Board continues Margaret Lane setback/ADU case to January after questions on septic, slope and evidence

The Buncombe County Board of Adjustment continued a request from Brooke and James Hendrickson to reduce the side/right‑of‑way setback on a 0.77‑acre Margaret Lane lot so the couple could site two separate dwelling units (a principal residence and an accessory dwelling unit).

Applicants presented site layouts and correspondence from the county environmental health inspector indicating the septic system configurations were tight under the existing setbacks. Brooke Hendrickson said she and her builder had restaked the house and that environmental staff told them the plan could work if the side setback were reduced to one foot beyond the right‑of‑way (effectively 26 feet from the road centerline), but neighbors and some board members raised concerns about slope, road safety and whether the hardship claimed was self‑created by proposing two separate structures rather than an ADU incorporated in the main house. One resident warned that Margaret Lane is narrow and steep and asked whether the home placed that close to the road could pose safety risks.

Members were split on whether the applicants had proven the four variance criteria. Several board members asked staff to secure additional technical evidence — an up‑to‑date survey and, if feasible, attendance from environmental health or related staff — before a final vote. By motion the board continued the matter to the January meeting to allow time for additional exhibits and technical testimony. The applicants requested the continuance and said they would work with staff to bring the requested materials.