Wilmington Board of Adjustment Meeting - September 21, 2023
Wilmington Board of Adjustment Meeting - September 21, 2023
The Wilmington Board of Adjustment held a regular meeting on Thursday, September 21, 2023, at 1:01 p.m. in City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC. Chairman Jeff Hovis called the meeting to order. The board approved minutes, heard four agenda items, and took votes on variances and a waiver. The meeting adjourned at approximately 1:35 p.m.
Consent Calendar
- Approval of the August 17, 2023 meeting minutes was moved by Vice-Chair Moore, seconded by Mr. Johnson, and carried 5-0 unanimously.
Public Comments & Testimony
- Item 1 (3810 Shipyard Boulevard): Dalter Kelly, representing Pine Valley Church of God, explained that the church needs a digital sign to advertise multiple weekly events and noted other nearby churches have electronic signs. She stated willingness to stay within existing sign dimensions.
- Item 2 (5601 Marsh Bay Drive): Ryan Nicholson, general contractor for the homeowners, testified that the homeowners' son is paralyzed and requires the fire department to remove him for physical therapy three times per week. He explained that three local companies would not install helical piers inside the structure, making compliance with code requirements infeasible.
- Item 3 (634 Peacock Lane): Rodrigo Floriano, neighbor at 636 Brunswick Street, expressed concern that any construction above ground level on the subject property would directly view into his backyard, master bedroom, and bathroom, reducing his privacy.
Discussion Items
1. 3810 Shipyard Boulevard – Variance for Changeable Copy Sign (BADV-5-923)
- Staff Presentation: Kathryn Thurston, Zoning Administrator, stated the property is zoned R-15 (Residential) and contains Pine Valley Church of God. City Code prohibits electronic changeable copy signs in residential districts. The church requested a variance to replace its existing manual sign with a digital one.
- Board Discussion: Board members noted the property is bounded on three sides by Office & Institutional (O&I) zoning, which permits electronic signs. Staff confirmed the church could rezone to O&I to achieve the sign by right. The board found the variance did not meet the four statutory findings of fact, particularly unnecessary hardship and peculiar conditions.
- Vote: Motion to deny carried 5-0 unanimously.
2. 5601 Marsh Bay Drive – Waiver from Floodplain Standards (BAVFPP-1-923)
- Staff Presentation: The property is in a Special Flood Hazard Area; City Code requires elevator shafts below regulatory flood elevation to be constructed of reinforced masonry or concrete. The applicant sought a waiver to install an elevator shaft without those materials.
- Board Discussion: Staff noted any damage from the elevator would be isolated to the property and would not threaten the city's standing in the National Flood Insurance Program. The board reviewed the 11 findings of fact for floodplain waivers and found them satisfied.
- Vote: Motion to approve the waiver carried 5-0 unanimously.
3. 634 Peacock Lane – Variance to Rear Setback (BADV-6-923)
- Staff Presentation: The vacant lot, zoned R-3, has only 23 feet of frontage on North 7th Street (unimproved) and 99 feet along Peacock Lane. Strict application of setbacks yields 1,440 sq. ft. of buildable area; orienting the house toward 7th Street but using Peacock Lane for access would yield 2,028 sq. ft. The applicant requested a 10-foot variance to reduce the rear setback from 15 feet to 5 feet.
- Board Discussion: The board noted the lot backs up to railroad tracks with no neighbors behind, so granting the variance would not affect adjacent properties. Pushing the house back would increase privacy for Peacock Lane neighbors. The board found the four variance findings of fact were met, including peculiar lot shape and hardship.
- Vote: Motion to approve the variance carried 5-0 unanimously.
4. 302 Englewood Drive – Appeal of Zoning Administrator's Fence Determination (BACEO-1-923)
- Staff Presentation: Ms. Thurston informed the board that the public hearing notice was erroneously advertised for 305 Brenda Drive instead of the correct address, 302 Englewood Drive. She requested a continuance to re-advertise and post the proper notice.
- Board Decision: No discussion of merits. Motion to continue to the October 19, 2023 meeting carried 5-0 unanimously.
Key Outcomes
- Approved: Minutes of August 17, 2023 (5-0).
- Denied: Variance for electronic changeable copy sign at 3810 Shipyard Boulevard (5-0).
- Approved: Waiver from floodplain standards for elevator shaft at 5601 Marsh Bay Drive (5-0).
- Approved: Variance to rear setback at 634 Peacock Lane (5-0).
- Continued: Appeal of fence determination at 302 Englewood Drive to October 19, 2023 (5-0).
- Chairman Hovis announced he would be absent at the next meeting; Vice-Chair Moore will preside.
- New Associate Planner Bentley Earnest was introduced to the board.
- Next regular meeting: Thursday, October 19, 2023, at 1:00 p.m.
Meeting Transcript
Call to order the Board of Adjustments meeting for the Thursday, September 21st, 2023. It is one o'clock. Um before we get started, we have a new member to swear in. Uh Maggie Bennington. Welcome, Maggie. Thank you. I'm gonna just ask you to state your name after I say aye and I'll read the rest. Okay. I do, okay. Okay. So I, Maggie Pennington. Having been duly up duly appointed as a board member of the Wilmington Board of Adjustment, do solemnly and sincerely swear that I will support and maintain the Constitution and laws of the United States, that I will be faithful and bear true allegiance to the state of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof, and that I will endeavor to support, maintain, and defend the constitution of the state not inconsistent with the Constitution of the United States to the best of my knowledge and ability. I will enforce, execute, and obey the laws of ordinances of the city of Wilmington and faithfully discharge the duties of the office to which I have been appointed. I do. Thank you. Welcome. All right, thank you. Next time since you're up to it. So if you are going to speak, staff, applicants, members of the public, if you'll stand up and raise your right hand. All right. Do you swear that the testimony you're about to give is a truth, the whole truth, and nothing but the truth? Thank you. All right, thank you. Um our next item is going to be the approval of the minutes from the August 17th, 2023 meeting. If there aren't any changes, I'd entertain a motion to approve make a motion to approve the minutes. And a second, please. I'll second. All those in favor say aye. Aye. Anyone opposed? And before we go forward, I'm gonna go ahead and read for the board of adjustments. Hearings before the board of adjustments are quasi-judicial in nature. Decisions of the board are based on the record of these fine of these proceedings. To grant a variance requires a concurrent vote of four fifths of the members of the board to reserve or modify the determination of administrative official requires a simple majority. Evidence submitted to the board for review becomes part of the record. Appeals of the board's decision are to the superior court and based on the record. Appeals must be filed within 30 days of the date of filing of the board's order in the planning division. Hearing before the board is conducted in accordance with the rules of procedure. Those who want to testify in a case are sworn as witness. The chairperson will recognize those who want to testify or their attorneys for presentation of evidence during the hearing to ensure that all testimonies properly recorded when you come forward, please state your address, your name, and clearly and speak clearly. All right. Yes, sir. That's item four. Um it was advertised as 305 Brenda Drive, but the applicant in fact intended for that to be an appeal to a property at 302 Inglewood Drive, and so we will need to readvertise that hearing. All right. That that being the case, does anyone have any questions on that? If we can, we'll go ahead and continue that item to the October which meeting. Thank you. Well if there would be a motion to continue that item to October 19th meeting. Make a motion to continue item four 302 Inglewood Drive for the October 19 meeting.
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