Wilmington Board of Adjustment Meeting – May 19, 2022
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Wilmington Board of Adjustment Meeting – May 19, 2022
The Wilmington Board of Adjustment met on May 19, 2022, at 1:00 p.m. to consider several agenda items, including the approval of minutes, multiple continuances, and two contested matters: a floodplain waiver for 6225 Old Military Road and a side setback variance for 616 Church Street. The board unanimously approved the minutes, granted all requested continuances, and approved both the waiver and the variance.
Consent Calendar
- April 21, 2022 Minutes: Approved unanimously (4-0).
- Continuances: All continuances requested by applicants were granted unanimously (4-0). Key date changes: Item 1 (6005 Oleander Drive) continued to July 21, 2022; Items 2 & 3 (4202 Peachtree Avenue) continued to September 15, 2022; Item 6 (7527 Masonboro Sound Road) continued to June 16, 2022; Items 4, 5, 7, and 9 (923 N 3rd St, 201 Harnett St, 1501 Robin Hood Rd, 1927 Nun St) continued to July 21, 2022.
Discussion Items
8. 6225 Old Military Road – Waiver from Floodplain Higher Standards (BAVFPP-2-522)
Staff presented a request for two waivers from the city’s higher floodplain standards: (1) a waiver to Land Development Code Section 18-270(A)(2) to eliminate the need to comply with more restrictive requirements for a partially located garage in a Coastal A zone, and (2) a waiver to Section 18-270(H) to allow the renovated structure to comply with AE standards (venting/floodproofing) instead of V-zone requirements (piling foundation and breakaway walls). The property is a 53-year-old home partially in a Special Flood Hazard Area with a garage encroaching into the Limit of Moderate Wave Action (LiMWA). The applicant, Seth Bostock, argued that the renovation would substantially improve the structure and that the existing topography (finished floor at 19.5 feet) already exceeds the required elevation. Board members who had visited the property noted that the renovation would meet building codes and improve flood safety. The public hearing had no speakers. The board unanimously approved both waivers.
10. 616 Church Street – Variance to Minimum Side Setbacks (BADV-34-522)
Staff recommended a continuance because a pending Land Development Code amendment (to be heard by City Council on June 7, 2022) would allow the requested 3-foot side setbacks. The applicant, Kyle Kelsay (Revitalize ILM), opposed the continuance, stating that the property had been held for a long time and the variance would allow conformity with the neighborhood’s development pattern. The lot is 25 feet wide, and a strict application would permit only a 14-foot-wide house, inconsistent with adjacent homes. The alleys on either side could not be acquired due to unknown ownership. Board discussion acknowledged that the hardship was not unique but that the applicant’s situation—combined with the alley issue—justified the variance. The board voted 4-0 to grant the variance, overruling staff’s recommendation.
Key Outcomes
- Item 8 – Floodplain Waivers: Approved 4-0 (all members present). The waivers allow the renovation to proceed under AE standards rather than more restrictive V-zone requirements.
- Item 10 – Side Setback Variance: Approved 4-0. The variance permits a 3-foot side setback (instead of the required 5 feet) for a new single-family dwelling at 616 Church Street.
- Continuances: All remaining items were continued to future dates as requested, with the next evidentiary hearing scheduled for June 16, 2022.
Meeting Transcript
It's not quite one o'clock. Oh, one. I'd like to call the May 19th Board of Adjustment Meeting to order. You want to swear everybody? For the Board of Adjustment are quasi-judicial in nature. Decisions of the board are based on the record of these proceedings. To grant a variance requires a concurrent vote of four-fifths of the members of the board to reverse or modify the determination of an administrative official requires a majority vote of the board. Evidence submitted to the board for review becomes part of the record. Appeals to the board decisions are to superior court and are based on the record. Appeals must be filed within 30 days of the date of the filing of the board order in the planning division. A hearing before the board is conducted in accordance with its rules of procedure. Those who want to testify in a case are sworn as witnesses. Perfect. Thank you. Any board members that had uh ex parte communication or need to recuse themselves from these proceedings? Seeing none. Um first order of businesses approval of the April 21 minutes. Do I have a motion? We have a second. I'll second. All in favor? Aye. Uh minutes are approved. We've got uh several continuances, and I thought we'd go ahead and run through those. Uh item one, six zero zero five Oleander Drive Unit B is requested a continuance to the June 16 meeting. Mr. Chairman, if we can um we've done an informal poll of the board, and it looks like we're going to be short a member in June as well. So if we could please request that be continued to July 21st, 2022. Okay. Yes. That one I'll have to rechase myself. Or is that the C D bottle shop? Is that the C Bible champion? It is. Do you want to put that in September? Okay. We can just hold on one second. Okay. Okay. Thank you. Sorry. Um, July 21st, please. Do we have a motion to continue item one to July 21st? A motion to continue. Item one. Do we have a second? Second. All in favor. Aye. Aye.
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