This summary reflects the meeting timestamp 2023-03-17 20:15:00+00:00. The minutes and transcript date the proceedings as March 16, 2023, 1:01 p.m. to approximately 5:09 p.m., in City Council Chambers, 102 North 3rd Street, Wilmington, NC. The Board of Adjustment heard variance requests, an appeal continuation, and public testimony; decisions were governed by the four findings of fact for variances under the City's Land Development Code. No separate agenda was provided in the source materials.
Note: The minutes contain a scrivener's error describing the 3-2 denial on Item 5 as unanimously; the recorded vote was 3-2.
Casey, are you okay? Ready to go? All right. We're gonna call to order the Board of Adjustments meeting for Thursday, March 16th, 2023. It is 101. Before we start, um, and I will ask everyone, this is the first meeting I've had to share, so it's the biggest crowd I've had to deal with for a little while. So I appreciate your patience and understanding before this. But before we started, I have to read an introduction to 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 requires a concurrent vote of four-fifths of the members of the board. To reverse or modify the determination of administrative officials require requires a simple majority. Evidence submitted to the board for review become part of the record. Appeals for the board's decisions are to the superior court and are based on the 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 the rules of procedure. Those are those who want to testify in a case are sworn as witness. The chairperson will recognize who has who wants to testify or their attorney or representation for evidence during the hearing. To ensure that all testimony is properly recorded, please come forward to the address of the board. State your name, address, and speak clearly. All right, before we get started, we need to swear in all those that will be speaking today. All right. I'm gonna ask everyone to stand staff, applicants, member of the public that think they'll speak or may wish to speak. Um do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. All right. Thank you. Um the next the item on our agenda is the approval of the minutes from the February 16th, 2023 meeting. I would entertain a motion. I'll make a motion we approve the minutes. Is there a second? I'll second. All those in favor say aye. Aye. Anyone opposed, those are approved. We'll move on to old business. It's related to 301 tail and drive. I believe the this is a request is being withdrawn at this time. I'll read it. Has requested to withdraw this item. All right. Make a motion to withdraw item one, three zero one, two line drive. Is there a second? I'll second. All those in favor? Aye. Anyone opposed? That passes. Before we move on, I'll refer to Yes, sir. We have an um an uncontested continuance request at item nine, 1601, South College Road. Um, the applicant's attorney is present.