ZBA-11-07
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 County Government Center,
230 Government Center Drive, Human Resources Training Room B, Wilmington, NC, on November 27, 2007. Members Present Members Absent Mike Furman, Chairman Brian Eckel Michael S. Jones
Tim Fuller, Alternate Dan Weldon Carmen Gintoli, Alternate Peter DeVita, Alternate Ex Officio Members Present Sharon Huffman, Assistant County Attorney J. Steven Still, Acting Executive
Secretary Hattie Moore, Clerk 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 hards
interpretation in enforcement of the Zoning Ordinance. He added that appellants have 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 October 23, 2007 meeting. The Chairman swore in
County staff, Mr. Steven Still. Mr. Still updated the Board on the status of the following two cases scheduled to be heard tonight: Carolina Marina & Yacht Club, LLC, 1512 Burnett Road,
has appealed a letter of the Zoning Official regarding a request to use boat cradles, stands or portable boat racks at a commercial marina. Property is zoned R-15. Case No. ZBA-813.
Mr. Still said the appellant has withdrawn this appeal. Carolina Marina & Yacht Club, LLC, 1512 Burnett Road has appealed a determination of the Planning Director denying a request for
administrative approval to use boat cradles, stands or portable boat racks at a commercial marina. Property is zoned R-15. Case No. ZBA-814 Mr. Still said the appellant is requesting
a continuance of this appeal to the January 2008 meeting. Mr. Matthew Nichols was called to give a statement regarding their request to continue the case. Mr. Nichols said he is representing
the Carolina Marina & Yacht Club, LLC and they are requesting a continuance of their appeal until the January 2008 meeting. He said he contacted Mr. Bill Raney,
2 attorney for Mrs. Violet Ward and Mr. David Ward, and Mr. Raney has no objection to the continuance request. Mr. Nichols said the basis for the request stems from a statement in Ms.
Hines summary letter to the Board dated November 19, 2007. It is our position that this matter should not be before the Board of Adjustment because only the County Commissioners
have the authority to issue or make substantial changes in special use permits; the Board of Adjustment does not have that power. Mr. Nichols said they need time to evaluate that statement
and if that is the case it will not be necessary to pursue this appeal before the Board of Adjustment. Board Decision 1. Carolina Marina & Yacht Club, LLC, 1512 Burnett Road has appealed
a determination of the Planning Director denying a request for administrative approval to use boat cradles, stands or portable boat racks at a commercial marina. Property is zoned R-15.
Case No. ZBA-814. 2. On a motion by Mr. DeVita and seconded by Mr. Jones the Board Board voted unanimously to continue the case to the January 2008 meeting. THE THIRD AND LAST CASE BEFORE
THE BOARD WAS AS FOLLOWS: John Cusumano, 115 Patalanda Road is asking for a variance from the 15,000 sq. ft. minimum lot size requirements of New Hanover County Zoning Ordinance Section
52.5-2 for the recombination of three non-conforming lots into two non-conforming lots. Property is zoned R-15. Case No. ZBA-815 Mr. Furman called Mr. Still to give an overview of the
case. Mr. Still stated Mr. Cusumano is currently in the process of purchasing the property located at 115 and 121 Patalanda Road, which is in the Myrtle Grove area, and Mr. Cusumano
wants to recombine the three existing non-conforming lots into two lesser non-conforming lots. Mr. Still said all indications are that the original parcels, which predate zoning, were
set up as individual camp sites measuring 20 feet wide by 100 feet deep and in or around 1974 the individual lots were combined to make larger home sites. He said currently the parcels
comprise of a 12,000 sq. ft. lot, a 10,000 sq. ft. lot and a 4,000 sq. ft. lot which lies in between the two other lots. He said in the R-15 zoning district, lots created after the imposition
of zoning are required to contain at least 15,000 sq. ft. He said Mr. Cusumano wants to divide the three nonconforming lots into two lots with equal square footage of 13,000 sq. ft.;
remove the existing mobile home from the 10,000 sq. ft. lot and build a new home, renovate and build an addition to the existing home on the 12,000 sq. ft. lot. He said the building,
as shown on the submitted site plan, meets all the zoning regulations as well as setbacks. Mr. Still said Mr. Cusumano states that the combination of the three lots into two lots would
bring the parcels more into compliance with the current zoning regulations. 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 Cusumano and Ms. Ruby Rennie. Mr. Cusumano stated stated his plan is to combine the lots to give them equal size in order to place a home
on each lot and make them more desirable to the public. He said he had some preliminary drawings done and is now awaiting approval in order to start renovations on the first house. Mr.
Cusomano said this would make the neighborhood more pleasing.
3 Ms. Rennie said she lives next door to Mr. Cusumano and his project would be a great improvement to their neighborhood. Mr. Furman asked Mr. Still if Zoning received any objections
to this request and Mr. Still said no. Mr. Furman called for those to speak in opposition to the variance request to come forward. There was no one present to speak in opposition to
granting the variance request. Board Deliberation Mr. DeVita asked Mr. Still if the appellant would be allowed to place a mobile home on the 4,000 sq. ft. lot. Mr. Still said no because
that non-conforming lot does not meet the minimum lot requirements. Mr. DeVita asked if Mr. Cusumano could build on the other two existing lots. Mr. Still said yes as long it is under
a 50% threshold, which means if he would repair those buildings that are over the 50% threshold they would have to come into full compliance and as a result would not meet the minimum
lot size requirements. Mr. DeVita said he can see no problem with adding property to an existing non-conforming lot but Mr. Cusumano only has 4,000 sq. ft. He said adding 2,000 sq ft.
to each lot would make it better. Mr. DeVita also said that Mr. Cusumano did not create the hardship; the hardship was created by the County. Board Decision: 1. John Cusumano, 115 Patalanda
Rd. is asking for a variance from the 15,000 sq. ft. minimum lot size requirements of New Hanover County Zoning Ordinance Section 52.5-2 for the recombination of three non-conforming
lots into two non-conforming lots. Property is zoned R-15. Case No. ZBA-815. 2. Mr. DeVita made a motion to grant the variance request based on the findings of fact and Mr. Weldon seconded
the motion. All ayes. Board Business The Board voted unanimously to elect Mr. Michael Lee as Chairman and Mr. Michael Jones as Vice-Chairman of the Zoning Board of Adjustment for year
2008. There being no further business before the Board, it was properly moved by Mr. DeVita and seconded by Mr. Jones to adjourn the meeting. All ayes. Acting Executive Secretary Chairman