Wilmington Board of Adjustment Meeting

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.

Consent Calendar and Procedural Approvals

• Minutes of February 16, 2023, were approved 5-0.
• 301 Toulon Drive (BADV-35-223): withdrawn by the applicant; withdrawal approved 5-0.
• 1601 South College Road (BACEO-4-323): outdoor advertising sign separation appeal continued by consent to the May 18, 2023, Board of Adjustment meeting; motion carried 5-0.

Public Comments & Testimony

• 2030 Bay Colony Lane: No public speakers appeared; applicant Dan Levine testified about the unique, irregular lot shape.
• 715 Greenfield Street: No public speakers appeared; applicant/property manager George Taylor cited $12 million in renovations, a prior fence on the site, and safety concerns including gun violence and the nearby homeless community.
• 917 N 5th Avenue: No public speakers appeared; applicant Marijean McCarthy Biles described the odd narrow/shallow lot and the blank wall of the building behind.
• 1320 Independence Boulevard: Multiple neighbors spoke in opposition. Robert Keith, a 15-year resident, cited traffic, privacy, and neighborhood opposition; Christine Hughes, a 17-year city long-range planner and primary author of the comprehensive plan and new land development code, said her backyard abuts the tract, called the height increase incompatible, and saw no material code conflict; Robert Ruffner, adjacent since 1985, cited privacy, property value, and traffic; David Sneeden, a 13-year resident, cited restrictive covenants and neighborhood character; Leo Warshana cited solar-panel shading; and Will Gammons said he would not have bought his home if the development were shown behind it. Attorney Grady Richardson, representing adjacent owners and about 70 additional nearby properties, argued the applicant had no legal hardship and was seeking an improper legislative rezoning.
• 223 Keaton Avenue: No public speakers appeared; applicants' attorney Matt Nichols and surveyor Stuart Benson presented topography and survey evidence.
• 8109 Masonboro Sound Road: Adjacent owner Clint Blackburn opposed the variance, saying it would obstruct his view and affect light, sound, and the use of his home.
• 906 S 8th Street/718 Dawson Street: No public speakers appeared; property owner Rodney Williams described the proposed mixed-use project as intended to provide affordable housing and on-site parking.

Discussion Items

• 2030 Bay Colony Lane (BADV-39-323): Request for a 5-foot rear setback variance and 10-foot perimeter buffer variance in R-20(L) for an addition. Staff noted the 11,572.10 sq ft lot, 2,096 sq ft home, required 30-foot buffer, and changed code context. The board found the irregular lot met the findings of fact; approved 5-0.
• 715 Greenfield Street (BADV-40-323): Request to allow an approximately 8-foot 2-inch fence in the UMX front setback, a 4-foot 2-inch variance from the 4-foot fence height limit. Board members split, with concerns about precedent and compatibility versus the site's security context; the motion to approve failed 3-2, so the variance was denied.
• 917 N 5th Avenue (BADV-41-323): Request for a 7-foot rear setback variance in R-3 to build an 816 sq ft home with an 8-foot rear setback, plus porch encroachment. The board found the ABC Alley easement and unusual 45-foot lot depth created hardship; approved 5-0.
• 1320 Independence Boulevard/Parcel R05420-003-003-000 (BADV-42-323): Request for a 5-foot height variance, from 35 to 40 feet, in R-15 to allow smaller-footprint three-story townhomes and preserve more regulated trees. Staff cited approximately 2,600 regulated trees; by-right development would remove about 1,408 trees, while the reduced footprint could preserve about 903. The board first denied the neighbors' continuance request 4-1, then voted 3-1 to let alternate Tyler Newman serve despite objections based on his neighborhood residence and service with the applicant on a business advocacy board. On the merits, the board found the applicant failed to show all four findings of fact; the variance was denied 3-2.
• 223 Keaton Avenue (BADV-43-323): Request for a 3-foot variance to the accessory structure height limit after a survey showed the accessory garage was 3 feet taller than the principal structure. The board agreed with staff and applicants that steep topography and reliance on the builder created the hardship; approved 5-0.
• 8109 Masonboro Sound Road (BADV-44-323): Request to place a 490 sq ft accessory structure in front of the principal structure and exceed the maximum of two accessory structures. The 2.3-acre lot had 1,453 sq ft of existing accessory buildings; the applicant said water and sewer extensions to the rear cost over $100,000. Staff identified possible compliant alternatives, including a breezeway or replacing the nonconforming well house footprint; the board denied the variance 5-0 for failure to meet the findings of fact.
• 906 S 8th Street/718 Dawson Street (BADV-45-323): Request for a waiver/egress-only driveway connection on Dawson Street in UMX, where primary-frontage driveways were otherwise prohibited. Staff said the 92-foot lot depth could not support a two-way driveway with parking; the board found the variance improved safety, ADA accessibility, and on-street parking impacts; approved 5-0.

Key Outcomes

• Approved: 2030 Bay Colony Lane; 917 N 5th Avenue; 223 Keaton Avenue; 906 S 8th Street/718 Dawson Street.
• Denied: 715 Greenfield Street; 1320 Independence Boulevard/Parcel R05420-003-003-000; 8109 Masonboro Sound Road.
• Continued: 1601 South College Road to May 18, 2023.
• Withdrawn: 301 Toulon Drive.
• The Board of Adjustment's next regular evidentiary hearing was scheduled for April 20, 2023. Staff also announced quasi-judicial training on May 10, 2023, at Thalian Hall, with the city covering registration costs.

Note: The minutes contain a scrivener's error describing the 3-2 denial on Item 5 as unanimously; the recorded vote was 3-2.