►
From YouTube: Board of Adjustment – February 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
Okay,
the
meeting
will
now
come
to
order
welcome
to
the
February
27
2023
city
of
Asheville
Board
of
adjustment
meeting.
My
name
is
Paul
wilzinski
and
I
am
the
chair
of
this
board.
The
board
of
adjustment
is
a
quasi-judicial
body
that
is
governed
by
the
North
Carolina
General
statutes
and
the
city's
unified
development
ordinance.
A
Our
first
agenda
item
is
the
review
and
Adoption
of
the
minutes
from
the
January
2023
meeting.
All
in
favor
of
adopting
a
meeting,
please
say
aye
at
the
ministry.
Aye
all
opposed
the
the
January
minutes
are
adopted.
A
We
now
begin
the
evidentiary
hearings
for
the
case
listed
on
the
agenda.
In
hearing
cases,
the
board
conducts
a
quasi-judicial
evidentiary
hearing.
That
means
it
is
like
a
court
area.
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
in
nature.
A
The
sports
decisions
are
constrained
by
the
standards
in
the
city's
ordinances
and
the
facts
presented
at
the
hearing.
The
board
hears
and
considers
evidence
presented
at
Herring
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
hearing.
If
you
will
be
speaking
as
a
witness,
please
focus
on
the
facts
and
the
standards,
not
personal
preferences
or
opinion
participation
is
limited.
This
meeting
is
open
to
the
public.
A
A
In
addition,
lay
or
non-expert
witness
testimony
is
limited
to
facts
and
not
opinions
for
certain
topics.
This
Board
needs
to
hear
opinion
testimony
from
expert
Witnesses.
These
topics
include
projections
about
impacts
on
property
values
and
projections
about
impacts
on
traffic
safety,
for
variance
requests.
A
four-fifth
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
simple
majority
vote
of
the
board.
All
Witnesses
must
swear
or
affirm
their
testimony.
A
B
B
B
B
B
The
parcel
is
an
existing
non-conforming
lot
that
does
not
meet
the
minimum
lot
standards.
There's
a
section
again.
The
proposed
Edition
would
not
exceed
the
existing
rear
setback,
encroachment
I.E.
The
addition
does
not
extend
as
far
into
the
rear
setback
as
the
rest
of
the
rear
portion
of
the
building.
B
Here's
the
location
you
can
see.
Chestnut,
Street,
Fuddruckers
property
is
a
closer
examination,
so
both
to
the
rear
and
either
side
are
Residential
Properties
and
across
the
street
is
a
professional
office.
Building.
Do.
B
B
B
Continued
exhibit
a
these,
are
the
measurements
of
the
entire
rear
portion
of
the
building,
and
so
you
can
see
the
proposed
Edition
does
not
exceed
the
already
existing
rear
site,
rear
setback,
encroachment.
A
B
B
This
this
entire
display
is
the
rear
of
the
house,
so
this
property
line
here
that's
following
diagonal
kind
of
in
a
acute
angle
from
the
house.
That
is
the
rear
property
line
with
this
being
the
south
side,
and
so
you
can
see
here
that
in
within
the
rear,
the
side
and
the
front
that
the
encroachments
are
existing
on
this
non-conforming
lot.
B
So
here
you
can
see
the
front
or
the
rear
set
that
crosses
straight
through
the
existing
home.
A
B
Correct
and
so
both
the
lot
and
the
house
are
considered
non-conforming
and
there
is
a
separate
section
for
non-conforming
dimensional
standards,
but
there's
a
keyword
in
there
that
it's
does
not
increase
the
extent
of
the
norm,
non-conformity
so
under
the
direction
of
Chris,
Collins
and
Eric.
We
decided
that
the
staff
couldn't
be
the
one
to
didn't,
have
the
authority
to
make
that
decision.
So
that's
why
we're
here.
A
C
C
B
C
C
C
So,
just
a
just
a
comment
about
so
it's
a
small
house
to
start
with
has
two
bedrooms:
one
bath,
we're
just
trying
to
increase
the
functionality
and
the
availability
of
the
how
or
the
use
of
the
house
for,
for
you
know
more
a
family
if
you
will
so
so
we're
converting
a
closet
space
into
a
bathroom
and
adding
the
bath
here.
So
this
will
become
a
main
bedroom
with
a
bath
existing
closet,
upgrading
the
existing
bass.
B
C
C
A
It
says
on
the
application:
construction
is
underway
and
I
was
running.
Is
it?
Is
it
construction
of
what
you're
asking
for
the
variance
for,
or
is
it
other
construction,
which
is
to
say
what
you're
asking
for?
Are
you
already
working
on
it.
C
Well,
you
kind
of
might
have
gotten
the
gist
from
the
presentation
here,
but
we
were
led
to
believe
that
this
project
would
be
approved
without
having
to
appear
before
the
board
of
adjustments.
So
I
got
a
letter
from
the
planning
staff
or
an
email.
That
said
we
could
apply
for
building
permit,
which
was
done.
A
building
permit
was
issued
and
construction
began
based
on
that.
C
It
had
no
changes
to
the
information
that
you're
looking
at
here
and
then
construction
was
stopped
by
the
zoning
administration
because
they
decided
we
needed
to
appear
before
this
board
to
get
a
variance
for
this
Edition.
So
as
it
stands
right
now,
they
haven't
built
the
addition.
They
will
not
inspect
the
footings
and
they
put
a
stop
to
construction.
So
that's
where
we
are.
A
B
I
was
not
present
at
that
conversation.
I
think
he
essentially
had
a
alterations
and
renovation
permit,
and
during
that
review
is
when
the
proposed
Edition
came
up.
I
can't
speak
to
the
timeline,
but
the
the
pictures
that
I
showed
today
were
taken
today.
So
the
the
addition
hasn't
been
constructed
whatsoever.
B
The
interior,
Renovations
I,
guess
have
been
ongoing
and
I'm
not
sure.
If
I
can't
speak
for
building
safety
stuff,
whether
the
inspections
were
stopped
or
not,.
D
Just
briefly
for
context:
the
property
to
the
south
of
10
Madison
is
office,
202
East,
Chestnut,
Street
and
I
own
that
building
as
well.
So
the
bathroom
is
coming
out
five
feet
from
Madison
toward
a
building
that
I
own.
The
building
to
the
right
belongs
to
the
belials
Jamba
Lyles
practices
law
in
that
building.
D
The
next
building
belongs
to
the
belisles.
It's
in
the
course
of
renovation.
The
next
building
belongs
to
Chris
Peterson
its
office,
and
then
you
have
the
Fuddruckers
after
that,
so
there's
actually
a
pretty
heavy
commercial
Corridor
all
the
way
through
at
one
time,
I
had
thought
that
I
would
expand
my
office
into
Ted
Madison,
which
would
pull
a
straight
line
of
office
and
the
city
thought
otherwise,
and
that's
fine
in
hindsight.
A
Oh
okay,
is
there
anyone
from
the
public
who's
here
that
wishes
to
testify.
A
No
okay
is
there
a
motion
from
a
member
of
the
board.