2023.02.22 BOA Special Meeting #6

Woodfin Board of Adjustments Special Meeting Recap: Robin Hood Road Development Appeal

On February 22, 2023, the Woodfin Board of Adjustments held a special meeting (Special Meeting #6) focused on an appeal concerning the proposed Robin Hood Road development. This meeting, which involved extensive legal discussion and testimony, centered on whether the project, spearheaded by Hatteras Sky, can proceed under existing zoning regulations (Mountain Village) without requiring a conditional use permit. The outcome of this appeal will significantly impact the development and potentially influence future projects within Woodfin.

The core of the dispute lies in differing interpretations of Woodfin's zoning ordinances, specifically regarding "group developments." Hatteras Sky argues that their plans for luxury condominiums, potentially including short-term rental options, comply with current zoning and therefore do not require a conditional use permit – allowing them to proceed as a "by right" development. Conversely, the appeal, filed by Jessica and Alex Bernstein alongside Citizens for Responsible Land Use (CRLU), contends that the development does trigger a conditional use permit requirement.

A significant portion of the meeting was dedicated to witness testimony from Jason Corden, representing Hatteras Sky. Mr. Corden detailed the development’s history, acquisition of the property, and the company's efforts to respond to feedback from town officials throughout the planning process. Discussions also revolved around legal interpretations of Woodfin’s zoning ordinances, with town officials and the Board examining communications between Hatteras Sky and the Planning Director, Shannon Tuck. The developer presented revised site plans throughout the process in response to town feedback and a checklist outlining requirements, further fueling the debate.

While this meeting served as a hearing to consider the appeal rather than a decision-making session, it was notable for its focus on clarifying complex zoning regulations. No formal votes were taken during this session, and the Board will continue to review the appeal at a later date. Notably, the appellants initially sought to question another witness but ultimately withdrew that request, streamlining the proceedings.

Public comments or direct citizen participation were not a significant feature of this particular meeting, with the focus primarily on legal arguments and technical details. However, a key point of contention emerged regarding short-term rentals within the Mountain Village zoning district, highlighting differing interpretations of existing ordinances. The meeting also underscored challenges in communication and understanding between the developer and town officials regarding zoning requirements, a factor that will likely be considered in future deliberations.

What's Next? The Board of Adjustments will continue their review of the appeal, requiring further legal analysis and discussion. Ultimately, they will determine whether Hatteras Sky's plans comply with Woodfin’s zoning regulations. Residents should anticipate further updates as the Board works towards a final decision, which will have lasting implications for the Robin Hood Road development and potentially set precedents for future development projects within Woodfin.