Wilmington Board of Adjustment Meeting - October 19, 2023

The Wilmington Board of Adjustment held a regular meeting on Thursday, October 19, 2023, beginning at 1:02 p.m. in City Council Chambers. The board addressed an appeal of a zoning determination and four variance requests. All votes were unanimous (5-0). The meeting adjourned at approximately 1:42 p.m.

Consent Calendar

• Approval of minutes: The board approved the minutes from the August 17, 2023 meeting (the agenda indicated September 21, but the motion specifically referenced August 17). The motion carried 5-0.

Public Comments & Testimony

• Joyce Vietto, appellant and owner of 305 Brenda Drive, presented extensive testimony and photographic exhibits regarding the fence at 302 Englewood Drive. She argued that the fence remained in violation despite modifications, criticized staff handling of her complaint, and requested removal of the rigged fencing. She also expressed concern about property value impacts and inadequacy of the city's fencing ordinance.

Discussion Items

• 302 Englewood Drive – Appeal of Zoning Administrator’s Determination: The board heard an appeal by neighboring property owner Joyce Vietto challenging the determination that the woven wire fence at 302 Englewood Drive complied with City Code Section 18-325 (fences, walls, and non-vegetative screens). Staff testified that after an initial violation for exposed ends, the property owner installed PVC caps, rendering the fence compliant. The appellant disputed this, claiming exposed chicken wire remained and that the fence was not properly constructed. The board discussed the appearance versus compliance and ultimately voted to uphold the zoning administrator’s determination (5-0).

• 6450 Shinnwood Road – Variance for Fill in Coastal A Special Flood Hazard Area: The applicant requested a continuance to the January 18, 2024 meeting to allow their engineer additional time to develop drawings. The board granted the continuance (5-0).

• 1608 Azalea Drive – Variance to Front Setback (R-15 District): Applicant Robby Carroll sought a 10-foot variance from the required 20-foot front setback to construct an attached garage on the front of the existing residence. The existing house had a 25-foot setback. Staff noted the property’s peculiar shape, the dead-end nature of Azalea Drive (which is 20 feet wide), and that the garage would be 33 feet from the pavement. The applicant stated all neighbors were notified and had no objections. The board found the lot peculiar and approved the variance (5-0).

• 1618 Dawson Street – Variance to Semi-Urban Frontage Requirements (CB District): Staff requested a continuance to the November 16, 2023 meeting because a board member was recused due to a conflict. The board granted the continuance (5-0).

• 4025 Watersail Drive – Variance to Minimum Separation Between Structures (Cluster Subdivision): The property owner requested a 1.2-foot variance to allow an 8.8-foot separation between two dwellings (required 10 feet). Staff reported that permits were issued by the city in error, and construction was already framed when the conflict was discovered. The board noted the applicant acted in good faith and approved the variance (5-0).

Key Outcomes

• The board upheld the zoning administrator’s determination for the fence at 302 Englewood Drive (5-0).
• The variance for fill at 6450 Shinnwood Road was continued to January 18, 2024 (5-0).
• The variance for the garage at 1608 Azalea Drive was approved (5-0).
• The variance for 1618 Dawson Street was continued to November 16, 2023 (5-0).
• The variance for minimum separation at 4025 Watersail Drive was approved (5-0).
• All decisions were unanimous with five members present and voting.

Note: There is a discrepancy between the agenda (which listed approval of September 21 minutes) and the minutes/motion (which approved August 17 minutes). The recorded outcome reflects the motion made and carried.