Wilmington Historic Preservation Commission Meeting - May 13, 2021

The Wilmington Historic Preservation Commission held a regular meeting on Thursday, May 13, 2021, at 5:31 p.m. in the Wilmington Convention Center. The meeting, which adjourned at 9:16 p.m., included evidentiary hearings on nine new and old business items, a vote on revised rules of procedure, and a staff update on a legal settlement concerning a mural. All votes were recorded with tallies.

Consent Calendar

• Approval of Minutes – Minutes from the March 11, 2021 and April 8, 2021 meetings were approved 8-0 (Commissioner Smith not present).
• Withdrawal of Item – Application for 7 South 2nd Street, Unit 9 (window replacement) was withdrawn 8-0 due to change in property ownership and lack of response from the new owner.

Public Comments & Testimony

• 14 South 5th Avenue – John Doherty (neighbor at 419 Dock Street) spoke in opposition to the proposed two‑story screened porch and pool equipment location, citing privacy and noise concerns. Applicant Brian Keever responded that the pool equipment would be screened and the porch only 10 feet deep.
• 509 Dock Street – Travis Gilbert (Historic Wilmington Foundation) spoke in support, noting the proposed design’s similarity to Henry Bonnet’s historic houses and the appropriateness of a 5‑foot setback given nearby examples.
• 512 Nun Street – Mark Smith (513 Nun Street) expressed general approval of the design but opposed front‑yard parking and requested the existing pecan tree be preserved. He suggested a shared easement with the adjacent church for rear parking.
• 514 Nun Street – Mark Smith spoke in favor of the design but recommended 2‑over‑2 windows to match the block’s character, rather than the proposed 1‑over‑1 windows.
• 516 Nun Street – Mark Smith spoke in support of the overall design, including the belvedere (cupola), but opposed Bahama shutters and expressed concern about parking. Travis Gilbert clarified that the feature is a belvedere and noted three similar existing structures downtown, all with 1‑over‑1 windows and no shutters. Tom Richardson (513 Nun Street) also supported the project and requested preservation of the street‑side tree.

Discussion Items

• 609 Dock Street (Old Business) – Staff presented revised plans for window and door alterations on the rear second floor. The applicant agreed to use all‑wood sliding doors (instead of aluminum‑clad) and to install a stained‑glass window matching an existing side window. Approved with conditions.
• 1919 Chestnut Street – Owners Jim and Susan Beam described recurring flood damage from adjacent Burnt Mill Creek, with water depths up to 5 feet during Hurricane Florence. They proposed a retaining wall, fill dirt (max 4.5 feet), a picket fence, and modifications to accessory buildings (garage and storage shed) for flood mitigation. Staff noted the property is in a Historic District Overlay and only visible portions are subject to review. Approved with conditions.
• 14 South 5th Avenue – Applicant proposed a rear two‑story screened porch, a 22‑ft by 9‑ft (260 sq ft) swimming pool, door/window alterations, and landscaping on a house being returned to residential use. A neighbor opposed citing privacy and noise. Applicant noted the elevator was changed from a wheelchair lift to a two‑story residential elevator. Approved with conditions, including archaeological monitoring during pool excavation.
• 313 Church Street – Modification to a previously approved Certificate of Appropriateness: retaining the original footprint of a den/family room, adjusting the rear deck and side screened porch, and replacing the front door. The commission allowed the door replacement on condition that the original door be donated to architectural salvage. Approved 7-1 (Wilson dissenting).
• 509 Dock Street – New construction of a 1,818‑sq‑ft single‑family home on a vacant lot. The applicant proposed a 5‑ft front setback; some commissioners expressed concern about the setback’s impact on future development of adjacent lots. The applicant agreed to move the house back to 6.5 ft if needed. Approved 7-1 (Wilson dissenting) with 14 conditions, including preservation of the existing brick knee wall and pervious concrete driveway runners.
• 512 Nun Street – Proposed 2,023‑sq‑ft house with two front‑yard parking spaces and removal of a pecan tree in the right‑of‑way. Staff recommended parking be placed to the side or rear per design standards. The applicant explored an easement with the adjacent church but also considered a variance for on‑street parking. The commission continued the item 9‑0 to the June 10 meeting to allow resolution of parking and driveway issues.
• 514 Nun Street – New 1,928‑sq‑ft residence and 808‑sq‑ft detached garage on a lot reconfigured via recombination plat. Parking would be in a rear garage accessed by a side driveway. Approved 9-0 with 12 conditions, including a 31‑inch max foundation height, replacement tree, and protective fencing for an adjacent tree.
• 516 Nun Street – Proposed 2,906‑sq‑ft residence with a belvedere and wraparound porch, no on‑site parking. The applicant had applied for a variance for parking. Staff conditioned the Certificate of Appropriateness on obtaining that variance. The commission voted to approve the design but required removal of Bahama shutters on the belvedere and preservation of a street‑side tree. Approved 9-0 with conditions, including that the COA is contingent on the Board of Adjustment granting the parking variance.
• Rules of Procedure – Assistant City Attorney Melissa Huffman presented revised rules required to comply with NC General Statute 160D. Changes included gender‑neutral language, clarified conflict‑of‑interest procedures, and a simplified landmark designation process. After discussion, the commission voted 9-0 to approve the rules and forward them to City Council for final adoption.

Key Outcomes

• All votes with recorded tallies are noted above (e.g., 8‑0, 7‑1, 9‑0).
• 609 Dock Street – Approved with conditions: wood‑clad doors, stained‑glass window, trim matching existing, and administrative bypass for minor changes.
• 1919 Chestnut Street – Approved with conditions: existing footprints preserved, fiber‑cement siding smooth side out, clear glazing, grade changes reviewed by city engineer.
• 14 South 5th Avenue – Approved with conditions: clear glass, archaeological investigation for pool excavation, preservation of removed brick/windows for salvage, existing brick wall retained.
• 313 Church Street – Approved with conditions (7‑1): front door replaced but donated to salvage, original windows retained or donated, all prior conditions remain.
• 509 Dock Street – Approved (7‑1) with 14 conditions including revised elevations, brick knee wall preservation, tree protection, and pervious driveway.
• 512 Nun Street – Continued to June 10, 2021 (9‑0) to resolve parking/driveway access.
• 514 Nun Street – Approved (9‑0) with conditions including 31‑inch foundation, replacement tree, and landscape/lighting plans.
• 516 Nun Street – Approved (9‑0) with conditions: Bahama shutters removed, foundation max 31 inches, tree protection fence, and COA contingent on Board of Adjustment parking variance.
• Rules of Procedure – Approved (9‑0) and will be sent to City Council.

Other Business

• Pour House Settlement – Staff reported a consent order signed by a judge regarding a mural on a stairwell below a historic building. The mural on the wall parallel to the street must be removed within 45 days; the perpendicular wall mural may remain until 50% deterioration or business closure. No attorney fees were awarded. The city is addressing mural regulations in the Land Development Code rewrite.