City of Wilmington Board of Adjustment Meeting - November 21, 2023
City of Wilmington Board of Adjustment Meeting - November 21, 2023
Note: The official transcript and minutes from the meeting are dated November 16, 2023, but this summary follows the date provided (November 21, 2023). The meeting was held at 1:00 p.m. at the Union Bank/Harrelson building.
The Board of Adjustment considered three variance requests: one continued from October, one new variance for an accessory dwelling unit, and one item continued to December.
Consent Calendar
- Approval of Minutes (October 19, 2023): Approved unanimously (5-0).
Public Comments & Testimony
- For 1618 Dawson Street variance: Jeff Carney, a neighboring property owner, spoke in favor of the variance requests, stating the development would be positive for the community.
Discussion Items
1. 1618 Dawson Street – Variance to semi‑urban frontage requirements (BADV‑8‑1023)
- Proposal: Redevelop a vacant commercial structure (former Rite Aid) into a convenience store with fuel pumps. The property has three street frontages (S. 16th, S. 17th, and Dawson Streets). The applicant requested two variances: (a) to allow the primary entrance along Dawson Street instead of 17th Street, and (b) to reduce fenestration (window/door transparency) from the required 40% to lower percentages on various facades.
- Discussion: Board members agreed the primary entrance on Dawson Street was appropriate given site flow. For fenestration, after discussion, the applicant agreed to 30% on the front (Dawson) and rear (south) elevations, and 25% on the two side elevations (16th and 17th Streets).
- Vote: Motion to approve both variances with those conditions passed 4‑0 (one member recused).
2. 518 S 5th Avenue – Variance to allow larger accessory dwelling unit (BADV‑10‑1123)
- Proposal: Convert an existing 720 sq ft garage into a detached accessory apartment. City code allows ADUs up to 50% of the primary residence’s floor area (here 528 sq ft). The applicant requested a variance of 192 sq ft to allow the full 720 sq ft.
- Discussion: The applicant, Khyber Nasser, argued that the hardship resulted from a pre‑existing structure not built by him. He noted the ADU would still be under the 1,200 sq ft maximum and would provide affordable housing options in the historic district. The Historic Preservation Commission had already granted a Certificate of Appropriateness.
- Vote: Motion to approve the variance passed 5‑0.
3. 1009 Upper Reach Drive – Variance for pool encroachment into conservation setback (BADV‑11‑1123)
- Discussion: The applicant was unavailable; staff requested a continuance to the December 21, 2023 meeting.
- Vote: Motion to continue passed 5‑0.
Key Outcomes
- Approved: 1618 Dawson Street variance (4‑0) with conditions on fenestration.
- Approved: 518 S 5th Avenue ADU variance (5‑0).
- Continued: 1009 Upper Reach Drive to December 21, 2023.
- Next meeting: December 21, 2023.
Note the date discrepancy: source materials show November 16, 2023, but summary uses November 21, 2023 per instruction.
Meeting Transcript
Order the Board of Adjustments meeting for the City of Wilmington. Thursday, November 16th at 1 o'clock. Before we uh go forward, I'll read the Board of Adjustments introduction statement. Hearings before the Board of Adjustments are quasi judicial in nature. Decisions of the boards 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 the determination of an administrative official requires 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 are 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. A hearing before the board is conducted in accordance with rules of procedure. Those who want to testify in a case are sworn as witness, witnesses. The chairperson recognizes those who want to testify or their attorney for represent for presentation of evidence during the hearing. To ensure that all testimony is properly recorded, please come forward to the and address the board, state your name, address, and speak clearly. All right. Do you want to go ahead and swear people? All right. If all applicants, staff will stand and raise your right hand. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. All right. Second. All right. All those in favor say aye. Aye. Anyone opposed? Those minutes are approved. We have one item on the agenda. It's item number three one zero zero nine upper reach drive that's asked for continuance. Continuance is to be to the December 21st meeting and to be held at this would be the city council chambers. Um information, any presentation by staff on that? Are we the applicant was just unavailable to make the meeting this month? Um he will have two items for next month's meeting, so it's more convenient to schedule it them both for December. Okay. All right. Anyone that would uh make a motion for that continues. There's been a motion to continue a second. Second. All those in favor say aye. Aye. Anyone opposed? Continued to the December 21st. Um next item in old business is for 1618 Dawson Street. It's a variance to City Code Chapter 18, land development code, section 18-407 and 18-408 pertaining to semi urban frontage requirement in the community business district. Catherine we'll let you present. All right. Um there's a member has to themselves. I we do have to take the vote on the record just hold recusal for cause. Um yeah, so if you'll just say we need a practice together, so I need to recuse myself from this item. Thank you. Thank you.
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