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From YouTube: Board of Adjustment
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B
Okay,
the
meeting
will
now
come
to
order.
Welcome
to
the
september
27
2021
city
of
asheville
board
of
adjustments
meeting,
my
name
is
pratik
bhakta
and
I'm
chair
of
the
board.
The
board
of
adjustments
is
a
quasi-judicial
body
that
is
governed
by
the
north
carolina
general
statutes
and
the
city's
unified
development
ordinance.
B
We
are
authorized
to
hear
requests
for
variances
from
the
city's
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
committee,
members
and
staff
are
participating
virtually.
We
appreciate
your
patience
as
we
work
through
some
committee
committee
meetings.
A
bit
differently.
B
We
are
streaming
live
on
our
virtual
engagement
hub,
which
is
accessible
through
the
virtual
engagement
hub
link
on
the
front
page
of
the
city
website,
and
also
linked
on
the
board
of
adjustments
page.
We
also
have
an
option
for
the
public
to
listen,
live
by
phone
dial,
eight,
five,
five,
nine
two:
five:
two:
eight
zero
one
and
when
prompted
enter
code,
nine,
two
five,
five
again
I'll
restate
this
for
anyone
listening
the
public
may
participate
by
dialing,
eight
five,
five
855-925-2801.
B
And
when
prompted
enter
code
9255,
the
automated
system
will
ask
you
to
press
star
3
to
be
heard
and
for
those
of
you
out
there
with
us
today
welcome.
I
will
now
go
through
the
roll
call
and
introduce
all
the
committee
members
who
are
participating
virtually
please
make
sure
to
unmute
your
microphone.
If
you
are
not
speaking
when
you
have
a
question
or
would
like
to
speak
under
mutual
microphone,
please
remember
to
mute
it
after
you're
done
speaking,
okay
committee
members,
as
I
call
your
name,
please
introduce
yourself
or
I'm
sorry
I'll,
introduce
you.
B
Please
say
a
quick
hello
bill.
Newman
carter,
webb,
hey.
B
Suzanne
godsey
good
afternoon,
paul
wozinski,
here,
okay
and
myself,
pratik
bhakta
again
also
with
this
today
is
our
assistant
city
attorney
eric
edgarton.
B
I'd
also
like
ask
that
anyone
speaking
today
introduce
their
including
staff
to
state
their
names
and
titles
for
the
record.
Before
speaking,
we
have
three
agenda
items
today
to
help
our
audience
follow
along
I'll
state,
each
section
of
the
agenda
aloud
and
do
a
vocal
roll
call
for
each
vote
afterwards.
Additionally,
I'll
ask
that
committee
members
raise
their
hand
to
speak
and
I
will
call
upon
them,
but
if
you,
if
you
must,
you
can
interrupt
as
well.
B
The
first
item
on
the
agenda
is
the
approval
of
the
august
2021.
Meeting
minutes
july
is
still
out
there
and
we
will
get
to
it
when
those
meeting
minutes
are
finished
board.
I'm
looking
for
emotion,
it's
removed.
B
Okay,
I
have
a
motion
and
a
second
any
discussion.
B
None?
Okay
meetings
have
been
ratified.
Okay,
we
will
now
begin
the
evidentiary
hearings
for
the
cases
listed
on
the
agenda.
In
hearing
cases,
the
board
conducts
a
quasi-judicial
evidentiary
hearing.
That
means
it
is
like
a
core
hearing.
The
state
law
sets
specific
procedures
and
rules
governing
concerning
how
this
board
must
make
its
decision.
B
B
The
board
hears
and
considers
evidence
presented
at
the
hearing
and
applies
a
standard
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
hearing.
If
you
will
be
speaking
as
a
witness,
please
focus
on
the
facts
and
standards,
not
personal
preferences
or
opinions.
B
Participation
is
limited.
The
meeting
is
open
to
the
public.
Everyone
is
welcome.
To
watch
parties
have
rights
to
participate
fully.
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
board
needs
to
hear
opinion
testimony
from
expert
witnesses.
B
These
topics
include
projections
about
impacts
on
property
values,
projections
by
impact
on
traffic
safety
for
various
requests.
A
fourth,
this
vote
of
the
board
is
required
to
grant
the
variance
for
all
other
hearing
and
matters,
including
the
adoption
of
minutes.
The
decision
will
be
made
by
a
simple
majority
vote
of
the
board.
D
B
Okay,
our
we
have
two.
We
have
two
cases
on
our
agenda
today.
The
first
is
the
petitioner
mike
lavoy,
on
behalf
of
the
owner,
9999
hazel
mill.
Road
llc
are
requesting
a
variance
to
the
development
standard
found
in
section
7-12-2
e
sub
2,
a
mandatory
standards
for
land,
disturbing
activities
and
aquatic
buffers
of
the
udo.
B
A
E
A
Hey
this
is
ricky,
I'm
calling
in.
Does
everybody
hear
me?
Okay,
okay,
I
I'm
hearing
it
repeat
critique
about
three
times,
and
so
nobody
else
is
having
that
problem.
For
some
reason,
I'm
getting
three
voices
back
anyway.
I
will
call
in-
and
you
still
see
me
are
we
on
the
hazel
mill
road,
one,
I'm
sorry.
I
got
distracted.
A
A
B
Okay,
do
you
affirm
the
testimony
you'll
be
given
today
is
the
truth,
the
whole
truth
and
nothing
but
the
truth.
G
A
As
most
of
us.
Think
of
the
flood
plain
the
orange
portion
kind
of
just
to
the
west
of
that
is
the
2
10th
or
what
we
commonly
refer
to
as
the
500
year.
A
The
green
line
down
the
northern
portion
of
the
property
represents
the
approximate
location
of
the
sewer
line
for
msd
blue
line.
Parallel
to
it
is
also
would
be
a
presumed
jurisdictional
stream,
that's
enumerated
by
miss
watford's
slide,
and
then
she
also
indicates
an
existing
storm
water
pipe
there
to
the
kind
of
left
center
of
the
screen
coming
under
hazel
mill.
Road.
A
Nancy,
would
you
like
to
maybe
explain
what
this
exhibit
is
on
resolution
10
141,
I
think
it's
most
to
do
with
aquatic
buffers
is.
Is
that
correct.
H
Yes,
that's
correct
in
our
ordinance
for
post
construction
aquatic
buffer
uses
for
the
30-foot
aquatic
bumper.
This
is
our
table
of
uses
with
mitigation
or
without
mitigation
of
what
is
allowable.
H
A
Exhibit
c
this
shows
a
street
view.
Looking
kind
of
to
the
right
is
the
property
it's
a
couple
years
old.
This
is
may
2019
just
gives
you
an
idea
of
what
that
road
fringe
looks
like
new.
Belgium
would
be
on
the
left
of
the
screen
kind
of
sidewalks.
The
new
ones
on
the
left
would
be
the
new
belgium,
frontage.
A
A
A
The
new
belgium
site
here
to
the
southeast
and
purple
is
the
rad
industrial
zoning
district
gray
area
to
the
north
is
actually
right
away
area
as
part
of
the
ie240
1923
corridor.
So
that's
not
privately
owned
is
publicly
owned
right
away
and
not
really
zoned
so,
hence
the
gray
color
to
the
southwest.
You
see
some
rm8
there's
some
cb1
along
hazel
mill,
road
to
the
west
of
the
zoning
area
and
then
there's
some
highway
business
to
the
west
northwest.
A
Just
to
say
this,
rad
nt
does
allow
for
a
variety
of
commercial
multi-family
uses
within
that
zoning
district.
So
it's
a
more
intense
zoning
district
than
would
be
the
rm8
so
get
into
the
petitioner's
slides
here.
Just
a
little
bit
that
we've
incorporated
this
is
exhibit
one
existing
conditions.
A
I
can
let
the
petitioner
explain
in
more
detail
what
the
colors
represent,
but
the
best
it
looks
like
the
pink
area
to
the
right
is
a
wetland
buffer
area.
Excuse
me
not
the
pink,
the
blue
line,
that's
adjacent
to
that
and
then
there's
a
existing
wetland,
that's
in
green
that
they
indicate
to
be
remaining.
A
The
petition
was
provided,
exhibit
two
proposed
site
plan.
As
you
see,
the
building
is
outlined
in
gray,
on
top
of
those
areas
in
pink
and
green
and
mike
I'll.
Let
you
give
a
more
detailed
explanation
and
walk
the
board
through
that.
Let's
hit
the
highlights
here
and
then
this
is
the
impact
plan
and
it
shows
again
the
building
and
parking
area
in
gray
toward
the
center
of
the
parcel,
and
it
shows
areas
are
going
to
be
impacted
either
temporarily
or
permanently
by
the
project,
as
proposed.
A
A
Anybody
in
the
public
or
the
board
to
read
through
shimla
here
is
exhibit
five.
The
north
carolina
department
of
environmental
quality
401
approval
against
multiple
pages.
This
is
just
a
kind
of
a
waypoint
or
landing
spot
just
to
kind
of
indicate
to
go.
Look
at
that
full
letter
of
approval
from
that
permit.
A
Also,
provided
here
exhibit
six,
which
is
the
exhibit
excuse
me,
the
petitioners
exhibit
showing
aerial
street
view.
Excuse
me,
aerial
photo.
Let
me
clarify
this
is
craven
street
and
he's
in
identified
as
october
of
2010..
A
A
A
A
I
just
include
it,
so
we
have
it
from
the
record
and
also
exhibit
11
and
I'll
say
mike.
I
didn't
know
what
this
one
was
for
so
I'll.
Let
you
explain
that
one
in
further
detail,
but
I
believe
that
the
what
the
petitioner
is
asking
for
is
that
there's
a
stream
buffer
requirement
from
30
feet
from
papa
bank
for
perennial
streams
and
wetlands
and
they
plan
to
impact
the
wetland
to
a
large
degree
permanently.
A
There
is
some
temporary
encroachments
into
that
and
I
think
they've
indicated
that
the
wetland
was
not
a
naturally
occurring
wetland
that
was
caused
by
not
necessarily
human
causes,
but
maybe
by
some
animals
that
have
taken
up
resident
on
the
property
and
created
a
dam
to
kind
of
flood
the
area
does
that
sound
right
mike
is
that
is
that?
Am
I
repeating
that
correct?
It
was
beavers
that
kind
of
built
a
dam
on
the
stream
and
kind
of
yes.
I
Yeah
I
mean
it
was
you
know
during
the
craving.
You
know
when
you
go
to
the
national
weather
inventory
the
wetlands
not
shown
on
there
and
then
after
this
craving
street
reconfiguration.
That's
when
the
wetlands
started
to
develop
beavers
built,
beaver
dams
in
front
of
the
storm
drain,
pipes
that
were
placed
on
the
site
and
also
fallen
trees.
On
top
of
that,
of
course,
but
I'll.
A
Get
into
that,
okay,
all
right,
but
y'all
should
have
a
very
detailed
staff
report
prepared
mostly
by
mrs
watford.
I
did
a
few
things
on
the
considerations
for
zoning
side,
but
miss
walper
done
a
very
detailed
staff
report
and
I
appreciate
her
helping
me
on
that
staff
report.
Nancy.
There's
anything.
I
need
to
enumerate
out
of
the
staff
report
before.
Maybe
we
turn
over
the
petitioner
on
that
one.
Is
there
anything
I
missed
kind
of
high
level.
H
No,
not
that
no
just
that
might
take
it
away
and
if
you
all
have
questions
I'm
here
to
help
answer
this.
G
A
I
Okay,
thank
you
ricky.
I
mean
first
I'd
just
like
to
thank
chairman
and
rescue
board
members.
We
appreciate
the
opportunity
just
to
be
here
in
front
of
you
and
nancy
and
ricky
and
amy,
and
you
know
I'd
like
to
thank
the
city
staff
they've
been
extremely
good
to
us.
During
this
project.
They've
worked,
they've
been
patient
with
us.
I
They've
worked
through
a
lot
of
things
there's.
This
has
been
an
ongoing
process
for
well
over
a
year
now
that
we've
worked
through
and
the
city
has
has
definitely
worked
with
us
in
a
positive
manner
from
our
end.
So
I'd
like
to
thank
them
as
well,
but
just
really
try
to
keep
this
brief.
I
For
you,
it's
a
it's
a
pretty
simple
issue
we're
having
here
I
mean
one
of
the
biggest
things
when
we
look
at
a
variance,
as
you
all
know,
is
the
hardship-
and
you
know
basically
started
out
with
I
mean
this
hardship,
ricky
just
left
off
with
this,
this
property
from
what
we
know
the
history,
this
property,
it's
never
been
replated
or
anything
like
this.
This
property
has
been
that
very
strange
irregular
shape
for
a
long
time
and
due
to
the
irregular
shape
due
to
the
craziness
of
the
property.
I
We've
got
some
area
of
the
property,
that's
well
over
60
percent,
almost
like
cliff
like
on
the
south
west
side,
then
we've
got
a
fairly
deep
ravine
running
through
the
site.
That's
on
the
northwest
side
that
comes
down
hazel
mill
and
then
that
that
ravine
actually
turns
and
comes
towards
craven
street,
and
the
ravine
actually
becomes
this
just
really
flat
area
and
that's
where
the
stream
comes
through
and
I've
been
involved
in
this
site
for
quite
some
time.
I
I
looked
at
it
with
other
properties
before
hazel,
mill
and
charlie
pond
these
guys,
but
the
stream
is
in
very
poor
quality.
It's
a
very
bad
shape.
It's
the
stream
banks
really
are
not
defined
much
at
all,
and
so
basically,
what's
happened
with
the
hardship
that's
been
created
when
craven
street
was
constructed,
the
curb
and
gutter
was
changed,
the
road
was
changed
and
actually
our
lot
line
is
still
not
changing.
I
Something
that's
going
to
have
to
be
changed
because
it's
like
the
old
craven
street
used
to
be,
but
when
they
came
through
and
did
that
they
installed
a
couple
of
pipes
on
our
property,
one
pipe
collects
the
actually.
Let
me
go
to,
let's
see,
can
I
just
ricky,
can
you
quit
sharing
your
screen,
so
I
can
share
mastery.
D
D
D
I
Okay,
great
so
I'd
just
like
to
show
you
so
so
what
happens?
Is
the
stream?
If
you
follow
the
hand
here,
the
stream
drops
through
this
very
steep,
well-defined
ravine.
Here
it
comes
out.
This
is
a
culvert
that
was
probably
built
some
back
in
the
early
brick
1900s.
That's
about
six
foot
wide
about
seven
foot
high.
You
can
pretty
much
walk
through
it.
I
Then
the
stream
comes
out
and
the
stream
actually
meanders.
I
think
it
used
to
as
the
nrcs
and
usgs
and
stuff
it
shows
it
just
following
hazel
mill
and
dropping
into
this
pipe
that
the
city
installed
now
what's
happened
is
with
through
fought
with
fallen,
trees
and
whatnot.
This
area
right
here
where
this
wetland
is,
is
completely
flat,
and
so
what's
happened
is
the
stream
is
kind
of
rerouted
over
the
years,
but
you
can
see
the
city
also.
Let
me
zoom
in
just
a
little
bit.
I
The
city
installed
this
pipe
and
this
pipe
with
the
craven
street
redevelopment.
Reconfiguration
project
goes
across
craven
street
and
dump
straight
into
the
french
broad.
We
have
a
beaver
dam,
that's
been
here
since
I've
been
on
the
property
since
2017..
I
So
let
me
switch
over
real,
quick
see
if
I
can
share
my
my
pictures
with
you.
Real
quick
I've
got
a
picture.
I
I
D
I
Okay,
great,
so
this
is
the
storm
pipe.
That's
located
near
the
craven
street
side
that
I
was
showing
you.
This
is
the
beaver
dam
here.
You
can
see
all
this
debris
and
this
was
a
fresh
one.
So
this
was
a
picture.
When
I
came
back
the
next
day,
I
had
completely
removed
all
of
this
debris
the
day
before,
and
this
was
already
placed
back
and,
as
you
can
see
it's
up
about
halfway
on
the
straight
on
the
storm
pipe,
so
they've
basically
created
these
beaver
dams
on
both
of
these
pipes.
I
That
is,
you
know,
backing
up
this
wetland,
even
more
so
so,
more
so
than
from
just
the
man-made
situation
from
developing
craven
street.
It's
also
occurring
because
of
because
of
the
natural
animals
that
are
in
that
area.
So
you
know
so
from
a
hardship
area.
I
So,
in
this
case,
we
feel
like
this
property.
It's
a
perfect
urban
infill
site
for
something
like
this.
It's
in
a
zoned
situation.
That's
called
a
transitional
zoning,
a
natural
transition
which
you
know
on
one
side
of
the
street
we've
got
excuse
me:
we've
got
the
belt
new
belgium,
industrial
building.
Then
you
got
craving
street
and
then
you
know
and
some
on
this
property
then
we're
here
we
are.
We
want
to
build
this
multi-family
development,
that's
a
great
way
to
transition,
as
far
as
being
an
urban
infill
site.
I
It's
perfect
because
of
the
fact
that
it's
located
a
block
from
the
french
broad
river,
a
block
and
a
half
from
the
greenway
less
than
a
block
from
new
belgium,
it's
less
than
a
mile
walk
to
downtown
it's
less
than
a
mile
walk
to
beechum's
curve.
That
starts
west
asheville.
Really
it's
about
three
blocks
by
car
to
jump
onto
i240,
which
you
can
go
then
north
south
east
or
west,
within
within
10
to
15
minutes
anywhere.
You
want
to
be
so
it's
just
a
really
perfect
location
for
something
like
this.
I
I
We
try
to
think
of
ways
to
also
bring
workforce
housing
into
this
area,
and
so
charlie
can
get
on
that
a
little
bit
if
y'all
want
to
hear
more
about
that,
but
charlie
and
our
development
team
has
been
working
with
paul
d'angelo
with
the
city
in
order
to
work
towards
creating
some
workforce,
housing
units
or
cost-effective
housing
units,
whatever
you
want
to
call
them,
but
we're
dedicated
to
doing
that,
and
so
we
just
are
really
excited
about
this
project,
and
we
really
hope
that
you
guys
can
see
from
our
standpoint
the
that
the
hardships
that
we're
dealing
with
with
this
with
this
aquatic
buffer
variance
is
something
that
has
been
brought
on
us.
I
That
we
really
feel
like
is
a
is
an
opportunity
to
give
to
approve
a
variance
on
at
this
point
for
a
certain
project
like
this.
So
let
me
just
run
through
a
couple
of
these
some
of
the
facts
that
I've
I've
got
that
I
wanted
to
run
through
you
with
here
real
quick.
Let
me
pull
this
up.
I've
got
so
many
screens
open.
It's
crazy,
but
you
know
the
property
is
approximately
plus
or
minus
1.2
acres.
I
I
think
it's
1.22
and
just
to
give
you
an
idea,
let
me,
let's
see
let
me
get
back
here
and
share
my
screen
again
and
I'm
going
to
go.
I
It's
pretty
amazing
that
we
can
do
this
during
this
pandemic,
all
right
great,
so
real,
quick
before
I
list
some
of
these
numbers.
Let
me
just
explain
this
map
to
you.
I
And
one
of
the
big
aspects
of
that
site
is
this
wetland
that's
been
created,
and
so
we
could
have
done
what's
called
a
nation,
an
individual
permit
with
the
us
army
corps
of
engineers,
and
we
could
have
wiped
out
this
entire
wetland.
However
charlie
and
the
development
team
decided
that
they
wanted
to
to
work
a
little
harder
to
try
to
retain
some
of
the
natural
qualities
of
this
property.
I
So
this
this
yellow
that
you're
seeing
around
in
some
areas
is
the
I'm
sorry.
I
was
wrong.
The
orange
is
the
temporarily
disturbed
wetland
that
will
remain
so
we
will
disturb
the
orange
areas
and
then
we
will
revegetate
them
and
take
them
back
to
their
original
state.
The
yellow
areas
are
the
permanently
undisturbed
areas.
We
will
not
touch
those
areas
at
all
and
they
will
remain
the
blue.
The
light
blue
cyan
here
you're
seeing
is
the
area
of
the
wetland
that
we
are
permitted
to
remove
completely.
It
will
disappear.
I
You
can
see,
we've
got
a
wall
coming
down
from
hazel
mill,
which
is
a
little
bit
steep.
This
wall
turns
into
the
building.
This
building
will
create
a
wall
that
is
on
the
edge
of
the
wetland,
and
then
the
wall
will
be
along
this
edge
of
the
wetland
as
well
along
craven
street,
and
then
the
wall
comes
all
the
way
around.
I
So
this
whole
parking
lot
and
this
entire
building
is
surrounded
by
retaining
walls
in
order
to
maintain
the
wetlands
in
order
to
maintain
the
the
natural
hydrology
of
the
of
the
property,
as
well
as
the
pink
area.
That's
up
here,
which
is
really
this
pink
area
on
the
outside
of
the
building
on
the
south
side,
is
extremely
steep.
I
It's
got
a
cliff
right
here
and
everything,
and
so
this
building
is
actually
being
terraced
into
the
mountainside
to
cause
as
little
disturbance
as
possible
and
work
with
the
land
as
best
possible
to
fit
and
nestle
this
building
in
to
this
nice
little
irregularly
shaped
property
with
features
all
over
it
that
normally
a
developer
would
stay
away
from.
I
If
we
weren't
touching
or
permitting
any
of
the
wetlands
and
what
that
red
line
basically
shows
us
is
that
if
we
were
not
touching
any
of
the
wetlands,
the
1.2
acres
of
the
total
property
with
not
touching
any
of
the
wetlands
and
applying
the
aquatic
buffer,
we
would
end
up
with
only
about
0.42
acres.
That
would
be
usable
of
the
property
that
would
leave
63
of
the
property,
usable
and
37
of
the
property
would
be
unusable
all
right,
and
now
I'm
gonna
switch
over
to
the.
I
So
you
see
now
the
purple
line
that
is
running
around
so
this
purple
line
that
follows
the
red,
the
red
and
purple
that
comes
out
here
follows
craven
street
comes
around,
and
now
the
purple
line
goes
inside
the
building
and
right
along
the
edge
of
the
building.
This
would
be
the
buffer,
the
aquatic
buffer
that
would
be
required
with
our
permitted
wetlands
so
in
other
words,
the
permitted
wetland,
this
orange
and
yellow.
I
If
you
do
a
30
foot
offset,
that
is
this
purple
line,
and
so
the
stat
on
that
basically
says
that
the
let's
see,
let
me
get
back
to
them
so
then
for
post
environmental
permitting
with
and
with
the
aquatic
buffer.
I
Now
we
are
coming
to
you
and
requesting
that
no
aquatic
buffer
be
applied
to
this
wetland
and
one
of
the
things
I
do
want
to
preface
that
with
is
when
we've
been
working
with
the
city
clement,
and
I
have
for
a
long
time
and
in
some
cases
I've
been
through
some
of
these
and
we
always
think
of
wetlands
as
a
non-perennial
item
and
and
so
the
the
definition
of
your
aquatic
buffer
says.
The
aquatic
buffer
is
for
perennial
and
intermittent
bodies
of
water.
Well,
a
wetland
is
not
really
considered
a
body
of
water.
I
In
most
cases,
a
wetland
doesn't
even
contain
surface
water.
In
most
cases,
a
wetland
is
defined
by
the
soils,
from
the
soils
being
saturated
for
so
long.
In
this
case,
we
do
have
a
wetland
where
there
is
a
large
amount
of
water
on
the
surface.
So
when
you
look
at
ncdeq,
which
is
our
north
north
carolina
department
of
of
environmental
resources
well
anyway,
I
said
that
wrong,
so
ncdeq,
the
us
army
corps
of
engineers,
buncombe
county
on
the
federal
level,
the
epa
none
of
these
regulatory
agencies
require
buffers
around
wetlands,
the
city
of
asheville.
I
As
far
as
I
understand
it,
the
city
of
asheville
and
the
only
one
I
could
find
was
durham
raleigh
durham.
There
is
one
spot
in
durham,
that's
a
really
congested
area
and
they
require
wetland
buffers.
The
city
of
asheville
is
the
only
one
that
has
this
definition.
So
from
our
from
a
standpoint
of
of
a
consultant
and
from
a
professional
service
provider.
With
this
we
don't
usually
deal
with
these
buffers.
I
I
Then,
when
you
take
away
when
you
provide
us
with
this
variance
approval,
which
we're
hopeful
that
you
will
then
then
we
will
be
left
with
96
of
usable
space,
only
four
percent
of
the
site
would
be
unusable,
so
this
allows
for
22
percent
more
property
be
used
than
if
we
are
not
a
layout
allowed
to
use
this
variance
and
with
that,
what
I'd
like
to
say
is
on
top
of
that
going
back.
Let
me
get
back
to
my
map
here.
I
Besides
putting
this
little
bit
of
sidewalk
in
this
whole
corner
and
all
along
hazel
mill
right
here,
this
is
going
to
fairly
be
undisturbed,
and
it's
all
nasty
vegetation
anyway,
that
we'll
probably
clean
up-
and
you
know
we'll
replant
with
nice,
repurposed
root,
vegetation,
natural,
north
carolina
vegetation
and
this
area
up
here
above
the
retaining
wall
and
this
area
above
the
retaining
wall.
That's
on
the
south
and
southwest
here
those
are
going
to
be
untouched
and
they
will
remain
wooded
with
exactly
what's
on
them.
I
Now
we're
going
to
try
to
impact
them
as
little
as
possible,
so
there's
36
percent
of
the
site
that
we're
not
touching
and
that
the
reason
we're
not
touching
that
site
is
because
of
this
deep
ravine
with
a
stream
and
then
because
of
this
well
over
60
percent
average
topography
that
so
from
from
a
constructability
standpoint.
I
Neither
one
of
those
areas
can
really
be
used
without
doing
an
individual
permit
that
where
we
could,
where
we
could
pipe
the
entire
stream
on
the
whole
property,
and
we
could
wipe
this
whole
property
clean
of
trees
and
blast
all
this
rock
and
just
completely
do
some
type
of
high
rise.
Well,
we've
chosen
not
to
do
that.
Instead,
we're
coming
to
you
with
experience.
So
to
get
on
from
that-
and
I
know
you're
probably
gonna
have
some
questions,
I'm
not.
I
don't
have
too
much
longer.
I
So
let
me
just
wrap
this
up
and
run
through
a
couple
more
things
I
just
wanted
to
mention
so
from
from
the
us
army
corpsman
core.
Permit
that
we're
obtaining,
we
will
be
leaving
approximately
three
thousand
square
feet
of
wetlands,
which
what
we've
we've
designed
a
storm
water
system
that
is
going
to
allow
the
smaller
storm
events
under
a
10-year
storm
to
discharge
into
the
wetland
before
it
is
discharged
into
the
pipe
that
goes
across
the
french
broad
river.
I
So
we
will
be
actually
using
those
wetlands
as
a
means
of
water
quality
and
a
way
to
help
drop.
The
temperature
of
the
storm
water
coming
off
the
site
collect
some
of
the
sediment
and
basically
use
do
what
wetlands
are
used
for,
and
so
sometimes
we're
doing
new
sites,
and
we
actually
create
wetlands
to
do
exactly
what
this
is
going
to
do.
But
instead
we're
going
to
use
this
existing
wetland
to
clean
up
these
smaller
stream
rain
events.
We
also
are
leaving
a
long,
linear
portion
of
the
wetland.
I
We
chose
to
do
that
because
we
felt
like
it
was
convenient
for
water
quality
again
along
craven
street,
and
but
it
will
be
located
between
the
building.
It's
that
long,
linear
wetland
you're.
Seeing
let
me
get
back
so
it's
this
long,
orange
and
yellow
linear
wetland
that
you're
seeing
along
craven
street
and
it
will
be
in
between
the
building
and
the
sidewalk
that
we
create
on
craven
street.
I
So
it's
also
gonna
us
also
accept
the
storm
water
discharge
from
the
developments
that
are
being
done
upstream
of
us,
and
so
this
this
wetland
here
we're
leaving
in
place
and
we're
going
to
build
a
wooden
decking
across
it
so
that
it
will
get
light
and
we'll
have
vegetation
under
it.
I
It's
something
the
core
and
deq
was
totally
good
with,
and
they
were
excited
to
see,
and
so
it
will
also
be
used
for
water
quality
before
the
water
enters
into
this
pipe
that
heads
over
to
the
french
broad
river,
all
right
and
then
back
to
my
sorry.
I
haven't
changed
back
from
screen
to
screen
here
and
so
then
back
a
large
portion
of
the
wetland
is
in
the
hundred
year
flood
and
therefore
it
was
only
allowed
for
a
tenth
of
an
acre
to
be
disturbed.
I
However,
we
could
have
gone
through
the
individual
permit,
which
I've
mentioned
and
wiped
out
the
entire
wetland.
However,
we
chose
not
to
do
that.
Let's
see
most
wetlands
don't
even
have
surface
water.
I
already
went
through
most
of
these
areas,
one
other
big
one.
I
wanted
to
show
you
so
this
I'm
going
to
change
my
screen
again.
Let's
see
if
I
can
stop
sharing
here
and
then.
I
Share
again-
and
now
I'm
going
to
take
you
to
this-
is
the
national
wetlands
inventory
map.
That
is
something
that
is
federally
regulated
by
u.s
fish
and
wildlife,
and
this
clearly
shows
this
is
a
september
2021
version
of
the
national
wetlands
inventory.
This
is
new
belgium
that
you're
seeing
here
this
is
our.
This
is
hazel
mill.
This
is
craven
street.
This
is
240
entrance.
I
You
can
see.
This
is
our
site
and
there
is
no
wetland
shown
on
this
property,
which
normally
means
that
it
was
something
that's
either
isolated
or
man-made,
or
has
been
created
recently
that
even
some
of
the
stuff
from
last
year,
if
they're,
really
large,
wetlands
they're
they're
picked
up
on
these
maps,
but
it's
not
shown
on
this
map
and
has
never
been
so
from
that
aspect.
I
F
I
Things
real,
quick,
I'm
going
to
wrap
this
up.
I
know
I
appreciate
y'all's
patience,
so
another
thing
I
wanted
to
mention
is
that,
and
I've
been
involved
in
this
project
with
clement
riddle,
who's
with
clearwater
environmental
and
one
of
our
great
environmental
consultants
in
in
town
in
2017,
we
visited
the
site
with
another
client,
and
the
delineation
was
done
then,
and
it
and
the
wetland
was
.078.
I
I
Clement
was
then
brought
on
board
with
me
again
in
2019
when
we
started
working
with
mr
charlie
pond,
and
at
that
time
the
wetland
was
delineated
at
0.122
acres
and
then
in
2021,
when
we
did
our
2020,
when
we
did
this
most
recent
preliminary
jurisdictional
determination
and
401
and
404
permit,
the
the
wetland
was
delineated
at
0.139
acres
and
basically
this
is
occurring
because
these
beaver
dams
kept
building
these
beaver
dams,
bigger
and
bigger
and
bigger.
I
Because
that
stream-
that's
there
is
so
undefined
those
trees
have
fallen
across
the
stream
and
they
basically
block
the
stream,
which
required
the
stream
to
run
around
these
trees,
and
it's
helped
create
this
wetland
that
the
beavers
had
already
created,
and
so
therein
lies
the
biggest
part
of
this
hardship.
That's
been
created,
dog
gone
beavers
anyway,
so
moving
on
from
that,
the
you
know.
Another
thing
we
look
at
is
the
hardship
has
been
incurred
from
this
from
the
ordinance
change
that
was
done
in
2010.
I
So
back
before
2010
there
would
have
been
no
buffer
or
no
wetland
that
was
involved
in
this,
and
we
would
not
been
required
to
have
any
buffer
or
even
on
the
stream
back
then
ever
now
it
is,
it
is
what
it
is
and
craven
street
reconfiguration
has
been
a
great
economic
development
driver
for
the
rad
area
across
and
with
with
the
greenway,
with
the
the
short-term
rental
place,
that
jody
gookas
and
and
those
guys
did
just
south
of
our
site
that
actually
drains
to
our
site
and
then
the
new
development.
I
That's
going
on
just
just
south
of
that.
Up
on
the
up
towards
the
haywood
side,
you
know,
and
all
that
has
been
been
brought
on
from
what
was
done
to
the
craven
street
reconfiguration.
So
it's
been
great
for
a
lot
of
things.
Unfortunately,
for
this
perfect
little
urban
infill
site,
it
has
hurt
a
lot,
but.
A
I
All
right,
let's
see
so
like
I
said,
we're
we're
36
percent
of
the
site
after
this
is
all
said
and
done
is
going
to
basically
remain
undisturbed.
H
I
Variance
the
the
proper
the
project
from
a
feasibility
and
affordability
standpoint
will
not
involve
cost-effective
housing.
Instead,
it
will
include
about
a
quarter
of
the
units
and
they
will
be
very
high
priced,
which
will
not
bring
much
economic
development
opportunities
for
that
little
urban
infill
site
also
had
we
wanted.
If,
if
we
would
have
done
the
individual
permit
and
riped
out
the
entire
wetland,
we
could
probably
we're
asking
for
23
units,
I
believe
and
charlie.
I
You
can
correct
me
there
if
I'm
wrong,
but
I
think
it's
23
units
we're
asking
for
and
we
could
have
done
double
that
had
we
gone
through
the
individual
permit
and
wiped
out
this
entire
site
and
basically
masqueraded
it,
and
so
from
my
standpoint
as
an
engineer
you
know
I
I'm
a
green
engineer,
which
I
don't
know
really,
if
that's
a
thing,
but
I
like
to
put
my
green
thumb
in
anything.
I
I
can-
and
I
was
really
excited
in
the
fact
that
we
weren't
just
wiping
out
this
entire
site
and
said
we're
trying
to
trying
to
do
a
low
impact
development
even
on
a
small
site
like
this.
It
really
excites
me-
and
I
commend
charlie
and
his
development
team
for
that.
We
have
been
working
with
paul
d'angelo
and
we
feel
like
this
meets
the
complete
spirit
of
the
zoning
and
the
fact
that
it's
a
low
impact
development
that
works
within
a
natural
transitional
area,
transitional
zoning
to
west
asheville
and
to
the
city.
I
So
that
is
all
I
have
for
you
guys,
I'm
sorry
that
was
so
long.
I
appreciate
your
patience
and
I'm
gonna
stop
sharing
here
and
thank
you
and
I'm
available
for
any
questions
you
may
have.
I
know
that
was
a
lot
of
information
to
take
in.
K
L
Oh
there
we
go
just
wanted
to
just
very,
very
high
level
touch
on
what
mike
had
said
once
or
twice
in
his
overall
description,
and
I
will,
I
will
not
repeat
a
lot
of
the
technicalities,
but
we
started
this
process
working
on
two
or
three
different
sites,
with
the
city
of
asheville,
looking
for
opportunities
for
workforce
and
affordability
in
the
housing
market
and
more
specifically
in
the
for
sale
market.
L
So
just
to
clarify
the
the
goal
here
is
a
for
sale
product
that
would
be
able
to
be
affordable
to
more
of
the
workforce
population
rather
than
just
the
incoming
higher
price
point.
Folks
that
that
seems
to
be
the
the
trend
in
the
new
construction.
L
So,
as
we
looked
at
that
requirement,
we
realized
that
we
really
needed
to
find
an
affordable
land
basis.
As
you
all
know,
in
order
to
have
that
affordable
end
product
at
the
completion
of
the
development-
and
we
really
like
this
site
also
from
a
gateway
perspective
as
a
as
kind
of
a
western
gateway
to
the
river
arts
district,
and
so
we
between
the
affordable
land
bases,
obviously
partially
because
of
the
fact
that
it
had
lots
of
challenges
and
the
gateway
aspect.
L
So
I
think
that's
just
a
really
high
level
item
that
we
wanted
to
reinforce
and
as
he
mentioned,
we
really
wanted
to
make
it
a
minimally
invasive
development.
We've
looked
at
a
lot
of
different
footprints
and
a
lot
of
different
heights,
and
we
kind
of
backtracked
and
said
you
know:
let's,
let's
keep
this
as
what
it
is.
We
want
it
to
relate
to
the
river
arts
district.
L
We
wanted
to
preserve
whatever
we
can
on
the
rear
hillside
we
wanted
to
preserve
whatever
we
can
in
the
wetlands
and
along
craven,
and
so
I
don't
think
mike
mentioned,
but
we,
but
we
have
wooden
walks
wherever
possible.
That
would
actually
be
able
to
to
to
bridge
across
the
wetlands
rather
than
rather
than
just
filling
things
in
and
concrete
sidewalks
to
cap
them
we're
going
to
restore
the
natural
vegetation
wherever
possible.
L
So
it
and-
and
it's
been
an
ongoing
process.
I
think
we
bought
it
a
couple
of
years
ago
and
we've
been
having
all
these
discussions
over
a
couple
of
years.
Unfortunately,
during
that
same
couple
of
years,
we
went
from
under
0.1
acres,
which
would
have
been
able
to
be
fully
mitigated
to
over
0.1
acres,
which
now
requires
the
the
variance
due
to
the
current
letter
of
the
regulation
so
and
then
I'm
just
going
to
be
very
brief.
L
The
last
few
points
that
I'm
going
to
mention
are
are
a
few
of
our
original
due
diligence
items
that
we
had
looked
at
partially
with
clement
riddle,
one
of
which
was
that
neither
the
stream
or
the
wetland,
according
to
clemens
information,
appeared
on
the
most
recent
usgs
mapping
or
the
nrcs
soil
survey,
which
is
why
those
exhibits
were
in
some
of
those
documents
that
you
all
had
brought
up.
L
The
stream
that
was
running
through
the
property
was
classified
by
the
state
as
as
bee
waters,
and
it
also
did
not
drain
to
what
was
called
a
designated
critical
habitat
or,
as
it's
not
also
within
a
designated
trout
watershed.
L
So
those
were
all
kind
of
items
that
we
had
checked
off
as
we
went
through
our
due
diligence
process
with
these
folks
and
to
us,
it
did
not
appear
that
it
was
going
to
be
the
problem
that
that
we
encountered
as
this
as
this
wetland
continued
to
grow
due
to
the
maintenance
issues.
L
M
D
M
So
I've
got
terrible
feedback.
C
M
All
right
great:
well,
I'm
craig
justice
represent
the
variance
applicant
developer,
mr
bonds
company.
I
just
want
to
summarize
a
few
things
for
you
one
I
before
I
get
into
summary
ricky
in
terms
of
the
conclusion
from
the
staff
report
of
whether
staff
supports
the
requested
variants.
Can
you
please
announce
to
the
board
position
of
staff.
A
Well,
I'll,
typically,
we
don't
take
a
position
for
or
against
variances,
so.
M
He's
muted
for
me,
is
he
muted
for
you
all
right,
so
I'm
not
hearing
anything
from
y'all
by
the
way.
So
so
I'm
assuming,
if
ricky's
saying
positive
things,
just
give
me
a
thumbs
up.
A
Nancy,
do
you,
I
don't
think
we
made
a
record,
we
didn't
make
a
recommendation
with
other.
We
just
presented
facts,
so
we
we
don't
typically
make
a
recommendation
because
it's
all
based
on
the
applicant's
testimony
and
information
and
facts
presented.
F
It
so
in-
and
we
think
mr
justice
may
be
referring
to
that
we've
shared
regarding
the
the
nature
of
that.
What's
designated
a
wetland
and
the
the
quality
of
that
wetland,
and
I
think
the
staff
can
give
information
about
that
being
a
relatively
low
quality
wetland
is
my
understanding
but
nancy
I'll
I'll.
Let
you
jump
in
and
and
give
a
more
technical
explanation
of
that
kind
of
summarization
of
facts.
B
Yeah,
if
he
mutes
the
phone,
he
can
still
hear
from
the
phone
and
speak
through
the
mic.
G
I
B
B
C
N
G
N
C
O
O
F
It
might
be
best
if
anybody
can
get
a
message
to
craig.
I
know
he's
not
hearing
us
but
to
not
even
try
with
the
video
and
just
call
it
on
his
cell
phone
at
this
point.
That
way
that,
and
we
won't
be
able
to
see
him
that
it'll
be
at
least
he'll,
be
able
to
hear
us,
and
we
can
hear
him.
M
C
M
Do
not
tell
my
wife
about
this,
because
she'll
try
to
figure
out
a
way
that
I
can't
talk
at
home
and-
and
this
will
probably
be
a
good
thing
for
her
anyway.
Sorry
about
that,
I
was
hearing
everybody
just
fine
until
I
tried
to
talk
anybody,
correct
justice
here
for
the
variance
applicant
staffon
and
his
company.
I
just
want
to
summarize
a
few
things
one
I
had
hoped
to
hear
ricky's
endorsement
from
staff
standpoint.
F
Craig
craig
nancy
wafford
was
about
to
explain
staff's
review
of
the
quality
of
the
wetland
when
you,
when
you
joined
in
she's,
happy
to
do
that
at
the
appropriate
time.
But
if
you
want
to
give
your
presentation
first,
that's
I
mean,
whichever
order
you
prefer.
M
Oh,
I
I
was
unclear
what
how
the
presentation
would
go
from
staff
since
ricky
went
first
and
then
so,
if
yes,
so
I'd
like
to
go
after
everybody's
done,
so
if
nancy
could
go
next,
it'd
be
great.
H
Yep,
so
just
to
be
clear,
we
don't
staff
does
not
do
recommendations
on
variance
cases,
but
I
do
know
from
speaking
with
amanda
at
the
army
corps
of
engineers
that
there
was
some
question
as
to
the
jurisdictionality,
especially
initially
of
this
wetland,
and
that
they
do
not
rank
it
as
a
high
quality
wetland.
Partially
because
of
the
nature
of
how
it's
come
to
be.
D
H
That
it
is
sort
of
the
beavers,
but
it's
also
because
the
stream
is
there.
Portions
of
it
were
not
initially
thought
to
be
part
of
a
jurisdictional
and
that
it
turned
out
it
was
hydrologically
connected.
So
I
know
that
there
was
some
back
and
forth
with
that
and
that
it's,
but
I'm
going
off.
You
know
what
army
corps
of
engineers
and
their
wetlands
not
wetlands.
Those
are
not.
M
All
right
all
right,
let
me
let
me
address
a
couple
of
things,
one
for
the
developer.
We
we
had
in
the
variance
application,
give
an
exhaustive
description
of
why
we
believe
we
comply
with
the
various
standards
for
variants,
and
so,
although
mike
lavoy
went
over
it
in
great
detail,
there
is
information
there
as
well
that
I
would
that
we
are
obviously
relying
on
as
evidence
in
this
case
mike
had
indicated
to
you
of
how
the
staff's
application
of
this
buffer
affects
the
use
of
this
property.
M
Mike
mike
you
have
the
screen,
can
you
pull
back
up
the
the
one
that
had
the
multi
colors
on
it,
the
purple,
the
pink
the
impact
screen,
because
mike
was
talking
about
usability
of
land?
And
I
just
want
to
be
clear
from
what
charlie
pond
was
saying
to
you?
Is
the
the
zoning
of
this
property
being
rad
is
envisioning
a
higher
intensive
utilization
of
this
property,
in
this
case,
with
infill,
more
dense
density
for
housing,
so
that
people
are
closer
to
the
river
with
walkability,
etc?
M
M
So,
just
to
clarify
that
point,
this
is
a
unique
property
and
you've
heard
the
testimony
about
that.
This
is
an
irregularly
shaped
piece
of
property
that
is
small
in
size.
That
has
this
unnatural
wetland
that
have
occurred
due
to
the
lack
of
maintenance
of
the
culvert
and
the
beavers.
M
So
we
believe
it
is
a
unique,
uniquely
impacted
piece
of
property
that
wasn't
caused
by
my
client,
the
the
situation
that
presents
itself
and
we
are
wanting
to
develop
a
use
that
is
in
line
with
the
zoning
of
this
property.
Obviously,
it's
not
an
issue
from
the
state
level,
because
they've
approved
the
project.
It's
not
an
issue
from
the
army
corps
of
engineers
level,
because
they've
approved
the
project.
M
M
It
is
not
of
a
grade
of
wetland,
typically
deserving
of
consideration,
and
but
we
are
preserving
wetlands
on
this
property,
even
with
the
variance
request,
and
we
respectfully
ask
that
due
to
the
hardships
associated
with
this
buffer
and
assets
apply
to
this
piece
of
property
that
you
grant
the
variance-
and
I
appreciate
the
time
given
to
more
folks
to
speak
to
you
today,.
B
B
J
Okay,
so
just
to
be
clear-
and
I
guess
this
goes
to
either
mrs
watford
or
mr
lavoie-
so
the
army
corps
of
engineers
determined
this
to
be
I'm
going
to
use
a
layman's
term
a
low-grade
wetland
and
that
this
wetland
was
growing
by
the
year
due
to
environmental
impacts
that
aren't
in
anyone's
control.
Aka.
The
beavers,
probably
some
storms
and
things
like
that-
is
that
correct.
J
Okay
and
in
your
temporary
temporarily,
disturbed
wetland
area,
you're
gonna
create
elevated
boardwalking
platform
sidewalk
to
get
people
out
to
the
public
way
and.
I
That
is
along
the
back
of
curb
along
craven
street,
and
so
that
is
another
point
that
I
did.
I
I
missed
on
my
notes
there
that
if,
if
we're
you
know
without
this
variance
for
the
wetland,
we
would
not
be
able
to
build
the
sidewalk
because
it
would
be
inside
of
the
undisturbed
30-foot
buffer
of
the
permitted
wetlands
as
well.
I
You
can
see
on
my
screen
that
we're
still
sharing
here
that
this
purple
line
that
runs
along
craven
street
actually
shows
that
the
wetland
as
it
stands
today
the
city
actually
has
an
impact
on
our
buffer.
You
know
by
building
craven
street
where
it
was,
of
course,
that
wetland
was
not
as
big
back
then,
but
this
linear
wetland
was
there
originally
from
the
beaver
dams.
It
was
not
created
more
so
this
area
up
here
was
created,
more
so
by
the
fallen,
trees
and
whatnot.
I
So,
but
we
would
not
be
able
to
build
this
sidewalk.
That
is
along
craven
street
with
that
buffer,
and
we
will
have
so
there'll
be
cantilevered
front
porches,
with
with
a
boardwalk
that
is
wooden,
has
holes
in
it
and
allows
light
so
we'll
be
able
to
have
vegetation
and
water
underneath
it.
M
So
let
me
add,
let
me
answer
that
in
part.
M
M
That's
why
I
was
a
little
bit
surprised.
I
didn't
hear
staff
give
more
of
a
thumbs
up
to
this,
because
this
this
avenue
was
selected
to
sort
of
put
it
into
any
controversy
and
try
to
move
on.
J
So
let
me
ask
you
this
say
that
we
approve
this
variance:
how
how
are
you
going
to
prevent
flooding
in
this
small
wetland
area
that
you're
creating
that
you're
asking
the
beavers
not
to
return.
I
I'll
answer
that
so
I
mean
basically
what
we've
what
we've
designed.
Let
me
see
here,
let
me
get
back
to
my.
Let
me
share
again,
so
I'm
going
to
stop
sharing
change
screens
here.
I
All
right
now
go
back
to
share
all
right
window.
There
we
go
so
here's
our
plan,
so
this
wetland
here
will
will
remain
the
yellow
and
the
orange
we're
going
to
collect
the
stream
from
this
side
of
the
culvert
here,
bring
it
through
the
site
and
we've
actually
going
to
end
up
putting
a
weir
wall
inside
of
this
box
that
will
push
water
during
these
lower
storm
events.
I
I
believe
we're
doing
it
under
the
10-year
storm
it
may
be
under
the
one-year
storm,
and
so
that
will
the
outfall
will
drop
into
the
wetlands,
and
these
wetlands
will
will
end
up
having
to
create
some
type
of
connectivity
here
between
these
wetlands,
because
this
water
is
going
to
come
out
and
it's
gonna
have
a
hard
time
getting
back
over
to
this
pipe.
So
we
will
have
to
connect
something
here
to
this
wetland
to
get
it
out
of
the
site.
J
Okay,
mike,
do
you
have
a
graphic
that
shows
the
property
line,
so
I
can
get
a
feel
for
the
first
question
that
I
had.
I
I
Hazel
mill
comes
across
this
corner
right
here
and
then
down
our
site
right
here,
and
there
is,
and
this
this
property
line
was
never
replated
after
craven
street
was
reconfigured
because
craven
street
obviously
used
to
run
the
property
line
runs
right
here,
so
craven
street
used
to
run
right
here.
I
So
it
was
never
replated,
but
you
can
see
that
it's
a
very
strange
shape,
and
so
it
gives
so
actually
this
corner
is
actually
city
of
asheville
property
is
right
away,
which
really
really
needs
to
be
replated
during
this
process,
and
we
started
working
with
the
city
a
while
back
and
then
we
kind
of
got
deterred
to
this
issue
that
we're
dealing
with
so
we'll
go
back
and
deal
with
that.
I
But
the
plan
was
to
go
back
and
and
basically
re-plat
this,
so
that
this
right-of-way,
so
hazel
mill
will
be
in
here
right
away
because
legally
we
own
hazel
mill
through
this
right
here,
which
is
not
what
we
want
to
own.
And
so
we
were
going
to
give
back
this
hazel
mill
area
and
then
bring
this
right
away
around
the
curve
like
it's
supposed
to
be
and
down
along
the
back
of
the
sidewalk.
B
No
okay,
any
public
comments.
C
Mr
chair,
I
just
got
a
quick
question.
Mr
lavoy,
can
you
pull
that
put
that
map
back
up,
I'm
just
going
to
try
to
get
a
better
understanding
of
what
you're
developing
kind
of
where
everything's
going
to
be?
Can
you
show
me
where
the
buildings
you
said
23
units,
I
think,
is
what
one
of
what
somebody
had
said?
Can
you
show
me
about
where
they're
planning
on
being
built
on
the
property,
so
I
get
a
better
understanding
of
it.
I
Originally,
we
wanted
to
come
in
from
this
side
because
it's
much
more
advantageous
from
a
grade
standpoint,
so
we
changed
that
because
we're
working
with
the
land
over
here
this
part
of
the
area
is
so
steep
with
a
cliff.
So
we
decided
to
come
in
off
the
high
side
from
hazel
mill,
and
so
this
will
be.
The
parking
lot
runs
right
here.
This
will
be
the
sidewalk
along
the
back
of
the
building.
I
The
building
follows
this:
heavy
gray
line
on
black
line.
You're
seeing
comes
down
comes
across
back
here
and
basically,
what
we've
got
is
this
middle
line
right
here
shows
this
will
be
two
stories
high
on
the
front
side,
and
then
the
building
foundation
will
transition
because
of
the
steep
grade
right
here.
The
site
goes
straight
up,
and
so
we'll
have
two
levels
and
then
a
third
level
that'll
go
across
both
of
these
sides,
so
this
back
here
is
only
a
third
level.
I
It
does
not
go
all
the
way
down
to
craven
street
level,
and
so
it
is
a
terrorist
building,
and
this,
this
height
of
this
parking
lot,
is
up
at
the
elevation
of
this
third
floor.
So
they'll
be
parking
and
walking
in
and
they'll
have
to
walk
down
to
their
units
and
then,
if
they're,
if
they're,
coming
from
the
greenway
or
from
the
french,
broad
or
something
they'll,
be
able
to
walk
across
graven
street
and
they'll
be
able
to
walk
into
an
entry
over
here
as
well.
I
B
Okay,
do
we
have
any
callers
for
public
comments.
E
B
B
N
This
is
paul.
I
I
move
to
grant
the
request
for
the
variance.
B
Okay,
that's
a
second
any
further
discussions,
no
take
it
to
a
vote
quarter.
Web.
C
I'm
going
to
say
yes,
but
on
the
notion
that
I
think
it
should
be
approved
for
the
project
and
not
for
the
argument
of
that
we're
going
what
this
you
know
not
for
the.
I
think
how
to
phrase
this,
not
because
the
state
says
it's
okay.
I
don't
know
that.
I
because
we're
basing
it
on
what
the
city
says
so
the
state's
argument
that
didn't
work
well
with
me,
but
anyway
I
approve
it.
D
I
Thank
you
very
much.
We
really
appreciate
you
guys
commend
staff
too
again
for
all
the
help
they've
given
us
along
the
way.
Thank
you.
O
B
Our
next
case
is
for
diane
weaver
is
requesting
a
variance
of
the
rear
setback.
Development
in
the
udo
and
mr
hurley
floor
is
yours.
A
Thank
you
chair.
Let
me
bring
up
the
presentation
real
quickly.
A
A
The
current
the
property
is
currently
occupied
by
one
single-family
home
rs-4
requires
a
25-foot
rear
setback.
A
So
so
on
the
map
here,
just
to
give
you
kind
of
like
orientation,
you
see
the
blue
ridge
parkway
here
kind
of
to
the
north
center
as
a
large
area
owned
by
the
federal
government.
That's
in
green,
which
is
also
for
the
most
part,
zoned
rs2,
the
devonshire
subdivision,
for
the
majority
of
which
is
rs4.
That's
that
light,
yellow
and
our
subject
parcel
is
in
the
center
of
the
screen
in
light
blue.
A
A
A
As
we
have
a
little
bit
of
history,
the
subdivision
was
created
in
1994
and
the
home
itself
was
constructed
in
1994.
A
and
I'll
get
to
the
site
plan.
The
the
setbacks
for
r
3
as
the
prior
zoning
was,
and
you
see
this
green
area
is
r3-
was
35
in
the
front
15
feet
in
the
rear
and
10
feet
on
each
side.
So
I'm
not
really
sure
when
the
city
went
through
a
comprehensive.
You
know
text
amendment
and
adopted
the
unified
development
ordinance
in
1997.
A
A
City
council
approved
the
plat
from
1994
and
the
plot
list.
The
setback
standards
is
35
and
15,
so
just
digging
into
that
just
a
little
bit
further.
A
As
far
as
history
went,
let's
see
here,
and
so
here
I
have
it-
the
I
include
exhibit
d,
but
the
applicant
did
too.
This
is
the
subdivision
plot
for
her
area.
She,
actually,
let
me
see
if
I
can
zoom
in
just
a
little
bit
here.
A
And
I'll
just
pan
over
here,
hopefully
excuse
me
here
I'll
try
to
pan
over
just
a
little
bit,
so
we
can
see
the
lots,
they're
lots,
13
and
14
that
was
listed
in
the
staff
report.
A
Yeah
right
here
so
there's
the
the
lots
here,
I'm
going
to
try
to
get
them
to
the
screen.
So
that's
the
lots,
13
and
14.,
and
then
I
just
wanted
to
get
over
here
to
the
city
signature.
Just
to
show
you
all
this.
So
it's
a
subdivision
of
land.
A
And
just
here
the
city
clerk
signed
the
plat
here,
the
left-hand
margin
center,
which
was
approved
by
the
city
of
council.
So
I
just
wanted
to
mention
that
you
know
this
wasn't
something
that
was
annexed
in.
It
was
actually
reviewed
and
approved
by
our
legislative
body
back
in
1993
they
signed.
The
plaque
looks
like,
but
it's
probably
recorded
a
little
bit
later.
A
So
this
is
the
r3
zoning
standards.
You
should
have
seen
it
in
the
packet
to
the
bottom
right
hand.
Here
is
the
development
standards
under
c,
and
I
can
zoom
in
over
there
as
well.
A
So
the
minimum
lot
size
was
8
000
square
feet
and
then
the
front,
as
you
see
here,
was
35
the
side
10
and
the
rear.
A
Let
me
excuse
me
here:
I'm
sorry
I'll
go
back
out
to
a
fit
here's
the
applicant's
site
plan,
so
the
home
was
built
in
1994
and
it's
currently
situated.
A
A
A
I'll
get
up
here
to
that,
I
want
y'all
to
be
able
to
see
it
as
we
discussed
it,
so
there's
nine
feet
from
the
property
line
to
the
top
of
the
retaining
wall
and
then
an
additional
four
feet
to
the
new
proposed
edition
here:
130.9
square
feet:
that's
the
hatched
area.
A
The
hatched
area
represents
the
encroachment
within
to
the
15
foot,
rear
setback
requirement
for
the
subdivision
itself
and
the
former.
You
know
what
was
required
on
the
plat,
a
15
foot,
rear
setback,
so
the
hatch
area
just
reflects
that
encroachment,
not
the
full
zoning
standard
today.
So
it
would
result
in
a
13
foot
setback.
A
A
The
patio
adjacent
to
the
right
here
would
be
allowed
by
right
because
uncovered
decks
and
patios
are
allowed
within
the
setback
for
principal
structures.
That
only
has
to
be
six
feet
from
the
rear
inside
property
line.
So
the
new
patio
for
miss
weaver
would
comply
it's
only
this
smaller
edition
here
and
I'll
I'll
kind
of
go
through
some
of
the
exhibits
presented
by
the
applicant
here.
A
A
This
is
a
view
uphill.
They
can
give
you
an
idea
where
the
property
line
is
at
exactly
and
then
we
also
included
the
exhibits
for
the
elevations.
Miss
weaver
included
is
exhibit
three
there's.
An
email
from
the
hoas
exhibit
four
and
then
miss
weaver
also
included
just
identifying
the
lots
of
ownership,
which
are
1314
that
we
just
looked
at.
A
So
with
that,
I
think
it's
it's
fairly
straightforward
as
it
it's
basically
a
a
rear
setback,
reduction
that
backs
up
against
federal
property
and
the
prior
zoning
designation
from
1994
allowed
the
home
to
be
built
where
it
was,
is
currently
placed
with
it
being
17
feet
from
the
rear
property
line.
A
Is
there
any
questions
of
staff
at
this
point,
and
I
can
let
miss
weaver,
and
I
think
she
has
her
general
contractor
with
her
there
as
well.
A
A
A
E
Oh
great
ricky,
thank
you
so
much
for
that
presentation
and
thank
you
to
all
of
the
board
of
adjustments
for
for
agreeing
to
hear
my
petition
today.
I
appreciate
your
time
and
I
appreciate
your
consideration.
I
have
to
say
this
is
a
very
new
experience
for
me
entirely.
I'd
anticipated
and
I've
more
than
once
said.
How
did
I
get
here,
but
I'm
here
and
it's
an
adventure,
and
so
thank
you
for
listening
to
what
I
have
to
say.
E
After
my
husband
died,
I
decided
that
I
needed
to
put
the
family
home
on
the
market,
and
so
mr
rixby,
my
general
contractor,
was
referred
to
me
to
help
get
that
home
in
in
shape
to
be
sold,
and
so
you
may
need
to
swear
in
mr
rigsby.
He
is
danny.
Rigsby
is
here
with
me.
He
has
been
the
one
who
has
who
has
helped
me
work
through
what
this
property's
potential
is.
If
you
need
to
do
that,
I
think
you
swore
me
in
in
the
beginning.
B
E
E
When
I
began
looking
in
earnest
for
a
new
home
to
move,
I
needed
some
place
that
was
safe
and
secure
and
relatively
convenient,
and
this
was
one
of
the
few
options
available
and
I
came
to
find
out
later
exactly
why
it
was
still
available
after
a
number
of
people
had
looked
at
it.
E
I
asked
danny
rixby
if
he
would
give
me
a
consultation
on
the
new
property
to
see
if
it
was
had
structural
integrity
or
if
it
was
worth
investing
and
buying
into
to
live,
and
he
gave
me
several
pages
worth
of
work
that
needed
to
be
done
before
it
was
really
livable,
and
so
we've
been
working
through
that
one
of
the
problems
with
the
house
was
that
the
previous
owners,
through
no
fault
of
their
own,
were
unable
to
keep
up
the
exterior
of
the
property
and
it
was
terribly
overgrown,
necessitating
trees
being
removed.
E
The
entire
back
of
the
property
was
not
visible
to
either
the
neighbors
on
any
side
or
especially
to
the
front.
The
retaining
wall
that
you
saw
in
the
pictures
was
not
visible
at
all.
None
of
the
neighbors
even
knew
it
existed
until
we
had
machinery.
Come
and
clear
it
out,
you
could
not
see
the
back
of
the
house
at
all
that
brought
in
a
lot
of
mold
mildew
doorways,
the
wooden
doorways
at
the
back
were
rotted
away
in
places
all
of
the
door.
Hardware
was
rusted
and
turned
color.
E
The
whole
back
of
the
house
was
full
of
mold
that
had
to
be
first,
we
had
to
do
a
lot
of
mitigation
for
that
we
had
to
replace
all
of
the
gutters
and
the
downspouts
on
the
house.
The
drainage
was
terrible.
Water
was
coming
in
underneath
the
house
and
that
had
to
be
corrected
through
grading
and
and
drainage
systems
put
in
and
mold
mitigation
and
recovering
so
that
all
had
been
done.
The
house
was
very
gloomy.
E
No
light
was
coming
into
the
house
at
all,
and
so
the
idea
of
a
sun
room
to
allow
a
little
bit
more
sunlight
into
the
rear
of
the
property
to
prevent
some
of
the
other
problems
that
had
happened
over
the
years
from
ever
happening
again,
and
so
the
thought
of
the
sun
room
came
into
being
and
in
the
beginning,
when
planning
for
that
and
thinking
about
it,
we
did
not
anticipate
the
problems
with
the
the
setback
restrictions,
and
so
we
are
at
that
point
now
that
it
would
add
significantly
to
the
house,
to
the
livability
of
the
house,
to
the
sunlight
into
the
house,
the
the
the
property
backs
up
to
the
blue
ridge
parkway.
E
I
am
on
the
lower
end
and
beyond
the
retaining
wall.
The
land
slopes
steeply
upward.
It's
totally
wooded.
I
see
nothing
but
birds
and
squirrels.
There
that's
the
extent
of
the
wildlife
that
I
see.
I
hear
nothing
from
the
from
the
blue
ridge,
parkway
itself,
no
other
home
or
any
other
entity
can
see
the
back
of
the
property
at
all.
It's
not
as
though
it
would
impact
any
other,
neighbor
or
government
entity
in
any
way.
E
I'm
I'm
a
very
active
garden
club
member
and
a
conservationist,
I
believe,
in
conserving
the
land
and
making
as
small
a
footprint
as
possible,
but
utilizing
what
is
here
to
improve
this
property.
The
neighbors
have
been
totally
100
percent
enthusiastic
about
this.
They
have
come
to
the
house,
they
have
called.
E
Well,
I'm
open
to
any
questions
or
mr
rixby
is
open
to
any
construction
details
or
he
has
been
the
one
who
has
over
been
overseeing
the
clearing
of
the
of
the
undergrowth
and
clearing
away
the
brush
so
that
we
did
not
invite
snakes
and
creatures
and
all
the
wildlife
that
would
like
to
come
up
near
the
house.
And
so
I'm
here
to
answer
any
questions
that
you
might
have.
That
might
further
clarify
my
petition.
B
Okay,
any
questions
for
the
petitioner.
B
Done:
okay,
I'll
open
it
up
for
public
comments.
H
B
No
ok,
do
we
have
any
questions
for
staff
or
the
petitioner?
B
No
okay,
I'm
gonna
close
public
comments
and
I'm
gonna
open
it
up
for
board
discussion.
Do
we
have
a
discussion,
questions
comments,
motion.
N
This
is
paul.
I
move
to
grant
the
request
for
the
variance.
B
Carter
webb
seconds
any
discussion
on
the
emotion,
none,
okay
and
we'll
go
to
a
vote
carter,
webb.
B
D
N
B
Pratik
bhakta
is
a
yes
motion
is
approved,
variance
is
granted
5-0.
Thank
you.
B
Okay,
guys.
That
concludes
our
two
cases
on
the
agenda
and
if
there
are
no
further
actions
before
we
I
mean,
if
there
are
no
objections,
we
will
adjourn
during
the
meeting
any
objections.