ZBA-7-07
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, Training Room B, Wilmington, NC, on July 24, 2007. Members Present Members Absent Michael Lee, Vice-Chairman Mike Furman, Chairman Brian Eckel Carmen Gintoli,
Alternate Michael S. Jones Peter DeVita, Alternate Dan Weldon Tim Fuller, 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 Vice-Chairman, Mr. Michael Lee. Mr. Lee 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. Eckel and seconded by Mr. Jones to accept the minutes of the
April 24, 2007; all ayes. It was properly moved by Mr. Eckel and seconded by Mr. Jones to accept the minutes of the June 26, 2007 meeting; all ayes. The Chairman swore in County staff,
Mr. Steven Still. THE FIRST CASE BEFORE THE BOARD WAS AS FOLLOWS: James E. Ukrop & J.R. Svoboda, 2 Banks Road, Figure Eight Island, are requesting a variance from the side setbacks of
New Hanover County Zoning Ordinance, Section 51-2 to renovate an existing residence. Property is zoned R-20S. Case No. ZBA-808 Mr. Lee called for those to speak on granting the variance
request to come forward to be sworn for testimony. The Chairman swore in Mr. James Burris, and Ms. Kerry Svoboda. Mr. Lee called Mr. Still to give an overview of the case. Mr. Still
stated the New Hanover County Zoning Ordinance, Section 51-2 requires a minimum building setback of 15 feet from the side property line and this setback discrepancy was discovered
2 during preparation for renovations to their home which was built in 1974. He said the application indicates a side-yard setback encroaches approximately 0.4 inches on the eastern side
of the property and 1'-4" on the western side. Mr. Still stated the applicants have submitted proposed findings of fact. Mr. Still also informed the Board that a letter of objection
was recently submitted but has now been withdrawn. Ms. Kerry Svoboda stated that Mr. James Burris is their contractor and would be speaking on their behalf. Mr. Burris stated they are
trying to make improvements to the property and they will not encroach any further into the setback. He said their plan is to make the house more energy efficient and come into compliance
with CAMA regulations. Mr. Burris said presently they are approximately 2 feet off the ground and they want to raise the house to meet CAMA regulations. Mr. Lee called for those to speak
in opposition to granting the variance request to come forward to be sworn for testimony. There There was no one present to speak in opposition to granting the variance request. Public
Hearing closed Board Discussion Mr. Still said raising the house would bring it into Flood Plain requirements, not CAMA requirements as previously stated. Board Decision 1. James
E. Ukrop & J.R. Svoboda, 2 Banks Road, Figure Eight Island, are requesting a variance from the side setbacks of New Hanover County Zoning Ordinance, Section 51-2 to renovate an existing
residence. Property is zoned R-20S. Case No. ZBA-808 2. On a motion by Mr. Eckel and seconded by Mr. Jones, the Board voted unanimously to GRANT the variance based on the findings of
fact. THE SECOND CASE BEFORE THE BOARD WAS AS FOLLOWS: Sheila Hall, 89 Pelican Point Road, is requesting a variance from the front setback requirements of New Hanover County Zoning Ordinance,
Section 52.5-2 to construct a new one story personal residence. Property is zoned R-15. Case No. ZBA-809 Mr. Lee called for those to speak on granting the variance request to come forward
to to be sworn for testimony. He swore in Ms. Sheila Hall and Ms. Laura Wood. Mr. Lee called Mr. Still to give an overview of the case. Mr. Still stated the New Hanover County Zoning
Ordinance requires a 25-foot front setback from the road right-of-way in an R-15 zone. Mr. Still said there is a 30-foot access easement on the right side of the parcel that limits the
buildable area. He said the site plan submitted with the variance
3 request shows a 5-foot encroachment into the front setback due to the restrictions of the 30-foot easement on the right side. Mr. Still stated the applicant has submitted proposed
findings of fact. Ms. Hall stated that she is requesting a 5-foot setback for her property. Ms. Hall said when she purchased the property it already had the 30-foot easement which allows
the property owners on lots B and C access to their property. She said the problem is that the easement reduces her buildable square footage by over 4,000 sq. ft. She said the lot is
long and narrow and she has put in a lot of time and expense to try and come up with a design that fits the lot and keeps in harmony with the surrounding homes. Ms. Hall said all the
adjacent neighbors have seen her plans and they have no objection. She said granting the variance would not encroach or impede upon any emergency vehicles, trash trucks or anything of
that nature. Ms. Hall said her house faces the east and she was under the impression that was where her her front setback would be located, but she later found out that the County has
her front facing Pelican Point Road. She said her property is on lot A, and she wants to build her house facing the easement and not Pelican Point Road. Ms. Hall pointed out on a
that she said protrudes out much further than her house would if she could build as she is requesting. Ms. Hall also pointed
out a brick and wrought-iron fence that goes along the front of the easement and behind her property. She said with the fence being there, she thought that would indicate it was the
front of the property. Ms. Hall said Ms. Laura Wood is her designer and could explain further. Ms. Wood stated that she is speaking on behalf of Ms. Hall. She said the site plan shows
an existing concrete drive which is used by the neighbors as access to their property. She said the concrete drive is approximately 15 feet; there is 15 feet of grass and the front of
the house to the porch sits back another 11 feet. Ms. Wood said what they are considering as the front porch, is located approximately 22-½ feet from the edge of the concrete drive.
Ms. Wood said this is Ms. -level, single story, 2200 sq. ft. house with a 24 x 24 garage and fits in very well
with the surrounding neighborhood. Mr. Lee 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. Public Hearing closed Board Discussion Mr. Fuller asked Mr. Still if the applicant is requesting a setback variance from the
access easement or from Pelican Point Road. Mr. Still said the variance request is from Pelican Point Road because Pelican Point Road, as defined in the Ordinance, is the front yard.
Mr. Eckel said if what the County considers the front was changed, they would not need a variance. Mr. Still said they would still have to meet the setbacks from the front and sides
even from the easement. He said it is 10 ft on the sides and 20 feet on the rear so they would only have a 10 ft rear setback. Mr. Eckel said this is an unusual circumstance and the
reason variances were set up. Mr. Fuller asked if the seller made the buyer aware of the access easement and the restrictions.
4 The Vice-Chairman re-opened the Public Hearing. Ms. Hall said she was aware of the easement but she was not aware of the setbacks. She said when she bought the house she thought the
house could be positioned facing the east and she was not aware that the County considered Pelican Point Road as the front. Mr. Fuller said he is uncomfortable with always �
� that may not have been as diligent as it should have been. He said it is a reasonable request but at some point
the Board will be faced with someone requesting something that they did not think about before they bought property and then expect the Board to bail them out. Mr. Fuller said it is
part of what you should do before you purchase a piece of property. Mr. Lee asked Ms. Wood if there was any reason why the house could not be moved 1 foot closer to the rear setback
and then the 20 ft setback could be met. Ms. Wood said they could easily move 1 foot in. Pubic Hearing closed Board Discussion Mr. Fuller said the dimension shown on the drawing from
the edge of the drive to the front porch is 22'-5 ½". Mr. Fuller said with a 15 ft drive, another 15 ft to the access easement and an 11 ft setback, it should be 26 feet to the front
porch. He asked if there was any wording of the easement for lots B&C that the Board should be aware of. Ms. Wood explained that it is 30 ft. from the boundary line and the 11 ft. is
from the dashed line on the drawing to the front of the porch. Board Decision 1. Sheila Hall, 89 Pelican Point Road, is requesting a variance from the front setback requirements of New
Hanover County Zoning Ordinance, Section 52.5-2 to construct a new one story personal residence. Property is zoned R-15. Case No. ZBA-809 2. On a motion by Mr. Jones and seconded by
Mr. Fuller the Board voted unanimously to GRANT the variance request. THE THIRD AND LAST CASE BEFORE THE BOARD WAS AS FOLLOWS: William C. Mowery, 420 Capeside Drive, is requesting a
variance from from the side setback requirements of New Hanover County Zoning Ordinance, Section 69.4 D(5)(C) to construct a new attached garage. Property is zoned R-15: High Density.
Case No. ZBA-810 Mr. Lee called for those to speak on granting the variance request to come forward to be sworn for testimony. He swore in Mr. William C. Mowery and Ms. Judy Gullo. Mr.
Lee called Mr. Still to give an overview of the case.
5 Mr. Still stated the Zoning Ordinance requires a 10 foot setback between dwellings for structures located in a High Density development. His said the right side of this home, which
is the proposed location for the attached garage, currently has a setback of 17.3 feet and the addition of the garage would violate the setback requirement by 2 feet. Mr. Still said
the property adjacent to the proposed location for the attached garage, currently has a setback of 2 feet from the property line and the site plan submitted with the variance request
shows an 8-foot setback from the neighboring residence at 424 Capeside Drive. Mr. Still stated the applicant has submitted proposed findings of fact. Mr. Mowery stated his neighbor only
has 2 feet of property and he has 17 feet of property. He said if his home had been placed 3 feet over he would not be before the Board tonight. Mr. Mowery said he tried to reduce the
size of the garage but 11 feet 3 inches is as small as he could make it. He added that his neighbors have no objection to this project. Ms. Judy Gullo stated she lives directly across
from Mr. Mowery at 421 Capeside Drive. She said most all of the homes there have garages and none of the neighbors have objections to his garage. She said the addition of a garage would
look nicer and also increase the value of his home. Ms. Gullo added that she is the Vice President of their homeowners association and they are in favor of the project. Mr. Lee 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. Public Hearing closed Board Discussion Mr. Fuller asked if there is access for emergency personnel. Mr. Still said he checked with Building Plans Reviewer, Hans Schult who
said Building Code and State Code require 3 feet between buildings. Mr. Still said he did not contact Fire Services. Board Decision 1. William C. Mowery, 420 Capeside Drive, is requesting
a variance from the the side setback requirements of New Hanover County Zoning Ordinance, Section 69.4 D(5)(C) to construct a new attached garage. Property is zoned R-15: High Density.
Case No. ZBA-810 2. On a motion by Mr. Fuller and seconded by Mr. Weldon the Board voted unanimously to GRANT the variance request. There being no further business before the Board,
it was properly moved by Mr. Fuller and seconded by Mr. Jones to adjourn the meeting. All ayes Acting Executive Secretary Chairman