Buncombe County Board of Adjustment | February 12, 2025

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

On February 12, 2025, the Buncombe County Board of Adjustment convened to address several zoning-related requests impacting residents and property owners within the county. The meeting, which began with administrative matters like approving minutes from previous sessions (September 11, 2024 and January 8, 2025), focused primarily on three public hearings concerning variance requests and a special use permit. All six board members – Paul Walsinski, Gabe Quisenberry, Andy Ball, Josh Holmes, Wesley Green, and David Weinstein – were present, ensuring a full quorum for all deliberations.

The most significant portion of the meeting centered on Sandra Murray's request (ZPH 2024-00021) for a variance to reduce the rear setback on her property at 245 Rocky Mountain Way from 15 feet to eight feet. Murray presented a detailed visual aid demonstrating the proximity of her property to neighboring structures and arguing that the variance would allow for improvements without negatively impacting neighbors. Notably, representatives from the Hills at Avery’s Creek Property Owners Association (POA) informed the board they are pursuing a comprehensive resurvey and re-permitting of their neighborhood. While this development could potentially impact future setbacks, the Board decided to proceed independently with Murray’s request. Following discussion, the board unanimously approved her variance, allowing her to proceed with planned improvements.

Beyond Murray’s request, the Board also addressed a variance sought by Marvin Odeber (ZPH 2024-00037) regarding a property division at 330 Gorin Bridge Road. Odeber aims to divide the 5.19-acre property into two lots, one being .35 acres, due to inheritance and health concerns. The existing property already houses two residences and a garage. The Board unanimously approved this variance, contingent upon the submission and acceptance of a detailed site plan outlining the proposed division. Finally, Odeber also requested a special use permit (ZPH 2024-00004) to operate a vacation rental complex with eight units on the same Gorin Bridge Road property. This permit was approved unanimously, but with conditions including limitations on pool access (one rental at a time) and prohibiting the use of an existing barn as an event space.

Throughout the meeting, the Board emphasized the importance of factual testimony and adherence to zoning ordinance standards in quasi-judicial hearings. They also clarified requirements for asserting standing in a case and the appropriate timing for presenting witness testimony, demonstrating their commitment to fair and transparent proceedings. The ongoing resurvey initiative by the Hills at Avery’s Creek POA was a recurring topic, highlighting potential future changes to development regulations in that area.

Looking ahead, the Buncombe County staff will now draft formal orders reflecting each of the Board’s decisions. Approved applicants, including Murray and Odeber, will be required to sign agreements outlining the conditions of approval before commencing any work. Residents in areas affected by these decisions, particularly those along Rocky Mountain Way and Gorin Bridge Road, should anticipate changes or improvements as a result of these approvals. The resurvey process undertaken by the Hills at Avery’s Creek POA will continue to be monitored, potentially influencing future development opportunities within that community.

This meeting demonstrated the Board of Adjustment's role in balancing individual property rights with established zoning regulations, ultimately impacting the character and development of Buncombe County.