2007 Bmw X5 4.8, 90000km

I have a misfire on cylinder 1 on cold startup and also a acceleration hesitation at low rpm.
Misfire is not there when engine is warm and hesitation is reduced as well when engine is at operating temperature.

After checking spark, coil, injectors...

If I unplug the Exhaust Vanos Solenoid on that Bank of cylinders. The car stars great when cold and doesn't have the shudder on acceleration.

My question is:
Why would this happen?
Is Vanos spring loaded in default position or controled by oil pressure?
Valve timing has been changed but wouldnt that mean that my solenoids are bad and not the Vanos seals? I thought Vanos was only for intake valves. I only get codes for the misfire on cylinder 1. Nothing to do with vanos or solenoids or cam timing.
Is my Vanos stuck? If it is wouldn't I get a code for this or multiple misfires?
Totally confused.
Can I somehow jump the wires somehow so I dont get an engine light? I am happy with the performance with the solenoid disconected, it has reduced torque but I don't mind. Its better than the misfire.