Board continues VIA variance for Hazelwood Road property after owner absent

The Buncombe County Board of Adjustment continued consideration of a variance request for a 0.28-acre property at 90 Hazelwood Road after the property owner was not present to testify.

Staff presented the application as a request to reduce the required 10-foot front/right-of-way setback for a dwelling to 4 feet to permit placement of a manufactured home on the lot; staff corrected earlier paperwork to note the property is served by Metropolitan Sewerage District sewer and City of Asheville water (the staff analysis had incorrectly listed septic). The applicant is associated with Titan Factory Direct; counsel for a party in the room objected to proceeding without the property owner present.

Board counsel and staff explained that for a quasi-judicial variance hearing the owner must either appear, be represented by counsel, or provide an interpreter if language access is needed. Because the owner, Pilar Via Chacon, was not present and had not designated an appearing representative for this hearing, the board found the case was not ready for consideration and voted to continue the matter to the November meeting (scheduled for Nov. 12) so the owner can appear or properly designate representation and provide any needed interpretation services.

The board’s action to continue was recorded as a motion to continue and carried by voice vote. Staff said it would work with the parties to clarify how to provide an interpreter or counsel and to refile or amend the application as needed before the next hearing.