March 12, 2025 | Buncombe County Board of Adjustment

Buncombe County Board of Adjustment Meeting Recap – March 12, 2025

On March 12, 2025, the Buncombe County Board of Adjustment convened a meeting primarily focused on reviewing development proposals and clarifying procedures for future hearings. This body, separate from other county boards or commissions with similar names, plays a crucial role in interpreting and applying the county's zoning ordinances. The meeting was attended by Board members and staff, with significant public interest centered on two major development cases.

A key initial step involved the unanimous approval of minutes from the Board's previous meeting held on February 12th, ensuring a clear record of past decisions. Board members also confirmed they had no conflicts of interest related to the agenda items under consideration, maintaining impartiality throughout the proceedings. A significant portion of the meeting was dedicated to reviewing procedures for quasi-judicial hearings, emphasizing that decisions must be firmly grounded in evidence and consistent with established zoning regulations. This focus underscored the Board's commitment to a fair and legally sound decision-making process, particularly regarding who can participate in these hearings (standing).

The primary focus of the meeting revolved around two specific development proposals. The first, Case ZPH 2024-00035 concerning a proposed 32-lot subdivision with 29 living units at 220 Leadbeater Road, generated considerable discussion. After presentations from county staff and the applicant, A. Marks Construction, detailing their plans for stormwater management and infrastructure, the Board addressed applications for “standing” – the right to participate in the case. While several individuals initially sought standing, most ultimately withdrew their applications. Notably, Sarah McMullen, Jacqueline Sullivan, and Poder Emma (representing both) were granted standing, as was Forrest Smock. Ultimately, the Board voted to continue Case ZPH 2024-00035, postponing a final decision until April 2nd with the possibility of a special meeting. If that date proves unsuitable, the case will be rescheduled to April 9th. The applicant, A. Marks Construction, is expected to address any concerns raised by the Board before a final determination can be made.

The second case under consideration, ZPH 2024-00026 concerning a proposed 170-unit townhome development on Emma Road, is slated for further review at the April 9th meeting. The Board discussed procedures related to standing applications in this case as well, indicating a continued focus on ensuring fair participation.

Throughout the meeting, Board members expressed a desire to streamline the hearing process while upholding due diligence and ensuring robust public participation. While several members of the public attended, most applicants for standing in the Leadbeater Road case ultimately withdrew. Staff reiterated that Board decisions must be based on competent evidence and zoning ordinance standards, limiting their discretion in making rulings.

What's Next?

• County staff will confirm attendance for the tentative April 2nd special meeting regarding the Leadbeater Road development.
• If needed, a suitable date will be determined for rescheduling the Leadbeater Road hearing to April 9th.
• A. Marks Construction will address any outstanding concerns raised by the Board regarding their Leadbeater Road proposal.
• The Emma Road Townhome development (Case ZPH 2024-00026) will be further reviewed at the April 9th meeting.

These decisions and discussions impact Buncombe County residents by potentially shaping future development within the county, influencing traffic patterns, infrastructure capacity, and overall community character. Residents interested in learning more about these cases or the Board of Adjustment's work are encouraged to review the official meeting transcript for detailed information.