Board of Adjustment Meeting

Town of Weaverville Board of Adjustment Regular Monthly Meeting Monday, October 13, 2025, 6:00pm Agenda Pg# 1. Call to Order …………………………………………………………………….. Chairman Lewis 2. Approval of the Minutes – 8/11/2025 Regular Meeting …… 2 Chairman Lewis 3. Evidentiary Hearing – 68 Camsyn Drive Variance………………. 6 Planning Director Eller 4. Adjournment ……………………………………………………………………. Chairman Lewis Page 1 of 23  TOWN OF WEAVERVILLE BOARD OF ADJUSTMENT AGENDA ITEM Date of Meeting: Monday, October 13, 2025 Subject: Minutes Presenter: Planning Director Attachments: Minutes from the August 11, 2025 Meeting of the Board Description: Attached you will find proposed minutes from the August 11, 2025 regularly scheduled meeting of the Board. Action Requested: Staff is requesting that the Board adopt the aforementioned minutes as presented or amended by motion of the Board. Page 2 of 23  Town of Weaverville Board of Adjustment Regular Monthly Meeting Monday, August 11, 2025, 6:00pm Minutes The Board of Adjustment of the Town of Weaverville met for its regularly scheduled monthly meeting at 6:00 p.m. on Monday, August 11, 2025, in the Community Room and Council Chambers at Town Hall, 30 South Main Street, Weaverville. Present: Chairman Tycer Lewis, Vice-Chair Cynthia Wright, Board Members Paul Clauhs, Roger Parkin, and Larry Murray. Staff Present: Town Attorney Jennifer Jackson and Planning Director/Zoning Administrator James Eller, Planner Graham Crawford, and Town Clerk Tamara Mercer 1. Call to Order Chairman Lewis called the meeting to order at 6:00 pm. 2. Approval of the Minutes – 12/9/2024 Regular Meeting Chairman Lewis requested a motion and Clauhs moved to approve the December 9, 2024 meeting minutes, seconded by Murray. Carried unanimously 5-0. 3. Approval of Order – 9 North Street Variance Clauhs moved to approve the written order denying a variance for 9 North Street as presented. Murray seconded. All voted in favor of the motion. Carried unanimously 5-0. 5. Evidentiary Hearing on Vegetative Buffer for 10 Garrison Branch Chairman Lewis asked Attorney Jackson to provide an overview on how quasi-judicial hearings work. The following were Attorney Jackson’s statements: Tonight the Board of Adjustment will hold a quasi-judicial evidentiary hearing on a vegetative buffer waiver/modification. The purpose of the hearings is for the Board of Adjustment to hear and consider pertinent facts related to the request. The Board is required to comply with procedural rules much like those of a trial court and to provide for the constitutional right to due process such as proper notice of the meeting, an impartial decision maker, sworn testimony of witnesses, and an opportunity for parties to be heard by allowing direct examination and cross examination of witnesses. The Board is asked to make a quasi-judicial decision which is like a court decision in several important ways. It requires the Board to use its judgment in applying general laws to a particular land use situation while ensuring the constitutional due process rights of all parties. Tonight’s hearing is a formalized means of gathering evidence relevant to the issues that are before the Board tonight. This is not an opportunity for citizens to come and just speak their minds like in a public hearing on a legislative matter before Town Council. The Board’s decisions can only be made based on competent, material and substantial evidence in the record of the respective hearings. “Competent” evidence is generally understood to mean that evidence which is legally admissible in a court of law, but can also include evidence admitted without objection, and evidence that appears to be Page 3 of 23  sufficiently trustworthy and reasonable for the Board to rely on. Competent evidence does not include the opinion testimony of lay witnesses as to any of the following: • Use of property in a particular way affecting the value of other property; • Increase in vehicular traffic resulting from a proposed development posing a danger to the public safety; • Matters about which only expert testimony would generally be admissible under rules of evidence applicable to trial courts. The burden is on the applicant to demonstrate that the application complies with the review and approval standards of the zoning ordinance. Once an application has been submitted and all evidence in support of the application has been presented, then the burden shifts to those who have standing to oppose the application to present evidence to the Board. Where conflicting evidence is presented the Board must determine the weight of the evidence and the credibility of witnesses. The evidentiary hearing will consist of the following general steps: ensuring an impartial board, identifying parties that have standing and wish to participate, putting all witnesses under oath, receiving evidence from staff on the application, receiving evidence from the applicant and any other parties, hearing any final argument by the parties, deliberating and deciding the case. Each party will get an opportunity to question all witnesses and to present evidence in the form of documents or testimony. Chairman Lewis introduced the matter by stating that Garrison Branch Reserve, LLC, is the owner of the property located at 10 Garrison Branch Road that has a Buncombe County Parcel Identification Number of 9733-72-3054, which is zoned C-2, and has applied, through an authorized agent, for a vegetative buffer waiver. Lewis noted that Code Sec. 20-3108(e) authorizes the BOA to review requests for vegetative buffer waivers and has the authority to alter or eliminate the required vegetative screening or buffering requirement where the lot requiring the vegetative screen and the adjacent lot zoned residential are in single ownership or upon receipt of a notarized statement waiving or modifying the screening provisions of Chapter 20, between the owner of the lot requiring the vegetative screen and the owner of the adjacent lot zoned residential. Chairman Lewis declared the evidentiary hearing open and began by polling the board members to see whether or not any members had conflicts of interest or bias that might disqualify them from serving on the Board during the hearing. None were reported. No board member indicated that they had had any ex parte communication with the applicant. No concerns were noted about the board hearing the matter were expressed. Chairman Lewis noted that Applicant/property owner, represented by its agent/contractor, Rob Dull, and James Eller on behalf of the Town of Weaverville, both had standing as parties to this matter. No one present indicated that they wanted to be made a party. The following individuals were sworn in and gave testimony: James Eller and Rob Dull. Mr. Eller reviewed the administrative materials that included the following: Public Notice; Code Sec. 20-3108; Staff Report; Signed letter from Pig and Grits Restaurant (Applicant) requesting modification of vegetative buffer requirements and supporting documents; Affidavit of Mailing and Posting; Staff Report; said packet was received into the record without objection as Exhibit A. A copy of a notarized statement from the neighboring property owner, The Holston Page 4 of 23 Apartments, agreeing to the request with the conditions noted, was received into the record without objection as Exhibit B. A copy of the owner’s deed to the subject property was received into the record without objection as Exhibit C. Eller reviewed the noticing of the matter and his staff report by providing information concerning the subject property and the variance application, and noted that the board has jurisdiction to hear and decide waivers from required vegetative buffers. Rob Dull reviewed his application and requested waiver to reduce the vegetative buffer required by the Table of Dimensional Requirements set out in Code Sec. 20-3206. In particular, the Applicant requests a reduction of the vegetative buffer from 20 feet to 10 feet and, to gain approval from the neighboring property owner [The Holston Apartments], has agreed to plant the remaining 10-foot vegetative buffer area with a mix of evergreen and deciduous trees and shrubs, construct their dumpster enclosure out of masonry materials (natural or manufactured stone) similar in design to the dumpster enclosure on the Holston property, and to plant 10-foot tall evergreen trees around three sides of their new dumpster. Having heard all of the evidence and the responses to all questions asked, Chairman Lewis asked if there was a motion on the matter. Based on documentary and testimonial evidence presented during the hearing, Clauhs made a motion to grant the vegetative buffer modification requested. Murray seconded the motion. All voted in favor and the motion passed unanimously. Chairman Lewis inquired as to whether a written decision was available to review at tonight’s meeting. Attorney Jackson reviewed a written decision with the Board by showing it on the screen and reading the substantive provisions. Clauhs made a motion to approve the written decision as presented. Wright seconded the motion. In a vote of 5 to 0, the motion passed and the written decision was adopted. Chairman Lewis declared the evidentiary hearing closed. 5. Adjournment There being no further business, and without objection, Chairman Lewis requested adjournment. Murray moved to adjourn at 6:24 p.m. seconded by Parkin. Carried unanimously 5-0. Attest: __________________________________ Graham Crawford, Acting Secretary Page 5 of 23  TOWN OF WEAVERVILLE BOARD OF ADJUSTMENT AGENDA ITEM Date of Meeting: Monday, October 13, 2025 Subject: Evidentiary Public Hearing – Variance Request Presenter: Planning Director / Applicant Attachments: Public Notice; Staff Report; Variance Application and Supporting Documents; Affidavit of Mailing and Posting Description: INTRODUCTION: AVL Builders are the owners of the property located at 68 Camsyn Drive that has a Buncombe County Parcel Identification Number of 9752-49-5646, which is zoned R-2. The owners have applied for a front setback variance. JURISDICTION: Code Sec. 20-3108(d) authorizes the BOA to grant variances when hardships would result from carrying out the strict letter of the terms of the land development regulations. Variances require a 4/5 vote of the board. STANDARDS FOR VARIANCES: 1. Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. 2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting the variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability. 3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self- created hardship. 4. The requested variance is consistent with the spirit, purpose, and intent of the regulation such that public safety is secured and substantial justice is achieved. 5. The variance is not a request to permit a use of land, building or structure Page 6 of 23  which is not permitted in the zoning district in which the property is located. 6. The variance is not a request to permit a prohibited sign. QUESTION FOR DELIBERATION: Does the record include competent, material, and substantial evidence that the variance requested by the property owner meets the standards and should therefore be granted? Page 7 of 23  NOTICE OF PUBLIC EVIDENTIARY HEARING WEAVERVILLE BOARD OF ADJUSTMENT Public Notice is hereby given that the Town of Weaverville Board of Adjustment will hold a Public Evidentiary Hearing following quasi-judicial procedures on Monday, October 13, 2025 at 6:00p.m. This meeting will occur within the Community Room and Council Chambers at Town Hall located at 30 South Main Street, Weaverville, NC to consider the following item: An application for a variance from a 30-foot front yard setback on a R-2 zoned property bearing Buncombe County PIN#9752-49-5646, 68 Camsyn Drive, Weaverville, NC. If you would like additional information or to review the content related to the Public Evidentiary Hearing, you may contact Planning Director James Eller at 828-484-7002 or jeller@weavervillenc.org. Page 8 of 23 Introduction to the Property The subject parcel, commonly known as 68 Camsyn Drive, consists of .51 acres as shown on Buncombe County tax records. The property may be found within the Fox Lair subdivision where Camsyn Drive intersects with Pink Fox Cove Road. The property is also in close proximity to the Reems Creek Golf Course which may be found approximately ¼ mile to the south. Question of Jurisdiction Section 20-3108(d) tasks the Board of Adjustment to consider requests for variances and establishes the standards which must be met in order for a variance to be granted. Based upon this section of town code, it is clear the Board of Adjustment has jurisdiction to hold the requisite hearing and offer judgement on the issue. In this case, an encroachment, into the 30 foot yard setback established by the R-2 zoning district in which the property is located, is being requested. Previous Decisions Variance requests encroach into the required setback have been commonly heard by the Board of Adjustment and these applications have been both approved and denied in recent years. Page 9 of 23 Page 10 of 23 Page 11 of 23 Page 12 of 23 Page 13 of 23  Fox Lair Crossings HOA, LLC PO Box 16 Weaverville, NC 28787 October 4, 2025 Dan Carare 60 McFee Rd Candler, North Carolina 28715 Sent via: Electronically, PayHOA and/or Email Email: cararedanu@gmail.com and ivan1butnaru@gmail.com Subject: Approval of Architectural Request for variance for Lot 27, located at 68 Camsyn Drive, Weaverville, North Carolina 28787. Dear Dan Carare, Your application/request, submitted on or about September 23, 2025, was approved on date October 4, 2025 based on compliance with the community’s Declaration of Planned Community Fox Lair Crossings Subdivision guidelines. This approval is subject to the following conditions: 1) Variance: Your review request for a variance from a 30-foot front yard setback on a R- 2 zoned property bearing Buncombe County PIN # 9752-49-5646, at 68 Camsyn Drive, Weaverville North Carolina, 28787, has been APPROVED by the Architectural Review Committee for Fox Lair Crossings HOA. 2) Compliance: Your project must be completed exactly as described in the application and the attached supporting documentation (e.g. plans, specifications, color samples etc.) 3) Permits: This letter of approval does not constitute approval by any local government entity. It is the homeowner’s responsibility to secure any necessary permits from the relevant municipality or county. 4) Final Inspection: The finished project is subject to a final review by the Architectural Review Committee. You must notify the committee upon completion. Page 14 of 23  5) Revisions: Any revisions or alterations to the approved plan require re-submission and a new approval. 6) Fines: The Architectural Review Committee reserves the right to recommend fines to the Board of Directors of Fox Lair Crossings HOA for any violation of the agreed upon Rules and Regulations and Declaration of Planned Community Fox Lair Crossings Subdivision. Please note: This approval is for compliance with the association’s governing documents only. It carries no warranty regarding structural fitness, building code compliance, or any assurance against property encroachments. We wish you success with your project. If you have any questions, please contact the Architectural Review Committee, see below for all contact information. Respectfully, Architectural Committee of Fox Lair Crossings HOA Mailing address: Fox Lair Crossings HOA, PO Box 16, Weaverville, NC 28787 Electronically: www.payhoa.com (Fox Lair Crossings HOA) Drop-off: Email to schedule a time to meet Email: ReneeFLCHOA@gmail.com Attached: Copy of the variance topography submitted for review Page 15 of 23  Buncombe County September 19, 2025 1:9,028 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Page 16 of 23 Page 17 of 23 Page 18 of 23 Page 19 of 23 Page 20 of 23 Page 21 of 23 Page 22 of 23 Page 23 of 23