ZBA-4-07
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 April 24, 2007. Members Present Members Absent Mike Furman, Chairman Michael V. Lee Brian Eckel Carmen Gintoli, Alternate Michael
S. Jones Tim Fuller, Alternate Dan Weldon 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 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 by Mr. Jones and seconded by Mr. Weldon to accept the minutes of the March 27, 2007
meeting. One abstain (Mr. DeVita) The Chairman swore in County staff, Mr. Steven Still. THE FIRST CASE BEFORE THE BOARD WAS AS FOLLOWS: Jeffrey and Kaye Broos, 10 Sandy Point, Figure
Eight Island, are requesting a variance from the setback requirements of New Hanover County Zoning Ordinance, Section 51-2 for an addition and alterations at an existing residence. Property
is zoned R-20S. Case No. ZBA-804 Mr. Furman called Mr. Still to give an overview of the case. Ms. Still stated that Jeffrey and Kaye Broos are owners of the property at 10 Sandy Point,
Figure Eight Island. He said the home was built by others in 1976, and recent planning for alterations and additions to the house revealed that the house encroaches into the front and
and side setbacks. Mr. Still said a map of the survey submitted by the applicants, show a front setback of 20.9 feet (30 feet is required); a setback on the left side, as viewed from
the street, of 17.1 feet for the house and apparent setback intrusion by a raised deck, walkway and steps into the 15-foot required setback; and a setback on the right side of 13.9 feet,
also intruding into the 15-foot required setback. He said the applicants are
2 and this plan shows a reduction in the intrusion on the left side and a setback of 13 feet 6 inches on the right side. He said no dimension is given for the setback of the stairs on
the left-hand side and the applicants have submitted proposed findings of fact. Mr. Furman called for those to speak on granting the variance request to come forward to be sworn for
testimony. The Chairman swore in Mr. John Stirewalt. Mr. Stirewalt stated that he is the architect for the proposed project and is also representing the owners. He said this is another
case on Sandy Point where the lot lines are formed parallel to the street which created a violation of the front yard setback because of the angle formed by the setback from the road.
Mr. Stirewalt said the house was built in 1976 and they would like to extend the house vertically by taking the roof off and adding another story. He said they are clear on the left
property line except for a wood stairway that protrudes. Mr. Stirewalt said they meet all the impervious requirements but the setback on the right side is about 1 foot and a few inches
into the 15 foot setback. He said they would like to build vertically straight up off the framing line and they are asking for a variance on the front yard deck setback on the right
side of the residence. He said the home was built pre-firm and has an enclosed and heated ground floor. Mr. Stirewalt also said the Broos have agreed to add flood vents, they have already
tiled below close to hurricane standards and they have rigid insulations in the wall in order to be in compliance with the Flood Ordinance. Mr. DeVita asked why a variance is needed
for this project. Mr. Stirewalt said it is because they are in violation of the Ordinance due to the one foot on the right. Mr. Devita asked if there would be an increase in the encroachment.
Mr. Stirewalt said by adding another story they are increasing the volume but not increasing outside the footprint. He said the house is non-conforming due to the setbacks and any renovations
would need to come before the Board. Mr. Stirewalt also said the Figure Eight Homeowners Association is presently looking into all the homes along that area because that 30-foot front
yard setback causes problems due to the parallel of the lots. 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 Decision 1. Jeffrey and Kaye Broos, 10 Sandy Point, Figure Eight Island, are requesting a variance
from the setback requirements of New Hanover County Zoning Ordinance, Section 51-2 for an addition and alterations at an existing residence. Property is zoned R-20S. Case No. ZBA-804
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.
3 THE SECOND CASE BEFORE THE BOARD WAS AS FOLLOWS: New Hanover County Airport Authority, 1740 Airport Boulevard, is requesting a variance from the maximum size restrictions of New Hanover
County Zoning Ordinance Section 94-4 (2) to erect a large wall sign on the airport terminal. The property is zoned A-I. Case No. 805 Mr. Furman called Mr. Still to give an overview of
the case. Mr. Still stated the New Hanover County Airport Authority is seeking a variance to place a wall sign on the southern wall of the building, facing Martin Luther King Parkway.
He said the Zoning Ordinance allows wall signs up to 20% of the building face, not to exceed 250 square fee total. Because of the viewing distance of approximately 3,100 feet, the Applicant
is asking for a wall sign exceeding the 250-square foot allowanand
(2) decorative logo at 288.84 square feet in area. He said the 20% coverage limit has not been exceeded. Mr. Still said the Applicant has submitted a letter and graphic depictions in
support of this request and all interested parties have been notified per the list of neighboring property owners provided by the Applicants. Mr. Furman called for those to speak on
granting the variance request to come forward to be sworn for testimony. He swore in Ms. Julie Wilsey. Ms. Wilsey stated that she is the Deputy Airport Director of the Wilmington Airport
and they would like to install a 10 ft letter sign with their logo. Ms. Wilsey said the airport is a big part of the community and because they land-lease from the County, they are a
county facility that is run by the Airport Authority. She said the airport terminal is a large 2-story facility, approximately 98,000 sq. ft and they want the airport to be visible from
Martin Luther King Parkway which is over 3,100 ft from that point. She said the nearest property owners are on the other side of Martin Luther King �
�adjacent property owners have been
notified of their proposed project. Ms. Wilsey said this project is something that will be attractive, would enhance the view from the parkway and would not cause a safety hazard for
navigation or vehicular traffic on the parkway. She said the sign would not be illuminated from within but will be washed with a floodlight on the side of the building. 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 Decision 1. New Hanover County Airport Authority, 1740 Airport Boulevard, is requesting a variance from the maximum size restrictions of New Hanover County Zoning Ordinance
Section 94-4 (2) to erect a large wall sign on the airport terminal. The property property is zoned A-I. Case No. 805 2. On a motion by Mr. Jones and seconded by Mr. Eckel the Board
voted unanimously to GRANT the variance request.
4 THE THIRD AND LAST CASE BEFORE THE BOARD WAS AS FOLLOWS: Rite Lite Signs, Myrtle Grove Village Shopping Center, Carolina Beach Road, is requesting a variance from the maximum size
restrictions of New Hanover County Zoning Ordinance Section 94-4 (2) to erect 566.22 sq. ft. wall signage for The Home Depot. The property is zoned B-2. Case No. ZBA-803 (Continued from
the March 27, 2007 meeting) Mr. Furman called Mr. Still to give an overview of the case. Mr. Still stated the Port City Limited Partnership owners of Myrtle Grove Shopping Center are
being represented by Rite Lite Signs Incorporated in this request. He said the applicants are requesting a variance from the maximum number of wall signs and square footage allowed by
the Zoning Ordinance Section 94-4 (2). He said this section limits the total number of wall signs to a total of five (5), not to exceed 20% of the wall area and a maximum of 250 square
feet each per occupancy. Mr. Still stated this is a large project which is still under construction and The Home Depot Store is the anchor tenant. Mr. Still said there will be other
stores located on out-paracels contiguous to the Home Depot site but out-parcels are not the subject of this variance request. He said the applicant states that due to the size of this
project and its building setbacks, the two hundred fifty square feet maximum severely limits the equal identification of the services available. It is further stated that the requested
signage will occupy 2.815% of the 20,118.24 square foot wall area. Mr. Still stated the applicant has broken down the number of signs and their respective square footage on the attachments
to the application. He said the applicants are requesting to increase the total permitted square footage from 250 square feet to 566.22 square feet, while maintaining the permissible
five (5) signs per occupancy. Mr. Furman called for those to speak on granting the variance request to come forward to be sworn for testimony. He swore in Mr. Roger Alan Brown. Mr. Brown
stated he is representing Rite Lite Signs. He first presented additional photographs in support of his case for the Board to view. He said Home Depot is 870 feet back from the road with
multiple out-parcels in front of their store and would need their typical 6-foot sign which does exceed the 250 sq. ft limit. He said they have 558 linear feet of store front and the
sign would not be seen because of building being 870 feet off of Carolina Beach Road. Mr. Brown said they are asking for 2.815 % of the 20, 118.24 sq. ft wall area. Mr. DeVita asked
if any signage would be on the roof. Mr. Brown said they plan to place a small flag sign on the road sign on Carolina Beach Road, a 6 ft monument sign and a small sign on Piner Road.
Mr. Jones asked if the sign would stay on 24 hours a day 7 days a week. Mr. Brown said they typically turn the sign off at between 10:00 PM 12:00 AM and back on at approximately 5:00
PM. He further said the sign would not be LED or neon and it will not be flashing. Mr. DeVita asked if this sign would be the same size as other Home Depot stores.
5 Mr. Brown said yes. He added that the Home Deport signs are usually 6 ft., 7 ft. or 9 ft. but they will have the smallest of their standard sized signs; the 6 ft. sign. Mr. Jones asked
if the building is a stand alone. Mr. Brown said yes, however the building is connected to the strip mall and is the last one on the end. Board Decision Rite Lite Signs, Myrtle Grove
Village Shopping Center, Carolina Beach Road, is requesting a variance from the maximum size restrictions of New Hanover County Zoning Ordinance Section 94-4 (2) to erect 566.22 sq.
ft. wall signage for The Home Depot. The property is zoned B-2. Case No. ZBA-803 (Continued from the March 27, 2007 meeting) On a motion by Mr. DeVita and seconded by Mr. Weldon the
Board voted unanimously to GRANT the variance request. Board Business Mr. Furman informed the Board the Mr. Lee will have the new leave policy procedures completed in a few days and
he is asking the Board members to review the current Zoning Board of Adjustment Procedures. There being no no further business before the Board, it was properly moved by Mr. Jones and
seconded by Mr. Weldon to adjourn the meeting. All ayes. Acting Executive Secretary Chairman