ZBA-12-07
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 December 18, 2007. Members Present Members Absent Michael Lee, Chairman Tim Fuller, Alternate Michael
S. Jones, Vice-Chairman Carmen Gintoli, Alternate Dan Weldon Pete Devita, Alternate Robert Cameron, Jr. Peyton Williams 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. 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 wou
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. First order of business was the swearing in of new Board members Mr. Robert Cameron,
Jr. and Mr. Peyton Williams by the Chairman. It was properly moved by Mr. Jones and seconded by Mr. Lee to accept the minutes of the November 27, 2007 meeting. THE FIRST AND ONLY CASE
BEFROE THE BOARD WAS AS FOLLOWS: Marshall C. Rogers, 524 Beach Road North, Figure Eight Island, is requesting a variance from the sideyard setback requirements of New Hanover County
Zoning Ordinance, Section 51-2 for renovations and additions to an existing residence. Property is zoned R-20S. Case No. ZBA-816 The Chairman swore in County staff, Mr. Steven Still.
Mr. Lee called Mr. Still to give an overview of the case. Mr. Still stated Mr. Marshall Rogers is seeking a variance for an existing residence at 524 Beach Road North, Figure Eight Island
and New Hanover County Zoning Ordinance, Section 51-2 requires a minimum building setback of 15 feet from the side property line. He said the setback discrepancy was discovered during
preparation for renovations and an addition to their home, which was built in 1983. Mr. Still said the application indicates a sideyard setback encroachment of approximately 6 inches
on the southern side of the property. He said the submitted application states that setback intrusion error is from original construction and that the new addition will not further encroach
into the side setback.
2 Mr. Still added that the applicant has submitted proposed finding of fact to support the variance criteria. Mr. Lee called for those to speak in favor of granting the variance request
to come forward to sworn or affirmed for testimony The Chairman swore in Mr. Marshall Rogers and Mr. John Stirewalt. Mr. Rogers stated he has owned the house since 1983 and just recently
discovered that the survey is wrong. He said the property is adjacent to the beach wall and they are approximately 6 " over the line. Mr. Rogers said the renovation would add 7 ft. to
the front of the house and a covering over an existing deck. Mr. Lee asked if it would be difficult or costly if he had to adhere to the setback requirements. Mr. Marshall answered yes.
Mr. Lee 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 Decision
1. Marshall C. Rogers, 524 Beach Road North, Figure Eight Island, is requesting a variance from the sideyard setback requirements of New Hanover County Zoning Ordinance, Section 51-2
for renovations and additions to an existing residence. Property is zoned R-20S. Case No. ZBA-816 2. On a motion by Mr. Jones and seconded by Mr. Weldon the Board voted unanimously to
GRANT the variance request. Board Business On a motion by Mr. Jones and seconded by Mr. Weldon the Board voted unanimously to accept the 2008 Zoning Board of Adjustment schedule. There
being no further business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Acting Executive Secretary Chairman