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Record of Proceedings

Wilmington Board of Adjustment Meeting – July 17, 2025

Board of Adjustment — Thursday, July 17, 2025

BodyWilmington, North Carolina

SessionBoard of Adjustment

DateThursday, July 17, 2025

StatusFILED

Video Record

0:00 / 30:56

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0:00

All right, we're gonna call the go ahead and call to order the city of Wilmington's Board of Adjustment meeting.

0:05

Today is Thursday, July 17th, 2025, and it is 101.

0:12

Um before we get started, I just want to read the board of adjustment introduction.

0:16

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

0:20

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

0:24

Two grant of variants requires concurrent vote of four fifths of the members of the board.

0:29

To reverse or modify the termination of administrative official requires a simple majority.

0:34

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

0:38

Appeals of the board's decision are to Superior Court and are based on the record.

0:42

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

0:48

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

0:52

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

0:55

The chairperson recognizes those who want to testify or their attorneys for presentation of evidence during the hearing.

1:01

To ensure that all testimony is properly recorded, please come forward to address the board, state your name, address, and speak clearly.

1:09

Next thing we'll do is swear in anyone that's going to speak or present information today.

1:22

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

1:28

All right, thank you.

1:29

Our next item is going to be the approval of the minutes from the June 12th, 2025 meeting.

1:35

If there isn't any changes, I'd take a motion for approval.

1:39

So moved.

1:40

Is there a second?

1:40

Second.

1:41

All those in favor say aye.

1:43

Aye.

1:43

Anyone opposed?

1:45

Meeting minutes are approved.

1:46

Um we have two items to clear up on our agenda.

1:50

Um want to go ahead.

1:51

We have item two, the applicant is withdrawn, so we don't really have to take any other action on that, correct?

1:58

Is it applicant requests withdrawal from item number two for 117 South 8th?

2:06

We good on the good on that one as a withdrawal.

2:10

Okay.

2:10

And then we also have one a continuance.

2:13

Item number four for 1225 Great Oak Drive for the variance to request a bulkhead extension in the R20.

2:23

Is and is that date specific?

2:25

Uh that'll be the August 18th meeting, that the next regular meeting.

2:29

August 14th.

2:30

August 14th.

2:31

Oh, I'm sorry, yes, August 14th.

2:33

Okay.

2:33

Sorry.

2:34

All right.

2:34

So with a motion to continue item four, one two two five Great X Drive to the August 14 meeting.

2:41

All right.

2:41

It's is there a second, please?

2:43

Second.

2:43

All right.

2:43

All those in favor say aye.

2:45

Aye.

2:45

Anyone opposed?

2:46

That's continued.

2:47

All right.

2:48

We'll start with item number one, 6228, North Bradley Overlook.

2:53

Appeal of a zoning officer's determination that two trees located within the conservation resource overlay do not meet criteria for removal as set forth in the city code section 18-317.

3:06

Mr.

3:06

Chairman, I need to recuse myself from item one.

3:09

All right.

3:09

And Graham will be coming up to take my place.

3:13

No, Graham, I'm sorry, Greg's already will be coming up.

3:15

You already here.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████82%

Procedural██████11%

Transportation Safety████7%

Summary of Proceedings

Wilmington Board of Adjustment Meeting – July 17, 2025

The Wilmington Board of Adjustment held a quasi-judicial public hearing on Thursday, July 17, 2025, beginning at 1:01 p.m. and adjourning at approximately 1:31 p.m. The board considered an appeal of a zoning officer’s tree removal determination, a withdrawn variance, a new variance for menu board signage at a Chick-fil-A, and a request for continuance. All votes were unanimous.

Consent Calendar

Approval of Minutes (June 12, 2025): The board unanimously approved the minutes from the June 12, 2025 meeting (5-0 vote).

Public Comments & Testimony

Bob Wyler (neighbor): Asked whether a homeowner could hold the city liable if a tree denied for removal later falls and causes damage. City Attorney Gina Essey advised that the board could not provide legal counsel and that he should seek independent legal advice.

Discussion Items

6228 N Bradley Overlook – Appeal of Tree Removal Denial (BACEO-1-625): Applicant David Flory appealed the zoning officer’s determination that a 24-inch loblolly pine (Tree #3) did not meet criteria for removal under City Code Section 18-317. The tree was located in a conservation resource overlay. Staff had approved removal of a lightning-damaged tree (#2) but denied removal of the healthy loblolly. Mr. Flory expressed safety concerns due to hurricane risk and his property’s proximity to Bradley Creek. City Arborist Aaron Reese testified that a ground-level inspection showed no signs of poor health or criteria for removal. The board upheld staff’s decision 5-0, noting the tree did not meet any of the six permit criteria.
117 S 8th Street – Variance (BADV-36-625): The applicant requested withdrawal; the item was withdrawn without board action.
5123 Market Street – Variance for Menu Board Signs (BADV-1-725): Applicant Chick-fil-A sought a variance to allow a total of 54.90 sq ft of drive-through menu board signage (two signs at 27.45 sq ft each) where the code permits only 30 sq ft. Attorney Thomas Johnson noted the dual drive-through lanes improve traffic flow and safety, and that the board had approved a similar request for the Shipyard Boulevard location. Staff and board discussed a potential text amendment to address dual-lane signage. The board approved the variance 5-0, citing public safety benefits.
1225 Great Oaks Drive – Variance for Bulkhead Extension (BADV-2-725): The applicant requested a continuance to the August 14, 2025 meeting. The board granted the continuance 5-0.

Key Outcomes

Tree appeal: Upheld staff’s denial (5-0). The 24-inch loblolly pine may not be removed; no mitigation condition was imposed.
Menu board sign variance: Approved (5-0). The variance allows 24.90 sq ft over the code limit for Chick-fil-A’s dual drive-through.
Bulkhead variance: Continued to August 14, 2025 (5-0).
Recommendation: Board members encouraged the applicant to initiate a text amendment to the city code to permit greater menu board signage for dual drive-through facilities in the future.

Meeting Transcript

All right, we're gonna call the go ahead and call to order the city of Wilmington's Board of Adjustment meeting. Today is Thursday, July 17th, 2025, and it is 101. Um before we get started, I just want to read the board of adjustment introduction. Hearings before the Board of Adjustments are quasi judicial in nature. Decisions of the boards are based on the record of these proceedings. Two grant of variants requires concurrent vote of four fifths of the members of the board. To reverse or modify the termination of administrative official requires a simple majority. Evidence submitted to the board for review becomes part of the record. Appeals of the board's decision are to Superior Court and are based on the record. Appeals must be filed within 30 days of the date of the 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 a case are sworn as witnesses. The chairperson recognizes those who want to testify or their attorneys for presentation of evidence during the hearing. To ensure that all testimony is properly recorded, please come forward to address the board, state your name, address, and speak clearly. Next thing we'll do is swear in anyone that's going to speak or present information today. Do you swear that the testimony about to give us the truth, the whole truth, and nothing but the truth? All right, thank you. Our next item is going to be the approval of the minutes from the June 12th, 2025 meeting. If there isn't any changes, I'd take a motion for approval. So moved. Is there a second? Second. All those in favor say aye. Aye. Anyone opposed? Meeting minutes are approved. Um we have two items to clear up on our agenda. Um want to go ahead. We have item two, the applicant is withdrawn, so we don't really have to take any other action on that, correct? Is it applicant requests withdrawal from item number two for 117 South 8th? We good on the good on that one as a withdrawal. Okay. And then we also have one a continuance. Item number four for 1225 Great Oak Drive for the variance to request a bulkhead extension in the R20. Is and is that date specific? Uh that'll be the August 18th meeting, that the next regular meeting. August 14th. August 14th. Oh, I'm sorry, yes, August 14th. Okay. Sorry. All right. So with a motion to continue item four, one two two five Great X Drive to the August 14 meeting. All right. It's is there a second, please? Second. All right. All those in favor say aye. Aye. Anyone opposed?

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