Board of Adjustment Meeting: June 11, 2025

Buncombe County Board of Adjustment Meeting Recap: June 11, 2025

On June 11, 2025, the Buncombe County Board of Adjustment convened to review several requests for variances from county zoning regulations. This meeting, attended by all board members, focused on ensuring compliance with ordinances while addressing unique situations presented by property owners. The meeting provided a valuable opportunity for residents to understand the quasi-judicial hearing process and participate in decisions impacting their community.

A significant portion of the meeting centered on two key variance requests. First, the Board unanimously approved a request from Jorge Gonzalez to reduce the front yard setback for a mobile home at 2 Hazelwood Road. This decision followed a discussion acknowledging an initial county error that had led to the original approval, highlighting the importance of careful review and adherence to procedures. Secondly, a more complex case involving Alan Stern's request for a stormwater variance on Old Fort Road sparked considerable debate and ultimately, a crucial decision regarding who could participate in the hearing.

The Stern case involved a request to allow a driveway to encroach into a stream buffer zone, raising concerns about potential erosion and impacts on nearby Echo Lake. A significant portion of the discussion revolved around determining whether neighboring residents, Gina and Thomas Maselli, had "standing" – meaning they could demonstrate a direct and demonstrable injury from the Board's decision. After extensive questioning, the Board voted to grant them standing, allowing them to present their concerns regarding potential impacts from the proposed driveway. The discussion also touched upon a historical county error that led to the road’s initial construction without proper permits, further complicating the matter. Mr. Stern testified about exploring alternative access routes but concluded that the existing easement was the only viable option.

Beyond these variance requests, the Board approved minutes from previous meetings and addressed procedural matters. A notable discussion arose regarding proactively identifying potential scheduling conflicts among board members to ensure full participation in future hearings. The meeting also included a detailed explanation for the public regarding quasi-judicial hearing procedures, emphasizing the importance of relying on factual evidence and demonstrating "standing" to participate.

What's Next?

Several key action items emerged from the meeting:

• Emma Road SUP Case: County staff will continue preparing documentation for an appeal currently pending in Superior Court.
• Stern Stormwater Variance: The hearing will continue at a later date, now including Gina and Thomas Maselli as recognized participants.
• Gonzalez Variance: Staff will draft an official order reflecting the Board’s unanimous approval.
• Board Scheduling: The board will explore strategies to proactively manage scheduling conflicts and ensure consistent member participation.

The Board of Adjustment’s work is vital to Buncombe County residents, as it ensures that zoning regulations are applied fairly and consistently while allowing for reasonable exceptions when circumstances warrant. This meeting underscored the Board's commitment to transparency and community engagement in these quasi-judicial proceedings, emphasizing that decisions are based on factual evidence and a thorough understanding of the potential impacts. Residents are encouraged to familiarize themselves with the county's zoning ordinances and participate in future Board of Adjustment meetings when their interests are affected.