Wilmington Board of Adjustment Meeting – August 17, 2023
The Wilmington Board of Adjustment held a public hearing on Thursday, August 17, 2023, beginning at 1:01 p.m. in City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC. The meeting was called to order by Chairman Jeff Hovis and adjourned at approximately 2:05 p.m. The board considered four variance requests: one denial and three approvals. No members of the public other than the applicants and their representatives offered testimony during the evidentiary hearings.
Consent Calendar
- Approval of Minutes (June 15, 2023): The board unanimously approved the minutes from the June 15, 2023 meeting. (Note: The agenda listed 'Draft Minutes' for approval; the board approved the June 15 minutes as presented.)
Discussion Items
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3714 Wrightsville Avenue – Rear Setback Variance (MD-17 District): The applicant, John Yurko, on behalf of homeowner Heather Hughes, requested a variance to allow an existing single-family structure and a proposed second dwelling to encroach into the required 15-foot rear setback. The proposal included subdividing the lot and an access easement. Key arguments: a 10-foot public alley at the rear is non‑functional, and preserving a large healthy tree by keeping the new building away from it. Staff noted that administrative setback adjustments might be available for tree preservation. The board found the request was a variance of convenience and did not meet the four findings of fact. Vice‑Chairman Moore moved to deny; the motion carried 4‑1 (Board Member Johnson dissenting). The variance was denied.
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525 Ponderosa Drive – Tree Preservation Variance (R-15 District): The applicant, Cindee Wolf, sought a variance to remove a 28-inch DBH longleaf pine (specimen tree) to allow development of six lots and a new street. The applicant proposed to preserve two large oak trees (a 25-inch live oak and a 18-inch multi‑stem live oak plus a 37-inch water oak) and to mitigate the removed pine at 200% (56 caliper inches of new trees). Board Member Johnson recused himself, leaving four members. The board inspected the property and agreed that the oak trees were more significant and that the proposed compromise (deed restriction for live oak) met the findings. Vice‑Chairman Moore moved to approve; the motion carried 4‑0 unanimously.
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418 Wooster Street – Parking and Driveway Variances (UMX District): Attorney Matthew Nichols, representing the applicant, requested three variances: (1) up to 14 feet from the 20‑foot right‑of‑way setback for off‑street parking, (2) approximately 30 feet from the 35‑foot corner setback, and (3) a variance to allow driveway access on 5th Avenue instead of only on 4th Street. The site is a unique, four‑street‑frontage lot; the proposed mixed‑use project includes 125 residential units and structured parking under buildings. The board noted that the code favors street‑oriented development and that the enclosed parking would be hidden, similar to neighboring projects. The board agreed the variances met the findings of fact. Board Member Newman moved to approve; the motion carried 5‑0 unanimously.
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5600 Eider Lane – Rear Setback Variance (R-15 District): The applicant, Eddie Albrecht of Ingram Brothers, Inc., requested a 5.7‑foot variance to allow a 300‑square‑foot addition to remain with a 19.3‑foot rear setback (required 25 feet). The addition was built per a permit issued by city staff; staff acknowledged the error and waived the application fee. The board unanimously approved the variance, noting that the construction matched the approved plans, and that the error was on the city’s part.
Key Outcomes
- Motion to deny 3714 Wrightsville Avenue variance: Passed 4‑1 (Johnson dissenting).
- Motion to approve 525 Ponderosa Drive variance: Passed 4‑0 (unanimous, with one recusal).
- Motion to approve three variances for 418 Wooster Street: Passed 5‑0 (unanimous).
- Motion to approve 5600 Eider Lane variance: Passed 5‑0 (unanimous).
- Next meeting: Scheduled for Thursday, September 21, 2023.
Meeting Transcript
I'll like to welcome you to the Board of Adjustments meeting for the city of Wilmington. Today is Thursday, August seventeenth, two thousand twenty-three. The time is one oh one. Um before we get started, I'm going to read the Board of Adjustments introduction. Hearings before the Board of Adjustment are quasi judicial in nature. Decisions of the board are based on the record of these proceedings. To grant a variance requires a concurrent vote of 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 for review becomes part of the record. Appeals must be filed within thirty days of the date of the filing of the board's order in the planning division. Witnesses. Start out with the city's staff. Catherine. Thank you, Chairman Havas. This is for 3714A and 3714 Brightsville Avenue. The request is for two variances to the rear yard setbacks for an existing single dwelling structure and a proposed one. The subject property is zoned multiple dwelling 17 residential district, and the existing residential structure is shown on the screen in front of you towards the front of the lot. The applicant has proposed to subdivide the existing parcel into two lots with a 20-foot wide private access easement into the rear lot that would come off of Wrightsville Avenue. There's currently a 10-foot public alley to the rear of the lot that does not provide dedicated access for any of the existing or proposed lots. The applicant has proposed to construct a single dwelling structure on the rear of the lot, which would be on lot 35B as shown in your attachment three, and also shown on the screen in front of you. Pursuant to land development code section 1828, multiple dwelling dimensional standards. Within the multiple dwelling district, the front setback is 10 feet. The interior side setbacks are five feet. The corner side setback, which would include along the private access easement, is 10 feet, and the rear setback is 15 feet. So neither the existing structure nor the proposed second dwelling would meet the required 15-foot rear yard setbacks. On June 5th, the applicant submitted an application for a variance to those setbacks to allow the existing house to remain and to divide the lot to create a second parcel with the new dwelling unit. This item was originally set for hearing before the board of adjustment last month, but was continued to allow for a full compliment of the board. The applicant is present to provide you with an additional presentation. I'm happy to answer any questions that you may have of staff. Does anyone have any questions so far? All right, thank you. I'm sure uh John Your Yerko. Would you like to come up and give us some additional you can come right up front here? Yes, sir. Thank you. Um good afternoon. Thank you for consideration of this variance request. My name is John Yerko, and I'm Miss Ms. Hughes Architect, and I'm a former long-term volunteer of my county's board of adjustment. And just for the record, can you state your legal address? Uh six Doula Springs Road, Weaverville, North Carolina. All right, thank you, sir. Asheville area. Um my experience on a board of adjustment. I'm aware of the challenges of the variance process and the bur and the the uh the challenge of showing hardship, not of our undoing, and so we're prepared to do that today. Um Ms. Hughes is not a developer, she is a single mother who has already invested heavily in the property, extensively renovating the house on the uh on lot uh. Um, and her goal on the project is to continue with this commitment um while providing a housing solution for her family. Um, in planning this project, there were a number of directions to take, and on examination of the site plan, some of those may be evident, but we're here to answer questions about that. Um, we chose a design solution that takes into account the spirit of the LDC and that is that is not contrary to the public interest to quote the ordinance. Um so we feel there are two key considerations of this variance request.
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