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Despite skepticism, Weaverville rezoning plan gets hearing
Tuesday, 19 September 2006 16:58
By DAVID FORBES

WEAVERVILLE ÇƒÓ Despite voicing doubts about the appropriateness and practicality of a proposed commercial rezoning request, Weaverville Town Council on Monday night unanimously agreed to schedule a public hearing in October to consider the matter.

The request, sought by ex-mayor Reese Lasher, would rezone a 1.7 acres near Weaver Boulevard from residential to commercial, allowing a wide variety of businesses to be built there.

The hearing is scheduled at 6 p.m. Oct. 24  in Weavervilleës Town Hall.

Many members of council as well as Mayor Mary "Bett" Stroud voiced concerns about the potential ramifications of the plan, as well as the impact it could have on the character of the parcelës surrounding neighborhood, which is residential.

"I would have to say no to this rezoning," Councilwoman Marcie Nisbeth said. "He can tell us that he wants to put in a certain type of store there. But if that falls through, we could end up with a gas station or a quick mart. Our downtown area is unique and we donët want to see more commercial invasion there."

Stroud noted that she is also worried that, if approved, the rezoning would open the door to projects that would damage the character of the downtown.


"All of us here know that the future character of downtown Weaverville depends on what we do with the open land between Weaver Boulevard and Fourth Street," Stroud said. "Weëve had three major proposals to develop this land  ÇƒÓ and none have been approved. Rezoning an almost 2-acre plot to commercial in the middle of this territory would be the height of irresponsibility by this council. We are under no obligation to hold a public hearing for this and I canët think of any good reason whatsoever to entertain this rezoning proposal."


However, Councilman Al Root, while sharing similar objections to the project, said that Lasherës proposal should get a hearing.


"Even though Iëm highly skeptical that the land owner can present arguments that would justify rezoning the property, my feeling would be, unless thereës an extremely good reason, allow him a hearing," Root said.


That view was echoed by Town Attorney Carl Loftin, who said the project is unquestionably "spot zoning" that is out of character with the surrounding area. Such zoning is legal, he noted, if the developer can reasonably prove that the area would benefit from the project and that the new use will be compatible with and not vary too widely from the surrounding zoning.


"It has to benefit the whole community, not just Reese Lasher or who he might sell it to," Loftin noted.

But he added that the process, even if it resulted in a denial of Lasherës proposal, would have more legitimacy if a public hearing was held.

"We can then say that he had his day and it is better for the record if he has an opportunity to give his reasons," Loftin said.


In other action, council:


ï Heard criticism from resident Doug Thoreau on councilës refusal to lower taxes.


"Weaverville is the only city or town in the county that has not lowered its tax rate going back to 2001," Thoreau said. "That also includes the county. Its very puzzling to me that all these entities can lower their rates and still have the funds to provide all their services and Weaverville cannot. Somehow there needs to be some changes made."


Weavervilleës property tax rate is 43 cents per $100 valuation, making it the highest rate in Buncombe County after the county itself.


ï Heard criticism from resident Bill Hussey on the townës presentation of its land use plan.

"Iëm concerned about your legacy," Hussey said. "The first word out of their mouths sometimes is not how wonderful this building is, itës the word ǃÚsneaky.ë People are saying that we have a town government where cards are being held too closely to the chest. The way this land-use plan has been conducted, the citizens have had no word to say in it."

He added that since a charette held Sept. 17 last year, Weavervilleës citizens have had little input into the process.


"Not one word of public opinion has been solicited," Hussey said. "Something is wrong with this picture."

 



 


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