City of Wilmington Board of Adjustment Meeting - October 20, 2022
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City of Wilmington Board of Adjustment Meeting - October 20, 2022
The Board of Adjustment held a regular meeting on October 20, 2022 at 1:02 PM in City Council Chambers. Due to only four members present (Chairman Patrick Moore, Board Members Jeff Hovis, Jess Johnson, and Alternate Graham Mitchell), all decisions required a unanimous vote. The meeting considered several variance requests and continuances, approving all items unanimously.
Consent Calendar
- Approval of Minutes (September 15, 2022): Approved unanimously 4-0.
Continuances Granted
All continuances were to the November 17, 2022 meeting, each approved unanimously (4-0):
- 4202 Peachtree Avenue – Appeal of interpretations and determinations made in Notice of Violation and Civil Citations.
- 2201 Sterling Place – Variance for swimming pool and accessory structure locations.
- 4003 Park Avenue – Variance to convert nonconforming accessory building into accessory dwelling unit.
- 1541 Eastwood Road – Variance to foundation plantings requirements for a mixed-use development.
Discussion Items
1. 938, 1121 & 1125 Montclair Drive – Variance to right-of-way improvement requirement (BADV-8-822) Staff presented that the applicant sought a variance from the requirement to improve a 330-foot portion of Montclair Drive right-of-way adjacent to a proposed 10-lot subdivision (originally 13 lots). The applicant argued the portion would be dedicated as permanent open space containing wetlands. The public speaker (Kirra Beitel, resident of 917 Montclair Drive) expressed support, stating neighbors did not want the road connection due to wetland and traffic concerns. The board unanimously voted to approve the variance (4-0), finding it met the four findings of fact.
2. 4515 Fountain Drive – Variance to wireless tower height (BADV-16-1022) Staff detailed that the applicant sought a 34-foot variance to allow a 150-foot monopole tower in the Community Business District (base allowance 116 feet). The applicant (Tom Johnson, attorney for Skyway Towers) argued that a taller tower improves coverage and reduces the number of towers needed, consistent with city policy promoting co-location. No public comments. The board unanimously approved the variance (4-0), preferring a taller monopole over additional towers.
3. 925 North 4th Street – Variance to building height and setback requirements (BADV-18-1022) Staff explained that the applicant (MedNorth Health Center) sought a 14-foot height variance (allowing a 10-foot addition instead of 24 feet) and two setback variances (90 feet from side street and 220 feet from primary frontage) to add a 100-square-foot walk-up pharmacy window. The representative (Josh McGhee) emphasized the addition serves an underserved community and must be attached to the existing building. No public comments. The board unanimously approved the variance (4-0), noting it was limited to this specific addition.
Key Outcomes
- All decisions were unanimous (4-0) as required due to the reduced board membership.
- Four items were continued to November 17, 2022.
- Three variance requests were approved: Montclair Drive (right-of-way), Fountain Drive (tower height), and 925 N 4th Street (building height and setback).
- The next regular meeting is scheduled for November 17, 2022.
- The board welcomed new Assistant City Attorney Whitley Stavish.
Meeting Transcript
I'd like to call the October twentieth meeting of the Board of Adjustment to order, please. Hearings before the Board of Adjustment are quasi-judicial in nature. Decisions of the board are based on the record of these proceedings. Grant of variance requires a concurrent vote of four-fifths of the members of the board. To reverse or modify the determination of an administrative official requires a majority vote of the board. Evidence submitted to the board for review becomes part of the record. Appeals of board decisions are to Superior Court and are based on the record. Appeals must be filed within thirty days of the date of the filing of the board's order in the planning division. A hearing before the board is conducted in accordance with its rules of procedure. Those who want to testify in a case are sworn as witnesses. Item two, two two zero one Sterling Place. The applicant has requested a continuance to the November 17th, 2022 meeting date. Do we have a motion? Motion to continue. Second. All in favor? Aye. Aye. Come back to item three, item number four, four zero zero three park avenue. The applicant has requested a continuance to the November 17th meeting. Do we have a motion? I'll motion. Second. All in favor? Aye. Item five, 1541 Eastwood Road. The applicant has requested a continuance to the November 17th, 2022 meeting date. Do we have a motion? Second. Second. All in favor? Aye. Our first order of business today after those is item three, which is 938, 1121, and 1125 Montclair Drive. Good afternoon, Commissioners. I'll be presenting this case for 938, 1121, 1125 Montclair Drive. On July 6, 2022, planning staff accept an application for a variance to the improvements required to the right-of-way adjacent to a proposed subdivision. Variance requested is to a 330-foot portion to the north of the PRO's plant court cottages that would connect to Cedar Avenue. Subject property area is approximately 113,286 square feet or 2.6 acres. Applicant has proposed rezoning the parcels from R 10 to R5 conditional district to support the development of what was originally 13 single family dwelling units and the applicant will propose a new plan with 10 dwelling units. The rezoning is scheduled for review by the planning commission. But that will be at the November meeting. On July 6, 2022, planning staff accept an application for a variance. Improvements required to the right of way adjacent or proposed division. Variance requested is to a 330-foot portion to the north of proposed plant court and cottages that would connect to Cedar Avenue. Land development code section 18-495 B1 requires that when a lot or lots within a subdivision abut on an existing public street, highway, or thoroughfare, the developer shall be responsible for the installation and improvement of the portion of the right-of-way adjacent to the subdivision. Applicant has requested a variance to the right-of-way improvements required under land development code, section 18495 B1 for an approximate 330-foot portion to the north of proposed subdivision. Applicant states that the front is requested for waiver or improvements is solely along an area of the project that will be dedicated as permanent open space and contains jurisdictional wetlands. Um and north of that is uh uh wetlands. See, it's it's been determined by a survey of the wetlands that impact their development and then a prior wetland delineation. Um this would uh have the development stop at the last parcel there, and everything to the north of that would be open space.
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