ZBA-5-06
1 MINUTES ZONING BOARD OF ADJUSTMENT The New Hanover County Zoning Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the New Hanover Government Complex,
230 Market Place Drive, Suite 110, Wilmington, NC, on May 23, 2006. Members Present Members Absent Mike Furman, Chairman Dan Weldon Michael V. Lee, Vice-Chairman Michael S. Jones Brian
Eckel Carmen Gintoli Ex Officio Members Present Holt Moore III, Assistant County Attorney Ann S. Hines, Executive Secretary Shawn Ralston, Asst. Chief Zoning Enforcement Official The
meeting was called to order by the Chairman, Mr. Mike Furman. The Chairman explained that the Board tonight would consist of four members instead of five members, which mean there has
to be a unanimous vote to obtain a variance. Mr. Furman explained to all present that the Board is a quasi-judicial board appointed by the Board of Commissioners to consider zoning ordinance
variances from residents in New Hanover County where special conditions would create unnecessary hardships. The Board also hears appeals of the �
�e thirty days in which to appeal any decision made
by the Board to Superior Court. It was properly moved and seconded to table the voting on the minutes of the April 25, 2006 Board of Adjustment meeting until the June 27, 2006 meeting
due to three of the four members present would need to abstain. Mr. Furman swore in County staff, Ms. Ann S. Hines and Ms. Shawn T. Ralston. Mr. Furman asked if anyone would prefer to
continue their case to the next meeting due to the Board tonight consisting of four members. The appellants for the following cases elected to continue their case to the June 27, 2006
meeting: Violet P. Ward and David Ward have appealed revisions made to Special Use Permit #13 for a commercial marina at 1512 Burnett Road. Property is zoned R-15. Case No. ZBA-774 Peter
L. Wilson, 7612 Mason Landing Road is requesting a variance from the setback requirements of New Hanover County Zoning Ordinance Section 51-2 to construct a new single family residence.
The property is zoned R-20S. Case No. ZBA-775
2 Wade H. and Sandra D. Hargrove, 20 Backfin Point, Figure Eight Island, are requesting a variance from the front yard setback requirements of New Hanover County Zoning Ordinance Section
51-2 to enclose the front stairs at an existing residence. Property is zoned R-20S. Case No. 777 Donald Register, 5901Watermill Way is requesting a variance from the setback requirements
of New Hanover County Zoning Ordinance, Section 52.5-2 for an existing garage. Property is zoned R-15. Case No. ZBA-770 (Continued from the April 25, 2006 meeting) Board Decision: 1.
On a motion by Mr. Eckel and seconded by Mr. Lee the Board voted to continue the four cases to the June 27, 2006 meeting. All ayes. The next case before the Board was as follows: John
P. Griffin and Amy M. Griffin, 116 Dellwood Drive are requesting a variance from the side setback requirements of New Hanover County Zoning Ordinance Section 59.2-4 to construct a new
modular home. Property is zoned AR. Case No. ZBA-776 Mr. Furman called Ms. Ralston for testimony. testimony. Ms. Ralston stated that John and Amy Griffin, 116 Dellwood Drive, are requesting
a variance from New Hanover County Zoning Ordinance Section 59.2-4 in order to construct a new modular
home with 1stated �
�
Mr. and Mrs. Griffin
residential lot in an AR zone and their home would
yard setbacks. Ms. Ralston said Mr. and Mrs. Griffin are asking for a 16 feet side setback. Mr. Furman called those to speak in favor of granting the variance
request to come forward to be sworn or affirmed for testimony. He swore in Mr. John Griffin and Mrs. Amy Griffin. Mr. Griffin stated that when ordered the house they thought everything
was fine until they got a call from the Zoning Office. He said it is an older neighborhood and all the adjacent homes were built prior to the AR zoning with the exception of one which
was built in 1995. Mrs. Griffin said that home built in 1995 did not meet the restrictions of the AR zone and they got a permit to build without having to get a variance. Mr. Eckel asked
if that house was next to their lot. Mrs. Griffin answered yes; the address of the house is 112 Dellwood. She said granting the variance would not disrupt the harmony of the neighborhood
and they chose that particular style of ranch house because it would be in harmony with the neighborhood. Mrs. Griffin said it is only four feet that is causing the problem. Mr. Furman
asked if all the neighbors were notified.
3 Ms. Hines answered yes. Mr. Griffin said they ordered that size home with the assumption that it would fit. He added that the builders were not aware of the zoning either. Mr. Gintoli
asked if they found out when they applied for a building permit. Ms. Griffin said they found out when they got a call from Patricia Roberts in the Zoning Office. Mr. Furman called for
those to speak in objection to granting the variance request to come forward to be sworn for testimony. There was no one present to object to the Board granting the variance request.
Board Decision 1. John P. Griffin and Amy M. Griffin, 116 Dellwood Drive are requesting a variance from the side setback requirements of New Hanover County Zoning Ordinance Section 59.2-4
to construct a new modular home. Property is zoned AR. Case No. ZBA-776 2. On a motion by Mr. Gintoli and seconded by Mr. Lee the Board voted unanimously to GRANT the variance request.
Board Business Mr. Furman said, according to Mr. Lee there may be new rules which would allow a 3 out of 4 vote to grant a variance instead of a majority vote. He said Mr. Lee also said
that this rule would apply if a member has a legal excuse for not being able to attend the Board meeting. Mr. Furman said Mr. Lee will provide something in writing. There being no further
business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Executive Secretary Vice-Chairman