Wilmington Board of Adjustment Meeting – November 22, 2024

The Wilmington Board of Adjustment met on the date provided, November 22, 2024 (agenda date; the minutes and transcript record the meeting as Thursday, November 21, 2024), to conduct a public hearing on variances, continuances, and board rules. The board approved minutes, continued two cases, approved an extension and three accessory-structure height variances, and did not grant a drive-through variance.

Consent Calendar

• Approved the October 17, 2024 meeting minutes unanimously (5-0).

Public Comments & Testimony

• For 4607 Market Street, no one spoke in favor or opposition.
• For 104 Rucker Run, Terry Cavanaugh, a neighbor at 105 Rice Road, opposed the variance. She cited unpermitted concrete, stormwater runoff concerns, and stated a simple Google search showed accessory structures cannot exceed the primary structure's height; she argued the developer showed disregard for the neighborhood.
• For 112 Rucker Run, Ms. Cavanaugh again opposed, saying the height issue should have been caught during inspections and that granting variances creates an unfavorable public image.

Discussion Items

• 14 Wilmington Avenue (BADV-8-924): Variances for specimen tree removal and/or critical root zone encroachment in the CS district. The applicant requested a continuance; the board continued the item to December 12, 2024, unanimously (5-0).
• 615 N. Front Street (BADV-33-123): Extension of a variance granted January 19, 2023, for maximum building setback and parking location in the Central Business District. Chairman Hovis recused; Alternate Jess Johnson sat in. Staff explained the applicant still must meet Technical Review standards. The board approved the extension unanimously (5-0).
• Legacy Pointe On Shandy Lane (BADV-11-1124): Variance from the sidewalk installation requirement along Shandy Lane. Staff requested a continuance due to a deficiency in the notice sent; the board continued to December 12, 2024, unanimously (5-0).
• 4607 Market Street (BADV-15-1124): Variance to allow a single-lane drive-through for a proposed 2,460-square-foot restaurant between the building and Market Street right-of-way on a 1.48-acre vacant parcel. Applicant Robert Lindgren said the queue design maximizes space and preserves 25 parking spaces. Board discussion included whether national-brand drive-through designs warrant a code change; staff said sites can be designed to current code. A motion to deny failed 3-2, and a motion to approve failed 3-2, so the variance was not granted.
• 104 Rucker Run (BADV-12-1124): Variance for an existing 1,056-square-foot accessory dwelling unit that was 7.43 feet taller than the 2,385-square-foot primary residence. The applicant's attorney, Steve Coggins, argued the code's table language created an understandable error. The city waived the application fee because the need for the variance was created by a city staff error. Chairman Hovis stated contractors have a responsibility to know the code. The variance was approved 4-1, with Hovis voting no.
• 105 Rucker Run (BADV-13-1124): Same situation, with the accessory unit 7.29 feet taller than the primary structure. Board members noted the project was built as permitted and the situation was unfortunate. The variance was approved 4-1, with Hovis voting no.
• 112 Rucker Run (BADV-14-1124): Same situation, with the accessory unit 6.88 feet taller than the primary structure. Cavanaugh's public comments were incorporated. Staff clarified city zoning does not conduct mid-construction inspections; New Hanover County handles those. The variance was approved 4-1, with Hovis voting no.

Key Outcomes

• Approved minutes 5-0.
• Continued 14 Wilmington Avenue and Legacy Pointe to December 12, 2024.
• Approved the 615 N. Front Street variance extension 5-0.
• Did not grant the 4607 Market Street drive-through variance; both deny and approve motions failed 3-2.
• Approved the three Rucker Run height variances, each 4-1 with Chairman Hovis dissenting.
• Approved revised Board of Adjustment Rules of Procedure 5-0, adding two alternate members and requiring all members to plan to attend all meetings. City Council will vote on the amendment in December.