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From YouTube: Board of Adjustment
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A
However,
he
requested
that
disco
in
front
of
you
first
to
see
what
would
happen
with
the
driveway
at
all
to
begin
with,
so
this
is
the
driveway.
This
is
how
we
got
there.
This
is
another
angle
this
is
facing
towards
the
home.
You
can
see
more
of
that
turnaround.
There
was
additional
patio
work
done
into
the
exterior
garage
there.
It
is
facing
the
other
way.
A
B
A
Are
several
different
ways
to
answer
that
question?
I
will
say
this
and
then,
if
you
have
anything
more
specific
based
on
the
information,
I
provided
I'd
happy
to
hone
in
on
that,
so
the
city
of
Asheville.
Currently,
though
this
is
changing,
the
city
of
Asheville
is
responsible
for
apron
maintenance,
which
is
why
we
have
a
very
specific
ssdm
guidance
for
that
first
10
feet,
making
sure
it
is
asphalt,
making
sure
it
is
CABC
and
it
meets
those
width
standards.
There
are
also
pitch
standards.
Some
of
that
is
is
regulated
by
us.
A
Some
of
that
also
comes
from
the
Americans
with
Disabilities
Act
if
it
has
a
sidewalk
now,
if
you
are
doing
a
new
driveway
outside
of
that
10
feet,
and
it
is
more
than
repair
and
replace
just
as
the
case
with
any
thing
we
review
with
the
city,
anything
new
has
to
meet
the
new
code,
I'm
sure
you
can
find
plenty
of
driveways
out
there
that
do
not
meet
the
materials.
Do
not
meet
the
width,
don't
meet
other
parking
standards.
Part
of
that
is
because
it's
done
with
a
different
code.
A
However,
if
they
were
to
bring
in
in
a
new
permit,
they
would
then
be
required
to
bring
the
entirety
of
the
driveway
up
to
code
and
I
do
want
to
make
one
thing
clear
off
that
so
a
driveway
maximum
width
outside
the
building
envelope
is
18
feet.
It
can
be
39
feet,
it
can
be
69
feet.
It
can
be
how
never
many
feet
you
desire
as
long
as
it's
within
the
building
envelope,
we
only
regulate
and
dictate
what
is
outside
that
area.
C
E
F
B
Significant
so
on
a
road,
that's
been
there
since
the
1960s,
so
it's
kind.
B
So
I
understand
the
complexities
of
getting
a
driving
permit
in
the
city
of
Asheville,
on
that
drawing
so
I
just
wanted
to
make
sure
I
understood
on
the
drawing
that
the
applicant
provided,
the
I
guess.
The
house
side
of
the
Red
Box
is
the
setback
line
yeah.
So.
A
H
Okay,
does
the
applicant
have
any
thing
that
he
would
like
to
say.
H
Sure,
yes,
please,
okay
and
and
if
you
could
identify
yourself,
please
I.
F
Am
Nicholas
cardillo
owner
of
the
yard
fathers
first
time
ever
doing
this
so
I'm,
not
quite
sure,
if
you
had
any
questions
for
me,
we
did
not
pull
permits
for
this
before
the
job
was
done.
I
understand
that
we
would
have
known
about
the
setback
and
probably
modified
with
the
turnaround
space
with
that
red
square
setback.
F
Doesn't
quite
work
wouldn't
be
very
comfortable,
so
I
guess
what
we're
requesting
is
either
to
keep
it
the
same
or
at
least
some
sort
of
variants
if
we
could
even
get
like
five
feet
less
of
a
setback
but
still
make
it
a
comfortable
turnaround
and
kind
of
more
of
like
a
safer
way
to
pull
out
of
the
driveway
and
then
get
out
out
of
their
driveway.
H
F
No
no,
this
is
an
unusual
setback.
I
never
had
a
deal
with
such
a
long
setback,
which
is
25
feet.
I'm,
not
I'm,
not
quite
sure
what
your
question
is
so
I
find
it
unsafe,
as.
F
It's
just
a
comfortable
way
for
them
to
pull
out
turn
around
and
then,
instead
of
trying
to
back
out
of
their
driveway
into
a
busy
street.
That
was
the
purpose
of
it.
It's
not
a
parking
spot,
it's
more
just
a
pull-out
spot,
so
they
can
comfortably
get
out
of
their
driveway.
If
we
cut
it
in
half
would
be
a
lot
more
difficult
for
them
to
actually
back
up
and
to
and
stay
on
to
the
Pavers
that
we
would
have
to
remove
in
that
box.
B
F
In
this
situation
it
would
be
if
I,
if
we
had
to
move
that
section
up
towards
the
house,
it
wouldn't
be.
You
wouldn't
be
able
to
do
that.
You
wouldn't
be
able
to
pull
out
and
use
that
actual
space.
So
the
positioning
of
the
width
of
where
it's
at
is
what
makes
the
most
sense
and
comfortability
of
pulling
out
of
their
driveway
backwards
and
then
making
that
turn
in
that
landscape
and
in
that
setting.
F
B
F
B
B
Question
I
do
have,
though,
is
that
the
turnaround
space
I'm
having
a
hard
time
seeing
that
Dimension
is
that
16
feet,
and
maybe
this
is
a
question
for
Sam
as
well.
If
they
were
to
eliminate
that
16
feet
to
make
it
less
of
a
parking
space
flip
without
eliminate
the
need
for
variance
if
it
was
no
longer
18
feet
or
16
feet.
I'm.
A
A
B
B
A
There
could
be
a
greater
way
and
again
we
don't
have
an
issue
with
any
of
the.
You
know
this
delineates
that
25
feet
if
they
wanted
to
make
this
longer
as
long
as
it's
in
the
building
envelope.
That
would
give
them
more
room
to
back
out
and
I.
You
know:
I
am
not
a
landscape
architect,
maybe
adding
something
here
which
makes
that
a
more
smoother
transition
out,
but
the.
A
J
B
B
K
A
K
Out,
and
so
that
part
was
where
it's
a
turnaround,
I
mean
the
purpose
of
the
way
I
see
it
is
when
they
pull
into
the
driveway
into
the
into
the
garage.
It
allows
them
to
then
back
in
there
and
pull
out
forward
right,
correct,
and
so
what
you're
saying
I
think
is
that
if
they
reduce
that
size,
does
that
then
negate
in
this
necessity
of
a
variance?
Is
that
right.
B
B
A
A
There
are,
let's
see
where
there
are
other
driveways
in
this
neighborhood,
which
is
hard
to
see
through
that
yellow
filter
of
the
zoning.
But
there
are
other
ones
wherein
that
is
done
in
the
building
envelope
or
they
do
back
onto
the
street.
J
My
name
is
Howard
ramprasad
I'm,
a
neighbor
of
Ed
and
Sue
I
live
on
129
I'm
having
a
senior
moment
here.
I
live
just
around
the
corner
from
them,
and
I've
watched
this
whole
process
I'm
doing
the
driveway
and
I
thought
this
is.
This
is
a
beautiful
addition
to
their
home.
It
has
enhanced
the
neighbor
neighborhood
completely
I've
talked
to
numerous
folks
in
the
neighborhood
and
everybody
comments
that
suened's
driveway
and
parking
area
and
turn
around
area
is
one
of
the
most
beautiful
driveways
in
the
entire
neighborhood.
J
Let's
face
it,
folks
fall
driveways
and
concrete.
Driveways
are
ugly
they're
in
compliance
with
the
standards,
but
this
is
something
that
is
a
total
enhancement
to
the
neighborhood
I
understand
their
rules
and
regulations,
but
there
is,
there
shouldn't,
be
a
major
issue
with
this.
We
have
a
lot
of
ugliness
in
the
city
that
it's
not
addressed.
Just
is
a
pure
enhancement
to
the
neighborhood,
a.
J
The
typical
driveway
apron
should
be
concrete,
3000,
psi,
concrete,
I
believe
four
thousand
I
think
the
typical
concrete,
paver
PSI
compressive
strength
is
about
8
000.,
so
you're
looking
at
something
that
is
a
superior
product.
Yes,
it
could
be
damaged
because
it's
on
the
apron
but
concrete
pavers
are
easily
repaired.
I
personally
experienced
this
in
the
previous
residence.
It's
easy
to
repair
a
concrete
paver
if
it's
damaged,
so
the
city's
liability
with
an
apron
that
is
not
of
the
specified
material.
G
I'm
Ed
maggart,
one
of
the
two
owners
and
I
just
wanted
to
you
know
it
was
already
brought
up,
but
we're
certainly
happy
to
sign
a
I
forget
what
the
document
was
called
saying
that
there,
if
there's
damage
to
the
driveway,
we're
we're
willing
to
be
responsible
for
that
and
not
ask
the
city
to
pay
it,
whether
that's
construction
through
there
from
the
city
or
whatever
is
going
on.
So
we
realized
we're
out
of
compliance.
We'd,
obviously
like
to
keep
things
the
way
they
are,
and
we're
certainly
happy
to
take
responsibility
for
that.
H
Okay,
no
one
else
wants
to
comment.
I
will
close
input
from
the
public
and
I
will
ask
if,
if
there
is
a
motion,
let
me
rephrase
that
if
there's
a
motion
on
the
on
the
first
variance,
which
is
the
parking
and
loading
standards
which
I
will
let
Mr
Starbomb
repeat
exactly
what
we're
covering
under
that
again.
A
So
there
are
two
standards
here:
the
first
is
actually
just
because
it
references
711,
which
is
General
development
standards.
This
is
your
783
F9,
which
is
found
in
general
use
districts.
So
what
has
to
happen?
Is
you
have
to
Grant
both
of
them
for
this
to
be
considered
a
variance
for
the
driveway
that
exists,
so
it
I
can
clarify
more.
Maybe
Mr
Edgerton
can
opine
as
well,
but
the
first
of
the
two
votes
would
be
on
783,
which
is
General
use.
Districts.
I
will
leave
this
up
for
your
reference.
H
B
So
let's
I'm
gonna
explain
to
me
why?
Because
so.
A
C
G
B
H
H
Five.
Second,
okay:
let
me
start
by
making
a
comment
in
in
situations
where
something's
already
been
approved,
something
where
something's
already
been
done,
that
they're
asking
essentially
for
for
approval.
After
the
fact.
H
H
And
the
other
thing
that
I
will
I
will
just
comment
on
having
spoken
with
Mr
Edgerton
about
this,
the
I
think
30
some
people
who
signed
a
petition
even
though
that
that
is
not
not
sworn
factual
testimony.
We
are
allowed
to
consider
it
unless
somebody
objects
to
our
considering
it.
H
Okay,
having
said
all
that
I
opened
a
discussion.
B
Well,
I
can
appreciate
that
the
neighborhood
appreciates
this
driveway
and
it
does
it
really
nice.
You
know
it's
like:
where
do
you
draw
the
line?
Do
you
draw
the
line
when
the
driveway
is
100
feet
long
and
then
all
of
a
sudden
it
doesn't
comply?
And
then
we
go
back
and
we
say:
well,
we
have
standards
and
then
we
look
at
precedent
and
we
say
well,
but
we
granted
this
one
because
it
looked
nice.
B
That's
an
issue
that
I
have
to
reconcile
myself
with
as
a
designer
and
doing
good
work
and
and
the
way
an
end
product
looks
you
do
you
have
to
look
at
the
laws
and
and
they
are
made
for
the
lowest
common
denominator
so
or
the
guy
who
decides
he
wants
to
lay
down
a
bunch
of
gravel
next
to
a
curb
and
Parker's
already
there.
So
there
are
considerations
that
you
have
to
make
other
than
just
the
fact
that
the
end
product
is
aesthetically.
Pleasing
I
have
long
had
an
issue
with
a
25
foot.
B
B
B
The
only
other
hardship
that
I
can
think
of
is
the
house
is
existing
in
the
garage
was
in
the
location
that
the
garage
was
in,
but
again
that
wasn't
in
the
application,
and
we
didn't
hear
anything
about
any
specific
types
of
site
features
or
Hills
or
anything
like
that
in
the
application
or
in
the
testimony
today,
so
I'm
having
a
hard
time
finding
some
type
of
site-specific
hardship
related
to
this
piece
of
property.
For
this
driveway.
H
I
will
I
will
agree
with
Miss
gazi
about
the
the
the
unnecessary
hardship
I.
H
The
response
and
I'm
gonna
I'm
gonna,
paraphrase
it
in
terms
of
what
what
my
reaction
to
it
was
seems
to
be
well,
it's
it's
really
nice
and
it's
it's
safe
and
more
economical.
That's
that's
a
quote!.
H
And
it
mentions
allowing
homeowners
to
safely
exit
the
property
that
gets
back
to
a
question.
I
I
answered
I,
don't
understand
why
they
can't
safely
exit
from
a
property
that
meets
the
standard.
I
still
didn't
quite
catch
that
so
I.
Don't
I
also
do
not
see
the
unnecessary
hardship,
which
is
one
of
the
requirements
for
granting
a
variance.
H
Okay,
does
anyone
else
have
any
comments.
H
Yeah
Mr
Webb
aye
Mr,
Newman,
aye,
Mr,
Smith
aye
and
Paul
osinski
votes.
No,
so
the
vote
is
three
to
two
in
favor,
but
variance
requests
require
four
to
pass
through.
The
request
for
the
variance
is
denied.
A
A
That
was
part
of
your
application
for
what
you
were
requesting
in
that
this
is,
and
we
can
discuss
this
more
on
knowledge,
hoping
to
talk
to
you
outside
about
sort
of
what
happens
next,
but
this
is
that
was
what
was
listed
in
the
request
in
the
application.
H
D
D
D
D
D
H
The
second
variance
request
the
owner,
Sasha
Bannister,
is
requesting
a
variance
section:
7
8
17,
F5
setback,
standards
of
the
unified
development
ordinance
or
the
Udo.
The
petitioner.
F
A
A
This
is
an
atypical
order
of
a
variance
the
applicant
and
owner
of
the
home
is
Sasha
Bannister.
They
are
represented
today
by
their
agent,
the
Sewells.
You
can
see
Mike
and
his
wife
there
today
and
they
will
be
speaking
on
this
as
well.
What
has
happened
is
they
have
gone
in
front
of
the
technical,
Review
Committee
already
to
close
a
portion
of
a
road
right-of-way
which
I
will
show
here.
You
can
see
the
home.
What
is
circled
is
30
Sunrise
Drive.
A
A
Do
any
if
they
do
a
great
many
thing,
so
it
ranges
from
anything
above
a
level
one
which
is
done
in-house
staff,
so
level
twos,
certain
recommendations
to
Planning
and
Zoning
commissions
to
the
council.
There
are
a
number
of
actions.
This
is
considered
a
road
right-of-way
closure
which
is
required
to
go
in
front
of
the
technical
Review
Committee
of
that,
and
it
is
comprised
of
a
number
of
members
from
planning
from
planning
an
Urban
Design
from
transportation
from
public
works
from
water
to
ensure
that
all
members
of
City
departments
get
eyes
on
this
as
well.
A
But
this
is
what
I
would
call
a
fairly
standard,
Road
right-of-way
closure
request
which
started
here,
but
is
not
what
brings
it
it's?
What
brings
us
before
you
today,
but
that
is
not
the
matter
at
hand.
What
we're
going
to
be
talking
about
is
a
variance
based
on
the
actions
of
the
TRC,
so
the
TRC
has
reviewed
the
item
and
currently
has
it
on
hold.
What
they
are
doing
is
seeking
to
close
this
road
and
then
split
the
property
amongst
those
four
owners.
A
Here
you
can
see
the
zoning
which
is
rm8,
as
is
the
case
with
West
Asheville
you're,
going
to
find
that
this
is
a
sea
of
rm8
until
you
get
down
to
about
New
Belgium
south
of
Waynesville
Avenue,
where
that
becomes
the
river
Arts
District
and
then
you'll
have
to
go
much
much
further
west
until
you
get
to
the
RS
District.
So
plenty
of
rm8
here
is
a
good
example
of
what
this
looks
like
and
I
can
zoom
in
for
you
a
little
bit
to
where
you
can
see
this.
A
This
portion-
and
you
can
see
where
those
lines
would
then
be
divided
up,
so
the
property
would
be
split
and
then,
by
virtue
of
splitting
up
this
road.
So
if
the
TRC
were
to
vote
in
affirmative,
the
private
hounds,
your
drive
would
then
become
the
front
setback.
This
is
what
brings
us
before
you
today,
wherein
we
cannot,
as
City
staff,
allow
or
permit
anything
that
creates
or
increases
the
degree
of
non-conformity.
Now
as
it
currently
stands,
the
deck
that
is
there
on
that
Western
portion
is
a
perfectly
okay
deck.
It
is
within
the
side,
setbacks.
A
Side
setback
for
the
rm8
zone
is
six
feet.
There
is
not
an
issue
with
the
deck,
however,
if
this
were
to
go
through
this
closure,
then
that
would
become
the
front
setback
at
which
point
the
deck
would
then
encroach
into
the
newly
created
front
setback.
So
the
TRC
has
specifically
asked
that
the
banisters
represented
by
the
tools
come
before
you
today
to
seek
the
variance
for
that
46
percent
reduction
to
that
front
setback
to
allow
for
the
eight
foot
deck
to
encroach
into
that.
H
A
It
has
three
houses
which
is
30
34
and
then
the
schools,
and
then
this
house
has
access
both
off
of
Sunrise
and
through
this.
So
if
this
were
Road
were
to
close,
it
would
not
close
off
driveway
access.
There
would
be
a
shared
private
driveway
access
agreement
and
then
there
would
also
be
access
off
of
hounds
ear
for
30
Sunrise
Drive.
So
okay,
so
there
is
no.
We.
A
That
is
correct,
and
this
technically
it
is
paper
open
right
away.
This
is
this
is
a
rare
case
where
the
applicants
are
are
clear.
There
are
hundreds
of
miles
of
unopened
paper.
Road
rides
away
in
the
city
of
Asheville.
Some
people
respect
that
some
use
that
unofficially
there's
any
number
of
ways
in
which
those
are
treated.
A
I'll,
let
the
applicant
speak
to
that
I'm,
not
party
to
why
they're
closing
that
road
and
that's
Eric
can
weigh
in
too
I
don't
want
to
get
into
the
murky
Waters
of
the
TRC
action
here.
What
we're?
While
it
is,
certainly
the
impetus
for
appearing
before
the
Zoning
Board
of
adjustment.
It
is
not
necessarily
the
purview
which,
in
this
case
is
then
the
deck.
I
K
A
It's
private
Drive,
the
driveway
requires
no
variance
whatsoever.
What
is
happening
is
because
of
the
closure
of
the
drive.
You
are
then
turning
the
six
foot
side
back
side,
Set
Side
yard,
set
back
into
a
15-yard
front
setback,
at
which
point,
then
there
is
a
portion
of
the
existing
conforming
deck
that
then
becomes
non-conforming,
because
we
as
a
city
cannot
create
a
non-conformity.
It
has
to
go
in
front
of
the
board.
I
H
Are
there
any
other
questions
from
Mr
saravan
at
the
moment?
Okay,
thank
you.
Would
the
applicant
like
to
yeah
speaking
if
you
would
identify
yourself
first
so.
E
Yes,
I
am
Mike
Sewell
I'm,
the
property
owner
of
26
Sunrise
Drive,
and
authorized
to
speak
on
Sasha
and
Luke's
behalf
on
this
issue.
E
So
in
a
nutshell,
without
reconfusing
the
issue
we're
here
seeking
a
variance
for
a
conforming
issue
that
would
transition
to
a
non-conforming
issue
so
that
we
could
Advance
the
road
closure
request
that
we
have
the
language
that
was
used
cleaned
it
up.
Look
if
I
may
dive
into
that.
So
we
have
three
houses.
E
Well,
four,
when
you
count
hours
and
the
neighbors
of
this
community,
we
put
in
all
of
the
costs
for
maintenance
of
this
of
this
paper
Road,
although-
and
so
what
we
would
like
to
do
would
be
to
use
this
obviously
have
the
driveways
but
help
transform
it
into
more
Community
space,
we're
already
again
finding
the
cost
of
Maintenance
but
allowed
for
increased
pedestrian
usage.
We
also
have
it's
a
young
neighborhood
and
there
are
lots
of
children
playing
about
in
the
right-of-way,
and
we
can
maximize
that
space
for
a
lot
of
utility.
B
A
A
H
B
E
This
is
the
situation
that
we're
in
so,
as
it's
been
explained
to
me
by
Council,
our
council
is
that
a
paper
paper
Trails
which
are
roads
are
which
are
all
over
Asheville.
E
E
Is
if
we
were
to
move
this
process
forward,
we
need
we
seek
the
variance,
and
you
know
the
hardship
is
to
reconstruct
an
entire
deck,
would
be
cost
prohibitive.
I
E
H
I
A
And
that
is
I
will
say
this,
that
there
is
a
benefit
to
closing
these
paper
Road
rights
of
way.
This
is
something
we
are
struggling
with
in
development
services
right
now
and
coordinating
with
Emergency
Services
the
fire
marshal
as
of
right
now,
Chris,
Collins
and
Nancy
Watford
are
also
drawing
something
up,
but
the
elimination
of
this
is
of
City
benefit
and
by
closing
I
again,
it's
sort
of
ruining
Mike
earning.
A
What
I
would
love
to
show
you
here
and
and
would
really
elucidate
this,
but
it
is
divided
evenly
and
you
can
see
sort
of
in
this
right
hand
corner
where
what
would
be
gained
by
each
of
those
parcels,
and
that
is
it
is
not
Sunrise
Drive.
It
is
a
paper
Road
right-of-way
offshoot,
just
as
just
to
the
Northeast.
There
is
the
Sunrise
Drive
Court
Extension,
which
is
built
that
has
also
been
conveyed
in
a
similar
process,
but
because
that
was
new.
A
I
A
As
is
the
case
with
North
Carolina
General
statutes,
there
are
several
options,
but
when
the
default
for
a
road
right-of-way
closure,
is
you
basically
draw
the
road
right
of
way
right
down
the
center
line
and
divide
evenly
and
appropriate?
Now
you
can
always
get
a
private
attorney
involved
to
change
the
allocation,
but
that's
the
default
for
ncgs.
A
So
there
are
benefits
here,
because
there
are
people
using
this
and
getting
injured
on
city
property.
There
is,
there
is
an
issue
with
mapping
a
lot
of
people
think
already
that
they
own
this,
because
they
aren't
required
to
get
a
survey.
So
it's
something
where
they're
building
and
improving
upon
city
property,
and
then
we
say
Hey
listen.
We
may
actually
need
this
in
the
future.
This
may
be
conveyed,
so
it
provides
a
sense
of
clarity
of
what
is
exactly
happening.
A
The
I
like
in
a
road
right-of-way
that
is
unopened
and
on
paper
to
sort
of
limbo
it
could
go
either
way
this.
This
provides
Clarity
and
definition,
and
we
see
I
I
want
to
say
Stuart
rohrbaugh
the
emergency
911
addressing
coordinator
said
there
are
321
miles
of
unopened.
Road,
right-of-way
and
I
can
confirm
that
in
the
minutes,
but
it
is.
It
would
not
surprise
me
if
it's
actually
more
than
that,
that's
me
being
conservative,
and
that
quote,
and
what
this
does
is.
This
provides
Clarity
and
you
know
there's.
A
B
The
benefit
is
that
the
acreage
goes
to
taxable
courses.
C
H
Any
any
discussion
or
comments
about
about
the
case
within
the
board.
H
Okay,
we
got
here
so
go
for
a
vote:
Miss
godson
aye,
Mr,
Webb,
hi,
Mr,
Newman,
Mr,
Smith,
aye
and
Paul
wasinski,
evil
time.
The
request
for
the
variance
is
approved.
H
H
A
Were
very
typical
requests:
I.
Thank
you
for
your
patience
as
we
work
through
all
of
those.