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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Design Adjustment Committee Meeting - August 17, 2022

Board of Adjustment — Wednesday, August 17, 2022

BodyWilmington, North Carolina

SessionBoard of Adjustment

DateWednesday, August 17, 2022

StatusFILED

Video Record

0:00 / 1:55:55

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:18

I'm gonna bring this meeting of the design adjustment committee to order.

0:23

Um my name is Rob Gordon.

0:25

I'm the chair of the design adjustment committee.

0:27

The purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual.

0:38

The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures.

0:50

These hearings are quasi judicial evidentiary hearings.

0:53

That means they're like a court hearing and the committee's decisions are constrained by this by the standards in the ordinance and based on the facts presented.

1:01

All variance requests require a four-fifths vote of the committee to grant a variance.

1:07

Appeals of the design adjustment committee decisions are to the board of adjustment.

1:11

A written notice of appeal must be filed with the city clerk within 30 days of the design adjustment committee's decision.

1:19

Appeals are set for hearing before the board of adjustment within 30 days or as soon thereafter as practicable.

1:26

The parties to these cases are entitled to an impartial board.

1:29

If the board of a board member has a fixed opinion about the matter, a financial interest in the outcome, a close relationship with the affected person, or has had any expart communication about the matter, please disclose that information to determine if a recusal is necessary.

1:47

City staff will introduce the proposed project to the committee, and the committee members may ask questions.

1:58

If anyone wishes to provide evidence at today's hearing, witnesses must sign in at the clipboard in the back of the room and be sworn in.

2:06

Because witnesses are to provide sworn testimony, please focus on the facts and the standards, not personal preference or opinion.

2:13

When a witness comes forward to give testimony, please come to the podium, state your name and address for the record and speak clearly.

2:22

At this time, staff will administer oath for individuals who intend to provide witness testimony.

2:28

If I could have all staff applicants and anyone in the audience who wishes to speak this afternoon, to please stand up and be sworn in.

2:37

In order to speak at the public comment section, you must be sworn in.

2:43

Please raise your right hand.

2:44

Do you swear to tell that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

2:50

Thank you.

2:59

Okay.

3:00

Did you want to Sean?

3:02

When would you disclose that the pre-TRC for the board?

3:08

Thanks, Mr.

3:08

Chair.

3:09

Now would be the right time.

3:13

Mr.

3:13

Merritt, um, we talked for a minute before the um for the meeting started.

3:19

It's my understanding that you sat on pre-TRC potentially for both um items that are before the design adjustment committee today.

3:28

Is that correct?

3:30

Um in sitting on pre-TRC, were the waivers discussed in any way that are before this board this afternoon.

3:39

Um let me ask that a different way.

3:43

Was there any discussion other than waivers would be needed and they would need to come to this board?

3:49

Okay.

3:50

Um, did you have have you had any ex parte or outside of this room conversations with um any of the parties in this matter about the requested waivers?

3:59

Okay.

4:00

Lieutenant Merrick, can you please turn on your uh microphone and answer thank you?

4:06

Okay.

4:07

And then I I'm just tendering this information to the applicants and um any potential parties, just so that everyone's aware.

4:15

Um and as we go through this, if anyone has any objection or would like to seek a continuance based on that information, um please please let me know.

4:24

Thank you.

4:27

Okay.

4:28

Um with that, um, the first item, Brian.

4:42

Did you sorry?

4:46

Uh the applicant is requesting a continuance of this item to your next meeting, which will be September 21st.

4:51

Okay.

4:52

Um I believe we need to take action on that.

4:53

Does anybody have a motion?

4:55

I'll make a motion to continue item one.

4:58

Second.

5:00

Okay.

5:00

All in favor say aye.

5:02

Aye.

5:02

Opposed?

5:03

Okay.

5:04

So that mo that is continued to the uh next meeting.

5:08

Which brings us to item number two 20 2916 Market Street.

Discussion Breakdown — Share of Meeting

Urban Planning█████████████████████████████29%

Transportation Safety██████████████████████████26%

Procedural████████████████16%

Zoning And Land Use████████████12%

Legal Framework█████5%

Engineering And Infrastructure████4%

Community Engagement███3%

Public Transportation███3%

Environmental Protection█1%

Summary of Proceedings

Design Adjustment Committee Meeting - August 17, 2022

The Design Adjustment Committee of Wilmington met on Wednesday, August 17, 2022 at 1:45 p.m. in City Council Chambers to consider three waiver requests. The meeting addressed a continuance, a private driveway length waiver for a proposed residential project at 2916 Market Street, and two design waivers for Project Grace, a new public library and museum downtown.

Consent Calendar

Item 1 – Plant Court (938, 1121, 1125 Montclair Dr): The applicant requested a continuance to the September 21 meeting. The committee voted unanimously (5-0) to continue.

Public Comments & Testimony

Item 2 – 2916 Market Street: Gary Shipman, representing neighboring property owners, argued that the waiver should be denied because it does not meet the intent of the Land Development Code or Comprehensive Plan. He presented expert traffic engineer Lawrence Green, who opined the project would double site-generated trips and increase congestion.
Chip Overman, a neighbor building a home on 29th Street, testified that 29th Street is substandard, essentially a one-way road, and cannot handle additional traffic; he noted utilities could not be delivered via that street.
Robert McCord, an adjacent property owner, stated the development is out of scale and urged the committee to require development within existing zoning.
Item 3 – Project Grace: No public comments were offered.

Discussion Items

Item 2 – 2916 Market Street (Private Driveway Length Waiver): Staff recommended approval with an additional vehicular connection on Wayne Drive. The applicant proposed a 990-foot private driveway (exceeding the 500-foot max) to serve a 112-unit apartment building and 36 townhouses on 8.84 acres. The site currently has a 62-room hotel. The applicant cited site constraints and the inability to use adjacent city parkland for a public street. Board members questioned traffic distribution, emergency vehicle access, and the condition of 29th Street. The applicant’s traffic consultant noted the project would generate 712 daily trips (up from 264), but below the city’s TIA threshold. The board discussed that the waiver is about access, not use, and that the rezoning decision belongs to the Planning Commission and City Council.
Item 3 – Project Grace (Driveway Offset and Building Entrance Waivers): The project involves a new public library and museum on 1.1 acres. Waivers were requested for a driveway offset of less than 6.5 feet from the property line (due to a conflict with an adjacent parking garage apron) and for fewer than one primary building entrance per 100 feet (the design provides a single, secured entrance). The applicant explained the loading dock location and the security and programming needs of a municipal building. Board members discussed that civic buildings often require different approaches and noted the existing library also has a single entrance.

Key Outcomes

Item 2 – 2916 Market Street: Motion to approve the private driveway length waiver (5-0). The motion cited site constraints making compliance impossible, and noted the applicant’s plan includes a Wayne Drive connection. No additional conditions were attached beyond the applicant’s stated intent.
Item 3 – Project Grace, Waiver 1 (Driveway Offset): Motion to approve with a condition that the Technical Review Committee (TRC) may reduce the driveway flare width to the minimum necessary for the design vehicle, subject to Board of Adjustment approval (5-0).
Item 3 – Project Grace, Waiver 2 (Building Entrances): Motion to approve (5-0) based on the rationale that public building uses require flexible approaches to access control and that the design mediates the urban environment appropriately.

All votes were unanimous (5-0).

Meeting Transcript

I'm gonna bring this meeting of the design adjustment committee to order. Um my name is Rob Gordon. I'm the chair of the design adjustment committee. The purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual. The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures. These hearings are quasi judicial evidentiary hearings. That means they're like a court hearing and the committee's decisions are constrained by this by the standards in the ordinance and based on the facts presented. All variance requests require a four-fifths vote of the committee to grant a variance. Appeals of the design adjustment committee decisions are to the board of adjustment. A written notice of appeal must be filed with the city clerk within 30 days of the design adjustment committee's decision. Appeals are set for hearing before the board of adjustment within 30 days or as soon thereafter as practicable. The parties to these cases are entitled to an impartial board. If the board of a board member has a fixed opinion about the matter, a financial interest in the outcome, a close relationship with the affected person, or has had any expart communication about the matter, please disclose that information to determine if a recusal is necessary. City staff will introduce the proposed project to the committee, and the committee members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in at the clipboard in the back of the room and be sworn in. Because witnesses are to provide sworn testimony, please focus on the facts and the standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, state your name and address for the record and speak clearly. At this time, staff will administer oath for individuals who intend to provide witness testimony. If I could have all staff applicants and anyone in the audience who wishes to speak this afternoon, to please stand up and be sworn in. In order to speak at the public comment section, you must be sworn in. Please raise your right hand. Do you swear to tell that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Okay. Did you want to Sean? When would you disclose that the pre-TRC for the board? Thanks, Mr. Chair. Now would be the right time. Mr. Merritt, um, we talked for a minute before the um for the meeting started. It's my understanding that you sat on pre-TRC potentially for both um items that are before the design adjustment committee today. Is that correct? Um in sitting on pre-TRC, were the waivers discussed in any way that are before this board this afternoon. Um let me ask that a different way. Was there any discussion other than waivers would be needed and they would need to come to this board? Okay. Um, did you have have you had any ex parte or outside of this room conversations with um any of the parties in this matter about the requested waivers? Okay. Lieutenant Merrick, can you please turn on your uh microphone and answer thank you? Okay. And then I I'm just tendering this information to the applicants and um any potential parties, just so that everyone's aware. Um and as we go through this, if anyone has any objection or would like to seek a continuance based on that information, um please please let me know. Thank you. Okay. Um with that, um, the first item, Brian. Did you sorry? Uh the applicant is requesting a continuance of this item to your next meeting, which will be September 21st. Okay. Um I believe we need to take action on that.

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