OpenPublica

Accountability starts with access.

© 2026 · Filed for the public record

Use casesAboutAPIPrivacyTermsLinkedIn
Home/Wilmington, North Carolina/Board of Adjustment
OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Design Adjustment Committee Approves 5710 Market Street Waivers on October 21, 2026

Board of Adjustment — Wednesday, October 21, 2026
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, October 21, 2026
StatusFILED
Video Record
0:00 / 50:03

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

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

1:04

We'll call the uh design adjustment committee uh meeting to order.

1:09

Uh before we get started, I have an introduction that I have to

Unassigned speaker

1:12

read.

Unassigned speaker

1:13

The

Speaker 1

1:14

design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual.

1:26

The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures.

Unassigned speaker

1:38

These

Speaker 1

1:38

hearings are quasi judicial evidentiary hearings.

1:41

That means they are like a court hearing, and the committee's decisions are constrained by the standards in the ordinance and based upon the facts presented.

1:49

All variants require four-fifths vote of the committee to grant the variants.

1:54

Appeals of the design adjustment committee are to Superior Court.

Unassigned speaker

1:58

The

Speaker 1

1:59

parties in these cases are entitled to an impartial board.

2:02

If a board member has a fixed opinion on the matter, a financial interest in the outcome, a close relationship with the affected person, or has had any ex parte communication about the matter, please disclose that information to determine if a recusal is necessary.

2:38

Please focus on the facts and the standards, not personal preference or opinion.

2:43

When a witness comes forward to give testimony, please come to the podium, state your name and address for the record, and speak clearly.

2:50

At this time, staff will administer the oath for all individuals who intend to provide witness testimony.

Speaker 2

2:57

If all staff applicants and members of the public who wish to speak this afternoon, please stand up and raise your right hand.

Unassigned speaker

3:34

Okay.

Unassigned speaker

3:36

Aye.

Speaker 3

3:37

Aye.

Speaker 1

3:38

Opposed.

3:40

I will I'm not voting on that because I was not

Unassigned speaker

3:43

here.

Speaker 1

3:52

Is there a staff presentation?

Speaker 4

3:59

Good afternoon, Chair, members of the committee.

4:02

This is evidential hearing number one, located at 5710 Market Street.

4:33

Uh for a vehicle sales use.

4:36

Private right-of-way is being proposed to provide access to the site from Market Street.

4:41

An existing 50-foot-wide private access easement is located along the northern boundary of the subject site.

5:01

The technical standards and specification manual stipulates a standard right-of-way width of 60 feet for a non-residential street.

5:09

The applicant is proposing a right-of-way width of 50 feet and a waiver is requested.

5:16

The technical standards and specification manual stipulates a standard pavement width of 34 feet for a non-residential street.

5:23

The applicant is proposing a pavement width of 21 feet and a waiver is requested.

Unassigned speaker

5:31

The

Speaker 4

5:32

technical standards and specification manual specifies a standard plaza width of six feet, and the applicant that's proposing a plaza width of five

Unassigned speaker

5:40

feet.

Unassigned speaker

5:44

The

Speaker 4

5:44

technical standards and specification manual stipulates that sidewalk be installed along both sides of the right-of-way.

5:50

The applicant is proposing sidewalk only on one side of the right-of-way, which will extend around the cul-de-sac.

Unassigned speaker

5:59

The

Speaker 4

6:00

technical standards and specifications manual stipulates a maximum length of a cul-de-sac at 500 feet.

6:06

The applicant is proposing a cul-de-sac street with a length of 615 feet.

Unassigned speaker

6:14

The

Speaker 4

6:15

technical standards and specification manual stipulates a 10-foot wide non-municipal easement along both sides of the right-of-way.

6:22

The applicant is proposing to eliminate a portion of the non-municipal easement and reduce the width of the non-municipal easement along a portion of the proposed wide right-of-way.

6:34

The technical standards and specification manual stipulates the street trees be provided with in the plaza along both sides of the right-of-way.

Unassigned speaker

6:41

The

Speaker 4

6:41

applicant is proposing street seat street trees to be installed along the western side of the street only.

6:47

The applicant proposes to utilize existing trees within the proposed right-of-way and supplement with additional plannings.

Unassigned speaker

7:12

The

Speaker 4

7:13

technical standards and specification manual also stipulates a maximum commercial driveway width of 30 feet.

7:19

The applicant is proposing to maintain the existing driveway widths of three existing driveways, which are 32 to 36 feet in width.

Unassigned speaker

7:32

The

Speaker 4

7:33

technical standards and specifications manual stipulates that the maximum length of a private driveway be no more than 500 feet, and the combination of the public street and private driveway shall not exceed 800 linear feet.

7:46

The applicant is proposing a driveway length of 1,490 linear feet.

7:54

This concludes staff's presentation.

7:56

I'd like for my case summary to be entered into the record.

7:58

I'm happy to answer any questions you may have, and the applicant is here as

Unassigned speaker

8:03

well.

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure█████████████████████████████████████████████66%
Public Safety██████████15%
Procedural█████8%
Zoning And Land Use███4%
Housing██3%
Stormwater Management█2%
Driveway█2%
Summary of Proceedings

Wilmington Design Adjustment Committee - October 21, 2026

The City of Wilmington Design Adjustment Committee met on Wednesday, October 21, 2026, at 1:30 p.m. per the agenda, in City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC, to hold quasi-judicial evidentiary hearings on requested deviations from the city's Technical Standards and Specifications Manual. The committee heard one application, 5710 Market Street, and noted that a second application, 1205 Airlie Road, had been withdrawn by the applicant. After staff and applicant testimony, the committee approved most requested waivers, placed conditions on a sidewalk waiver, and approved the preliminary plan.

Consent Calendar

  • Approval of June 18, 2026 minutes: the agenda indicates a motion to approve passed 0-0, but the transcript does not capture this action and no minutes document was available.

Public Comments & Testimony

  • The committee opened and closed a public hearing for 5710 Market Street; no members of the public came forward to speak.

Discussion Items

  • 5710 Market Street (DAC-2026-0002) — Planner Zac Smith presented the request by Cindee Wolf with Design Solutions on behalf of property owner Eston Brinkley. The RB-zoned site is served by a proposed private right-of-way from Market Street. Staff listed ten requested adjustments from the Technical Standards and Specifications Manual: a 50-foot right-of-way instead of 60 feet; 21 feet of pavement instead of 34 feet; a 5-foot plaza instead of 6 feet; sidewalk on one side only; a 615-foot cul-de-sac instead of a 500-foot maximum; elimination or reduction of the non-municipal easement; street trees on one side only; retention of three existing driveways from 32 to 36 feet wide instead of a 30-foot maximum; and a 1,490-linear-foot driveway instead of the 500-foot/800-foot limits.
  • Applicant's position — Eston Brinkley said the existing road has long served a mobile home park that is being eliminated; about nine or ten mobile homes remain, two-thirds of the park has already been removed over five years, and 180-day notices were given. Cindee Wolf argued the waivers are justified by the site's long, narrow shape (roughly 200 feet of Market Street frontage and more than 1,100 feet of depth), a large public drainage easement, existing significant and specimen trees, and the existing roadway. She noted the project would preserve existing trees, keep sidewalk/plaza/trees along the northeastern side, include a new cul-de-sac, connect to the adjacent Toyota dealership for emergency access, and would be a private right-of-way, so maintenance would not fall on the city.
  • Committee discussion — Members questioned whether a future subdivided rear lot in the RB district might need the wider street standards, whether the existing sidewalk could be an ADA-accessible route to Market Street, and whether fire access would be adequate. Fire-access concerns were addressed by noting the reduced width was acceptable for the proposed vehicle-sales use because of the hydrant extension and two additional connections to the Toyota property, but a narrower road could limit future development on the rear parcel. The applicant's engineer said a collapsed sidewalk over a storm drain at the T-head turnaround would be repaired as part of the work. A discrepancy between the 615-foot and 630-foot cul-de-sac figures was explained as different measurement points (centerline versus the transition to the private driveway).

Key Outcomes

  • Waivers 1-3 and 5-10: Approved unanimously (agenda records the overall approval as 5-0), based on the non-through street condition, environmental/topographic constraints, lot depth, tree preservation, and emergency connectivity.
  • Waiver 4 (sidewalk on one side): Conditionally approved unanimously. Conditions required the existing sidewalk/accessible route to Market Street to be evaluated for accessibility and the western sidewalk to be extended from the sales office to the first driveway/property line to the north.
  • Preliminary plan: Approved unanimously, subject to the recommended conditions in the agenda packet and the conditions attached to the waiver approvals.
  • 1205 Airlie Road (DAC-2026-0003): Withdrawn by the applicant; no hearing was held.

Meeting Transcript

We'll call the uh design adjustment committee uh meeting to order. Uh before we get started, I have an introduction that I have to read. The design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual. The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures. These hearings are quasi judicial evidentiary hearings. That means they are like a court hearing, and the committee's decisions are constrained by the standards in the ordinance and based upon the facts presented. All variants require four-fifths vote of the committee to grant the variants. Appeals of the design adjustment committee are to Superior Court. The parties in these cases are entitled to an impartial board. If a board member has a fixed opinion on the matter, a financial interest in the outcome, a close relationship with the affected person, or has had any ex parte communication about the matter, please disclose that information to determine if a recusal is necessary. Please focus on the facts and the standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, 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 all staff applicants and members of the public who wish to speak this afternoon, please stand up and raise your right hand. Okay. Aye. Aye. Opposed. I will I'm not voting on that because I was not here. Is there a staff presentation? Good afternoon, Chair, members of the committee. This is evidential hearing number one, located at 5710 Market Street. Uh for a vehicle sales use. Private right-of-way is being proposed to provide access to the site from Market Street. An existing 50-foot-wide private access easement is located along the northern boundary of the subject site. The technical standards and specification manual stipulates a standard right-of-way width of 60 feet for a non-residential street. The applicant is proposing a right-of-way width of 50 feet and a waiver is requested. The technical standards and specification manual stipulates a standard pavement width of 34 feet for a non-residential street. The applicant is proposing a pavement width of 21 feet and a waiver is requested. The technical standards and specification manual specifies a standard plaza width of six feet, and the applicant that's proposing a plaza width of five feet. The technical standards and specification manual stipulates that sidewalk be installed along both sides of the right-of-way. The applicant is proposing sidewalk only on one side of the right-of-way, which will extend around the cul-de-sac. The technical standards and specifications manual stipulates a maximum length of a cul-de-sac at 500 feet. The applicant is proposing a cul-de-sac street with a length of 615 feet. The technical standards and specification manual stipulates a 10-foot wide non-municipal easement along both sides of the right-of-way. The applicant is proposing to eliminate a portion of the non-municipal easement and reduce the width of the non-municipal easement along a portion of the proposed wide right-of-way. The technical standards and specification manual stipulates the street trees be provided with in the plaza along both sides of the right-of-way. The applicant is proposing street seat street trees to be installed along the western side of the street only. The applicant proposes to utilize existing trees within the proposed right-of-way and supplement with additional plannings.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com