Wilmington Board of Adjustment Meeting – February 16, 2023

The Wilmington Board of Adjustment met on Thursday, February 16, 2023, at 1:00 p.m. in City Council Chambers at the Skyline Center. The meeting lasted approximately one hour and covered five variance requests, including continuances, approvals, and a denial, as well as the election of new officers.

Consent Calendar

• Approval of minutes from the January 19, 2023 meeting was approved unanimously (5-0).
• Continuance of Item 1 (108 S 2nd Street) – Variance for electric power line location in the Central Business District. The applicant requested a continuance to April 20, 2023, to work toward a solution with staff. Approved unanimously (5-0).
• Continuance of Item 2 (301 Toulon Drive) – Variance for maximum accessory structure square footage for a detached ADU. The applicant requested a continuance to March 16, 2023. Approved unanimously (5-0).

Public Comments & Testimony

• Item 4 (1601 S. College Road – Billboard variance): Anna Patsalos, a neighboring property owner, spoke in opposition. She stated that the proposed billboard would be less than 200 feet from residential properties and expressed concern about traffic distraction and interference with an existing tenant sign. She noted that the applicant had previously approached her for approval, which she declined, preferring to follow city rules.

Discussion Items

• Item 3 (460 S. College Road – Landscaping variance for Rooms To Go): Staff presented the request for variances to streetscape and parking lot landscaping requirements along South College Road and Randall Parkway. The applicant, represented by attorney Amy Schaefer and landscape architect Dan Danvers, explained that right-of-way takings by NCDOT and the City had left utilities close to the property line, making compliance difficult. They proposed a reduction in canopy and understory trees, but an increase in grasses and perennials (e.g., 22 grasses and 250 perennials along S. College Road; 45 grasses and 403 perennials along Randall Parkway). The board discussed the existing crape myrtles (in the right-of-way) and sign compliance. Chairman Moore noted the property’s tight conditions and utility conflicts. The motion to approve the variance carried 4-1, with board member Monroe voting no.
• Item 4 (1601 S. College Road – Billboard separation variance): Staff outlined the applicant’s request for a variance of 37 feet (later noted as 42 feet due to a residential sliver on an adjacent lot) from the required 200-foot separation from residentially zoned property. The applicant, Grey Outdoor (represented by Amy Schaefer and Grey Vick), argued that the receiving zone is appropriate, the adjacent Longleaf Park is deed-restricted for park use, and the residential sliver is small. A neighbor, Anna Patsalos, opposed. The board discussion focused on the four findings of fact: members saw no practical hardship, considered the situation self-created, and noted the property may simply be unsuitable. A motion to deny the variance passed unanimously (5-0).
• Item 5 (1802 S 17th Street – Floodplain variance for Spark Academy): Board member Hovis recused himself; alternate member Newman took his place. Staff described the property in a Special Flood Hazard Area (AE zone, base flood elevation 16.4 feet) where a substantial improvement triggered the city’s two-foot freeboard requirement. The existing finished floor elevation is 18.0 feet, so the applicant requested a variance of 0.4 feet to allow the renovation to proceed without raising the floor. Attorney Amy Schaefer and contractor Zack Messick explained that the project is an adaptive reuse for an early childhood education center serving an underserved community, and that raising the building would be cost-prohibitive. Staff confirmed no expansion of footprint or work in the floodway. The board agreed the four findings of fact were met. The motion to approve the variance carried unanimously (5-0).

Key Outcomes

• Item 3 (460 S. College Road): Approved 4-1 (Monroe opposed).
• Item 4 (1601 S. College Road): Denied 5-0.
• Item 5 (1802 S 17th Street): Approved 5-0.
• Election of Officers: Jeff Hovis was elected Chair (5-0); Patrick Moore was elected Vice-Chair (5-0). The meeting adjourned at approximately 2:00 p.m. The next regular meeting is scheduled for March 16, 2023.