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Record of Proceedings

Wilmington Board of Adjustment Meeting – April 20, 2023

Board of Adjustment — Thursday, April 20, 2023
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, April 20, 2023
StatusFILED
Video Record
0:00 / 18:12

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
3:46

Do you guys want to go ahead and start present?

3:52

It is unclear as to whether or not we have an applicant.

3:56

And um, since the applicant was the seventh.

3:59

Okay.

3:59

Mr.

4:00

Beckley.

4:01

Okay.

4:01

Thank you.

4:02

Um I believe we can go ahead and begin.

4:06

Okay.

4:07

All right.

4:07

We'll go ahead and call to order the Board of Adjustments meeting for Thursday, April twentieth.

4:13

It is one oh four.

4:16

Before we start, we'll read the board Board of Adjustment.

4:21

Um, quasi judicial in nature.

4:25

Decision of the boards are based on the record of these proceedings.

4:32

The members of the board to reverse or modify the determination of administrative official requires simple majority.

4:39

Evidence submitted to the board for review becomes part of the record.

4:42

Appeals of the board's decision are to Superior Court and based on the record.

4:47

Appeals must be filed within thirty days of the date of the filing of the board's order in the planning division.

4:58

Those who want to testify in cases are sworn as witnesses.

5:01

The chairperson will recognize those who want to testify or their attorneys are represent or for their presentation of evidence during the hearing to ensure all testimony is properly recorded.

5:11

Please come forward to address the board, state your name, address, and speak clearly.

5:16

So the before we go forward, I guess we'll swear in those that will be uh presenting evidence.

5:23

All right.

5:23

Uh staff, applicants, member of the public that wish to speak, raise the right hand.

5:27

Do you swear that testimony you're about to give is the whole truth?

5:30

The whole truth.

5:31

Wait, is the truth, the whole truth, and nothing but the truth.

5:35

Thank you.

5:37

All right, we'll continue on the agenda.

5:40

Next item is the approval of the minutes from the March 16th, 2023 meeting.

5:48

Is there a second?

5:49

I'll second.

5:50

All those in favor say aye.

5:51

Aye.

5:52

Anyone opposed?

5:53

Those pass.

5:54

Next, we'll move on to old business regarding 6120 only and or drive.

6:00

Uh this item was resolved outside of the board of adjustment, and the applicant has requested to withdraw from the agenda.

6:07

All right.

6:08

I'd like to make a motion that we withdraw item one 6120 only under draft.

6:12

I'll second.

6:13

All those in favor say aye.

6:15

Aye.

6:16

We'll move on to the next item 108 South 2nd Street.

6:21

This item has also been resolved outside of the hearing.

6:24

Um the applicant will be burying the power lines as required by city code, and so they have requested to withdraw this item.

6:31

I'd like to make a motion to withdraw item two, 108 South 2nd Street.

6:35

Second.

6:36

All those in favor say aye.

6:37

Aye.

6:38

Anyone that passes, we'll move on to new business.

6:41

Now we have four in a row that are all going to be continued, so we'll just do one at a time.

6:47

Yes, sir.

6:47

Um items three through six have requested a continuance to the May 18th meeting in hopes that they'll have a full complement of the board present for their items.

6:57

I believe that we can consider that request if we name off the address of each of them.

7:01

I think we can consider them all together unless for whatever reason there's one that you would not want to continue.

7:06

Okay, I would entertain a motion to continue item number three for 136 uh Skysdale Drive, number four, two three four six Carolina Beach Road, number five, three oh seven North Front Street, number six, five four one seven Park Avenue.

7:24

Make a motion that we continue items three, four, five, and six to the May 18th Board of Adjustment Meeting.

Discussion Breakdown — Share of Meeting
Procedural██████████████████████████████████████████42%
Parking Management██████████████████████████████████████38%
Zoning And Land Use████████████████████20%
Summary of Proceedings

Wilmington Board of Adjustment Meeting – April 20, 2023

The Wilmington Board of Adjustment convened at 1:04 p.m. on Thursday, April 20, 2023, in City Council Chambers to consider variance requests. The meeting lasted approximately 14 minutes and included the approval of minutes, withdrawal of two old business items, continuance of four new business items, and a public hearing and approval of one parking location variance.

Consent Calendar

  • Approval of Minutes (March 16, 2023): Approved unanimously (4-0).

Old Business

  • 6120 Oleander Drive (BADV-15-922): Withdrawn by applicant. Motion to withdraw passed 4-0.
  • 108 S 2nd Street (BADV-29-123): Withdrawn by applicant. Motion to withdraw passed 4-0.

New Business – Continuances

  • Items 3–6 were continued in a single motion to the May 18, 2023, meeting: 136 Skystasail Drive (BADV-47-423), 2346 Carolina Beach Road (Starway Village, BADV-48-423), 307 N. Front Street (Cotton Exchange, BADV-49-423), and 5417 Park Avenue (BADV-50-423). Each continuation carried unanimously (4-0) to allow for a full board.

Discussion Item – Variance for Parking Location (Item 7)

  • Address: 716, 720, 724 S 4th Street and 719 S 3rd Street (BADV-51-423). The applicant sought a variance from Land Development Code Section 18-340(A)(3)(b) to allow parking within 20 feet of a right-of-way and within 35 feet of a block corner in the Urban Mixed-Use (UMX) district.
  • Staff Presentation: Kathryn Thurston, Zoning Administrator, stated the site is a designated brownfield, bounded by three rights-of-way (S. 3rd, S. 4th, and Wooster Street), and that S. 4th and Wooster do not physically connect (confirmed by NCDOT). The applicant proposed tiered parking under the building to minimize soil disturbance. The parking area is completely covered by the building. The variance would allow a unit-to-parking ratio of 1:1, reducing on-street demand.
  • Applicant Testimony: Michael Beckley (1010 Nut Street, Apt. 1212) noted the existing duplex had been demolished. He reported that the Planning Commission had recommended approval of a rezoning and open space payment-in-lieu the previous night. Community meeting feedback highlighted a parking shortage; the new design exceeds a 1:1 parking ratio and maintains a 35-foot by 35-foot sight line at S. 3rd and Wooster. The only variance applied for is at S. 4th and Wooster, where no traffic connection exists. The Design Adjustment Committee had granted a 10% open space waiver, with a $330,000 payment-in-lieu to Parks and Recreation.
  • Board Discussion: Board members agreed the property’s brownfield status and the lack of a street connection create a practical difficulty. The parking is within the building footprint, aligning with the UMX district’s intent and supporting public safety. The variance was deemed consistent with the spirit of the code.
  • Motion and Vote: Board Member Monroe moved to approve the variance; Vice-Chair Moore seconded. The motion carried 4-0.

Key Outcomes

  • Approved March 16, 2023, meeting minutes (4-0).
  • Withdrew two old business items (4-0 each).
  • Continued four new business items to May 18, 2023 (4-0).
  • Approved variance for parking location at 716-724 S 4th St and 719 S 3rd St (4-0).
  • Meeting adjourned at approximately 1:18 p.m. The next regular meeting is scheduled for Thursday, May 18, 2023.

Meeting Transcript

Do you guys want to go ahead and start present? It is unclear as to whether or not we have an applicant. And um, since the applicant was the seventh. Okay. Mr. Beckley. Okay. Thank you. Um I believe we can go ahead and begin. Okay. All right. We'll go ahead and call to order the Board of Adjustments meeting for Thursday, April twentieth. It is one oh four. Before we start, we'll read the board Board of Adjustment. Um, quasi judicial in nature. Decision of the boards are based on the record of these proceedings. The members of the board to reverse or modify the determination of administrative official requires simple majority. Evidence submitted to the board for review becomes part of the record. Appeals of the board's decision are to Superior Court and 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. Those who want to testify in cases are sworn as witnesses. The chairperson will recognize those who want to testify or their attorneys are represent or for their presentation of evidence during the hearing to ensure all testimony is properly recorded. Please come forward to address the board, state your name, address, and speak clearly. So the before we go forward, I guess we'll swear in those that will be uh presenting evidence. All right. Uh staff, applicants, member of the public that wish to speak, raise the right hand. Do you swear that testimony you're about to give is the whole truth? The whole truth. Wait, is the truth, the whole truth, and nothing but the truth. Thank you. All right, we'll continue on the agenda. Next item is the approval of the minutes from the March 16th, 2023 meeting. Is there a second? I'll second. All those in favor say aye. Aye. Anyone opposed? Those pass. Next, we'll move on to old business regarding 6120 only and or drive. Uh this item was resolved outside of the board of adjustment, and the applicant has requested to withdraw from the agenda. All right. I'd like to make a motion that we withdraw item one 6120 only under draft. I'll second. All those in favor say aye. Aye. We'll move on to the next item 108 South 2nd Street. This item has also been resolved outside of the hearing. Um the applicant will be burying the power lines as required by city code, and so they have requested to withdraw this item. I'd like to make a motion to withdraw item two, 108 South 2nd Street. Second.

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