Wilmington Board of Adjustment Meeting - September 15, 2022

The Wilmington Board of Adjustment held a regular meeting on Thursday, September 15, 2022, beginning at 1:04 p.m. and adjourning at approximately 6:18 p.m. The board considered 15 agenda items, including variances, appeals, and continuances. Key decisions included approval of a variance for fill placement at a historic property on Masonboro Sound Road, approval of a variance for off-street loading at Project Grace, upholding a Historic Preservation Commission decision for a garage at 411 S. 2nd Street, and upholding staff's determination regarding U-Haul parking on Carolina Beach Road. Several items were continued to future meetings.

Consent Calendar

• Approval of Minutes: The board unanimously approved the minutes from the August 18, 2022 meeting (5-0).
• Item 1 – 311 & 315 Eastwood Road: Request for a variance to the 100-foot right-of-way setback was dismissed at staff's request (5-0).
• Item 2 – 6005 Oleander Drive Unit B: Appeal of a notice of violation was withdrawn by the applicant (5-0).
• Item 3 – 4202 Peachtree Avenue and 1415/1417 S 42nd Street: Appeal of the Zoning Administrator's determination was withdrawn by the applicant (5-0).
• Item 4 – 4202 Peachtree Avenue: Appeal of interpretations and determinations made in Notice of Violation and Civil Citations was continued to October 20, 2022 (5-0).
• Item 6 – 2201 Sterling Place: Variance to swimming pool and accessory structure locations was continued to October 20, 2022 (5-0).
• Item 8 – 938, 1121 & 1125 Montclair Drive: Variance to right-of-way improvement requirement was continued to October 20, 2022 (5-0).
• Item 12 – 4003 Park Avenue: Variance to convert a nonconforming accessory building into an accessory dwelling unit was continued to October 20, 2022 (4-0, after recusal).
• Item 13 – 4003 Park Avenue: Appeal of zoning officer's determination regarding conversion of an accessory building was continued to November 17, 2022 (4-0).

Public Comments & Testimony

• Item 5 – 7527 Masonboro Sound Road: No public comments were offered in favor or opposition.
• Item 7 – 201 Chestnut Street (Project Grace): No public comments were offered.
• Item 9 – 112 Colonial Drive: No public comments were offered.
• Item 10 – 411 S 2nd Street: Appellant Jennifer Blomberg, owner/president of Blue Twilight Inc. (which owns the adjacent property at 412 S 3rd Street), argued that the Historic Preservation Commission's approval of a three-car garage would destroy mature trees on her property, violate design standards, and create safety hazards. She stated that a Bartlett Tree Experts report indicated a pecan tree would decline and likely die during construction. She also raised concerns about a conflict of interest and that the HPC's decision was arbitrary.
• Item 11 – 1823 Carolina Beach Road: Ashleigh Spaulding (601 S. Carolina Avenue) expressed safety concerns about oversized U-Haul trucks parked on the street, blocking fire hydrants and impeding traffic. Rebecca Taylor (25-year resident) noted double parking and obstruction. Gayle Keresey reported near-accidents. Frankie Bordeaux, owner of Front Line Used Cars, stated that clients drop off trucks and that he cannot control where they park; he argued that the permit condition was unclear about which street was restricted.
• Item 14 – 1541 Eastwood Road: No public comments were offered.
• Item 15 – 6120 Oleander Drive: Multiple residents spoke in opposition: John Brosnan (2009 Kane Island Place) argued that approving the variance would be the first domino leading to overdevelopment and that the developer had been non-communicative. Elizabeth Kane (3660 Watch Hill Way) and Christy DiFelice (3917 Malabar Run) contended that the applicant had not shown unnecessary hardship, that the hardship was self-created by selling parts of the property, and that traffic and drainage impacts raised public safety concerns. David Artrip cited drainage issues and noted that the open space shown is actually drainage retention. Sam Lewis and Nick Mitchell raised concerns about flooding and hostile developer relations.

Discussion Items

• Item 5 – 7527 Masonboro Sound Road (Variance to fill limits in coastal high-hazard flood zone and conservation resource area): Staff presented that fill up to 3.5 feet was placed without permits. Attorney Matt Nichols for the applicant (Peggy Baddour, owner of Oak Forest Properties LLC) argued that the property, a historic house designed by Henry Bacon, required fill to restore the lawn and prevent runoff. Engineer Howard Resnik stated that the fill volume had a negligible impact on flood storage (0.06 inches). The U.S. Army Corps of Engineers and the N.C. Division of Coastal Management had closed their cases. The board questioned the elevation difference and impact on adjacent properties. Baddour explained that the property had been severely neglected and that they installed a ditch to help drainage. The board noted that while the permit process was not followed, the post-fill mitigation met requirements.
• Item 7 – 201 Chestnut Street (Project Grace): Staff requested a variance to the requirement that off-street loading facilities allow only forward movement, to permit backing into a covered loading dock. The applicant (library/museum project) argued that backing into the dock protects sensitive exhibits and books from weather and security risks. Attorney Amy Schaefer and engineer Rob Balland stated that this is common in similar downtown facilities, and that on-street loading would require dangerous forklift operations across sidewalks. The board discussed turning movements and traffic impacts, concluding that the variance would be safer than the alternative.
• Item 9 – 112 Colonial Drive: Staff reported that the applicant added 462 sq. ft. in 2017 and requested a 10-foot variance (from 25 to 15 feet) to the rear setback to accommodate a one-bedroom addition for parents' health needs. The board noted the irregular lot shape and that the addition's location behind the driveway was logical and not obtrusive.
• Item 10 – 411 S 2nd Street (Appeal of HPC approval of a three-car garage): A threshold issue of standing was raised. Attorney Matt Nichols, for property owner Neal Beard, moved to dismiss because the appeal was filed by Jennifer Blomberg and Jeff Mason as individuals, not by the property owner (Blue Twilight Inc.). After hearing arguments, the board voted 5-0 that the appellants had standing. On the merits, attorney Melissa Huffman for the HPC argued that the commission followed proper procedures, considered evidence including a tree report, and voted 6-1 to approve. Blomberg presented her case alleging that the project would destroy mature trees, violate design standards, and that the HPC failed to weigh evidence properly. Nichols countered that the tree report was not supported by testimony, the applicant modified plans to address concerns, and the HPC acted within its authority. Board members discussed whether the HPC committed an error of law. Chairman Moore and others believed the HPC was justified; Vice-Chair Saulnier argued the HPC did not follow standards. The board voted 4-1 to uphold the HPC decision.
• Item 11 – 1823 Carolina Beach Road (Appeal of zoning determination on U-Haul truck parking): Attorney Tom Kerner, representing the applicant, argued that the zoning permit condition “no parking on the street” was ambiguous, as it referred only to Carolina Beach Road, not South Carolina Avenue. Staff countered that the condition clearly meant any street. Frankie Bordeaux said he cannot control where customers park trucks. Neighbors testified about safety hazards. The board noted that trucks were observed blocking fire hydrants and impeding traffic. Chairman Moore stated that he drove by and saw trucks blocking the street. The board voted unanimously to uphold staff’s determination.
• Item 14 – 1541 Eastwood Road (Variance to foundation plantings requirements): The applicant (Center Pointe development) sought to replace required foundation plantings with large fixed planters, benches, and light poles to create an urban pedestrian experience. Staff noted that foundation plantings can be placed anywhere between the building and parking, not necessarily at the foundation. Board members expressed a preference for moving plantings away from the building and suggested that a percentage reduction, rather than elimination, might be acceptable. The applicant agreed to study a specific variance percentage and bring a more detailed proposal. The item was continued to October 20, 2022.
• Item 15 – 6120 Oleander Drive (Variance to open space requirements): Attorney Sam Franck requested that the board allow 485,853 square feet of open space on a separate parcel (established in the original 2015 approval) to satisfy the 43,260 square feet required for Phase 2. He argued that strict application would cause unnecessary hardship due to code changes and market shifts. Neighbors opposed, citing drainage issues, traffic, and lack of community engagement. The board expressed reluctance to grant a blanket variance without knowing the proposed use for Phase 2. After discussion, the applicant agreed to meet with the community and return with a concept. The item was continued to November 17, 2022.

Key Outcomes

• Item 5 – 7527 Masonboro Sound Road: Motion to approve both the floodplain waiver and the conservation resource variance carried 5-0.
• Item 7 – 201 Chestnut Street: Motion to approve the variance to the off-street loading requirement carried 5-0.
• Item 9 – 112 Colonial Drive: Motion to approve the 10-foot rear setback variance carried 4-0 (unanimous with four members).
• Item 10 – 411 S 2nd Street: Motion to uphold the Historic Preservation Commission’s decision (deny the appeal) carried 4-1.
• Item 11 – 1823 Carolina Beach Road: Motion to uphold staff’s determination that trucks were parked in violation of the zoning permit carried 5-0.
• Item 14 – 1541 Eastwood Road: Continued to October 20, 2022, by unanimous vote (5-0).
• Item 15 – 6120 Oleander Drive: Continued to November 17, 2022, by unanimous vote (5-0).
• Several other items were dismissed, withdrawn, or continued as detailed in the Consent Calendar. The next regular meeting is scheduled for October 20, 2022.