OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Wilmington Board of Adjustment Meeting – January 15, 2026

Board of AdjustmentThursday, January 15, 2026
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, January 15, 2026
StatusFILED
Video Record
0:00 / 45:29

Transcript — Verbatim
0:06

I'm gonna go ahead and call to order the Board of Adjustments meeting for City of Wilmington.

0:12

It's Thursday, January 15th, 2026.

0:16

It's one o'clock.

0:18

Before we get started, I'm gonna read the Board of Adjustments introduction.

0:21

Hearings before the Board of Adjustments are judicial in nature.

0:24

Decisions for the board are based on the records of these proceedings.

0:28

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

0:32

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

0:37

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

0:40

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

0:45

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

0:50

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

0:54

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

0:58

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

1:05

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

1:14

Before we go on, we'll go ahead and swear in.

1:16

Anyone that's going to speak today, if you please rise to be sworn in.

1:19

If staff, applicants, and members of the public who wish to speak today, I'll stand and raise your right hand.

1:24

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

1:28

Thank you.

1:30

All right.

1:31

We have a we're gonna change the order of our agenda based on a request for continuance.

1:37

We're gonna first take number two, 4125 Echo Farms Boulevard.

1:43

It's a variance to City Code section 18 205, 18 319, and 18 344 for the development of two restaurants with drive-through facilities.

1:54

Uh Zach Smith.

1:56

I guess there's not a presentation, they're just a request for continuance.

2:01

Yeah, there's no presentation this afternoon.

2:03

We're just requesting continuance to the February meeting.

2:05

Okay, to the February.

2:07

Okay.

2:07

To do that, I would need a motion from someone.

2:09

What is the date of the February meeting?

2:12

It is 19th.

2:15

February 19th.

2:17

I'll make a motion that we continue item two, 4125 Echo Forms Boulevard to the February 19th Board of Adjustment Meeting.

2:24

There's been a motion, is there a second?

2:25

Second.

2:26

All right.

2:26

All those in favor say aye.

2:28

Aye.

2:29

Anyone opposed?

2:30

That is continued.

2:31

We'll move back up to item number one, 420 North Third Street.

2:36

Variance to City Code Section 18 43C.

2:40

Dimensional Standards and 18 44C.

2:50

And is uh Yeah, Mr.

2:52

Mr.

2:53

Chair, we staff is recommending this item be continued if you recall from the last time this was heard, it was waiting for the applicant to submit a code amendment to address this issue.

3:01

He has such since that time submitted that amendment.

3:04

So we're requesting this item be continued to the June meeting to allow that process to play out.

3:08

All right.

3:09

And my understanding there is a presentation.

3:11

Uh I believe the applicant I think the applicant would like to address the board.

3:14

Yes.

3:15

Yeah, sure.

3:16

Uh afternoon, gentlemen.

3:17

Uh Joseph Epcarion, uh, 420 North Third Street, uh, the Eagles Dare.

3:22

Uh gentlemen, uh, as already said, continuance of it.

3:25

However, from our last meeting, uh, you know, words to me, words have meaning.

3:30

You asked me to come back here, submit uh the text code amendment in January uh this month, and then come back and back brief you all.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████84%
Historic Preservation█████9%
Procedural████7%
Summary of Proceedings

Wilmington Board of Adjustment Meeting – January 15, 2026

The Board of Adjustment of the City of Wilmington met on Thursday, January 15, 2026 at 1:00 p.m. in City Council Chambers to consider variance requests and conduct the annual election of Chair and Vice Chair. The meeting included continuances for two items, a variance approval for an in-ground pool, a variance approval for a detached accessory dwelling unit, and re-election of officers.

Consent Calendar

  • No consent calendar items were considered; the board proceeded directly to old business.

Public Comments & Testimony

  • No members of the public testified during any of the evidentiary hearings.

Discussion Items

  1. Continuance Request – 4125 Echo Farms Boulevard – Staff recommended continuance to the February 19, 2026 board meeting for a variance regarding two restaurants with drive‑through facilities (City Code Sections 18‑205, 18‑319, 18‑344). The board voted unanimously to continue (5‑0).

  2. Continuance Request – 420 North 3rd Street – Applicant Joseph Epcarion presented details of a proposed text amendment to address shipping container code issues. He requested continuance to allow the amendment process to proceed. Staff clarified the board’s quasi‑judicial role. The board voted 5‑0 to continue to the June 18, 2026 meeting.

  3. Variance – 1806 Montage Lane (Swimming Pool) – Applicant Anna Connect (Grace Custom Homes) requested a variance to locate an in‑ground swimming pool between the primary dwelling and a side street, contrary to Legacy City Code Section 18‑308. The property is in the Airly at Wrightsville Sound subdivision. Staff presentation noted the pool would comply with 5‑foot side and rear setbacks but extend beyond the front facade. The applicant stated the pool would be behind a privacy wall and abide by ARC guidelines, and that they sought permission rather than forgiveness. The board voted 4‑1 to grant the variance.

  4. Variance – 7625 Masonboro Sound Road (Accessory Dwelling Unit) – Applicant Henry Nutt Parsley Jr. and consultant Cindy Wolf requested variances to allow a 2,327‑square‑foot detached accessory structure (including an 1,175‑square‑foot ADU) to be located in front of the primary dwelling and to exceed the 35% size limit in the R‑20 legacy district. The property is 5.7 acres with floodplain and conservation setbacks. The applicant argued that current code (50% limit) would be met, the proposed location is over 300 feet from the road and screened by vegetation, and the property’s topography creates unique hardships. The board voted 5‑0 to approve both variances.

Key Outcomes

  • 4125 Echo Farms Blvd: Continued to February 19, 2026. Vote 5‑0.
  • 420 North 3rd Street: Continued to June 18, 2026. Vote 5‑0.
  • 1806 Montage Lane: Variance granted. Vote 4‑1.
  • 7625 Masonboro Sound Road: Variances granted. Vote 5‑0.
  • Election of Officers: Jeff Hovis re‑elected as Chair; Commissioner Moore re‑elected as Vice Chair (votes unanimous).

Meeting Transcript

I'm gonna go ahead and call to order the Board of Adjustments meeting for City of Wilmington. It's Thursday, January 15th, 2026. It's one o'clock. Before we get started, I'm gonna read the Board of Adjustments introduction. Hearings before the Board of Adjustments are judicial in nature. Decisions for the board are based on the records of these proceedings. To grant a variance requires a concurrent vote, four fifths of the members of the board. To reverse or modify the determination 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 arm 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 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 please speak clearly. Before we go on, we'll go ahead and swear in. Anyone that's going to speak today, if you please rise to be sworn in. If staff, applicants, and members of the public who wish to speak today, I'll stand and raise your right hand. 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. We have a we're gonna change the order of our agenda based on a request for continuance. We're gonna first take number two, 4125 Echo Farms Boulevard. It's a variance to City Code section 18 205, 18 319, and 18 344 for the development of two restaurants with drive-through facilities. Uh Zach Smith. I guess there's not a presentation, they're just a request for continuance. Yeah, there's no presentation this afternoon. We're just requesting continuance to the February meeting. Okay, to the February. Okay. To do that, I would need a motion from someone. What is the date of the February meeting? It is 19th. February 19th. I'll make a motion that we continue item two, 4125 Echo Forms Boulevard to the February 19th Board of Adjustment Meeting. There's been a motion, is there a second? Second. All right. All those in favor say aye. Aye. Anyone opposed? That is continued. We'll move back up to item number one, 420 North Third Street. Variance to City Code Section 18 43C. Dimensional Standards and 18 44C. And is uh Yeah, Mr. Mr. Chair, we staff is recommending this item be continued if you recall from the last time this was heard, it was waiting for the applicant to submit a code amendment to address this issue. He has such since that time submitted that amendment. So we're requesting this item be continued to the June meeting to allow that process to play out.

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