Wilmington Board of Adjustment Meeting on Variances and Appeals – July 21, 2022

The Wilmington Board of Adjustment held a regular evidentiary hearing on Thursday, July 21, 2022, beginning at 1:03 p.m. and adjourning at approximately 5:21 p.m. The agenda advertised a 1:00 p.m. public hearing in City Council Chambers, Skyline Center, 929 North Front Street; the minutes record the meeting at the Harrelson/United Bank building, 115 North 3rd Street, 5th floor, Wilmington, North Carolina. Chairman Patrick Moore presided with Members Mark Saulnier, Jeff Hovis, Jess Johnson, and Ashley Walton present; Member Scott Monroe was excused and Alternate Graham Mitchell absent. The board heard 17 items, approved the prior minutes, granted continuances and withdrawals, and decided multiple variance requests.

Consent Calendar / Procedural Rulings

• Approved the June 16, 2022 meeting minutes as presented, 5-0.
• 311 & 315 Eastwood Road – variance to the 100-foot right-of-way setback for automotive parking in the Special Highway Overlay District: continued to September 15, 2022, 5-0, so the applicant could update the application to current code.
• 6005 Oleander Drive Unit B – appeal of notice of violation involving an unpermitted deck and outdoor seating/events use: continued to September 15, 2022, 5-0, at applicant attorney Matt Nichols' request.
• 923 N 3rd Street – appeal of commercial parking lot notice of violation: withdrawn, 5-0.
• 201 Harnett Street – appeal of commercial parking lot notice of violation: withdrawn, 5-0.
• 7527 Masonboro Sound Road – variance to exceed allowable fill in a coastal high hazard flood zone and to allow fill in a conservation resource area: continued to September 15, 2022, 5-0.
• 2201 Sterling Place – pool/cabana location variances: continued to September 15, 2022, 5-0, to allow the applicant to investigate whether a home addition could make the pool code-compliant.

Public Comments & Testimony

For each item, the board opened a public hearing; no members of the public appeared to speak in favor or opposition, and each hearing was closed. Applicant representatives, attorneys, engineers, and property owners testified on several items. For 6422 Shinnwood Road, the applicant submitted three letters from neighbors supporting the variance request.

Old Business Decisions

• 1501 Robin Hood Road – variance to accessory building maximum gross floor area from 900 to 1,140 square feet (variance of 240 square feet): Applicant attorney Matt Nichols and contractor Chris Lumpkin said the garage was designed under the previous code to house a boat, RV, and extra vehicle, and that staff interactions preceded the December 1, 2021 code change. Staff verified the permit was applied for January 6, 2022. The motion to approve failed, and the variance was denied 3-2; Board Members Hovis and Walton voted no.
• 1927 Nun Street – variance to reduce the required 15-foot rear setback to 6 feet to enclose an existing rear porch: approved 4-1; Board Member Hovis voted no.
• 99 Lullwater Drive – variances for vehicle sales: minimum residential adjacent side interior setback reduced from 50 to 20 feet, street trees from two to zero, Class C transitional buffer width from 40 to 10 feet, and buffer plantings reduced to zero canopy trees, 10 understory trees, and 29 shrubs: approved 5-0.
• 6422 Shinnwood Road – variances to conservation resource coverage and undisturbed vegetative buffer to allow a 95-square-foot pool/spa in the footprint of existing deck/stairs, while reducing previously approved encroachment areas: approved 4-1; Board Member Walton voted no.
• 121 North Front Street – variance to projecting sign separation requirement from 20 feet to 6.5 feet: approved 5-0.

New Business Decisions

• 6130 Leeward Lane – variances for accessory building location in front of the principal structure and size of 1,120 square feet versus the 900-square-foot limit: the applicant withdrew the size variance, and the board approved the location variance 4-1; Board Member Walton voted no.
• 1010 Ashes Drive – variance to reduce the Office & Institutional district front setback from 20 to 15 feet for a proposed 101-room hotel: approved 5-0.
• 187 Raleigh Street – variance to remove two specimen trees, a 28-inch live oak and a 24-inch longleaf pine, on a 76.9-acre General Industry site for a warehouse/distribution center: the applicant said the trees conflicted with the required 200-foot truck-operations setback, building footprint, fill, parking, and stormwater needs; mitigation would total 104 caliper inches and about $90,000 payment-in-lieu. The motion to approve was denied 2-3; Vice-Chair Saulnier and Board Members Johnson and Walton voted no.
• 319 Walnut Street – variance from the 24-foot minimum building height to 12 feet for a Flytrap Brewing expansion: approved 5-0.
• 3846 and 3852 Carolina Beach Road – sign variance at Crossroads at Independence for additional wall signs and sign area: Board Member Saulnier recused. The board approved additional front/rear signage and denied the requested end-cap signs, 4-0.
• 6832 Unit F Market Street – sign variance for a Big Lots tenant to have two wall signs and 186 square feet of sign area: the board approved a larger single stack sign (the 136-square-foot area variance) but denied the second wall sign, 4-1; Board Member Hovis voted no.

Key Outcomes

• Unanimous actions included the minutes approval, withdrawals, continuances, 121 North Front Street, 99 Lullwater Drive, 1010 Ashes Drive, 319 Walnut Street, and the reduced Carolina Beach Road sign request.
• Approved with one dissenting vote: 1927 Nun Street (Hovis no), 6422 Shinnwood Road (Walton no), 6130 Leeward Lane location variance (Walton no), and 6832 Unit F Market Street (Hovis no).
• Denied: 1501 Robin Hood Road (3-2) and 187 Raleigh Street (2-3).
• The next scheduled regular Board of Adjustment evidentiary hearing was August 18, 2022, and Shawn Evans was to take over as board attorney from Melissa Huffman.