Wilmington Board of Adjustment Meeting - June 18, 2026

The Wilmington Board of Adjustment convened on June 18, 2026 at 1:01 PM in City Council Chambers to consider four variance requests, one withdrawn appeal, and a consolidated appeal on a zoning interpretation of outdoor amplified sound. The meeting included a recess from 2:13 PM to 2:25 PM for room reorganization and later for technical issues, adjourning at approximately 3:40 PM. Key actions included approval of three variances, denial of one fence variance, and reversal of the planning director's interpretation of outdoor amplified sound on grounds of absurd results.

Consent Calendar

• No consent calendar items were presented.

Public Comments & Testimony

• No public comments were offered during the evidentiary hearings for the variances or the appeal. The quasi-judicial nature of the proceedings limited participation to parties with standing.

Discussion Items

1. 230 Summer Rest Road – Bulkhead Variance (BADV-24-526)

• Applicant: Jason Dale representing the Peebles family requested a variance to City Code Section 18-286.E to allow a bulkhead within the conservation resource setback. The property has a steep bank and erosion issues; a CAMA general permit was issued on February 27, 2026. The applicant argued the bulkhead would stabilize the shoreline and reduce runoff into adjacent wetlands. Board Position: Members noted the steep drop-off and CAMA permit as strong evidence of need, and expressed support for the variance. Vote: Unanimous approval (4-0).

2. 402/403 Summer Rest Road – Bulkhead Variance (BADV-25-526)

• Applicant: Jason Dale representing Heather Warren requested a similar variance for a bulkhead at 403 Summer Rest Road. The property experiences 16 feet of elevation change; a CAMA major permit for a pier was issued January 13, 2026, and a minor modification for the bulkhead was approved April 8, 2026. The applicant emphasized stabilization and creation of usable space. Board Position: Members recognized the significant escarpment and deferred to CAMA’s expertise, approving the variance. Vote: Unanimous approval.

3. 2722 Shandy Lane – Accessory Building Variance (BADV-26-526)

• Applicant: Steve Coggins (Roundtree Lowy) represented Walter Linford, seeking a variance to allow a garage in front of the principal building. The lot has a drainage easement, double frontage (Shandy Lane and Ingleside Drive), and a pool. The applicant argued that no location on the property could comply due to the easement and cul-de-sac geometry, creating a “catch-22.” The garage would be 26.4 feet closer to Shandy Lane than the house and 4.6 feet closer to Ingleside Drive. The board questioned the garage size and visual impact but accepted that reduction would not eliminate encroachment. Board Position: Members found the hardship peculiar to the property and the variance consistent with the spirit of the ordinance due to distance from streets (80 feet from cul-de-sac). Vote: Unanimous approval.

4. 306 Anderson Street – Fence Variance (BADV-30-626)

• Applicant: Adam Stone, owner, requested a variance to allow a six-foot fence in front yards on a corner lot (Anderson and Grace Streets). The fence was installed to provide privacy and security for a dog with a reactive history. The applicant presented a neighbor petition and argued no traffic safety issues. Board Position: Members sympathized but found the variance did not meet the required findings, particularly Findings 3 (hardship not self-created) and 4 (spirit and intent of ordinance). The six-foot fence blocked sight lines for pedestrians and cars, raising safety concerns. Vote: Motion to deny passed (unanimous).

5. 1502 Castle Street – Appeal Withdrawn

• Applicant: The appeal of a staff determination that the property’s use as a nightclub/event space is not approved was withdrawn prior to the hearing. No action taken.

6. Appeal of Zoning Interpretation of Outdoor Amplified Sound (Consolidated: BADV-4-526 and BADV-3-526)

• Background: The planning director (Linda Painter) issued an interpretation on February 27, 2026, defining outdoor amplified sound as “any sound or noise, including the human voice, that is increased in volume or intensity by means of electrical power.” The definition applied to equipment operated by businesses and prohibited such sound from outdoor spaces, including structures like pergolas. Two appeals were filed: by Chill Beers LLC (2144 Wrightsville Avenue) and by Kevin High (508 S. 22nd Street). The board consolidated the appeals.
  • Standing Ruling: Mr. High’s standing was challenged. After hearing evidence (his property is 957 feet from the subject property; he testified to ongoing noise affecting sleep and enjoyment; no expert testimony on property value), the board voted 3-2 to find Mr. High lacked standing, granting the motion to dismiss his appeal. The dissenters argued his proximity within the 1,000-foot buffer and personal testimony on use and enjoyment were sufficient.
  • Evidentiary Hearing: Appellant (Chill Beers) argued the interpretation is arbitrary and capricious because it bans any electrically amplified sound, even if below the noise ordinance limits (65 dB at property line). They claimed it renders the noise ordinance redundant and creates absurd results. Staff defended the interpretation as consistent with the noise ordinance definition and necessary to fill a gap in the Land Development Code. The board struggled with the application: under this definition, a business could not play sound from an outdoor LED screen at any volume, while acoustic music is unrestricted.
  • Board Decision: After deliberation, the board unanimously voted to reverse the interpretation and remand it to staff. Members found the definition leads to absurd results because it prohibits any electrically amplified sound regardless of decibel level, ignoring the context of the noise ordinance and buffer requirements. The board declined to wordsmith a new definition, directing staff to craft a revised interpretation that avoids absurdity.

Key Outcomes

• 230 Summer Rest Road: Variance approved unanimously.
• 402/403 Summer Rest Road: Variance approved unanimously.
• 2722 Shandy Lane: Variance approved unanimously.
• 306 Anderson Street: Variance denied unanimously.
• 1502 Castle Street: Appeal withdrawn; no action.
• Outdoor Amplified Sound Interpretation: Appeal reversed and remanded to staff (unanimous). The board found the planning director’s definition (any electrically amplified sound) produces absurd results and instructed staff to produce a revised definition consistent with the land development code and noise ordinance.
• Kevin High Standing: Motion to dismiss granted (3-2); Mr. High lacked standing to participate.