►
From YouTube: Board of Adjustment – August 28, 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
C
A
A
Our
first
agenda
items
are
the
review
and
Adoption
of
minutes
from
the
June
and
July
2023
meeting.
So
first,
is
there
a
motion
with
respect
to
the
minutes
of
the
June
26
2023
meeting.
E
A
A
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
court
area.
State
law
set
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
This
board's
decisions
are
constrained
by
the
standards
of
the
city's
ordinance
and
the
facts
presented
at
the
hearing.
The
board
hears
and
conservative
and
considers
evidence
presented
at
the
hearing
and
applies
to
standards
set
forth
in
the
state
law
and
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
opinion
participation
is
limited.
This
meeting
is
open
to
the
public.
A
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
to
facts
to
which
they
are
competent
to
testify.
As
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.
These
topics
include
projections
about
impacts
on
property
values
and
projections
about
impacts
on
traffic
safety,
variance
requests.
A
A
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
civil
majority
vote
of
the
board.
Witnesses
must
swear
or
affirm
their
testimony.
At
this
time
we
will
administer
the
elf
for
all
individuals
who
intend
to
provide
witness
testimony.
Please
stand
and
raise
your
right
hand
if
you
plan.
A
A
A
Ordinance
or
Udo
the
applicant
is
seeking
relief
from
the
required
front
of
setbacks
from
25
feet
to
10
feet
and
rear,
set
back
from
25
feet
to
15
feet
and
relief
from
the
30-foot
aquatic
buffer
standards
for
land
disturbances
and
post-construction
for
temporary
and
permanent
impacts
to
the
Aquatic
buffer
to
construct
a
single-family
home
and
required
site
improvements.
The
property
is
known
as
99999
Lakeside,
Drive
and
pin
96
28-12-
55.82
I
will
I
will
say
to
the
board
that
there
are
three
variance
requests
here.
B
D
Thank
you,
chair
board
members,
Tyler
Kelly
residential
review
specialist
with
the
newly
restructured
planning
department.
Before
we
start
I
just
wanted
to
clear
that
I
did
make
a
slight
change
to
the
staff
report
in
conversations
with
the
applicant.
They
have
changed
some
house
designs
in
that
the
permanent
reduction
would
be
both
for
the
15
and
20
feet
along
the
50
and
100
foot
stretch
and
we'll
it
doesn't
it's
a
minor
change.
It
doesn't
really
change
the
degree.
D
That's
fine!
So
like
Paul
covered
I'm
not
going
to
list
them
out,
but
here
are
the
sections
of
code
that
the
variances
will
be
applied
to
we've.
Looked
at
these
before
this
one's
a
little
bit
unique
compared
to
the
last
one,
the
last
one,
if
you
remember
that
with
parking
standards,
this
one's
about
temporary
and
permanent
disturbance
in
the
set
on
the
parcel
in
the
Aquatic
buffer
and
then
in
addition
to
that
reduction
of
the
setbacks
in
rs2.
D
As
Paul
said,
the
three
variances
are
to
be
heard
together
as
they
are
interdependent
and
the
applicant
must
gain
approval
for
all
three
to
permit
construction
of
the
single
family.
Dwelling
denial
of
any
of
the
variances
would
result
in
the
parcel
as
undevelopable
as
a
summary
for
these
in
this
table.
Rs4
tracks.
Yes,
minimum
setbacks
required
fronts,
25
rears
25
sides
10..
The
applicant
request
is
to
reduce
the
front
setback
to
10
and
the
rear
set
back
to
15,
resulting
in
a
60
and
40
percent
relatively.
D
It's
Caney
Creek
is
the
surface
water
in
question.
The
applicant
is
seeking
to
reduce
the
Aquatic
buffer
33
along
the
first
50
foot
of
the
parcel
heading
Southeast
and
reduce
the
Aquatic
buffer
50
along
the
next
100
feet,
heading
Southeast
and
again
we'll
see
that
on
the
site
plan
and
be
a
little
bit
more
clear
and
then
here's
where
we
made
some
changes.
The
permanent
reduction
to
match
that
of
the
temporary
listed
above,
resulting
in
a
30
and
50
percent
reduction.
D
The
existing
site
conditions
provided
by
the
applicant
appear
to
show
one
jurisdictional
stream:
Taney
Creek
Running
along
the
west
side
of
the
parcel
The
Aquatic
buffer
stretches
toward
Lakeside
Jive
on
one
side
and
Crosses
into
the
neighboring
parcel
on
the
other.
The
proposed
home
is
shown
on
the
site
plan
in
the
exhibits.
D
D
D
The
narrow
shape
of
the
parcel
and
the
underlying
zoning
District
create
dimensional
constraints
to
the
allowed
buildable
area.
Post-Construction
mitigation
is
required
by
the
city's
Udo,
and
the
applicant
has
presented
those
plans
in
his
presentation.
The
proposed
site
plan
would
result
in
2500
square
feet
of
temporary
disturbance
and
again
permanent
impact
would
be
2
000
square
feet.
D
D
Some
site
photos
see
the
stream
there.
Some
trees,
Lakeside
Drive
and
the
applicant
also
has
some
photos
which
I've
included
here.
It's
more
up
to
date,.
D
And
then
here's
a
site
plan
I
got
the
night
next
slide,
it's
a
little
bit
bigger.
So
you
can
see
the
Aquatic
buffer
heading
South,
East,
Lakeside
Drive,
to
the
northeast
of
the
site
plan.
D
A
F
My
name
is
Braun
Anthony
Reinhardt,
and
thank
you
for
your
time
today
and
I
do
have
quite
a
bit
of
information
here.
If
there's
some
things
here
that
I'm
boring
you
with
the
details,
I
apologize,
you
can
tell
me
to
move
on,
but
this
is
again
the
property
number,
as
it
was
described
earlier,
the
current
owners
Harold,
crisp
and
Betty
crisp,
and
we
have
their
owner's
affidavit
and
partitioning
on
behalf
of
this
lot
and
do
have
the
lot
under
contract.
F
F
Really
is
the
fact
that
there's
no
aquatic
buffer
they're
mowing
all
the
way
down
to
the
creek
and
there's
nothing
there
as
far
as
native
plant
species
or
anything
to
provide
habitat
or
protection
or
filtration
for
the
creek
MSD
installed
a
sewer
line
along
this
area,
and
these
rocks
that
you
see
here.
F
These
are
kind
of
covered
up
by
leaves,
but
the
rocks
are
are
were
put
there
by
MSD
and
did
Shore
up
the
bank
and
give
it
some
of
those
things
that
we
were
looking
for:
erosion,
protection
and
filtration,
but
still
no
no
vegetation
there
just
a
longer
shot
of
those
rocks
and
picture
of
the
creek
on
the
property
as
it
is
today.
This
is
from
the
lower
portion
of
the
lot
near
Haywood
Road,
looking
up
and
again
further
up
where
it
joins
the
property
to
the
north.
F
F
So
This
Is,
the
aquatic
buffer,
as
it
would
be
today,
Caney
Creek
runs
along
the
South
Western
border
of
the
property.
The
Aquatic
buffer
extends
30
foot
from
Caney
Creek,
covering
most
of
the
lot
really
there's
a
small
portion
there,
but
that
would
certainly
be
covered
up
by
the
setback
that
we'll
see
in
a
minute.
I
just
included
some
other
pictures
here
from
GIS
showing
those
measurements
and
how
that
would
be
projected
The
Aquatic
buffer.
F
So
this
is
an
important
slide.
This
shows
current
25
foot
setback.
The
lot
is
50
foot
total,
so
the
rear
set
back
in
the
front
set
back
meet
and
again
additionally
covered
up
by
the
Aquatic
buffer.
So
there
is
no
buildable
lot.
There's
no
buildable
area
on
this
lot,
other
than
potential
that
we
have
put
in
a
variance
for
the
request
for
the
three
variances
that
would
open
up
a
small
area
on
the
lot
that
would
be
buildable.
F
No
okay,
so
the
question
was:
is
there
any
permanent
disturbance
in
the
Aquatic
buffer?
And
there
is
this
one
storm
water
drain?
That's
down
near
Haywood
Road.
The
neighbors
have
all
said
that
this
was
installed
and
it
was
very
needful
that
that
intersection
there
would
be
in
standing
water
if
it
were
not
for
this
storm
water
drain.
Storm
water
drain
does
go
directly
into
Caney
Creek
and
there's
about
40
square
foot
of
that
total
as
far
as
a
permanent
breach
in
the
Aquatic
buffer
questions.
F
The
question
on
the
application
was
in
regard
to
slopes
so
I've,
given
two
positions
here
on
the
layout
of
the
land
and
slope
number
one
is
about
40
percent
and
number
two
is
about
15.
The
five
foot
Contours
are
also
displayed
here
and
I
showed
the
work
at
the
bottom.
So
for
20
foot
of
Rise
we
had
50
foot
a
run
and
that's
the
40
percent
and
then
for
six
footer
rise.
We
had
38
foot
a
run,
that's
the
15,
so
the
total
is
about
twenty
seven
and
a
half
percent
of
slope
on
the
lot.
F
F
F
So
for
the
the
definition
of
the
Aquatic
buffer,
we
are
requesting
a
20-foot
aquatic
buffer.
So
that's
a
10
foot
reduction
for
the
first
50
foot
of
the
lot
and
then
for
the
next
hundred
feet.
It
would
be
reduced
to
15
feet
after
that
hundred
feet.
It
would
go
back
to
the
full
30
for
the
remainder
of
the
lot,
so
we
do
intend
to
include
more
native
species
in
this
area.
F
So
we
moved
away
from
the
the
picture
that
I
was
able
to
collect
from
the
gis
website
and
to
a
more
detailed
layout
so
that
you
can
see
more
clearly
what's
happening
here,
because
it
was
just
too
busy
with
the
satellite
photo.
So
in
addition
to
the
modification
to
the
Aquatic
buffer,
we're
also
asking
for
those
two
front
and
rear
setbacks
to
be
modified,
and
that's
shown
here.
The
front
setback
changed
to
10
and
the
rear
setback
changed
to
15..
So
the
home
dimensions
are
20
by
40.
F
F
So
there
is
a
rain
Garden
on
that
first
20-foot,
section
that
you
can
see
and
then
there's
another
small
rain
Garden
where
the
15
foot
section
ends
and
it
returns
back
to
a
full
30..
So
our
intentions,
there
are
for
the
house
Gutter
and
the
foundation
drain
to
go
to
the
rear,
the
larger
of
the
two
rain
Gardens
and
then
the
section
of
gutter
that
will
be
along
the
front
of
the
garage
will
go
to
the
small
Corner
rain
Garden
again
to
prevent
it
from
going
into
Caney
Creek.
F
The
filtration
and
collection,
so
they'll
be
absorbed
into
the
ground
and
not
go
in
the
creek.
So
across
the
lot
front
to
back
these
Dimensions
over
here
kind
of
show
you
what
you
would
have.
So
this
is
a
measurement
directly
across
the
house
from
the
front
of
the
lot
to
the
creek.
So
you
have
the
10
foot
setback
limit
that
we're
asking
for.
You
would
have
the
23
foot
house
footprint,
which
again
that
includes
the
roof.
F
C
D
C
A
F
F
A
Try
to
phrase
the
question:
could
you
just
heard
you
mention
like
native
plants
and
stuff
like
that?
Could
you
discuss
in
summary,
what
you've
done
to
minimize
the
impact
you
know
on
the
on
the
environment
in
terms
of
Designing,
the
house
and
designing
outside
of
the
house.
F
Yeah,
we
do
have
a
lot
of
slides
on
what
we
plan
to
do
as
far
as
the
planting
is
concerned,
I'll
get
to
that.
As
far
as
the
house
is
concerned,
all
that
we
did
was
try
our
best
to
reduce
the
footprint
of
the
house
so
that
we
could
fit
it
on.
What
portion
of
this
lot
we
felt
like
would
be
reasonable
for
the
setbacks
for
the
front
setback
and
the
rear
setback.
A
On
the
board
slides
he
has,
regarding
you,
know
the
vegetation
and
stuff
like
that.
Yes,
yes,
okay,.
F
F
F
This
is
the
upstairs
of
the
house
and
again
I'm,
not
sure
if
you
have
any
questions
or
any
real
interest
in
this,
it's
other
than
just
the
fact
that
this
is
the
the
house
that
we
wanted
to
build,
and
we
tried
to
shrink
this
footprint
down
as
much
as
we
possibly
could.
This
is
a
3D
render
of
the
house
with
some
of
the
Topography
of
the
lot.
There
is
a
fairly
steep
Bank
there
as
it
moves
up
toward
Lakeside
Drive.
F
F
F
So
there
were,
we
did
meet
with
Kevin
Devlin
from
MSD
and
the
the
way
this
map
looks
with
that
green
line.
Coming
to
the
second
of
the
two
manhole
covers
the
one
closest
to
Lakeside.
That
line
actually
connects
to
the
other
manhole
cover,
but
that
was
in
our
favor
that
helped
us
some
and
Kevin
helped
us
work
through
that
to
see
that
we
had
a
little
more
space
there
than
what
this
actually
reflects.
F
So
this
speaks
a
little
bit
more
about
the
planting
plan,
but
again
continues
to
talk
about
the
Aquatic
buffer,
so
the
amount
of
the
Aquatic
buffer
that
would
be
impacted
would
be
150
feet
and
that
would
be
about
2
000
square
feet
or
2500
square
feet
temporarily
affected
that
same
150
feet
would
be
affected
permanently,
but
it
is
smaller
just
because
of
the
area
that
we
would
have
to
put
the
silt
fence
around
the
house
when
the
house
was
finished,
that
aquatic
buffer
tightens
right
back
up
against
the
house
and
I
have
some
photos
about
how
that
that
will
happen.
F
So
before
we
had
planned
to
really
decide
on
what
vegetation
we
were
going
to
put
in
there,
the
native
aquatic
plants,
we
weren't
take
a
look
at
the
soil.
You
know,
make
sure
the
ph
and
the
soil
and
all
the
other
elements
of
that
were
a
good
match
for
the
species
that
we
had
planned
to
include
in
this
riparian
buffer.
F
So
here's
a
a
little
bit
of
a
graphical
description
of
what
we
plan
to
do
with
the
trees
further
back
from
the
creek
and
then
the
smaller
shrubs
up
closer
there's,
also
the
consideration
of
MSD
sewer
line
there.
So
we
can't
plant
trees
right
where
MSD
sewer
line
is,
but
we
can
plant
the
smaller
shrubs
and
vegetation
there
and
again.
This
provides
stability
for
the
riverbank
habitat
for
creatures
and
such
but
also
filtration,
for
the
creek
to
protect
it
from
surface
runoff.
What's
headed
that
way,.
F
So
this
is
a
little
bit
better
description
of
what
the
rain
Garden
looks
like
the
fact
that
that
would
be
dug
out.
There
would
be
some
media
in
there
that
would
help
with
holding
the
water,
but
also
letting
it
filter
into
the
ground,
and
all
this
would
be
an
effort
to
protect
those
gutter
drains
from
actually
going
straight
into
Caney
Creek.
F
Again,
this
talks
about
the
changes
to
the
Aquatic
buffer
and
how
that
would
be
dealt
with
during
the
construction.
So
there
would
be
in
that
area
where
we've
defined
as
between
50
feet
and
100
feet,
where
it
steps
back
to
only
15
foot.
We
do
have
to
put
silt
fence
in
that
area
during
the
time
the
house
is
being
built
and
they'll
have
to
be
some
room
there
for
the
construction
activities.
So
after
that
is
done
and
before
the
silt
fence
is
removed.
F
So
these
are
some
of
the
trees
on
the
property.
This
is
a
bald
cypress,
the
large
tree,
and
you
see
a
little
small
shrub
marked
in
grained
down
by
the
creek.
We
plan
to
keep
those
the
smaller,
bald
cypress
in
the
the
red
circle.
Again
we
talked
earlier
the
MSD
sewer
line
forced
us
to
push
the
house
a
little
further
back
on
the
property
than
we
had
hoped.
That's
why
we
moved
the
garage
into
the
house
and
tried
to
pull
the
house
back
forward
a
little
bit
to
keep
this
tree.
F
If
we
can
right
now,
we
only
have
six
feet
between
that
tree
and
the
Eve.
So
we've
got
another
foot
and
a
half
to
the
house
still
a
little
too
tight.
But
again
this
provides
the
shade
for
the
creek
and
some
habitat,
but
also
provides
good
privacy
for
the
backyard,
so
we're
trying
to
work
out
a
way
that
we
can
keep
this
little
tree.
F
If
we
can
so
these
trees
are
the
ones
that
will
be
removed
for
the
house
pad
and
to
your
question
earlier,
sir,
you
can
see
how
this
land
slopes
down
toward
the
creek.
None
of
that
would
be
affected
at
all.
The
house
would
sit
higher
up
on
this
middle
portion
of
the
lot
and
that
really
does
provide
a
lot
of
protection
between
the
creek,
so
this
would
be
in
effect,
the
same
hop
as
the
house.
F
So
there
were
three
other
things
that
we
needed
to
just
look
into
the
10-141
table
and
we
decided
that
was
not
necessary
here,
because
those
are
for
really
exceptions
and
not
variances.
We
did
Cover
also
that
there
was
no
need
for
a
NC
I.
Think
I
missed
one
there
yeah
the
Army
Corps
of
Engineers,
because
we're
not
doing
anything
with
the
creek
we're
just
trying
to
protect
the
creek.
F
So
we
didn't
need
to
do
anything
there,
I'm
just
going
through
the
full
application
to
make
sure
nothing
was
left
out
and
then
the
North
Carolina
Department
of
interior
or
Environmental
Quality,
nothing,
nothing
to
do
with
that
one
either.
So
that
was
really
the
conclusion
of
our
preliminary
presentation.
But
since
that
time
we've
had
a
month
to
do
some
other
things.
So
what
we
did
during
that
time
was
we
turned
in
our
our
soil
sample
to
the
extension
service
there
in
North
Carolina.
F
They
provided
our
report,
so
you
can
see
here
that
our
pH
level
was
right
in
line
with
what
it
should
be
a
couple
other
things
on
the
potassium
and
the
phosphorus
were
not
as
good
as
they
should
be.
So
we
know
we're
gonna
have
to
make
some
adjustments
as
we
plant.
We
also
did
our
own.
This
from
the
state
gives
us
some
recommendations
how
to
accomplish
that.
F
We
did
our
own
soil
testing
as
well
dividing
the
lot
into
top
middle
and
bottom
to
look
at
each
Zone
kind
of
independently,
and
we
have
those
pH
results
again.
I
don't
want
to
really
bore
you
with
the
details.
We
won't
spend
a
lot
of
time
on
these,
but
the
data
has
been
collected.
We
also
looked
at
potassium
nitrogen
and
potash
and
or
phosphorus
I
should
say.
I
apologize
and
those
results
are
here.
In
most
cases
they
were
sufficient.
There
were
some
depletions.
We
have
two
adequates
and
a
depletion
here.
F
So
knowing
that
we're
going
to
have
to
make
some
adjustments
there,
we
did
look
at
the
nc.gov
website
and
find
some
recommendations
for
how
to
use
fertilizer,
especially
when
storm
runoff
situations
and
not
want
to
cause
a
problem
with
the
creek.
It
suggests
a
lot
of
organic
materials
that
we
plan
to
use
as
opposed
to
just
fertilizer.
F
The
last
thing
was
resource
material.
That
Nancy
had
suggested
that
we
use
that.
Just
helps
us
pair
up
the
plants
that
we
have
chosen
with
the
pH
level
of
the
soil,
and
you
can
see
each
one
of
the
things
that
we
chose
here
is
in
really
an
ideal
range
for
the
pH
of
the
soil
and
what
we
have
that
we're
dealing
with
there.
F
Now
again,
we
haven't
sourced
any
of
these
things,
so
there
could
be
some
changes,
but
if
we
have
to
use
different
plants
we'll
make
sure
that
they
also
are
in
that
region,
where
they'll
Thrive
and
do
well
okay,
so
we
went
through
everything
but
I'm
certainly
open
to
questions.
If
there
are
other
things
that
we
didn't
cover
that
you
need
for
me
to.
D
E
D
F
Yeah
so
there's
the
the
front
of
the
house
that
has
the
the
garage.
So
that's
going
to
be
very
small,
but
that's
the
consideration
for
the
smaller
triangular
rain
Garden
here
in
the
front
and
then
the
larger
rain
Gardens
shown
an
oval
shape
in
the
back
again,
I
say
one
gutter,
because
it's
a
shed
roof.
You
can
see
on
the
screen
there.
There
is
just
the
one
length
of
gutter
that
would
drain
to
the
big
rain
Garden
in
the
back.
F
D
F
But
there
will
be
silt
fence
all
along
that.
One
of
the
descriptions
was
we'll
begin.
The
silt
fence
right
here
where
this
is
shown
and
it'll
go
across
that
20
foot
and
also
we'll
find
the
the
15
foot
area
and
then
slope
out
to
the
road.
So
all
that
area
will
be
inside
of
sill
fence
before
the
soil
is
Disturbed
at
all
and
before
the
silt
fence
is
removed,
that
dry
bed
area
will
be
put
in
place
to
be
more
of
a
permanent
filter
for
anything
moving
toward
the
creek.
E
F
E
E
F
Thank
you
and
that
still
fence
would
stay
in
place
until
the
house
was
finished
and
that
dry
bed
that
you
see
on
the
screen
was
put
right
up
next
to
the
house
and
then
the
sill
fence
would
be
removed.
So
there
is
something
there
because
I
mean
if
you
think
about
that
I'm
I'm
10
feet
into
that,
but
I'm
only
five
feet
out
of
the
creek
right,
because
I've
only
got
15
feet
in
the
back
yeah.
A
A
C
A
A
A
F
A
E
Completely
appropriate
application
I
mean
just
with
the
buffer
alone.
It's
not
buildable
lot
unless
they
get
a
variance,
so
I
think
they're
being
I'm
pretty
mindful
of
the
stream
I
kind
of
wish
that
they
would
build
it
not
slab
own
grade.
Just
in
case.
However,
we've
got
up
to
there
insurance
company
and
to
deal
with
those
kinds
of
issues
if
they
should
rise.
So.
A
A
So
we're
going
to
go
to
a
vote:
Ms
katsie
aye,
Mr,
Smith,
aye,
Mr,
Newman,
aye,
Mr,
Luciano,
aye
and
I
vote.
I
request
for
the
variance
is
granted.