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From YouTube: Board of Adjustment – January 19, 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
C
C
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.
We
are
authorized
to
hear
requests
for
variances
from
the
city's
unified
development.
Ordinance
also
referred
to
as
the
uvl
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.
C
E
C
We
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
that
it's
like
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.
C
F
C
Decisions
are
constrained
by
the
standards
in
the
city's
ordinance
and
the
facts
presented
at
the
hearing
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
hearing.
If
you
will
be
speaking
as
a
witness,
please
focus
on
the
facts
and
the
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.
C
Parties
may
present
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.
In
addition,
lay
or
not
expert
in
witness
testimony
is
limited
to
facts
about
opinions
for
certain
topics.
The
sport
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.
C
The
four-fifths
vote
of
the
board
is
required
to
Grant
the
variance
for
all
other
hearings
and
matters,
including
the
adoption
of
minutes.
The
decision
will
be
made
by
a
several
majority
vote
of
the
board.
Witnesses
must
swear
or
affirm
their
testimony.
At
this
time
we
will
administer
the
oath
for
all
individuals
who
intend
to
provide
witness
testimony.
So
please
stand
if
you
plan
to
provide
testimony
or
think
you
might
provide
this
morning.
A
C
C
7-14-13B
standards
of
the
unified
development,
ordinance
or
udl,
the
petitioner
is
seeking
relief
for
an
existing
non-conforming
accessory
structure
to
be
renovated
as
an
accessory
dwelling
unit
and
for
the
detached
accessory
dwelling
unit
unit
exceeding
70
percent
of
the
gross
floor
area
of
the
primary
dwelling
unit
or
800
square
feet.
At
17,
Pinedale
Road
pin
966
8-09-2133.
B
Yeah,
thank
you
Mr,
chair
before
we
begin
I'd
like
to
welcome
Chris
Von
Danish
as
the
new
member
and,
of
course
we
also
have
the
Alternatives
and
that
lies
joining
us
today.
So
welcome
to
this
variance.
What
we
have
before
us
is
a
very
standard
variance.
It
is
a
request
concerning
Adu
standards.
As
Mr
wozinski
said,
I
will
start
as
I
do
with
any
meeting
as
I
will
provide
some
contact
in
terms
of
a
site
map.
B
What
the
zoning
is
some
of
these
standards
and
then
I'll
get
into
some
site
photos
from
a
visit
and
provide
some
more
details
from
there.
So
that
will
go
ahead.
Here
is
just
a
quick
summary
that
was
provided
to
you.
This
is
for
714
3B,
which
is
standards.
There
is
a
home,
and
then
there
is
an
existing
conforming
accessory
structure
that
will
get
into
the
existing
conforming
of
the
exact
accessory
structure
say
that
three
times
fast
a
little
bit
later,
but
for
now,
let's
just
focus
on
where
this
is.
B
This
is
what
we
are
looking
at,
and
this
red
circle
is
the
lot
you
can
see
to
the
south
of
this
circle.
You
have
the
A-frame.
This
was
constructed
in
1950.
This
is
where
the
residents,
the
owner
and
the
applicant's
new
Cameo
lives
and
then
just
to
the
north
of
the
lot.
You
have
that
existing
structure,
which
was
built
actually
the
year
before
in
1949,
where
this
is
in
town,
is
you
can
see
it
is
just
North
of
Tunnel
Road,
just
East.
This
is
really
not
doing
any
justice.
B
The
Grace
Methodist
Church
is
just
east
of
that,
and
that
is
south
and
west
of
Bull.
Mountain
I
mean
she
is
basically
living
at
the
trailhead
for
that,
if
you've
ever
hiked
that
path
before
so.
This
is
where
we're
looking
at
in
town
also
zoned
RS4,
which
is
a
residential
single
family
Zone.
This
is
a
sea
of
RS4.
It
is
nothing
but
RS4,
All,
the
Way
North
to
the
municipal
boundary,
which
is
what
you
would
expect
for
the
Northeast
portion
of
Asheville
and
now
I
want
to
talk
a
little
bit
about
the
Sanders.
B
B
Let
you
read
number
three,
which
talks
about
respecting
the
sale
and
character
of
existing
neighborhoods
and
then
there's
3B,
which
is
the
standards
for
how
you
can
construct
an
accessory
building
unit
relevant
to
this
conversation
is
that
an
accessory
dwelling
unit
may
not
exceed
the
lesser
of
70
of
the
grocery
store
area
or
800
square
feet.
This
is
a
challenge
for
the
applicant,
because
the.
B
Structure,
this
is
remarkably,
common.
Life
is
much
different
in
1949,
life
was
much
different
in
1950.
It
is
really
difficult
to
have
a
structure
that
size
today.
So
70
of
the
growth
floor.
Aerial,
as
I
mentioned
in
my
packet,
is
around
530
square
feet
or
something
that's
not
something
that
is
a
realistic
dwelling
habit
by
code
or
by
living
standard
in
2023..
So
that
is
what
we
are
looking
at.
The
height
is
not
a
concern
here.
The
existing
accessory
structure
is
under
25
feet
height,
it
is
within
the
setbacks,
so
it
is.
B
I
will
show
on
my
side
photos.
It
is
off
the
side
and
the
rear
are
about
three
feet.
It
is
the
existing
non-conforming
as
an
accessory
structure.
As
we
go
to
a
dwelling
unit,
we
cannot
increase
the
degree
of
non-conformity,
so
there
are
actually
two
variances.
We
are
looking
at
under
7,
14,
1
3B,
the
first
and
this
we
can
get
two
birds
with
one.
So
here
the
first
is
for
the
size,
and
then
this
also
makes
it
a
occupy
a
conforming
existing.
B
Is
seeking
to
do
here
is
turn,
and
you
will
see
in
these
site
photos
give
me
any
time
for
that
today.
You
will
see
that
this
is
not
an
apartment
published.
This.
C
A
B
B
B
And
then
here
you
can
see
where
the
dimensional
line
Conformity
is
the
fence.
Is
the
property
line?
It's
just
a
little
bit
off
of
that.
But
what
we're
seeing
in
these
two
buildings?
We
have
a
Max
gross
Square
floor
area
of
1600
to
1700
square
feet,
and
the
applicant
is
proposing
to
do
Renovations,
of
course,
to
the
accessory
dwelling
unit,
but
will
not
be
expanding
the
footprint
in
a
way
that
would
not
meet
the
spirit
of
the
law.
Foreign.
B
A
B
B
Is
this
is
worth
mentioning
that
the
applicant
has
not
created
any
hardships
in
this
case
that
this
is
all
as
it
was
and
before
just
before
1949,
when
the
stone
building
which
will
be
used
as
an
accessory
dwelling,
was
built
in
the
same
lot?
These
have
been
the
same
structures.
There
is
no,
she
is
not
bringing
the
hardship
upon
herself
she's
just
trying
to
make
it
work
in
the
context
of
so
49
and
50.
Did
that
make
the
code
I
can't
say,
I
wasn't
able
to
find
anything
for
the
code
for
1949
to
1950.
A
A
B
Compliances,
while
we're
here
yeah,
the
interior
does
not
match
the
quality
of
the
exterior,
so
there
will
have
to
be
work
to
bring
it
up
to
standard
to
Residential
Building
Code.
At
any
time
you
use
substantial
renovation,
it
has
to
meet
current
building
and
Zoning
codes,
and
that's
what
brings
us
before
you
today
and
it
will
be
no
addition.
It's
just
a
matter
of
really
inside
was
there.
D
My
name
is
owner
of
17
Pinedale
Road.
In
addition
to
the
application,
I
would
just
like
to
share
a
few
points
that
I
hope
will
be
in
favor
of
approving
the
variances.
First
and
foremost,
the
variance
requests
are
derived
from
a
structure
that
is
already
existing,
so
no
new
building,
no
new
square
footage
will
be
added,
and
as
mentioned,
and
as
you
can
see,
the
structure
is
currently
completely
uninhabitable.
D
But
with
these
approvals
and
with
the
appropriate
professional
guidance,
I
would
like
to
turn
it
into
a
living
structure
seconds
to
the
best
of
my
knowledge,
there's
no
additional
utility
line,
no
gas
line
or
no
electricity
needed
all.
Those
are
in
existence
and
are
not
retired.
Yet
so
there
would
be
no
new
hardships
or
any
additions
or
city
resources,
and
then
I
recognize
that
the
nature
of
the
variances
are
to
protect
city
ordinances.
But
in
this
case
I
hope.
D
D
D
Not
in
particular
other
than
I
think
they
used
to
just
kind
of
a
glorified
shed
the
prior
owners.
But
since
then
it's
it's
been
unusual.
C
A
D
Make
a
motion
to
approve
both
experiences,
as
stated.
E
And
it's
very
clear-cut,
so
I
I
motion
to
approve
both
I
don't
see
anything.
Why
not
yeah.