Wilmington Design Adjustment Committee Meeting - April 16, 2025
Wilmington Design Adjustment Committee Meeting - April 16, 2025
The Design Adjustment Committee of Wilmington met on Wednesday, April 16, 2025, at 1:30 p.m. (agenda listed City Council Chambers, Skyline Center; minutes indicate Thalian Hall, 102 North 3rd Street, 2nd floor). The committee considered three new-business items, including a continuance, a multi-family mixed-use project with five design adjustments, and a single-family home on an existing private access easement. Decisions included four approvals, one denial, and one conditional approval.
Consent Calendar
- Approval of Minutes – March 19, 2025: Approved unanimously (5-0) with no suggested changes.
Discussion Items
1. North 17th Street Shopping Center (Continuance)
The applicant, Quantum Real Estate LLC represented by attorney Dana Lingenfelter (Ward & Smith), requested a continuance to the May 21, 2025 meeting because the lead attorney was unavailable. The committee unanimously approved (5-0) the continuance, moving this item to the next meeting.
2. Shipyard Apartments (3907 Shipyard Blvd.)
The applicant, John Tunstall (Tunstall Consulting Engineers), requested design adjustments for a 25.14-acre mixed-use project with 456 multi-family units and 40,000 sq ft of commercial space, zoned O&I. Staff (Patrick O’Mahony) presented five requested waivers from technical standards:
- Private driveway length: Proposed 819.5 ft vs. 500 ft max. Committee approved (5-0), citing good site circulation and multiple access points.
- Non-municipal easement width: Requested to eliminate a 10-ft easement on a portion of the west side of Tiburon Drive. Approved (5-0) based on site constraints near the intersection.
- Non-residential collector street cross section: Proposed a 10-ft multi-use path on the east side instead of 5-ft sidewalks on both sides. Approved (5-0), noting consistency with adjacent development and multimodal goals.
- 60-ft corner clearance: Proposed 55 ft. The applicant stated the standard could be met. Committee denied (5-0) for lack of site constraint.
- 200-ft horizontal centerline radius: Proposed 100 ft. Approved (5-0) with conditions including curve warning signs and a traffic signal ahead warning sign, due to the stop-controlled intersection.
After the individual votes, the committee approved the preliminary plan (5-0) subject to the denied waiver being remedied and staff conditions.
3. 1109 Davis Sound Lane (Private Access Easement)
The applicant (Billy Elmore, represented by Cindee Wolf) sought a design adjustment for a new single-family home on a 0.62-acre lot served by an existing non-conforming private access easement (Davis Sound Lane, approximately 20 ft wide, gravel surface, 10 ft narrowest point). Staff noted the easement provides access to six homes and the applicant would also seek a Board of Adjustment variance for an accessory dwelling unit. The applicant proposed to realign the driveway onto city-owned property and add a hammerhead turnaround. The committee approved the waiver (5-0) with a condition to widen the graveled portion to at least 16 ft (the city standard for private access easements) to accommodate emergency vehicles. The applicant also agreed to add signage prohibiting parking in the turnaround.
Key Outcomes
- Continuance granted for North 17th Street Shopping Center to May 21, 2025 (5-0).
- Shipyard Apartments: Four of five design adjustments approved; one denied (corners clearance). Preliminary plan approved (5-0) with conditions.
- 1109 Davis Sound Lane: Design adjustment approved (5-0) with condition to widen gravel to 16 ft.
- Next steps: The Shipyard Apartments will return to TRC for final review. The applicant for Davis Sound Lane will pursue a separate Board of Adjustment variance for an ADU.
Note: The agenda listed the meeting location as City Council Chambers, Skyline Center, while the minutes place it at Thalian Hall. No explanation for this discrepancy was provided during the meeting.
Meeting Transcript
Call the uh 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, specifications manual, building design and material standards, and subdivision standards. The design adjustment 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 evidence here 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 a 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 in t 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 their 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 and the standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, state your name and address to the record, and speak clearly. At this time, staff will administer the oath for all individuals who intend to provide witness testimony. If I could have all staff applicants and members of the public, anybody who wishes to speak this afternoon to please stand up and raise your right hand. Do you agree that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. The first item on the agenda is approval of the minutes. Has everyone had a chance to review the minutes, and if so, are there any uh any uh comments or a motion? Um I have no comments. Um I'd make a motion to approve the minutes. I will second. All in favor of approval of the minutes say aye. Aye. Aye. Any opposed? Motion carries. That brings us to our uh business agenda. Um I would like, if there's no objection from the committee members, I would like to move item number three to the first item since they are um the applicant is requesting a continuance. Item number one, North 17th Street Shopping Center. Good afternoon. My name is Dana Lingenthalser, and I'm an attorney with Warden Smith, and we represent the applicant. Unfortunately, my partner Sam Frank is out of town and not able to be here today, and he'd like the opportunity to address you all and represent our client, which is why we're requesting a continuance. Thank you. Any discussion? Thank you. Um I'll make a mo. I guess we have to make a motion to uh request to approve the continuance. I'll make that motion. Second. All in favor of uh continuance to the May 21st meeting. Say aye. Aye. Aye. Opposed. Continuance is approved. Thank you.
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