Shoney's of Enka, Inc. v. Board of Adjustment for the City of Asheville

MARTIN, MARK D., Judge.

Plaintiff appeals from judgment affirming the decision of the City of Asheville Board of Adjustment (the Board of Adjustment) denying plaintiff’s request for a zoning variance. We reverse and remand.

On 5 March 1992 plaintiff applied for a variance from the requirements set forth in § 30-9-5 (B-4) of the City of Asheville Code of Ordinances to erect a new sign on property located near the intersection of U.S. Highway 19/23 and Interstate 40. On 20 April 1992 the Board of Adjustment held a hearing on the requested variance and voted three to two in favor of plaintiff’s…