April 2, 2025 | Buncombe County Board of Adjustment

Buncombe County Board of Adjustment Meeting Recap: April 2, 2025

On April 2, 2025, the Buncombe County Board of Adjustment convened a meeting focused primarily on the proposed "Emma Road Townhomes" development, a project seeking approval for a 107-unit townhome community on Emma Road. This meeting, conducted as a quasi-judicial hearing (similar to a court proceeding), centered on whether to postpone further discussion of the project due to an unexpected change in the developer's expert witness. The proposal, initially submitted in July of 2024 and previously discussed in March 2025, requires several variances from existing zoning regulations concerning lot size, setbacks, parking, building height, and distances between buildings.

The central issue of the meeting was a request from the developer's attorney, John Norris, to continue (delay) the hearing. This request arose from the sudden unavailability of a key expert witness who was scheduled to testify about potential impacts on neighboring properties and overall public welfare. While Mr. Norris sought a postponement, representing parties opposing the development, Mr. Justice, raised concerns about further delays and potential unfairness to his client given the project’s lengthy pending status. He also questioned the appropriateness of allowing testimony that might interpret zoning regulations rather than presenting factual evidence. Following extensive discussion, the Board ultimately voted to deny the motion to continue, but with a significant condition. The board agreed to proceed, but limited testimony from the replacement expert witness solely to addressing standards related to injury to neighboring properties and public welfare. Crucially, they stipulated that no new witnesses or additional materials could be introduced at a later date to ensure fairness and prevent scope creep.

Community input played an important role in the discussion. Mr. Justice, representing a party opposing the development, voiced concerns about the timing of the continuance request and potential unfairness to his client. The Board also clarified requirements for individuals asserting "standing" (the legal right to participate in the hearing) and provided guidance on when lay testimony is appropriate. Several board members expressed concern about the length of time the project has been pending, highlighting potential impacts on the community. Throughout the meeting, the Board consistently emphasized that their decisions must be based on "competent, relevant, and substantial evidence" presented in the record.

Looking ahead, several key action items were identified. The Board has decided to move forward with the hearing, allowing the applicant (Emma Road Townhomes) to present their case. The hearing will continue at a later date, with the replacement expert witness providing testimony focused on potential impacts to neighboring properties and public welfare. County staff has been tasked with locating and providing a copy of the Fire Marshal’s report, as well as a certified copy of the zoning ordinance, including retaining wall standards. Finally, the Board will conduct a poll to determine members' availability for a future hearing date, ensuring sufficient participation in the ongoing proceedings.

This decision impacts residents of Buncombe County as it directly addresses a significant development proposal that could alter the character and density of the Emma Road area. The Board’s focus on ensuring a fair and evidence-based decision process underscores their commitment to balancing development with the concerns of existing residents. The continued hearing will provide an opportunity for further public comment and scrutiny before a final decision is reached on the Emma Road Townhomes project.