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From YouTube: Board of Adjustment – March 27, 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
A
Item
is
the
review
and
Adoption
of
minutes
from
the
February
27
2023
meeting
we
received
those
today.
Okay,
all
in
favor,
say
aye
aye.
A
Hearings
for
the
cases
listed
on
the
agenda.
We
only
have
one
today
and
here
and
he
award
conducts
the
quasi-judicial
evidence
route.
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
rezoning
cases
which
are
legislative.
A
This
board's
decisions
are
constrained
by
the
standards
in
the
city's
ordinance
and
the
facts
presented
at
the
hearing
hearing
the
board
hears
and
considers
evidence
presented
at
the
hearing
and
applies
to
classes
and
the
city's
order.
The
board
must
face
its
decisions
upon
competent
material
and
substantial
evidence
presented
at
the
hearing.
You'll
be
speaking
as
a
witness.
Please
focus
on
the
facts
and
standards,
not
personal
preference
or
opinion.
A
A
In
addition,
lay
or
non-expert
witness
testimony
is
limited
to
facts,
not
opinions.
Certain
topics,
this
Board
needs
to
hear
opinion
testimony
from
expert
with
witness.
These
topics
could
include
projections
about
impacts
and
property
values
and
projections
about
impacts
on
traffic
safety,
for
variance
requests.
A
four-fifth
vote
of
the
board
is
required
to
Grant
variants
for
all
other
hearings
and
matters,
including
the
adoption
of
the
minutes.
The
decision
we
made
by
civil
majority
vote
Witnesses
must
swear
or
harm
their
testimony.
A
All
right,
so
our
first
case
today
is
mariance.
The
owner
sells
slope,
Apothecary
real
estate
LLC
and
the
applicant
Nathaniel
Webster
of
Market
design
pllc
requesting
a
variant
to
7-Eleven
2E
to
promote
parking
of
the
unified
development.
Ordinance
is
seeking
relief
from
the
500
foot,
maximum
walking
distance
from
principal
use
located
at
2
and
6
Brook
Street
with
Penn
9648-60-9201.
The
petitioner
is
requesting
a
4103
foot
extension
to
the
500
foot,
maximum
totaling
at
903
feet
from
the
property
remote
parking
to
be
located
at
12,
All,
Souls,
crescents.
C
All
right
good
afternoon,
chair
and
board
I'm
Nancy,
Watford
developments,
stormwater
supervisor
and
Zoning
supervisor,
I,
guess
no
and
development
services
department
so
and
today
we're
looking
at
the
two
and
six
Brook
Street
shared
parking
variants.
C
So,
as
the
chair
stated
that
this
is
the
variance
for
from
the
shared
and
remote
parking
standard
that
which
we
require
shared
parking
agreements
to
be
within
500,
well
feet,
walking,
distance
of
the
property
and
the
principal
use
that
is
located
on
so
they're,
requesting
an
additional
for
403
feet
for
a
total
of
900
and
three
feet.
Walking
distance.
C
Zach
we've
seen
this
proud:
we've
seen
this
property
to
before
in
this
development
for
the
flood
variants,
so
the
location
of
the
property
is
in
Biltmore
Village
in
the
historic
district
at
two
and
six
Brook
Street.
There
are
two
structures
that
are
getting
a
Breezeway
between
them
and
then
I
think
that
large
structure
next
to
it
is
the
10
Brook
Street.
C
C
They
have
some,
so
the
project
has
to
go
through
a
level
one
for
full
site
compliance
which,
as
you
can
see,
that
they
have
some
sort
of
parking
back
that
because
of
the
site
constraints
that
that
parking
will
probably
not
be
allowed
to
be
to
remain
as
there's
not
enough
distance
for
the
poor
parking
and
maneuvering
in
and
out
of
a
parking
space.
So
parking
space
is
nine
by
18
feet
in
depth
and
they
have
about
19
feet
to
the
property
line
for
maneuvering
and
that
wouldn't
so.
C
C
And
so
the
site
is
the
yellow
star,
and
then
the
blue
star
is
where
the
remote
parking
will
be
located.
B
B
Questions
cool
yeah,
so
I'm,
Nathaniel,
Webster
architect,
with
ARCA
design
and
applying
on
behalf
of
the
owner.
The
the
two
buildings
will
function
together
but
at
times
independent
to
go
into
your
question
about
the
hours
of
operation.
B
I
think
the
the
plan
hours
of
operation
are
likely
from
around
noon
until
probably
eight
o'clock
for
the
two
to
four
Brook
Street
space
and
then
the
sixth
Brook
Street
would
be
in
an
evening
only
hours
of
operation,
from
probably
five
until
10
or
11
I
would
say,
and
in
the
process
of
sending
all
the
documentation
and
Nancy
had
asked
about
the
owner's
attempts
to
secure
a
parking
agreement
closer
to
not
have
to
go
through
the
this
variance
request.
B
I
can't
say
that
the
owner
reached
out
to
every
single
property
owner
closer
but
I
know
that
they
spent
a
couple
of
months
and
delayed
the
project
significantly
trying
to
get
this
parking
agreement
in
place,
and
that
was
the
closest
that
she
was
able
to
find
in
in
any
kind
of
reasonable
proximity
to
the
to
the
site.
B
A
B
For
a
fact
that
the
owner
reached
out
to
them
to
see
if
they
could
have
a
written
agreement
for
their
parking,
they
did
not
agree
to
that.
But
I
I
mean
I
personally
have
parked
under
there
before
going
to
other
locations
in
Portland,
Vision
I,
don't
believe,
there's
any
signage.
That
says
that
you
can't
do
that
and,
as
you
can
see
directly
across
from
the
from
the
spacing
or
from
the
property
in
question,
is
that
kind
of
triangular
shaped
Plaza
that
has
a
fair
amount
of
public
parking
around
it.
B
A
A
Okay,
seeing
none
we
can
open
up
for
public
comment
open
up
for
a
public
hearing,
seeing
as
there's
no
one
to
speak.
For
that,
we'll
close
the
public
hearing.
C
A
Second,
a
second
okay:
is
there
any
discussion
we
need
to
have.
B
C
A
Anyone
else
have
any
comments
all
right.
Well
then,
when
I
say
your
name,
please
say:
I
or
nay,
Mr
Newman,
aye,
Mr,
findanish,
aye,
Mr,
Smith,
aye,
Ms,
wisely
and
I
am
an
I.
So
the
motion
carries
and
it's
approved,
I
guess
as
well
and
I.
Guess:
there's
nothing
else
this
month.
So
does
somebody
carefully
adjourn.