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Board of Adjustment defers variance hearings after quorum shortfall; members discuss attendance and alternate recruitment

3301939 · May 15, 2025
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Summary

At the May 2025 meeting the Board of Adjustment did not have a quorum for variance hearings, so variances were continued to the next meeting; members discussed alternate recruitment, possible text amendments to avoid duplicative hearings, and asked staff to follow up on notification and quorum procedures.

Buncombe County's Board of Adjustment did not have a quorum to hear variance requests at its May 2025 meeting and only heard a special-use permit matter. Planning staff told the board at the start of the session that the group had a quorum sufficient to consider the special-use permit but not the variances, so those applications were continued to the next meeting and applicants were told they did not need to attend.

Board members and staff discussed why notification and attendance had failed to produce the needed quorum. Several members said some regular members assume they can be absent a few times per year and that alternates are necessary to avoid last-minute cancellations. One member suggested staff send an informational email to all board and alternate members summarizing the meeting outcomes and reminding members of their attendance expectations.

Legal counsel Amy Broughton said she would check the board's bylaws and the controlling statutes to determine if the county could alter quorum requirements for variance hearings and report back. Planning staff said they would follow up with the long-range planning team about potential text amendments that might reduce the need for variances in cases where the land use does not change but ownership or product type does.

No variance cases were decided at the meeting; staff indicated the affected cases will be rescheduled. The board asked staff to bring follow-up recommendations on quorum protocols, alternate recruitment, and notification procedures to the next meeting. A follow-up discussion was tabled for next month so staff and the chair can coordinate with Griffin (staff) and report back.