Wilmington Board of Adjustment Meeting - May 16, 2024
Wilmington Board of Adjustment Meeting - May 16, 2024
The Wilmington Board of Adjustment held a regular meeting on Thursday, May 16, 2024, at 1:02 p.m. in City Council Chambers. The board considered five items: two old business variance requests and three new business requests. All votes were unanimous. The meeting adjourned at approximately 1:59 p.m.
Consent Calendar
- Approval of Minutes (April 18, 2024): Motion to approve passed 5-0.
Public Comments & Testimony
- 215 Summer Rest Road: Adjoining property owner Arch Ellis opposed the variance, stating it would cut his view of the Intracoastal Waterway by 40% and that the building would be too close to a one-lane road. He also submitted proxies from two other neighbors speaking against it.
- Other items: No public comments were made for items 2 (2508 Oleander Drive), 3 (5123 Market Street), 4 (1202 Eastwood Road), or 5 (526 N 23rd Street).
Discussion Items
Old Business:
- 215 Summer Rest Road – Variance to rear yard setback (BADV-19-324): The applicant sought a 7-foot variance to the required 20-foot corner side setback for a 364 sq ft addition. Staff reported the property is a corner lot in the R-20 district with existing structures. The applicant argued that similar variances had been granted in the neighborhood. The board discussed the four findings of fact, expressing concern that the variance would impede neighbor's views and that not all findings were met. Motion to deny carried 5-0.
- 2508 Oleander Drive – Variance to accessory structure and dwelling unit codes (BADV-20-424): Vice-Chair Moore recused himself; Board Member Johnson chaired. With four members present, the applicant agreed to proceed (requiring unanimous vote). The applicant proposed building a new principal dwelling on Lot 84, which would render existing duplexes as accessory structures, increasing nonconformity. Staff noted the site's historic nonconformity and that the required square footage for the new dwelling was not met. The applicant provided an updated site plan. The board found the lot's nonconformity made it unique and warranted the variance. Motion to approve carried 4-0.
New Business: 3. 5123 Market Street – Variances for parking maximum and drive-through setback (BADV-21-424): Chick-fil-A proposed a scrape-and-rebuild with 90 seats (later clarified as 70 inside + 24 patio = 94 seats). They requested 11 additional parking spaces (47 total vs. 36 max) and encroachment into the 20-foot drive-through setback by 5 feet on New Centre Drive and 0.5 feet on Market Street (clarified as 5 feet each, providing a 15-foot buffer). The applicant argued the new layout improves safety by separating drive-through and parking. The board liked the design and felt it reduced encroachment compared to the current site. Motion to approve carried 5-0. 4. 1202 Eastwood Road – Variances for density in watershed protection area (BADV-22-524): The applicant requested continuance to June 20, 2024. Motion to continue carried 5-0. 5. 526 N 23rd Street – Variance to fence height in front yard (BADV-23-524): The applicant built a 6-foot concrete fence 12 feet from the property line, but the front yard maximum is 4 feet (or 6 feet with conditions, but the fence did not meet the required 15-foot setback or 50% transparency). The applicant cited miscommunication with staff and noted similar fences in the neighborhood. Staff clarified the board is reviewing under the four findings of fact, not the specific fence waiver standards. The board discussed the mistake and noted the fence screens the house but found the hardship resulted from the applicant's action. However, after hearing the applicant had contacted the city and that moving the fence would harm a tree, some members were sympathetic. Motion to approve variance with condition of landscaping along the entire fence, two feet in depth, carried 5-0.
Key Outcomes
- Minutes approved: 5-0.
- 215 Summer Rest Road: Variance denied (5-0).
- 2508 Oleander Drive: Variances approved (4-0, unanimous with four members).
- 5123 Market Street: Variances approved (5-0).
- 1202 Eastwood Road: Continued to June 20, 2024 (5-0).
- 526 N 23rd Street: Variance approved with landscaping condition (5-0).
Meeting Transcript
I'd like to call the May 16 Board of Adjustment Meeting to order, please. Um the city like to swear in any witnesses who don't speak. All right, if staff applicants and members of the public will stand and raise your right hand. If you're gonna speak today, 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. Thank you. Hearings before the board of adjustment are quasi-judicial in nature. Decisions of the board are based on a 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 a simple majority. Evidence submitted to the board for review becomes part of the record. Appeals of board decisions are the 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. A hearing before the board is conducted in accordance with its 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. Thank you. First order of business is approval of the minutes of the April 18 meeting. Do we have a motion? I'll make a motion we approve the minutes as presented. Second. Aye. Gonna move out of order a little bit on uh item number four, which is 1202 Eastwood Road. The applicant has requested a continuance of this item until the June 20, 24 meeting. Is there anything from the city? No. Okay. If you have any questions, happy to answer. Okay. Do we have a motion to grant the continuance? I'll make a motion to uh continue that number or 1202 Eastwood. Item four. Item four. Yep. We have a second. Second. All in favor. Aye. Aye. The first item before the board today is 215 Summer Rest Road. Variance of the rear yard setbacks for property located in the R20 residential legacy district. Good afternoon, Mr. Chairman and members of the board. My name is Grace Lemay, and I'm an associate planner with the city of Wilmington. Um for first case today, we're looking at 215 Summer Rest Road for BADB. The subject property at 215 Summer Rest Road is a corner lot in the R20 residential legacy district, and according to New Hanover County Tax Records, contains a 2,108 square foot residential structure and a 480 square foot accessory dwelling unit. The subject property consists of seven lots that were recombined and recorded at the New Hanover County Register of Deeds in 2023 under MAP Book 73, page 274. The applicant has proposed a 364 square foot addition to the eastern portion of the structure with a setback of 13 feet, which is a seven-foot variance to the required side street setback. Pursuant to City Code Section 18-177, residential structures within the R20 district shall be set back a minimum of 20 feet from the side street property line.
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