Board of Adjustment Meeting |Oct. 8, 2025

Key Decisions

The Buncombe County Board of Adjustment held a regular meeting on October 8, 2025, to review zoning cases and administrative items. The board voted 7-0 to modify the agenda order and 7-0 to approve the minutes from the September 10, 2025 meeting. No conflicts of interest or ex-parte communications were disclosed.

The board took action on two Special Use Permit (SUP) applications. For ZPH2025-00019, the New Leicester Grocery SUP, the board passed the Findings of Fact, approved the Special Use Permit, and approved the Order, each by a vote of 7-0. Similarly, for ZPH2025-00028, the Ingles #34 Swannanoa SUP, the board passed the Findings of Fact, approved the Special Use Permit, and approved the Order, each by a vote of 7-0.

Regarding ZPH2025-00032, the Villa Variance, the board voted 7-0 to continue the case to the next regular meeting on November 12, 2025. The board determined it was not appropriate to proceed at that time because the property owner was not present, did not have licensed legal counsel present, and the case was contested by a party asserting standing. Additionally, staff announced that ZPH2025-00031, the Biltmore Market Gardener’s Cottage Flood Variance, was continued to the November regular meeting at the applicant’s request.

Discussion Highlights

During the public hearing for the New Leicester Grocery SUP, Warren Sugg of Civil Design Concepts testified that the project meets Planned Unit Development (PUD) and SUP standards. He noted that while internal sidewalks are proposed, there are no existing or proposed sidewalks along New Leicester Highway, and old pipes will be excavated to install new conveyances for the existing underground channeled stream. Monisha Badarinath presented the Transportation Impact Analysis (TIA), stating it received North Carolina Department of Transportation (NCDOT) review and approval and that the project meets applicable standards.

For the Ingles #34 Swannanoa SUP, Stacey Conner reviewed site plans, noting the new building is outside the regulatory floodplain but will be raised by four feet, and a 26-foot access easement was provided per Fire Marshal comments. Mark Teague explained that the TIA process began with verbal NCDOT scope approval and that two new traffic signals are proposed, with the TIA to determine if they are warranted. Preston Kendall of Ingles Markets expressed the company's desire to reopen the Swannanoa store and support the community.

Staff provided a detailed explanation of quasi-judicial procedures, emphasizing that decisions must be based on competent evidence and adherence to zoning standards. The board clarified limitations on public testimony, prohibiting speculative opinions or matters outside the record, such as property value projections.

Follow-ups

Staff announced that the applicant for ZPH2025-00031, the Biltmore Market Gardener’s Cottage Flood Variance, requested a continuance to the November regular meeting due to ongoing application completion. For ZPH2025-00032, the Villa Variance, the board continued the case to November 12, 2025, noting the need for the property owner and licensed legal counsel to be present. The applicant for the New Leicester Grocery project is required to secure DOT permits and submit a complete site plan development permit as conditions of approval.

Impact

The approval of the New Leicester Grocery and Ingles #34 Swannanoa Special Use Permits allows for the development of retail trade facilities at these locations, subject to the conditions outlined in the approved orders. These decisions permit the construction of new grocery and retail spaces, including specific traffic improvements and stormwater management plans as detailed in the testimony. The continuation of the Villa Variance and the Biltmore Market Gardener’s Cottage Flood Variance means that these zoning adjustments will not be finalized until the November 12, 2025 meeting, allowing time for proper representation and application completion.