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Board of Adjustment
Overview
The Board of Adjustment (BOA) is a quasi-judicial body that acts on specified appeals, variances, major subdivision preliminary plat approval, and special-use permit requests. Except for major subdivision preliminary plat approval, a decision by the Board constitutes the final decision of the Town.
This page includes tabs to learn more about the BOA's upcoming Meetings, Meeting Information, Membership, and Powers and Duties.
Please review meeting dates and associated deadlines in the 2023 Town of Boone Meeting Calendar (PDF).
Please view the Town of Boone Meeting Portal to view the agendas or minutes of upcoming or past meetings of the: Board of Adjustment, Community Appearance Commission, Downtown Boone Development Association (DBDA), Historic Preservation Commission, Human Resources Commission, Planning Commission, Town Council, and Sustainability Committee.
Meetings
- 5:30 p.m., 1st Thursday of every month
- The BOA is currently meeting virtually through WebEx, a video-conferencing software. Please contact the Planning & Inspections Department by email (planning@townofboone.net) or by phone (828-268-6960) for more information on how to watch or participate in the BOA meetings.
- The Board hearing packet containing details for each case will be published approximately one week before the meeting and can be viewed/downloaded on the Town of Boone Meeting Portal.
- Please review the meeting dates and associated deadlines in the 2023 Town of Boone Meeting Schedule (PDF).
Rules of Procedure
The Board of Adjustment Rules of Procedure (PDF), together with the provisions of the Town of Boone Unified Development Ordinance ("UDO"), govern the operation of the Board of Adjustment. These rules are designed to answer questions from people unfamiliar with the Board's processes and provide guidance to those who appear before the Board so they can better prepare for Board hearings.
The Town Council has given the Board the power to adopt these rules, and they are binding on participants in cases before the Board. However, if there is a conflict between the provisions in these rules and the UDO or state law, the UDO and state law always control.
Due to the BOA's quasi-judicial nature, applicants must review the Town of Boone Legal Representation Guidance (PDF).
Membership
The BOA consists of five (5) regular members and three (3) alternate members appointed by Town Council for 3-year terms. All members shall be residents of the Town of Boone.
Alternates shall serve on the Board in the absence or temporary disqualification of any regular member or fill a vacancy pending the appointment of a regular member. When serving in place of a regular member, an alternate member shall have all the powers and duties of a regular member.
To apply, please visit the Apply for a Board or Commission webpage.
Current Roster
Please note BOA members are not allowed to discuss any case before them outside of the hearing (what the courts' term ex parte communication). An ex parte communication occurs when a Board member discusses with any other person, including another Board member, party, or staff of the Planning Department, the substance or merits of a case outside the hearing and before the decision is announced.
| Board Members | Appointed | Term Expires |
|---|---|---|
| Barbara Yale-Read - Board Member | 05/20/2021 | 6/30/2024 |
| Pam Williamson- Board Member | 6/20/2019 | 6/30/2025 |
| Benjamin Ray - Board Member | 07/12/2023 | 6/30/2025 |
| David Welsh - Vice Chair | 05/10/2023 | 6/30/2026 |
| Vacant - Regular Member | 6/30/2024 | |
| Vacant- Alternate Member (currently serving till replaced, J. Brooks) | 6/30/2024 | |
| Vacant - Alternate Member | 6/30/2025 | |
| Vacant- Alternate Member | 6/30/2026 |
Powers and Duties
The BOA is a quasi-judicial body that shall hear and decide:
- Appeals from any order, decision, requirement, interpretation, or determination made by the Administrator, as provided in Article 6 Board of Adjustment Hearings.
- Applications for special-use permits, as provided in Article 6 Board of Adjustment Hearings.
- Applications for variances, as provided in Article 6 Board of Adjustment Hearings.
- Applications for major subdivision preliminary plat approval, as provided in Article 6 Board of Adjustment Hearings.
- Appeals of the grant or denial of an application for a Certificate of Appropriateness by the Historic Preservation Commission.
- Any other matter the Board is required to act upon by any other Town Ordinance or State law.
Please review the Town of Boone Unified Development Ordinance to read more about the Board of Adjustment's role in the development process, specifically, Article 2 Administrative Mechanisms (Sections 2.03 & 2.05) and Article 6 Quasi-Judicial Hearings.