Wilmington Board of Adjustment Meeting - July 18, 2024

The Board of Adjustment of the City of Wilmington held a regular meeting on Thursday, July 18, 2024, at 1:02 p.m. in City Council Chambers. The board considered three new business items: a variance for wall signage at 1441 Eastwood Road, a variance for residential setbacks at 1823 Wrightsville Avenue, and a withdrawal of a signage variance at 187 Raleigh Street. No public comments were made.

Consent Calendar

• Approval of Minutes (June 20, 2024): Motion by Board Member Bennington, seconded by Board Member Mitchell, to approve the minutes. Passed 5-0.

Public Comments & Testimony

• No members of the public spoke during the evidentiary hearings for any agenda item.

Discussion Items

• 1441 Eastwood Road – Variance to Wall Sign Standards (BADV-2-724): Associate Planner Grace Lamay presented staff’s case: the property, zoned RB (CD), is being developed as an indoor recreation facility (iFLY). The applicant proposed three wall signs totaling 555 square feet, exceeding the 200-square-foot maximum. The applicant (co-owners Patrick McGuire and George Jamison, with sign consultant Ben Howell) argued that the strict application of the code allows only 2.9% wall coverage, that the property’s unique layout (drainage easements, stream, conservation setbacks) prevents a monument sign, and that the requested variance (8.2% coverage) is consistent with the ordinance’s spirit. Staff countered that better visibility is not a unique hardship and that the city council intentionally limited signage for aesthetic consistency. Board members struggled with findings of fact, particularly #4 (consistency with spirit/purpose). Attorney Whitley Stavish suggested a continuance to allow the applicant to present a code-compliant design. The applicant requested a continuance to the August 15, 2024 meeting. Motion to continue carried 4-0 (Board Member Bennington recused).
• 1823 Wrightsville Avenue – Variance to Dimensional Standards (BADV-3-724): Zoning Administrator Kathryn Thurston presented staff’s case: the property, zoned R-5, has a nonconforming accessory garage built in 2015. In 2023, the applicant (Kenneth Austin) constructed an enclosed breezeway connecting the principal dwelling to the garage, which staff deemed a violation because it effectively attached the structures, increasing nonconformity. The applicant’s attorney, Susan Keelin, argued that the lot is unique (60 feet wide vs. 33–39 feet for adjacent lots) and that the variance would allow the addition to remain at 4.7 feet from the side property line (with a 2.3-foot reduction from the required 7 feet, or 1.3 feet from the 6-foot 1945 corporate limit reduction). She noted that other lots in the block have smaller setbacks and that no neighbors or public safety are affected. Staff agreed that the four findings of fact were met. Board members expressed regret that the variance was not sought before construction but found the standards satisfied. Motion to approve carried 5-0.
• 187 Raleigh Street – Variance to Wall Sign Standards (BADV-1-724): Associate Planner Bentley Earnest presented the item. The applicant wished to withdraw. Motion to withdraw carried 4-0 (Board Member Bennington recused).

Key Outcomes

• Approved: Minutes of June 20, 2024 (5-0).
• Continued to August 15, 2024: Variance request for 1441 Eastwood Road (4-0). The applicant will return with revised sign designs.
• Approved: Variance for 1823 Wrightsville Avenue (5-0), allowing the existing addition to remain at 4.7 feet from the side property line.
• Withdrawn: Variance for 187 Raleigh Street (4-0).
• The next regular Board of Adjustment evidentiary hearing is scheduled for Thursday, August 15, 2024.