Board of Adjustment Meeting - June 15, 2023

The Wilmington Board of Adjustment met on Thursday, June 15, 2023, at 1:00 p.m. in City Council Chambers. The meeting was called to order by Chairman Jeff Hovis and adjourned at approximately 1:34 p.m. The board considered two variance requests (a third was withdrawn), both approved unanimously.

Consent Calendar

• Approval of Minutes (May 18, 2023): Vice-Chair Moore moved to approve the minutes with corrections to items 2 and 8 (correcting motion-makers). The motion carried 5-0 unanimously.

Public Comments & Testimony

• Item 1 (College Acres Drive): No members of the public spoke in favor or opposition.
• Item 3 (Airlie Road): No members of the public spoke in favor or opposition.

Discussion Items

1. 4742, 4746, 4750 & 4754 College Acres Drive – Tree Preservation Variance (BADV-55-623)

• Staff Presentation (Christopher Hatcher): The four vacant parcels are zoned MD-17(CD) (multi-family residential). The site contains 13 longleaf pine specimen trees (24–27 inches DBH) that require a variance for removal. The applicant proposes 14 dwelling units (4 bedrooms each). Trees are located in building footprints, drive aisles, and stormwater areas. The applicant will engage a certified arborist and attempt to preserve trees #3, #4, #5, #8, #9, and #10, as well as a 39-inch live oak along College Acres Drive (not part of removal). If removed, mitigation at 200% requires planting 646 caliper inches of comparable species. The property was rezoned in February 2023, and the tree preservation variance was missed during that process.
• Applicant (Cindee Wolf, landscape architect): Presented a history of rezoning in 2021 and 2022, noting the new plan reduces density and preserves more trees. Hardship arises from the extensive work already invested. The applicant will use protective measures (e.g., aeration, selective pruning) to maximize survival of trees #8–11. If any cannot be preserved, 200% mitigation or payment-in-lieu will be provided. Ten specimen trees and 19 significant trees will remain on site.
• Board Discussion: Vice-Chair Moore visited the site and found it consistent with surrounding development. Board members expressed appreciation for preserving the live oak. The variance was deemed consistent with the spirit, purpose, and intent of the ordinance.

2. 3334 River Road – Tree Preservation Variance (BADV-56-623)

• Withdrawal: The applicant requested withdrawal because City Council adopted a code amendment removing the need for a variance for specimen trees in the General Industry district. No board action was required; the item was bypassed.

3. 1005 Airlie Road – Accessory Building Variance (BADV-57-623)

• Staff Presentation (Kathryn Thurston): The 37.7-acre property (Oak Point Farms) is a bona fide farm annexed in 1999. The existing accessory dwelling unit (ADU) is 1,066 sq ft (per applicant; tax records show 732 sq ft). The applicant proposes expanding the ADU to 1,459 sq ft (259 sq ft over the 1,200 sq ft maximum). The addition does not increase any setback nonconformity. The Wrightsville Sound Small Area Plan (2011) supports preserving Oak Point Farms. The property could be subdivided by right to allow more dwellings, but the owner wishes to maintain farm status and avoid jeopardizing agricultural tax incentives.
• Applicant (Steve Coggins, attorney): Argued the cottage is dilapidated and needs electrical and plumbing upgrades. The variance would allow continued farm operations without requiring subdivision, which could threaten agricultural property tax benefits. The increase is de minimis (259 sq ft over allowance) and cannot be seen from neighboring properties. All four variance criteria are met: hardship arises from strict application (forcing unnecessary subdivision); conditions are peculiar to this historic farm; hardship is not self-created; and the variance is consistent with comprehensive plan and small area plan, securing public safety and substantial justice.
• Board Discussion: Vice-Chair Moore and Board Member Monroe agreed the proposal is reasonable and meets the four findings of fact. Monroe noted that requiring subdivision would constitute a hardship and the property’s uniqueness fits the criteria.

Key Outcomes

• Item 1 (College Acres Drive): Motion by Vice-Chair Moore to approve the variance based on the four findings of fact. Seconded by Mr. Johnson. Carried 5-0.
• Item 2 (River Road): Withdrawn by applicant; no vote.
• Item 3 (Airlie Road): Motion by Board Member Monroe to approve the variance based on the four findings of fact. Seconded by Mr. Johnson. Carried 5-0.
• Next Meeting: The next regular Board of Adjustment evidentiary hearing is scheduled for Thursday, July 20, 2023.