City of Wilmington Board of Adjustment Meeting - July 20, 2023
City of Wilmington Board of Adjustment Meeting - July 20, 2023
The Board of Adjustment met at 1:04 p.m. on July 20, 2023, in City Council Chambers (Skyline Center per agenda, City Hall per minutes – location discrepancy noted). Chairman Jeff Hovis presided, with members Graham Mitchell and Tyler Newman present. Three members were absent. The meeting adjourned at approximately 1:08 p.m.
Approval of Minutes
- The June 15, 2023, meeting minutes were approved unanimously (3-0) by motion of Mr. Newman, seconded by Mr. Mitchell.
Old Business
- 1601 South College Road – Appeal of Zoning Administrator’s determination on sign separation requirements. The applicant withdrew the item after reaching a settlement with the City Attorney's office. The board unanimously (3-0) accepted the withdrawal.
New Business
- 3714 Wrightsville Avenue – Variance to rear setback in MD-17 district. Continued to August 17, 2023, meeting (unanimous 3-0).
- 525 Ponderosa Drive – Variances to tree preservation. Agenda referenced one specimen tree; minutes and transcript reference three specimen trees. Continued to August 17, 2023 (unanimous 3-0).
- 418 Wooster Street – Variances to parking and driveway location in UMX district. Continued to August 17, 2023 (unanimous 3-0).
Other Business
- BOA Annual Report for FY22-23 – Presented by staff; reviewed attendance, case types, and trends. Approved unanimously (3-0). The report is to be submitted to the City Clerk and City Council.
Key Outcomes
- All votes were unanimous (3-0).
- Withdrawal of item #1 (1601 South College Road) approved.
- Continuation of items #2, #3, #4 to August 17, 2023, approved.
- Annual Report approved.
- The next regular meeting is scheduled for August 17, 2023.
Meeting Transcript
It is uh one o'clock. Are you guys good if we go ahead and start? Or do you need a little time? Okay, sure. The first will be the reading of the statement. Hearings before the Board of Adjustment are quasi judicial in nature. Decision of the boards are based on the record of these proceedings to grant a variance or require concurrent vote of four fifths of the member of the board, four fifths of the members of the board. To reverse or modify determination of an administrative official requires a simple majority. Evidence submitted to the board of re for review becomes part of the record. Appeals of the board decisions are to superior court and are based on the record. Appeals must be filed within thirty days of the filing of the board's order in the planning division. the board uh four fifths of the members of the board to reverse or modify determination of an administrative official requires a simple majority evidence submitted to the board of roof for review becomes part of the record appeals of the board decisions are to superior court and are based on the record appeals must be filed within 30 days of the filing of the board's order in the planning division a hearing before the board is conducted in accordance with the rules of procedure those who want to testify and in a case are sworn as witness witnesses the chairperson recognizes those who can testify or their attorney for presentation of evidence during the hearing to ensure all testimony is properly recorded please for please come forward address the board state your name address and speak clearly all right well we'll move the next item will be the approval of the minutes from the June meeting is we're good with uh just taking a vote with the three of us okay is there a motion to approve the minutes I'll make a motion we approve is there a second I'll second all those in favor say aye aye aye anyone opposed those minutes pass the next item is old business uh it's relates to 1601 South College Road appeal of the zoning administration determination pertaining to the separation requirement for a minimum distance between an outdoor advertising sign and a residential zone property as set forth in city code section 18-393 um this item has been withdrawn yes the item um is being withdrawn because the applicant was able to enter into a settlement agreement with the attorney's office and they no longer need a um need to appeal this item to the board and the and to uh accept that withdrawal we just need a simple majority of who's present all right based on that withdrawal is there a motion to accept to approve I'll make a motion to approve this the second second all those in favor say aye aye any opposed we pass that withdrawals recorded next items are new business item two three four based on our quorum or lack of those items will be continued to the next the August meeting is that correct yes sir um all of the applicants have requested the August 17th 2023 meeting all right so we just need a motion just to approve that is there a motion to move those to the August 17th meeting uh make a motion to move those to the August 17th meeting is there a second second all those in favor say aye aye aye anyone opposed that passes next other business related to the board of adjustments annual report for year 22 23 is someone like to present on that or we didn't prepare a presentation of the annual report it basically just goes through the um attendance and the members that we had for the year and a breakdown of all of the cases the um case types and whether or not the board upheld you know staff's determination or recommendation if one was made um and it just kind of helps identify trends and we all had that so which is so we can go ahead if you have any questions about it I'm happy to do all have any questions all right that being the case I'll entertain a motion to to approve I'll make a motion to approve the uh yes the annual report yeah in a second second all those in favor say aye aye aye anyone opposed that passes or go forward and maybe I should have shared this with you before you approved it but um basically the purpose of the annual report is to send to the city clerk and city council so that they can review um what items are are going before the board of adjustment perfect everyone comfortable with that all right is there anything else related today no additional items from staff I guess then we can adjourn thank you all for coming in all right sure thank you
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