Wilmington Board of Adjustment Meeting – February 15, 2024
Wilmington Board of Adjustment Meeting – February 15, 2024
The Wilmington Board of Adjustment held a public hearing on Thursday, February 15, 2024, at 1:00 p.m. in City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC. The board considered one new business item: a variance request for 925 N. 4th Street related to a proposed 31,000-square-foot expansion of the existing Med North Health Center. The meeting was adjourned at approximately 1:35 p.m.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the January 18, 2024, meeting (motion passed 5-0).
Public Comments & Testimony
- No members of the public spoke in favor or opposition during the evidentiary hearing.
Discussion Items
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925 N. 4th Street Variance Request (BADV-16-224): The applicant, represented by Jeff Petroff, Brice Reib, and Nate Allen, sought five variances from City Code Chapter 18, Section 18-44 (CBD district-specific standards) to facilitate a 31,000-square-foot expansion of the medical office building. The property is zoned CBD (Community Business District), contains a 14,682-square-foot commercial structure, and is a corner lot bordered by two primary streets (North 3rd and North 4th) and two secondary streets (Bladen and Harnett).
The five requested variances were:
- Parking setback: To allow surface parking within 10 feet of the right-of-way and within 20 feet of a primary street frontage (specifically along 3rd Street and Bladen Street). The applicant argued that the unique full-block configuration, existing building constraints, and need to remain operational during construction made strict adherence a hardship. They proposed placing most parking under the new addition to minimize visible surface parking.
- Driveway along primary frontage: To allow a new driveway on N. 4th Street (a primary frontage). The applicant stated this would improve emergency vehicle access (reducing response times) and provide a direct route for trash collection, reducing pedestrian and vehicle conflicts. They also proposed removing an existing driveway dangerously close (50 feet) to the intersection of 4th and Harnett Streets.
- Dumpster along primary frontage: To allow a dumpster on N. 4th Street. The applicant noted that strict adherence would allow dumpsters only on secondary streets (Bladen or Harnett), but the existing building layout and internal uses required placement on 4th Street. The dumpster would meet full screening requirements.
- Critical root zone (CRZ) impacts on specimen trees: Variances to exceed the 20% maximum disturbance for three trees: a 20-inch oak (22% disturbance), a 23-inch oak (28% disturbance), and an 11-inch hardwood identified as a Bradford pear (35% disturbance). The applicant noted the Bradford pear is an invasive non-native species and proposed mitigation (root pruning, mulch, selective canopy pruning) to preserve the trees.
- Parking location relative to building: To allow surface parking between the proposed building and Bladen Street (contrary to the CBD requirement that parking not be located between a building and the street). The applicant cited operational constraints, the need for adequate on-site parking to avoid overburdening street parking, and soil conditions that made the area suitable for stormwater infiltration.
Staff presented the case summary and attached documents. Chairman Hovis recused himself; Vice-Chairman Moore managed the hearing, and Alternate Board Member Maggie Bennington served in Hovis’s place. Board member Johnson found all variance requests acceptable, noting the applicant’s efforts to mitigate impacts. Vice-Chair Moore expressed concern only about the 23-inch oak, but board member Newman noted it only affected part of the root zone.
Key Outcomes
- Approval of Variance Requests: Board Member Mitchell made a motion to approve all five variances based on the four findings of fact required for variance approval. The motion was seconded by Alternate Board Member Bennington and passed unanimously (5-0). The decision allows the applicant to proceed with the expansion, including the parking, driveway, dumpster placement, and tree protection measures as presented.
Meeting Transcript
Just for a second. Good afternoon. We're gonna go ahead and open up the uh Board of Adjustments meeting for February 15th, 2024. It is 103. Uh before we start, uh, do you want to swear in anyone that will be speaking today? All right, I'll ask that staff, applicants, and member of the public wishing to speak, 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? All right, I'm gonna read the Board of Adjustments introduction. Hearing 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 administrative official requires a simple majority. Evidence submitted to the board for review becomes part of the record. Appeals to the board decisions are to Superior Court and are based on the record. Appeals must be filed within 30 days of the date of the filing of the board's order in the planning division. The hearing before the board is conducted in accordance with the rules and procedures. Those who want to testify in a case are sworn as witness. The chairperson recognizes those who want to testify or their attorney for reper for presentation of evidence during the hearing. To ensure that all testimonies properly recorded, please come forward to address the board, state your name, address, and please speak clearly. Our first item is the approval of minutes from the January 18th, 2024 meeting. I'll make a motion for approval. All right, that being done. Uh, all those in favor say aye. Aye. Anyone opposed? Those minutes pass. Our next item for business, it relates to uh nine two five North Fourth Street. At this time, I would ask that I could be recused from this item, and we have an alternate that can step in. I pass over the meter meeting over to Patrick. There's no objection. We don't need them again. I am an associate city planner with the zoning department. Our first and only case for today will be for nine two five North Fourth Street, BADV 16-224. The subject property at 925 North Fourth Street is zoned CBD community business district and contains 14,682 square feet commercial structure, according to the new Hanover County Count County tax records. On or about November 2nd, 2023, the applicant attended a pre-TRC meeting for a proposed thirty-one thousand square foot expansion to the existing medical services building. The subject property is a corner lot. The property is bordered by two primary streets designated as North Third and North Fourth Streets. The property is also bordered by two secondary streets, designated as Bladen and Harnett Streets. Pursuant to City Code Section 18-44 C for A to the following shall be prohibited along primary street frontages. New alleys, new driveways, ground floor parking, structured parking, or surface parking within 20 feet of the primary street frontage. Parking decks shall be permitted if the ground floor street facing facade is lined with active uses. Dumpsters and trash compactors. The applicant states that a variance is required to the driveway standard to allow for the removal of existing driveway that is too close to the intersection of Fourth and Harnett Street while retaining vehicular access from North Fourth Street. The existing driveway is only 50 feet from the intersection and could potentially be a hazard if left unchanged. The applicant states that a variance to surface parking requirements is necessary due to the nature of the full block development with two primary frontage streets, and that providing more on street parking will not only enhance the efficiency of the proposed project, but will also alleviate the need for more on street parking in the surrounding neighborhood by not overburdening by not overburdening the on-street parking in the area during peak hours. The applicant states that strict adherence to the LDC would only allow dumpsters to be located along either Bladen or Harnett streets. The existing building and ground level parking do not allow for the location of a loading area along the Harnett Street side. Only on the Bleed and Street side. Pursuant to City Code Section 18-44C5A, all off-street parking shall be set back a minimum of 10 feet from the plane from the front plane of all street facing facades and shall not be located between a building and the street. To adhere to the CBD principles for this district, the owner is placing as much of the proposed parking as possible under the new addition to reduce the amount of visible surface parking, which also creates a building facade fronting the right of way on 3rd Street, mirroring the character of the downtown area and keeping in line with the design principles of the community business district. Pursuant to City Code Section 18316D, removal of specimen trees shall only be authorized by a variance at the Board of Adjustment.
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