Wilmington Design Adjustment Committee Meeting - September 21, 2022
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Wilmington Design Adjustment Committee Meeting - September 21, 2022
The Wilmington Design Adjustment Committee (DAC) met on Wednesday, September 21, 2022, at 1:45 p.m. (called to order at 1:50 p.m.) in City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC. The meeting was adjourned at 2:43 p.m. All five members were present: Chair Rob Gordon (Engineering), Vice-Chair Denys Vielkanowitz (Traffic Engineering), Chad Cramer (Planning & Development), Captain Chris Elrod (Fire Management), and Gary McSmith (Cape Fear Public Utility Authority). Staff included Assistant City Attorney Shawn Evans, Senior Planner Brian Chambers, Associate Planner Patrick O’Mahony, and Planning Coordinator Amy Bradshaw.
Consent Calendar
- Approval of Minutes: The minutes from July 20, 2022, July 27, 2022 (special meeting), and August 17, 2022, were approved unanimously (5-0) with no changes or corrections.
Old Business
- Plant Court – 938, 1121, 1125 Montclair Dr: The applicant requested a continuance to October 19, 2022, due to an unstated reason; the city had no objection. The committee voted unanimously (5-0) to continue the item in its entirety.
New Business
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Pine Grove Subdivision – 909 Pine Grove Drive: The applicant, Elisabeth Struckell and Peter O’Brien (Pine Grove Ventures), requested waivers from city technical standards to allow three existing driveways on a 626-foot frontage parcel to remain after subdividing a lot with two existing homes. Three adjustments were sought: (1) relief from the limit of one driveway per 600 feet (three existing), (2) relief from the 230-foot minimum corner clearance (driveway <125 feet from intersection of Crooked Creek Lane), and (3) relief from the 75-foot minimum property line offset (driveway approximately 25 feet from adjacent driveway). Staff recommended conditions. The applicant explained that the driveways have been in use since 1995 and that no changes to density or traffic patterns are proposed. The committee deliberated and voted on each adjustment separately.
- Adjustment #2 (corner clearance): Approved unanimously (5-0) due to site constraints and the driveway being as far from the intersection as feasible.
- Adjustments #1 and #3 (number of driveways and property line offset): Approved conditionally (5-0) with the condition that the applicant remove the southernmost driveway on the 909 property (the one closest to 913 Pine Grove Drive) and reduce the number of driveways for 909 from two to one, while allowing reconfiguration of the remaining driveway to meet technical standards.
- Preliminary Plan: Approved conditionally (5-0) with staff’s recommended conditions (corrected to reference the “preliminary plan” instead of “change of use plan”) and the additional condition from the adjustments above.
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Proximity at Watermark – 4126 River Road: The applicant requested a continuance due to a communication mix-up between client and counsel, leaving them unprepared to present. The committee voted unanimously (5-0) to continue the item to the October 19, 2022, meeting.
Key Outcomes
- All three sets of minutes approved (5-0).
- Plant Court continued to October 19, 2022 (5-0).
- Pine Grove Subdivision adjustments #2 approved unconditionally (5-0); adjustments #1 and #3 approved with condition to remove one driveway (5-0); preliminary plan approved with conditions (5-0).
- Proximity at Watermark continued to October 19, 2022 (5-0).
Meeting Transcript
We're ready. All right, I'm going to call the uh again, the design adjustment committee to order. Um, before we get started, I need to read the introduction. The design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specification manual, building design and material standards, and subdivision standards. The design adjustment committee does not consider the 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 it's like a court hearing, and the committee's decisions are constrained 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 the 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 thirty days of the committee's decision. Appeals are set for hearing before the Board of Adjustment within thirty days, or as soon thereafter as practicable. Because witnesses are to provide sworn testimony, please focus on the facts and standards, not personal preference or opinion. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Do we have to approve those individually? If there are any edits suggested, that would be my suggestion. If there aren't any, I don't have a problem with you doing them as a group. Are there any edits to any of the three meeting minutes? I guess the 20th, the special meeting on the 27th, and then the last meeting, which was August 17th to the three. I didn't see any. I have none. Okay. Do we have a motion? So moved. I'll second. All in favor of approving all three minutes. Say aye. Aye. Opposed. All right. Um do we have to take action on the first item, the plant court. Do we have to continue it or is that automatically happening? Yes, sir. It would need to be continued to that date certain. If that's acceptable with the committee. Certainly acceptable to me. Yes. I'll make a motion that we have we have to vote on that. Yes, sir. Okay. I'll make a motion that we uh we continue that item to the October 19th meeting. Second. All in favor say aye. Aye. Opposed? Okay. So that brings us to the second item, which is the Pine Grove subdivision. Is there a staff presentation? Thank you, Mr. Chair and members of the DAC.
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