Wilmington Board of Adjustment Meeting - August 15, 2024
Wilmington Board of Adjustment Meeting - August 15, 2024
The Wilmington Board of Adjustment met on August 15, 2024, at 1:00 p.m. to consider variance requests and a continuance. The board approved minutes, acknowledged a withdrawal, approved a variance for a Chick-fil-A at 604 & 608 Shipyard Boulevard, and continued a variance application for 4009 Masonboro Loop Road to September 19, 2024.
Consent Calendar
- Approval of Minutes (July 18, 2024): Approved unanimously (4-0).
Public Comments & Testimony
- No members of the public spoke in favor or opposition during the evidentiary hearing for the Shipyard Boulevard variance.
Old Business
- 1441 Eastwood Road – Variance to wall sign standards (BADV-2-724): The applicant withdrew their variance request. The board acknowledged the withdrawal; no vote was taken.
New Business
- 604 & 608 Shipyard Boulevard – Variance to drive-through facility configuration and signage (BADV-4-824): The applicant, Chick-fil-A (represented by Tom Johnson), requested two variances: (1) to allow a drive-through between the building and Shipyard Boulevard right-of-way (violating Code Section 18-205), and (2) to exceed the allowed 30 square feet of additional drive-through signage by 24.9 square feet, totaling 54.9 square feet (violating Code Section 18-391(B)). The applicant argued the double-lane drive-through would prevent traffic from backing onto Shipyard Boulevard, improving public safety, especially near an adjacent fire station. The board discussed site configuration, pedestrian safety, and the unique nature of a double drive-through. The board voted 4-0 to approve both variance requests.
- 4009 Masonboro Loop Road – Variance to accessory building size (BADV-5-824): Staff reported the applicant requested a continuance to the September 19, 2024, meeting. The board voted 4-0 to continue the item.
Key Outcomes
- Minutes approved: July 18, 2024 minutes approved 4-0.
- 1441 Eastwood Road: Withdrawn by applicant; no vote.
- 604 & 608 Shipyard Boulevard variances: Approved 4-0.
- 4009 Masonboro Loop Road: Continued to September 19, 2024, by vote of 4-0.
- Meeting adjourned at approximately 1:25 p.m.
Meeting Transcript
All right, we're gonna call to order the City of Wilmington Board of Adjustments meeting. Today is Thursday, August 15th. It is one o'clock. Before we go forward, I'm gonna read the Board of Adjustments introduction. Hearing before the Board of Adjustments are quasi-judicial 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 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 and based on the record. Appeals must be filed within 30 days of the date of the filing. The board's order in the planning division. A hearing before the board is conducted in accordance with rules of procedure. Those who want to testify in case are sworn in as witnesses. The chairperson will recognize those who want to testify or their attorneys for presentation of evidence during the hearing to ensure that all testimonies properly recorded. We ask that you please come forward to address the board, state your name and address, and speak clearly. Before we go on, we'll swear in those that are speak today. All right, I'll ask that staff applicants and members of the public who wish to speak today will 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, thank you. Our next item would be the approval of the minutes from the July 18th, 2024 meeting. Entertain a motion. Those all look good to you. Make a motion to approve the minutes from the July 18th, 2024 meeting. Is there a second? I'll second. All those in favor say aye. Aye. Anyone opposed? Those pass. Um our next item is old business. And we'll go ahead. There's two items that I guess are going to be cleared up. Item number one for 1441 Eastwood Road. They've asked to withdraw that item. Yes, this is for the IFLI case that we heard last month, and they um continued to allow time to revise their request, but they decided to withdraw the item altogether. All right, and we don't need a motion or anything that we can just acknowledge that. And this just to clear up, there is another item, item number three, 40 oh nine Masonboro Loop Road. They have asked for a continuance. Yes, they they would like to continue to the September meeting to allow for a full complement of the board to consider their item. All right, we will need a motion for that. Is there anyone to make a motion for that? I'd like to make a motion to extend item three, four zero zero nine Mason Borough Loop Road to the September 19 meeting. Is there a second? I'll second. All those in favor say aye. Aye. Anyone opposed? We'll continue that to September 19th. Our next item is new business.
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