Board of Adjustment | March 11, 2026

Board of Adjustment Meeting Recap: March 11, 2026

The Buncombe County Board of Adjustment convened on March 11, 2026, to address several zoning applications, including special use permits and variances. The meeting began with standard procedural items, including the approval of the minutes from the January 14, 2026, meeting and a disclosure of ex parte communications, for which no conflicts were reported. The primary focus of the session was a proposed planned unit development (PUD) for a 48-unit multifamily residential project, alongside two variance requests for residential properties.

The most significant decision of the meeting was the approval of a special use permit for the Swannanoa Apartments PUD, located at 2173 and 2175 US 70 Highway. The project, presented by Michael Fernandez of Cardinal Capital Investment Group, LLC, involves two apartment buildings on a 3.93-acre site. Following extensive discussion regarding building height, slope stability, drainage, noise pollution from heat pump units, and a shed encroaching on a neighboring property, the Board voted to approve the permit with specific conditions. These conditions require the applicant to recombine the properties before submitting for site plan review, construct the project exactly as depicted in the approved site plan, and submit a detailed development permit that includes lighting, buffering, landscaping, retaining walls, easements, and approved E911 road names.

In addition to the construction requirements, the Board mandated the relocation of a shed to maintain the line of Arborvitae on the eastern side of the development and the placement of additional Arborvitae closer to the top of the slope. The applicant agreed to consult with their architect to explore options for lowering the building height and relocating condensing units to mitigate noise. They also committed to discussing the shed’s location with the neighboring property owner to reach a resolution and to submit a driveway encroachment permit to the North Carolina Department of Transportation (NCDOT), which is currently under review. Staff agreed to present an order for the approved PUD application, which will require the applicant’s written agreement to all conditions before site work can commence.

The Board also addressed the ZPH2025-00016 application for the Southern Towers Woodmere Special Use Permit, which seeks to establish a telecommunications tower at 2049 Upper Laurel Drive. This item was continued to April 8, 2026, due to a missing variance application. Staff indicated they will ensure the variance application is ready for that future meeting.

Two variance requests were also decided. For the Penley Variance (ZPH2026-00003) at 18 Moffett Hill Road, the Board approved a variance allowing two accessory buildings (sheds) to remain 5.2 feet from the property line, despite the required 10-foot setback. The approval was granted because the structures were built using old fence lines. Staff clarified that bringing these unpermitted structures into full compliance would require building permits. For the Neal Variance (ZPH2026-00004) at 9 Nellie Bell Lane, the Board unanimously approved a reduction of the front yard setback for a newly constructed single-family home from 20 feet to 3 feet. This variance was necessary due to a contractor’s error during construction on a lot with challenging topography, which required an eight-foot retaining wall. The Homeowners Association (HOA) is recorded as being in agreement with the placement.

During the discussion of the Neal Variance, concerns were raised regarding safety due to the curve in the road and the proximity of the house to the street. Suggestions were made for installing barriers, and Scott Barfield, the applicant’s representative, offered assistance with installing a guardrail if deemed necessary. Staff agreed to provide photos documenting the property to support the record.

These decisions impact local residents by establishing the parameters for new multifamily housing on US 70 Highway and resolving setback issues for two single-family properties. The conditions attached to the Swannanoa Apartments approval aim to mitigate potential impacts on neighboring properties, particularly regarding noise and visual screening, while the variances allow for the legal recognition of existing structures that deviate from standard zoning setbacks due to historical or construction errors.