Wilmington Board of Adjustment Meeting – September 18, 2025
Wilmington Board of Adjustment Meeting – September 18, 2025
The Wilmington Board of Adjustment held a quasi-judicial public hearing on Thursday, September 18, 2025, at 1:00 p.m. in the Skyline Center. The board considered three items: approval of prior minutes, a continuance request for a conservation setback variance, and two variance requests under new business – one for a shipping container in the Central Business District and one for street improvement requirements along Buckingham Avenue. All motions carried unanimously (5-0).
Consent Calendar
- Approval of Minutes (August 14, 2025): Approved unanimously by a 5-0 vote.
Old Business
- 1225 Great Oaks Drive – Variance to exceed conservation resource setback: The applicant requested a continuance to the October 16, 2025 meeting. The board granted the continuance unanimously (5-0).
Discussion Items
- 420 North 3rd Street – Variance to CBD design standards for a shipping container (BADV-4-925): Staff presented that the container was placed in 2022 without required approvals and violates multiple code sections (setback, height, fenestration, material). The applicant (Joe Apkarian, owner, and Rob Romero, architect) argued the code is designed for new construction and requested all four variances. Board members discussed potential alternatives, including moving the container to the rear of the property with a breezeway to reduce the number of variances needed. The board noted that the hardship finding (#3) was difficult because the applicant placed the container without approval. The applicant agreed to explore solutions, and the board continued the item to October 16, 2025 (5-0).
- 650 Wellington Ave & 486 Buckingham Ave – Variance to public street standards (BADV-5-925): Staff explained that the proposed warehouse development would trigger a requirement to improve Buckingham Avenue (paving, curb, gutter, sidewalk). The applicant’s engineer (Phil Tripp) argued that the road is unimproved, does not connect to any paved section, would become a dead-end requiring city maintenance, and that all access and utilities are from Wellington Avenue. The board visited the site and confirmed the road condition. The board approved the variance (5-0) with a condition that no vehicular access be granted from the property onto Buckingham Avenue.
Key Outcomes
- Vote on Buckingham Avenue Variance: Approved 5-0 with condition of no access to Buckingham Avenue.
- Vote on Shipping Container Variance: Continued to October 16, 2025 (5-0).
- Vote on Great Oaks Drive Variance: Continued to October 16, 2025 (5-0).
- Minutes: Approved 5-0.
- The board welcomed new full-time member Troy Demers, new alternate Jim Downey, and new attorney Michael Satterfield.
Meeting Transcript
I'd like to call the Thursday, September 18th Board of Adjustment Meeting to order. Hearings before the Board of Adjustment are quasi-judicial in nature. Decisions of the board are based on a record of these proceedings. To grant a variance requires a concurrent vote of four-fifths of the members 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 board decisions or the superior court and are based on the record. Appeals must be filed within 30 days of the file 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 its 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 and address, and speak clearly. Unless we're anyone. Sorry, I'm getting used to this mic. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Thank you. The first item before the board today's approval of minutes from the August 14th meeting. Do I have a motion? I'll move to approve the minutes. I second. All in favor? Aye. Aye. Motion passes. Item one is 1225 Great Oaks Drive. The applicant has requested a continuance to the October 16, 2025 meeting. I'll move to continue this request of the August October 16th meeting. Second. All in favor? Aye. Aye. Second meeting before the board is new business 420 North Third Street. Variance to City Code Section 18-44C. Design Standards, Central Business District to allow a shipping container to remain as built. Good afternoon, Mr. Chairman and members of the board. I'm Grace Lemay, zoning planner one for the city of Wilmington. The subject property at 420 North Third Street is zoned central business district and contains a nightclub with an outdoor seating area. According to Google Emergy, the applicant placed a shipping container on the property in 2022, located approximately 45 feet and seven inches from the front property line along North Third Street. The shipping container is intended to be used as an outdoor bar and storage space. Land development code 1843 allows a maximum front setback of five feet. The applicant has requested a variance to section 1843 to allow the container to remain as placed, which would be a variance of 40 feet and seven inches. The applicant states that moving the container to meet the setback requirement would necessitate trimming several of the trees around the property. Land development code section 1844 requires a minimum ground floor height of 13 feet. The applicant has requested a variance to section 1843 to allow the container to remain as built at eight feet tall, a variance of five feet. The applicant states that increasing the height of the structure to meet this standard would require require the removal of two existing trees if left in its current condition. Land development code section 1844 requires that street level facades facing a public street where river walk or sidewalk shall have penetration for a minimum of 50% of the facade area. And the applicant has requested a variance to this section to allow the container to remain as built, which would be a variance of 50%. The applicant states that the facade of the container facing the street has doors which complicates the installation of penetration.
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