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From YouTube: Board of Adjustment – July 24, 2023
Description
Regular meeting of the City of Asheville Board of Adjustment.
Access the agenda and other meeting materials at the City of Asheville website: https://www.ashevillenc.gov/department/city-clerk/boards-and-commissions/board-of-adjustment/
Participate before and during the meeting on our public engagement hub: https://publicinput.com/P6833
A
You
know
me
the
meeting
will
not
come
to
order.
Welcome
to
the
July
24th
2023
city
of
Asheville
Board
of
adjustment
meeting.
My
name
is
Paul
wilzinski
and
I'm.
The
chair
of
this
board.
The
board
of
adjustment
is
a
quasite
Judicial
body
that
is
governed
by
the
North
Carolina
General
statutes
and
the
city's
unified
development
ordinance.
We
are
authorized
to
hear
requests
for
variances
from
the
city's
unified
development.
A
Ordinance
also
referred
to
as
the
Udo
appeals
from
final
determinations
made
by
City
officials
charged
with
enforcement
of
the
city's
Udo
requests
for
reasonable
accommodations
and
other
requests,
as
may
be
provided
in
the
city's
ordinances.
Our
first
agenda
item
is
review
and
Adoption
of
the
minutes
from
the
May
2023
meeting.
Is
there
a
motion
motion
to
accept?
Second,
all
in
favor
aye
opposed
to
meetings.
Are
the
minister
adopted?
A
We
now
begin
the
evidentiary
hearings
for
the
case
listed
in
the
agenda
in
hearing
cases
the
board
conducts
a
quasi-judicial
evidentiary
hearing.
That
means
it
is
like
a
court
hearing.
State
law
sets
specific
procedures
and
rules
concerning
how
this
board
must
make
its
decisions.
These
rules
are
different
from
some
other
types
of
land
use
decisions
like
rezoni
cases
which
are
legislative
in
nature.
A
This
board's
decisions
are
constrained
by
the
standards
in
the
city's
ordinance
and
the
facts
presented
of
the
area
the
board
hears
and
considers
evidence
presented
at
the
hearing
and
applies
the
standards
set
forth
in
state
law
and
the
city's
ordinance.
The
board
must
base
its
decisions
upon
competent
material
and
substantial
evidence
presented
at
the
Heritage.
If
you
will
be
speaking
as
a
witness,
please
focus
on
the
facts
and
standards,
not
personal
preference
or
opinion
participation
is
limited.
This
meeting
is
open
to
the
public.
Everyone
is
welcome
to
watch
parties
have
rights
to
participate
fully.
A
Parties
may
present
evidence
call
witnesses
and
make
legal
arguments.
Witnesses
May
testify
as
the
facts
to
which
they
are
competent
to
testify
so
long
as
those
facts
relate
to
the
legal
standards.
In
addition,
lay
or
non-expert
witness
testimony
is
limited
to
facts,
not
opinions
for
certain
topics.
This
Ford
needs
to
hear
opinion
testimony
from
expert
Witnesses.
A
These
topics
include
projections
about
impacts
on
property
values
and
projections
about
impacts
on
traffic
safety,
for
variance
requests
of
four-fifths
vote
of
the
board
is
required
to
Grant
the
variance
for
all
other
hearings
and
matters,
including
the
adoption
of
the
minutes.
The
decision
will
be
made
by
a
civil
majority
vote
of
the
board.
A
A
Do
you
swear
I'm
sorry,
do
you
solemnly
swear
or
affirm
that
the
evidence
you
shall
give
to
this
board
in
this
action
shall
be
the
truth,
the
whole
truth
and
nothing
but
the
truth?
Yes,.
B
Good
afternoon,
chair
board
members,
Tyler
Kelly,
with
planning
and
Urban
Design,
now
presenting
a
case
for
the
owner,
Trenton
Braswell,
167,
old
County,
Home,
Road,
Mr
braswell's,
seeking
a
variance
to
the
development
standards
in
7,
14,
1,
accessory
uses
and
structures.
We've
seen
quite
a
number
of
these
cases
this
year.
B
1988
720
square
feet
applicant
proposes
to
renovate
convert
the
existing
garage
into
an
Adu.
In
order
to
do
so,
we
have
to.
He
has
to
get
through
the
variance
process.
B
Just
to
review
the
minimum
setbacks
for
an
accessory
structure
in
all
residential
districts
is
six
feet
from
the
side
and
rear
property
lines.
The
proposed
adu's
northernmost
rear
corner
is
three
feet
from
the
rear
property
line.
The
building
is
on
a
slant
in
relation
to
the
rear
property
line,
such
that
the
southernmost
rear
corner
is
greater
than
six
feet
away
from
the
property
line.
I'll
show
that
in
the
exhibits.
B
B
I
took
a
screen
capture
of
the
exhibit
that
the
applicant
provided,
you
can
see
kind
of
got
some
utility
markers
and
some
setbacks
and
it's
harder
to
see.
But
the
property
line
is
here,
and
here
is
the
corner,
that's
closest
to
the
property
line
and
that's
three
feet.
So
that's
a
fifty
percent
variance
as
it
Slants
this
way
it
gets
to
six
right
about
just
after
the
center
of
the
building.
B
D
B
E
Are
there
any
other
questions?
I
have
a
question
and
kind
of
time
in
reviewing
these
documents,
I
didn't
realize
that
I
actually
knew
of
Mr
Roswell.
We
work
at
the
same
company,
never
socially
spent
time
together,
but
I,
don't
know
where
the
conflict
of
interest
lies
and
not
about
to
feel
better
about.
Speaking.
F
I
appreciate
you
all
hearing
me
on
this
I
can
answer
your
question.
The
best
I
can
I,
don't
have
firsthand
knowledge
of
it,
but
I'm
working
with
a
contractor
and
their
contractor
has
confirmed
to
me.
They
say
that
they've
sought
they've
talked
to
NSD
and
that
sure
easement
is
not
active
on
the
back
of
the
on
the
so
along
the
purple.
You
know
Red
Line.
F
And
forgive
me
if
I
I'm
not
exactly
sure
how
to
present
it.
You
know
this
is
a.
This
is
an
old
survey
again
that
I'm
under
the
impression
from
MSD,
that
that
isn't
something
they
have
or
need
or
want.
F
C
F
Okay,
I
also
talked
to
my
neighbor,
who
joins
the
back
of
the
property,
where
this
would
be
closest
to
and
ask
them
if
they
would
object,
and
they
do
not
so
I
got
a
I
got
an
email
from
them
as
a
letter.
Is
there
a
way
to
turn
that
in
as.
F
F
A
Is
there
a
motion
before
I
say
that
Oxford
Public
comment
but
I
don't
see
any
public
here
so.
F
E
B
B
C
C
B
C
That's
correct
to
a
dwelling,
so
when
I
ask
you
about
this,
okay,
thank
you.
Thank
you.
A
D
A
Foreign
board
members,
when
I
say
your
name,
please
say
I
or
name
is
gotchi
aye
Mr,
Smith,
aye,
Mr
van
Danish,
aye,
Ms,
Weiss,
aye
and
Paul
zinski,
says
Hi.
The
request
for
the
variants
is
approved.