►
Description
Regular Meeting of the Buncombe County Board of Adjustments from Nov. 13, 2019. The discussion of the meeting will continue on Wednesday, Dec. 11, 2019.
A
November
13th
for
funky
County
Board
of
Adjustment
meeting
to
order.
Thank
you
all
for
being
here.
You
said
there's
a
little
bit
of
between
the
interest
in
this
case
now,
let's
posit
we're
going
to
go
through
our
normal
procedure.
Explain
a
little
bit
about
what's
going
to
happen.
I
understand,
there's
two
unusual
things
that
may
occur
here
that
they're
not
typical,
but
we're
gonna
try
to
contain
script
as
much
as
possible.
That
typically
means
we
start
with
any
announcements.
We
stop
one
start
there
and
we
can
go
down
the
list
with
a
name
introduce
everyone.
B
Gonna,
chair
more
board
members,
some
members
of
the
public,
my
name
is
Nathan
Pennington.
The
planning
director
here
for
bunker
County.
Just
a
couple
of
opening
remarks,
also
wanted
to
make
you
and
the
board
aware
of
the
various
subject
matter:
experts
that
are
in
the
room
today.
First
being
this
is
not
a
legislative
matter
conditional
use.
Permit
application.
B
Please
note
that
the
Buncombe
County
Board
of
Adjustment
makes
decisions
on
development
applications
judicial
procedures.
These
are
somewhat
similar
to
rules
followed
by
courts
of
law.
Because
of
this
structure,
the
board
is
held
to
strict
standards,
as
it
relates
to
their
evaluation
of
applications
or
decision
may
not
be
driven
by
arbitrary
or
unqualified
opinion
spheres
or
hearsay.
But
it's
determined
by
factual
evidence
based
on
exhibits,
testimony
and
expert
witnesses.
The
conditional
use
process
differs
from
other
local
governments.
B
It
is
not
uncommon
and
as
wildly
get
across
the
state
of
North
Carolina
and
throughout
the
United
States,
while
community
members
may
participate
in
hearing
is
important
to
note
that
any
testimony
given
must
be
sworn
relevant.
Non-Repetitive
compact
roles,
opinion
evidence
may
only
be
given
by
qualified
experts.
Chair
Moore
will
discuss
the
procedure
for
testimony
in
more
detail
as
well
as
as
well
as
how
we
will
swear
in
witnesses
within
a
large
number
of
people.
Today.
B
B
Was
the
floodplain
administrator
for
Buncombe
County
Doug
sharp?
Is
the
erosion
control
officer
for
County
Carlow
Furnari
as
the
Buncombe
County
greenways
coordinator,
Brandon,
Freeman
and
Michael
crew
is
Buncombe
County
Attorney's
there
is
actual
representation
from
the
city
of
Asheville,
as
well
as
the
NCDOT.
We
have
Ken
Putnam
Andrew,
Seymour
and
Nick
nerado.
There's
also
attorneys,
representing
both
the
opposition
and
the
outlets
as
well.
John
Doerr
I
see
Eric
Edgerton
as
well
as
Lou
Bisset
and
Bob
boast,
representing
the
applicants
that.
D
C
B
A
You
and
if
everyone
can
try
to
remain
as
come
and
go
as
you
need
to
to
try
to
remain
as
silent
and
helpful
as
possible
in
facilitating
this.
We
have
a
lot
of
people
in
the
room
and
I
hate
to
miss
any
final
portion
of
the
presentations
and
hearing
people's
cell
phones
go
off
or
anything
now's.
Your
good
chance
go
and
put
it
on
silent
if
we
can
go
ahead
and
introduce
the
board
members,
starting
with
Robbie.
A
A
Approve
the
9
minutes
all
in
favor
all
right
any
opposed.
This
is
our
so
approved
before
you
get
any
disclosures
or
conflicts
that
needs
to
be
shared
at
this
point,
I
will
go
ahead
and
print
it
out.
There
I
received
an
email
from
Chamber
of
Commerce
I
did
not
open
the
attached
letter.
I
forwarded
that
to
Council
and
staff.
A
Letter
that
is
not
invisible
at
this
time,
not
that
it
wouldn't
be
down
the
road
if
someone
probably
properly
admitted
that
in
the
evidence,
however,
if
you
did
receive
that
I'm
directing
everyone
now
you
not
consider
that
in
any
deliberations,
I
don't
know
the
contents
of
it.
My
understanding,
as
counsel
may
or
may
not
have
read
it
at
this
point,
but
it
would
not
be
admissible
at
this
present.
Time
has.
A
A
Wendell
will
not
sit
and
listen
over
the
evidence,
although
he
will
not
be
a
voting
member
absent
some
extenuating
circumstance,
but
just
so
all
parties
involved
legal
standing
understand
that
all
right
I'll
go
into
my
sample
opening
statement
after
this
I
I
suppose
we
have
a
motion
that
we
need
to
entertain
before
here
any
evidence
or
introduce
any
project
that
was
submitted
by
counsel
for
the
homeowners
association
and
I.
Understand
that
the
city
is
here
as
well.
So
let's
entertain
that
first,
let
someone
has
an
objection.
A
H
On
good
morning,
my
name's
John
Moore
I
represent
the
Malvern
Hills
neighborhood
association,
as
well
as
neighboring
property
owners,
Carol
Warren,
Joey,
Elkins
and
Jesse
Courtney.
This
is
our
motion
to
continue
the
hearing
from
today
and
rejoin
the
city
of
Asheville.
In
that
motion,
that
is
also
asking
for
the
continuance.
The
basis
of
our
requests
are
three
different
reasons:
one.
The
first
is
under
the
banca
county,
ordinance,
78
677
d.
It
requires
that
the
application
be
submitted
to
the
board
30
days
in
advance
of
the
carest.
Now.
C
H
H
As
a
result,
my
clients
did
not
have
30
days
would
be
provided
under
the
ordinance
to
review
those
materials
share,
those
with
their
experts
that
they
have
retained
to
provide
expert
testimony
on
this,
and
they
are
not
in
a
position
right
now
to
proceed
with
this
hearing.
We
will,
if
the
board
chooses
to
deny
motion
to
continue,
but
we
are
entitled
to
those
30
days.
We
would
ask
that
we
be
given
those
30
days
and
assets
board
continue
this
hearing
until
that's
December
meeting,
so
that
everyone
has
the
time
they're
entitled
to
reason.
H
H
We
also
have
two
additional
experts
that
we've
been
trying
to
retain.
Unfortunately,
due
to
their
schedules,
they
were
not
able
to
be
here
today
due
to
the
timing
and
their
inability
to
review
the
revised
applications
and
enough
time
from
when
they
were
submitted
to
make
public.
The
last
would
be.
We
know
from
the
materials
that
we
provide
to
the
board
and
online
that
the
d-o-t
only
received
the
traffic
impact
analysis,
in
this
case,
October
31st
and
they're
in
the
Conner
correspondence
that
they
provided
indicated
to
their
review
will
not
be
done
until
December,
2nd.
H
So
even
though
I
think
do
team
members
are
here
today,
I
may
be
wrong
about
that.
They
will
not
be
able
to
provide
any
advice
to
this
board
on
what
they
think
the
traffic
impact
will
be
because
they
have
not
completed
their
analysis.
We
would
argue
that,
let's
let
diety
do
its
job.
Let's
let
it
review
that
report
come
up
with
a
response,
and
then
they
can
share
that
with
the
board
at
its
December
meeting.
H
Additionally,
if
the
city
has
joined
us
within
that,
put
that
with
his
motion
to
continue
the
hearing
for
reasons
related
to
their
own
review,
we'd
ask
that
the
board
grant
this.
This
is
a
major
development
project
and
I
think
it's
really
important
that
the
applicant
and
the
developer
and
a
community
to
give
them
the
fair
opportunity
to
present
their
cases
for
this
board
to
have
the
most
information
at
can
to
make
the
best
decision
possible.
K
A
H
Speak
to
the
standing
issue.
For
my
clients,
your
honor,
the
first
attach
to
our
motion,
continues:
the
affidavit
of
Malvern
Hills
homeowners,
association
to
the
Neighborhood
Association
and
Kate
Millar
cake,
the
large,
the
incoming
president
of
the
Association,
and
also
as
a
resident
of
Melbourne
Hills
Association.
H
They
also
provides
testimony
about
the
use
of
the
greenways
and
along
buts,
the
development
to
the
east,
that's
on
the
city
of
Asheville's
property
and
that
they
use
that
for
swimming
purposes
and
that
their
concerns
with
this
development
relate
to
stormwater
and
other
health
and
safety
issues
related
to
that
stormwater
and
all
of
those
are
considered
special
damages
under
North
Carolina
law.
That,
if
proven,
would
provide
them
with
standing
in
this
case
to
challenge
the
development.
My
client
Carol
Warren
is
the
property
owner
immediately
north
to
the
property.
H
If
it
is
a
budding
across
hominy
Creek
on
Sand
Hills
Road,
she
shares
the
same
flooding,
stormwater
and
erosion
problems.
These
would
be
direct
injuries
to
her
property
under
the
condition
that
has
standing
to
challenge
this
under
the
injury
standard.
Miss
Jolene
Elkins
is
another
client
of
mine
she's
here
today
and
Hirschi.
Her
property
is
immediately
abutting.
The
property
to
the
west
across
South,
Bear,
Creek,
Road
and
her
property
would
be
impacted
again
by
the
traffic
created
from
this
development.
H
I
think
all
of
those
facts,
I'm
happy
to
you-
could
board
with
light
for
that
testimonies.
Testimony
to
be
solicited,
I
can
have
my
clients
come
up
and
provide
that
at
this
point,
but
that
would
be
the
summary
of
the
special
damages
that
we
allege
would
be
sustained
from
this
development
and
establish
the
standard.
H
A
G
Issue
of
the
city
standing
is
somewhat
touched
on
by
ministers
and
we're
already.
The
city
has
a
green
way
to
Delia
cross
from
the
proposed
location.
So
this
has
been
a
somewhat
rare
circumstance
for
the
city
actually
is
a
joining
property
owner
to
a
project
that
is
outside
of
its
jurisdiction.
So
we
are
a
neighboring
property
owner
like
some
of
mr.
Dores
clients,
and
we
have
standing
for
the
very
same
reasons.
I
have
not
submitted
any
affidavits
to
the
board
at
this
point
in
time.
M
M
The
movement
abstain.
We
think
that
it's
the
the
this
first
of
all,
there's
no
monetary
damage
alleged
in
the
emotion
and
the
type
of
special
damages
that
are
alleged
or
damage
that
will
occur
in
the
experience
that
everyone
in
the
neighborhood,
if
their
experience
at
all.
So
we
don't
think
that
they,
both
they
allege
special
damages
in
a
way
that
requires
and
them,
and
so
in
that
reason
we
don't
think
that
the
that
the
standing
had
been
sufficiently
late,
which
I'll
be
glad
to
not
may
the
most.
M
M
J
E
A
N
A
A
A
H
I
H
O
C
H
P
H
And
the
damage
that
would
be
caused
as
a
result
of
it.
These
are
all
special
damages
that
are
like
to
these
clients
that
we
see
today.
We
have
standing
to
be
here
and
again,
as
I
emphasized
before
the
case
law
is
clear
at
this
stage
in
the
hearing,
all
we
have
to
do
is
allege
that
we
have
standing
and
that
we
have
facts
to
support
that.
We
will
eventually,
during
the
hearing,
have
to
prove
to
you
present
evidence
that
shows
those
things
to
be
true.
H
A
And
I
would
like
to
have
a
question
for
counsel
at
a
moment,
but
at
this
stage
let
me
ask
the
applicant,
if
he's
alleging
standing
he's,
stating
that
he
has
special
damages
and
meeting
the,
at
least
from
an
allegation
standpoint,
a
certain
that
has
standing
the
proper
way.
Are
you
seeking
testimony
from
those
witnesses
at
this
time?
Are
you
saying
that
they
couldn't
offer
that,
even
if
they
did
speak.
M
Mr.
chairman,
it's
true
that
they
have
alleged
special
damages,
but
that's
that's
all
they've
done
it.
Not
that
specific,
tell
mr.
doar
just
spokes
on
what
kinds
of
damages
that
we're
going
to
that
they
expected
it
to
it
to
experience,
and
so
we
we.
This
is
a
threshold
question,
but
but
this
board
has
to
respond
to
in
order
for
them
to
participate
as
a
party
that
doesn't
mean
they
can't
that
the
folks
here
can't
speak,
but
if,
if
they
were
found
to
have
standing,
they
get
to
participate
as
parties.
A
That
I
think
that
standing
is
a
threshold
issue
for
us,
but
and
suppose
that
they're
saying
that
they're
prepared
to
prove
that
at
this
time
is
really
going
to
be
giving
them
an
opportunity
to
do
so
from
due
process
standpoint,
you
jur
that
sort
of
you
know
if
they're,
alleging
standing
and
they're
saying
that
they
have
standing
initiate.
We
build
agree
on
that.
Are
you
requesting
that
they
have
the
opportunity
to
prove
that
at
this
time?
K
A
B
In
looking
at
the
zoning
ordinance,
the
30-day
requirement
is
the
requirement
for
which
plans
and
applications
must
be
submitted.
This
is
not
necessarily
the
notification
time.
That's
a
10-day
requirement.
So
that's
when
you
need
to
have
that
application
to
staff
for
review
30
days
prior,
what's
up
30
days
prior
30
days
prior
to
the
to
the
hearing.
L
B
B
This
meeting,
so
the
application
was
received
prior
to
the
previous
meeting,
where
it
was
continued.
We
did
receive
a
couple
of
extra
detailed
plans
that
indicated
in
more
bold
minds
the
extent
of
the
floodway
and
floodplain,
and
things
like
that.
There
were
no
material
or
substantive
changes
as
they
relate
to
the
number
of
units
or
the
square
footage
of
the
commercial
floor
area
of
the
project
itself.
A
And
this
for
the
record
and
the
parties
watching
that
that
is
probably
an
appropriate
consideration
for
the
motion
thing
itself
once
they
passed
the
threshold
issue
of
standing,
which
is
what
I
understand
we're
going
to
address
the
next
video
yeah.
You
have
a
response
or
wish
to
be
heard
on
that
issue
further
before
I
before
I
speak
to
the
other
side.
A
M
H
A
Q
H
Q
So
Malvern
Hills,
usually
when
people
say
that
they're
describing
a
larger
area,
but
the
Malvern
Hills
Neighborhood
Association
described
a
smaller
area
within
that
it's
about
200
homes
and
the
roads
are
Wendover
Road,
Cranford,
Road,
Bear,
Creek
Road
full
road.
So
if
you
look
at
if
you're
looking
at
a
map
would
be
bounded
by.
H
Okay,
if
you
could
face
that
to
me
so
I
can
for
the
record.
You
have
pointed
to
end
over
Avenue.
We
receive
me
when
Dover
Road,
Sand
Hill,
Road,
Bear
Creek,
and
these
are
roads
depicted
on
the
crossroads
at
West
Asheville
conditional
use,
permit
map
provided
as
part
of
the
materials
for
this
meeting
correct,
okay,
so
the
the
corner
of
your
neighborhood
that
last
house
that's
part
of
the
Association.
How
far
is
that
house
from
the
development.
H
H
Q
H
Q
H
Q
Well,
that
intersection
in
particular,
is
already
a
mess.
I've
already
got
situation
where
it's
really
congested.
You
often
wait
there
a
long
time.
You've
got
to
drive
up
to
the
intersection,
and
you
don't
know
what
to
do.
You
have
no
pedestrian
crosswalks.
You
have
people
trying
to
cross
from
our
neighborhood
to
go
to
the
Greenway
or
to
go
walk
and
that
intersection
is
already
terrible.
Q
A
A
H
R
Q
Q
H
Q
H
M
H
H
M
Yes,
miss
Millar
of
the
of
the
you
described
a
number
of
effects
that
are
anticipated
if
this
project
is
built
on
the
on
the
on
the
on
Caney,
Creek,
Omni,
Creek
and
and
the
roads
right
there
in
the
intersection.
Now
are
those
effects
going
to
be
experienced
and
didn't
understand
you
correctly
to
say
that
those
effects
would
be
experienced
by
the
neighborhood?
Yes,
that
includes
no
sidewalks
the
the
potential
for
flooding.
Is
it
that
effect
any
one
particular
property
or
though,
if
they
were
there.
I
M
H
M
S
T
Chair
mr.
chair,
yes,
I
just
for
everyone's
benefit.
If
there
are
people
who
you're
going
to
be
calling
in
this
room,
we
have
folks
stored
up
stairs
in
the
commissioners
chamber
where
communication
with
them.
So
if
we
need
to
call
someone
and
then
take
a
little
time
to
get
them
here,
but
we
can
do
so.
That's.
M
H
T
H
H
H
C
H
J
H
A
H
T
J
H
J
Erosion
and
water
how
the
water
is
going
to
move
the
way
the
property
is
behind
my
house.
Looking
at
the
plans,
it
looks
like
the
water
is
going
to
have
a
very
negative
impact
on
erosion
in
the
water
and
the
pollution
that
will
be
caused
to
hominy
Creek,
which
is
a
recreational
and
very
special
place
to
me
and
my
family
and
our
neighbors.
So
that's
of
concern
the
impact
of
the
light,
the
impact
of
noise,
the
impact
of
traffic.
It
does
not
seem
like
a
thoughtful
or
sustainable
plan
for
that
particular
area.
J
I
M
J
Way,
the
property
is
it's:
it's
not
that
much
land
in
the
way
the
proposal
looked
to
me.
It
looks
like
there
was
going
to
be
a
lot
of
cars,
there's
going
to
be
a
lot
of
parking,
there's
going
to
be
a
lot
of
runoff
and
the
land
goes
down
it
slopes
down,
and
then
there's
a
floodplain
and
in
the
water
all
of
that
water,
how
it's
going
to
move
through
the
land?
It's
of
concern.
J
J
M
J
J
M
P
V
V
V
C
V
Related
specifically
to
my
property,
which
is
I
understand,
the
only
thing
that
you
can
consider
is
the
traffic
it's
already
horrible.
There
I
have
a
picture
on
my
phone
that
I
tried
to
print
out
of
18
cars
two
Fridays
ago
in
line
in
front
of
the
church
trying
to
get
through
that
small
area
on
South
there,
Creek
Road
and
that's
not
unusual
I've,
seen
them
backed
up
all
the
way
to
the
campground
and
the
impact
of
another
1,500
to
2,000
cars
on
two-lane
roads.
H
V
H
V
I
M
V
M
E
M
V
M
J
I
H
D
H
H
Considered
we
would
but
I
don't
want
to
waste
the
board's
time
with
those
I
know
before
we
got
to
those
experts,
though
I
do
have
one
additional
affidavit
from
my
remaining
client.
My
remaining
client
is
is
Jessie
Corpening,
miss
Corpening
is
elderly
and
in
a
sedated,
and
so
she
is
not
able
to
travel
to
this
hearing
or
any
other
appointment
without
a
great
year
as
assistants
excuse.
J
H
Sorry
I
thought
I
I
thought
I
heard.
The
worst
thing
you
could
say
is
someone's
incapacitated
not
be
able
to
hear,
and
then
they
pop
up
in
the
back
of
the
room.
So
but
her
son
has
been
appointed
as
the
power
of
attorney
for
her
and
has
submitted
an
affidavit
that
I'd
like
to
provide
to
the
board
that
talks
about
the
special
damages
that.
T
H
Can't
be
here
that
obviously
impacts
the
ability
of
the
applicant
to
cross-examine
miss
Corpening,
but
this
is
sworn
testimony
and-
and
this
is
a
quasi-judicial
hiria
hearing
and
so
the
rules
of
evidence
do
not
apply
that
would
prohibit
this.
You
may
not
give
it
the
same
way.
You
do
other
testimony,
but
I
feel
that
it
is
important
to
provide
that
to
the
board
at
this
time.
Given.
A
M
I
P
A
You
a
chance
to
redress
that
issue
before
we
go
further.
I
did
have
one
question
based
on
what
you
just
said
for
the
applicants
attorney
based
on
what
he
shared
about
expert
witnesses,
I,
guess,
I'll
kind
of
do
something
informal
here
and
asking
you
do
you
want
and
to
have
those
experts
testify
the
reason
I'm
asking
that
is
because
I
understand
that
there
could
be
some
substantial
prejudice
that
might
result
from
that.
A
A
H
P
E
D
A
Specifically
looking
to
intervene
in
this
specific
portion,
I'm
not
really
sure
what
the
circumstance
would
be
that
just
what
it
would
allow
us
to
hear
anything
from
anyone,
we're
not
ma'am
or
not
we're
not
addressing
that
issue
right
now.
So
I
hear
you
we're
not
even
addressing
the
continuance
at
this
stage
we're
dressing
standing
about
whether
or
not
we
can
even
hear
that
motion
at
this
time.
That's
the
the
threshold
issue
right
now
for
board,
and
once
they
determine
that,
then
we'll
have
argument
as
to
the
motion
itself.
A
Just
so,
everyone
understands
procedurally,
at
the
last
hearing,
the
previous
party,
who's
represented
by
an
attorney,
requested
a
motion
to
continue.
My
understanding
is
the
the
first
threshold
issue
we
have
to
address
here
is
standing
and
there's
an
attorney
representing
a
homeowner's
association
and
several
individuals
who
is
allowed
to
request
the
continuance,
but
we
have
to
address
the
standing
at
you.
First,
applicants
are
presumptively
deemed
to
have
standing
if
they
have
a
lawyer
representing
their
interest
and
they're
a
napkin.
M
M
M
Mr.
chairman,
there
are
some
allegations
in
here
that
I
just
I,
don't
I,
don't
see
the
the
factual
any
kind
of
foundation
or
things
like
the
the
the
exterior
and
parking
lighting
and
I
just
I'm
reading
through
this
affidavit.
That
appears
to
be
the
secondary
effect
that
the
Miss
Corpening
is
concerned
about,
but
I
don't
see
any
foundation
in
the
in
the
affidavit
for
you
to
back
that
up
to.
A
A
Give
both
parties
an
opportunity
to
make
closing
statements
on
the
point
out
each
each
element
of
each
witness
and
the
testimony
provided.
If
you
have
no
objection
to
its
admissibility,
I
will
get
it
before
we
make
a
determination.
I
have
not
seen
it
myself
as
you
hand
that
out
did
you
want
to
call
your
next
witness?
We
can
consider
everything
holistically.
H
Testimony
from
related
to
standing,
those
are
the
four
clients
that
I
represent.
I
did
want
to
respond
briefly
to
the
question
about
the
affidavit
and
and
that
the
response
is
the
the
statements
about
lighting
get
to
exactly
why
my
client
is
concerned.
So
one
of
the
explicit
conditions
for
the
conditional
use
permit
is
impacts
of
glare
on
neighboring
and
surrounding
properties.
T
H
His
mother
resides
and
where
my
client
lives,
and
so
that
is
the
foundation
for
the
special
damages
that
would
be
her
property,
unlike
any
other
property
in
the
surrounding
neighborhood.
That
affidavit
is
based
on
the
information
provided
in
the
application
and
the
site
plans
related
to
topography
and
elevation
of
the
buildings
and
height
of
the
buildings
and
I
think
it's
directly
related
to
those
damages.
H
H
M
M
C
A
D
D
D
G
And
that
that
the
honey
cream
wait
is
that
a
but
how
many
creeks
yes,
and
so
it
is
directly
adjacent
to
the
project
location
and
have
you
been
asked
to
review
the
plans
that
have
been
submitted
by
the
applicant
in
this
matter
and
based
on
those
plans?
Are
you
prepared
today
to
offer
an
opinion
as
to
the
likely
flooding
impacts
on
the
city's
real
property
immediately
adjacent
to
the
project,
and
will
that
opinion
be
that
there
will
be
substantial
physical
harm
to
the
city's
real
property
as
a
result
of
this
project
going
forward?
G
L
G
Have
nothing
forward
further
on
standing,
obviously
we'll
be
going
into
these
assertions
much
in
much
more
detail,
however,
as
mr.
Noor
has
already
recited,
the
allegations
have
been
made
in
the
city
is
prepared
to
substantiate
the
fact
that
there
will
be
a
direct
physical
intrusion
and
harm
to
its
real
property,
located
immediately
adjacent
to
the
project
site.
This
of
course
satisfies
the
the
burden
of
showing
standing,
as
we
will
incur
special
damages
as
a
result
of
the
project
moving
forward.
A
G
D
D
D
K
C
H
H
A
M
A
A
M
A
H
L
H
Clients,
the
Malvern
Hills
neighborhood
association,
miss
Millar
personally,
miss
Warren,
miss
Elkins
and
the
affidavits
all
established
unique
special
damages
related
to
each
of
those
properties
for
the
Association.
It's
related
to
traffic
use
of
the
Greenway
safety
issues
related
to
the
the
use
of
the
excuse
me,
the
hominy
Creek
after
the
proposed
development,
stormwater
and
flooding
from
Miss
Warren
in
particular
her
home
immediately
abuts.
The
proposed
property
is
adjacent,
is
the
long
hominy
Creek
and
she
has
talked
about
her.
H
Her
worries
concerning
flooding
increased
velocity
of
that
flooding
erosion
along
her
property
and
the
water
quality
of
the
Creek.
Those
are
special
damages.
Miss
Elkins
has
testified
about
her
concerns
regarding
traffic.
That
would
impact
her
property,
particularly
because
of
his
proximity
to
the
primary.
H
Way
for
the
development
that
is
separate
and
distinct
from
the
other
properties
along
South,
Bear
Creek
and
the
affidavit
that
was
provided
to
you,
talks
about
the
impact
of
glare
and
lighting
on
the
particular
property
that
is
across
how
many
creeks
to
the
east,
that
is
the
Corpening
property.
The
law
requires
that,
in
order
to
have
standing,
you
meet
a
certain
number
of
criteria.
One
of
them
is
being
able
to
show
special
damages.
All
of
my
clients
have
pest
divided
and
provided
allegations
that
they
would
suffer
special
damages.
G
C
G
City
own
real
property,
immediately
adjacent
to
the
project.
Those
get
us
right
up
to
special
damages.
The
city
has
a
direct
interest
in
this
project
and
therefore
has
standing
to
to
present
further
evidence
to
substantiate
its
projected
evidence
of
flooding,
impacts
to
Israel
property,
immediately
adjacent
to
the
project.
M
C
M
O
M
Is
the
question
its
board
has
to
consider
is
whether
is
whether
these
folks,
who
are
alleging
special
damages,
are
going
to
experience
those
damages
on
their
property
and
their
property
alone
yeah.
But
if
these,
if
these
effects
are
going
to
be
experienced
by
the
broader
community,
then
that's
not
the
kind
of,
but
those
are
not
the
kinds
of
effect
there's
sufficient
to
confer.
M
D
G
M
A
As
to
as
a
preliminary
issue,
I
I
would
share
that
concern
only
because
we
offered
the
opportunity
not
to
have
the
experts
testified,
especial
damages,
because
I
I
believe
that
could
have
an
adverse
impact
on
your
application
from
witnesses
that
would
really
couldn't
and
a
rain
in
their
testimony
with
respect
to
standing.
Should
they
testify
about
the
adverse
effects
themselves,
but
they
do
have
them
and
they'll
proffer
them.
C
M
A
A
O
A
The
special
damages
are
gonna,
be
proven
by
their
experts
and
having
a
rebuttal
testimony
on
that.
It
doesn't
really
go
to
the
standing
issue
at
all.
That
goes
through
substance
that
will
address
down
the
road
which
I'm
fine
with
but
I
guess
I
can
direct
the
board
and
say
no
one
is
to
consider
any
evidence
presented
from
the
following
witness
on
to
any
issue
other
than
whether
or
not
they're
special
damages
with
respect
to
the
elements
of
standing,
and
that
would
be
my
board
if.
H
If
I
may,
mr.
chair
I
think
this
all
goes
to
what's
the
standard,
and
this
is
an
allegation
of
special
damages,
that's
what
has
to
be
made.
The
allegations
have
been
made
now
the
applicant
doesn't
agree
with
those
allegations.
He
says
that
they're
speculative
fee
does
not
believe
what
we
are
saying,
but
that
gets
to
the
hearing
and
not
to
whether
we
are
the
right
people
to
be
standing
up
and
saying:
hey
I'd
like
to
be
heard
so
I
think
we've.
C
H
A
I'm
not
trying
to
parse
that
out
for
you,
but
I,
think
both
sides
are
arguing
a
legal
issue
and
I
think
I'd
like
to
take
a
five-minute
recess
to
look
into
that.
If
that's
acceptable
to
both
parties-
and
we
can
come
back
and
have
a
actual
definition
and
conclusively
decide
this
issue,
so
everyone
can
make
a
decision
one
way
or
the
other
is
that
fair?
Thank.
H
I
I
H
I
I
A
All
right
just
to
remind
everyone,
we
have
I
just
found
out
the
number
about
a
hundred
people
upstairs
watching
via
the
Internet.
So
if
everyone
can
speak
loudly
and
clearly
into
the
microphone,
so
everyone
can
hear
we'll
go
ahead
and
start
resolving
we're
not
going
for
the
record
for
longest
meeting,
but
I
think
we
might
get
there.
Incidentally,
we
have
council
go
ahead
and
briefly
offer
their
for
the
the
legal
opinion
solely
on
one
issue,
kind
of
the
wording
of
what
we're
looking
for
and
then
we
can
proceed
from
there.
O
S
P
A
To
our
own
potential
detriment,
I
will
hear
from
both
sides.
Briefly,
please
solely
on
this
last
issue.
If
you
can
wrap
up
your
arguments
into
a
very
quick
assessment
on
standing,
give
us
a
quick
summary
if
you'd
like
to
in
response
to
council
decision
and
then
I'm
going
to
instruct
the
board
as
to
a
decision
to
be
made.
So
we
can
all
have
some
resolution
on
this
issue.
I
think.
H
Mr.
faroush
said
it
well
when
he
said
the
key
is
a
Ledge
here.
This
is
what
gets
us
through
the
door
once
we
get
through
the
door,
we
didn't
have
to
prove
these
things,
so
we
have
alleged
special
damages.
We
have
alleged
them
in
the
form
of
traffic
impacts
and
impact
on
surrounding
properties.
We
have
alleged
them
in
flooding,
erosion
and
water
quality
for
properties
that
are
immediately
adjacent
to
the
develop
property
along
hominy
Creek.
We've
shown.
G
Mr.
chair,
the
city's
position
is
more
narrow
than
that.
However,
there's
some
overlap.
We
have
alleged
that
we
have
property
immediately
adjacent
to
the
proposed
site
that
there
will
be
flooding
impacts
on
our
real
property
as
a
result
of
the
project
going
forward
and
therefore
will
suffer
injury
to
that
injury.
To
that
real
property.
Further
point
out
that
the
nature
of
the
city's
property,
a
Greenway
is,
is
unique
and
distinct
from
the
other
types
of
harm
suffered
to
other
members
of
the
community.
G
That's
the
sole
Greenway
in
this
area
and
it's
the
sole
one
that
will
suffer
harm
as
a
result
of
this
project
going
forward,
which
is
sufficiently
stated,
the
issue
for
for
damages
and
I'll
there's
any
further
need
of
reviewing
case
I'd
further
direct
you
all
to
the
case
of
a
lien
associates
the
Wilmington
Board
of
Adjustment.
Talking
about
how
the
allegation
of
proximity
coupled
with
harm
is,
what
gets
you
to
standing
I?
Think
that's
pretty
clear
here.
A
M
M
Been
alleged
is
our
effects
will
be
experienced
not
just
by
single
properties
but
by
my
properties
throughout
the
area
if
they
even
occur,
and
then
there's
and
there's
no
there's,
no
proof
that
that
will
happen.
So
it's
our
position
that
they
are
they
have
not.
Although
they've
alleged
special
damages
the
special
damages,
they
believe,
don't
you
really
don't
qualify
a
special
damages
because
they'll
be
experienced
not
just
by
one
poverty,
all
properties
in.
C
M
C
A
A
What's
all
they've
said
it
that
your
issue
is
over
the
word
special
damages
now
and
that
book
indicates,
along
with
case
law,
that
some
of
us
have
read
and
seen
before.
That
special
damages
is
a
question
of
fact,
I.
Think
if
we're
at
an
allegation
stage,
my
leaning
is
to
find
that
there
are
special
damages
short
of
them,
putting
forth
an
expert
in
proving
it
right.
Now
we
have
a
proximity
concern.
We
have
a
lot
of
considerations
there.
I
don't
mean
to
control
where
the
board
goes.
A
Everyone
should
please
feel
free
to
express
their
own
opinion.
I,
don't
know
high
how
high
our
hurdle.
We
would
make
people
jump
at
this
stage
in
alleging
and
then
saying
much
more
than
they
have
in
terms
of
three.
Even
if
we
ignore
the
affidavit,
the
three
witnesses
have
each
to
ledge
some
form
of
special
damage.
The
weight
to
be
put
on
that
during
the.
C
A
A
N
N
U
E
A
F
N
L
A
K
I
A
H
A
H
P
L
H
H
L
A
A
A
All
right
would
you
like
to
be
heard
as
the
motion
or
you
have
any
other
preliminary
matters
that
we
need
to
address
prior
to
hearing
the
thing
that
we're
here
for
today.
A
If
the
lawyers
are
gonna
talk,
I
will
say
a
hard
five
minutes.
We
are
going
to
start
what
people
are
here
or
not.
This
is
an
actual
five
minutes
this
time.
Another
last
one
was
a
little
bit
of
a
stretch,
but
let's
give
the
lawyers
five
minutes
to
talk
and
we
can
get
into
the
substance
and
make
determination
to
all
the
folks
here
can
decide
whether
or
not
it's
just
the
crowd
and
see
a
motion
to
continue.
I
I
I
A
Just
so,
everyone
knows
this
time
we
are
now
that
we've
established
standing.
This
is
to
determine
whether
or
not
the
parties
who
are
in
front
of
us
as
the
attorneys
even
have
a
right
to
you,
make
a
motion.
Continue.
We've
passed
that
threshold
issue,
so
at
this
time
we'll
be
hearing
arguments
on
whether
or
not
the
case
should
be
continued
at
this
time
again,
the
moving
party
start,
you
can
stand
said.
Are
you
trying
to
stand.
H
H
30
days
before
that,
the
application
be
submitted
before
the
hearing
10
days
notice
to
the
community
10
days.
In
this
situation,
the
application
was
submitted.
The
applicant
came
in
and
asked
for
a
continuance.
They
needed
to
make
some
changes
after
they
got
that
continuance
from
this
board.
They
submitted
revised
on
the
board's
website.
It
indicates
that
the
application
is
revised.
H
The
site
plan
is
revised,
the
traffic
assessment
is
revised
and
there's
additional
documentation
from
d-o-t
that
was
provided
at
the
end
of
October,
beginning
of
November
I
think
may
have
got
up
around
that
time,
but
10
days,
you've
already
decided
that
my
clients
were
the
right
people
to
come
through
the
door.
We're
asking
for
enough
time
to
be
able
to
present
all
the
evidence
we
need
to
to
show
our
case
now.
I
H
Experts
at
present
that
can
testify
to
a
lot
of
the
things
that
we
talked
about
earlier,
but
in
10
days
think
about
your
own
professional
careers.
How
many
of
you
would
be
able
on
a
phone
call
in
10
days,
be
able
to
commit
review
and
analysis,
a
TI,
a
a
site
plan,
an
application
and
be
able
to
offer
expert
testimony,
which
is
what
we
have
to
present
in
this
case
within.
H
We
have
been
trying
to
secure
an
architect
to
work
with
us
on
glare
issues.
We
have
been
trying
to
secure
a
traffic
engineer.
We
have
had
to
go
outside
the
city
of
Asheville
to
try
and
find
an
expert
to
do
that,
because
the
firms
within
the
town
have
conflicted
out.
We
need
additional
time
to
shore
up
those
issues.
Are
we
going
to
be
ready
to
go
today?
If
you
say
yes,
but
not
with
all
of
the
information
that
we
need
in
order
to
fully
present
our
case?
It's
a
fairness
issues
issue.
H
This
developer
has
had
months
to
prepare
the
application
they
put
in
front
of
this
board.
We're
just
asking
for
I
think
at
this
point
less
than
another
30
days.
Your
next
meeting
is
December
11
with
that
is
something,
as
mentioned
by
mr.
Pennington,
about
kind
of
the
scope
of
the
revisions.
Well,
in.
H
In
the
CIA
and
on
the
site
plan
they
scrapped
all
of
the
short-term
rentals.
They
changed
the
square
footage
on
the
storage
space.
They
changed,
the
retail
storage,
all
of
that
goes
to
impacts
on
traffic.
All
of
that
goes
to
impacts
on
the
location
of
buildings,
which
would
go
to
an
environmental
assessment
related
to
flooding,
storm
water
and
other
issues
like
that.
H
So
this
was
not
I
think,
maybe
in
the
scope
of
things
that
felt
like
it
was
a
minor
change,
but
these
are
changes
that
change
how
we
have
to
present
the
evidence
in
response
to
this
application,
and
we
need
additional
time
to
do
that.
Lastly,
and
I
know
that
the
board,
the
board
did
not
move
one
way
or
the
other
related
to
miss.
Corpening
I
mentioned
this
for
10
days
notice.
When
you
are
someone
with
disability
with
a
disability,
you
don't
have,
and
you
may
not
live
at
the
property
that
she
owned.
H
You
getting
10
days
notice,
isn't
a
lot
of
time
for
you
to
be
able
to
put
together
all
the
things
you
need
in
order
to
show
up
to
one
of
these
hearings
and
adequately
represent
your
own
interests
and
miss
Corpening
was
not
able
to
do
that
on
such
a
short
period
of
time,
and
it
has
to
rely
on
her
children
who
live
in
loved
locations
to
represent
her
interests
now,
I
think
what
that
again
goes
to
is
fairness.
This
is
a
huge
project.
H
It
is
a
if
not
the
largest
one
of
the
largest
that
would
be
in
the
Asheville
area.
That's
come
before
this
board
or
any
board
in
the
community.
In
recent
history,
we
are
asking
that
everyone
be
provided
with
the
amount
of
time
they
need
to
be
heard.
So
this
board
has
the
best
information
in
front
of
it
in
making
a
decision
that
includes
the
d-o-t
analysis.
That
is
not
complete.
H
A
That's
very
little
time
in
a
legal
context,
positive
neutral
context,
I
hear
you
what
what
about
the
change
in
the
application
specifically
so
I
can
understand
what
your
what
you're
saying
substantially
prejudices
you,
because
that
that's
one
of
things
we're
considering
here,
is
how
much
you'll
be
prejudiced
by
this:
the
removal
of
short-term
rentals,
some
of
the
other
things
that
you
mentioned
there.
What
prejudice
is
you
that?
Because
you
knew
it's
continued
more
than
ten
days
ahead
of
time
right,
you
knew
this
was
continued
from
our
last
setting,
because
you're
present
for
that
I
was.
A
H
Of
the
pieces
of
information
that
we
plan
on
having
that
we
could
not
have
today
was
an
analysis
related
to
lighting
glare,
that
we
were
retaining
an
expert
to
give
us
an
opinion
on,
and
that
would
impact
those
residents
are
along
the
cross,
hominy
Creek
along
the
Shelburne
Road
area,
and
that's
the
topography
issue
with
how
the
buildings
are
placed
in
relationship
to
how
that
lighting
will
transfer
across
the
creek
onto
those
properties.
That's
the
first.
The
second
is
the
traffic.
When
you
take
and
I
think
it
was
forgive
me
might
be.
47
units.
H
42,
vacation
rental
units
or
apartment
units
are
taken
off
of
the
plans,
as
well
as
a
reduction
in
the
size
of
the
self
storage
space,
as
well
as
the
office
space
that
changes
all
of
the
calculations
related
to
the
traffic
assessment.
Now
you
have
different
amounts
of
folks
that
are
coming
in
and
out
in
the
morning
for
different
uses.
Now
that
the
applicant
had
the
opportunity
to
have
its.
H
Make
those
updates
and
submit
a
revised
plan,
we're
saying
we
need
that
opportunity
to
look
at
this
revised
plan
that
we've
only
had
for
a
short
period
of
time
to
make
our
response
to
that,
and
so
I
think
those
are
the
two
two
big
areas.
I
would
also
note
that
those
are
the
two
big
areas.
I
think
there
are
other
areas
that
have
evolved
just
when
you
have
more
than
10
days
to
look
at
something.
I
mean
it's
just
an
incredibly
short
period
of
time.
H
I
also
say
that
in
in
addressing
the
10-day
period,
where,
in
some
cases
where
there's
not
a
lot
of
opposition,
ten
days
may
be
all
you
need
you
come
in
developer.
Has
their
project
no
one's
there
to
oppose
it.
Everybody
got
their
notice.
You
make
your
decision
I.
Think
in
cases
like
this,
where
there
is
so
much
community
interest,
giving
the
amount
of
time
necessary
to
make
the
right
decision
is,
promotes
fairness
and
it
also
instills
trust
in
the
community.
In
the
decision
that's
reached
no
matter
what
decision
that
is.
A
A
B
Should
also
be
noted
that
our
application
process,
similar
to
other
jurisdictions,
allows
for
essentially
a
plan.
That's
not
fully
two
standards
that
would
require
outdoor
permitting,
but
it
does
give
you
enough
to
see
where
footprints
are
located
circulation
patterns
and
things
of
that
nature,
with
the
understanding
that,
if
any
projects
approved,
it
will
have
to
undergo
a
rigorous
hermanita
process.
Be
that
full
building
plans
that
I've
reviewed
by
the
various
departments
and
things
of
that
nature.
C
P
T
T
We
actually
received
the
application
by
email,
so
we're
able
to
update
everything
quickly,
but
the
the
the
official
date
of
public
notification,
I
would
say
in
terms
of
when
things
began
being
posted
on
the
website
going
into
the
mail
being
posted
on
the
property.
It
was
10:30
and
11:00
1:00.
So
that's
roughly.
T
Okay,
all
right
in
terms
of
changes
to
plants
if
you'll
stand
by
I'm
having
to
navigate
between
different
documents.
Here,
the
original
application
included
68
acres,
40
acres
of
disturb
Mary
had
802
residential
units,
fourteen
thousand
four
hundred
square
feet
of
retail
space.
Fifty
thousand
four
hundred
square
feet
of
office,
space
and
64,000
square
feet
of
self
storage.
I
A
Right
can
I
I
just
want
to
address
something
very
briefly,
because
in
fairness
to
everybody
involved
and
offering
legitimacy
to
whatever
is
decision
we
do
reach
holding
up
signs
is
on
either
side.
It's
going
to
put
us
in
a
position
where
we're
considering
things
that
should
not
be
in
the
record,
so
I'm
just
gonna
request
that
I
don't
think
that
either
side
would
disagree
with
that
statement
and
actually
finds
that
prejudices
both
parties
applications
in
their
position.
So
please
refrain
from
doing
that.
As
best
you
can
I
understand.
A
T
T
T
Y
Rest,
mr.
chairman,
thank
you
very
much.
Members
of
the
Board
of
Adjustment
I,
think
mister
knew
were
echoes.
My
my
sentiments
when
he
said
this
is
a
matter
of
fairness.
Our
client
came
to
Asheville
to
about
a
year
ago.
They
started
working
on
this
application.
They've
met
with
well
over
50
different
groups
met
continuously
with
the
DoD
with
the
county.
Y
They
submitted
their
application
on
leave.
It
was
September
September
9th,
which
was
timely,
County
accepted
it.
The
first
hearing
was
set
for
October,
11th
I,
believe
right
in
there
and
at
that
time.
During
that
time,
my
clients
were
going
out
of
their
way
to
take
public
input
from
from
neighbors
from
the
DOP
from
the
city.
X
Y
D
Y
A
Y
Y
We
had
some
things
that
we
wanted
to
change.
It
would
lessen
the
impacts
of
this
project
and
really,
as
far
as
I,
can
determine
and
I'll
wait
for
Josh
to
come
up
with
it.
But
there
were
two
two
basic
things
we
did.
A
new
site
plan
was
was
submitted
and
all
it
did
was
changed
the
coloring
of
the
floodplains
to
make
to
delineate
the
floodplains
better
than
the
first
site
plan,
and
if
I
need
Chris
today
to
come
up
and
speak
to
that
I
will.
That
was
the
only
change
in
that
the
other
thing.
Y
That
was
a
change
which
that
which
I
don't
think
anybody
in
this
room
would
say
that
that
signalization
causes
more
of
a
problem
than
before
I
think
it.
It
clearly
lessens
the
impact
of
the
project
there.
The
reduction
of
the
rental
units
or
the
removal
of
the
rental
units
I
think
I.
Think
that
took
place
in
the
in
the
draft
conditions.
Y
But
my
client
has
agreed
to
do
that.
So
I
know
that
they're
saying
well.
They
need
their
their
experts
here
to
to
determine
all
this,
but
but
really
that
could
have
started
back
on
September
9
and
the
two
changes
that
were
made.
The
two
basic
changes
that
were
made
can
do
nothing
but
but
lessen
the
impacts
on
the
community
and-
and
if
we
could
ever
get
to
this
hearing
on
the
merits
of
this,
we
would
show
you
exactly
how
much
that
signalization
could
help
the
traffic
flow
over
and
above
our
project.
Y
Y
T
I
T
C
I
T
T
L
Y
H
A
R
Yes,
Chris
day
with
civil
design
concepts.
What
I'll
add
there
is
that,
through
the
community
meetings
and
conversations
with
VOT
you
with
county
staff
with
members
of
the
community,
the
programming
did
change.
The
traffic
studies
take
a
lot
of
time
to
process
and,
as
you
know,
they're
they're
very
large.
So
what
we've
done
in
the
latest
traffic
study,
while
the
numbers
don't
reflect
the
exact
programming?
The
traffic
study
was
run
on
one
program
and
then
there
is
a
statement
in
the
traffic
study
and
the
traffic
engineer
here
to
discuss
that.
R
A
R
R
They
generated
more
traffic
than
what
the
end-use
programming
was,
and
so
at
that
point
we
said
that
the
traffic
study
was
a
more
conservative
approach
to
the
actual
programming
that
we
were
asking
for
approval
and
continued
in
that
fashion
and
the
traffic
engineers
here.
If
there's
more
detailed
questions
about
that
process,.
C
C
C
C
So
the
mitigation,
the
traffic
signals,
the
the
turn
lanes
in
and
out
of
the
project
were
based
on
a
higher
rate
of
traffic
and
the
results
we
get
the
amount
of
delay
the
decreases
in
delays
are
based
on
that
higher
level
of
traffic
than
what
is
currently
planned
today.
So
we
left
that
as
a
more
conservative
with
the
idea
that
we've
mitigated
that
and
less
traffic
will
be
even
better,
so
we
didn't
go
through
the
hours
and
hours
of
rewriting
the
whole
study.
Based
on
that,
that's
any
questions.
Anything
I
can
elaborate
on.
A
H
A
Me
find
out
if
it's
okay
with
you
just
do
all
their
witnesses
and
then
we
can
rebut
accordingly
and
you'll
always
have
the
right
to
cross
them.
If
you
express
that
I'm
gonna
give
you
that
opportunity
for
each
of
those,
if
you
don't
want
to
we'll
see
if
the
next
one
you'll
have
a
chance
for
a
buddy,
City
I.
Y
Don't
think
we
have
any
other
witnesses.
I
just
want
to
reiterate
that
the
few
amendments
that
were
made
between
last
October
13th
and
today
all
went
to
mitigating
the
impact
of
the
project
on
the
community
that
includes
the
signalization
and
and
pedestrian
crossings
at
the
big
intersection
it
includes
they
they
recolored
some
of
the
floodplains.
You
say
that
could
be
a
little
bit
seeing
a
little
bit
better
and
the
vacation
rentals
that
we
got
in
our
meetings
with
the
public.
Y
Y
H
Happy
and
I
will
try
to
be
brief.
Mr.
chair
I'll
start
with
a
mr.
Bisset
statement
about
this
being
a
quality
project.
If
this
is
a
quality
project,
it's
going
to
be
a
quality
project
on
December
11th.
So
that's
not
a
reason
to
have
this
hearing
today
it
going
back
to
the
changes
that
have
been
made.
He
identified
signalization
of
intersections
addition
of
crosswalks.
H
It
wasn't
just
a
reduction
in
some
of
the
units
that
were
part
of
the
plan,
but
and
I'm
reading
from
page
one
of
the
traffic
traffic
analysis
that
in
the
original
proposal
there
were
601
mid-rise
the
units
and
in
the
revise
there
are
650
five.
So
there
was
an
increase
in
the
multifamily
units
in
that
case,
and
the
reason
why
that
matters
is
that
these
different
uses
have
different
expected
traffic
impacts.
H
The
amount
of
traffic
generated
by
a
commercial
use
is
different
from
a
storage
unit,
use
which
is
different
from
someone's
house
and
so
having
all
of
this
information
and
having
it
be.
Accurate
is
necessary
for
us
and
for
our
experts
to
provide
an
accurate
response.
The
other
thing
that
we
heard
from
their
witnesses
was
that
changes
were
made
and
the
report
wasn't
updated.
Essentially,
they
said
well,
we
just
thought
we'd
use
the
more
conservative
approach.
We
we
figured
we've
reduced
some
things
over
here
we
got
rid
of
the
short
term
rentals.
H
We
reduce
the
size
of
buildings.
Our
first
report
must
be
conservative
to
cover
all
this,
so
essentially
their
report
doesn't
match
up
with
the
project
that
they're
proposing.
All
of
this
is
why
my
clients
need
to
have
the
time
to
have
an
independent
assessment
performed
to
provide
that
information
to
this
board
before
it
makes
its
decision
and
give
VOT
a
chance
to
do
the
same
thing.
So
we're
asking
for
a
short
extension.
It's
not
even
30
days.
H
H
H
H
F
H
N
Y
N
Y
That
statement,
because
the
the
the
issues
with
traffic
are
only
decreased,
the
current
programming
they're
they're
not
increased
and
that
the
the
mention
of
the
601
to
655
that
was
just
moving
the
vacation
rentals
to
the
normal
apartments.
I
think
anybody
will
tell
you
that
you're
going
to
get
less
traffic,
I'm,
no
expert,
of
course,
I'm
a
dime
business,
Ament
you're
gonna
get
less
traffic
from
a
normal
apartment
than
you
are
from
a
vacation
rental.
So
that's
going
to
be
decreased
and.
F
Y
I
Y
M
N
I
C
E
A
Okay,
if
I'm
respectfully,
we
haven't
made
a
decision,
we
haven't
even
gotten
to
a
phase
where
anyone
knows
what
we
think
at
this
time.
If
I
can't
hear
what
people
are
saying,
we're
gonna
have
to
take
a
recess.
Just
so
I
can
take
a
minute
to
be
able
to
hear
and
fairly
consider
both
parties
positions.
Please,
please,
please
let
the
process
run
its
course.
A
Y
F
A
I
I
L
I
L
M
C
L
C
L
C
L
L
E
E
E
E
F
Well,
I
actually
read
and
study
over
the
traffic
studies
and
those
plans
I
as
much
as
it's
given
to
me.
I
consult
that
and
I
think
I
do
appreciate
what
you
said
about
how
that's
generally.
This
are
mostly
that
but
I
think
we
should
have
the
specifics
and
should
it's
a
change.
We
should
get
the
change
because
we
are
use
that
study
up
on
the
thing.
I
would
feel
more
comfortable
going
directly
to
the
hearing.
If
I
had
traffic
study
was
revised
to
show
whatever
had
been
changed.
C
H
L
H
For
our
expert
to
look
at
it
and
come
and
give
you
a
pinion
on
that
too,
and
the
report
should
be
right,
that's
what
y'all
are
making
a
decision
on
it.
You
got
conditions
to
meet
and
you
need
to
look
at
the
evidence.
I
need
to
make
the
best
decision
you
can,
and
you
can
only
do
that
when
the
informations
right.
So
let's
get
it
right.
Let's
give
the.
H
O
B
It's
greater
than
75
units,
that's
not
a
commercial
floor
area
threshold,
that's
a
unit
threshold
so
that
parts
done.
However,
you
need
to
hear
from
the
d-o-t
as
to
their
methodology,
that's
sort
of
a
three-step
process,
so
it
might
be
appropriate.
So
you
understand
where
they
are
in
their
next
steps
as
they
correlate
with
the
decisions
you
may
be
weighing
right
now,
I.
H
O
O
The
division
maintenance
engineer
currently
our
district
engineer,
who
ultimately
signs
driveway
permits
his
own
paternity
leave,
so
I'm
standing
in
for
him
today,
so
we
have
received
the
taa
as
far
as
you
know,
with
this
with
this
development
in
a
process
for
the
department
we
meet
with
the
developer,
we
determine
the
scope
of
the
TA.
What
intersections
will
be
reviewed?
O
N
A
H
O
H
O
H
A
B
K
B
C
I
A
I
A
Want
to
say
to
both
parties
prior
to
anything,
you
say
going
forward
and
I'm
not
going
to
stop
you
from
speaking
by
any
means.
I'm,
a
big
proponent
of
attorneys
being
will
argue
what
they
want
because
I
do
it
the
other
four
days
a
week
when
I'm,
not
here
and
yeah
with
you
guys,
but
to
the
extent
that
we
are
the
Board
of
Adjustment
and
you
both
know
what
we
do
regularly
we're
not
in
charge
of
the
engineers
we're
not
in
charge
of
it
and
I'm.
Gonna
be
candid
with
you.
This
is
traffic.
A
Every
person
on
this
board
can
tell.
You
has
been
a
huge
concern
for
every
single
project
that
we've
looked
at,
but
in
the
grand
scheme
of
what
we
can
and
can't
consider
following
the
ordinance-
and
you
all
are
very
familiar
with
it.
It
cannot
be
and
often
is
not
be
pivotal
determination
for
us
in
approving
these
projects.
The
ordinance
is
much
more
complex
than
solely
a
traffic
study.
A
So
if
that's
the
only
portion
of
it
that
were
arguing
over
I'd
like
to
have
a
little
bit
more
expansive
discussion,
because
this
is
not
uncommon
at
all
and
you've
presented
here,
you've
presented
here
plenty
of
times
both
of
you
are
very
experienced,
attorneys.
There's
nothing
unusual
about
this.
The
d-o-t
might
have
something
else
happened.
They
will
be
pushing
this
out
to
February
waiting
on
experts
from
both
sides
to
approve
look
at
things,
not
a
and
I
hear
that
I'm
not
saying
that
I'm
taking
position
on
one
way.
H
Think
that's
very
fair
and
I'll
be
brief
in
my
response
to
that
is
in
certain
circles.
In
a
lot
of
cases,
traffic
may
not
be
the
impacting
factor,
but
the
conditions,
one
of
the
conditions
that
you
have
for
deciding
this
permit
is
a
condition
that
the
project
not
be
injurious
to.
Neighboring
properties
traffic
can
cause
that
injury
may
not
in
every
case,
but
it
can-
and
that
is
one
of
the
explicit
provisions
in
the
conditional
use
standard
to
decide
and
in
this
case,
I'll
use
an
example
of
d-o-t
where
to
come
and
complete
its
review.
H
Well
back
up.
One
d-o-t
was
asked
to
come
today
is
that
correct
and
I
think
that
was
by
the
county
planning
staff,
because
they
thought
d-o-t
might
have
something
substitute
to
contribute
to
this
discussion.
So
if
they
were
asked
to
come
today
because
their
opinion
would
matter
in
your
decision-making
process,
I
think
we
need
to
let
them
finish
forming
their
opinion,
but.
A
A
A
D-O-T
process
could
take,
they
might
not
start
building
this
thing
for
another
six
months
and
not
be
done
with
you
with
them,
for
god
knows
when,
after
that,
so
I
hear
you
I'm
saying,
take
me
to
the
next
step
in
terms
of
what
what
else
we're
considering
beyond
solely
the
d-o-t
concern.
There's
that's
the
only
thing
that
we
have
and
that's
a
process
issue
and
you're,
not
gonna,
get
any
disagreement
for
anyone
that
on
this
board,
that
government
can
be
an
efficient.
That's
well.
H
And
do
tea
is
one
part
of
this,
but,
as
I
said
earlier,
we
are
entitled
to
the
opportunity
to
present
our
evidence
in
response
to
this
application,
and
that
means
having
the
opportunity
to
have
our
expert
come
and
put
forward.
Their
response
to
what's
been
proposed
and
traffic
is
a
component
of
this
and
it
has
the
ability
and,
in
our
opinion,
will.
H
Impact
the
value
of
neighboring
properties,
some
of
which
are
owned
by
my
clients
and
so
having
that
opportunity,
and
the
continuance
context
is
exactly
what
we're
asking
for
that
is
independent
of
vo
T's
review.
Now
we
think
their
review
is
important
and
impactful
on
this
project
and
if
they
were
to
recommend
additional
mitigation
strategies
that
would
change
the.
H
We
don't
know
whether
that's
gonna
happen
until
they
complete
review.
We've
also
not
asked
that
this
be
continued
beyond
do
T's
review.
That's
not
what
we've
asked
for
today.
What
we
asked
for
is
give
us
until
your
next
meeting,
to
have
our
opportunity
to
get
the
expert
we
need
in
here,
independent
of
via
to
review
and
and
we're
not
planning
on
coming
in
and
next
month.
Saying:
okay,
let's
have
another
continuance.
Let's
have
another
continuance
with
seven
other
continuance.
Y
I
would
just
say
that
the
process
that's
taking
place
in
this
application
in
my
experience
is
the
one
has
taken
place
in
as
far
as
I
know,
every
application
I
don't
know,
I'll
ask
planning
director
Pennington
how
many
of
these
application
hearings
have
you
gone
through
where
you
were
where
the
developer
was
required
to
wait
to
get
the
final
approval
from
the
DOP
I?
Don't
I,
don't
think
I
don't
know
of
any.
H
Visits
response
that
they
have
a
signed,
scoping
request,
I
think
that
kind
of
goes
back
to
the
points
that
were
made
about
this
document.
If
you
look
in
appendix
G
to
this
ti
a
the
traffic
impact
analysis,
screening
and
scoping
request,
there
is
no
signature
from
the
NCDOT
representative
in
the
version
that
was
submitted
to
you
so
until
we
got
here
to
show
to
suggest
that
the
scoping
has
been
agreed
on.
It's.
T
H
D
H
U
N
B
B
That
have
come
back
where
there's
been
the
addition
of
a
building
deletion
of
a
building.
A
change
to
the
layout
staff
is
very
limited
as
to
what
we
can
approve
and
typically
what
you
find
in
ordinances
across
the
United.
States
is
a
language
that
might
speak
to
like
10%
or
a
de
minimis
change,
but
you've
often
seen
changes
that
come
back
to
the
board
for
real-world
conditions
that
pop
up
when
you
get
into
the
trenches
with
with
permitting
or
having
to
change
things
around
construction.
Yes,
I.
F
N
Your
convenience
I'm
surprised
the
continuous.
We
have
a
lot
of
people
and
they
may
not
have
been
included
in
the
hearings,
but
they
need
to
talk
with
an
attorney
their
attorney
to
see
if
they
have
all
the
facts
before
it
comes
back
to
us.
So
therefore,
I
knew
the
Board
of
Adjustment
to
continue
this
meeting
until
the
December
meeting,
or
can.
A
I'm
getting
a
feel
for
where
the
boards
at
I'm
not
going
to
do
anything
to
change
that
I
would
say.
Regardless
of
what
decision
we
make.
If
a
continuance
is
on
the
table,
then
kind
of
as
the
court
parties
are
familiar
with
marking
it
last.
This
is
to
be
completely
fair.
The
d-o-t
may
take
forever
and
a
half
I,
don't
have
any
strong
objection.
Continuing
it,
but
I
will
say
the
number
of
people
in
this
room
in
the
number
who
are
not
in
this
room
is
showing
a
legitimate
community
interest,
one
way
or
the
other.
A
Would
be
that
we
hear
it
on
that
date,
certain
and
everybody
has
everything
ready
to
go,
which
party
you
here
this
time
next
time
two
of
your
witnesses
might
be
unavailable
next
time
and
that's
a
substantial
impediment
to
everybody
involved.
I,
don't
particularly
care
one
way,
the
other
about
money
being
involved.
One
way,
but
I
do
think
this
readies
elements
of
both
sides
when
there's
not
a
date
certain
on
on
any
kind
of
court
matter,
because
everyone's
rights
are
affected
here,
developers
and
community
members.
N
Y
Got
I
mean
you
know
if
I
don't
know
how
many
days
it
is
between
now
and
your
December
meeting
if
we
get
our
final,
whatever
we're
supposed
to
have
numbers
in
three
days
from
now,
I
don't
know
mr.
nor
coming
back
and
saying
well,
you
know
we
hadn't
had
that
for
30
days,
so
we
need
to
go
to
January.
I
want.
U
C
C
C
B
U
T
A
A
N
A
Favor
all
right,
just
a
heads
up
to
all
parties,
regardless
of
what's
going
on
we're
not
going
to
continue
this.
It's
not
fair
to
the
community.
There
are
lots
of
people
here
to
speak,
I,
don't
know
what
they're
going
to
say.
I
have
a
pretty
good
idea
for
how
much
yelling
there
is,
but
I
don't
think
it
doesn't
need
the
process
when
we
we
have
people
shouting
out
people
bringing
posters.
So
if
I
can
request
to
whatever
it's
done,
people
are
watching
right
now
and
whatever
extent
you
guys
have
control
over
that.
A
Please
let
them
know
that
you
process
fairness
and
a
sit-in
that
sticks
and
isn't
gonna
get
appeal
to
the
court
of
appeals
or
whatever
down
the
road.
Your
speed
record
of
any
court
of
appeals,
she's
kind
of
predicated
on
the
idea
of
both
sides
having
a
fair
opportunity
and
I,
think
that
that's
best
accomplished
by
having
a
hearing
next
setting
everyone
have
all
their
experts,
hear
everything
ready
to
go.
We're
gonna
make
it
decision
one
way,
the
other
and
would
encourage
everybody
just
to
be
prepared
in
that
day.
Mr.
Y
Chairman
can
I
ask
one
thing:
could
could
you
ask
or
direct
the
OP
mr.
Noor
and
the
city
attorney
since
they
get
to
see
all
of
our
reports?
I
would
I
think
it
would
only
be
fair
if
when
they
get
their
traffic
report
or
their
lighting
report
or
whatever
they
get,
but
they
be
required
to
submit
those
to
us
for
our
review
before
the
hearing
otherwise
gets
sprung
on
us
the
day
before
and
that's
not
the
situation
in
our
case
because
they've
had
it
for
a
long
time.
A
One
party's
not
seeing
the
other
side's
expert
report
ahead
of
time
that
puts
someone
in
significant
disadvantage
of
cross-examination
and
otherwise
and
leaves
you
without
real
opportunity
to
have
discussion
other
than
that's
just
having
two
experts
get
up
there
and
battle
so
for
whatever
that
statement
is
worth
I
can't
order
you
to
share
it.
I
think
it
would
be
advisable.
I,
don't
really
see
how
it
would
hurt
anything
on
your
side
anyway.
We.
H
A
Yes,
all
of
you
probably
know
who
we
are
a
lot
better.
My
name
is
right
here
for
the
sake
of
the
process
and
not
just
qualifying
members
who
might
otherwise
make
a
decision
that
will
help
or
apply
the
ordinary
most
fair
way.
Please
do
not
try
to
independently
contact
or
send
anything,
that's
inclusive
of
city
officials
and
otherwise
impedes
the
process.
We
can't
consider
it
anything
you
say
is
really
just
going
to
kind
of
prejudice
consideration
and
we
might
find
ourselves
in
a
spot
where
we
can't
even
vote
on
it.