Wilmington Board of Adjustment Meeting – September 19, 2024
Board of Adjustment Meeting – September 19, 2024
The Wilmington Board of Adjustment held a regular meeting on Thursday, September 19, 2024, beginning at 1:03 p.m. and adjourning at approximately 4:11 p.m. in City Council Chambers. The board considered six items: approval of minutes, one old business variance, and four new business requests. All votes were unanimous except for two split votes on the Carolina Beach Road item. The meeting included public testimony on one item and a continuance on another.
Consent Calendar
- Approval of Minutes (August 15, 2024): Approved 5-0.
Old Business
- 4009 Masonboro Loop Road – Variance to City Code Section 18-199: Approved 5-0. The variance allowed a 4,000-square-foot accessory structure (permitted in error) to remain, even though it exceeds 100% of the primary structure’s gross floor area. The structure was built per approved plans. No public testimony.
Public Comments & Testimony
- 1912 Oak Street: Margie Erickson, a neighboring property owner, expressed concerns about the proposed 33-foot-wide lots with 4.5-foot side setbacks. She argued the development would not fit the neighborhood character and raised issues of parking, drainage, and privacy. The applicant, Darren Ivey, responded that similar narrow lots exist nearby and that parking and drainage would be addressed during later TRC review.
Discussion Items
1912 Oak Street – Side Setback Variance
The board approved a variance of 4 feet to the required 8.5-foot interior side setback for six nonconforming lots in the R-7 district (each 33 feet wide). The applicant needs the reduction to build 24-foot-wide homes. The board found unnecessary hardship due to the narrow lot width and noted precedents in the neighborhood. Vote 5-0.
1 Hanover Street – Glazing Variance
The board approved a variance to waive the requirement for clear/lightly tinted glass at street level (Legacy Code Sections 18-196 and 18-554) for a proposed hotel on a brownfield site. The applicant demonstrated that the 13-foot slope and contaminated groundwater made excavation impractical; they will use opaque glass with a faux facade. Staff confirmed a variance to retaining wall height was not needed. Vote 5-0.
14 Wilmington Avenue – Specimen Tree Removal Variance (Continued)
Board Member Bennington recused herself, leaving four members. The applicant, Jake Modestow, requested a variance to remove six specimen trees (including live oaks and pines) for a 13-townhome development. Staff noted five of the six trees are on the periphery and outside building footprints; they suggested shifting buildings and using flexible setbacks to preserve trees. The board discussed the need for updated site plans and critical root zone surveys. The applicant agreed to continue to the October 17, 2024 meeting. Vote to continue 4-0.
2505 Carolina Beach Road – Three Variance Requests
- Section 18-321 (5-ft buffer between parking lots): Variance to 2 feet. Approved 5-0.
- Section 18-359 (sidewalk on Buckingham Avenue): Variance from sidewalk requirement, conditioned on a fee-in-lieu ($35/linear foot) for uninstalled portions. Approved 4-1 (Chairman Hovis dissenting).
- Section 18-319 (15-ft streetscape landscaping): Variance to approximately 6 feet for the depth of the landscaping area, conditioned on providing the required number of trees. Approved 4-1 (Chairman Hovis dissenting). The applicant (attorney Steve Coggins) argued the narrow 105-foot-wide lot (originating from a 1960s residential subdivision plat) and need for 30 parking spaces made full compliance unworkable. No public testimony was given. The board also discussed site triangles and DOT requirements.
7333 Orchard Trace – Accessory Structure Location Variance
The board approved a variance to allow an existing 256-square-foot accessory building to remain, even though it extends closer to the corner side property line than the primary structure. The building was built per a permit issued in error. Vote 5-0.
Key Outcomes
- Approvals: Five items approved (Minutes, Masonboro Loop, Oak Street, Hanover Street, Orchard Trace).
- Continue: 14 Wilmington Avenue continued to October 17, 2024 (4-0).
- Split Votes: Carolina Beach Road item had two 4-1 approvals (Sections 18-359 and 18-319) with Chairman Hovis dissenting; Section 18-321 passed 5-0.
- Next Meeting: October 17, 2024, at 1:00 p.m. for continued item and new business.
Meeting Transcript
We are going to call to order the uh City of Wilmington Board of Adjustments meeting. Today is Thursday, September 19th. It is 103. Before we get started, I'm going to read the Board of Adjustment 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 a concurrent vote of four-fifths of the members of the board. To reverse or modify the determination of 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 superior court or based on the record. Appeals must be filed within 30 days of the date of 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 a case or sworn as witnesses. The chairperson recognizes those who want to testify or their attorneys for presentation of evidence during the hearing. To ensure that testimony is properly recorded, please come forward to address the board, state your name, address, and speak clearly. Before we go on, do you want to go ahead and swear everyone in? Anyone that's going to speak today, would you please rise to be sworn in? All right. Staff, applicants, and members of the public who wish to speak or may 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. Okay, thank you. Um our next item will be the approval of the minutes from the August 15th meeting. Uh take a motion if there isn't any changes. I'll make a motion to approve the minutes of the August 15 meeting. Is there a second? I'll second that. Okay. All those in favor say aye. Aye. Aye. Anyone opposed? Those minutes are approved. Our next item is old business. It involves 40 oh nine Masonborough Loop Road. It's for a variance to City Code 18-199 to allow an existing accessory structure that was issued a permit in error to remain even though it exceeds 100% of the gross floor area for the primary structure. Uh Grace Lemay will be presenting this one. Uh good afternoon, Mr. Chairman and members of the board. I'm Grace Lemay, an associate planner here with the City of Wilmington. Um today our subject property at 40 oh nine Masonboro Loop Road is zone R15, moderate density single dwelling residential, and it contains a 1,300 square foot single family dwelling and a 360 square foot accessory building. City Code Section 18199 allows up to two accessory buildings on lots in residential districts, provided that the combined area or the square footage does not exceed 100% of the gross floor area of the primary structure. Based on the square footage of the existing house, City Code would allow for the construction of up to two accessory structures with a combined gross floor area of 1,300 square feet. With one accessory structure existing on the subject property measuring approximately 360 square feet, City Code would permit the construction of a second accessory structure up to 940 square feet for a combined total of 1,300 square feet. In May of 2023, a building permit was issued with approval from city staff for the construction of a roughly 4,000 square foot detached accessory structure on the subject property. Following issuance of the building permit, construction began in May of 2023. In July of 2024, city staff visited the subject property to complete the final zoning inspection of the building and determine that the gross floor area of the accessory structure exceeds that of the primary structure in violation of city code standards. The accessory structure was constructed as per approved plans, bringing the total square footage of both accessory structures to 4,360 square feet. The applicant is requesting a variance to allow the combined gross floor area of the accessory structures to exceed 100% of the gross floor area of the primary structure by 300 3,060 square feet. The applicant states that all construction has strictly been completed according to the permit approval, and the building has passed all other inspections excluding city zoning.
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