# Board of Adjustment Meeting | July 9, 2025

**Body:** Buncombe County Government — Board of Adjustment
**Date:** July 9, 2025 12:00 PM EDT (2025-07-09T12:00:24-04:00)

**Link:** https://sunshinemeetings.org/event/736

## Summary

**Board of Adjustment Meeting Recap: July 9, 2025**

The Buncombe County Board of Adjustment held its regular meeting on July 9, 2025, in the Commissioners’ Chambers. The session began with the election of annual officers, where the Board voted 7-0 to elect Andy Ball as Chair and Katherine Morosani as Vice Chair. Following these elections, the Board voted 7-0 to approve the minutes from the regular meeting held on June 11, 2025. Staff also announced that they are working on a new system for tracking board member attendance to resolve previously raised issues, with details to be shared via email later that week.

During the disclosure of ex-parte communications, several board members reported receiving phone calls, text messages, or seeing social media posts related to the Stern Stormwater Variance case (ZPH2025-00004). The Board emphasized that these external communications would not influence their decisions, reiterating that all rulings must be based solely on the evidence presented during the official hearing to ensure impartiality.

The Board conducted public hearings on three zoning cases. First, regarding ZPH2025-00009, the Laurelwood Village Phase 2 Special Use Permit (SUP) Revision, the applicant requested approval to add four townhome units to an existing development. Staff confirmed that the requested adjustments to setbacks and lot sizes were consistent with the first phase of the development. 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. Conditions included the submission of a major subdivision plat and an agreement for access off Waightstill Drive.

Second, the Board heard ZPH2025-00008, the Asheville River Cabins SUP, which sought permission to host weddings and events at a travel trailer park. Staff noted that while parts of the property are in the floodplain, the designated event area is outside of it. The applicant stated that weddings would be limited to guests staying on the property, with a maximum of 100 attendees, and noted that the mobile cabins were successfully evacuated during Hurricane Helene. 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, with conditions regarding fire safety and coordination with the Mountain Air Quality Management District (MSD) regarding on-site food preparation.

The final hearing was a continuation of ZPH2025-00004, the Stern Stormwater Variance, which seeks to allow a driveway to encroach on a stream vegetative setback. Staff proposed conditions to minimize untreated runoff and ensure water quality treatment meets high-density standards. During testimony, a party with standing argued that the application’s claim of no other access options was incorrect, presenting an alternative right-of-way access option. Another party with standing expressed safety concerns, citing financial challenges related to dam repairs and dredging, as well as an Erosion Control Notice of Violation. In rebuttal, the applicant’s engineer presented a conceptual road alignment showing that an alternative driveway would have a 31% slope, potentially violating Steep Slope Overlay limits. Despite the transcript summary stating the hearing was continued, the recorded votes indicate the Board voted 7-0 to adopt the Findings of Fact, 7-0 to approve the Variance with staff-suggested conditions, and 7-0 to approve the order.

Staff explicitly agreed to send out an email regarding the new attendance tracking system later that week. Additionally, staff agreed to remove a specific name from a condition regarding fats, oils, and grease review for the Asheville River Cabins case, deferring to other agencies regarding waste pollution prevention. The meeting was adjourned at 4:50 P.M.

## Agenda

- [Call to Order & Welcome](https://sunshinemeetings.org/event/736/item/23534)
- [Announcements](https://sunshinemeetings.org/event/736/item/23535)
- [Roll Call of Board Members](https://sunshinemeetings.org/event/736/item/23536)
- [Election of Chair and Vice Chair](https://sunshinemeetings.org/event/736/item/23537)
- [Approval of Meeting Minutes](https://sunshinemeetings.org/event/736/item/23538)
- [Disclosure of Ex-parte Communications/Conflicts of Interest](https://sunshinemeetings.org/event/736/item/23539)
- [Public Hearings: ZPH2025-00009 Laurelwood Village Phase 2 SUP Revision](https://sunshinemeetings.org/event/736/item/23540)
- [Public Hearings: ZPH2025-00008 Asheville River Cabins SUP](https://sunshinemeetings.org/event/736/item/23541)
- [Public Hearings: ZPH2025-00004 Stern Stormwater Variance (Continued from 6/11/25)](https://sunshinemeetings.org/event/736/item/23542)
- [Adjourn](https://sunshinemeetings.org/event/736/item/23543)

## Votes

- Motion to elect Andy Ball to the Chair — Passed, 7-0
- Motion to elect Katherine Morosani to the Vice Chair — 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 minutes from the Board’s regular meeting on June 11, 2025 — 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 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 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. 26-362(b)(9). — 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

## Video & Transcript

- Recording: https://www.youtube.com/watch?v=xQlUZQaDlCw
- Transcript: https://sunshinemeetings.org/transcript/412/segments

## Documents

- [agenda_2025-07-09.pdf](https://sunshinemeetings.org/event/736?document=14993)
- [minutes_2025-07-09.pdf](https://sunshinemeetings.org/event/736?document=14994)

## Sources

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