Meeting colors

OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

City of Wilmington Board of Adjustment Meeting – January 16, 2025

Board of Adjustment — Thursday, January 16, 2025

BodyWilmington, North Carolina

SessionBoard of Adjustment

DateThursday, January 16, 2025

StatusFILED

Video Record

0:00 / 31:56

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:00

You're right.

0:02

All right, we're gonna call to order the City of Wilmington's Board of Adjustments meeting for Thursday, January 16th, 2025.

0:12

It is 103.

0:15

Um before we start, I'm gonna read the Board of Adjustments introduction.

0:20

Hearings before the Board of Adjustments are quad quasi judicial in nature.

0:24

Decisions of the board are based on the record of these proceedings.

0:28

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 simple majority.

0:38

Evidence submitted to the board for review becomes part of the record.

0:41

Appeals of the board decisions are to the superior court and are based on the record.

0:46

Appeals must be filed within 30 days of the data filing of the board's order in the planning division.

0:52

A hearing before the board is conducted in accordance with the rules of procedure.

0:55

Those who want to testify in the case are sworn in as witnesses.

0:58

The chairperson recognizes those who want to testify or their attorneys for representation for evidence during the hearing to ensure that all testimony is properly recorded.

1:07

Please come forward to address the board, state your name and address and speak clearly.

1:12

Um X will be swearing in.

1:13

Anyone that is going to speak today, if you'd please stand.

1:16

All right, I'll ask that staff, applicants, members of the public that wish to speak, stand and raise your right hand.

1:20

Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

1:24

Thank you.

1:26

All right, thank you.

1:27

Um, our next item will be the approval of the minutes from the December 12th, 2024 meeting.

1:32

If there's not a change, it entertain a motion for approval.

1:35

Proposed a motion to approve the minutes of the December 12, 2024 meeting.

1:40

I'll second.

1:41

All those in favor say aye.

1:42

Aye.

1:43

Anyone opposed?

1:44

Those passed.

1:45

Next item is old business.

1:46

It regards 809 North Carr.

1:49

It's a variance to tree preservation standard for the removal of two specimen trees located within the R10 residential zoning district per city code, chapter 18, section 18-318.

2:02

The applicant has requested to continue this item to the February 20th meeting.

2:06

Uh they continue to work with staff to um find ways to maximize tree save on that site.

2:12

All right.

2:12

There's been a request for a continuance.

2:14

Is there a motion for that approval?

2:16

I'll make a motion that we continue item one, 809 North Carr Avenue to the February 20th, 2025 Board of Adjustment Meeting.

2:24

Is there a second?

2:25

I'll second.

2:26

All those in favor say aye.

2:27

Hi.

2:27

Anyone opposed?

2:28

That is continued.

2:29

Next item will be new business.

2:31

It's 4717 College Acres Drive.

2:34

A variance to the commercial parking lot frontage standards for the district as per city code.

2:39

I'm sorry, for the maximum parcel width from the parcel location within the R5 CD residential conditional zoning district as per City Code Chapter 18, Section 18-132.

2:52

Catherine.

2:58

Thank you, Chairman Huffas.

3:00

Yes, this item um 4717 College Acres Drive.

3:03

This is a property that's um that was rezoned from R15 to R5 C D to allow the construction of two triplex structures.

3:12

The applicant has since applied to rezone the property again, this time to community business to allow the construction of a commercial parking lot, which is considered a parking lot that's not incidental to another use.

3:23

That rezoning would be heard by the planning commission on February 5th, 2025.

3:28

You can see the uh surrounding zoning to the north, regional business.

3:31

There's um R15 and multifamily to the east, opposite institutional to the south, and community business to the west.

3:42

This is the applicant's site plan that was submitted.

3:45

Um commercial parking lots are permitted in the community business district, but it's subject to conditions that are set forth in land development code section 18132.

3:53

That does include a maximum lot frontage of 75 feet.

3:56

The subject property has a hundred feet along College Acres Drive, so they would require a 25-foot variance from that front edge requirement.

4:04

Uh this matter is set for hearing before the board of adjustment today, January 16th, 2025.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████68%

Procedural██████████15%

Parking Management█████████14%

Fire Safety██3%

Summary of Proceedings

City of Wilmington Board of Adjustment Meeting – January 16, 2025

The Wilmington Board of Adjustment held a quasi-judicial public hearing on Thursday, January 16, 2025, at 1:00 PM in City Council Chambers. The board unanimously approved the previous meeting's minutes, continued one old business item, granted one variance for a commercial parking lot, and continued another variance request to allow the applicant to provide a site plan. All votes were 5-0.

Consent Calendar

Approval of Minutes (December 12, 2024): The board voted 5-0 to approve the minutes from the December 12, 2024 meeting.

Discussion Items

Old Business – 809 N. Kerr Avenue (Variance to tree preservation standards): The applicant requested a continuance to February 20, 2025, to continue working with staff on maximizing tree preservation. The board unanimously granted the continuance (5-0).
New Business – 4717 College Acres Drive (Variance to commercial parking lot frontage standards): The property, currently zoned R-5 (CD), is proposed for rezoning to Community Business to develop a commercial parking lot. The lot has 100 feet of frontage, exceeding the 75-foot maximum, requiring a 25-foot variance. Applicant representative Cindee Wolf argued that the lot’s size creates a hardship and that the proposed 60-foot parking lot module complies with the spirit of the code. After a site visit, Vice-Chair Moore found the variance acceptable. The board voted 5-0 to approve the variance based on the four findings of fact.
New Business – 208 Tennessee Avenue (Variance to side interior setback requirements): The applicant seeks to reduce the side interior setbacks from 8.5 feet to approximately 4 feet and the rear setback from 20 feet to 10 feet on a 25-foot-wide lot zoned R-7 (though the agenda incorrectly listed R-3). Applicant representative Mark Kelly requested a variance to allow a 15- to 18-foot-wide house. The board expressed concern about the lack of a site plan and uncertainty about meeting off-street parking requirements. The applicant agreed to a continuance. The board voted 5-0 to continue the item to the February 20, 2025 meeting for a site plan.

Key Outcomes

Minutes approved (5-0).
809 N. Kerr Avenue continued to February 20, 2025 (5-0).
4717 College Acres Drive variance granted (5-0).
208 Tennessee Avenue continued to February 20, 2025 for submission of a site plan (5-0).
The meeting adjourned at approximately 1:35 PM.

The next regular Board of Adjustment evidentiary hearing is scheduled for Thursday, February 20, 2025.

Meeting Transcript

You're right. All right, we're gonna call to order the City of Wilmington's Board of Adjustments meeting for Thursday, January 16th, 2025. It is 103. Um before we start, I'm gonna read the Board of Adjustments introduction. Hearings before the Board of Adjustments are quad 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 simple majority. Evidence submitted to the board for review becomes part of the record. Appeals of the board decisions are to the superior court and are based on the record. Appeals must be filed within 30 days of the data filing of the board's order in the planning division. A hearing before the board is conducted in accordance with the rules of procedure. Those who want to testify in the case are sworn in as witnesses. The chairperson recognizes those who want to testify or their attorneys for representation for evidence during the hearing to ensure that all testimony is properly recorded. Please come forward to address the board, state your name and address and speak clearly. Um X will be swearing in. Anyone that is going to speak today, if you'd please stand. All right, I'll ask that staff, applicants, members of the public that wish to speak, 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. Um, our next item will be the approval of the minutes from the December 12th, 2024 meeting. If there's not a change, it entertain a motion for approval. Proposed a motion to approve the minutes of the December 12, 2024 meeting. I'll second. All those in favor say aye. Aye. Anyone opposed? Those passed. Next item is old business. It regards 809 North Carr. It's a variance to tree preservation standard for the removal of two specimen trees located within the R10 residential zoning district per city code, chapter 18, section 18-318. The applicant has requested to continue this item to the February 20th meeting. Uh they continue to work with staff to um find ways to maximize tree save on that site. All right. There's been a request for a continuance. Is there a motion for that approval? I'll make a motion that we continue item one, 809 North Carr Avenue to the February 20th, 2025 Board of Adjustment Meeting. Is there a second? I'll second. All those in favor say aye. Hi. Anyone opposed? That is continued. Next item will be new business. It's 4717 College Acres Drive. A variance to the commercial parking lot frontage standards for the district as per city code. I'm sorry, for the maximum parcel width from the parcel location within the R5 CD residential conditional zoning district as per City Code Chapter 18, Section 18-132. Catherine. Thank you, Chairman Huffas. Yes, this item um 4717 College Acres Drive.

SUMMARIZED BY OPENPUBLICA AI

TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com