Wilmington Board of Adjustment Meeting – August 18, 2022

The Board of Adjustment of the City of Wilmington held a regular meeting on Thursday, August 18, 2022, beginning at 1:01 p.m. at the Harrelson/United Bank building, 115 North 3rd Street, Wilmington, NC. With four members present (Jess Johnson as acting chair, Graham Mitchell, Ashley Walton, Jeff Hovis) and staff including Zoning Administrator Kathryn Thurston and Assistant City Attorney Shawn Evans, the board considered seven items, including a waiver, a variance, four continuances, and the annual report. All motions passed unanimously.

Consent Calendar

• Approval of Minutes (July 21, 2022): Approved 4-0 (motion by Hovis, second by Walton).

Public Comments & Testimony

• No members of the public spoke during the two public hearings that were opened and closed for the waiver and variance items.

Discussion Items

• 7719 Masonboro Sound Road (BAVFPP-1-822) – Waiver for Riprap Installation: Zoning Administrator Kathryn Thurston presented the request to install 375 feet of riprap for shoreline stabilization on a 5.2-acre property in a Coastal A flood zone (base flood elevation 13 ft). The applicant, Martin Willard of Willard Family Farms, stated the man-made canal was excavated over 100 years ago and that erosion was documented by the NC Division of Coastal Management (field representative Bryan Hall). The board granted the waiver (requiring a 3/4 vote) unanimously 4-0 (motion by Hovis, second by Walton).
• 201 Chestnut Street (Project Grace) – Variance for Off-Street Loading: The applicant requested a continuance to September 15, 2022; granted unanimously 4-0 (motion by Hovis, second by Mitchell).
• 938, 1121 & 1125 Montclair Drive – Variance for Right-of-Way Improvement: Continued to September 15, 2022, unanimously 4-0 (motion by Mitchell, second by Hovis).
• 111 Shipyard Boulevard (BADV-9-822) – Variance for Wall Sign Distance: Associate Planner Miranda Garmenn presented the request to allow a wall sign 45.5 inches from the building (variance of 27.5 inches from the 18-inch maximum). Architect John Rees and sign company representative Darin Martin argued the sign was more of a canopy sign and that the code is being re-evaluated. Staff noted the sign would be more attractive than typical for the industrial district. The board granted the variance unanimously 4-0 (motion by Hovis, second by Mitchell), citing the uniqueness and pending code review.
• 112 Colonial Drive – Variance for Rear Setback: Continued to September 15, 2022, unanimously 4-0 (motion by Hovis, second by Mitchell).
• 411 S 2nd Street – Appeal of HPC Approval for Garage: Continued to September 15, 2022, unanimously 4-0 (motion by Hovis, second by Mitchell).
• BOA Annual Report for FY21-22: Kathryn Thurston presented the report, noting that during the fiscal year the board considered 51 cases (41 variances, 10 appeals), granted 41 variances, denied 2, continued 8, and held 12 meetings. The report also covered attendance and types of variances. The board approved the report unanimously 4-0 (motion by Hovis, second by Mitchell).

Key Outcomes

• Waiver granted for riprap at 7719 Masonboro Sound Road (4-0).
• Variance granted for wall sign at 111 Shipyard Boulevard (4-0).
• Four items continued to the September 15, 2022 meeting.
• Annual Report approved (4-0).
• Future Board of Adjustment meetings will be held in City Council Chambers starting in September 2022.
• Meeting adjourned at approximately 1:28 p.m.