Design Adjustment Committee Meeting – June 17, 2026: 515 S. 3rd Street Design Adjustment and Rules of Procedure Approval
Design Adjustment Committee Meeting – June 17, 2026
The Design Adjustment Committee (DAC) of the City of Wilmington met on Wednesday, June 17, 2026, at 1:30 p.m. in City Council Chambers. The meeting began with the approval of minutes from January 28, 2026, and then considered one new business item: a request for design adjustments for a private access easement and driveway at 515 S. 3rd Street. The committee also adopted updated Rules of Procedure.
Consent Calendar
- Approval of Minutes – January 28, 2026: Motion to approve passed 5-0.
Public Comments & Testimony
- No members of the public provided testimony.
Discussion Items
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515 S. 3rd Street – Design Adjustment Request: The applicant, Susan Silver (1 OAK Construction, represented by Kevin Geere), requested a waiver from the standard pavement cross-section (2 inches of asphalt over 6 inches of ABC stone) for a private access easement. The proposal is to subdivide the existing lot into two lots, with a new single-family dwelling for the applicant's adult daughter with disabilities in the rear. The existing driveway is 8 feet wide; the proposed easement would be 12 feet wide and 150 feet long, constructed of 4 inches of #57 wash stone over geotextile fabric, with hand excavation of only 2 inches within the critical root zones of two large oak trees: a 37-inch laurel oak on the property and a 41-inch live oak in the public right-of-way. The applicant argued that the standard asphalt requirement would require excavating 8 inches, potentially killing the trees and creating liability. Public safety staff noted that fire trucks would not attempt to use the driveway due to the tight access around the trees; they would park on 3rd Street and stretch hoses to the rear. The Historic Preservation Commission had already approved the project. Staff recommended conditions (listed in the case summary) and noted that a preliminary plan approval is required. Committee discussion focused on the potential for gravel to be tracked onto the public sidewalk. A condition was proposed: a 15-foot transition strip (e.g., pervious pavers or concrete) at the sidewalk end to prevent gravel migration, with the exact material to be determined by the Technical Review Committee (TRC). The applicant expressed concern about installing pavers over protruding roots. The committee agreed to defer the specific material to the TRC.
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DAC Rules of Procedure: The city attorney's office presented updated rules to streamline quasi-judicial procedures for the DAC, HPC, and BOA. Changes included clarifying voting requirements (unanimous vs. quorum), requiring training from the UNC School of Government for board members, and addressing continuances. The committee adopted the revised rules.
Key Outcomes
- 515 S. 3rd Street – Design Adjustment Approved: Motion to approve the design adjustment with a condition of a 15-foot transition strip (material to be determined by TRC) passed unanimously (5-0).
- Preliminary Plan Approval: Motion to approve the preliminary plan with staff's recommended conditions passed unanimously (5-0).
- DAC Rules of Procedure Adopted: Motion to approve the new rules and procedures passed unanimously (5-0).
Meeting Transcript
We'll bring the meeting to order here. Um I've got an introductory statement I must read at the beginning of each meeting here. So the meeting of the design adjustment commission will now come to order. Today is June 17th, 2026. The DAC's purpose is to establish clear and measurable review criteria for consideration of major deviations from the city's technical standards and specifications manual, their building design and material standards, and subdivision standards. The DAC does not consider the housing type, the cost of the unit, the occupants, the building material unit size, number of bedrooms, or any architectural design of the structure. These hearings are quasi judicial evidentiary hearings. That means it's like a court hearing and the committee's decisions are constrained by the standards in the ordinance and based on the facts presented. All requests require a four-fifths vote of the committee to grant the request. Appeals of the DAC decision are to Superior Court. A written notice of appeal must be filed at the New Hanover County Superior Court within 30 days of the DAC's decision. The parties to these cases are entitled to an impartial board. If a board member has a fixed opinion about the matter, a financial interest in the outcome, a close relationship with an affected person, or has any ex parte communication about the matter, please disclose that information to determine if a recusal is necessary. City staff will introduce the proposed project to the DAC. The D and then the DAC may ask questions. The applicant may present additional information about the project, and the members of the board may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard at the entry to the room and be sworn in. Because witnesses are to provide sworn testimony, please focus on the facts and standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, adjust the microphone as necessary, state your name and address for the record and speak clearly. At this time, staff will administer the oath for all individuals who intend to provide witness testimony. If I could have all staff applicants and members of the public, anyone who is planning to speak today to please stand up and raise your right hand. Please note that you have to be sworn in in order to speak. 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. Excuse me. Um it's good to see everybody. It's been quite some time, it looks like the first order of business is the approval of the minutes from the January 28th 2026 meeting. Um there any comments or corrections? Noted. Um there a motion to approve. I make a motion we approve the minutes. All right, thank you. Is there a second? All right. All in favor say aye. Aye. Aye. Any opposed? None. Passes unanimously. Uh and the minutes are approved. We have one item on the agenda this afternoon. Um, titled 515 South Third Street. Um, and it'll be introduced by staff. Thank you, and good afternoon, Mr. Chair, members of the DAC. Um, as mentioned, uh, this is for a request at 515 South Third Street. Um, as you can see here in this aerial, um, the site is currently occupied by a single dwelling home and is within the HDR of the historic district residential zoning district. Here's some photos of the existing conditions looking along uh South Third Street as well as the existing driveway and home.
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