Montreat council continues conditional zoning hearing after neighbors raise stormwater trespass concerns

Wade Burns, an architect and the applicant in a conditional zoning request before the Montreat Board of Commissioners, presented a stormwater-focused site plan and asked the board to consider reduced setbacks to accommodate his proposed dwelling. The board unanimously agreed to continue the public hearing to April 9, 2026, after neighbors raised environmental and legal objections.

Burns described site constraints including an ephemeral stream and a stormwater management system that he said includes rooftop collection, two 1,500‑gallon retention tanks, catch basins and a sanitary stormwater basin. He said his 60 years of planning and architectural experience informed the design, which seeks a rear setback reduction from 30 to 19 feet, a side‑yard of 15 feet (with a 2‑foot chimney projection) and a 34‑foot setback on the stream side to protect the waterway. The hearing record notes that Burns’ site plan had shown a gravel driveway but that prior permitting had approved a paved driveway; the applicant’s attorney said an updated site plan could be required as a condition of approval.

The applicant’s expert, Jacob McLean, a professional engineer and certified floodplain manager, told the board Burns had done an "excellent job" managing stormwater and called the system environmentally sensitive and resilient. McLean also said a paved driveway can be more effective than gravel at preventing erosion and safely conveying runoff.

Opponents, represented in part by William Hamilton speaking for his parents, alleged the construction violated the town’s 30‑foot stream setback and that stormwater from the Burns property has been directed onto Hamilton’s land, which Hamilton described as an "unlawful trespass." Hamilton proposed a compromise that would pipe and cover 26 feet of stream on the Burns property, remove gravel or paved driveways within 30 feet of the stream, and address any trespass onto neighboring property. Jim Hamilton, joining by Zoom, argued the approval could constitute unlawful "spot zoning" and called the action potentially "ultra vires," raising concerns about legal exposure for the town.

After extended technical and legal discussion, the board voted unanimously to continue the public hearing to April 9, 2026, and asked that stormwater engineering experts help the parties explore a technical compromise before that date. The continuance motion was made by Commissioner Mason Blake and seconded by Commissioner Jane Alexander.

Next steps: the board will receive updated site plans and further engineering analysis and will revisit the conditional zoning request at the continued hearing on April 9, 2026.