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Record of Proceedings

Wilmington Board of Adjustment Meeting Summary – May 18, 2023

Board of AdjustmentThursday, May 18, 2023
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, May 18, 2023
StatusFILED
Video Record
0:00 / 3:41:54

Transcript — Verbatim
1:44

We're gonna go ahead and call to order the City of Wilmington's Board of Adjustment meeting for Thursday, May 18th.

1:50

It is 101.

1:54

Um moving forward with the agenda.

1:56

Do you want to change any items on the agenda now or wait?

2:04

Was there gonna be any adjustment to the agenda?

2:07

Uh I believe that the there's been a request to consider moving um one thirty-six skies to sell drive further down the agenda because we have a board member that needs to recuse themselves from this item, and we will have a substitute member for them at 330.

2:25

Additionally, item one, sixteen oh one South College Road.

2:28

They've requested to continue that item to July.

2:30

So the board would need to vote on both of those items.

2:36

My mic's up says that it's on.

2:40

And yeah, now I believe it's just been adjusted.

2:43

Um we'll just go in order.

2:45

Sixteen oh one South College Road, the applicant has requested to continue that item until July.

2:52

All right, we'll we can take those in order and then we'll go for it.

2:55

So um we'll for item number one involves sixteen oh one South College Road.

3:02

There's been a request for continuance on that item.

3:05

Yes, sir.

3:06

That's to allow the applicant time to work with um city's legal staff to potentially settle this matter outside of the board.

3:17

All right, and uh so they're requesting to continue to the July meeting.

3:23

I'm sorry, I'm still having trouble hearing it.

3:24

I don't know if maybe it's just me.

3:34

Okay, I propose a motion that we continue item one, sixteen oh one South College Road to the July twentieth Board of Adjustment meeting.

3:44

For a second?

3:45

I'll second.

3:46

All those in favor say aye.

3:48

Aye.

3:49

Anyone opposed?

3:50

That passes unanimously.

3:52

Move on to item number two.

3:54

And we've talked about one of the board members has requested to recuse themselves from this item.

4:01

Um we currently have five members sitting, so to allow the applicant a full compliment of the board for this item, we would need to wait until an alternate arrives at 3 30 to um fill in.

4:15

Is the applicant present and see if that is acceptable to them?

4:27

I do not see the applicant, but I know that there are several members of the public who are here um with interest in that item.

4:34

All right, we'll go ahead and move item number two to the um be number nine or below number nine.

4:42

And this so we'll move on to you need a motion to change the agenda for the for this purpose.

4:51

I do not believe a motion is necessary.

4:54

I believe that the board can can make that change.

4:56

I mean the board chair.

4:58

Okay.

5:00

And while we're um looking at some of the number seven is going to be withdrawn, we can go ahead and uh with vote on the withdrawal approval of that withdrawal on that item.

5:11

So number seven is involves 3305 Princess Place Drive.

5:16

There's the applicant has requested withdrawal that make a motion that we can uh withdraw item 3305 Princess Place Drive as requested by the applicant.

5:32

There's been a motion, is there a second?

5:34

I'll second.

5:35

All those in favor say aye.

5:37

Uh anyone anyone opposed that passes unanimously.

5:41

Before we continue on, and hear other cases, excuse me.

5:44

Um I was gonna I'm gonna ask uh Patrick if you'll read the board of adjustment introduction for me, please.

5:50

Get my voice hearings before the board of adjustment are quasi-judicial in nature.

5:56

Decisions of the board are based on the record of these proceedings.

5:59

To grant a variance requires a concurrent vote of four-fifths of the members of the board to reverse or modify the determination of an administrative official requires a simple majority.

6:09

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

6:12

Appeals of board decisions are to Superior Court and are based on the record.

6:16

Appeals must be filed within 30 days of the date of the filing of the board's order in the planning division.

6:22

A hearing before the board is conducted in accordance with its rules of procedure.

6:26

Those who want to testify in a case are sworn as witnesses.

6:29

The chairperson recognizes those who want to testify or their attorneys for presentation of evidence during the hearing.

6:35

To ensure that all testimony is properly recorded, please come forward to the address the board, state your name, address, and speak clearly.

6:47

All right, thank you.

6:49

Um we're gonna go back to the approval of the minutes from the April 20th, 2023 meeting.

Discussion Breakdown — Share of Meeting
Tree Preservation███████████████████████████████31%
Zoning And Land Use█████████████████████21%
Procedural█████████████13%
Affordable Housing█████████████13%
Engineering And Infrastructure████████8%
Public Engagement█████5%
Signage Regulations███3%
Parking Management███3%
Historic Preservation██2%
Summary of Proceedings

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.

Meeting Transcript

We're gonna go ahead and call to order the City of Wilmington's Board of Adjustment meeting for Thursday, May 18th. It is 101. Um moving forward with the agenda. Do you want to change any items on the agenda now or wait? Was there gonna be any adjustment to the agenda? Uh I believe that the there's been a request to consider moving um one thirty-six skies to sell drive further down the agenda because we have a board member that needs to recuse themselves from this item, and we will have a substitute member for them at 330. Additionally, item one, sixteen oh one South College Road. They've requested to continue that item to July. So the board would need to vote on both of those items. My mic's up says that it's on. And yeah, now I believe it's just been adjusted. Um we'll just go in order. Sixteen oh one South College Road, the applicant has requested to continue that item until July. All right, we'll we can take those in order and then we'll go for it. So um we'll for item number one involves sixteen oh one South College Road. There's been a request for continuance on that item. Yes, sir. That's to allow the applicant time to work with um city's legal staff to potentially settle this matter outside of the board. All right, and uh so they're requesting to continue to the July meeting. I'm sorry, I'm still having trouble hearing it. I don't know if maybe it's just me. Okay, I propose a motion that we continue item one, sixteen oh one South College Road to the July twentieth Board of Adjustment meeting. For a second? I'll second. All those in favor say aye. Aye. Anyone opposed? That passes unanimously. Move on to item number two. And we've talked about one of the board members has requested to recuse themselves from this item. Um we currently have five members sitting, so to allow the applicant a full compliment of the board for this item, we would need to wait until an alternate arrives at 3 30 to um fill in. Is the applicant present and see if that is acceptable to them? I do not see the applicant, but I know that there are several members of the public who are here um with interest in that item. All right, we'll go ahead and move item number two to the um be number nine or below number nine. And this so we'll move on to you need a motion to change the agenda for the for this purpose. I do not believe a motion is necessary. I believe that the board can can make that change. I mean the board chair. Okay. And while we're um looking at some of the number seven is going to be withdrawn, we can go ahead and uh with vote on the withdrawal approval of that withdrawal on that item. So number seven is involves 3305 Princess Place Drive. There's the applicant has requested withdrawal that make a motion that we can uh withdraw item 3305 Princess Place Drive as requested by the applicant. There's been a motion, is there a second? I'll second. All those in favor say aye. Uh anyone anyone opposed that passes unanimously. Before we continue on, and hear other cases, excuse me. Um I was gonna I'm gonna ask uh Patrick if you'll read the board of adjustment introduction for me, please. Get my voice hearings before the board of adjustment are quasi-judicial in nature. Decisions of the board are based on the record of these proceedings.

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