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Record of Proceedings

Wilmington Board of Adjustment Meeting: Masonboro Loop Road Shoreline Variance - March 19, 2026

Board of Adjustment — Thursday, March 19, 2026
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, March 19, 2026
StatusFILED
Video Record
0:00 / 13:01

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:00

Hearings before the board of adjustment are quasi-judicial in nature.

0:03

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

0:06

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

0:11

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

0:17

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

0:20

Appeals of board decisions are the superior court and are based on the record.

0:24

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

0:30

Hearing before the board is conducted in accordance with its rules of procedure.

0:34

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

0:37

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

0:43

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

0:52

At this time, we'll swear anyone that wishes to speak.

0:57

If I could have all staff applicants and members of the public to please stand up and raise your right hand.

1:04

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

1:09

Thank you.

1:11

Thank you.

1:13

The first order of business before the board today is to approve the revised minutes as presented from our February 19th meeting.

1:23

Do we have a motion?

1:25

I make a motion.

1:26

Do we have a second?

1:27

Second.

1:28

All in favor?

1:29

Aye.

1:29

Aye.

1:30

Motion carries.

1:33

Order of business is new business, which is 4230 Masonboro Loop Road.

1:40

Presented by Brian Chambers.

2:02

The site contains approximately 1.68 acres and contains a single dwelling home.

2:07

It's also adjacent to some coastal wetlands and along the Tidal Creek, which is Whiskey Creek.

2:22

A camera permit was issued for this, but this the applicant did not get any city approvals for this.

2:27

So a stop work order was issued by the city in November.

2:30

And this is this this items come before you to rectify that that situation.

2:40

One is the property has identified erosional problem or usual features.

2:49

The shoreline stabilization measure extends beyond the buffer, no more than necessary.

2:55

This one's in the water, so this one doesn't apply.

2:57

And then the fourth would be the shoreline stabilization measure will not significantly impair the public trust rights or damage adjacent waterfront properties.

3:05

And this would be uh impacting the navigation channel, that kind of thing.

3:10

Um, here are some photos of the uh the the shoreline and on the top, and then on the bottom are some uh photos of the existing structure as it as it sits today.

3:22

Again, this is a waiver for the short erosion within the resource area.

3:27

Um that's concludes staff's presentation.

3:29

I'm happy to answer any questions you have.

3:32

Um, and I would request that the application materials be entered into the record.

3:36

Thank you.

3:37

Any questions for staff?

3:39

Okay, thank you.

3:40

I just wanted to ask one question.

3:42

You said uh item number three, the finding of fact number three doesn't apply.

3:47

That's correct.

3:47

It's it's not it.

3:48

The buffer would be to be it would extend into the property from the resource.

3:52

This is actually in the resource.

3:53

This is in the water.

3:54

Oh, okay.

3:55

So that wouldn't apply.

3:56

It would be for if you put a like a bulkhead inside the like on the property for to put fill behind it.

4:02

That couldn't be extended any closer to the resource to the water to the wetlands than absolutely necessary.

4:07

But since this is in the water, that one wouldn't apply here.

4:10

Okay, thank you.

4:11

Yes, sir.

4:13

Any further questions?

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████100%
Summary of Proceedings

Wilmington Board of Adjustment Meeting: Masonboro Loop Road Shoreline Variance - March 19, 2026

The Wilmington Board of Adjustment held a regular public hearing on Thursday, March 19, 2026, from 1:00 p.m. to 1:13 p.m. in City Council Chambers, 929 North Front Street, Wilmington, NC. Five members were present (including two alternates) and four were absent, including Chair Jeff Hovis; Vice-Chair Patrick Moore presided. The board considered one evidentiary hearing - a variance request for shoreline stabilization at 4230 Masonboro Loop Road - approving both the prior meeting's minutes and the variance by unanimous 5-0 votes. Note: the agenda lists the venue as Skyline Center while the minutes state City Hall, though both cite the same address.

Consent Calendar

  • Approval of the revised minutes from the February 19, 2026 regular meeting: motion by Graham Mitchell, seconded by Alain Norman, passed 5-0.

Public Comments & Testimony

  • Vice-Chair Moore opened the public hearing for the variance. No members of the public came forward to speak in favor or in opposition, and the evidentiary hearing was closed.

Discussion Items

4230 Masonboro Loop Road - Variance to City Code Section 18-286 (BADV-22-326)

  • Brian Chambers, Assistant Planning Director, presented the applicant's request for a waiver to the conservation resource standards to allow a sheet pile sill and riprap structure for shore stabilization.
  • The property contains approximately 1.68 acres with a single-family home, is zoned R-15, and its upland portion lies in an AE flood zone with a regulated base flood elevation of 12 feet per the FEMA flood map.
  • Staff noted that a steel pile sill/shoreline stabilization structure was partially constructed under a CAMA permit but without City approval. A Stop Work Order was issued in November, and the Division of Coastal Management agreed to pause the approved permit while the applicant sought approval from the City.
  • A section chief with the NC Division of Coastal Management provided an email statement on January 2, 2026, acknowledging the existing erosion, the approved permit, and the appropriate construction method for the improvement.
  • Staff presented the four required findings for the waiver and advised that Finding #3 (buffer extension) does not apply because the structure is in the water, not on land.
  • Board members asked clarifying questions about erosion documentation, buffer applicability, and navigation impacts. Staff and the applicant responded that CAMA staked allowable locations to avoid navigation channel impacts.
  • The applicant (identified as Jerry Workman in the minutes and Jeff Workman in the transcript - a discrepancy in the record) stated that erosion at the site has been documented since 2013 and that GIS mapping shows the peninsula has significantly eroded. He said CAMA recommended a freestanding sill wall with riprap on both ends and permitted a maximum length of 56 feet; the current structure is 54 feet, with additional work remaining to be installed and modified per CAMA regulations.
  • Staff clarified that the variance covers the entire erosion control measure (steel pile sill, posts, and riprap), that the riprap has not yet been installed, and that modifications are needed to bring the partially built structure into full compliance, including height adjustments and gaps to allow water to flow over the sill at high tide.
  • During deliberations, board members noted the long-standing erosion and that CAMA issued permits in both 2013 and 2025. One member stated he generally dislikes fixed structures but considered CAMA the expert and agreed the waiver was warranted; another member clarified that the three applicable findings of fact had been met.

Key Outcomes

  • Motion by Graham Mitchell to approve the variance request as outlined in the case summary, seconded by Jim Downey. The motion passed unanimously, 5-0, exceeding the four-fifths concurrence required to grant a variance under the board's procedures.
  • The board determined that three of the four required findings were met; Finding #3 (buffer extension) was not applicable because the structure is located in the water.
  • The meeting adjourned at 1:13 p.m.; the next regular Board of Adjustment meeting is scheduled for Thursday, April 16, 2026.

Meeting Transcript

Hearings before the board of adjustment 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 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 board decisions are the 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. 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. At this time, we'll swear anyone that wishes to speak. If I could have all staff applicants and members of the public to please stand up 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. Thank you. The first order of business before the board today is to approve the revised minutes as presented from our February 19th meeting. Do we have a motion? I make a motion. Do we have a second? Second. All in favor? Aye. Aye. Motion carries. Order of business is new business, which is 4230 Masonboro Loop Road. Presented by Brian Chambers. The site contains approximately 1.68 acres and contains a single dwelling home. It's also adjacent to some coastal wetlands and along the Tidal Creek, which is Whiskey Creek. A camera permit was issued for this, but this the applicant did not get any city approvals for this. So a stop work order was issued by the city in November. And this is this this items come before you to rectify that that situation. One is the property has identified erosional problem or usual features. The shoreline stabilization measure extends beyond the buffer, no more than necessary. This one's in the water, so this one doesn't apply. And then the fourth would be the shoreline stabilization measure will not significantly impair the public trust rights or damage adjacent waterfront properties. And this would be uh impacting the navigation channel, that kind of thing. Um, here are some photos of the uh the the shoreline and on the top, and then on the bottom are some uh photos of the existing structure as it as it sits today. Again, this is a waiver for the short erosion within the resource area. Um that's concludes staff's presentation. I'm happy to answer any questions you have. Um, and I would request that the application materials be entered into the record. Thank you. Any questions for staff? Okay, thank you. I just wanted to ask one question. You said uh item number three, the finding of fact number three doesn't apply. That's correct. It's it's not it. The buffer would be to be it would extend into the property from the resource.

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