Woodfin neighbors vs. developer: Appeal process continues for steep-slope development
An appeal of the decisions made by the town of Woodfin about Robinhood Residential, a proposed development on Beaverbrook Road that has neighbors concerned about mudslides and windy roads, continues as the developer's lawyers step up to the plate.
The appeal hearing, led by the town's Board of Adjustment, began Jan. 25 and was most recently continued to its sixth day, set for Feb. 22. Because the development's application was submitted in May 2021 before zoning ordinance changes, Atlanta-based developers Hatteras Sky and the town claim that the developers should be able to choose between old zoning ordinances and new ones.
Those appealing the town's decisions, neighbors Jessica and Alex Bernstein and the organization they are a part of, Citizens for Responsible Land Use, claim the development should be held to the newer rules that would potentially stop or delay the development because the application was not property submitted and the application was put on hold for more than six months, among other things.
"Why has my client taken the time and energy to hire me to come here and advocate her case? Because this community has gone and made decisions to change and improve its zoning ordinance, and if we don't hold everyone to the same rules, then certain people get to follow one set of rules and other people have to follow different rules," the Bernsteins' and CRLU's lawyer John Noor said during his closing statement on Feb. 9.
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The development, in its current state, is proposed to be between one and three buildings with 110 short-term rentals and a 165-space parking lot on a 16.93-acre property that has an average slope of 43.12%. The exact number of buildings shown in the most recent site plans is a matter of contention among the developers and neighbors.
Hatteras Sky's lawyers Jesse Swords and Josh Portnoy began presenting their side of the story at Feb. 15's meeting, which started with a recap of the Town's presentation.
However, Swords first attempted to recuse Board of Adjustment member Patrizia Hoffman from the rest of the hearing because he said that she had already made her mind up about the case before hearing all the evidence and had improper conversations about the hearing. Hoffman refused to recuse herself, and the board unanimously voted to keep her on.
"We probably don't know enough about the process because we're townspeople," Hoffman said. "You're speculating that I have done something wrong, and I haven't."
The appeal process is quasi-judicial, meaning it acts similarly to a court hearing with lawyers, witnesses and evidence. Strict rules govern what can and cannot be done in and out of the hearing for all those participating.
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The four reasons neighbors claim the development should be considered under the new zoning codes are:
Incomplete applications: The May 2021 applications did not include all the information required by the town's ordinance.
Failure to respond: The developers did not respond to the town's request for more information within six months, which by state law means the application is dropped.
Put on hold: The developers put the application on hold for more than six months, which by state law means the application is dropped.
Short-term rentals: All of the 110 units are likely to be short-term rentals, meaning the development is not a residential dwelling but instead a hotel or motel.
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The town's lawyer, John Henning, disputed all of these points over the first few days of the appeal hearing using testimony from Woodfin Town Manager Shannon Tuch and Project and Facilities Manager Adrienne Isenhower, who Henning said have over 30 years of combined experience in planning and zoning.
Christian Smith is the general assignment reporter for the Asheville Citizen-Times. Questions or comments? Contact him at RCSmith@gannett.com or 828-274-2222. Please help support this type of journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Woodfin Robinhood Residential appeal continues, Hatteras Sky steps up
