Wilmington Board of Adjustment Meeting – June 20, 2024
Wilmington Board of Adjustment Meeting – June 20, 2024
The Wilmington Board of Adjustment met on June 20, 2024, at 1:00 p.m. in City Council Chambers to consider three items: approval of minutes, a withdrawal of a variance request, a floodplain management waiver, and a sign variance. The meeting adjourned at approximately 1:36 p.m.
Consent Calendar
- Approval of Minutes (May 16, 2024): Approved unanimously (4-0) with a correction to item #2 (2508 Oleander Drive) to reflect that the motion passed 4-0.
Old Business
- 1202 Eastwood Road – Variance (BADV-22-524): The applicant requested withdrawal of the variance request for base density reduction and density bonuses in a Watershed Resource Protection area. Board voted 4-0 to accept the withdrawal, with the understanding that future resubmission would require a complete new application.
New Business
- 2 South Water Street – Floodplain Waiver (BAVFPP-3-624): Staff presented a waiver request to allow improvements to the 561 sq ft visitor’s center without elevating the existing electrical panel. The property lies in flood zone AE9 (base flood elevation 9 ft); improvements include insulation, flood vents, and electrical upgrades. Elevating the panel was deemed infeasible. Board approved the waiver unanimously (4-0).
- 710 Military Cutoff Road – Sign Variance (BADV-25-624): The applicant, Stephanie Walker, sought a variance to install an 86.5 sq ft wall sign (exceeding the 50 sq ft per tenant limit) for a tenant in a multi-unit building (Building Two, 39,000 sq ft). Applicant stated the sign is the same size as the existing sign and needed due to rebranding required by the AICPA, with risk of penalties. Staff argued the hardship is not unique and self-created, as the sign size limit applies uniformly. Board denied the variance 3-1 (Newman dissenting), finding the situation not unique and that granting would set a precedent for other tenants.
Key Outcomes
- Approval of minutes: Passed 4-0.
- Withdrawal of variance at 1202 Eastwood Road: Passed 4-0.
- Approval of floodplain waiver at 2 South Water Street: Passed 4-0.
- Denial of sign variance at 710 Military Cutoff Road: Passed 3-1.
Meeting Transcript
All right, we're gonna go ahead and call to order the Board of Adjustments meeting. Today is June twentieth. It is one o'clock. Before we start, 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 five proceedings. To grant a variance requires concurrent vote vote of four-fifths of 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 decisions are to the superior court and are based on the record. Variance to the city code section 18-8. I'm sorry, 18-185 for maximum density designated residential property to receive density bonuses within a conservation land classification. Catherine Thurston present. For this item to be brought before the Board of Adjustment again would require them to completely resubmit if the board is to accept this withdrawal. All right. And is there a second? I'll say it. All those in favor say aye. Aye. Anyone opposed? That's been approved. We'll move on to new business regarding two South Water Street, a waiver for the City Code Section 18270. Floodplain management standards for the improvements to the visitor center. And Catherine. Yes, this item is a waiver to the floodplain standards for an existing building within the special flood hazard area. This is our visitor center downtown at the waterfront. According to New Hanover County tax records, this property contains a 561 square foot structure that was constructed around 1988. I'll show you some pictures. This is an aerial of the property. Also an aerial, this is from 2019. You can see that it's been reduced in size greatly. It's currently used as office space for the visitor center employees. It's open air and it's subject to extreme temperatures in the summer and the winter. To facilitate year-round use of this structure, the city has proposed several improvements to the building, including the replacement of all interior wall surfaces, the installation of wall insulation, flood vents, sliding windows, the addition of backflow prevention features to the existing toilets, and upgrades to the existing electrical panel. Since this property is in a special flood flood hazard zone 8E9, which signifies that waters are expected to rise to nine feet above mean sea level during the 1% annual chance flood, it is subject to uh city code section 18270, which requires that new new structures and substantial improvements are elevated or flood-proof to at least two feet above the base flood elevation, which would be a regulatory flood elevation of 11 feet for this property. Based on an elevation certificate provided by the city engineer, the floor elevation of the existing structure is four feet above mean sea level. There's also an existing electrical panel serving the subject property that is located at about seven feet above mean sea level. The proposed building alterations are a substantial improvement based on the national flood insurance program standards and city code chapter 18. Um the city is proposing to use flood resistant materials, elevate and flood-proof structures below the regulatory flood elevation and vent the enclosed space below the regulatory flood elevation. The proposed work complies with the city standards for development in the floodplain and it makes the existing structure more resistant to damage from flood waters. However, it's not feasible to elevate the existing electrical panel. The purpose of this request is for a waiver to the standard that requires the electrical panel to be elevated because it wouldn't be feasible to use if it were to be elevated. Um this matter is set before the board of adjustment on June 20th, 2024. I'm happy to answer any questions you may have of city staff, and we also have our director of public services present, Mr. Dave Mays. If you have any questions pertaining to the work to be completed. All right, does anyone have any questions of Catherine? All right. And I'd just like to submit the case summary and all attachments into the record. All right, thank you.
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