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.