ZBA-923 Order DRAFT
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, LUCIE HARRELL CONFERENCE ROOM #601
WILMINGTON, NORTH CAROLINA 28403
Joe Miller, Board Member Henry “Hank” Adams, Board Member
Raymond Bray, Board Member Cameron Moore, Board Member Mark Nabell, Board Member
Kristin Freeman, Alternate Brett Keeler, Alternate Richard Kern, Alternate
Wayne Clark, Planning & Land Use, Director – Sharon Huffman, Deputy County Attorney
ORDER TO GRANT/DENY A VARIANCE – Case ZBA-923
The Zoning Board of Adjustment for New Hanover County, having held a public hearing on January 23, 2018
to consider application number ZBA-923, submitted by Healing Hands Chiro Prak Tik LLC, applicant and
property owner, a request for a variance to use the property located at 7649 Market Street in a manner not
permissible under the literal terms of the ordinance and having heard all the evidence and arguments
presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS:
1. It is the Board’s conclusion that, if the applicant complies with the literal terms of the ordinance,
specifically the 50’ parking area setback requirement per Section 55.4-3(4) of the New Hanover
County Zoning Ordinance, that an unnecessary hardship would result/would not result. (It shall
not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be
made of the property.) This conclusion is based on the following FINDINGS OF FACT:
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2. It is the Board’s conclusion that the hardship of which the applicant complains results/does not
result from unique circumstances related to the subject property, such as location, size, or
topography. (Hardships resulting from personal circumstances, as well as hardships resulting from
conditions that are common to the neighborhood or the general public, may not be the basis for
granting a variance.) This conclusion is based on the following FINDINGS OF FACT:
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3. It is the Board’s conclusion that the hardship did/did not result from actions taken by the applicant
or the property owner. (The act of purchasing property with knowledge that circumstances exist
that may justify the granting of a variance shall not be regarded as a self-created hardship.) This
conclusion is based on the following FINDINGS OF FACT:
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4. It is the Board’s conclusion that, if granted, the variance will/will not be consistent with the spirit,
purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is
achieved. This conclusion is based on the following FINDINGS OF FACT:
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THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE from New
Hanover County Zoning Ordinance to allow a ____’ variance from the 50’ parking area setback requirement
per Section 55.4-3(4) of the New Hanover County Zoning Ordinance be GRANTED/DENIED, subject to the
following conditions, if any:
ORDERED this 23rd day of January, 2018.
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Chairman
Attest:
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Benjamin Andrea, Executive Secretary to the Board