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Montreat Board of Adjustment approves three setback variances after hearings on steep lots and stormwater concerns
Summary
After presentations and public questions, the Montreat Board of Adjustment approved three variance requests to reduce setbacks on properties at 536 Calvin Trail, 428 South Carolina Terrace and 438 Kentucky Road; the board emphasized the quasi‑judicial hardship standard and noted required administrative geotechnical and stormwater reviews.
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The Montreat Board of Adjustment on Monday approved three separate setback variances for properties on Calvin Trail, South Carolina Terrace and Kentucky Road following presentations by zoning staff, applicant representatives and public comment.
The board voted 6–1 to approve a variance for 536 Calvin Trail to reduce the southern side setback under Montreat Zoning Ordinance §501.81 from 15 feet to 2 feet so the owners can expand an existing dwelling, remove a rotting deck and add a glassed viewing room facing Flat Creek. Interim zoning administrator (S8) described the lot as 1.12 acres in an R‑1 district with steep slope conditions; applicant Richard Divert (S10) said the change would expose basement guestrooms to the adjacent green space and called the project “a matter of Christian stewardship.”
Why it matters: board members pressed whether the hardship standard — that the hardship be peculiar to the property rather than personal circumstances — was met on the heavily sloped lot. Architect Wade Burns (S4) and the owners described topography, limited buildable area and long use of the property for retreat housing as factors supporting the minimum relief. The board also heard from members about life‑safety improvements the project will include, such as improved basement egress; the applicant said those upgrades are part of the work.
For 428 South Carolina Terrace, the board approved a front‑setback reduction from 30 feet to 20 feet to allow demolition of a century‑old house and construction of a new single‑family dwelling with a covered front porch that cannot be administratively permitted. Jason Gillen of Site Design Studio (S15), the applicant’s representative, said the proposed footprint would reduce encroachments that exist today and that structural concerns with the old house motivated rebuilding. One neighbor raised runoff and slope stability questions; Gillen and the board noted that required geotechnical and stormwater reviews are administrative steps that would follow any approval.
Votes at a glance: • 536 Calvin Trail (Graceful Blessings LLC) — reduce south side setback from 15' to 2' (Montreat Zoning Ordinance §501.81). Motion carried 6–1. • 428 South Carolina Terrace (Albert and Lucy Robinson / Ewing Construction) — reduce front setback from 30' to 20' (§501.5). Motion carried (transcript records motion passed; detailed roll‑call tally not specified in the public record). • 438 Kentucky Road (Philip Jung) — reduce front setback from 30' to 19' (§501.5) and side setback from 15' to 5.8' (§501.81). Motion carried 6–1.
Third hearing context: John Yurko (S9), the architect for Philip Jung (S3), described that 438 Kentucky Road is a narrow, steep lot with an existing building sited askew to bedrock constraints; the proposal enlarges the garage and provides improved circulation and an elevator for aging‑in‑place. Yurko said impervious area would increase modestly (about an 18% increase) and that stormwater will be handled through required administrative review.
Public concerns and staff notes: neighbors at two hearings asked about stormwater runoff, geotechnical stability and trail impacts. Board members repeatedly noted that technical evidence on geotechnical stability and stormwater controls must be provided by credentialed experts during the subsequent administrative permitting process; zoning staff confirmed the hillside development and stormwater ordinances will be applied as required after entitlement.
What’s next: approvals at the hearing grant variance entitlement only; applicants must still meet applicable administrative requirements (geotechnical reports, stormwater control plans, hillside development compliance and building/permitting steps) before construction can proceed. The board adjourned following the three votes.
Quotes used in this report are attributed to speakers as they appear in the hearing record.

