Board approves Murray variance to allow 12x15 addition on nonconforming lot

The Buncombe County Board of Adjustment voted unanimously on Feb. 12 to grant a variance to Sandra Murray that reduces the rear setback on a nonconforming lot at 245 Rocky Mountain Way from 15 feet to 8. Staff said the lot (0.06 acres) predates the county zoning ordinance and is nonconforming; the board adopted findings of fact and instructed staff to draft an order consistent with the motion.

Applicant Sandra Murray presented a boundary survey, photos, and a site plan showing a proposed 12-by-15 addition and said the zoning change created the hardship. "The hardship I have is with the, being unable to add value to my property due to a setback zoning put in place in 2009, which was totally out of my control and was created out of my control," Murray said. A witness for the applicant, John Downey of Airvet Exteriors, told the board many lots in the neighborhood do not meet current minimum lot-size criteria and supported rezoning and relief for the property: "We do construction in Buncombe and Henderson County throughout Western Carolina, and we do sunrooms and screen room additions."

Board members discussed the requirement that variance hardships be unique to the property and weighed prior hearings and existing lot sizes. The hearing record included a recently filed standing application from the Hills at Avery's Creek Property Owners Association, which the board acknowledged but did not pursue as a party at this session. After adopting findings that the hardship would result from strict application of the ordinance, the board approved the variance and later approved the order establishing that the variance meets Buncombe County Zoning Ordinance standards. The staff attorney and county staff will prepare the written order for chair execution.