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Record of Proceedings

Wilmington Board of Adjustment Special Meeting – May 28, 2026

Board of Adjustment — Thursday, May 28, 2026
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateThursday, May 28, 2026
StatusFILED
Video Record
0:00 / 56:21

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
2:15

I'd like to call the May twenty-eighth Board of Adjustment meeting to order.

2:21

I'll read the Board of Adjustment Introduction.

2:24

Hearings before the Board of Adjustment are quasi-judicial in nature.

2:28

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

2:31

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

2:35

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

2:41

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

2:44

Appeals of board decisions are to Superior Court and are based on the record.

2:49

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

3:13

State your name and address and speak clearly.

3:53

Opposed.

5:01

Food services, little Caesars and Banking, Wells Fargo to the west, and food services again, Bojangles to the east.

5:08

Property to the north is a residential site, formerly a multifamily development, and currently under review for a new multifamily project with the city.

5:18

Here you have an aerial view of the subject properties.

5:24

Some additional views of the properties, the access easement for tree removal to the left and the current building on site as viewed from South College Road.

5:37

Here we have the site plan showing the tree to be removed, which is a 32-inch long leaf pine, and the 138-foot setback, which is a reduction of 62 feet from the 200 foot requirement of a setback from a drive-through facility at a commercial restaurant or drive-through facility.

6:03

Staff has reviewed this through the TRC on December 3rd of 2024, as well as on December 4th of 2025.

6:11

Subsequently, on February 5th, we had a separate meeting to review the deficiencies in the site plan and the requested variances that would need to be achieved in order to build this site.

6:24

On April 7th of this year, the applicant submitted a request for a variance to the city codes.

6:54

A second variance request from section 18 205 drive-thru facilities, which requires a 200 foot setback from any residential district.

7:02

Currently, the MD district to the north is defined as a residential district within the current LDC.

7:08

The applicant has uh chosen a location for his structure drive-thru within the 200 feet and is requesting a variance of 62 feet or 138 foot setback.

7:19

The applicant asserts in their application that the proposed drive-thru facility facilitates mobile order pickup and thus reduces noise common of a traditional drive-through facility as we normally see.

7:31

Should the board choose to grant the proposed variances, staff recommends the following conditions uh that dumpsters not be located between the public right-of-way and any building or canopy, and that tree mitigation be done in accordance with the land development code.

7:47

This concludes my presentation.

7:49

I'd like to submit my presentation into the record.

7:52

And here you'll see the findings of facts and the specific waiver requests.

7:59

Thank you.

7:59

Any questions for staff?

8:02

Thank you very much.

8:04

Uh Mr.

8:05

Robert Michael.

8:06

Um question can you describe for us a little bit more in detail what the uh mitigation requirements might entail?

8:14

Sure.

8:14

Thank you.

8:15

So it is uh man, my mind's flaking me right now.

8:20

What is the mitigation requirement?

8:22

My mind's blaking.

8:22

It's two for every for 32-inch long leaf pine, it's going to be uh multiplied times two.

8:29

So you'd end up with 64 inches of mitigation multiplied again by uh 175 to get your mitigation cost.

8:42

All right, thank you very much.

8:44

Anything further for staff?

8:47

Thank you.

8:48

Yes, sir.

8:52

Uh I would like to present.

8:56

Thank you, Mr.

8:57

Chairman, members of the board.

8:59

My name is Sam Frank.

9:00

I represent the applicant.

9:02

Several folks with me here today.

9:04

Um, Jeff Luman and uh Payman Nadimi, uh, both represents representatives of the applicant and developer, uh, our engineer Jeremy Yee uh and our uh uh tree arborist Everett Jones.

9:18

If at any point you have a question you think better answered by one of the experts rather than the lawyer, please don't hesitate to ask.

9:23

Uh we're we're glad to provide that resource to you.

9:26

Um staff has summarized.

9:28

We've got two fundamental variance requests here.

9:31

Um the process now before the city uh includes uh addressing all necessary variances uh at a common time frame.

9:40

I'm gonna go through our our presentation on each.

9:43

Uh I'll take a brief pause after explanation of the first if you have questions on it.

9:47

Uh, and of course, please interrupt me at any time if you have questions as we work our way through.

9:52

The two fundamental variance requests.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████60%
Procedural██████████████19%
Engineering And Infrastructure███████9%
Transportation Safety█████6%
Public Safety█████6%
Summary of Proceedings

Wilmington Board of Adjustment Special Meeting – May 28, 2026

The Wilmington Board of Adjustment held a special meeting on May 28, 2026, at 1:00 p.m. in City Council Chambers. The board considered two variance requests and updated its Rules of Procedure. All votes were handled as separate items.

Consent Calendar

  • Approval of Minutes (April 16, 2026): The board voted 5‑0 to approve the minutes as presented.

Public Comments & Testimony

  • No public speakers appeared for either of the two evidentiary hearings or for the Rules of Procedure update. Each hearing was opened for public comment and closed with no one coming forward.

Discussion Items

  • 4945 University Drive & 524 S. College Road – Variance for Drive‑Through Facility and Specimen Tree Removal (BADV‑27‑526): Staff presented the request to remove a 32‑inch longleaf pine (specimen tree) and reduce the required 200‑foot setback from a residential zone to 138 feet for a proposed “fly‑through” pickup window associated with a new Wawa convenience store and fuel station. The applicant’s attorney, Sam Franck, argued that the tree’s critical root zone occupies the entire 35‑foot‑wide access easement (established in 1970), that alternative access was not feasible, that the fly‑through would produce no ordering speakers or illuminated menu boards, and that enhanced buffering (6‑ft fence and 8‑ft tree line) would mitigate visual and noise impacts. The board’s arborist testified that any excavation within the critical root zone would likely compromise the tree’s stability. Staff recommended approval with a condition that dumpsters not be placed between College Road and any building or canopy. Board discussion focused on traffic safety, tree preservation, and the reduced impacts of a fly‑through versus a traditional drive‑through.
  • 5026 Market Street – Variance for Wall Sign Size (BADV‑23‑526): Staff explained that the applicant (O’Reilly Auto Parts) sought a 521‑square‑foot wall sign for a multi‑tenant building where the code allows a maximum of 200 square feet of wall signage for the entire building. The applicant, Tori Racca of AWC Sign & Light, stated that the building’s deep setback and location behind other development made a code‑compliant sign insufficient for adequate visibility; she argued the larger sign was needed for safe business identification. Board members noted that granting the variance would consume the entire building’s sign allowance, forcing future tenants to also seek variances. The board discussed whether the setback and visibility issues constituted a unique hardship.
  • Board of Adjustment Rules and Procedures Update: Staff introduced a streamlined set of rules to align with other quasi‑judicial boards. Key changes included: limiting member terms to two consecutive three‑year terms, removing the board’s authority to hear appeals from the Historic Preservation Commission (those go directly to superior court), and adding a mandatory quasi‑judicial training requirement (failure to complete training could lead to removal). Members asked about training scheduling; staff said they would notify members of upcoming local sessions. The board discussed the training requirement and the importance of mandatory participation.

Key Outcomes

  • Variance for 4945 University Drive & 524 S. College Road: Approved 4‑1. The motion included staff‑recommended dumpster location condition. Mr. Norman voted no specifically on the tree‑removal variance.
  • Variance for 5026 Market Street: Denied 5‑0. The board found the request did not meet the four findings of fact for a variance.
  • Board of Adjustment Rules and Procedures: Approved 5‑0. The updated rules will proceed to committee review and ultimately to City Council for final adoption.
  • The meeting adjourned at 1:56 p.m. The next regular meeting is scheduled for June 18, 2026.

Meeting Transcript

I'd like to call the May twenty-eighth Board of Adjustment meeting to order. I'll read the Board of Adjustment Introduction. 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 to Superior Court and are based on the record. Appeals must be filed within thirty days of the date of the filing of the board's order in the planning division. State your name and address and speak clearly. Opposed. Food services, little Caesars and Banking, Wells Fargo to the west, and food services again, Bojangles to the east. Property to the north is a residential site, formerly a multifamily development, and currently under review for a new multifamily project with the city. Here you have an aerial view of the subject properties. Some additional views of the properties, the access easement for tree removal to the left and the current building on site as viewed from South College Road. Here we have the site plan showing the tree to be removed, which is a 32-inch long leaf pine, and the 138-foot setback, which is a reduction of 62 feet from the 200 foot requirement of a setback from a drive-through facility at a commercial restaurant or drive-through facility. Staff has reviewed this through the TRC on December 3rd of 2024, as well as on December 4th of 2025. Subsequently, on February 5th, we had a separate meeting to review the deficiencies in the site plan and the requested variances that would need to be achieved in order to build this site. On April 7th of this year, the applicant submitted a request for a variance to the city codes. A second variance request from section 18 205 drive-thru facilities, which requires a 200 foot setback from any residential district. Currently, the MD district to the north is defined as a residential district within the current LDC. The applicant has uh chosen a location for his structure drive-thru within the 200 feet and is requesting a variance of 62 feet or 138 foot setback. The applicant asserts in their application that the proposed drive-thru facility facilitates mobile order pickup and thus reduces noise common of a traditional drive-through facility as we normally see. Should the board choose to grant the proposed variances, staff recommends the following conditions uh that dumpsters not be located between the public right-of-way and any building or canopy, and that tree mitigation be done in accordance with the land development code. This concludes my presentation. I'd like to submit my presentation into the record. And here you'll see the findings of facts and the specific waiver requests. Thank you. Any questions for staff? Thank you very much. Uh Mr. Robert Michael. Um question can you describe for us a little bit more in detail what the uh mitigation requirements might entail? Sure. Thank you. So it is uh man, my mind's flaking me right now. What is the mitigation requirement? My mind's blaking. It's two for every for 32-inch long leaf pine, it's going to be uh multiplied times two. So you'd end up with 64 inches of mitigation multiplied again by uh 175 to get your mitigation cost. All right, thank you very much. Anything further for staff? Thank you. Yes, sir. Uh I would like to present. Thank you, Mr. Chairman, members of the board. My name is Sam Frank. I represent the applicant. Several folks with me here today.

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