Wilmington Board of Adjustment Meeting - April 16, 2026
Wilmington Board of Adjustment Meeting - April 16, 2026
The Board of Adjustment of the City of Wilmington held a public hearing at 1:00 p.m. on Thursday, April 16, 2026, in City Council Chambers. The single agenda item was an appeal of a zoning officer's determination regarding a fence at 646 Long Leaf Acres Drive.
Consent Calendar
- Approval of Minutes (March 19, 2026): The board unanimously approved the minutes from the previous meeting (5-0).
Public Comments & Testimony
- Fred Pickler (649 Longleaf Acres Drive) expressed support for the Jones family, describing them as responsible neighbors who installed the structure to protect properties from lacrosse balls. He noted he had personally retrieved 50–60 balls previously.
- Walter Scott O'Connor (642 Longleaf Acres Drive) recounted past negative experiences with anonymous complaints but urged the city to consider the safety purpose of the backstop and support the Joneses.
- Julie Collins (266 Dallas Drive) praised the structure as professionally constructed, visually unobtrusive, and a testament to the family's dedication to safe practice. She requested that if the board voted against the appeal, any associated fees or fines be waived due to economic hardship.
- Nicole Jones (applicant) argued the structure is a lacrosse backstop, not a fence, citing its sole purpose of stopping high-velocity balls (up to 90 mph) to protect neighbors. She noted the family consulted neighbors before installation and that the structure is temporary (planned removal after children's college graduation, up to 2032).
Discussion Items
- Case Summary: Patrick O'Mahony (Planning Manager) presented the city's position. Zoning compliance staff inspected after an anonymous complaint, finding a fence approximately 12 feet high within the front setback (20 feet from property line), with structural supports facing the adjacent property. The city classified it as a fence under Code Section 18-325, citing definitions (barrier defining property line, preventing escape/intrusion). The city argued that the only exceptions for sports backstops (e.g., tennis courts, ball fields) apply to recreation facilities, not single-family lots.
- Applicant's Argument: Nicole Jones countered that the structure is a lacrosse backstop, not a fence. She highlighted that the city's code does not explicitly prohibit sports backstops in residential zones, and the structure lacks a fence's typical intent (privacy, security, boundary marking). The family upgraded from a netting system that failed to contain balls, causing property damage.
- Board Deliberation: Board members questioned the definition of a fence, noting the verb "intended" in the city's definition. They concluded the owners had no intent to create a fence. A board member asked about imposing a condition to remove the structure by 2032; the city attorney stated conditions cannot be imposed on a determination appeal. The board ultimately found the city erred in calling it a fence.
Key Outcomes
- Decision: The board voted unanimously (voice vote, all in favor) to overturn the zoning officer's determination that the structure was a fence, thereby allowing it to remain. No conditions were attached.
- Next Steps: The violation is overturned; no fines or fees are pending. The structure may stay as long as it continues to serve as a sports backstop.
Meeting Transcript
I'm gonna call to order the Board of Adjustments. Meeting for the City of Wilmington. Today is Thursday, April 16th, 2026. It is one o'clock. Uh before we started, I'm gonna 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 records 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 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 on 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 its rules and procedures. Those who want to testify in a case are sworn as witnesses. 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 speak clearly. Next thing we'll do is swear in. Anyone that might speak to you. If I could have all staff, applicants, and members of the public, anyone who's planning to speak today must 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. All right, thank you. Um, our next item will be the approval of the minutes from the March 19th, 2026 meeting. If there isn't any change, I entertain a motion for approval. I'll make a motion to approve the minutes. Is there a second? Second. All right. All those in favor say aye. Aye. Anyone opposed? The minutes are approved. Our next item is new business. It involves 646 Longleaf Acres Drive. It's an appeal of a zoning officer's determination that a fence located within the front yard of a residence does not meet criteria as set forth in City Code 18-325. And before we start this one, I did want to ask Mr. Satterfield. This is one that's the determination of a zoning official, so it's different than our variances. And you just want to overview that. You are correct. This is a uh appeal of a determination, and uh, unlike a variance, uh, it's based on the evidence before you to determine whether the correct decision was made and uh majority vote. And uh there's no four findings of fact at all that are involved in this one. Okay, thank you. Appreciate that. Patrick, go ahead and present for the city. Yes, sir. Thank you, Mr. Chair, members of the board. Um, as mentioned, this site is located at 646 on Leafacres Drive. It's currently zoned R 15 residential and contains a single dwelling structure.
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