Asheville, North Carolina Board & Commission Meetings, 27 Mar 2023

Previous Meeting Next Meeting

⏯

youtube image

►

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

Governed by the North Carolina, General statutes and the city's unified development ordinance, we are offices from the city's Udo appeals from final determinations by City officials charged with.

B

A

Of the city's UVA requests for reasonable accommodations and other requests, as may be provided.

A

C

First, agenda.

A

Item is the review and Adoption of minutes from the February 27 2023 meeting we received those today. um Okay, all in favor, say aye aye.

C

um Now we began the.

B

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

Participation is limited. This meeting is open to the public. Everyone is welcome to watch parties. Have these have evidence, call witnesses and make legal arguments. Witnesses May testify as to facts to which they are competent to testify so long as those facts relate to the legal standards.

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

So at this time we will administer the own for all individuals who intend to.

B

Provide witness.

A

Testimony please stand if you plan to provide testimony.

A

Do you solemnly swear or affirm that the evidence you shall give to the board in this action shall be the truth, the whole truth and nothing but truth.

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 um 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 um 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 um and then I think that large structure next to it is the 10 Brook Street.

C

Here's a close-up of the site, Ariel.

C

And then street view there's some.

C

Here's what the applicant provided the schematic plan. There are three parking parallel parking spaces in front of the structure.

C

um 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 um 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

It would allow for like two feet of maneuvering on the property if they were to have parking like front end parking on the site, um and so because, typically you need 18 feet and then 24. Sometimes you could get away with a little bit less for maneuvering in and out for. There's two-way traffic.

C

And so the site is the yellow star, um and then the blue star is where the remote parking will be located.

C

At 12, All, Souls Crescent.

C

I think that's it pretty basic. Do you have any questions.

C

What is it the blue store now currently.

B

B

uh What are the plan hours of operation.

A

Speak, okay, do you have anything to say on the front end and then you can answer their.

B

Questions cool yeah, uh so I'm, Nathaniel, Webster architect, with ARCA design and applying on behalf of the owner. um 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 uh 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 uh this um 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 um in in any kind of reasonable proximity to the to the site.

A

B

A

B

For a fact that the owner reached out to them to uh see if they could uh 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 um that you can't do that and, as you can see directly across from the uh from the spacing or from the property in question, is that um kind of triangular shaped Plaza that has a fair amount of public parking around it.

C

B

A

C

A

Okay, seeing none we can open up um 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.

A

um Is there a motion.

C

A

Second, a second okay: um is there any discussion we need to have.

B

B

Would be just to meet the zoning requirement for the foreign.

A

Village Parks, wherever they can go unless there's a parking lot that says don't park here, we'll tell you.

A

C

A

Anyone else have any comments all right. Well then, when I say your name, please say: I or nay, um Mr Newman, aye, Mr, findanish, aye, Mr, Smith, aye, Ms, wisely um and I am an I. So the motion carries and it's approved, I guess as well and uh I. Guess: there's nothing else this month. So does somebody carefully adjourn.