Wilmington Board of Adjustment Meeting – December 15, 2022
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Wilmington Board of Adjustment Meeting – December 15, 2022
The Wilmington Board of Adjustment held a regular meeting on Thursday, December 15, 2022, beginning at 1:02 p.m. in City Council Chambers at the Skyline Center. Chairman Patrick Moore presided. The meeting covered three old‑business items—all continued to future dates—and one new‑business floodplain waiver request, which was approved unanimously after a public hearing and board discussion.
Old Business (Continued Items)
- 4202 Peachtree Avenue – Appeal of interpretations and determinations made in a Notice of Violation and Civil Citations (BACEO‑7‑122). The applicant requested a continuance, and the board voted 5‑0 to move the item to the January 19, 2023 meeting.
- 6120 Oleander Drive – Variance to open space requirements for a mixed‑use development in the CB(CD) district (BADV‑15‑922). Staff and the applicant are working on a related text amendment. The board voted unanimously (5‑0) to continue the matter to the March 16, 2023 meeting.
- 605 Eastwood Road, 3 Cardinal Drive, and 7 Cardinal Drive – Variance to the location of accessory use for fuel pumps and streetscape landscaping for a convenience store and gas station (BADV‑10‑822). The board voted 5‑0 to continue the item to the January 19, 2023 meeting.
New Business
- 5309 Petrel Court – Floodplain Waiver (BAVFPP‑2‑1222)
The applicant requested a waiver of 1.5 feet from the city’s two‑foot freeboard requirement for a non‑substantial addition to a home located in a Special Flood Hazard Area. The property is in FEMA flood zone AE with a base flood elevation of 12 feet. The City of Wilmington’s higher standard requires an elevation of 14 ft (BFE + 2 ft freeboard). The existing house has a top‑of‑crawlspace elevation of 8.4 ft and a next‑higher floor at 12.5 ft, which meets FEMA standards but not the city’s stricter requirement.
During the evidentiary hearing, the applicant (resident Sarah Perry) explained that the waiver only applies to a small first‑floor office (approx. 9 ft × 12 ft) that will provide structural support for the room above; the remainder of the addition is on the second floor. No members of the public spoke in favor or opposition. Board members noted the proposal meets FEMA standards and would keep flooring contiguous, and Chair Moore stated he had visited the site and found its low topography consistent with the request.
Vote: The board unanimously (5‑0) granted the floodplain waiver based on the 11 findings of fact.
Other Business / Administrative Items
- Board members expressed a preference for receiving hard‑copy (“notebook‑style”) meeting packs rather than digital documents. Staff agreed to accommodate the board; no formal vote was taken.
- The 2023 meeting calendar will be presented for approval at the January 19, 2023 meeting (all dates remain the third Thursday of each month).
- Parking decals were distributed.
The meeting adjourned at approximately 1:34 p.m.
Meeting Transcript
But there's no way I could say it's because we already got the two things. It's too easy. I don't know if we can see the match. I want to see a large we have to swear. It's a fun place. You know what? I don't have my notebook, so I don't even have what I'm supposed to read about variances. I always had a notebook where I could read it. Why are you looking for that? Do you want to go ahead and swear in all the witnesses that we have here today while we're waiting? And Tyler, I believe, since you're new, they need to swear you in too. Make sure you're an honest dude. All right. This afternoon, we're gonna swear in Tyler Newman, who is a new alternate member for the Board of Adjustments. So Tyler, if you could just stand up and raise your right hand. I'm gonna read your oath and then at the end you'll answer. Okay. I, Tyler Newman, having been duly appointed as a member of the Wilmington Board of Adjustment, do solemnly and sincerely swear that I will support and maintain the Constitution and laws of the United States, that I will be faithful and bear true allegiance to the state of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof, and then I will endeavor to support, maintain, and defend the constitution of said state not inconsistent with the constitution of the United States, to the best of my knowledge and ability. Thank you. At this time, I also swear in staff, applicants, and any members of the public who wish to speak this evening or this afternoon. If you all could please stand up. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Okay. Thank you. Chairman Moore, if if I may, um read the introduction on your behalf. Absolutely. Thank you. Hearings before the board of adjustment are quasi-judicial in nature. Decisions of the board are based on the record of these proceedings to grant a variance and to reverse or uh modify the decision of a staff member requires a concurrent vote of four members of the board. I'm sorry, to grant a variance requires a concurrent vote of four members of the board, which is the request that's going to be here before you. Evidence submitted to the board for review becomes part of the record. Appeals of board decisions are to superior court and are based on this record. Appeals must be filed within 30 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 wish to testify in a case are sworn as witnesses. Mr. Chairman, just to clarify, and Ms. Thurston, this this is a floodplain waiver, correct? Not a variance. And so it is going to require a simple simple majority, and you will not have to follow the um four findings of fact that are with a traditional variance. This is a floodplain waiver. We're trying to use waiver more than variance because it can be confusing. Okay, thank you. Uh the first order of business before us today is 4202 Peachtree Avenue, and the applicant is requested to continue this item. Is the continuance uh through January 19 or beyond? Do we have a motion to continue the item to January 19? I'll make a motion to continue to January 19th. The second. Second. All in favor?
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