Like to call to order the city of Wilmington's Board of Adjustments meeting for Thursday, March 21st, 2024.

It is one o'clock.

Um, first item we'll do is swear in anyone that would be speaking today.

All right, staff applicants, members of the public who wish to speak.

If you'll 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.

The next thing I'll read in the Board of Adjustments introduction.

Hearings before the Board of Adjustments are quasi-judicial in nature.

Decisions of the board are based on the records 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 a simple majority.

Evidence submitted to the board for review becomes part of the record.

Appeals of the board's decision are to superior court or 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.

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 that want to testify or their attorneys for presentation of evidence during the hearing.

To ensure all testimony is properly recorded, please come forward to address the board, state your name and address, and please speak clearly.

The next item would be the approval of minutes from the February 15th, 2024 meeting.

If there's no changes, it entertain a motion for approval.

And is there a second?

I'll second.

All those in favor say aye.

Aye.

And opposed, those passed.

Before we move forward, is there one item that's going to be continued on today's item number three for 215 Summer Rest Road has continued uh requested a continuance?

All right.

Um we'll go ahead and address that and see if for item number three involving 215 summer rest road, asking for continuance to the April 18th 18th meeting.

Is there a motion for approval?

I'd like to propose a motion that we continue 215 summaries road to the April 18th, 2024 Board of Adjustment Meeting.

All right, is there a second?

I'll second.

All those in favor say aye.

Aye.

Anyone opposed?

That's continued.

We'll start with a new business.

It's involving uh 110 South 9th Street.

It's a variance to the section 18-28 to allow a reduction in the required side yard setback for the existing structures within the R3 residential district.

And you're gonna represent for today.

Thank you, Chairman Havis.

Um Catherine Thurston, City Zoning Administrator, and yes, I'll be presenting this item.

This is a request for a variance at 110 South Ninth Street.

This property zoned R3, medium high density mixed residential district.

The subject property currently contains a duplex that was built around 1920, and it's currently listed as a contributing structure in the Wilmington National Register of Historic Places.

City Code Section 1828 requires 4,000 square feet of lot area for a duplex and still requires a minimum of 33 feet of lot frontage for any newly created lots, whether a duplex or a single dwelling.

The subject property is approximately 66 feet wide, which would allow it to be divided into two votable lots, each 33 feet wide by 95 feet deep, just based on the frontage requirements alone.

The resultant lots would contain approximately 3,135 square feet, which is not enough to accommodate a duplex use, but it is enough to accommodate an internal accessory dwelling unit.

ODC section 1828 requires a minimum setback of 3.3 feet, which is 10% of the lot width, or five feet if more than um a 50-foot wide lot.

The applicant has proposed a 1.7-foot side yard interior setback for the southern portion of the parcel due to the encroachment of an existing bay window.

This is showing that the surrounding zoning is R3, and that is a blurry uh survey of the subject property, but it does show the bay window extension.

This um is from the National Register of Historic Places, showing that this is a contributing structure on the National Register, which means that in lieu of uh demolition of this house, we would work with any applicants who wish to demolish the house to preserve it in some way, even if it meant moving it to a different site.

Here is a street view from Google Maps of the subject property.

It's difficult to see that bay window off on the left hand side.

But the applicant has proposed to subdivide this lot to build a new primary structure to the left of the existing house and to retain the historic duplex.

On January 30th, 2024, they submitted a variance of 1.7 feet to the interior side yard setback to retain that bay window.

And the proposed subdivision wouldn't increase the maximum allowable density on the parcels because the historic structure could potentially be altered to accommodate an internal accessory dwelling unit and still allow the subdivision.

However, the house would likely not retain its historic integrity under those circumstances.

The proposed division into 33 foot wide lots is consistent with the surrounding development pattern in the area.