Wilmington Board of Adjustment Meeting – April 18, 2024
Wilmington Board of Adjustment Meeting – April 18, 2024
The Board of Adjustment of the City of Wilmington held a regular meeting at 1:00 p.m. on Thursday, April 18, 2024, in City Council Chambers. The board approved prior meeting minutes, continued or withdrew multiple land-use cases, and deliberated at length on a variance request for 2508 Oleander Drive. All votes were unanimous.
Consent Calendar
- Approval of Minutes (March 21, 2024): The board approved the minutes from the March 21, 2024 meeting by a 5-0 vote (motion by Board Member Johnson, second by Board Member Mitchell).
Public Comments & Testimony
- No members of the public spoke in favor or opposition during the evidentiary hearing for any item.
Discussion Items
- 215 Summer Rest Road – Variance to rear yard setback (BADV-19-324): The applicant requested a continuance to the May 16, 2024 meeting. Board Member Johnson moved to approve the continuance; the motion carried 5-0.
- 1823 Wrightsville Avenue – Appeal of Zoning Administrator’s determination (BACEO-2-424): The applicant’s representative, Susan Keelan, stated the applicant wished to withdraw the appeal and pursue a variance instead. The board agreed to the withdrawal without a formal vote.
- 2508 Oleander Drive – Variance to accessory building/ADU codes (BADV-20-424): Associate Planner Bentley Earnest presented the staff case summary, detailing that the property (Lots 83 and 84 of Oleander Subdivision) contains multiple duplexes and a guest house, and that adding a new principal dwelling would increase nonconformity. The applicant, John Cooper, requested a variance to build a three-car garage with a two-bedroom apartment above on Lot 84, noting the impracticality of a 120-foot breezeway to attach the structure. The board discussed the three variance requests (maximum accessory square footage, minimum principal dwelling area, and side yard setbacks) and noted the lack of a clear site plan. After deliberation, the board gave the applicant the option to continue to allow time to prepare a site plan. Mr. Cooper agreed to a continuance.
Key Outcomes
- The board approved the continuance of the 215 Summer Rest Road variance to the May 16, 2024 meeting (5-0).
- The board allowed the withdrawal of the 1823 Wrightsville Avenue appeal without a vote.
- The board voted to continue the 2508 Oleander Drive variance to the May 16, 2024 meeting (motion by Board Member Newman, second by Board Member Johnson; carried 5-0) to allow the applicant to submit a detailed site plan and clarify the specific variances requested.
- The meeting adjourned at approximately 1:37 p.m.
Meeting Transcript
We'll call to order the Board of Adjustments meeting for the City of Wilmington. It's Thursday, April 18th, 2024, and it's 101. Before we start it, I'll read the Board of Adjustments introduction. Hearing before the Board of Adjustments are quasijudicial in nature. Decisions of the board are based on the record of these proceedings. To grant a variance requires 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 the superior court on 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. A hearing before the board is conducted in accordance with the rules of procedure. Those who want to testify in a case are sworn as witnesses. The chairperson recognizes those who want to testify or their attorneys 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. All right. Um next item we'll move on to is the approval of the minutes from the March 21st, 2024 meeting. Is there a motion for approval or any request for changes? I'll make a motion to approve. Is there a second? All those in favor say aye. Aye. Anyone opposed? The minutes pass. The next item on our agenda is old business relating to 215 Summer Rest Road. The applicant has requested to continue that item to the May 15th. I'm sorry, 16th meeting of the Board of Adjustment. All right. That being said, is there anyone that would make a motion to approve that continuance? I'll make a motion to approve it to the May 16th meeting. Is a second. All right. All those in favor say aye. Aye. Anyone opposed? That passes. Next item is new business regarding 1823 Roystwell Avenue. The applicant has requested to withdraw that item. His representative, Miss Susan Keelan, is present if you have any questions for her. All right. Um, would you like to address the board at all? I had not intended to, but since you invited me to. Uh the reason for the withdrawal is the client has uh determined that a variance would probably be a more appropriate request, so we're gonna file the variance request and go through the process. All right, thank you. Thank you. And no, there's no action needed regarding withdrawal. Correct, you don't need a motion. All right, thank you. Um, our next item involves 2508 Oleander Drive to request for a variance to section 18 199, accessory buildings and structures and section 18-200 accessory dwellings units to allow the construction of a new dwelling on the site that would increase the nonconformity of the existing structure. Um, I'm sorry, before we we have to swear people in. Apologize, thank you. All right, I'll ask that staff applicants and member of the public that wish to speak will stand and raise your right hand.
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