Event Recap
On May 14, 2025, the Buncombe County Board of Adjustment convened for a regular meeting to address zoning matters, primarily focusing on a Special Use Permit application. The meeting began with a significant procedural hurdle: the board determined that a quorum for variance matters was not present, meaning they could not proceed with three scheduled variance applications. Consequently, the board limited its business to the review of the Special Use Permit and the approval of previous minutes. Staff acknowledged a communication breakdown regarding attendance and committed to improving notification protocols in the future.
The primary decision of the meeting involved the review of ZPH2025-00006, a Special Use Permit (SUP) revision for the Creekside Community Phase 2 at 311 Creekside Trail Lane. The applicant, Marc Anbach of MA Brevard Road LLC, requested changes to building locations, unit types, lot sizes, interior setbacks, and parking within a previously approved Planned Unit Development. The proposed modifications were driven by the need to accommodate stormwater infrastructure, maintain wetland buffers, and transition the project from a rental community to one offering individual home ownership lots. Although the total unit count remains at 178, a reduction from the originally approved 181, the changes required adjustments to parking and setbacks. Staff recommended approval with conditions, including the submission of preliminary and as-built subdivision applications and the review of a draft final plat before a master site plan permit could be submitted.
During the discussion, Scott Burwell of McGill Associates provided expert testimony, explaining that the proposed changes align with PUD standards and that the residential use of the property remains consistent. The board voted 5-0 to adopt the Findings of Fact stating the application meets the requirements for a Special Use Permit. Following this, the board voted 5-0 to approve the Special Use Permit and 5-0 to approve the final order for the project. Additionally, the board voted 5-0 to approve the meeting minutes from the April 9, 2025 meeting.
The three variance applications scheduled for this meeting—ZPH2024-00017 (Gonzalez Variance), ZPH2024-00004 (AK & RS Investments Variance), and ZPH2024-00004 (Stern Stormwater Variance)—were not heard because the required four-fifths majority of members was not present. These matters were rescheduled for June 11, 2025. Attendees who were present for these variance-related items were excused and informed of the rescheduling.
In other business, the board discussed concerns regarding quorum and attendance. Carla Barnard asked staff and the Chair to reinforce expectations for regular attendance, noting the impact of recent special meetings on participation. The group discussed the possibility of modifying bylaws to address these issues. Paul Wilczynski suggested that staff send a communication to Board members regarding these attendance concerns, a suggestion supported by Vice Chair Katherine Morosani.
Staff explicitly agreed to investigate relevant state laws and county ordinances regarding quorum requirements and to send a follow-up email to all Board members summarizing the meeting’s events and attendance concerns. The applicant for the Creekside Community Phase 2 must now fulfill the conditions of approval, which include submitting the required applications and adhering to the approved site plans.