Planning commission defers decision on Mansker Farms property after neighbors and bank spar over fixes

The Hendersonville Planning Commission on Tuesday deferred a decision on multiple deviation requests tied to a heavily contested house at 124 Manor Way in the Mansker Farms development after more than an hour of public comment and commissioner scrutiny.

Resident Susan Stone told commissioners the property has been “under construction for well over four years,” alleged the original poured foundation extended over the property line and was later rebuilt with cinder block leaving a visible gap, and urged the commission to scrutinize safety and code compliance. “I don't agree with the setback request that they're requesting now,” Stone said.

City staff described a complex history: the lot lies in a planned development with a 30-foot zoning setback but a 60-foot platted setback; recent Board of Zoning Appeals rulings and construction errors left the parcel with multiple encroachments and waivers on file. Staff summarized the specific requests: a 1.8-foot front encroachment (creating a 28.2-foot front setback), a 0.23-foot right-side encroachment (4.77 feet), a rear setback reduced to about 6 feet (an additional encroachment beyond a prior amended 7.9-foot rear setback), an HVAC unit located roughly 1 foot from the property line, a retaining-wall exception request, and a request to hold lot coverage near 40% (staff noted the planned-development allowance was 30%, previously increased by the BZA to 38%, and the site currently measures about 40%).

Zach Wilkinson of Cornerstone Development Services, representing the bank as owner, said the bank employed the developer to “alleviate as many of the issues” and that the current team is trying to “clean it up and take care of it as quickly” as circumstances allow. Wilkinson added that some encroachments cannot be corrected without essentially tearing down the structure.

Commissioners pushed for assurances the work would be completed promptly and in a manner that addresses neighbors’ concerns. Commissioner Hasty said the project resembled an instance in which a contractor “overbuilds on a lot” and then asks for forgiveness; he pressed the applicant for timetables and neighborhood assurances. Commissioner Evans, among others, urged the bank to appear at the next meeting with clearer commitments and a prioritized list of corrections.

Derek Finn, the general contractor retained by the bank, told the commission he had been in regular contact with city codes and that contracts and bids were ready to move forward once the commission provided direction. “We are ready to move forward,” Finn said, while acknowledging he could not guarantee a precise completion timeline.

Planning staff and several commissioners noted limits on the commission’s ability to place conditions (such as strict time limits) on a deviation approval, and that denial could leave the property unoccupied for an extended period or lead to different enforcement options. After extended discussion, the applicant requested a deferral so the bank and contractor could return with additional documentation, HOA input, and clearer financing/contract commitments.

A motion to defer the request to the January 6 meeting passed by electronic vote; the clerk recorded the motion as approved with 8 yes votes. The deferral gives the applicant time to bring bank representatives, HOA approval status, a prioritized list of required corrections, and any firm contractor commitments for commissioners to review.

Next steps: the commission will revisit the Mansker Farms deviation request on Jan. 6; staff said the final-plat and construction-plan review steps required before occupancy will include checks of drainage, retaining-wall design and other items discussed at the hearing.