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From YouTube: BC :: Board of Adjustments Meeting 10/10/2012
Description
The Buncombe County Board of Adjustment held a public hearing to consider the following application:
Wade D. Burns, Architect has applied for variances from §78-646(e)(3) Protected Ridge Overlay Height Standards and §78-646(e)(4) Protected Ridge Overlay Building Width Standards of the Zoning Ordinance of Buncombe County to site a single family home on tax lot PIN 9791-91-7245 (4 Oak Ridge Trail).
A
B
Staff
are
you
ready,
okay,
it's
twelve
o'clock,
so
let's
begin
well,
gentlemen,
and
welcome
to
the
Buncombe
County
Board
of
Adjustment
I
will
call
this
meeting
to
order.
This
is
a
quasi
judicial
hearing
and
you're
going
to
give
testimony.
You'll
have
to
be
sworn
in.
We'll
do
that
in
a
couple
minutes.
We
want
facts
and
not
conjecture,
opinions
or
hearsay.
We
don't
have
a
facility
to
deal
with
that.
B
All
your
communications
should
be
directed
up
here
up
to
the
individual
individual
members,
and
we
can
only
act
on
issues
that
are
in
our
purview.
Traffic
would
be
a
good
example
of
things
we
can't
deal
with
just
to
give
you
an
idea.
So
with
that
I'll
ask
the
members
to
self
introduce
starting
ride
down
there.
With
my.
B
B
H
H
The
first
public
hearing
that
you
have
before
you
is
eph
2012
00052
way.
D
burns
architect
has
applied
for
variances
from
section
78
646
e3,
the
protected
Ridge
overlay,
height
standards
and
78
646
efore,
protected
Ridge
overlay,
building
with
standards
of
the
zoning
ordinance
of
buncombe
county,
to
cite
a
single
family
home
on
tax
lap,
pin
number
97,
91
91
7245
address
to
spore
Oak
Ridge,
Trail
I'll,
say
it
in
reference
to
this
case.
H
We've
not
had
any
public
discourse
on
the
matter
receiving
a
very
little
phone
calls
and
those
that
we've
received
have
been
for
informational
purposes.
Only.
We
have
worked
pretty
extensively
with
mr.
burns
to
understand
the
site
and
to
look
at
at
various
options.
To
cite
this
particular
home
in
the
the
presentation
that
you
have
before
you
is
the
result
of
several
reviews
of
staff
periods
and
mr.
burns
work.
G
To
chairman,
thanks
to
all
of
you
for
taking
your
time
out
to
do
this,
we
have
two
variances
ones
for
height
and
ones
for
width
of
a
lot,
and
what
we
looked
at
was
how
we
could
meet
everybody's
requirements.
The
lower
Ridge
communities,
covenants
and
the
counties,
and
what
was
very
obvious
to
us
was
that
the
screening
on
the
low
side
is
the
purpose
of
everything
we're
looking
at
that
we
don't
impact
the
view
scape
on
these
developments,
so
that
tourism,
everybody
else,
is
happy.
G
We
can't
go
into
the
Attic,
but
we
went
to
a
basement
and
the
basement
door
comes
out
two
inches
above
the
round.
The
variance
we've
requested
is
so
that
we
might
be
able
to
have
nine
foot
ceilings
and
not
to
have
eight-foot
ceilings
on
a
mountain
house
with
nice
views
is
sort
of
like
looking
at
a
periscope
a
couple
of
the
feet
in
this
variance
application
deals
with
the
reality
of
what
happens
to
the
disturbed
earth,
and
we
have
worked
to
cite
the
house
so
that
that
is
absolutely
the
minimum
possible.
G
We've
included
that
height
in
this
request,
so
that
we're
not
you
know
playing
any
games
of
what
not
and
so
we're
at
about
about
28
and
a
half
feet
or
so
we're
doing
a
we've
reduced
the
after
we
got
our
partial
approvals
and
rejections
from
the
law
ridge
group.
We
reduced
the
house
about
700
square
feet
using
a
synthetic
fireplace,
no
chimney
unless
it's
just
a
gas
vent
piece,
doing
everything
we
can
to
comply,
and
so
hopefully,
as
we
go
through
the
second
part,
about
protecting
the
screening
that
will
cover
both
of
these
requests.
G
It's
1,700
feet
up
forget
where
I
wrote
it
1,700
feet
on
the
main
floor,
13
or
so
in
the
basement.
If,
because
this
is
the
property
width
measured
for
the
purposes
of
the
ordinance,
it
would
take
this
house
and
rotate
it
where
this
face
is
parallel
to
this,
we
will
actually
meet
the
width
requirement.
G
Problem
is
that
if
we
do
that,
we
requested
permission
from
laurel
ridge
to
shorten
the
front
yard
setback
on
the
high
side.
This
is
the
high
side
low.
This
is
the
low
side
we
requested
laurel
ridge
we'd,
be
able
to
bring
the
house
closer
to
the
road
so
that
we
could
have
protect
more
of
this
screening.
G
C
C
G
G
Now
what
we
have
done,
we've
gotten
a
nationally-recognized
tree
expert
who
lives
in
swannanoa
to
come
up
and
inspect
the
site
and
and
his
evaluation
is
that
this
property
was
clear-cut,
turned
the
previous
century
to
all
of
us
being
born
that
what's
up,
there
is
it's
on
a
little
Ridge,
and
so
there's
sufficient
rock
underneath
the
soil
that
the
roots
have
had
to
fight
for
what
they've
got
the
trees
are
not
the
mostly
scarlet
oak.
They
are
have
reached
their
maturity,
but
not
in
size,
because
they're
stunted
won't
get
bigger.
G
The
roots
have
had
to
fight
for
what
they
could
so
they're
out
beyond
the
drip
line.
If
we
go
in
and
meet
the
width
requirement,
the
damage
to
that
route,
mat
will
be
such
that
the
intended
natural
screening
will
be
lost
over
the
course
of
the
following
60
months
from
construction.
So
the
first
request
to
increase
the
width
is
merely
so
that
we
can
protect
and
preserve
the
very
screening.
The
ordinance
intends
to
have
they're.
G
Taking
in
then
the
the
height
by
preserving
the
screening,
we
also
have
minimize
the
impact
of
the
of
the
height.
The
height
comes
as
a
result
of
a
covenant
by
lower
Ridge
that
roof
pitches
must
be
a
minimum
of
7
and
12
we're
fine
with
having
a
lower
roof
pitch,
but
the
community.
He
believes
that
would
impact
their
property
values
and
they
want
a
certain
look.
G
I
hope
that
just
what
I've,
given
you
is
enough,
without
taking
too
much
more
of
your
time
as
a
look
at
the
eight
requirements,
the
only
one
that
you
know
we're
not
responsible
for
is
the
way
God
built
it
the
rest
of
them.
We
think
fall
within
the
intent
spirit
and
purpose
of
those
two
ordinances,
the
the
other
exhibit
that
fell
to
the
floor.
G
Also
helps
in
understanding.
Okay,
thank
you
helps
in
understanding.
This
is
the
lot
it's
going
downhill
here.
You
see
the
reservoir
from
here.
By
the
time
you
get
opposite
straight
north,
then
these
lots
are
as
high
or
close
enough
to
it
being
as
high
as
this
lot.
So
they
can
see
the
house
in
wetter
or
they
can
see
the
house
if
the
natural
screening
is
gone
well,
there
are
the
ones
that
have
set
the
standard
that
want
the
height
because
they
want
the
1712
roof
pitch.
G
If
you
go
beyond
the
laurel
ridge,
community
you've
hit
the
actual
watershed.
The
Pisgah
National
Forest
and
Mount
Mitchell,
and
one
member
of
the
architectural
review
committee
called
me
to
say
that
his
house,
which
is
twice
as
tall
as
this,
which
is
underneath
it
he
was
able
to
see
it
when
it
was
under
construction,
had
that
red
plywood
roof
on
it
from
a
six
and
a
half
miles
away
on
the
Parkway
in
the
winter.
G
The
part
of
the
parkway
that's
often
closed
in
the
winter,
which
is
to
say
that
we
think
that
the
two
variances
are
completely
within
the
intent
of
the
ordinance,
and
we
would
be
going
against
the
intent
of
the
ordinance
to
comply
with
the
width
requirement.
And
if
we
did
that,
we
would
then
expose
the
extra
three
feet
of
height.
That
can't
be
seen
if
we
will
preserve
that
natural
area
we're
in
an
awkward
situation,
in
that
we
have
a
street
on
the
high
side
and
the
low
side
of
the
lot
and
pear.
G
The
computer
is
a
wonderful
thing
and
that
these
are
actual
hard
contour
lines
on
this,
and
so
this
is
this
is
the
existing
grade
of
where
it
would
hit
this
house
as
it's
built,
whereas
if
we
rotate
it
around
to
meet
the
width
requirement,
then,
instead
of
a
30
inch
to
18-inch
retaining
wall,
we
either
are
pushing
dirt
down
into
the
area.
You
want
to
protect
the
root
matter
of
or
we're
building
a
taller
retaining
wall
which
creates
water
face,
which
is,
is
the
intent
to
avoid
having
I
have
been
through
the
eight
areas.
G
G
Considered
an
obstacle
or
a
nuisance
or
whatnot,
sometimes
they're,
considered
unreasonable.
That's
in
the
perspective
of
a
homeowner
who
wants
to
do
something
different
in
this
case.
Mr.
Alexander
and
his
wife
want
everything
that
the
laurel
ridge
wants
and
they
want
that
screened
ariad
to
be
there,
and
so
that's
how
we
have
evolved
at
this
design.
B
I
think
you've
done
an
exemplary
job
of
looking
at
the
ordinance
and
trying
to
make
the
property
fit
in
there,
as
you
had
wanted
to
to
fit
this
one
question
on
this
very
fragile
environment.
Can
you
just
talk
a
little
bit
about
how
you're
going
to
protect
these
root
systems
and
so
forth,
because
that's
a
continuing
problem
with
the
grading
and
compacting
the
soil
on.
G
G
The
last
thing
you
want
is
it's
bad
enough
to
open
the
door
and
snakes
there,
but
it's
if
it's
a
water,
moccasin
and
he's
deep
in
water?
That's
worse,
so
the
house
has
been.
This
is
the
garage.
This
is
the
main
part
of
the
house.
The
house
has
been
elevated
to
feet
above
the
road
which
gives
you
about
a
half
an
inch
per
foot
to
slope
away,
recognizing
that,
because
this
is
shallow
earth
on
a
on
a
on
a
rock
substrate.
G
Raising
that
couple
feet
is
going
to
be
mighty
important
as
well,
and
so
our
disturbed
area
is
principally
in
front
and
that
lets
us
get
as
close
as
you
saw
in
that
other
drawing
to
the
to
the
protected
area.
The
screening
area,
so
that
we're
only
having
to
do
a
retaining
wall,
30,
inches
and
so
forth,
to
be
hi
there,
and
that
line
of
that
retaining
wall
is
natural
right
now.
So
we
don't
have
to
go
beyond
that.
Our
disturbed
area
does
go
beyond
that
by
about
10
three,
so
that
so
that.
G
So
that
the
disturbed
areas
here,
the
retaining
wall
is
here
recognizing
that
you've
got
a
small
hole
down
there,
that'll
be
doing
those
footings
and
so
it'd
be
some
sterben
stairs.
So
there
is
an
all
put
you
to
say:
it's
actually
easy
for
us
to
put
up
our
protective
fencing
here,
because
all
of
our
access
to
the
site
will
be
on
the
disturbed
side
of
it.
G
B
G
Laurel
ridge
communities
has
an
impressive
enforcement
mechanism
and
they
have
covenants
that
right.
Strong
and
they've
got
fines
for
workers
being
there
past
five
o'clock.
They
got
fines
if
we
disturbed
earth
without
the
right
permit,
they've
got
fines
if
our
corrosion
control
is
down
and
that's
in
addition
to
what
the
county
might
do
and
and
they're
there
they're
on
the
site
and
as
we
would
very
likely
be
one
of
only
one
or
two
houses
under
construction.
We
won't
miss
anybody's
attention,
so
I'm
anticipating
that
enforcement
will
be
rather
effectively
carried
out
and.
F
One
question
about
your
you're
done:
a
very
nice
job,
both
with
your
drawings
and
your
your
projections,
one
of
the
more
important
things
that
this
these
ordinances
are
trying
to
achieve
is
is
the
of
the
visuals
and
what
you
see
from
the
different
stance
is
outdistance
close
in
in
your
the
science
of
your
industry.
Could
is
it
possible
to
create
that
I
mean
like
a
Google
view
thing
where
you
can?
You
could
have
to
show
this
body
or
really
anyone
what
you're
going
to
see.
A
A
F
Thinking
that
would
be
a
valuable
tool,
because
we
look
up
here
and
we're
impressed.
I
mean
that's
nice
work
and-
and
I
think
that
that
I'm
reasonably
supportive
of
this,
I
think
it
work
okay,
but
that
visual
is
something
that
would
give
a
firmer
grasp
of
whoever,
whatever
body
you're.
Talking
to
what.
G
Laurel
ridge,
they
control
colors
and
we'll
be
using
the
weather,
wat
weather
wood,
shingle
asphalt,
shingle,
which
saw
closely
follow
that
screen
just
disappears
in
would
you
know
it
has
all
of
the
colors
of
brown
and
the
greys
and
mark
and
so
forth.
And
so
then
it's
a
matter
of
what
color
we
use
on
the
exterior
wall
faces
and
the
covenants
require
a
law
ridges
approval
of
our
colors
and
so
forth,
and
they
also
want
them
minimize
and
neutral
and
earth-friendly.
C
G
H
I'll
note
for
the
board
that
the
proposal
that
that
mr.
burns
is
presenting,
at
least
in
my
understanding,
surpasses
our
screening
requirements
and
that
it
uses
mature
trees
rather
than
trying
to
augment
the
site
with
a
mature
trees
that
may
or
may
not
flourish
there.
So
we're
probably
seeing
an
abundance
of
screening
compared
to
what
we
typically
see
on
a
site
like
this,
and
we
know
it's
relatively
stable.
A
From
the
homeowner
standpoint,
my
wife
and
I
will
write
my
wife
and
I'll
be
happy
to
give
every
commitment
that
you
might
want
that
we
have
no
interest
in
destroying
even
one
leaf
of
anything
more
than
has
to
be
destroyed
and
having
built
on
north
asheville.
Here
a
few
years
ago,
I
mean
we
put
up
orange
fencing
in
rebar
stakes
and
I
was
scouring
all
over
that
place
every
day,
keeping
the
workers
out
and
they
finally
got
tired
to
be
pestered.
Him
sylheti
abstained
from
from
making
a
mess
of
thing.
F
G
G
If
we
had
eight
foot
ceilings
and
if
we
took
and
whether
I
showed
you
those
retaining
walls,
if
we
took
and
and
start
being
silly
and
threw
a
few
wheelbarrows
full
of
dirt
against
the
one
that
was
the
highest,
we
could
cheat
it
back
down
to
get
within
it.
But
it
would
be.
It
would
be,
don't
need
to
be
effectively
to
lower
the
pitch.
But
if
we
went
with,
we
could
go
for
the
25
feet
with
eight-foot
ceiling,
downstairs,
18,
inches
of
structure
and
eight
foot,
maybe
four
inches
upstairs
you're.
D
H
I
also
know
that
the
plans
that
mr.
burns
submitted
our
rare
exception,
where
he
was
extremely
honest
with
the
height
encountered
the
retaining
wall
structure
below
the
house
toward
that
height
limitation.
That's
something
that
most
people
try
to
avoid.
We
end
up
in
a
lot
of
arguments
from
a
staff
perspective.
We're
really
happy
to
see
him
include
that,
because
it
does
account
for
the
visual
impact
and
it's
a
it's
a
more
fair
assessment
of
the
height,
probably
to
his
detriment.
H
B
It's
it
seems
to
me
that
you've
fully
considered
this
project
and
one
things
that
this
board
tries
to
do
is
to
do
the
right
thing
at
the
end
of
the
day,
I
think
you
fully
considered
it
and
I'm
favorably
disposed
to
to
allow
this
is,
but
not
only
one
vote
up
here,
so
I
think
that
it
fits
in
with
the
rest
of
the
the
community.
There
you
crossed
all
the
T's
and
dotted
all
the
eyes
and
gone
even
a
step
beyond
that
from
my
perception
I,
they
kind
of
no
other
board
members
comments.
I'd.
E
E
H
H
G
So,
as
you
could
see
exactly
where
those
varied
and
what
I
was
vice-chairman
of
the
Zoning
Appeals
Board
of
fulton
county
for
a
number
of
years,
and
and
one
of
the
things
that
we
would
do
in
a
case
like
this
is
we
would
make
the
exhibit
if
we
chose
to
approve
it,
make
the
exhibit
part
of
that
approval.
That
way,
you
can
you
don't
have
someone
coming
back
later
and
so
with
you
approved
27
28
feet
or
whatever
else
in
and
now
I'm
counting
at
the
different
way.