Wilmington Historic Preservation Commission Meeting - 2023-07-13
Wilmington Historic Preservation Commission Meeting - 2023-07-13
The Wilmington Historic Preservation Commission met on Thursday, July 13, 2023 (2023-07-13) at 5:30 p.m. for an evidentiary design review. Staff and applicants were sworn in before testimony. The agenda listed the meeting at City Council Chambers, Skyline Center, 929 North Front Street, while the minutes state City Council Chambers, City Hall, 102 North 3rd Street. The Commission unanimously approved the June 8, 2023 minutes, accepted withdrawal of one old business item, conditionally approved one after-the-fact fence by a 4-3 vote, approved demolition of a fire-damaged garage 7-0, and continued the new garage construction request to September 14, 2023. The meeting adjourned at 6:56 p.m.
Consent Calendar
- Approval of minutes from June 8, 2023: motion passed 7-0 with no changes.
Public Comments & Testimony
- No members of the public spoke during the evidentiary hearings.
- For 111 S 4th Street, applicant's attorney submitted written support from rear neighbors Donna and Eddie White, owners of 110 South Fifth Avenue. They stated they very much liked the appearance, construction, and height of the new fence and supported keeping it as is. The attorney also reported that the north neighbor, Michael Merkison, had no opposition to the fence.
Evidentiary Hearings
221 South 5th Avenue - Roof Replacement (Old Business)
- The applicant requested to withdraw the item. The Commission voted 7-0 to accept the withdrawal.
111 S 4th Street - After-the-Fact Fence Installation (New Business)
- Staff summary: The property is a contributing resource in the Historic District - Residential. The recently installed rear-yard fence runs along portions of the northern, eastern, and southern property lines; it varies from 8 feet 3 inches to 7 feet 7 inches in height, uses horizontal board-on-board construction with a diagonal lattice top, and has its finished side facing the applicant's property. Staff noted the fence was attached to an existing chain link fence and that no Certificate of Appropriateness had been issued. The applicant was informed before construction that commission review would be needed if the fence exceeded 6 feet.
- Applicant's position: Attorney Russ Bryan, representing owner Meredith Sheridan, argued the fence was a replacement for a fence damaged in Hurricane Florence, that the prior fence was 8 feet tall, and that the fence was needed for safety and security because of trespassing. He said the applicant relied on an experienced fence contractor, that the fence is largely hidden from the street, and that neighbors supported it.
- Deliberation: Concerns included the after-the-fact nature of the request, the height above the 6-foot rear-yard standard, the horizontal board orientation, the diagonal lattice, lack of documentation proving the previous fence was 8 feet, and the precedent approval would set. Some commissioners found the design attractive; staff confirmed the design standards do not explicitly prohibit horizontal boards or diagonal lattice. The assistant city attorney reminded members each case must be considered on its own merits.
- Vote: A motion to conditionally approve passed 4-3, with Mr. Sulkey, Mr. Ron Wilson, and Ms. Ashley Wilson voting no. Conditions included: (1) the finished side of the fence must face the adjacent property; (2) the fence must not be structurally attached to any adjacent fence; (3) the fence must be no taller than 6 feet; (4) all construction must comply with the Land Development Code and other applicable laws and permits; and (5) changes must be reviewed by the Historic Preservation Commission or staff through the administrative bypass process.
- After the vote, the applicant's attorney sought clarification of condition 1. Staff explained it is a zoning requirement: either the boards must be flipped so the finished side faces the adjacent property, or the unfinished side must be made to look finished.
111 N 15th Street - Demolition and New Accessory Structure (New Business)
- Staff summary: The property contains the Kirby Smith House (circa 1921) and a one-story detached garage (circa 1923) damaged by fire. Both are contributing resources in the Carolina Heights/Winoca Terrace Historic District Overlay; only elements visible from the public right-of-way excluding alleys are subject to design review. The applicant proposed demolition of the garage with a waiver of the 365-day stay and construction of a new garage on the existing foundation, approximately 508 square feet (26 feet 5 inches by 19 feet 3 inches), about 12 feet tall, with a 7-over-12 roof pitch, engineered wood siding, and other proposed materials.
- Applicant's position: Owner Jeffery Litzinger said he wanted to demolish the damaged garage now for safety because the fire damage made it a hazard and vacation renters were canceling. He planned to rebuild later and stated a contractor believed the foundation was stable.
- Deliberation: Commissioners asked for drawings or a site plan of the new garage, noting none was provided. They also raised concerns about reusing the 1923 slab and meeting current building codes. Staff confirmed the main house repairs could be handled at staff level and were not part of this request.
- Vote: The Commission voted 7-0 to waive the 365-day stay of demolition and approve demolition, with conditions that all existing trees be protected during demolition, construction comply with the Land Development Code and all applicable permits, and changes be reviewed by the Commission or staff through administrative bypass.
- Vote: The Commission voted 7-0 to continue the request for construction of the new accessory structure to the September 14, 2023 meeting so the applicant could provide additional information and site plans.
Key Outcomes
- Approved June 8, 2023 minutes 7-0.
- Granted withdrawal of 221 South 5th Avenue 7-0.
- Conditionally approved the after-the-fact fence at 111 S 4th Street 4-3, with conditions summarized above. Opposed: Stephen Sulkey, Ron Wilson, and Ashley Wilson.
- Approved demolition and waiver of the 365-day stay at 111 N 15th Street 7-0.
- Continued new garage construction at 111 N 15th Street to September 14, 2023 7-0.
- No items were presented from commission or staff. The next scheduled Historic Preservation Commission meeting is August 10, 2023. The meeting adjourned at 6:56 p.m.
Meeting Transcript
Good evening, everybody, and welcome to the July 13th, 2023 meeting of the Historic Preservation Commission. Hearings before this commission are quasi judicial in nature. It is a design review process to determine whether a proposed project is congruous with the special character of the historic district or landmark in which it is located. Decisions of the commission are based on the record of these proceedings. The Wilmington design standards for historic districts and landmarks and the Secretary of Interior Standards for Rehabilitation. Evidence submitted to the Commission for review will become part of the record. Appeal of a commission decision must be submitted to the Wilmington Board of Adjustment within 30 days of the date of the commission's action. And further appeal must be submitted to Superior Court. Evidence pertaining to an agenda item must be presented during the evidentiary portion of that item. Each individual should come to the podium and clearly state their name and address before addressing the commission. As a brief reminder, members of the commission are appointed by and serve at the pleasure of the city council. The commission is held to the requirements of the Wilmington design standards for historic districts and landmarks as well as the applicable North Carolina state law. Miss Melissa Huff Huffman, the assistant city attorney. This is the administrative portion of the meeting. I am Commissioner Egan, the Commission Chair, and my fellow commissioners will now introduce themselves. Ross Thomaselli. Stephen Sulkey. Ashley Wilson. Christopher Yermal. Ron Wilson. Allison Watts. Thank you. We will now swear in those present who wish to present evidence relied related to an agenda item this evening. If I could have all staff and applicants please stand up and raise your right hand to be sworn in. Thank you. Thank you. We've received a copy of the minutes for the last two meetings. If there are any suggested edits or corrections to the draft minutes, please bring them to our attention now. No, they look good. Okay, uh, may I have a motion to accept the minutes as drafted? Move to accept. Second. All in favor? Aye. Aye. We'll now move to the evidentiary portion of the meeting, and we will have well. We have an old business item where the applicant has requested to withdraw this item. And so, Amy, you want us to have a motion to withdraw the item? Yes, we'll need someone to make a motion to accept the withdrawal, a second, and then a vote like normal. Okay. I motion for the withdrawal of the item at 221 South Fifth Avenue. A second. All in favor? Motion passed. Now we'll move on to new business, and the first item will be 11 South Fourth. The applicant seeks approval for an after-the-fact installation of a rear yard fence. The subject property is located on the east side of South Fourth Street between Dock and Orange Streets and is a contributing resource in historic district residential. Revisions to all facades of a building and the site are subject to design review in this district. The Jones Mitchell House was built circa 1849 with significant alterations in 1870. The Italian eight style, side passage, two-story, three bay-wide dwelling features clapboard siding, two over two windows, interior chimneys, and a peaked roof line.
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