OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Wilmington Board of Adjustment Meeting - October 16, 2025

Board of Adjustment — Thursday, October 16, 2025
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, October 16, 2025
StatusFILED
Video Record
0:00 / 1:22:22

Transcript — Verbatim
0:46

All right.

0:46

We're we're going to call to order the Board of Adjustments meeting for Thursday, October 16th, 2025.

0:56

Before we get started, I'm going to read the introduction.

0:59

Board of adjustments.

1:01

The hearings before Board of Adjustments are quasi judicial in nature.

1:04

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

1:07

To grant a variance requires a concurrent vote of four fifths of the board of the members of the board.

1:13

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

1:18

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

1:22

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

1:27

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

1:33

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

1:36

Procedure.

1:37

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

1:42

The chairperson will recognize those wanting wanting to testify or their attorneys for presentation of evidence during the hearing.

1:49

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

1:57

Next time we'll have everyone that's going to speak today be sworn in.

2:02

If you'll stand and raise your right hand.

2:31

Anyone opposed?

2:32

Those are approved.

2:33

Next item is old business.

2:35

First item is 418 Wooster Street.

2:52

And Catherine, are you presenting this one?

2:55

There's no real presentation.

2:56

Oh, that's right.

2:57

They're asking for to extend a variance that was previously granted.

3:00

There have been no meaningful changes to the code since that variance was granted, and the circumstances are still um s largely the same as they were when the board was uh granted the original variants.

3:11

The applicant's attorney, Mr.

3:13

Nichols, is also present if you would like to hear from him.

3:16

Is there a specific time you need the variance extended to, or just what's appropriate or it would be a 12-month extension?

3:23

Okay.

3:25

All right.

3:26

That being the case, could anyone would like to make a motion to extend that we extend the variants at 418 Wooster Street by that was granted August 17th, 2023 by 12 months is requested.

3:39

All right, is there a second?

3:41

Second.

3:42

That being the case.

3:42

All those in favor say aye.

3:44

Aye.

3:45

Anyone opposed?

3:47

That passes.

3:49

Thank you.

3:58

All right.

3:58

Our next item is going to be one two two five, Great Oaks Drive.

4:05

A variance to exceed the allowable encroachment within a con a conserve conservation resource setback area and a to facilitate the extension of a bulkhead and the placement of fill in the R20 legacy district.

4:19

This will be presented by Catherine.

4:22

You move too quick for me, Wows.

4:26

Thank you.

4:27

Uh the case before you today is a request for a variance to conservation resource regulations to allow an encroachment into the required setback for approximately 490 cubic yards of fill to facilitate the extension of a retaining wall.

4:45

The subject properties zoned R20 legacy district and contains a 5,493 uh square foot single family dwelling.

4:53

The owner has proposed installing a retaining wall along the portion of the property abutting the intercoastal waterway, which is a designated conservation resource setback area.

5:02

And then they would backfill the upland side of the proposed retaining wall with approximately 490 cubic feet of fill that would be kind of a variable height, but up to six feet in height.

5:15

The conservation resource applicable to this site is a coastal wetland, which requires a 75 foot setback from the edge of the resource.

5:23

And that's to protect the city's ecologically important estuary and systems, preserve open space, retain flood storage capacity, and promote water quality.

5:32

City Code Chapter 18, land development code section 18286.

5:38

Sets forth criteria by which encroachments into the conservation resource area may be permitted.

5:42

Land development code section 18286 allows improvements within the conservation resource setback area, up to 25% of the total area of the resource setback on the lot.

5:53

The proposed retaining wall, fire pit, and fill associated with the request, and that request does carve out a protection area for two protected trees, which you can see on the site plan, but that would exceed the allowable encroachment by approximately 8%.

6:07

On or about June 2nd, 2025, the applicant submitted a request for a variance to allow an additional encroachment into that conservation resource setback area.

6:17

This matter has been continued by the board several times to allow the applicant to provide additional information about the quantity of the fill and the exact locations.

6:27

That information is now included in your packet and it's on the screen in front of you.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████45%
Procedural█████████████████████████25%
Affordable Housing██████████████████18%
Environmental Protection█████████9%
Public Safety██2%
Community Engagement█1%
Summary of Proceedings

Wilmington Board of Adjustment Meeting - October 16, 2025

The Wilmington Board of Adjustment held a quasi-judicial public hearing on Thursday, October 16, 2025, at 1:00 p.m. (called to order at 2:22 p.m.) in City Council Chambers. The board considered three old business items, two new business items, and received the annual report. All votes were unanimous unless noted.

Consent Calendar

  • Approval of Minutes (September 18, 2025): Approved 5-0.

Old Business

  • 418 Wooster Street – Variance Extension: Approved a 12-month extension (to August 2026) of a previously granted variance for parking and driveway location in the UMX district. Motion carried 5-0.
  • 1225 Great Oaks Drive – Variance to Exceed Conservation Resource Setback: Granted a variance to allow a retaining wall and 490 cubic feet of fill within the coastal wetland setback, encroaching 8% beyond the allowable 25% limit. The applicant presented stormwater management plans approved by the City Engineer. Approved 5-0.
  • 420 North 3rd Street – Shipping Container Variance: The applicant requested variances for setback, height, fenestration, and material requirements for a shipping container used as an outdoor bar. After discussion, the board continued the item to the January 15, 2026 meeting to allow the applicant time to pursue a text amendment to the Land Development Code. Enforcement was stayed during the continuance. Motion carried 5-0.

New Business

  • 507-529 S Kerr Avenue – Tree Preservation Variance: The applicant, proposing a 184-unit 100% affordable housing project, sought approval to remove one specimen live oak (31 inches) due to poor condition and safety concerns. An arborist report recommended removal; mitigation cost estimated at $10,850. Approved 5-0.
  • 4118 Market Street – Density and Open Space Variances: The applicant proposed converting an existing 76-room hotel to workforce housing (76 studio units) without structural changes. The property, zoned MD-17(CD), requires 20% open space (10,960 sq ft) but can only provide 2,836 sq ft (5.17%). The density limit is 36 units/acre with a workforce housing bonus (45 units/acre allowed); the request was for 60 units/acre (76 units total).
    • Density Variance: Approved with a condition that 20 units be designated as workforce housing (affordable at HUD high home rents) for 15 years. Vote: 4-1 (one opposed).
    • Open Space Variance: Approved 5-0, with the board finding that the existing site conditions created a hardship and that the project served the spirit of the ordinance by providing workforce housing.

Other Business

  • Board of Adjustment Annual Report for FY 2025: Presented by staff; no action required. The board complimented the report.

Key Outcomes

  • Three variances and one extension approved; one item continued.
  • The next regular meeting is scheduled for Thursday, November 20, 2025.
  • The board encouraged staff to continue working with the applicant on a text amendment for shipping container regulations.

Meeting Transcript

All right. We're we're going to call to order the Board of Adjustments meeting for Thursday, October 16th, 2025. Before we get started, I'm going to read the introduction. Board of adjustments. The hearings before Board of Adjustments are quasi judicial in nature. Decisions of the board are based on the record of these proceedings. To grant a variance requires a concurrent vote of four fifths of the board 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 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 rules of procedures. Procedure. Those who want to testify in a case are sworn as witnesses. The chairperson will recognize those wanting wanting 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 time we'll have everyone that's going to speak today be sworn in. If you'll stand and raise your right hand. Anyone opposed? Those are approved. Next item is old business. First item is 418 Wooster Street. And Catherine, are you presenting this one? There's no real presentation. Oh, that's right. They're asking for to extend a variance that was previously granted. There have been no meaningful changes to the code since that variance was granted, and the circumstances are still um s largely the same as they were when the board was uh granted the original variants. The applicant's attorney, Mr. Nichols, is also present if you would like to hear from him. Is there a specific time you need the variance extended to, or just what's appropriate or it would be a 12-month extension? Okay. All right. That being the case, could anyone would like to make a motion to extend that we extend the variants at 418 Wooster Street by that was granted August 17th, 2023 by 12 months is requested. All right, is there a second? Second. That being the case. All those in favor say aye. Aye. Anyone opposed? That passes. Thank you. All right. Our next item is going to be one two two five, Great Oaks Drive. A variance to exceed the allowable encroachment within a con a conserve conservation resource setback area and a to facilitate the extension of a bulkhead and the placement of fill in the R20 legacy district. This will be presented by Catherine. You move too quick for me, Wows. Thank you. Uh the case before you today is a request for a variance to conservation resource regulations to allow an encroachment into the required setback for approximately 490 cubic yards of fill to facilitate the extension of a retaining wall. The subject properties zoned R20 legacy district and contains a 5,493 uh square foot single family dwelling. The owner has proposed installing a retaining wall along the portion of the property abutting the intercoastal waterway, which is a designated conservation resource setback area.

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