Woodfin board hears Elk Mountain appeal

On Jan. 25, the Woodfin Board of Adjustment began to hear an appeal lodged by the Citizens for Responsible Land Use, a neighborhood organization opposing a proposed 116-unit development on the Elk Mountain ridgeline. Xpress first covered the proposed development from Atlanta-based HS Robinhood Owner LLC and the CRLU’s mobilization against it last September. (See avl.mx/ccq.)

The appeal was lodged on behalf of Jessica and Alex Bernstein and the CRLU, who were all represented at the hearing by Asheville attorney John Noor. Robinhood is represented by Josh Portnoy of Atlanta-based firm Hatteras Sky.

Bernstein and the CRLU maintain that Woodfin town manager Shannon Tuch incorrectly designated the development as a “multifamily building” as opposed to a “group development.” The former designation allows the development to circumvent review by the Board of Adjustment, meetings of which allow public comment.

The appeal also maintains that Tuch was incorrect in allowing the development to be subject to the regulations in place when the developer first submitted an application on May 17, 2021 – one day before new regulations were enacted that would have significantly impacted the original site design. Robinhood argues that subsequent revisions to its plans should be seen as an extension of that original application, whereas Bernstein and the CRLU believe those revisions should be considered as new plans subject to the new requirements.

The Woodfin Board of Adjustment met from 5-9 p.m. each day Jan. 25-27 to consider the appeal but did not reach a final decision. The board has continued the hearing until Thursday, Feb. 9, according to CRLU secretary Ben Irvin.