City of Wilmington Board of Adjustment Meeting – February 19, 2026

The Board of Adjustment met on Thursday, February 19, 2026, beginning at 1:05 p.m., to consider four variance requests: one old business item and three new business items. Public comments were heard on the first and third items. Key outcomes include the denial of a variance for a drive-through restaurant at 4125 Echo Farms Boulevard, approval of a parking variance at 4118 Market Street, conditional approval of an accessory structure variance at 6312 Pigfish Lane, and approval with conditions of a tree removal/variance at 1009 S. 13th Street.

Consent Calendar

• Approval of the minutes from the January 15, 2026 meeting was moved, seconded, and passed unanimously.

Public Comments & Testimony

4125 Echo Farms Boulevard

• Rachel Clychus (President, Echo Farms Residents Association) read an objection letter arguing the variance fails all four statutory criteria. She cited lack of physical hardship, self-created hardship, inconsistency with public safety, and incompatibility with the residential neighborhood, referencing traffic congestion, pedestrian risks, and precedent concerns. The letter was entered into the record over an objection from the applicant's attorney regarding hearsay.
• Blair Dean (Vice President, Echo Farms Residents Association) presented additional objections to the revised single-variance request, arguing it represents incremental approval that obscures the full scope of anticipated code deviations. She stated the site plan already indicates encroachments not covered by today's variance and noted concerns about stormwater management and the 200-foot setback for outdoor seating.
• Leslie Lucas (resident) provided testimony opposing the variance, citing traffic safety risks, cumulative development impacts, and the roundabout's inadequacy for commercial traffic. She argued the variance would alter neighborhood character and fail the legal standards.
• Paul Hibbert (resident) reinforced opposition, noting the developer removed one of two drive-through restaurants but left the one requiring a variance. He also expressed traffic concerns based on his experience as a contractor.
• Taylor Anderson (resident) questioned the applicant's legal standing regarding LLC registration in North Carolina. Staff and legal counsel determined the standing was proper.
• William Fitzpatrick (resident) opposed the project, citing a Port City Daily article reporting 1,300 additional daily vehicle trips, which he argued would overwhelm infrastructure.

6312 Pigfish Lane

• Seth Buskirk (attorney for adjacent property owners, the Hedricks) argued the variance fails all four findings of fact. He stated the hardship is self-imposed because the applicant built a large house (5,210 sq ft with 1,140 sq ft storage/garage) on the lot, leaving no room for an accessory structure behind the house. He also questioned emergency access and noted a restrictive covenant barring sheds or similar structures.

Discussion Items

4125 Echo Farms Boulevard (Old Business) City Planner Zac Smith presented the variance request to City Code Section 18-205 for a drive-through facility located between the building and the right-of-way at 4125 Echo Farms Boulevard. The site is zoned Office & Institutional and is vacant. The applicant, represented by Alex Rigas (Kimley Horn) and attorney Amy Schaefer, argued that the property's three street frontages create a unique hardship and that numerous site plan revisions reduced the variance to this single issue. Board members questioned whether the fourth finding of fact (consistency with public safety) could be met. One member noted a similar previous variance was denied. The board concluded that findings of fact #1 (unnecessary hardship) and #4 were not satisfied. A motion to deny passed with all members in favor.

4118 Market Street (New Business) Zac Smith presented a variance to reduce minimum residential parking from 80 to 68 spaces for a proposed 76-unit multi-dwelling development (including 20 workforce housing units) at 4118 Market Street. The site currently has 73 spaces; restriping, ADA conversion, and green space reduced the count to 68. Applicant Nicholas Silivanch explained that the workforce housing units require half a parking space per unit, and further spaces cannot be added without violating other design requirements. After clarifying parking ratios (1.5 per non-workforce unit), the board found the four findings of fact met. A motion to approve passed 5-0.

6312 Pigfish Lane (New Business) Tucker Cherry presented a variance to Legacy City Code Sections 18-248 and 18-249 to place a detached accessory storage structure (up to 1,000 sq ft) in front of the primary dwelling on a half-acre lot. The lot has multiple easements, a waterfront preservation setback, and an access easement that constrains building area. Applicant Chris Parker argued the configuration leaves no feasible location behind the house; the structure would be placed on the west side (front yard). The applicant agreed to maintain a 30-foot setback from the west property line. After hearing opposition from the adjacent property owner's attorney, the board debated whether the hardship was self-created. A motion to approve with the condition that the accessory structure maintain a 30-foot setback from the west property line passed 4-1.

1009 S. 13th Street (New Business) Pat O'Mahony presented a variance request to City Code Section 18-316 for removal of six live oak specimen trees and increased critical root zone (CRZ) impacts for retained trees as part of Phase 1 of the Hillcrest community redevelopment. The site has over 80-year-old infrastructure and will be redeveloped to provide 550 homes (up from 256). Applicant Sam Frank (representing Wilmington Housing Authority) detailed efforts to preserve trees, noting that tree #7 was reclassified as a laurel oak (not a specimen). The city arborist confirmed that impacts above 20% CRZ seriously threaten tree survival. Board members asked about preserving specific trees (#10, #28, #13) but accepted that subterranean work (utilities, footings) would prevent survival. The board found the four findings of fact satisfied. A motion to approve with city-recommended conditions (preservation plan approved by city arborist, three-year bonding for retained trees) passed unanimously.

Key Outcomes

• 4125 Echo Farms Boulevard (BADV-12-1225): Variance DENIED. All board members voted in favor of denial (0-0 on the motion to deny, with all ayes for denial).
• 4118 Market Street (BADV-18-226): Variance APPROVED (5-0).
• 6312 Pigfish Lane (BADV-19-226): Variance APPROVED with condition: the accessory structure must maintain a 30-foot setback from the west property line. Vote: 4-1.
• 1009 S. 13th Street (BADV-20-226): Variance APPROVED with conditions: (1) preservation plan developed by applicant's arborist and approved by city arborist; (2) three-year bonding for retained trees to ensure survivability. Vote: unanimous (5-0).