Design Adjustment Committee Meeting, December 12, 2024: Two Variance Approvals and 2025 Calendar Adoption
Wilmington Design Adjustment Committee Meeting Summary — December 12, 2024
Note: The agenda and the meeting’s presiding officer indicated the meeting occurred on Thursday, December 12, 2024 at 9:15 a.m. However, the official minutes record the meeting as Wednesday, December 11, 2024 at 1:30 p.m. This summary uses the date provided in the agenda and the Committee’s call to order, which matches the supplied timestamp.
The Design Adjustment Committee of the City of Wilmington met to consider two requests for design adjustments (variances) from the city’s technical standards, as well as to adopt the 2025 meeting calendar. Both variance requests were approved unanimously (5-0). No members of the public provided testimony.
Consent Calendar
- Approval of Minutes, November 20, 2024: The minutes were approved 4-0 with Vice‑Chair Vielkanowitz’s motion and Chairman Gordon’s second. Member Painter abstained because she had not attended the November meeting.
New Business — 716 S. 8th Street & 717 Solomon Alley
Request: Design adjustments for a residential subdivision. The applicant (Jon Wayne, Hanover Design Services) sought to subdivide a single lot (0.125 acres, zoned R‑3) containing two existing dwelling units into two lots. The existing driveway – a mix of gravel and concrete – provides the only access to the rear lot (717 Solomon Alley) but fails to meet city minimums for private access easement width (required 34 ft; existing 9.5–12 ft) and pavement width (required 20 ft, or 12 ft for a single unit; existing 7 ft at its narrowest point).
Key Discussion:
- The applicant (represented by attorney Faison Gibson and designer Jon Wayne) argued the driveway had served the properties for nearly a century and no changes were proposed. Access via Solomon Alley was impractical due to fences and unresolved title issues.
- Committee members questioned the driveway’s width and its encroachment onto adjacent property (about 2 ft without an easement). Fire services stated they would not drive on the narrow driveway but could stretch a hose line; an ambulance would likely stage on South 8th Street.
- A key concern was whether the subdivision would permit accessory dwelling units (ADUs) on either lot. Staff confirmed that ADUs could be built by right on the front lot (716 S. 8th Street) and might be possible on the rear lot with additional variances.
Outcome:
- Motion (by Mr. Seidel, seconded by Chairman Gordon) to approve the variance with a condition: No accessory dwelling units are permitted on either lot (716 S. 8th Street and 717 Solomon Alley) unless the applicant returns for further review. The committee emphasized that the condition was necessary because the substandard driveway could not safely support additional units.
- Vote: 5-0 in favor.
New Business — Cinema Drive CDMU (111 Cinema Drive)
Request: Design adjustments for a mixed-use redevelopment. The applicant (Brad Schuler, Paramounte Engineering) proposed to redevelop an 8.58‑acre former movie theater site into 146 residential units and 10,000 sq ft of commercial space. The technical standards limit private driveways accessed from a through street to 500 linear feet; the proposed main driveway is approximately 811 ft (311 ft over the limit). The applicant sought relief from this requirement.
Key Discussion:
- Staff (Patrick O’Mahony) presented the request. Chairman Gordon asked whether the driveway could be relocated to a more central location; the applicant explained that the site’s size and a sharp curve on Cinema Drive constrained the design. The longer driveway improves sight distance and allows on‑street parking for commercial areas.
- Mr. Seidel disclosed he had prior knowledge of the project as a former city engineer during the Technical Review Committee process. The applicant did not object to his participation.
- Fire services confirmed the extended driveway posed no significant issues for emergency access.
- The committee noted that the proposed development would reduce impervious surfaces and increase green space compared to the previous parking‑dominated use.
Outcome:
- Motion (by Chairman Gordon, seconded by Mr. Seidel) to approve the variance based on site constraints and improved internal circulation.
- Vote: 5-0 in favor.
Other Business
- Adoption of the 2025 Meeting Calendar: Presented by Chairman Gordon. No discussion. Motion (by Ms. Painter, seconded by Chairman Gordon) to approve the calendar as presented. Vote: 5-0.
Key Outcomes
- 716 S. 8th Street & 717 Solomon Alley: Variance approved (5-0) with condition prohibiting ADUs on either lot.
- 111 Cinema Drive: Variance from the 500‑foot maximum driveway length approved (5-0).
- 2025 Meeting Calendar: Approved (5-0).
- The meeting adjourned at approximately 2:06 p.m. (per minutes) or shortly after the 2025 calendar vote (per transcript).
Meeting Transcript
Call the meeting of the design adjustment committee to order. Um, before we get started, I have to read an introduction. The design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual, building design and material standards and subdivision standards. The committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures. These hearings are quasi-judicial evidentiary hearings. That means it's like a court hearing, and the committee's decisions are constrained by the standards in the ordinance and based upon the facts presented. All variance requests require four-fifths vote of the committee to grant the variance. Appeals of design adjustment committee decisions are to superior court. The parties in these cases are entitled to an impartial board. If a board member has a fixed opinion on the matter, a financial interest in the outcome, a close relationship with an affected person, or has had any ex parte communication about the matter. Please disclose that information to determine if a recusal is necessary. City staff will introduce the proposed project to the committee, and committee members may ask questions. The applicant may present additional information about the project, and members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard in the back of the room and be sworn in. Because witnesses are to provide sworn testimony. Please focus on the facts presented. Excuse me, focus on the facts and standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, state your name and address for the record, and speak clearly. At this time, staff will administer the oath for all individuals who intend to provide witness testimony. 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. Thank you. Our first item of uh business is approval of the minutes from last meeting. Has everyone had a chance to review them the minutes? And if so, are there any comments? Mr. Chairman, I'd make a motion to approve the minutes. I will second that motion. All in favor say of approval of the minutes. Say aye. Aye. Aye. Aye. Any opposed? That passes. Oh, that's right. But Linda abstained because she wasn't here. First item of new business, 716 8th Street and Solomon Alley. Is there a staff presentation? Good evening, Mr. Good afternoon, Mr. Chair and members of the committee. This is evidentry hearing number one, located at 716 South Eighth Street and 717 Solomon Alley. The site includes 0.125 acres and is located within an existing R3 residential district. The site currently contains two single dwelling units on one lot. 717 Solomon Alley is currently accessed via a paved concrete driveway fronting South 8th Street. These are photos of the existing driveway fronting South 8th Street. The applicant proposes to install a private access easement for the purposes of subdividing the partial into two lots, utilizing the existing site conditions. The newly created lots would be conforming to the R3 area lot area requirements.
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