ZBA-927 Order DRAFT
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, LUCIE HARRELL CONFERENCE ROOM #601
WILMINGTON, NORTH CAROLINA 28403
Raymond Bray, Chair Henry “Hank” Adams, Vice Chair
Joe Miller, 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-927
The Zoning Board of Adjustment for New Hanover County, having held a public hearing on May 22, 2018 to
consider application number ZBA-927, submitted by Trinity Express Development, LLC, applicant, on behalf
of Hasi Burns, property owner, a request for a variance to use the property located at 812 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 25’ building setbacks required per Section 55.4-3 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 25’ building setbacks required per
Section 55.4-3 of the New Hanover County Zoning Ordinance be GRANTED/DENIED, subject to the following
conditions, if any:
ORDERED this 22th day of May, 2018.
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Raymond Bray, Chairman
Attest:
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Benjamin Andrea, Executive Secretary to the Board