more about these changes are encouraged to follow the City’s official channels for updates. The Board will also need to reschedule hearings for the flood variance requests at 1 Swan Street and 30 Lodge Street. This meeting underscored the Board’s commitment to upholding zoning regulations while also recognizing the need for improvements to streamline processes and address evolving community needs.