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From YouTube: Board of Adjustment
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B
Okay,
the
meeting
will
now
come
to
order.
Welcome
to
the
october
25th
2021
city
of
asheville
board
of
adjustments
meeting.
My
name
is
pratik
bhakta
and
I'm
the
chair
of
the
board.
The
board
of
justice
is
a
quasi-judicial
body
that
is
governed
by
the
north
carolina
general
statutes
and
the
city's
unified
development
development
ordinance.
B
We
are
authorized
to
hear
requests
requests
for
variances
from
the
city's
unified
development.
Ordinance
appeals
from
final
determinations
made
by
city
officials
charged
with
enforcement
of
the
city's
unified
development,
ordinance
requests
for
reasonable
accommodations
and
other
requests,
as
may
be
provided
in
the
city's
ordinances.
All
committee
members
and
staff
are
participating
virtually.
We
appreciate
your
patience
as
we
work
through
committee
meetings.
A
bit
differently.
B
I
will
now
go
through
and
introduce
all
committee
members
who
are
participating
virtually
make
sure
you
unmute
your
microphone
and
then
mute
it
again.
If
you
are
speaking
and
then
and
not
speaking
when
you
have
a
question
or
would
like
to
speak
unmute
your
microphone,
please
remember
to
mute
your
phone
after
you
are
done
speaking.
So
we
avoid
background
noise.
Community
members,
as
I
call
your
name,
please
say:
a
quick
hello
bill:
newman,
hey
suzanne,
godsey
good
afternoon,
paul
wisinski
hi
and
myself
petite
vodka.
B
There
are
only
four
members
today
and
for
variances
to
be
granted.
B
There
has
to
be
four
yes
votes
out
of
four
today.
Ordinarily,
it
would
be
four
out
of
five
and
then
also
with
us
today
is
our
assistant
attorney
eric
edgarton
and
who
will
I'm
sorry
currently
see?
I'm
sorry,
I
also
like
anyone
speaking
today,
including
staff,
to
state
their
names
and
titles
for
the
record
before
speaking,
to
help
our
audience
follow
along
I'll
state
each
section
of
the
agenda
aloud
and
do
a
vocal
roll
call
for
each
vote.
B
Additionally,
I
may
I
ask
that
committee
members,
you
know
raise
their
hand
or
or
just
interrupt
if
we
need
to
to
state
any
questions
or
comments.
We
have
two
agenda
items
and
the
third
obviously,
is
our
meeting
minutes
and
wanted
to
find
out.
If
we
had
the
july
meeting
minutes
prepared,
ricky.
B
Okay,
what
about
the
september
minutes.
A
They
are-
and
I
received
them
recently,
but
they
were.
I
didn't
want
to
send
him
on
top
of
so
late
in
the
day
on
friday,
so
they
came
in
very
late,
so
I
I
know
they're
very
extensive.
They
were
kind
of
lengthy
and
I
didn't
think
that
was
going
to
be
enough
time.
So.
B
So
we'll
we'll
postpone
the
the
july
and
september
meeting
minutes
approval
meeting.
Yes,
yes,
sir.
Okay,
so
now
we'll
begin
the
evidentiary
hearings
for
the
cases
listed
in
the
agenda
in
hearing
cases,
the
board
conducts
a
quasi-judicial
evidence.
You're
hearing.
That
means
it
is
like
a
court
hearing.
State
law
sets
specific
procedures
and
rules
concerning
how
this
board
must
make
its
decisions.
B
These
rules
are
different
from
other
types
of
land
use
decisions
like
rezoning
cases
which
are
legislative
in
nature.
This
abortion
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
city's
ordinance.
The
board
must
base
its
decision
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
opinions.
B
Participation
is
limited.
This
meeting
is
open
to
the
public.
Everyone
is
welcome.
To
watch
parties
have
rights
to
participate
fully.
Parties
may
present
evidence
called
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.
B
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,
projections
about
impacts
on
traffic
safety,
for
variance
requests.
Again,
four
fifths
of
the
board
is
required
to
grant
the
variance.
Today
we
only
have
four
members
for
all
other
hearings
and
matters,
including
adoption
of
the
minutes.
The
decision
will
be
made
by
a
simple
majority
of
the
board.
B
B
D
B
We
have
two
variance
requests
today.
The
first
is
the
petitioner
brent
campbell
architecture
on
behalf
of
the
owner,
stephen
and
kimberly
wrote
rosa
rosas,
I'm
sorry
if
I
butchered
your
name,
are
requesting
a
variance
to
the
front
setback
development
standards
found
in
section
7-12-4-h
of
the
steep
slope
and
ridge
top
development
of
the
udo.
B
The
second
is
the
petitioner
marnie
graves
on
behalf
of
the
owner.
Scott
allison,
scott
and
allison
blake
are
requesting
a
variance
of
the
maximum
grading
allowance
development
to
standard
found
in
section
7-12-4-f,
again
steep
slope
and
ridge,
top
development,
grading
of
the
unified
development
ordinance.
We
will
now
start
with
the
first
case
and
I
hand
it
over
to
you,
mr
hurley.
B
A
You
chair,
so
I
just
wanna
make
sure
we
we
spoke
with
the
applicants
on
both
cases.
I
I
just
want
so
we
get
on
the
record
that
they
understood
that
they
needed
four
votes
out
of
the
four
sitting
board
members
to
grant
a
variance
if
they
understood
and
wanted
to
proceed
with
that
today,
and
we
understood
that
that
was
correct.
Just
double
checking
since
we're
now
live
and
on
record.
F
A
Okay,
so
as
it
was
introduced
property
zone
to
rs2
it's
deep
slope,
almost
the
entire
property
is
within
zone
a
and
or
zone
b.
F
A
Foot
setback
so
in
the
center
of
the
slide,
you'll
see
it's
kind
of
hard,
but
in
in
very
light
blue
and
outline.
The
very
center
is
the
subject:
property
zoned,
rs2
bow
catcher
heights
is
directly
to
the
east
on
the
kind
of
east
flank
of
oketro
mountain
and
the
mission
hospital
complex
is
due
south
of
here.
A
A
little
bit
more
zoomed
in
aerial
photo
of
this
area,
you
can
see
macaulay
drive
kind
of
arcs
back
from
the
south
joining
reservoir
road.
The
area
here.
A
A
And
I
know
it's
kind
of
small
I
can
zoom
and
try
to
zoom
in
a
little
bit,
but
this
is
the
the
subdivision
plot
that
created.
F
That
didn't
work
very
well.
I'm
gonna
do
200
just
to
show
the
lot.
A
A
And
just
the
applicant
presented
a
plan
profiles
I'll
let
either
jason
or
aaron
talk
through
this,
but
these
are
some
examples.
Obviously
this
is
116.,
I
think
that's
existing
home
if
I'm
correct,
and
then
they
had
several
proposed
site
plans.
I
believe
this
is
the
proposed
or
desired
outcome
is
exhibit.
I
call
2a,
and
this
is
also
showing
with
the
variance
what
that
house
would
look
like
with
the
driveway
and
then
they
showed
a
couple
comparisons
with
the
full
20-foot
setback
applied
here.
A
I
believe
one
of
the
things
here
is
that
that
shows
the
resultant
driveway
that
would
come
down
the
slope
to
the
home
and
then
exhibit
4a,
I
believe,
shows
a
more
realistic,
driveway
slope
I'll,
let
mr
gillian
he
he
knows
more
about
driveway
slopes
than
I
do,
and
aaron
does
too
miss
foy
and
also
shows
a
driveway
slope
here
as
well.
A
So,
as
mentioned
is
a
1.2
acre
property.
The
majority
of
it
is
in
zone
a
it
was
planted
in
july
july,
11th
of
2008,
so
it
was
after
steep
slope
went
into
effect
in
2007.,
the
majority
of
the
property
is
zone
a
with
the
area
along
macaulay
road,
a
sliver
of
zombie.
A
There
was
about
the
average
natural
slope.
Here
is
38.79.
A
A
With
that
I'll,
let
the
much
more
knowledgeable
design
professionals-
ms
foy
and
mr
gillian
explained
these
cross
sections.
We
had
a
very
lengthy
conversation
in
a
pre-application
meeting
and
I
think
they
can
do
they
do
much
more
excellent
job
in
explaining.
What's
going
on
here,
the
technical.
A
G
Yeah,
I
guess,
if
you
want
to
step
back
ricky
to
the
first
exhibit
okay,
let
me
get
back
to
the
116
macaulay.
F
G
I'll
I'll
pull
it
up
on
my
screen
too,
so
I
can
so,
as
ricky
mentioned
the
right
of
way
that
fronts,
this
parcel
is
abnormally
wide
and
when
we
went
back
to
its
plat
original
plat,
there
was
some
utilities
that
were
planned
for
on
this
side
of
the
road
that
inevitably,
when
we
have
the,
as
built
survey,
were
built
on
the
other
side
of
the
road.
G
So
we're
not
quite
sure
why,
in
front
of
this
parcel,
the
width
of
the
right-of-way
is
much
more
extensive
than
its
neighboring
parcel,
116
macaulay,
which
is
directly
to
the
south
and
is
not
currently
developed.
It
was
the
first
parcel
on
macaulay
that
was
developed
so
in
an
effort
to
do
a
comparison,
116
macaulay
as
you're
looking
at
like
I
said
it's
not
currently
developed,
but
we
took
our
clients
house
cross
section
and
applied
it
to
the
parcel
at
116
macaulay.
G
You
can
see
from
the
right
of
way
as
platted
is
14
feet
behind
the
back
of
curb
on
116
macaulay
on
our
parcel.
F
G
On
our
parcel,
the
right
of
way
is
30
feet,
8
inches
behind
the
back
of
curb
a
difference
of
16
feet,
17
feet
so
with
the
front
setback
reduction
on
macaulay
from
a
35
to
a
20,
because
it's
in
a
steep
slope,
that's
that
34
feet
ish
from
the
back
of
curb
to
the
front
of
the
structure
is,
would
be
something
permissible
on
that
lot.
Without
that
parcel
gaining
a
variance.
G
The
request
is
to
reduce
that
front
setback,
to
have
a
situation
similar
to
what
they
would
be
able
to
develop
and
that
this
is
in
plan
form,
which
would
minimize
disturbance
and
grading
activity.
And
then
the
section
speaks
for
itself
where
we
can
basically
have
the
upper
finish
floor
with
a
relationship
to
the
street.
G
Again
with
a
similar.
We
show
it
a
few
feet.
You
know
three
feet
closer
than
what
what
the
neighboring
property
but
in
essence,
we're
we're
wanting
to
have
some
some
similar
application
to
that.
G
Next,
if
we
were
to
adhere
to
the
20-foot
setback,
which
we
could
do
next
slide
that
obviously
the
disturbance
limits
gets
greater,
but
without
doing
an
extensive
driveway
that
driveway
grade
would
be
24,
which
is
not
desirable.
From
a
design
professional
standpoint
we
like
to
draw
driveways
at
18,
20
percent
grade
or
less
in
order
to
have
a
say.
G
A
similar
relationship
between
finished
floors
on
the
upper
level
in
the
lower
level
and
a
stem
wall
in
the
rear
of
the
building
that
footprint
and
height
above
existing
grade
is
exactly
the
same
as
the
zero
setback
application
and
to
in
order
to
accomplish
that,
we
would
have
a
24
driveway
entering
the
property
down
below
the
road
and
next
slide,
and
we
just
wanted
to
demonstrate
that
in
order
to
get
a
20
driveway
grade
it
would
you
know
which
would
be
desirable
it
would.
We
would
obviously
adhere
to
the
35
foot
front
setback.
G
It's
much
more.
Grading
activity
would
occur,
but
that's
what
this
application
starts
to
look
like
to
get
a
desirable
driveway
grade
on
this
particular
parcel.
And
it's
it's
evident
on
the
section
as
well.
G
Oh,
no,
sorry,
even
at
that
location
in
order
for
the
finished
floors
and
the
stem
wall
in
the
rear
to
have
a
similar
situation
as
it
would
at
the
zero
percent
setback,
we're
actually
at
a
27
grade.
So
in
order
to
accomplish
a
20
grade,
we
would
have
to
create
a
switchback
of
some
sort
and
really,
you
know,
disturb
a
majority
of
this
parcel,
which
is,
is
not
desirable
to
our
clients.
G
Okay,
but
we
did
ricky
encouraged
us
to
reach
out
to
transportation,
see
if
there
was
any
consideration
for
a
right-of-way
reduction,
which
is
an
extensive
process,
but
to
date
they
have
not
responded
to
that
entertainment.
H
A
G
So,
with
the
requested
variance,
our
disturbance
is
would
be-
and
this
is
a
rough
guess-
and
this
is
pretty
pretty
accurate
on
this
one,
because
we
wouldn't
have
essentially
on
either
side
or
the
downhill
of
the
house
would
is
all
meeting
at
grade.
So
it
would
be
disturbed
and
cleared,
but
not
necessarily
grading
activity
from
a
manipulation
standpoint
and
that
particular
we
have
7288
square
feet
of
disturbance.
G
G
9005
square
feet
and
if
we
were
at
the,
I
don't
even
know
if
we
can
say
on
the
35
foot
setback
or
the
driveway
access,
because
this
is
not
something
that
I
would
recommend
to
the
client.
We
would
probably
need
to
make
a
switch
back
and
to
the
to
the
north
and
place
the
house
more
centrally
in
the
lot
to
get
a
20
driveway
grade,
and
I
think
we
would
exceed
the
25
percent
disturbance.
G
But
what
I'm
demonstrating
in
plan
form
currently
would
be
11
000,
just
shy
of
11
500
square
feet
or
two.
You
know
22,
so
you
know
to
to
get
a
desirable
driveway
grade,
not
27,
not
24.
G
And
if
anybody
has
been
to
the
site,
you
can
see
you
can
stay
right
on
this,
exhibit
the
northern
end
of
our
disturbance
limits,
touches
and
existing
storm
water
infrastructure
associated
with
the
road
and
two
to
one
fill
slopes
that
stretch
both
north
and
west.
G
It
would
not
and
there's
a
guard
rail
on
on
fronting
the
road
on
this
parcel,
essentially
from
that
storm
water
infrastructure
to
the
northernmost
corner
of
the
property,
it
would
not
be
desirable
to
access
the
property.
G
North
of
that
storm
water
location,
and
it
would
be
very
challenging
to
create
driveway
access
on
that
existing
two
to
one
slope
and
most
likely
you
would
have
to
cross
the
discharge
of
that
storm
water
infrastructure,
which
is
also
not
desirable
from
a
planning
standpoint,
or
you
know,
strong
water,
drainage
control,
standpoint.
I
I
had
a
question
if
you
could
go
to
the
setback,
exhibit.
I
For
this
one
or
even
if
you
were
to
get
the
variance
and
place
the
house
at
the
property
line
or
close
to
it,
are
you
going
to
fill
the
front
yard
or
is
that
going
to
be
a
bridged,
gangplank
kind
of
driveway.
G
We
had
conversations
regarding
that.
We
have
done
a
preliminary
grading
plan
for
both
this
scenario
and
the
zero
setback,
and
there
would
need
to
be
a
wall
on
the
northern
side,
but
we
believe
we
can
grade
the
southern
portion
of
the
of
the
driveway
in
between
the
driveway
and
the
house.
G
G
Yeah
in
the
20
foot
back
20
foot
setback
scenario:
the
bridge
would
be
challenging
because
of
the
then
we
would
have
two
full
stories
underneath
the
living
the
two
living
spaces,
because
we
wouldn't
be
gaining
any
grade
change
so
and
then
we
would
exceed
the
height
requirement.
I
Gotcha,
that's
that's
what
that's
what
I
wanted
to
hear?
Okay,.
J
You
mentioned
something
earlier
jason
about
the
utilities
and
what
you
found.
I
think
this
is
a
fully
developed
dead-end
street.
There's
no
plans
to
develop
further
and
you
everything
is
set
in
terms
of
the
city,
utilities
and
so
forth.
Correct.
G
So
we've
got
water
and
duke
in
the
street,
and
the
only
utility
that
hops
the
curb
and
gutter
on
on
that
fronts.
This
parcel
is
a
t
and
it's
about
a
foot
or
18
inches
behind
the
back
of
curb.
So
it's
not
anything
that
would
be.
G
Altered
but
as
I
stated
that
the
water
was
originally
planted
outside
of
the
roadway
but
within
the
right-of-way
on
the
east
side-
and
I'm
curious
is
that
why
the
right-of-way
was
planted
so
wide,
but
again
during
installation
that
did
not
occur.
It's
it's
underneath
the
sidewalk
and
the
roadway
on
the
east
side
of
macaulay.
Not
so
there
is
no
utility
conflicts.
B
D
We
do
we
have
two
colors
on
the
line
if
any
of
y'all
want
to
speak,
press
three
or
star
starving.
B
Okay,
I'm
gonna
close
public
comments
and
open
up
for
the
board
for
discussions.
C
K
C
The
motion
on
the
table
this
bill
I'll
second,
the
mission.
B
Okay,
let's
take
it
to
a
vote.
Suzanne
godsey.
K
B
All
right,
let's
move
on
to
the
next
agenda
item
martin
graves
on
behalf
of
owner
scott
and
allison
blake,.
A
I'm
sorry
you'd
be
surprised
by
our
slow
wi-fi
here.
A
All
right,
so
we
do
have
258
vance
gap,
road
gradient
allowance
variants.
A
So,
as
I
mentioned
earlier,
we
have
ms
graves
and
mr
blake
on
the
meeting
with
us
today.
So
udo
712,
4
f1
is
everybody's.
Pretty
familiar
with
is
steep
slope
gradient
allowance.
A
A
The
petitioner
is
requesting
6
200
square
feet
of
disturbance
to
allow
the
construction
of
a
house
based
on
the
zone
b
area
of
the
parcel.
It's
about
24,
2500
foot
in
elevation
and
a
15
allowance
for
the
parcel
size.
You
would
be
allowed
6,
228
square
feet
and
I'll
note
further
down
in
the
report.
A
Just
me
and
marty
were
talking
is
that
the
steep
slope
calculator
indicates
the
parcel
is
40.17
percent
and
I'll
just
say
that
a
lot
of
times
that
comes
out
a
little
bit
higher
from
time
to
time
and
there's
some
evidence
submitted.
That
indicates
the
lot
is
actually
a
little
bit
less
steep,
so
much
that
it
actually
moves
it
from
a
15
limit
to
a
25
limit.
A
A
Here's
the
zoning
map
as
you'll,
see
in
that
kind
of
light
tan
area,
that's
all
rs2
with
the
contour
lines
and
that's
kind
of
busy
the
kind
of
eastern
portions
about
the
2500
contour
line,
and
it
goes
up
from
there
to
about
25,
70,
25,
75.,
the
the
larger
white
area
or
blank
area
to
the
northeast.
That's
actually
a
county
zoning
that
was
outside
of
our
city
limits
and
former
etj
immediately
to
the
south.
That
says
not
zone.
That
is
the
cut
through
beaucatcher
mountain
for
I-240.
A
What
doesn't
show
up
very
well
is
another
looks
like
road
bed
or
road
cut
here
to
the
west,
and
she
has
that
further
down
and
I've
got
it
in
here.
For
us,
this
is
the
best
street
view
that
we
got,
but
you
can
kind
of
see
the
cul-de-sac
down
in
here
and
then
you
see
the
kind
of
the
driveways
that
kind
of
split
off.
A
I
think
this
one's
very
helpful
here,
as
it
shows
the
existing
driveways
or
impacts
that
predate
this
current
request,
and
so
that's
that
cul-de-sac
here
in
the
very
south
center,
and
then
you
see
the
two
driveways
there
on
the
southeast
that
were
pretty
evident
in
the
aerial
photo
and
then
she's
also
prepared
a
showing
what
would
be
the
additional
approximate
additional
area
of
disturbance
for
the
house,
maybe
a
kind
of
designed
house
on
that
north
central
portion
of
the
lot
and
right
here,
it's
kind
of
hard
to
see.
A
But
this
new
driveway
on
existing
graded
area
is
what
she
has
highlighted
or
indicated
here
and
then
I'll.
Let
the
applicant
petitioner
mention
go
through
these
exhibits,
but
these
are
historical
aerial
photos
that
she
was
able
to
procure.
A
I
think
she's
overlaid,
that
with
the
disturbed
areas
and
then,
as
I
mentioned
early
on
there
is
a
the
petitioner's
packet
is
very
lengthy-
is
about
94
pages
here.
So
I
just
by
way
of
kind
of
simplicity,
just
kind
of
put
in
the
first
page
of
each
document
for
these
easements
as
a
waypoint
to
go
back
to
the
board
packet.
So
if
that
seems
kind
of
truncated,
that's
why
and
I'll
let
miss
graves
explain
those
each
individual
exhibit
here,
but
I
just
wanted
to.
F
A
Six
that
shows
the
contour
lines.
There
is
a
geotechnical
report,
I'm
sorry,
it's
not
exhibit
four,
it
should
be
exhibit
seven
here.
Is
the
house
laid
in
on
the
contour
lines.
A
And
miss
graves
can
correct
me.
I
don't
believe
this
is
exactly
the
house
being
built,
it's
something
to
show
what
you
know
an
approximate,
what
might
be
conceived
to
show
up
on
the
parcel,
and
I
think
this
is
the
most
important
one
I
had
mentioned
earlier.
A
A
Okay,
good
thank
you
so
and
if
we
were
just
want
to
say
this
out
loud,
if
we
receive
this
as
the
best
information,
a
surveyor
can
calculate
it
during
a
per
minute
review,
we
would
take
the
surveyor's
calculation
over
the
lidar
data.
That's
just
kind
of
flown
over
for
steep
slope,
so
sometimes.
M
A
A
I
K
F
C
M
K
A
I
So
tell
me
again
so
explain
to
me:
yes,
because
this
this
always
gets
me
just
in
general,
if
you
have
a
site
that
has
previously
disturbed
that,
has
that
counts
against
you
if
it
was
disturbed
prior
to
2008
or
experiment,
so
it
does
count
against
you.
Yes,.
M
A
M
H
L
Yeah,
so
you
can
see
that
the
square
footage
here
is
listed
on
this
of
the
existing
drives,
almost
10
000
square
feet,
which
is
close
to
the
25
allowed,
which,
when
we
submitted
this
application,
we
we
didn't
realize
we
were
allowed
25.
We
were
under
the
impression
based
on
the
slope
calculator.
We
were
allowed
15.
L
So
on
the
following
slide.
What
we're
asking
for
is
what
is
15
additional
grading
so
that
we
can
build
a
house
on
this
lot.
L
L
Yeah,
so
we
were
able
to
find
these
photos.
You
can
see
in
the
top
center
of
each
of
the
images
it
gives
the
year
that
the
aerial
photo
was
taken
and
you
can
see
in
the
50s
it's
hard
to
see,
but
you
can
also
see
it
in
75
that
north
drive,
that
I
mentioned
was
a
utility
easement
and
then
the
top
right
is
from
2000
grading's
already
there
and
then
in
2019
we've
got
more
hard
surfaces,
and
you
know
just
historically
that
all
the
grading
was
here.
L
It's
it's
very
challenging
to
build
on
this
since
we're
already
past
the
capacity
of
what's
allowed
so
again,
we're
looking
for
50
for
an
additional
15
percent
grading.
If
you
go
up
one
slide
ricky
again,
this
was
a
design.
We
were
working
on
previously
this
and
we're
not
asking
for
the
the
design.
It's
really
just
six
thousand
that's
6200
square
feet
in
that
area,
using
that
existing
utility
road
to
access
the
the
footprint
of
the
new
structure,
the
area
that
we're
looking
at
grading.
L
If
you
go
back
down
to
those
aerial
photos
again,
you'll
see
in
the
upper
right
corner,
that's
2000
and
then
the
image
below
it
shows
a
house
to
the
north,
which
was
permitted
in
2008.
L
N
Yeah,
I
just
wanted
to
say
that
we
had
all
the
wheels
in
motion
and
you
saw
the
survey
we
had
a
geotech
report
done
some
engineering,
preliminary
engineering
and
architecture
as
well,
and
then
we
had
a
personal
catastrophe,
so
we
put
it
on
hold
for
a
period
of
time,
and
now
here
we
are
so
we
appreciate
you
guys.
Listening
to
the
presentation
and
hearing
us
apply
for
a
variance.
I
L
A
L
Other
there's
the
that
existing
drive
to
the
north,
the
utility
drive.
That's
you
know
that
shows
up
as
an
easement
to
the
north
lot,
although
you
can
see
a
drive,
lower
was
created
for
the
north
lot.
So
you
know
all
the
drives
to
the
south
eastern
portion
are
part
of
the
subdivision.
Plat
those
those
are
easements
to
the
other
lots
so
that
you
know
really
binds
binds
the
land
here
to
that
access.
L
L
That's
right:
the
hoa
has
a
minimum
house
size.
Sorry,
I
didn't
understand
where
you
were
going
and
I.
N
O
O
Can
I
can,
I
add
something:
am
I
here
absolutely?
Can
you
hear
me
as
greg
columbia,
just
kind
of
give
you
the
context?
O
The
the
platted
subdivision
was
approved
prior
to
the
to
the
deep
or
the
seep
slope
ordinance
with
some
of
these
existing
existing
roadways
in
place,
and
then
then
you
know
the
laws
changed,
so
it
was
approved
by
the
city
of
asheville,
I'm
just
kind
of
going
just
giving
you
the
my
perception
of
what
happened
and
then
and
then
afterwards,
after
the
approved
plat,
you
know
some
of
the
the
rules
that
apply
to
the
development
changed.
O
B
D
D
K
C
D
M
E
Nancy
was
doing
everything
right.
I
was
watching
so
could
the
caller.
E
K
H
E
E
K
My
name
is
wendy
leibowitz.
I
live
in
florida
with
my
husband,
frederick
jandal,
and
we
are
prospective
buyers
in
slot.
So
I
just
wanted
to
thank
you
for
the
consideration,
clearly
we'd
love
to
make
a
purchase
of
this
lot
to
build
a
home
on
it,
but
only
if
the
variance
is
approved
it
wouldn't
do
any
good
to
purchase
a
lot
that
we're
not
allowed
to
build
on.
K
The
hoa
does
have
the
minimum
build
amount
of
2500
square
feet,
so
I
can't
even
go
smaller
to
stay
within
a
variance,
even
if
I
wanted
to
based
on
the
hoa
documentation.
So
we
plan
on
doing
something
that
would
have
a
daylight
a
week
basement.
So,
if
possible,
we
can
just
you
know,
minimize
the
amount
of
land
disruption
if
we
can
do
a
basement
plus
first
floor.
So
that's
all
I
wanted
to
share
with
you
it's
a
beautiful
piece
of
property
and
we
would
love
to
be
land
owners
in
the
city
of
asheville.
H
K
I
was
on
the
call
watching,
but
I
don't
know
if
watching
from
home,
if
you're
able
to
do
so.
B
Let
me
just
get
it
on
the
record
that
you
swore
to
or
swear
to
soundly
affirm
that
the
evidence
you
shall
give
to
the
board
or
have
given
to
the
board
in
this
action
shall
be
the
truth,
the
whole
truth
and
nothing
but
the
truth.
Yes,
sir,
okay.
B
A
That
I
I
can't
go
in,
I
don't
know
how
safe
I
know
the
steep
slope
ordinance
allows
for
like
up
to
a
thousand
square
feet
of
additional
disturbance
for
those
existing
non-conforming
lots.
So
I
mean,
if
you
have
like
some
deferred
maintenance
on
some
pre-growth
or
shrubs,
and
it
makes
it
afford.
Excuse
me
it
affords
you
the
opportunity
to
remove
that
extra
vegetation
that
may
have
filled
in
too
close
to
a
home.
A
We
sometimes
see
that
with
these
homes
built
in
the
50s
or
60s
on
the
mountainside,
originally
they
had
a
deck,
and
now
people
let
stuff
grow
up.
That's
30,
40
foot
tall.
The
ordinance
is
kind
of
silent.
A
P
I
don't
think
that
the
grading
section
of
the
steep
slope
ordinance
contemplated
something
exactly
like
this,
where
so
much
of
the
lot
is
taken
up
with
grading
that
doesn't
include
a
house,
so
it'd
be
unusual
to
have
exactly
this
situation,
show
up
anywhere
else
in
the
city,
where
it's
multiple
driveways,
that
don't
serve
this
property
at
all,
that
are
taking
up
the
grading
allowance
and
that
results
in
a
significant
amount
of
that
allowance
being
used
up
without
actually
having
a
house
on
the
site.
P
And
just
one
other
one
other
point
I
think
we've.
I
think
I've
mentioned
this
to
this
board
in
previous
meetings,
but
I
did
just
want
to
make
sure
that
everyone
knows
that
you,
you
are
allowed
to
consider
the
application
of
restrictive
covenants
and
the
way
that
would
restrict
this
property
so
that
that
can
factor
into
your
consideration.
B
My
comment
is
you
know
I
I,
prior
to
the
the
the
rules
and
the
udo
changes.
I
don't
think
a
you
know.
A
lot
or
a
owner
of
a
lot
should
be
penalized
for
things
that
occurred
prior
to
you
know
the
the
ordinance
changes
and,
as
such,
I
don't
think
that
you
know
that
they
should.
It
seems
like
it
would
be
a
penalty
not
to
approve
this
then
so.
B
Suzanne
seconds
any
other
further
discussions
I'll
take
it
to
vote
suzanne
gottsie.
K
K
B
B
You
folks
and
finally,
we
have
is
there.
There
are
no
objections.
We
will
join
the
meeting
any
objections.