2023.01.27 BOA Special Meeting #3

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

On January 27, 2023, the Woodfin Board of Adjustments held a special meeting to continue deliberations on an administrative appeal concerning the proposed development on Robin Hood Road. This appeal, filed by Jessica and Alex Bernstein alongside Citizens for Responsible Land Use (CRLU), challenges a previous determination made by the Interim Planning Director, Shannon Tuck, regarding the project's compliance with Woodfin’s zoning ordinances. The meeting focused on a complex legal review of the development proposal, aiming to clarify whether it adheres to local regulations.

The core of the discussion centered on several key points, all revolving around how best to classify and evaluate the Robin Hood Road development. The Board explored whether the project should be considered a "group development," as argued by the appellants, or a standard "multifamily dwelling" according to the town's perspective. This distinction is crucial as group developments often face stricter approval processes and regulations. Further debate arose regarding the appropriate review process: should it be a streamlined "ministerial review," as argued by the appellants, or a more rigorous conditional use permit? The meeting also delved into the classification of proposed short-term rentals within the development, referencing definitions from Woodfin’s planning dictionary and examining whether they fall under categories like "boarding house" or "hotel." Finally, the Board discussed the application of North Carolina's permit choice statute and its implications for determining which version of Woodfin’s zoning ordinance applies to the project.

While no formal votes were taken during this meeting, a significant development occurred when the Board agreed to allow Jessica Bernstein, an experienced planner and one of the appellants, to testify as an expert witness. This allowed her to provide detailed insights into zoning regulations and the application process, highlighting potential discrepancies in the town's interpretation. Throughout the meeting, Board member Mr. Henning emphasized the importance of fairness and impartiality in the proceedings, encouraging all parties to present their evidence thoroughly. Mr. Noor, representing the appellants, underscored the need for adherence to state law and cautioned against deviating from established legal principles.

Citizen involvement was demonstrated through the presence of Citizens for Responsible Land Use (CRLU) as appellants, signifying a considerable level of community concern regarding the proposed development. While there were no direct public comments during this particular session, CRLU’s participation underscores the significant interest and potential impact of this project on Woodfin residents.

Looking ahead, the Board will continue its deliberations at a future meeting. Mr. Noor is expected to present further evidence and testimony supporting the appellants' arguments. The Board also agreed to review Woodfin’s Planner’s Dictionary for greater context and clarity regarding key terminology. The outcome of this appeal will have a significant impact on the future of the Robin Hood Road development and could potentially set precedents for similar projects within Woodfin, impacting zoning regulations and future residential developments in the area. Residents are encouraged to stay informed as this process unfolds.