ZBA 1-07
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 Center, 230
Government Center Drive, Suite 110, Wilmington, NC, on January 23, 2007. Members Present Members Absent Mike Furman, Chairman Michael Lee, Vice-Chairman Brian Eckel Michael Jones Dan
Weldon Tim Fuller, Alternate Carmen Gintoli, Alternate Peter DeVita, Alternate Ex Officio Members Present Andrew Olsen, Acting Assistant County Attorney Ann S. Hines, Executive Secretary
The meeting was called to order by the Chairman, Mr. Mike Furman. 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
thirty days in which
to appeal any decision made by the Board to Superior Court. It was properly moved by Mr. Jones and seconded by Mr. Lee to accept the minutes of the February 27, 2007 meting. All ayes
The Chairman swore in County staff, Ms. Ann S. Hines. THE FIRST AND ONLY CASE BEFORE THE BOARD WAS AS FOLLOWS: Michael J. Pennock and Michelle A. Shipp-Pennock, 114 Balsam Drive, are
requesting a variance from the setback requirements of New Hanover County Zoning Ordinance, Section 52.5-2 to construct a garage/workshop on the lot behind their residence. Property
is zoned R-15. Case No. ZBA-798. Mr. Furman called Ms. Hines to give overview of the case. Ms. Hines stated that Michael and Michelle Shipp-Pennock are requesting a variance from the
R-15 setbacks requirements for a detached garage behind their residence at 114 Balsam Drive. She said they are requesting a 5-foot building setback on the side and rear. Ms. Hines said
the ordinance allows a 5-foot setback for an outbuilding up to 600 sq. ft in footprint, which would be a 20' x 30' building and the building they want to construct is 26' x 30' which
would be 720 sq ft.; 120 sq ft over the requirement. Ms. Hines stated the setbacks are the same as for the house which is 10 feet from the side line and 20 feet from the rear. She said
their appeal states that there are logistical problems in meeting those setbacks and they need that much space for a large amount of metal and woodworking tools used for a hobby. Ms
Hines said their submitted site plan shows the proximity of a septic system, which has a required setback from the septic lines and pushes the outbuilding
2 towards the side, and also a power pole located in front of where the garage would be which interferes with the setback and pushed it towards the rear property line. Mr. Furman called
for those to speak on granting the variance request to come forward to be sworn for testimony. Mr. Furman swore in Micahel Pennock and Michelle Shipp-Pennock. Mrs. Pennock said there
were two existing issues with the property that they discovered on their closing day and these issues created problems with them trying to place the garage. She said they
they later found out that the property was not on sewer but actually
on septic. Mrs. Pennock said the pervious owners enclosed a porch in back of the house and the original power box now has a pole that runs through the roof on the adjacent covered porch
to the addition. She said the power line goes from the far property across and behind behind that addition, to a power pole on their property and back to the meter box at the house.
She said if it had been left in its previous position, the power line would be sitting on the roof of the addition. Mrs. Pennock said the tools are presently taking up 325 sq ft of space
from floor to ceiling in a leased storage unit and the other half is in her father-in-
because he did not have access to his tools. Mr. Gintoli asked if he also
did commercial work with the tools. Mr. Pennock said no, it is just a hobby. Mr. Eckel asked if they got a survey of the property. Mrs. Pennock said they did get a survey but
on the survey. Mr. Furman asked the allowable setbacks on the rear. Ms. Hines said the minimum on the rear is 20 sq. ft. which is the same as for
the house. Mr. Furman said a shed is shown on the drawing that appears to be 5 ft. Mrs. Pennock said it is a small garden shed where they keep the riding lawn mower and their bicycles.
Mr. Furman called for those to speak in opposition to granting the variance request to come forward to be sworn for testimony. There was no one present to speak in opposition to granting
the variance request. Board Discussion Public Hearing closed Mr. Gintoli said it appears that if the building was moved 20 ft forward and 10 ft to the side it would not interfere
with the septic and the pole. Mrs. Pennock said the power line is not shown on the drawing and if the garage is moved forward, the front of the building would be on that line.
3 Mr. Gintoli suggested reducing the size of the building. Ms. Hines said the applicant asked if they could go to a 2-story building with a 600 sq ft footprint and they are allowed to
do that. Mr. Eckel said since the Board tonight consists of 4 members instead of 5 and the vote would have to be unanimous to pass, at what point in the proceedings would the appellants
be allowed to ask for a continuance. Ms. Hines said there is not a rule for that and anyone can ask for a continuance even after going part way through a case. Attorney Olsen said it
is fine just as long as the request is made prior to taking the vote. Mr. Furman asked if the other homes in the area have large storage buildings. Mr. Pennock said most of the neighbors
have over sized buildings to the right of the property line. He also mentioned one neighbor that has a storage building large enough to park his RV in it. Mr. Pennock also added that
to apply for his building permit, he has to have the plans and in order to get ththey have to put down a 10% deposit and if they back out, they
will lose the deposit. Mr. Furman asked what is in the rear of their property. Mr. Pennock said there is a 6 ft privacy fence on their property and a house behind them 50 or 60 feet
to the rear. Mrs. Pennock said in the back of that lot are 2 sheds and a large play set. Mr. Furman asked if the septic lines shown on the drawing an estimate. Mr. Pennock said it is
fairly accurate and more accurate that what the Health Department has on file. He said he had to have someone flag the lines and measure it off. Mrs. Pennock said the person had to actually
probe down. Mrs. Pennock said although a 2-story structure is a do-able option it would be difficult due to the weight and size of some of the equipment. Mr. Gintoli said he does not
see a hardship created by the Zoning Ordinance because if they reduce the building by 180 sq ft or move it 20 ft forward, there would not be a problem. Mr. Eckel said he would strongly
recommend that the appellants request a continuance.
meeting and they answered yes.
4 Board Decision 1. Michael J. Pennock and Michelle A. Shipp-Pennock, 114 Balsam Drive, are requesting a variance from the setback requirements of New Hanover County Zoning Ordinance,
Section 52.5-2 to construct a garage/workshop on the lot behind their residence. Property is zoned R-15. Case No. ZBA-798. 2. On a motion by Mr. Eckel and seconded by Mr. Weldon, the
Board voted unanimously to CONTINUE this case to the February 27, 2007 meeting date. Board Business The Board voted unanimously to accept the Zoning Board of Adjustment schedule for
2007. There being no further business before the Board, it was properly moved by Mr. Eckel and seconded by Mr. Weldon to adjourn the meeting. All ayes. Executive Secretary Chairman