Opponents of the proposed Robinhood development in Woodfin requested to elevate their challenge to the Buncombe County Superior Court in a May 26 legal filing.
Citizens for Responsible Land Use, an organization formed in 2016 to prevent high density developments on steep slopes, mitigate the negative impacts of those developments, and educate the public on the detriments of such developments, filed the petition with members and Asheville residents, Alex and Jessica Bernstein. They live on Beaverbrook Road near the proposed development.
Robinhood first submitted its application to Woodfin May 17, 2021. The next day, Woodfin voted to update its zoning code to include restrictions to regulate density, height and even implement landscaping standards. This is where the trouble begins. Since that time, Woodfin’s zoning laws have changed many times. CRLU is arguing that amid all these changes, the Robinhood development should adhere to the most current zoning laws.
CRLU is frustrated that the proposed 110-unit development conflicts with current local zoning ordinances, which regulates building on “steep slope areas,” defined as a parcel of land that has an average natural slope greater than or equal to 20%.
According to the petition, the Robinhood development has an average slope of 43%. Robinhood, which is owned by Atlanta-based developer Hatteras Sky, is arguing that its proposal should be evaluated under the Woodfin zoning ordinances in place when it first submitted its application in 2021.
CRLU is arguing that according to North Carolina State Law, Robinhood needed to provide answers to questions sent by Woodfin’s zoning administrator, Adrienne Isenhower, about their initial application within six months of receiving the communication if they wanted to build under the previous zoning rules. The legal filing says that did not happen in email correspondence, nor in future applications before the legally dictated deadline. CRLU also argued that by not including all the required information in the initial application, Robinhood did not officially submit it.
more:In appeal against steep-slope development, Woodfin neighbors pass first hurdle
more:Woodfin neighbors vs. developer: Appeal process continues for steep-slope development
The petition also takes issue with the nature of Robinhood’s proposal. What began as multi-family housing in its initial plan became short-term vacation rentals in the most recent version. CRLU is arguing that Robinhood can’t dramatically change its plan for the project from its initial submission and still requests that it use the previous zoning ordinances.
The Citizen Times reached out to CRLU’s lawyer, John Noor, the petitioners, Woodfin Mayor Jerry VeHaun, and Hatteras Sky for comment.
According to the petition, Woodfin’s zoning administrator, Shannon Tuch, made zoning determinations about the proposed development. CRLU filed an appeal against those decisions Oct. 28, 2022. That appeal was heard by Woodfin’s Board of Adjustment, and ultimately, Tuch’s decisions were approved with a few minor conditions.
Now CRLU and the Bernsteins are hoping their argument is heard in a higher court.
Mitchell Black covers Buncombe County and Healthcare for the Citizen Times. Email him at [email protected] or follow him on Twitter @MitchABlack. Please help support local journalism with a subscription to the Citizen Times.