Board of Adjustment 2/22/24

Board of Adjustment Meeting Recap – February 22, 2024

The Board of Adjustment held a meeting on February 22, 2024, primarily focused on a request from Dow Montreat, LLC concerning their property located at Appalachian Way. This meeting was a continuation of an evidentiary hearing and involved significant discussion regarding potential impacts on the surrounding community. The Board's decisions will affect development practices within Montreat, particularly concerning adherence to the town’s Hillside Development Ordinance.

The core of the meeting centered on a variance request from Dow Montreat, LLC seeking permission to increase both the graded area (from 40% to 85.2%) and development intensity ratio (from 0.3 to 0.472) on their property. A key point of debate revolved around how this variance request aligns with Montreat’s Hillside Development Ordinance, which aims to protect steep slopes and manage stormwater runoff. Concerns were repeatedly raised regarding the potential impact of these changes on neighboring properties, specifically related to increased stormwater runoff. The applicant initially sought a special use permit for a detached garage, but ultimately withdrew that portion of their request. Board members conducted an examination to ensure no conflicts of interest existed regarding the variance application.

Following extensive discussion and review of revised plans, the Board ultimately voted 4-1 to approve Dow Montreat, LLC’s variance request. This approval allows the company to proceed with their proposed modifications to the property. Several board members voiced concerns during deliberations, particularly about establishing a precedent that could impact future variance requests and how the concept of "unnecessary hardship" is interpreted. John Hennis, representing Dow Montreat, LLC, emphasized the company’s desire to improve accessibility and manage stormwater on the property as they plan for retirement. Kayla DeChristina, the town zoning administrator, provided detailed information on the applicant's initial request and revisions, outlining their compliance with the Hillside Development Ordinance.

Community input played a role in the discussion. A neighbor, Charlie Morris, submitted a notarized letter detailing concerns about the project's potential impact. Mary Stander, a member of the public, also offered comments regarding the hillside ordinance and suggested considering alternatives to concrete for paving. These perspectives were entered into evidence, contributing to the Board’s overall consideration of the request.

Looking ahead, Dow Montreat, LLC will now proceed with the permitting process following the Board’s approval. A crucial element of this next phase is the implementation of stormwater management measures as outlined in the revised plans. This includes installing new drains, storage tanks, and redirecting runoff to mitigate potential issues. The applicant will be responsible for monitoring these improvements to ensure they function as intended and effectively manage stormwater flow. Residents should anticipate further updates as the permitting process progresses, and are encouraged to contact the town zoning office with any questions.