Wilmington Board of Adjustment Meeting Summary – May 18, 2023

The Wilmington Board of Adjustment met on Thursday, May 18, 2023, at 1:01 p.m. in City Council Chambers to hear and decide on multiple variance appeals and an appeal of a notice of violation. The meeting was called to order by Chairman Jeff Hovis, who left at 3:30 p.m., and Vice-Chairman Patrick Moore presided over the remainder. The board approved minutes, continued one item, granted several variances, denied one variance, upheld a zoning administrator determination, and accepted a withdrawal. All votes were conducted with a full complement of members present.

Consent Calendar

• Approval of Minutes (April 20, 2023): Motion by Scott Monroe, seconded by Jess Johnson. Passed unanimously (5-0).

Public Comments & Testimony

• Item 2 – 2346 Carolina Beach Road (Starway Village): No public speakers in favor or opposition during the evidentiary hearing. The board reopened the hearing to question the applicant about alternative pond layouts.
• Item 3 – 307 N. Front Street (Cotton Exchange): Christina Haley (Wilmington Downtown Inc.) spoke in favor, noting the sign would improve wayfinding and complement facade improvements.
• Item 4 – 5417 Park Avenue: No public comments; the applicant's attorney presented.
• Item 5 – 5709 Wrightsville Avenue (Appeal): Applicant Paul Czesak and homeowner Linda Moore spoke, arguing that the sick trees (lichen-infested cherry trees) were removed in good faith, that 7 new live oaks were already planted ($25,500 value), and that the 32 homeowners (mostly retirees on fixed incomes) face financial hardship from the fine and mitigation. They requested reduced mitigation and fine. Multiple residents raised hands indicating they were present at the HOA meeting. City staff noted that fitness tree service has a history of removing trees without permits.
• Item 7 – 1227 S 3rd Street: Andrea Arth (downtown resident) and Ryan Horne (business owner) spoke in favor, supporting the need for off-street parking. Diane Ferris (neighbor on Simon Street) questioned the impact on her backyard; the applicant responded that the Kidder Street access would be less obtrusive than alley access.
• Item 8 – 136 Skystasail Drive: Attorney Seth Buskirk and several neighbors (Burrows Smith, Harry Archer, Pamela Maureen) spoke in opposition, arguing the hardship was self-created (house built far back), the pool would damage an adjacent 30-inch specimen live oak, violate HOA covenants, and not meet any variance criteria. Applicant's representative Mike Gavrillen (MJ Pools) argued that only a small front-yard location was viable and that he would protect the tree.
• Item 9 – 109 Giles Avenue: No public comments; the applicant's representative explained the tree's central location prevented design alternatives.

Discussion Items

• Item 1 – 1601 South College Road (Appeal): Applicant requested continuance to July 20, 2023, to work with city legal staff. Motion to continue carried 5-0.
• Item 2 – 2346 Carolina Beach Road (Starway Village): Staff presented that a 32.5-inch live oak (specimen tree) and other significant trees required removal for stormwater pond placement. The applicant sought a variance for tree removal and waiver of all mitigation fees (424 caliper inches, $74,200). Board members debated the tree's significance and the project's affordable housing nature (278 workforce units, with state/city funding). After reopening the hearing, the applicant confirmed no viable alternatives due to topography, state parking requirements, and funding timelines. Staff noted a pending fee schedule amendment for city-supported affordable housing (effective July 1, 2023 if approved). Motion to approve with condition to work with city staff to reconfigure pond and save tree. Passed 5-0.
• Item 3 – 307 N. Front Street (Cotton Exchange): Variance to allow a 50 sq. ft. projecting sign (exceeds 15 sq. ft. allowed by 35 sq. ft.) and placement above ground floor. Applicant argued the sign would serve as a landmark for the historic multi-tenant building. Board discussion focused on the sign's size, historic nature, and precedent. Graham Mitchell suggested scaling down but did not oppose. Motion to grant variance passed 4-1 (Mitchell dissenting).
• Item 4 – 5417 Park Avenue: Variance to convert existing 1,049 sq. ft. garage into ADU; code allows 712.5 sq. ft. based on primary structure (1,425 sq. ft.). Applicant emphasized the existing structure predates the code, the ADU is permitted use, and the city's comprehensive plan encourages ADUs. Board noted adequate parking (stacked driveway). Motion to grant variance passed 5-0.
• Item 5 – 5709 Wrightsville Avenue (Appeal of Notice of Violation): Staff confirmed 9 cherry trees (7 to 13 inches each) were removed without permits. The 130.5 caliper-inch mitigation and $4,450 fine were issued. The board's role was limited to three questions: Were trees removed? Was a permit required? Did staff err? The board upheld the zoning administrator's determination. The applicant may negotiate settlement with city manager's office. Motion to uphold passed 5-0.
• Item 6 – 3305 Princess Place Drive: Applicant withdrew variance request. Motion to withdraw passed 5-0.
• Item 7 – 1227 S 3rd Street: Variance to allow parking lot access from Kidder Street instead of required Simon Street (classified as alley). Applicant argued that alley is a low-drainage point requiring expensive engineering, and alley access would increase impervious area beyond 10,000 sq. ft. triggering underground stormwater retention, and lose 6 parking spaces. Board noted the site's unique topography and that Kidder access is safer. Motion to grant variance passed 5-0.
• Item 8 – 136 Skystasail Drive: Variance to place inground pool and accessory structure (later dropped) in front of principal structure. Staff showed property is in flood zone VE-14 and surrounded by conservation resource; proposed pool would encroach 23.48% into setback. Opponents argued no peculiar hardship (self-created), potential harm to adjacent specimen live oak, and violation of HOA covenants. Board found no hardship and denied variance. Motion to deny passed 5-0.
• Item 9 – 109 Giles Avenue: Variance to remove a 30-inch live oak (specimen tree) to develop two residential lots. Applicant argued tree is centrally located, cannot be avoided, and its health would be compromised even if preserved. Mitigation of 60 caliper inches (200%) would be planted. Board found the request reasonable, noting the development is not overbuilt and mitigation is satisfactory. Motion to grant variance passed 5-0.

Key Outcomes

• Continued to July 20, 2023: Item 1 (1601 South College Road).
• Withdrawn: Item 6 (3305 Princess Place Drive).
• Approved Variances: Items 2 (with condition to work with staff), 3 (4-1), 4, 7, 9 (all 5-0).
• Denied Variance: Item 8 (136 Skystasail Drive) (5-0).
• Upheld Zoning Administrator Determination: Item 5 (5709 Wrightsville Avenue) (5-0); applicant may negotiate mitigation with city manager's office.
• Next Meeting: Thursday, June 15, 2023, at 1:00 p.m.