Wilmington Board of Adjustment Meeting – December 21, 2023
Wilmington Board of Adjustment Meeting – December 21, 2023
The Board of Adjustment of the City of Wilmington held a regular meeting on Thursday, December 21, 2023, at 1:00 p.m. in City Council Chambers. The board considered five variance requests, approved all of them, and adopted the 2024 meeting calendar. All votes were unanimous (5-0) except for one item that passed 4-1.
Consent Calendar
- Approval of Minutes (November 16, 2023): The board unanimously approved the minutes from the previous meeting.
Public Comments & Testimony
- No members of the public spoke on any agenda item.
Discussion Items
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1009 Upper Reach Drive – Variance to Conservation Resource Setback (Item 1): Kathryn Thurston presented a case where a newly constructed swimming pool inadvertently encroached 25 feet into a wetland setback due to an administrative oversight during permit review. The applicant, Shane Kosnik of Prestige Pools, explained that the pool was built exactly as approved. The board agreed the encroachment was caused by staff error and approved the variance unanimously.
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1101 N. 4th Street – Variance to Minimum Height Requirement in CBD (Item 2): The applicant proposed a 22-foot-tall food court structure in an area requiring a minimum 36-foot height. Architect Rob Romero and Zeke Nathans argued that the lower height was more consistent with surrounding buildings (15–20 feet). The board granted the variance, noting that a 36-foot building would be out of place. Chairman Hovis recused himself; alternate Graham Mitchell participated. Vote: 5-0.
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905 Haymarket Lane – Variance to Rear Setback (Item 3): A new single-family home under construction encroached 2.5 feet into the required 15-foot rear setback. Agent Matt McCauley stated the error was discovered during a foundation survey after framing began. Board members discussed the small, odd-shaped lot and the fact that construction was halted upon discovery. Despite some concern that the hardship was partially self-created, the variance was approved 5-0.
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2 Harnett Street – Variance to Landscaping and Shading Requirements for Surface Parking (Item 4): The owner of a concrete pier on the Cape Fear River sought to waive landscaping requirements for a surface parking lot. Staff explained that a second variance regarding parking placement had been resolved outside of the board. The applicant, Howard Resnik, argued that installing vegetation on an over-water concrete structure was impractical. Board members expressed confusion about the scope of the variance and the development agreement, but the applicant asked to proceed solely on the landscaping issue. After discussion, the board approved the variance 4-1, with Tyler Newman voting no.
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1010 Upper Reach Drive – Variance for Pool Equipment Placement on a Corner Lot (Item 5): A swimming pool’s pump and filter equipment extended closer to the side street than the front facade of the house, violating City Code Section 18-214(C). Attorney Colin Tarrant argued that the code’s facade restriction applies only to the pool itself, not equipment, and that the equipment met all setback requirements. The homeowner, Katherine Burke, required a heated pool for therapeutic use. The board approved the variance 5-0, noting that the equipment was concealed by a fence and that the misinterpretation of code was understandable.
Key Outcomes
- Item 1 (BADV-11-1123): Approved 5-0.
- Item 2 (BADV-12-1223): Approved 5-0.
- Item 3 (BADV-13-1223): Approved 5-0.
- Item 4 (BADV-14-1223): Approved 4-1 (Board Member Newman opposed).
- Item 5 (BADV-15-1223): Approved 5-0.
- 2024 Meeting Dates & Submission Deadlines Calendar: Approved 5-0.
- Staff announced that beginning January 2024, board packets will be delivered electronically only.
Meeting Transcript
We'll call to order the Board of Adjustments meeting for December 21st, 2023. It is one o'clock. Um before we get started, I'll read the Board of Adjustments introduction. Hearings before the Board of Adjustments 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 the determination of an administrative official requires simple majority. Evidence submitted to the board for review becomes part of the record. Appeals for the board's decisions are to Superior Court and are based on the record. Appeals must be filed within 31 days of the data 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 witnesses. The chairperson recognizes those that want to testify or their attorney for presentation of evidence during the hearing. To ensure that all testimony is properly recorded, please come forward to address the board, state your name, address, and speak clearly. Anyone that's going to speak today? 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. Our next item is going to be approval of the minutes from the November 16th, 2023 meeting. Is there any changes or a motion related to this? I'll make a motion to approve the minutes from what was the date? November 17th. November 17th, yes, sir. Second. Okay. There's been a motion and second. All those in favor say aye. Aye. Aye. Anyone opposed? Those pass. Our next item is going to be old business. It relates to 10109 Upper Reach Drive. It's a variance of City Code Section 18-286. Good afternoon. Catherine Thurston, uh City Zoning Administrator. Um, this was continued from your November meeting. Um the applicant actually, well, uh that the pool um contractor actually has two items on the agenda for today, so it made more sense to see to have them both at the same hearing. Um this property is owned R15 residential, and it contains a 3,054 square foot single family residential structure. On May 18th, 2023, the applicant obtained approval for the construction of a swimming pool in the side yard. On September 15th, city staff inspected the pool and determined that it encroached into the conservation resource area. The pool was constructed as approved. However, on the initial review, the officer did not note the presence of conservation resource on the site. So the newly constructed poll encroaches into the 25-foot wetland setback, which was identified by Southern Environmental Group in two 2019, and it was recorded on a survey by Mike Underwood January 14th, 2021. The applicant submitted a variance um request to allow the poll to remain on site as constructed. And I am happy to answer any questions that you may have of city staff. I'd like to enter the case summary and all attachments into the record. All right, does anyone have any questions, Catherine or staff? All right, thank you very much.
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