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From YouTube: Board of Adjustment
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A
The
meeting
will
now
come
to
order
welcome
to
the
December
19th
2022
city
of
Asheville
Board
of
adjustment
meeting.
My
name
is
Paul
wilzinski
and
I
am
the
vice
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.
We
are
authorized
to
hear
requests
for
variances
from
the
city's
unified
development.
A
A
We
now
begin
the
evidentiary
hearings
for
the
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
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
rezoning
cases
which
are
legislative
in
nature.
A
This
board's
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
the
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
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.
A
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
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.
A
A
A
Our
first
and
only
matter,
the
owner,
self-slope
Apothecary
real
estate,
LLC
and
applicant
Nathaniel
Webster
of
ARCA
design
pllc,
are
requesting
a
variance
through
the
flood
plain
development
standards
for
substantial
Improvement
for
commercial
structures
found
in
section
7121e2b
flood
Hazard
reduction,
specific
standards,
non-residential
construction
of
the
unified
development,
ordinance
or
Udo.
The
owner
and
applicant
is
also
seeking
a
variance
to
allow
for
the
substantial
Improvement
to
two
historic
structures.
At
two
and
six
Brook
Street
pin
9648-60
dash
9201
without
fully
complying
with
the
flood
protection
standards,
we'll
be
voting
on
both
of
those
requests
together.
B
B
We
don't
see
flood
variances
very
often
so
I
was
going
to
walk
you
through
a
little
bit
of
the
process
and
procedure,
most
of
which
has
kind
of
already
occurred
as
part
of
the
application.
There
are
additional
special
requirements
that
are
required
both
as
part
of
the
applicant
application
and
a
report
from
the
floodplain
administrator
that
address
items
a
through
G
nope.
B
B
Anyway,
they're
included
in
your
packet
and
that's
just
part
of
the
review
of
the
application
to
make
sure
that
we're
maintaining
consistency
in
our
review
with
the
flood
ordinance
and
as
the
project
specifically
a
plot
like
applies
to
the
flood
ordinance.
B
C
B
Yep
so
in
summary,
they
are
requesting
ARCA
design
and
the
owners
are
requesting
relief
from
the
substantial
Improvement,
which
is
50
of
the
building
value
in
terms
of
improvement
for
the
flood
variants.
That
would
then
require
the
structure
to
be
brought
up
to
a
full
new
construction
standards
which
is
elevating
or
flood
protecting
two
feet
above
the
base.
Flood
elevation.
B
And
so
they're
requesting
relief
from
that
to
basically
and
then
the
floodplain
administrators
report
you'll,
see
to
see
the
50
and
then
they
are
proposing
to
protect.
B
B
B
The
building's
contents
would
be
no
more
susceptible
as
flood
damage
as
they
are
currently
and
they
are
proposing
to
elevate
one
of
the
floors
in
the
two
yes
and
two
Brook
Street
Elevate
the
floor
height,
an
additional
foot
and
nine
inches,
which
will
help
increase
the
flood
protection
of
the
ffe
or
the
finished
floor.
Elevation
as
well
as
flood
protect
all
of
the
equipment,
so
they're,
elevating
all
the
equipment
to
meet
current
new
flood
standards
so
that
all
the
equipment
will
be
elevated
or
flood
protected
based
on
building
code
and
having
a
back
order.
B
B
B
Sorry,
thank
you.
Yes,
all
right,
so
here's
the
location.
This
is
two
technically
four
and
six
Brook
Street.
There
are
only
two
buildings.
Building
two
has
two
units
address
two
and
four
in
the
historic
documents.
You
will
see
that
they've
been
addressed
different
addresses
throughout
the
years,
but
they're
the
same
buildings,
and
this
is
them
in
the
historic
district.
They
are
CI.
Zoning
right
and
the
aerial
feather.
B
B
B
B
D
And
so
the
the
one
building
that
they
are
raising
up
a
little
bit
is
that
because
they
have
the
floor-to-ceiling
clearance
height,
to
be
able
to
try
to
comply
a
little
bit
further,
so
they're
bringing
in
as
much
into
compliance
as
they
can.
Since
it's
a
single
story
structure,
they
really
don't
have
any
leeway
as
to
raise
it
up,
and
so
that's
why
we're
here?
Yes,.
B
D
Oh
I
had
one
other
question
so
since
this
property
has
been,
the
structure
has
been
in
the
flood
plain
for
years
when
they're
doing
their
flood
mapping.
It's
always
been
I'm,
not
sure
determines
that
it
is
mapped
and
it's
it's
always
been
an
infringement
or
a
illegal
non-conforming,
yeah
yeah
performing
structure.
That's
always
been
existence,
so
yeah.
E
B
F
B
B
Is
set
by
Federal
code
CR,
something
or
nothing.
F
A
C
One
of
the
benefits
of
raising
it
actually
because
the
two
existing
buildings
have
two
different
levels.
So
the
building
at
six
Brook
is
currently
1.9
feet
higher.
So
the
raising
the
building
at
two
to
four
up
that
that
helps
the
flood
resistance
of
the
building,
but
it
also
improves
the
accessibility
between
the
two
buildings.
C
So
the
way
that
we're
designing
it
will
still
provide
the
required
accessible
entrances
into
the
two,
the
the
building
on
the
left.
There
is
currently
not
an
accessible
entrance
into
six
Brook.
Okay.
C
Let's
see,
no
no
I
mean
so,
but
you
mean
the
change
of
the
use
of
the
of
the
structures.
No
I
mean
it
will.
It
will
be
modifying
the
life
safety
and
the
exiting,
because
it'll
it'll
be
going
from
Mercantile
to
a
combination
of
Mercantile
and
assembly,
but
the
new.
The
modifications
that
have
been
approved
under
the
certificate
of
appropriateness
will
meet
any
of
the
requirements
for
the
for
the
North
Carolina
State
Building
Code.
C
A
D
D
D
G
They
would
most
likely
deny
a
request
to
demolish
these
buildings.
However,
in
North
Carolina,
the
the
they
can
only
stay
a
demolition
for
up
to
a
year,
so
they
could
deny
it
with
the
intent
of
trying
to
find
some
alternative
to
demolition
that
for
that
window
of
time.
But
obviously,
if
that
you
know
that
expires,
then
the
person
would
be
able
to
demolish
the
building.
But
we
haven't
had
that
happen
and
in
my
time
here
so
but
yes,
theoretically,
someone
could
propose
to
demolish,
but
it
would
be
subject
to
review
by
the
HRC.
F
F
G
Well,
so
the
whole
goal
of
historic
district
overlay
is
to
preserve
the
historic
character
of
the
existing
historic
buildings
within
that
area,
and
so
each
district
has
their
own
set
of
design
standards,
and
in
order
for
for
changes
like
this
to
to
be
approved
by
the
HRC,
they
have
to
meet
the
adopted
standards.
And
currently
we
do
not
have
standards
that
really
speak
to
flood.
G
If
they're,
more
design
specific.
There
are
some
communities,
like
you
think,
of
like
Charleston,
where
it's
like
chronic
flooding.
Is
you
know
it's
it's
super
common
where
they
may
work
on
developing
standards
that
speak
to
elevating
buildings
from
their.
You
know
base
base
footprint,
but
we
don't
have
those
kinds
of
standards
here.
So
for
now
the
standards
read
that
you
know
these
are
the
XYZ
ways
we
can.
You
know,
control
the
you
know,
maintaining
this
historic
character
or
making
sure
it's
maintained.
So
there's
not
like
that.
Basically
and
and
I.
G
Let
Eric
could
probably
speak
to
this,
but
it's
not
necessarily
that
the
district
standards
or
design
standards
Trump
all,
but
essentially
they.
You
know
kind
of-
are
the
overruling
factor
here.
So
this
is
a
great
example
to
me
of
when
a
variance
should
be
approved
because
they,
basically,
if
they
had
to
you,
know
meet
the
current
new
construction
flood
plain
standards.
They
would
be
out.
They
wouldn't
be
able
to
meet
the
the
requirements
of
the
design
standards
so
that.
B
I
can
address
that
one,
not
really
because
they're
currently
occupied
they're,
currently
retail
spaces,
they're,
currently
commercial
spaces,
so
they
don't
pose.
They
aren't
proposing
anything
that
would
increase
that
risk
of
for
Public
Safety
from
a
like
they're,
not
adding
sleeping
rooms
below
base
flood
elevation,
which
is
one
of
our
critical
things
that
increases
other
than
that
they're
doing
they're,
elevating
their
equipment
and
machinery
and
probably
and
flood
protecting
the
service
loans.
So
they're
actually
doing
additional
things
that
protect
the
public
utilities
as
well
as
protect
the
utilities
that
serve
the
building.
F
Let
me
ask
questions,
I,
think
the
last
really
big
flood
of
us
in
2004
right,
it's
really
bad.
What
was
what
what
was
in
this
piece?
What
were
the
in
these
two
buildings
at
that
time?
You
know
I.
B
D
B
B
B
Were
considered
I
don't
know
if
I
can
legally
say
how
much
damage,
because
some
of
that
is
I
don't
know
they're
both
they're
in
a
repetitive
loss
Zone.
But
that's
because
we
had
two
floods
that
occurred
a
week
apart
from
each
other
and
a
repetitive
loss
is
an
insurance
claim
over
100
over
10
over
a
thousand
dollars
within
a
10-year
time
period.
B
B
B
B
A
Is
there
anyone
from
the
public
who
would
like
to
comment
in
this
case.