ZBA-2-05
1 MINUTES ZONING BOARD OF ADJUSTMENT February 22, 2005 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
Administration Annex Building, 230 Market Place Drive, Suite 110, Wilmington, NC, on February 22, 2005. Members Present Chairman Michael V.
Lee, Vice-Chairman Michael S. Jones Horace Malpass Brian Eckel Ex Officio Members Present Holt Moore III, Assistant County Attorney Debra D. Wilson, 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 hardships. The Board also hears appeals of
the thi
rty days in which to appeal any decision made by the Board to Superior Court. It was properly moved and seconded to approve the minutes of the January 2005 Board meeting. Mr. Furman
swore in County staff Ms. Debra D. Wilson. The first and only case to be brought before the Board was as follows: Watermark Marina of Wilmington, LLC, 3526 River Road is requesting a
variance from the parking requirements of New Hanover County Zoning Ordinance for a marina facility and boat storage
The property is zoned I-2. ZBA-745. The Chairman called Ms. Wilson to give an overview of the case. Mr. Wilson stated that the owners of Watermark Marina are requesting a variance
from the parking requirements of New Hanover County Zoning Ordinance for a proposed expansion of boat storage and marina facility for this I-2 zoned property. She said the property is
currently under the name of Barnards Creek Yacht Club, and the new owners are proposing a new dry dock storage building, which would house approximately 895 boats. She said the proposed
site plan shows 332 parking spaces, which breaks down 146 spaces for the clubhouse building (at 1 space per 100 square feet of building) and 186 spaces to serve the boat storage facility.
Ms. Wilson said Article VIII (Off-Street
2 Parking) of the Zoning Ordinance, would require 448 spaces for the dry boat storage and they are requesting a variance to allow 186 spaces, which would be a reduction of 262 spaces.
Ms. Wilson stated that the applicant has submitted proposed findings of fact in support of the variance criteria as contained in Ordinance 122-1 and all parties were notified. The Chairman
called those to speak in favor of granting the variance request to come forward to be sworn or affirmed for testimony. Mr. Furman swore in: Mr. Richard Conto Mr. Brian McCarthy
one space.
He said typically in other areas with dry stacks, the requirement is a 5 to 1 ratio. He said
in all at once to take their boats out, so all of those parking spaces would not be used,
even on the busiest weekends. Mr. Conto said they are asking for parking that is equal to what is used in Ft. Lauderdale, Miami or Virginia Beach where dry stack is a common product.
Mr. Eckel asked if the 2 to 1 a new ratio. Mr. Conto said the existing facilities here have a 10 to 1 ratio and the 2 to 1 ratio was put in place after these existing ones were built.
Mr. Furman asked who owns the property now. Mr. Conto said Bill Cannon and his group presently owns the property and part of the closing conditions is getting all the permits and approvals
to build the project. He said he and his partner would be closing on the property within 60 days, and they have all the approvals except the parking variance. Mr. Lee asked if there
was any other place on the site plan where they could fit the facilities. Mr. McCa�
�large enough area to accommodate Fire Codes and they need to have a 60-foot aisle for forklift trucks to maneuver around
with the boats. Mr. Lee asked how the boats are loaded into the building. Mr. McCarthy said there are two entrances on either side of the building along with a passenger walkway. He
said the aisles are also 60 feet per Fire Code requirements. Mr. Malpass asked if they are saying that the parking for the clubhouse is more than what is required by the Ordinance. Mr.
McCarthy said yes, they have met the requirements for the clubhouse, which is more than adequate. Mr. Jones asked the final number for the clubhouse and storage facility required by
the Ordinance.
3 Ms. Wilson said in order to comply with the current Ordinance requirements, they would need 448 for dry stack and 146 for the clubhouse. The current site plan shows a total of 332
for the entire site. Mr. Malpass asked if there is a dry storage facility currently in place or if this is a band new project. Mr. Conto said this is a brand new structure that has not
been built yet. The Chairman called for those to speak in opposition to the Board granting the variance request to come forward. There was no one present to speak on denying the variance
request. Board Deliberation Mr. Malpass asked Ms. Wilson if 448 is what is required by the Ordinance. Ms. Wilson said that amount is just for the dry stack facility and the ratio they
propose is for approximately 895 boats. She said the Ordinance requires 1 off-street parking space for every 2 dry stack slips; therefore they would be required to provide 448 just for
the dry stack. Mr. Eckel said he views this as a text change to the Ordinanfunction. He added that he
does not see the hardship. Mr. Conto asked what they would need to do, if that is the case. Ms. Wilson explained that they would need to go back to the Planning Department and propose
a text amendment. Board Decision: 1. Watermark Marina of Wilmington, LLC, 3526 River Road is requesting a variance from the parking requirements of New Hanover County Zoning Ordinance
for a marina facility and Club. The property is zoned I-2. ZBA-745. 2. On a motion
by Mr. Eckel and seconded by Mr. Lee the Board voted unanimously to DENY the variance request based on the findings of fact and information provided. Last order of business before the
Board The Chairman swore in Mr. Tim Fuller as an alternate member to the Zoning Board of Adjustment. There being no further business before the Board, it was properly moved and seconded
to adjourn the meeting. All ayes. Acting Executive Secretary Chairman