# Board of Adjustment Meeting | Nov. 12, 2025

**Body:** Buncombe County Government — Board of Adjustment
**Date:** November 12, 2025 12:01 PM EST (2025-11-12T12:01:54-05:00)

**Link:** https://sunshinemeetings.org/event/556

## Summary

On November 12, 2025, the Buncombe County Board of Adjustment convened for a regular meeting to address administrative matters and hear public cases regarding zoning variances and special use permits. The session covered the approval of previous minutes, the election of a Vice Chair, and decisions on four distinct development and property cases. All recorded votes were unanimous, with a 7-0 tally for each motion.

The Board began with administrative actions, approving the minutes from the October 8, 2025 meeting and electing Craig Allen to the position of Vice Chair. Planning Director Nathan Pennington provided an update on future quasi-judicial procedure training for newly appointed members. No conflicts of interest or ex-parte communications were disclosed during the administrative segment.

The first public hearing concerned ZPH2025-00031, a flood variance request for the Biltmore Market Gardener’s Cottage. The applicant sought relief from the Flood Damage Prevention Ordinance to repair a historic structure damaged by Hurricane Helene. Testimony from experts in historic preservation, civil engineering, and floodplain management explained that further elevation or relocation of the building would jeopardize its status as a contributing structure to a National Historic Landmark and compromise structural integrity. The Board voted 7-0 to adopt the findings of fact, 7-0 to approve the variance, and 7-0 to approve the order.

The second case, ZPH2025-00028, involved a Special Use Permit for the Beacon Ridge Multifamily project, a 170-unit development on two parcels off US 70 Highway. Presenters discussed the unit composition, financing through the NC Housing Finance Authority, and a traffic impact analysis which concluded that existing turn lanes were adequate. While one non-party witness disputed the traffic testimony, citing high volumes and exit issues, the Board noted that the County would confer with the North Carolina Department of Transportation regarding potentially lowering the speed limit on US 70. The Board voted 7-0 to adopt the findings of fact, 7-0 to approve the Special Use Permit, and 7-0 to approve the order.

The third case, ZPH2025-00033, addressed a Special Use Permit for a 22-unit single-family development at 2544 Hendersonville Road. The hearing included standing determinations for two individuals, Brenda Smith and Jerry Nesbitt, both of whom were denied standing by a 7-0 vote due to a lack of evidence of special damages. Despite the denial of standing, Ms. Smith provided witness testimony regarding a boundary dispute and property value concerns, while Mr. Nesbitt requested a continuance. Board members expressed concerns that the presentation did not thoroughly address impacts on surrounding properties or waterways, but the Board determined the applicant had established a prima facie case. The Board voted 7-0 to adopt the findings of fact, 7-0 to approve the Special Use Permit, and 7-0 to approve the order.

The final agenda item was ZPH2025-00032, a variance request for a manufactured home at 90 Hazelwood Road. The Board discussed procedural delays, including site plan review errors and the applicant’s travel abroad on the originally scheduled hearing date. Concerns were raised regarding communication gaps between the applicant’s representative and the client, as well as the need for interpretation services. The Board voted 7-0 to continue the case to the December 10, 2025 regular meeting, with a potential continuance to January 14 if the December date proves unsuitable.

Staff members agreed to several follow-up actions following the meeting. Staff will contact the applicant for the Villa variance case to confirm their preferred hearing date between December 10 and January 14. Additionally, staff will coordinate interpreter services for the December 10 meeting and address communication concerns between the applicant’s representative and the client. The applicant is also expected to coordinate with the county to provide interpreter services for a Spanish-speaking party involved in the Villa variance case and to address missing information, including an appraisal and water impact study, for future consideration.

## Agenda

- [Election of Craig Allen to Vice Chair](https://sunshinemeetings.org/event/556/item/23459)
- [Approval of Meeting Minutes from October 8, 2025](https://sunshinemeetings.org/event/556/item/23460)
- [Adopt Findings of Fact for ZPH2025-00031 Biltmore Market Gardener’s Cottage Flood Variance](https://sunshinemeetings.org/event/556/item/23461)
- [Approve Variance for ZPH2025-00031 Biltmore Market Gardener’s Cottage](https://sunshinemeetings.org/event/556/item/23462)
- [Approve Order for ZPH2025-00031 Biltmore Market Gardener’s Cottage](https://sunshinemeetings.org/event/556/item/23463)
- [Adopt Findings of Fact for ZPH2025-00028 Beacon Ridge Multifamily SUP](https://sunshinemeetings.org/event/556/item/23464)
- [Approve Special Use Permit for ZPH2025-00028 Beacon Ridge Multifamily](https://sunshinemeetings.org/event/556/item/23465)
- [Approve Order for ZPH2025-00028 Beacon Ridge Multifamily](https://sunshinemeetings.org/event/556/item/23466)
- [Deny Standing to Brenda Smith for ZPH2025-00033](https://sunshinemeetings.org/event/556/item/23467)
- [Deny Standing to Jerry Nesbitt for ZPH2025-00033](https://sunshinemeetings.org/event/556/item/23468)
- [Adopt Findings of Fact for ZPH2025-00033 2544 Hendersonville Road SUP](https://sunshinemeetings.org/event/556/item/23469)
- [Approve Special Use Permit for ZPH2025-00033 2544 Hendersonville Road](https://sunshinemeetings.org/event/556/item/23470)
- [Approve Order for ZPH2025-00033 2544 Hendersonville Road](https://sunshinemeetings.org/event/556/item/23471)
- [Continue Case ZPH2025-00032 Villa Variance](https://sunshinemeetings.org/event/556/item/23472)

## Votes

- Motion to elect Craig Allen to the Vice Chair — Passed, 7-0
- Motion to approve the minutes from the Board’s regular meeting on October 8, 2025 — Passed, 7-0
- Motion to adopt the following Findings of Fact: 1. That this matter was properly advertised, is within this Board’s jurisdiction and is ripe for its consideration. 2. That this application, together with the conditions proposed by staff and/or this Board and agreed to by the Applicant, if any, DOES meet the requirements for granting a Variance contained in Buncombe County Code of Ordinances Sec. 34-55. — Passed, 7-0
- Motion to approve the Variance and that staff be instructed to draft an order consistent with this motion approving the permit with any agreed upon conditions for review and execution by the Chair, Acting Chair, or such person’s designee, on behalf of this Board — Passed, 7-0
- Motion to approve the order — Passed, 7-0
- Motion to adopt the following Findings of Fact: 1. That this matter was properly advertised, is within this Board’s jurisdiction and is ripe for its consideration. 2. That this application, together with the conditions proposed by staff and/or this Board and agreed to by the Applicant, if any, DOES meet the requirements for granting a Special Use Permit contained in Buncombe County Code of Ordinances Sec. 78-621(3). — Passed, 7-0
- Motion to approve the Special Use Permit and that the order approving the permit be adopted and executed as presented and as modified in this meeting — Passed, 7-0
- Motion to approve the order — Passed, 7-0
- Motion to deny standing to Brenda Smith — Passed, 7-0
- Motion to deny standing to Jerry Nesbitt — Passed, 7-0
- Motion to adopt the following Findings of Fact: 1. That this matter was properly advertised, is within this Board’s jurisdiction and is ripe for its consideration. 2. That this application, together with the conditions proposed by staff and/or this Board and agreed to by the Applicant, if any, DOES meet the requirements for granting a Special Use Permit contained in Buncombe County Code of Ordinances Sec. 78-621(3). — Passed, 7-0
- Motion to approve the Special Use Permit and that the order approving the permit be adopted and executed as presented and as modified in this meeting — Passed, 7-0
- Motion to approve the order — Passed, 7-0
- Motion to continue case ZPH2025-00032 to the December 10, 2025 regular meeting of the Board — Passed, 7-0

## Video & Transcript

- Recording: https://www.youtube.com/watch?v=EsWEPamcfas
- Transcript: https://sunshinemeetings.org/transcript/219/segments

## Documents

- [minutes_2025-11-12.pdf](https://sunshinemeetings.org/event/556?document=14960)

## Sources

- [YouTube video](https://www.youtube.com/watch?v=EsWEPamcfas)