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From YouTube: Board of Adjustment
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A
B
The
meeting
will
now
come
to
order.
Welcome
to
the
august
30th
2021
city
of
asheville
board
of
adjustments
meeting.
My
name
is
petite
bhakta
and
I'm
chair
of
the
board.
The
board
of
justice
is
a
quasi-judicial
body
that
is
governed
by
north
carolina,
general
statutes
and
the
youth
cities
unified
development
ordinance.
B
All
committee
members
and
staff
are
participating
virtually.
We
appreciate
your
patience
as
we
work
through
these
difficult
times.
We
are
streaming
live
on
a
virtual
engagement
hub.
Excuse
me,
we
are
streaming
live
on
our
virtual
engagement
hub,
which
is
accessible
through
the
virtual
engagement
hub
link
on
the
front
page
of
the
city
website,
and
also
linked
on
the
board
of
adjustments
page.
B
again
I'll
restate
this
for
anyone
listening,
the
public
may
participate
by
dialing,
eight
five,
five,
nine
two
five,
two
eight
zero
one
and
when
prompted
enter
code,
nine,
two
five
five,
the
automated
system
will
ask
you
to
press
star
three
to
be
heard,
but
those
for
those
of
you
out
there
with
us
today
welcome
I'll
now
go
through
and
introduce
all
the
committee
members
who
are
participating.
Virtually
committee
members
make
sure
you
unmute
your
microphone
when
you're
speaking
and
mute
it.
When
not.
B
C
B
And
pratik
bhakta
again
also
with
us
today,
is
our
assistant
city
attorney
eric
edgarton,
who
will
be
in
attendance
as
a
I'm
sorry.
B
I
also
like
to
ask
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
role
call
for
each
vote.
Additionally,
I'll
ask
the
committee
members
to
raise
their
hand
to
speak,
and
I
will
call
upon
them
if
they
need
to
interject
they're
welcome
to
do
so.
B
B
These
rules
are
different
from
other
types
of
land
use
decisions
like
rezoning
cases
which
are
legislative
in
nature.
This
board's
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
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.
The
meeting
is
open
to
the
public.
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
so
long
as
those
facts
relate
to
the
legal
standards.
In
addition,
lay
or
non-expert
witnesses,
witness
testimony
is
limited
to
facts
and
not
opinions
for
certain
topics.
This
board
needs
to
hear
opinion
testimony
from
expert
witnesses.
B
These
top
topics
include
projections
about
impacts
on
property
values
and
projections
about
impact
on
traffic
safety
for
various
requests.
A
four-fifths
vote
of
the
board
is
required
to
grant
the
variance
for
all
other
hearings
and
matters,
including
the
adoption
of
the
minutes.
The
decisions
will
be
made
by
a
simple
majority
vote
of
the
board.
D
B
I
do
okay.
Thank
you.
A
first
and
only
agenda
item
I
see,
is
a
variance
request
by
the
petitioners,
charles
pinkerton
and
judy
mcguire
they're,
requesting
a
variance
to
the
development
standard
found
in
section
7-28-28.
B
And
as
a
procedure
before
we
get
started,
we
want
to
make
sure
with
mr
edgarton
that
mr
bill
newman
is
versed
on
what
happened
at
the
the
meeting
last
time
and
the
subsequent
continuance
to
today's
date
and
mr
hurley.
If
you
would.
B
Let
bill
newman
know
that
what
happened
last
time.
A
Yes,
ricky
hurley
here
with
the
development
services
department
supervisor
for
the
zoning
section.
Mr
newman,
did
you
get
to
follow
on
the
meeting
last
time
or
or
do
I
just
need
to
catch
you
up.
F
I
did
not
follow
it.
I
didn't
follow,
read
everything
that
you
said
to
me,
but
I
did
not
follow
the
meeting.
I
was
tied
up
in
another
meeting.
A
C
F
A
Okay,
so
this
property
is
located
at
227,
haywood
road,
it's
a
haywood
road
corridor,
traditional
hr4,
the
petitioners
are
the
property
owner
and,
as
we
just
heard,
the
actual
section,
7828
4.1
b
required
parking.
A
Haywood
road
has
a
much
lower
threshold
or
lower
requirement
for
commercial
properties
for
restaurant
uses.
It's
one
space
for
250
all
others
are
either
one
space
per
500
or
nothing
in
certain
situations
for
existing
buildings,
so
that
would
be
based
upon
the
size
of
the
building,
either
two
spaces
or
four
spaces.
A
A
So
just
as
way
background
again,
it's
a
1044
square
foot,
commercial
lot,
which
is
the
building
the
building,
was
constructed
in
1926
the
best
we
can
tell
that
there
may
be
even
older
records
along
haywood
road,
and
so
the
vacancy
compliance
with
the
required
standards
is
required
for
existing
buildings.
A
The
applicant
did
work
with
a
real
estate
agent
to
visit
multiple
properties
and
adjacent
property
owners
within
that
area,
to
try
to
secure
remote
parking
agreements
they
can
restate
that
later,
but
I
think
we
heard
that
they
did
not
get
any
agreements
either.
No
response
was
kind
of
the
preponderance
of
response
of
none
thereof
or
the
ones
they
did
talk
to
wanted
to
preserve
what
they
did
have.
A
The
other
thing
to
remember
about
remote
parking
is
that
it
has
to
be
within
a
zoning
district
that
allows
for
the
use.
So,
even
if
a
like,
I
have
in
the
staff
report,
a
church
is
nearby
and
the
residential
multi-family
zoning
district
immediately
to
the
west
rm8.
A
A
One
things
that
the
last
four
meaning
the
board
wanted
to
get
information
regarding
potential
modifications
or
future
modifications
to
traffic
patterns
within
the
corridor
if
they
may
possibly
be
made
into
one-way
streets.
Therefore,
opening
up
like
one
lane
of
travel
being
converted
into
on-street
parking.
A
So
here's
just
kind
of
rolling
down
through
the
review
and
analysis
again
recapping.
You
know
you
can
have
up
to
half
within
660
feet
of
the
property.
A
A
The
building
and
creation
of
the
lot
predate
all
land
use
regulations
in
the
city
of
asheville
and
then
the
property
owners
have
submitted
information,
soliciting
a
shared
or
remote
parking
agreement
with
neighboring
property
owners,
and
then,
of
course
we
have
our
findings
and
then
just
for
the
benefit
of
mr
newman,
I'm
rolling
down
here
toward
that's
the
staff
report.
Let
me
back
up
to
I'm
gonna
stop
presenting
here
a
minute.
A
A
A
C
A
And
with
that
I'll
I'll,
keep
this
on
the
screen
I'll
go
up
here
to
the
exhibits,
I'll
migrate,
real
slowly
up
for
miss
mcguire.
A
All
right,
miss
mcguire,
you
can,
I
think
the
biggest
thing
was.
Maybe
we
just
recap
your
efforts
to
secure
the
parking
agreements
and
or
if
you
would
like
to
speak
to
the
email,
mr
putnam
provided
to
you
right.
D
Good
good,
okay,
well
good
afternoon,
chairman
vodka
members
of
the
board
and
mr
hurley
and
everybody
else.
I
can't
see
out
there
we're
requesting,
as
mr
hurley
mentioned,
a
100
waiver
from
the
parking
requirement
based
upon
the
physical
limitations
of
our
building
located
at
227
haywood
road
in
west
asheville.
D
The
building
is
bounded
on
two
sides
by
city
of
national
property,
with
no
margin
that
would
allow
for
parking
on
the
subject
property
and
since
our
last
meeting,
as
requested
by
the
board,
we
have
communicated
with
mr
ken
putnam
in
the
transportation
department.
You
can
see
the
email
there
with
that.
He
responded.
As
you
can
see.
Mr
putnam
made
it
clear
that,
and
I
quote,
the
transportation
department
has
no
current
or
future
plans
to
specifically
provide
on-street
parking
along
haywood,
road
or
howard
street
in
the
immediate
area
of
227
haywood
road.
D
In
addition,
we
have
no
current
or
future
plans
to
change
the
circulation
patterns
of
adjacent
streets,
for
example,
change
a
street
from
a
two-way
traffic
pattern
to
a
one-way
traffic
pattern.
End
quote,
so:
we
feel
that
we've
clearly
met
meet
the
test
of
unnecessary
hardship,
as
mentioned
in
the
application.
For
these
reasons,
first
of
all,
number
one
without
the
variance,
no
reasonable
use
of
a
property
can
be
made.
We've
been
finding
it
difficult
to
sell
the
property
due
to
prospective
buyers
concerns
about
the
limitations
placed
upon
the
property.
D
Renting
is
also
a
hardship
because
prospective
buyers
would
have
to
meet
the
parking
requirement
as
it
exists
now
our
realtor
has
testified.
Last
at
our
last
meeting
to
the
fact
and
we've
submitted,
I
think,
adequate
documentation
showing
that
mr
reddick
has
attempted
to
secure
parking
with
no
success.
D
Secondly,
the
hardship
results
from
the
conditions
peculiar
to
the
property.
The
building
was
built
prior
to
1933
and
is
would
be
considered
historic
property.
It
is
clearly
bounded
by
haywood
and
howard
street
since
1920.,
and
we
think.
Finally,
the
variance
is
consistent
with
the
spirit
and
purpose
and
intent
of
the
ordinance.
The
variance
would
allow
the
building
to
continue
to
be
used
in
a
way
that
would
contribute
to
the
community
and
continue
the
vision
of
a
walkable
west,
asheville
neighborhood.
D
F
And
adjusting
the
boards
information,
we
need
to
treat
everything
that
you
received
at
the
last
meeting.
All
the
testimony
that
you
received
in
the
last
meeting
as
part
of
the
information
that
you're
considering
on
this
variance
needed.
Take
all
the
information
from
the
past
meeting,
combine
it
with
everything
new
here
and
that's
the
totality
of
the
information
on
which
you
will
base
your
determination
on
this
variance
request.
B
Okay,
while
we
wait
is
there
anybody
on
the
call
for
public
comment.
F
F
D
Raphael
said
he
our
realtor
rafael
reddick.
He
said
he
has
no
additional
comments,
since
we
would
take
his
testimony
in
the
last
meeting
and
add
it
to
this
current.
Okay.
Yes,
so.
D
A
spreadsheet
with
all
of
his
efforts
and
and
that's
in
all
the
evidence.
B
Okay,
so
for
the
record,
the
the
previous
testimony
from
the
previous
months
will
be
included
as
well
right.
B
None
okay,
then
we're
seeking
emotion.
B
E
Ricky,
I
think
I
asked
this
at
the
last
meeting,
but
I
don't
know
if
anything
else
has
transpired,
but
do
we
know
if
they're
going
to
be
required
to
bring
this
site
into
compliance
with
other
standards
in
the
udo.
A
For
modification,
if,
if
necessary,
I
could
see
maybe
a
street
tree
or
something
being
possible,
but
there's
also,
you
know
they
can
weigh
that
potentially
and
then
sidewalks.
They
already
have
a
sidewalk,
sometimes
there's
a
fee
and
loot
option
now
with
fee
and
loo.
Excuse
me
if
he
who
options
been
added
to
the
ordinance,
so
that
doesn't
necessarily
need
a
full
on
variance
to
come
back
to
this
board.
Recent
changes
aligning
with
160
the
allowed
that.
So
if
there
was
like
a
one
foot,
it's
either
one
foot
strip.
A
Well,
sometimes,
the
urban
forestry,
if
there's
physical
constraints,
sometimes
it
will
either
wave
it
or
in
some
cases
I've
seen
where
they've
allowed
people
to
put
things
in
planters
or
other
movable
structures.
If
there's
been
like
underground
utilities,
gas
lines,
water
lines,
sewer
lines
that
basically
preclude
installation.
E
I
was
like
ooh
tell
me
more,
no,
so,
okay,
so
perhaps
being
lua
for
sidewalks
and
urban
forestry.
That
would
resolve
any
issues
with
landscaping.
E
Got
it,
and
that
would
just
be
a
fee
anyway,
as
there's
nowhere
to
put
anything
okay.
E
What
did
did
anybody
discuss
with
ken
putnam
whether
there
would
be
room
in
the
right-of-way
in
order
to
put
it
on
street
parking
space?
I
mean
we're
talking
about
physical
constraints.
You
know
I'm
just
looking
for
a
physical
constraint
other,
because
there
is
room
inside
of
the
right-of-way
to
put
a
two-way
road
and
a
parking
space.
A
I
I
spoke
to
ken
about
it.
He
obviously
basically
restated
what
he
told
miss
mcguire
about
not
changing
traffic
patterns.
They
had
not
did
not
have
any
plans
for
that,
and
he
also
had
concerns
about
any
parking
space
within
close
proximity
to
the
intersection
a
lot
of
times.
They
don't
want
you
within
50
feet
of
the
intersection.
So
I'm
not
sure
if
that
would
even
get
the
applicant
with
this
small
building
to
have
a
whole
parking
spot
technically.
A
E
Yeah-
and
I
was
looking
at
the
just
that
being
familiar
with
that
site
and
just
if
you
did
expand
the
road
to
the
like
itself,
you've
got
that
odd
stormwater
structure
that
you'd
have
to
deal
with.
If
you
were
going
to
shift
the
road
over
to
give
yourself
some
more
land.
E
So
again,
I'm
just
trying
to
tie
in
some
physical
constraints
to
the
you
know
to
the
variants,
I
think,
with
those
physical
constraints,
and
even
if
you
were
to
put
a
parking
space
starting
at
where
there's
an
existing,
no
parking
sign
you're
right.
I
think
that
it
would
be
really
tight
to
try
to
try
to
get
in
a
parking
space
just
knowing
that
it
needs
to
be
22
feet.
Long
put
some
tapers
on
either
side
to
get
in
and
out
of
it.
E
So
I
just
didn't
know
if
anybody
had
that
conversation
with
him.
So
I'm
glad
that
you
did
and
thank
you
for
sharing
that,
because
that
was
kind
of
what
I
was
hoping
to
hear.
A
E
E
C
This
is
paul.
I
support
the
request
for
the
variance
and
I
move
to.
C
E
B
So
motion
is
approved,
variance
is
granted
and
that's
all
we
have
so
congratulations.
We
will
be
going
back
to
before
we
adjourn
I
apologize
for
missing
the
approval
of
the
june
minutes
before
we
started,
so
we'll
do
that
now.
If
everybody
has
a
chance
to
review
the
june
minutes,
wanted
to
seek
a
motion
for
approval
of
the
june
minutes.
B
I'll
second,
any
discussion:
okay,
none
I'll
go
to
a
vote.
Suzanne.
E
B
C
F
B
And
pratik
bhakta.
Yes,
so
that's
all
for
the
agenda
and
if
there
are
no
further
objections,
we
will
join
the
meeting
any
objections.