Wilmington Board of Adjustment Meeting – June 12, 2025
Wilmington Board of Adjustment Meeting – June 12, 2025
The Wilmington Board of Adjustment held a quasi-judicial public hearing on Thursday, June 12, 2025, at the Skyline Center (though the minutes note the meeting was in City Hall, 102 North 3rd Street; a discrepancy exists between the agenda and minutes regarding meeting location). The board considered three variance requests, two withdrawals, and two continuances. The meeting was called to order at approximately 11:06 a.m. (the minutes state 1:07 p.m.; the transcript indicates an 11:06 a.m. start). All five members present voted unanimously on each action.
Consent Calendar
- Approval of Minutes (May 15, 2025): Approved 5-0.
- Item 1 – 5302 Autumn Drive: Withdrawn at the applicant’s request.
- Item 2 – 19 S 10th Street: Withdrawn at the applicant’s request.
- Item 3 – 6228 N Bradley Overlook: Continued to July 17, 2025, due to improper notice (sign was removed).
- Item 7 – 117 S 8th Street: Continued to July 17, 2025, due to improper notice.
Public Comments & Testimony
- Item 4 – 14 Formosa Drive:
- Mike Phelps (111 Formosa Drive) spoke in opposition, arguing the fence violated the city’s four-foot height limit for double frontage lots, created safety concerns, and was part of a pattern of code enforcement issues. He urged denial of the variance.
- The applicant, Carrie Hanley, responded that the fence was in her functional rear yard, she relied on city staff guidance (Zoning Officer Devante Smith) that an eight-foot fence was acceptable, and she faced harassment from the neighbor.
- Items 5 and 6: No members of the public spoke in favor or opposition.
Discussion Items
- Item 4 – 14 Formosa Drive (Fence Height Variance): The property is a double-frontage lot with frontages on Formosa Drive and Telephone Road. A prior six-foot nonconforming fence was replaced with an eight-foot fence. The applicant sought a two-foot variance to allow the eight-foot height. Staff noted the applicant had correspondence from city staff indicating eight feet was allowed, and that the fence was set back 20 feet from the property line, making the rear portion conforming. The board discussed the hardship stemming from city staff miscommunication. The evidentiary hearing included testimony from the neighbor and the applicant.
- Item 5 – 1109 Davis Sound Lane (Private Access Easement Variance): The vacant lot is the seventh dwelling unit to use a private access easement (Davis Sound Lane), which already serves six residences, exceeding the code limit of four. The applicant proposed improving the easement to a 16-foot gravel road with a turnaround and had design adjustment committee approval. The board found unnecessary hardship because without the variance the lot would be landlocked. The variance was approved unanimously.
- Item 6 – 5936 Market Street (Specimen Tree Removal Variance): The applicant sought to remove three specimen trees (24-inch live oak, 24-inch and 25-inch longleaf pines) to build a stormwater pond for a redeveloped auto dealership. The board questioned whether alternative pond designs or pervious surfaces could save the trees. The applicant agreed to two conditions: conduct an arborist study to determine if the trees could be incorporated into the stormwater system (allowing increased critical root zone impact if necessary), and perform a soil study to assess pervious pavement feasibility to reduce pond size. The variance was approved with these conditions.
Key Outcomes
- Item 4 – 14 Formosa Drive: Motion to approve the two-foot fence height variance carried 5-0.
- Item 5 – 1109 Davis Sound Lane: Motion to approve the variance to allow seven dwelling units on the private access easement carried 5-0.
- Item 6 – 5936 Market Street: Motion to approve the variance to remove three specimen trees, conditioned on an arborist study and soil study, carried 5-0.
- Calendar Update: The August meeting was moved to August 14, 2025, due to technology relocation to the Skyline Center. The September meeting will be at the new location.
- Next Regular Meeting: July 17, 2025, at 1:00 p.m.
Meeting Transcript
We're gonna go ahead and open the Board of Adjustments meeting for the City of Wilmington. Today is Thursday, June 12th. It is 1106. Um before we get started, I'm gonna read the Board of Adjustments introduction. Hearings before the Board of Adjustments are quasi-judicial in nature. Decisions for the board are based on the record of these proceedings. To grant a variance requires a concurrent vote of four fifths of the member of the board. To reverse or modify the determination of an administrative official requires a simple majority. Evidence submitted to the board for review becomes part of the record. Appeals to the board's decision are in superior court and are based on the record. Appeals must be filed within 30 days of the date of filing of the board's order in the planning division. A hearing before the board is conducted in accordance with it with rules of procedure. Those who want to testify in a case are sworn as witnesses. The chairperson recognizes those who want to testify or their attorneys for presentation of evidence during the hearing. Please come forward to address the board, state your name, address, and speak clearly. Next item is we'll um swear in anyone that's going to be speaking today. All right, we'll ask that staff, applicants, members of the public who wish to speak today, I'll stand and raise your right hand. Do you swear that testimony you're about to give us the truth, the whole truth, and nothing but the truth? Thank you. All right, thank you. Our next item on our agenda is the approval of the minutes from the May 15th meeting. If there aren't any changes, I'd entertain a motion for those approval. Proposed a motion that we approve the minutes from the May 15 meeting. Is there a second? All right. All those in favor say aye. Aye. Anyone opposed? Meeting minutes are approved. Uh next item is old business. It's 5302 Autumn Drive, a variance to City Code Section 18-28 for the reduction to the lot area and the setback requirements to the sorry, facilitate the division of the lot in an R 15 district. Uh this applicant has requested to withdraw this item. Yes, sir. Okay, for the record, we'll show that that has been withdrawn. Our next item is new business. It's 19 South 10th Street, appealing to a zoning determination regarding use of structure as a nightclub in an urban mixed use district. This one has also been withdrawn by the applicant. Yes, sir. All right, we'll acknowledge that on the record. We have two items that are asking for continuances. The the first one is item three, six two two eight, North Bradley Overlook. Appeal of a zoning offers determination that two trees located within a conservation resource overlay do not meet the criteria for removal as set forth in the city code section 18-317. Um Catherine. Uh this one needs to be continued due to improper notice. The sign that was posted on the property was removed. Okay, so the it needs to be removed, it needs to be continued to our July 17th, yes 2025 meeting. I would like to make a motion that we continue item three, 6228 North Bradley overlooked to the July 7 meeting. All right, there's been a motion to continue the July 17th meeting. Is there a second? Second.
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