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Record of Proceedings

Wilmington Board of Adjustment Meeting – August 18, 2022

Board of AdjustmentThursday, August 18, 2022
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, August 18, 2022
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

No, it's just approval.

0:07

Okay, guys, before we start, um, since there's not a chair or a poster here, I'm gonna open the meeting and read the statement.

0:16

Okay, and then the the first order of business will be to have an acting chair for the meeting.

0:20

And then I'll pass the gavel over, and then y'all y'all agree to the rest of the agenda.

0:25

Okay, okay.

0:29

Not it.

0:32

Alright.

0:37

That doesn't really matter for you.

0:39

That's fine.

0:39

We'll have to do it.

0:42

Cool.

0:42

We'll make motions.

0:43

We won't sit there.

0:50

If you're gonna do the whole opening part, I'll read the service.

0:52

Is there anything that helps that I'd really need to do?

0:56

No, you should run the meeting.

0:58

Okay, yeah, yeah.

1:02

Approval of minutes.

1:04

Go through the findings of fact.

1:08

Motion second.

1:13

Okay.

1:14

If anything's missing, I'll try to pipe up and say it.

1:17

And if I miss it, Captain I'll hit me and okay, then I'll fix it.

1:21

That's the plan anyway.

1:22

Well then I'll hold on to this.

1:25

So do you have the cheat sheet on the house or the there used to be a cheat sheet?

1:30

That was the easiest part of the show.

1:32

That'd be awesome if we had that.

1:34

I think it's like in his head.

1:36

Yeah.

1:36

There used to be like that.

1:40

Seems wrong.

1:41

Okay.

1:41

Yeah.

1:42

So I'll see the wrong note in that seat.

1:46

Yeah.

1:46

Sounds good.

1:48

Okay, so we're ready.

1:50

Yep.

1:50

All right.

2:05

Good afternoon.

2:06

Welcome to the August 18th Board of Adjustment meeting for the city of Wilmington.

2:13

My name is Sean Evans.

2:14

I'm for the city attorney's office.

2:16

This afternoon, both our chair and co-chair have um excused absences.

2:22

So I'm gonna read the um introduction statement.

2:25

After that is done, um, we're gonna have the board of adjustment members who are here electing acting chair for this meeting, and then the meeting will proceed from there under the direction of the acting chair.

2:38

So I'll read that introduction now.

2:41

Hearings before the board of adjustment are quasi judicial in nature.

2:45

Decisions decisions of the board are based on the record of these proceedings.

2:49

To grant a variance requires a concurrent vote of four-fifths of the members of the board.

2:54

To reverse or modify the determination of an administrative official requires a majority vote of the board.

3:00

Evidence submitted to the board for review becomes part of the record.

3:04

Appeals of board decisions are to superior court and are based on the record.

3:09

Appeals must be filed within 30 days of the date of the filing of the board's order in the planning division.

3:16

So that's not today, that's once the written order is signed by the uh chair.

3:21

A hearing before the board is conducted in accordance with its rules of procedure.

3:26

Any who want to testify in the case are sworn as witnesses, the chairperson recognizes those who want to testify or their attorneys for presentation of evidence during the hearing.

3:37

To ensure that all testimonies properly recorded, please address the board, state your name and address, and speak clearly.

3:44

And if you are presenting, if you'll make sure that you're in front of a microphone so that our recording system picks it up.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████59%
Flooding█████████████17%
Signage Regulations███████████14%
Zoning And Land Use█████6%
Historic Preservation███4%
Summary of Proceedings

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.

Meeting Transcript

No, it's just approval. Okay, guys, before we start, um, since there's not a chair or a poster here, I'm gonna open the meeting and read the statement. Okay, and then the the first order of business will be to have an acting chair for the meeting. And then I'll pass the gavel over, and then y'all y'all agree to the rest of the agenda. Okay, okay. Not it. Alright. That doesn't really matter for you. That's fine. We'll have to do it. Cool. We'll make motions. We won't sit there. If you're gonna do the whole opening part, I'll read the service. Is there anything that helps that I'd really need to do? No, you should run the meeting. Okay, yeah, yeah. Approval of minutes. Go through the findings of fact. Motion second. Okay. If anything's missing, I'll try to pipe up and say it. And if I miss it, Captain I'll hit me and okay, then I'll fix it. That's the plan anyway. Well then I'll hold on to this. So do you have the cheat sheet on the house or the there used to be a cheat sheet? That was the easiest part of the show. That'd be awesome if we had that. I think it's like in his head. Yeah. There used to be like that. Seems wrong. Okay. Yeah. So I'll see the wrong note in that seat. Yeah. Sounds good. Okay, so we're ready. Yep. All right. Good afternoon. Welcome to the August 18th Board of Adjustment meeting for the city of Wilmington. My name is Sean Evans. I'm for the city attorney's office. This afternoon, both our chair and co-chair have um excused absences. So I'm gonna read the um introduction statement. After that is done, um, we're gonna have the board of adjustment members who are here electing acting chair for this meeting, and then the meeting will proceed from there under the direction of the acting chair. So I'll read that introduction now. Hearings before the board of adjustment are quasi judicial in nature. Decisions decisions of the board are based on the record of these proceedings.

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