Wilmington Board of Adjustment Meeting Summary – December 12, 2024

The Wilmington Board of Adjustment met on Thursday, December 12, 2024, beginning at 1:00 p.m. and adjourning at approximately 2:04 p.m. The board heard four variance requests, continued one tree-preservation variance, approved the prior meeting's minutes, and adopted the 2025 meeting calendar. The agenda listed the location as City Council Chambers at Skyline Center, while the minutes state the meeting was held in City Council Chambers at City Hall, 102 North 3rd Street. No members of the public testified in favor or opposition on any item; applicants and their attorneys presented testimony.

Consent Calendar

• Approved the November 21, 2024, Board of Adjustment meeting minutes unanimously, 5–0.
• Approved the 2025 Meeting Dates & Submission Calendar unanimously, 5–0, with a correction moving the June meeting date from June 19 to June 12.

Public Comments & Testimony

• No members of the public offered comments. For each item, the board opened and closed the evidentiary hearing after no non-party speakers came forward.

Discussion Items

• 14 Wilmington Avenue – Tree preservation variances (BADV-8-924): Staff planner Grace Lamay presented the request for variances to allow removal of one specimen tree and encroachment of more than 20% into the critical root zones (CRZ) of five other specimen trees in the CS commercial services district. The 0.8-acre site contains 100 identified trees, six of which are specimen trees; 55 trees are proposed for removal, including one 26-inch specimen tree. The proposed CRZ disturbances for the five retained specimen trees were 37%, 30%, 24%, 23%, and 39%, all above the 20% code limit. The applicant, Jake Modesto, said the layout was reconfigured with arborist input to save five specimen trees. Staff recommended conditions: no tree removal until the site is rezoned by City Council and a final site plan is approved by the Technical Review Committee; continued design work to preserve specimen trees; and invalidation of the variance if later plan changes could preserve a tree. Board members commended the applicant for working with staff. Approved 5–0. The record lists the removed tree in one place as a 26-inch live oak and in another as a 26-inch longleaf pine; mitigation was calculated as 52 caliper inches.
• Legacy Pointe on Shandy Lane – Sidewalk variance (BADV-11-1124): Staff presented the request to waive the sidewalk installation requirement for the Legacy Pointe subdivision, an 8-lot, 5.78-acre R-20 development approved in 2021. The approved plan included a 5-foot public sidewalk easement along Shandy Lane adjacent to lots 1–6. The applicant's attorney, Amy Schaefer, argued the sidewalk would be an isolated segment with no connections, would harm trees and increase impervious surface in a CAMA-designated conservation and watershed protection area, and was not needed for pedestrian safety. Staff recommended a fee-in-lieu condition of $35 per linear foot, approximately $24,570. Board members agreed the sidewalk lacked connectivity, and Board Member Tyler Newman opposed charging a fee in lieu. Approved 5–0, waiving the fee-in-lieu condition. Note: the agenda referenced Section 18-494, while staff and minutes cite Legacy Code Section 18-376.
• 120 Switchyard Road – 15-foot sound wall variance (BADV-16-1224): Staff planner Bentley Earnest presented the request for a 15-foot-tall fence/sound wall along the CSX Railroad property boundary, a 7-foot variance from the 8-foot maximum in a residential district. The property was rezoned in August 2024 to MD-10 (CD) for a 60-unit townhome development. Applicant attorney Sam Potter and developer Joe Sabino explained that wetlands in the middle of the property forced buildings to the periphery next to the rail line, and the wall would buffer noise and vibration. Board Member Patrick Moore said he could not meet the four findings of fact because being near a rail line was not unique to the site. Board Member Tyler Newman supported the variance, citing the wetland constraint and surrounding nonresidential zoning. Approved 4–1, with Vice-Chair Moore voting no.
• 1490 Allens Lane – Fence height variance (BADV-17-1224): Staff presented the request to increase an existing fence from 4 feet to 6 feet along Wrightsville Avenue in the MD-17 (CD) district for a 16-unit townhome project. The agenda listed a 3-foot variance, but the applicant and staff clarified the actual request was a 2-foot variance. Applicant Josh Mihaly explained the fence would provide more visual screening. Staff initially asked for a continuance because part of the fence was 12.5 feet from the property line rather than the required 15 feet; the applicant agreed to meet the 15-foot setback. Approved 5–0. Chairman Jeff Hovis recused himself, and Alternate Alain Norman sat in his place.
• 809 N. Kerr Avenue – Tree removal variance (BADV-18-1224): The applicant requested a continuance to discuss the proposal and potential alternatives. Staff concurred. The board continued the item to the January 16, 2025, meeting date, 5–0.

Key Outcomes

• Approved the 14 Wilmington Avenue variances 5–0 with staff-recommended conditions.
• Approved the Legacy Pointe sidewalk variance 5–0, without the fee-in-lieu condition.
• Approved the 120 Switchyard Road sound wall variance 4–1, with Vice-Chair Moore dissenting.
• Approved the 1490 Allens Lane fence variance 5–0 after the applicant agreed to the 15-foot setback.
• Continued the 809 N. Kerr Avenue variance to January 16, 2025, 5–0.
• Approved the November 21, 2024, minutes and the corrected 2025 meeting calendar.
• The next regular Board of Adjustment hearing was set for Thursday, January 16, 2025; the minutes state January 16, 2024, which appears to be a typographical error.