Event Recap
Meeting Overview The Buncombe County Board of Adjustment held a regular meeting on June 11, 2025, in the Commissioners’ Chambers in Asheville. The agenda focused on procedural matters and public hearings for three variance requests that had been continued from the May 14, 2025, meeting: the Gonzalez Variance, the AK & RS Investments Variance, and the Stern Stormwater Variance.
Key Decisions The Board voted 7-0 to approve the minutes from the special meeting on April 28, 2025, and the regular meeting on May 14, 2025. Regarding the public hearings, the Board made the following determinations:
- Gonzalez Variance (ZPH2025-00017): The Board voted 7-0 to adopt the Findings of Fact, 7-0 to approve the variance, and 7-0 to approve the order.
- Stern Stormwater Variance (ZPH2025-00004): The Board voted 7-0 to continue the case to the July 9, 2025, regular meeting.
- AK & RS Investments Variance (ZPH2025-00005): The Board voted 7-0 to continue the case.
Discussion Highlights Staff Attorney Curt Euler announced that a writ of certiorari had been granted for an appeal of the Board’s previous decision in the Emma Road Townhomes Special Use Permit case (ZPH2024-00026). Staff is currently preparing the record of proceedings for this Superior Court appeal.
For the Gonzalez Variance, staff confirmed that the need for the variance arose from an erroneous approval by County staff. The applicant, Jorge Antonio Gonzalez, stated he was not informed of the non-compliance until requesting his certificate of occupancy. The variance allows for a reduction to the front setback for a manufactured home.
The Stern Stormwater Variance hearing involved significant debate regarding property access and standing. The Board determined standing for several parties: a motion to deny standing to Gina Miceli passed 6-1 (with Carol McCrory voting No); a motion to grant standing to William Wilkie passed 6-1 (with Katherine Morosani voting No); a motion to deny standing to Thomas Miceli failed 3-4; and a motion to grant standing to Thomas Miceli failed 5-2.
Testimony in the Stern case included Alan Stern, who stated that the deeded right-of-way for access existed since 1981, predating his 2010 purchase, and that alternate access points were topographically impossible or denied by neighbor William Wilkie. Engineering expert Wyatt Edsel testified that access from the southeast corner was impossible due to topography and that the project otherwise complied with stormwater requirements except for the buffer encroachment. William Wilkie claimed he had offered an alternative right-of-way to Stern, which Stern rejected, and that the work caused erosion and damages exceeding $50,000.
Community Input Gina Miceli expressed detailed concerns about potential increased stormwater runoff and landslide risks in a geographically vulnerable area, emphasizing the unique challenges of Old Fort Road. Thomas Miceli presented concerns supported by photographs and documentation from Buncombe County records, arguing that the roadway/easement poses a risk to his property, specifically potential flooding and debris flow into Echo Lake, and that sediment pollution control violations are a serious issue.
Follow-ups Staff agreed to research precedent regarding county errors impacting zoning decisions in relation to the Gonzalez variance. Staff is continuing to prepare the record of proceedings for the Superior Court appeal regarding the Emma Road SUP case. The Board encouraged the parties in the Stern case to engage in discussions regarding the proposed easement option before the next meeting.
Impact The approval of the Gonzalez variance resolves a zoning non-compliance issue caused by a prior county error, allowing the applicant to maintain his existing mobile home placement. The continuation of the Stern and AK & RS Investments cases means that no final decisions on these variances were made at this meeting. The Stern case, which involves a dispute over access and stormwater buffers, will be revisited on July 9, 2025, after further review of evidence and potential discussions between the neighbors. The AK & RS Investments case will also be revisited at a future meeting.