People Advocating Real Conservancy, an Asheville community activist group, has decided to challenge the city’s policy of selling air rights to developers. At the same time, the group has placed an upset bid on air rights above the sidewalk at 82 Patton Avenue offered for sale to redevelopers of the old First Union Building. The group indicated it intends to return the air rights to the City of Asheville.
“Aside from being too imposing, balconies above public sidewalks eliminate the opportunity for mature trees to grow to full height,” said PARC spokesperson, Elaine Lite. “In the past, selling air rights has led to trees being cut down.”
Sale of air rights came to public attention two years ago when the developers at 21 Battery Park built balconies over the city sidewalk instead of their own land. “In that project, beautiful mature sycamores were cut and replaced with dwarf trees. That building is too large for the lot and is out of scale with the neighborhood. The reason the building seems so oversized is that it is oversized,” Lite continued.
That sale was approved by staff without consultation with City Council.
“We realize that City Council relies on the opinions of city staff, but we also know that staff’s reliance on developers for their guidance too often leaves the needs of residents out of consideration,” said PARC co-spokesperson, Julie Brandt. “With this bid to buy air space that is already ours, we hope to buy Asheville citizens a seat at the table.” Concerning the current bid, Brandt said, “We will return the air rights to the City of Asheville in the hope that trees will be planted there and that they will be allowed to grow to maturity.”
In addition, Lite said the City “gave away” the air rights by charging the developer a mere $3,350. “The whole concept was not well-received by the public to begin with, but this was the icing on the cake. We all know that developers are doing quite well financially in the building frenzy that Asheville is experiencing. Surely they do not need to be subsidized by the City, and indirectly from the taxpayers,” said Lite.
When the issue of sale of air rights came up before council, the body requested a report from staff concerning sale of such rights in other cities. Staff reported that it was unable to locate any other cities which sell such rights.
— Cecil Bothwell, staff writer
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