Wilmington Board of Adjustment Meeting - December 18, 2025
Wilmington Board of Adjustment Meeting - December 18, 2025
The Board of Adjustment of the City of Wilmington held a public hearing on Thursday, December 18, 2025, at 1:00 p.m. in City Council Chambers to consider several variance requests and other business. The meeting was called to order with the swearing in of witnesses and approval of the previous meeting's minutes. Several items were continued or withdrawn, and votes were taken on variances for a wall, a hospital, and a relocated historic home. All votes were unanimous (5-0) where recorded.
Consent Calendar
- Approval of Minutes: The draft minutes from the November 20, 2025 meeting were approved by a 5-0 vote.
- Continuance of Item 2 (4125 Echo Farms Blvd): A variance for a restaurant development with drive-through facilities was continued to the January 15, 2026 meeting by a 5-0 vote.
- Continuance of Item 4 (1806 Montage Lane): A variance to allow an in-ground swimming pool within the required rear setback was continued to the January 15, 2026 meeting by a 5-0 vote.
- Withdrawal of Item 6 (4945 University Drive): The applicant requested to withdraw this variance for tree preservation standards; no vote was needed.
Public Comments & Testimony
No members of the public offered testimony during the evidentiary hearings for any of the agenda items.
Discussion Items
Old Business: 100 River Rock Way – Variance to Vision Clearance Standards
- Presentation: Tucker Cherry, Planner I, presented that the subject property (1.04 acres, MFH zoning) includes an existing masonry wall that encroaches 31 feet 2.5 inches east and 32 feet 9.5 inches west into the required sight distance triangle. The wall is part of a redeveloped parking lot serving the South Front District, and the applicant sought a variance to leave the wall in place rather than remove it.
- Applicant Testimony: Josh Mahaley of Haley Land Design explained that the parking lot was built to provide legal off-street parking for area businesses. The wall, present for 40+ years, is aesthetically pleasing and hides the lot. Removing it would cause unnecessary hardship and destroy a historic structure. He noted the property falls within the West Brook Ardmore National Register District, providing precedent for relief.
- Board Discussion: Members noted the wall's age (likely 70 years) and that the parking lot improvements increased safety. They found the four findings of fact satisfied (unnecessary hardship, peculiar conditions, no self-created hardship, consistency with spirit of ordinance).
New Business: 5301 Wrightsville Avenue – Variances for Rehabilitation Hospital
- Presentation: Pat O'Mahony, Planning Manager, detailed the request for two variances: (1) from 100-foot minimum setback for hospital buildings (proposing 55.7 ft north and 97.9 ft east) and (2) from the Wrightsville Avenue Corridor Overlay's 3,200 sq ft maximum building footprint (proposing a 30,000 sq ft footprint, 90,000 sq ft three-story facility). The site (15.7 acres, O&I zoning) currently contains an orthopedic hospital and 11 outdated buildings to be removed.
- Applicant Testimony: Charles Baldwin of Brooks Pierce (with architect and Novant representatives) explained that strictly applying the code would yield a nearly unusable building. The new facility would consolidate medical use, include a healing garden, and meet community need. The existing hospital pre-dates the 1990 overlay district.
- Board Discussion: Members noted that the footprint increase is reasonable given lot size and medical need; the variance would reduce existing nonconformities. The findings of fact were deemed satisfied.
New Business: 200 Hillsdale Drive – Variance to Residential Setback Standards
- Presentation: Grace Lamay, Planner I, stated that the property (R-15, corner lot) is vacant and the applicant plans to relocate a historic single-family home featured in the TV show Dawson's Creek. The home's porch would encroach into the required setback; without a variance, the porch must be removed.
- Applicant Testimony: Misty Donaldson, owner, emphasized the porch's historic and aesthetic significance and committed to preserving the home. The neighboring road is gravel with only one adjacent house, so no disruption.
- Board Discussion: A board member asked whether future additions could also encroach; staff clarified any future encroachment would require a separate variance. Members found the variance appropriate.
Key Outcomes
- 100 River Rock Way Variances (BADV-8-1125): Motion to approve the variance to allow the existing wall to remain in the sight distance triangle passed 5-0.
- 5301 Wrightsville Avenue Variances (BADV-13-1225): Motion to approve both variances (setback and building footprint) passed 5-0.
- 200 Hillsdale Drive Variance (BADV-15-1225): Motion to approve the variance to allow the porch within the required setback passed 5-0.
- Other Business – 2026 Calendar: The 2026 Meeting and Submission Deadline Calendar was approved by a 5-0 vote.
Meeting Transcript
We're gonna call to order the Board of Adjustments meeting for December 18th, 2025. Before we can start, I'll read the Board of Adjustments introduction. Hearings before the Board of Adjustments are quasi-judicial in nature. Decisions of the board are based on the record of these proceedings. The grant of 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 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 filing of the board of board's orders in the planning division. A hearing before the board is conducted in concordance with the uh rules of procedure. Those who want to testify in the case are sworn as witnesses. The chairperson will recognize those who want to testify or their attorney for presentation of evidence during the hearing. To ensure all testimony is properly recorded, please come forward to address the board, state your name, address, and speak clearly. Before we go on, we'll um go ahead and swear in. Anyone that's going to speak today, if you'd please rise to be sworn in ask that you stand and raise your right hand if you're gonna speak today. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. All right, thank you. Uh, before we go oh, next item we'll do is the approval of the minutes from the November 20th, 2025 meeting. If there isn't a change, I'd entertain a motion for those to be approved. So moved. Is there a second? Second. All those in favor say aye. Aye. Anyone opposed? Those pass. Um before we go further, we're we have a few continuances and one withdrawal. We'll go ahead and clean up the the agenda. Um it's item number two for four one two five Echo Farms Boulevard is asked for continuance. Is there anything further on that? Uh that's correct. All right. Um all we need is a uh a motion and a second to approve that continuance. I'd like to make a motion. We continue item two, 4125 Echo Farms Boulevard to the January 15th, 2026 meeting. Right. There's been a motion, is there a second? Second. All right. All those in favor say aye. Aye. Anyone opposed? That's been continued. Next item that's been requested a continuance is number four, number four, eighteen oh six montage lane. Is there any additional information or on that? All right. That being the case, I'd ask for a motion for the for the uh continuance of that to the also the January. Is it also the January meeting? That's correct. Okay, thank you.
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