9.24.19 Agenda
September 24, 2019, 5:30 PM
I. Call Meeting to Order (Chairman Ray Bray)
II. Official Approval of August Minutes (currently in draft status)
August Member Attendees: Hank Adams, Cameron Moore, Mark Nabell, Brett Keeler,
Richard Kern
III. Regular Items of Business
1. Case ZBA-941 - Caliber Car Wash Wilmington, LLC, applicant and owner, is requesting
variances from the minimum front yard setback requirement per Section 52.2-4(2),
minimum side yard setback per Section 60.3, buffer strip width requirements per
Section 62.1-4(2), parking area screening requirements per Section 62.1-5(2)(D), and
street yard landscaping requirements per Section 62.1-10 of the New Hanover County
Zoning Ordinance. The property is located at 7032 Market Street, Wilmington, NC.
2. Case ZBA-942 - Mihaly Land Design, PLLC, applicant, on behalf of Chase & Dylan Mihaly,
LLC, property owner, is requesting variances from the side yard setback requirements
per Section 60.3 and the buffer strip width requirements per Section 62.1-4(2) of the
New Hanover County Zoning Ordinance. The property is located at 7031 Market Street,
Wilmington NC.
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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 Complex, 230 Government Center Drive, in the Lucie Harrell Conference Room,
Wilmington, NC, on Tuesday, August 27, 2019.
Members Present Members Absent
Hank Adams, Vice- Chairman Ray Bray, Chairman
Cameron Moore Kristin Freeman
Brett Keeler Joe Miller
Mark Nabell
Richard Kern
Ex Officio Members Present
Ken Vafier, Executive Secretary
Sharon Huffman, County Attorney
Linda Painter, Zoning Official
Ron Meredith, Current Planner
Denise Brown, Clerk
Vice-Chairman Hank Adams explained that the Zoning 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 Zoning Board also hears appeals of the County’s interpretation in enforcement
of the Zoning Ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior
Court.
Vice-Chairman Adams inquired as to corrections to the July 27, 2019 minutes.
Mr. Keeler made a motion to approve the July 27, 2019 minutes. Mr. Moore second the motion. The motion passed
unanimously.
CASE ZBA-940
Vice-Chairman Adams swore in County staff, Mr. Ken Vafier and Ms. Linda Painter.
Ms. Painter presented an overview of the request, stating the petitioner, Stroud Engineering, P.A., on behalf of Maritime
West Development, LLC property owner, is requesting two variances related to the landscaping with 5 or more parking
spaces or 2,500 square feet or more devoted to vehicular use. The street yard landscaping is required for new
construction of principal structures or expansions to existing structures, or whenever additional off-street parking is
required.
The property is located on US Highway 421, approximately 1-mile north of I-140 in the northern end of the county. The
property is zoned I-2, Heavy Industrial district. The applicant has provided a site plan which depicts an existing building
to the northeast of the subject site. The applicant is proposing an additional seven buildings for storage.
Ms. Painter stated The New Hanover County Zoning ordinance requires one three-inch tree to be planted along the street
right-of-way at every eighteen to be planted twenty-seven feet. The property has 863 linear feet of street frontage which
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requires 31 deciduous or evergreen trees. A private utility easement on the subject site limits the mature height of
plantings to 12 ft., which is a factor in obtaining the appropriate number of plantings for the project.
The front utility easement on the site only allows plantings of shallow root systems. Ms. Painter stated with the
referenced restrictions, the ability to adhere to the county’s landscape in vegetation planting requirements are limited.
The street yard landscaping requirement for this site is based on one tree for every 600 square feet of street yard area.
If under a power line, understory trees are allowed. However, there must be three plantings for every tree that is
required.
Ms. Painter stated the street yard factor for I-2 zoning district is 25 ft. and vegetation should be planted between 12-37.5
ft. along the front of the property. Ms. Painter stated the project dimensions total 833 linear ft. of street frontage. Using
the calculation for street yard area, 20, 825 sf is required.
Ms. Painter stated that the calculations affirmed the applicant would be required to provide 34.5 trees and 207.5 shrubs.
The calculations for the site would differ to the restrictions of planting with the presence of the easement and power lines
at the site.
The applicant is proposing to plant half of the required vegetation; 52 under story trees and 104 shrubs, along the
southern 2/3 of the property line. The northern side of the subject site has the CFPUA easement which requires shallow
rooting plants. The applicant proposes a three-foot berm with ornamental grass on the top, providing street yard
vegetation as an alternate to the required street yard plantings.
Ms. Painter presented an aerial photo of the subject site and adjacent area which consists of industrial businesses, signage
and multiple easements on the site with no visible significant trees.
Mr. Moore inquired as to the definition of an understory tree.
Ms. Painter stated an understory tree can be described as a crepe myrtle tree as opposed to an oak or maple tree.
Attorney Huffman stated in lieu of the applicant’s request it may be useful in deciding factors if the board solicited
testimony from the applicant and reference the four findings in the decision.
The Vice- Chairman then swore in Mr. Luke Menius, Mr. Scott Gerow and Mr. Will Leonard.
Mr. Luke Menius-Stroud Engineering, - Mr. Menius stated he proposed the site plan and based on the multiple constraints
at the subject site he request that the four findings listed on the submitted application be entered and reviewed by the
board as they decide on the variances request. Mr. Menius stated the plan was presented to accommodate fire services
as required by the state of NC. The property is located along Highway 421 and with the utility lines and easement it is
difficult for the applicant to adhere to county ordinance requirements as well as the landscape requirements. The many
easements on the site were granted by previous owners and cannot be relocated.
Mr. Menius stated the subject site is surrounded by heavy industrial uses and has multiple utility and sewer lines. With
the patchwork of easements that have been placed around the subject site it is difficult to adhere to the county’s
landscaping requirements as written. The easements and utility lines are not subject to relocation. The proposed
landscaping plan will provide an attractive street frontage with plantings and ground coverings along the entire length.
The landscaping internal to the project is consistent with the ordinance and will enhance the appearance of an existing
parking lot and structure located on the site.
Mr. Menius stated that substantial justice can be achieved by the implementation of this plan. Public health and safety
will be best served by fully utilizing this industrial site for which it is zoned; significant infrastructure has been installed.
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Newly constructed public water and sewer mains, a large existing driveway and an acceleration lane has been put in place
to the area designed to support the continued growth to this corridor.
Mr. Kern inquired as to the retention pond being a requirement.
Mr. Menius stated NCDEQ requires the infiltration retention pond due to its high density and anticipated stormwater.
Mr. Moore inquired as to the width of the site.
Mr. Menius stated they are providing the 25 ft. street yard width from the right-of-way to the back of the curb. The
plantings are proposed to be about 2/3 of the northern area of the site. There is a CFPUA easement at the site whereby
woody vegetation is not allowed within that easement area.
Mr. Moore inquired of the berm area and is a parking lot required in that area of placement.
Mr. Menius stated there are proposing a raised berm and approximately 2 ft. of ornamental grass to be planted at the
site to offset in the street yard landscaping frontage requirements at the subject site.
Ms. Painter stated that the west side of the subject site is a parking lot which is 50 ft. from the right- of- way.
Mr. Kern inquired of the proposed ornamental grass to the front being allowed.
Mr. Menius stated that to his knowledge, there is not an easement beyond the CFPUA easement although there may be
some fiber optic presence adjacent to the site. The proposed grass plantings will be installed away from the property line
to avoid easements and gas lines around the area to minimize additional digging at the site.
Mr. Vafier inquired if the 52 understory trees and 104 shrubs suggestion could be accommodated by the applicant. Mr.
Vafier stated that if the board decides to choose in favor of both variances to include specifics on the variance request
and street yard variance request for clarity.
Mr. Menius stated they are confident that they can plant the suggested vegetation referenced today at the site.
Mr. Moore inquired as to the proposed plantings at the site.
Mr. Menius stated there are restrictions on plantings, thus they are proposing crepe myrtles for low trees for the site.
Mr. Keeler inquired of the size requirements of the understory trees.
Mr. Menius stated the height of the proposed trees should not be taller than 6-8 ft. per county requirements.
PUBLIC HEARING CLOSED.
BOARD DISCUSSION:
Mr. Keeler stated he is typically not in favor of altering the landscaping requirements in granting variances, however this
site presents a unique corridor and long frontage area site.
Vice-Chairman Adams stated the fire lane requirements presents a hardship for the applicant.
Ms. Huffman suggested the board refer to page 1 presented in the staff summary in making their variance decision.
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Mr. Keller made a motion to approve the variance from the parking and plantings requirement per Section 62.1-5(2)(A) in
the street yard plantings requirements per Section 62.1-10(2)(A) of the New Hanover County Zoning ordinance with
conditions:
A. Approved variance from the parking lot perimeter to plant 32 deciduous or evergreen trees required per Section
62.1-5(2)(A) of the ordinance. The applicant will be required to plant ornamental greases on a raised berm in lieu
of the parking lot perimeter requirements.
B. A variance from the required 104 understory trees and 208 shrubs from the ordinance, that would be required to
satisfy the street yard landscaping requirements per Section 62.1-10(2)(A) of the New Hanover County Zoning
ordinance. The applicant plants 52 understory trees and 104 shrubs in order to provide half of the required street
yard plantings although this number is not based on being half.
Mr. Keller stated this motion is made in accordance with the four findings of fact and in agreement with the testimony
presented by the applicant.
The motion was unanimously approved.
All ayes to the motion presented.
OTHER BUSINESS:
Mr. Moore stated there may be a high number of cases on next month’s docket regarding tree standards and request
members continue in quorum for ongoing meetings.
BOARD DECISION:
On a motion by Mr. Brett Keeler and seconded by Mr. Cameron Moore, the board voted 5-0 to grant the variance at 4320
US Highway 421 North, Wilmington NC.
The Board's decision was based on the following conclusions and findings of fact:
1. It is the Board's conclusion that, if the applicant complies with the literal terms of the ordinance, specifically the
parking lot perimeter planting requirements in Section 62.1-5(2)(A) and the street yard planting requirements in
Section 62.1-10(2)(A) of the New Hanover County Zoning Ordinance, that an unnecessary hardship would result. This
conclusion is based on the following FINDINGS OF FACT:
The shifting of site improvements to accommodate the required plantings would provide inadequate area
for loading to support warehouse uses.
Required area for fire apparatus could not be provided if the site improvements were shifted further back
on the site.
2. It is the Board's conclusion that the hardship of which the applicant complains results from unique circumstances
related to the subject property, such as location, size, or topography. This conclusion is based on the following
FINDINGS OF FACT:
Pre-existing utilities underground, at grade and overhead to support industrial uses in this area of the
County, significantly encumbers the site frontage in those areas where required landscaping would
normally be planted.
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3. It is the Board's conclusion that the hardship did not result from actions taken by the applicant or the property owner.
This conclusion is based on the following FINDINGS OF FACT:
The easements were granted by a previous owner.
The current owner has no ability to amend the existing easements or relocate the utilities.
4. It is the Board's conclusion, that if granted, the variance will 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 FACTS OF FINDING:
The proposed landscaping will provide an attractive property frontage.
The proposed internal landscaping is in compliance with the Zoning Ordinance.
Public health and safety will be best served by fully utilizing this site with an approved use in the I-2 zoning
district.
MEETING ADJOURNED.
Please note the minutes are not a verbatim record of the proceedings.
_______________________________________ ______________________________
Executive Secretary Chairman
DATE: _______________
ZBA-941 Page 1 of 7
VARIANCE REQUEST
ZONING BOARD OF ADJUSTMENT
September 24, 2019
CASE: ZBA-941
PETITIONER: Caliber Car Wash Wilmington, LLC, applicant and property owner.
REQUEST: Variances from the minimum front yard setback requirement per Section 52.2-4(2), minimum side
yard setback per Section 52.2-4(3), buffer strip width requirements per Section 62.1-4(2), parking
area screening requirements per Section 62.1-5(2)(D), and street yard landscaping requirements
per Section 62.1-10 of the New Hanover County Zoning Ordinance.
LOCATION: 7032 Market Street
PID: R04409-003-027-000
ZONING: B-2, Highway Business District
ACREAGE: 0.79 acres
PETITIONER’S REQUEST:
Caliber Car Wash Wilmington, LLC, applicant and property owner, is requesting variances from multiple Zoning
Ordinance provisions related to landscaping and setback requirements in order to preserve several mature live
oak trees that exist on the site into the design for a self-service car wash:
(A) A variance of 13’ from the 50’ minimum front yard setback required per Section 52.2-4(2) of the
ordinance. The applicant is proposing to locate the building 37’ from the front property line, which is
approximately 4’ further from Market Street than the existing building.
(B) A variance of 47.83’ from the 59.13’ minimum side yard setback required per Section 52.2-4(3) of the
ordinance. The closest point of the building to the side yard on the northeastern property boundary
is 11.3’, due to a component of the wash facility which extends slightly further than the majority of
the building, which is proposed at 17’ from the northeastern property line.
(C) A average variance of approximately 17.37’ from the 29.57’ minimum required landscape buffer width
required on the northeastern boundary per Section 62.1-4(2) of the ordinance. The applicant intends
to retain the existing vegetation on this side, which contains 3 significant oak trees and one 22”
magnolia tree. The proposed buffer will average approximately 12.2’ and will be supplemented by a
6’ tall privacy fence.
(D) A variance of 1.5’ from the 5’ minimum parking area screening requirements per Section 62.1-5(2)(D)
of the ordinance.
(E) A variance to remove the minimum street yard planting requirements per Section 62.1-10 of the
ordinance. The applicant is proposing the installation of one row of 3’ tall shrubbery in order to
provide landscaping in the front of the site adjacent to Market Street.
The applicant contends that the variances are necessary in order to preserve several mature live oak trees which
exist on the site, as depicted on the submitted site plan.
ZBA-941 Page 2 of 7
BACKGROUND AND ORDINANCE CONSIDERATIONS:
The subject property consists of 0.79 acres located on the eastern side of Market Street and is zoned B-2, Highway
Business. Currently, there is an existing 3,289 sq. ft. restaurant located on the property. The applicant intends to
redevelop the site for use as a self-service car wash, and multiple variances are requested in order to address
design parameters that, if applied, would require the removal of several significant live oak trees on the site in
order to accommodate essential site improvements.
The county’s tree retention standards highly encourage the retention of old-growth native species into
development proposals. Certain trees are defined as being “significant” trees, and as such, are required to be
mitigated either by re-planting on site or by payment into a tree fund should they need to be removed in order to
accommodate essential site improvements. Significant trees are defined as any hardwood or coniferous tree with
a diameter at breast height of at least 24”, or any dogwood, American Holly, or other flowering tree with a
diameter at breast height of at least 8”.
When the applicable setbacks and buffer widths are applied to this site, the developable area is required to be
moved to the southern boundary of the site, which contains four significant live oak trees sized at 40”, 54”, and
two measuring 57”. In addition, there are three significant live oak trees sized at 27”, 28”, and 38” on the northern
boundary of the site along with a 22” magnolia tree. The applicant has designed a site plan that retains all of the
significant trees on site in accordance with the intent of the county’s tree retention standards, but variances from
multiple design parameters are necessary in order to do so.
Figure 1: Proposed site plan which retains all significant trees on site.
ZBA-941 Page 3 of 7
The front yard setback in the B-2 district is determined by the respective road frontage of the site. The applicable
language in the Zoning Ordinance in Section 52.2-4(2) requires a minimum 50’ front yard setback at this location
as Market Street is a US numbered highway:
52.2-4: Dimensional Requirements
(2) Minimum Front Yard - Fifty (50) feet along US and NC numbered highways and major
thoroughfares as designated by the Wilmington Area Thoroughfare Plan. Thirty-five (35)
feet along all other public highways or streets.
The current building lies approximately 33’ from the property line as a result of additional right-of-way recently
acquired by the NC Department of Transportation. The existing structure is considered legal non-conforming
and did meet the 50’ setback requirement at the time it was constructed. The proposed building will be set 37’
from the existing property line. Although a variance is requested from the 50’ minimum setback, the proposed
building will be 4’ feet further from Market Street than the existing structure.
Section 52.2-4(2) of the ordinance, which contains the dimensional requirements in the B-2 district, makes
reference to Section 60.3 to determine the applicable setback distances for side and rear yards:
Section 60.3: Setbacks
For the purposes of this Ordinance, setbacks shall not be required for nonresidential structures located
within Commercial, Office and Institutional and Industrial Districts that abut nonresidential uses in
Commercial, Office and Institutional and Industrial Districts. (12/17/2012)
Setbacks shall be measured from the structure. If a roof overhang extends more than two (2’) feet from
the structure, the setback shall be measured from the drip line of the roof. (12/17/2012)
The required minimum setbacks for structures located within Commercial, Office and Institutional and
Industrial Districts abutting residential uses and/or platted lots on residentially zoned property shall be
calculated from Table 60.3 utilizing the following formulas. Where the adjacent residential district is
occupied by non-residential uses, the minimum setback shall be twenty (20) feet. (5/4/98)
(1) Side yard Required setback
(2) (Building Height) x (Factor from Column B, Table 60.3)
(3) Rear yard Required setback
(4) (Building Height) x (Factor from Column D, Table 60.3)
(5) Reductions in setbacks
(6) The required setbacks may be reduced as specified in Section 62. In no case, however,
shall any side or rear yard setback be less than specified in Table 60.3 (3/9/88)
ZBA-941 Page 4 of 7
As the property to the northeast is zoned R-15, a side yard setback is required from this property line. Using the
proposed average building height of 21.5’ and the applicable side yard setback factor of 2.75 in the B-2 district,
the required setback from the northeastern property line is 59.13’. The applicant has proposed to shift the
building, drive aisles, and parking areas toward the northeastern side of the building in order to preserve the live
oak trees which lie further toward the center and southwestern boundary of the property.
In addition to the required side yard setback, applicable language from Section 62.1(4)(2) of the Zoning
Ordinance requires that a buffer strip of 50% of the setback be provided:
62.1-4: Additional Requirements for Berms and for Yards in which Buffers are Required
Buffer strips are designed to protect adjoining land uses, particularly residential, from the noise, heat,
dust, lights, threats to privacy, and aesthetic impacts from more intense land-uses. Buffer strips shall be
required along all property lines adjacent to a residential use or district, except where a reduced building
setback precludes placement of a buffer strip in situations where the adjoining property contains a
nonresidential use on residentially zoned property, such as a church or school. The more intense land use
shall be required to provide the buffer as part of its yard requirements. The following requirements shall
be met for buffer strips and the yards in which buffers are required:
(1) Location of buffer strips - Buffer strips shall be required to screen any non-residential use
from any residential use or district. Buffers strips shall also be required to screen the
below developments from the adjacent land uses, however, no buffer will be required for
high density detached lots provided lots equal or exceed 5000 square feet (10/7/91).
Buffer strips shall be required only along the perimeter boundary of an EDZD (3/1/10).
New Development of Subject Site Must Provide Buffer Strips From:
Attached residential
developments;
Mobile home parks;
High density developments; or
Planned developments.
Detached or duplex residential
structure;
Undeveloped residentially zoned
land within the General
Residential or Rural Residential
place types;
Platted residential lots; or
Proposed residential lots
included within an approved
and valid preliminary plat for a
major subdivision.
DISTRICT
SIDE YARD
SETBACK
FACTOR
MINIMUM SIDE
YARD SETBACK,
IN ALL CASES
REAR YARD
SETBACK
FACTOR
MINIMUM
REAR YARD
SETBACK, IN ALL
CASES
B-1 2.75 25’ 3.73 30’
B-2 2.75 30’ 3.73 35’
O&I 2.75 25’ 3.73 30’
I-1 3.08 35’ 4.33 40’
I-2 3.49 40’ 5.14 45’
A-I 3.08 35’ 4.33 40’
ZBA-941 Page 5 of 7
(2) Width of buffer strips - The buffers shall have a base width equal to at least 50% of the
required setback. In all cases the base of the buffer shall be equal to or greater than 20
feet. Where a utility easement occupies a portion of the buffer, sufficient buffer must be
provided outside the utility easement to meet the required opacity standards.
The applicant is proposing a minimum average buffer width of 13’ in order to shift the developed footprint of
the lot toward the northeastern boundary to preserve the live oak trees on site. In order to meet the intent of
the ordinance and provide a landscaped buffer, the applicant is able to retain the existing vegetation on this side
of the property, which consists of three significant oak trees sized at 27”, 28”, and 38” and one 22” magnolia
tree, which is just below the diameter at breast height to be considered significant. In addition, several large
oak, magnolia, and pine trees exist on the property to the northeast of the subject site. An existing 6’ privacy
fence will remain on the western half of this boundary, while it will be repositioned and reconstructed on the
eastern half.
The ordinance contains landscaping requirements for different features within a site’s parking lot, such as
interior landscaping, perimeter landscaping, and adjacent to street rights-of-way. Section 62.1-5(D)(2) requires
a 5’ wide screening area in instances where a planted buffer would not otherwise be required:
62.1-5: Additional Landscaping Requirements for Parking Lots
Landscaping is required for parking lots for the purposes of reducing aesthetic impacts of paving or
removing the natural vegetation from large areas; to reduce the noise, heat and dust associated with
parking lots; and other purposes as listed in Section 62.1-1.
(D) Parking Area Screening - When a parking facility is within fifty ft. of a right-of-way, if the
bufferyard provisions of this ordinance do not call for a planted buffer, a low buffer shall
be incorporated into the streetyard to provide protection from vehicle headlights within
the parking lot. The buffer shall consist of shrubbery, a grade change or planted berm or
any combination thereof that serves to shield traffic on the right-of-way from headlights
within the parking lot. The buffer shall be a minimum of three ft. in height and five ft. in
width and may be continuous and incorporated into a streetyard, provided the
streetyard is fifteen ft. or more in width. Depressions and curb cuts shall be allowed for
water quality protection.
In this instance, a planted buffer is required per Section 62.1-10 of the Zoning Ordinance in the form of street
yard landscaping. However, the applicant is requesting a variance to the street yard landscaping standards due
to the minimal distance between the drive aisle exiting the wash facility and the property line, as well as the
need to relocate the building to retain the stand of significant trees. Should the variance to the street yard
landscaping standards be approved, the ordinance would then require parking area screening per this section.
The applicant is able to provide a 3.5’ wide screen with 36” tall shrubbery, but not the minimum 5’ width
specified in this section.
As the applicant is only proposing a 3.5’ wide screening area adjacent to Market Street, a variance request to the
street yard landscaping standards has been requested:
ZBA-941 Page 6 of 7
62.1-10: Street Yard Landscaping
(1) A street yard, as defined herein, must be provided for new construction of principal structures or for
expansions to existing structures or used whenever additional off-street parking is required. However, no
street yard improvements shall be required for those portions of lot frontage used for driveways
constructed in accordance with County or State driveway regulations.
(2) It is intended that street yards be landscaped by meeting the following requirements:
(A) For every 600 sq. ft. of street yard area, the street yard shall contain:
One Canopy/Shade tree, (3"caliper) minimum or 3 understory story trees, six ft. in height,
only when overhead power lines exist above the street yard; and six shrubs, 12" in height at
planting.
(5) The Street yard area is calculated by:
Step One: Multiplying the designated street yard factor in accordance with the zoning designation of the
property by the linear street frontage of the property less the road fronting width of any access drives
within the street yard to determine the base street yard area;
Step Two: Subtracting the area of any walkways, sidewalks or other bicycle and pedestrian facilities, and
transit amenities from the base street yard area to get the total required street yard area.
The applicant may install the street yard in any configuration that provides the required amount of street
yard square footage between the property line and any site improvements. The maximum and minimum
widths as listed in the following table may not be exceeded in any portion of the street yard. (10/7/13)
When applying the formula specified above, using the designated street yard factor of 25 for the B-2 Zoning
District, the base street yard area 2,945 square feet:
117.78 Linear Feet of Frontage x 25 = 2,945 sq. ft.
When applying the number of canopy trees and shrubs specified in Section 62.1-10(2)(A), the required number
of plantings for this site are 5 canopy trees or 15 understory trees and 30 shrubs, all of which must be planted in
a width ranging from 12.5’ to 37.5’ along the street frontage. Due to the limited area between the property line
and front drive aisle, the applicant is proposing one row of 36” tall shrubs in lieu of the required number of
plantings in order to provide an area of landscaping adjacent to Market Street.
ZBA-941 Page 7 of 7
In summary, the applicant is requesting variances from the minimum front yard setback requirement per Section
52.2-4(2), minimum side yard setback per Section 52.2-4(3), buffer strip width requirements per Section 62.1-4(2),
parking area screening requirements per Section 62.1-5(2)(D), and street yard landscaping requirements per
Section 62.1-10 of the New Hanover County Zoning Ordinance.
BOARD OF ADJUSTMENT POWER AND DUTY:
The Board of Adjustment has the authority to authorize variances from the terms of the Zoning Ordinance where,
due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship. In
granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the
Zoning Ordinance. A concurring vote of four-fifths (4/5) of the voting members of the Board shall be necessary to
grant a variance. A variance shall not be granted by the Board unless and until the following findings are made:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary
to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the 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.
3. The hardship 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.
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
ACTION NEEDED (Choose one):
1. Motion to approve the variance request based on the findings of fact (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to deny the variance request based on specific negative findings in any of the 4 categories
above.
E 450 Feet
SUBJECT PROPERTY
ST. PAUL'SMISSIONARYBAPTIST CHURCH
LITTLE CAESARS
CARDINAL LANES
FABRIC SOLUTIONS
Zoning MapCase: ZBA-941
New Hanover County Zoning Board of Adjustment September 24, 2019
Address: 7032 Market StreetVariance request: Variances from the minimum front yard setback, minimum side yard setback, buffer strip width requirements, parking area screening requirements, and street yard landscaping Applicant and Owne: Caliber Car Wash Wilmington, LLC, r.
B-2
R-15
CITY
Zoning MapCase: ZBA-941
New Hanover County Zoning Board of Adjustment
SUBJECT PROPERTY
ST. PAUL'SMISSIONARYBAPTIST CHURCH
LITTLE CAESARS
CARDINAL LANES
FABRIC SOLUTIONS
September 24, 2019
Address: 7032 Market StreetVariance request: Variances from the minimum front yard setback, minimum side yard setback, buffer strip width requirements, parking area screening requirements, and street yard landscaping Applicant and Owne: Caliber Car Wash Wilmington, LLC, r.
E 450 Feet
MARKETE 450 Feet
SUBJECT PROPERTY
ST. PAUL'SMISSIONARYBAPTIST CHURCH
LITTLE CAESARS
CARDINAL LANES
FABRIC SOLUTIONS
Zoning MapCase: ZBA-941
New Hanover County Zoning Board of Adjustment September 24, 2019
Address: 7032 Market StreetVariance request: Variances from the minimum front yard setback, minimum side yard setback, buffer strip width requirements, parking area screening requirements, and street yard landscaping Applicant and Owne: Caliber Car Wash Wilmington, LLC, r.
ORDER TO GRANT/DENY A VARIANCE – Case ZBA-941
The Zoning Board of Adjustment for New Hanover County, having held a public hearing on September 24, 2019 to
consider application number ZBA-941, submitted by Caliber Car Wash Wilmington, LLC, applicant and property
owner, a request for a variance to use the property located at 7032 Market Street in a manner not permissible
under the literal terms of the ordinance regarding:
(A) A variance of 13’ from the 50’ minimum front yard setback required per Section 52.2-4(2) of the
ordinance;
(B) A variance of 47.83’ from the 59.13’ minimum side yard setback required per Section 52.2-4(3) of the
ordinance;
(C) A average variance of approximately 17.37’ from the 29.57’ minimum required landscape buffer width
required on the northeastern boundary per Section 62.1-4(2) of the ordinance;
(D) A variance of 1.5’ from the 5’ minimum parking area screening requirements per Section 62.1-5(2)(D)
of the ordinance;
(E) A variance to remove the minimum street yard planting requirements per Section 62.1-10 of the
ordinance.
Having heard all the evidence and arguments presented at the hearing, the Board 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 minimum front yard setback requirement per Section 52.2-4(2), minimum side yard
setback per Section 52.2-4(3), buffer strip width requirements per Section 62.1-4(2), parking area
screening requirements per Section 62.1-5(2)(D), and street yard landscaping requirements per Section
62.1-10 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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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 variances from the minimum front yard setback requirement per
Section 52.2-4(2), minimum side yard setback per Section 52.2-4(3), buffer strip width requirements per Section
62.1-4(2), parking area screening requirements per Section 62.1-5(2)(D), and street yard landscaping requirements
per Section 62.1-10 of the New Hanover County Zoning Ordinance be GRANTED/DENIED, subject to the following
conditions, if any:
ORDERED this 24th day of September, 2019.
____________________________________
Raymond Bray, Chairman
Attest:
____________________________________
Kenneth Vafier, Executive Secretary to the Board
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PRELIMINARY SITE PLAN
CP1
18115 7032 Market StMarket St Car WashPROJECTFORDATE
PROJECT NUMBER
REVISIONS
August 30, 2019Wilmington, NC 28411civilOGISTIX(404) 594-4403 - civilogistix.com500 SUN VALLEY DRIVE, STE H3, ROSWELL, GA 30076Caliber Capital309 E Paces Ferry Rd NEAtlanta, GA 30305SHEET TITLESHEET NUMBER
08-30-19
20 20 40 60 FEET
SCALE: 1" = 20'
0 N PRELIMINARY SITE PLAN
U.S. HWY 17/
MARKET STREET100' PUBLIC R/W
45 MPH SPEED LI
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'
N44°34'01"E
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29.52'
N64°26'56"W
25.64'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX32.9'
11.3'
21'
EXISTING CONDITIONS PLAN
C101
18115 7032 Market StMarket St Car WashPROJECTFORDATE
PROJECT NUMBER
REVISIONS
August 30, 2019Wilmington, NC 28411civilOGISTIX(404) 594-4403 - civilogistix.com500 SUN VALLEY DRIVE, STE H3, ROSWELL, GA 30076Caliber Capital309 E Paces Ferry Rd NEAtlanta, GA 30305SHEET TITLESHEET NUMBER
08-30-19
20 20 40 60 FEET
SCALE: 1" = 20'
0 N EXISTING CONDITIONS PLAN
ZBA-940 Page 1 of 5
VARIANCE REQUEST
ZONING BOARD OF ADJUSTMENT
September 24, 2019
CASE: ZBA-942
PETITIONER: Mihaly Land Design, PLLC, applicant, on behalf of Chase & Dylan Mihaly, LLC, property owner.
REQUEST: Variances from the side yard setback requirements per Section 60.3 and the buffer strip width
requirements per Section 62.1-4(2) of the New Hanover County Zoning Ordinance.
LOCATION: 7031 Market Street
PID: R04400-002-015-000
ZONING: R-15, Residential District
ACREAGE: 0.32 Acres
PETITIONER’S REQUEST:
Mihaly Land Design, PLLC, applicant, on behalf of Chase & Dylan Mihaly, LLC, property owner, is requesting two
variances related to setback and buffer width requirements in order to construct an office building on the site,
contingent upon the successful rezoning of the property to a Conditional B-2, Highway Business District. Currently,
the property is zoned R-15, Residential District. The applicant intends to file a rezoning application in conjunction
with this request in order to rezone the property in a conditional B-2 Highway Business, which would allow the
office building to be permitted. The applicant is proposing variances from two separate sections of the Zoning
Ordinance which would apply to the site should it be zoned (CZD) B-2:
(A) A 14.59’ variance from the 63.25’ minimum side yard setback required on the northeastern property
boundary per Section 60.3 of the ordinance.
(B) A 18.43’ variance from the 31.60’ minimum required landscape buffer per Section 62.1-4(2) of the
ordinance to allow parking and drive areas within the buffer. At the narrowest point, the applicant is
proposing a 13.17’ wide buffer consisting of 2 rows of wax myrtles in addition to a 6’ artificial fence
to provide a buffer to the adjacent property, with 6 parking spaces and a portion of the driveway
encroaching into the required buffer.
The applicant contends that the variance is necessary due to several factors, including: limited buildable area to
develop the site with a commercial use, the intent to preserve several mature live oak trees on site, and the
presence of a utility easement which traverses the southwestern portion of the parcel.
BACKGROUND AND ORDINANCE CONSIDERATIONS:
The subject property consists of 0.32 acres located on the western side of Market Street and is currently zoned R-
15 Residential District. The applicant intends to apply for a rezoning of the property to a conditional B-2, Highway
Business District, which would allow development of an office building on-site. The applicant is proposing a 2,000
square foot, 2-story office building on the site, which is currently undeveloped.
Should the property be rezoned and developed as a commercial site, the required setbacks for commercial uses
which abut residential uses or districts are addressed in Section 60.3 of the Zoning Ordinance:
ZBA-940 Page 2 of 5
Section 60.3: Setbacks
For the purposes of this Ordinance, setbacks shall not be required for nonresidential structures located
within Commercial, Office and Institutional and Industrial Districts that abut nonresidential uses in
Commercial, Office and Institutional and Industrial Districts. (12/17/2012)
Setbacks shall be measured from the structure. If a roof overhang extends more than two (2’) feet from
the structure, the setback shall be measured from the drip line of the roof. (12/17/2012)
The required minimum setbacks for structures located within Commercial, Office and Institutional and
Industrial Districts abutting residential uses and/or platted lots on residentially zoned property shall be
calculated from Table 60.3 utilizing the following formulas. Where the adjacent residential district is
occupied by non-residential uses, the minimum setback shall be twenty (20) feet. (5/4/98)
(1) Side yard Required setback
(2) (Building Height) x (Factor from Column B, Table 60.3)
(3) Rear yard Required setback
(4) (Building Height) x (Factor from Column D, Table 60.3)
(5) Reductions in setbacks
(6) The required setbacks may be reduced as specified in Section 62. In no case, however, shall
any side or rear yard setback be less than specified in Table 60.3 (3/9/88)
With a rezoning of the property to (CZD) B-2, setbacks would be required on the northeast and northwest
boundaries of the property, adjacent to residential districts or uses. Using the proposed building height of 23’
and the applicable setback factor of 2.75 in the B-2 district, the required side yard setback from the
northeastern property line would be 63.25’. The applicant has proposed a site plan that locates the proposed
building 48.66’ from this property line, but it cannot be moved any further due to the acreage of the lot and the
presence of a Duke Energy easement on the southwestern portion of the site. Thus, the applicant is requesting
a variance of 14.59’ feet from the required side yard setback on the northwest side.
DISTRICT
SIDE YARD
SETBACK
FACTOR
MINIMUM SIDE
YARD SETBACK,
IN ALL CASES
REAR YARD
SETBACK
FACTOR
MINIMUM
REAR YARD
SETBACK, IN ALL
CASES
B-1 2.75 25’ 3.73 30’
B-2 2.75 30’ 3.73 35’
O&I 2.75 25’ 3.73 30’
I-1 3.08 35’ 4.33 40’
I-2 3.49 40’ 5.14 45’
A-I 3.08 35’ 4.33 40’
ZBA-940 Page 3 of 5
Figure 1: With a proposed (CZD) B-2 district on the subject site, setbacks and buffers are required on boundaries adjacent to residential
districts or uses.
Additionally, applicable language from Section 62.1(4)(2) of the Zoning Ordinance requires that a buffer strip of
50% of the setback be provided:
62.1-4: Additional Requirements for Berms and for Yards in which Buffers are Required
Buffer strips are designed to protect adjoining land uses, particularly residential, from the noise, heat,
dust, lights, threats to privacy, and aesthetic impacts from more intense land-uses. Buffer strips shall be
required along all property lines adjacent to a residential use or district, except where a reduced building
setback precludes placement of a buffer strip in situations where the adjoining property contains a
nonresidential use on residentially zoned property, such as a church or school. The more intense land use
shall be required to provide the buffer as part of its yard requirements. The following requirements shall
be met for buffer strips and the yards in which buffers are required:
(1) Location of buffer strips - Buffer strips shall be required to screen any non-residential use
from any residential use or district. Buffers strips shall also be required to screen the
below developments from the adjacent land uses, however, no buffer will be required for
high density detached lots provided lots equal or exceed 5000 square feet (10/7/91).
Buffer strips shall be required only along the perimeter boundary of an EDZD (3/1/10).
New Development of Subject Site Must Provide Buffer Strips From:
Attached residential developments;
Mobile home parks;
High density developments; or
Planned developments.
Detached or duplex residential
structure;
Undeveloped residentially zoned land
within the General Residential or
Rural Residential place types;
Platted residential lots; or
Proposed residential lots included
within an approved and valid
preliminary plat for a major
subdivision.
Proposed Zoning:
(CZD) B-2
Setbacks and Buffer
Strips Required
Approximate Location
of Duke Power
Easement
ZBA-940 Page 4 of 5
(2) Width of buffer strips - The buffers shall have a base width equal to at least 50% of the
required setback. In all cases the base of the buffer shall be equal to or greater than 20
feet. Where a utility easement occupies a portion of the buffer, sufficient buffer must be
provided outside the utility easement to meet the required opacity standards.
When applying the ordinance language from this section, the minimum buffer width on the northeastern
boundary would 31.63’. The proposed site plan shows this area largely reserved from development with the
exception of 6 parking spaces and a portion of the entry drive which encroach into the buffer. The applicant is
providing 2 rows of wax myrtles in addition to a 6’ artificial fence to meet the intent of the buffer requirements.
Figure 2: Proposed site plan.
If rezoned to a (CZD) B-2 district, the applicant contends that difficulties arise in designing a commercial
development on the site due to the setbacks required from residential uses or districts, and that the current zoning
of this lot is no longer the most appropriate district at this location. The required setback and buffer width on the
northeast side of the property results in a limited buildable envelope, which is exacerbated by the presence of the
Duke Energy easement on the southwestern side. The applicant also contends that the variances are necessary
to incorporate the existing 24”, 30”, and 34” oak trees on the northern side of the property as well as the two 32”
and 38” oak trees on the southern corner of the property into the site design.
In summary, the applicant is requesting variances from the parking lot perimeter planting requirements detailed
in Section 62.5-(2)(A) of the Zoning Ordinance. In addition, the petitioner is also requesting a variance from the
street yard planting requirements in order to plant half of the required understory trees and shrubs as required
in Section 62.1-10(2)(A).
Duke Power
Easement
Significant
Oak Trees
ZBA-940 Page 5 of 5
BOARD OF ADJUSTMENT POWER AND DUTY:
The Board of Adjustment has the authority to authorize variances from the terms of the Zoning Ordinance where,
due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship. In
granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the
Zoning Ordinance. A concurring vote of four-fifths (4/5) of the voting members of the Board shall be necessary to
grant a variance. A variance shall not be granted by the Board unless and until the following findings are made:
1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary
to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the 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.
3. The hardship 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.
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
ACTION NEEDED (Choose one):
1. Motion to approve the variance request based on the findings of fact (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to deny the variance request based on specific negative findings in any of the 4 categories
above.
Vicinity Map
E 450 Feet
September 24, 2019
Case: ZBA-942
New Hanover County Zoning Board of Adjustment
Address: 7031 Market StreetVariance request: Variances from the side yard setback and buffer stripwidth requirements Applicant: Mihaly Land Design, PLLC. Owner: Chase & Dylan Mihaly, LLC
SUBJECT PROPERTY
ST. PAUL'SMISSIONARYBAPTIST CHURCH
ISLANDS GRILL
LITTLE CAESARS
CARDINAL LANES
FABRIC SOLUTIONS
B-2
R-15
CITY
Zoning MapCase: ZBA-942
New Hanover County Zoning Board of Adjustment
SUBJECT PROPERTY
ST. PAUL'SMISSIONARYBAPTIST CHURCH
ISLANDS GRILL
LITTLE CAESARS
CARDINAL LANES
FABRIC SOLUTIONS
September 24, 2019
Address: 7031 Market StreetVariance request: Variances from the side yard setback and buffer stripwidth requirements Applicant: Mihaly Land Design, PLLC. Owner: Chase & Dylan Mihaly, LLC
E 450 Feet
MARKETCase: ZBA-942
New Hanover County Zoning Board of Adjustment
Aerial Map
E 450 Feet
September 24, 2019
SUBJECT PROPERTY
ST. PAUL'SMISSIONARYBAPTIST CHURCH
ISLANDS GRILL
LITTLE CAESARS
CARDINAL LANES
FABRIC SOLUTIONS
Case: ZBA-942
New Hanover County Zoning Board of Adjustment
Address: 7031 Market StreetVariance request: Variances from the side yard setback and buffer stripwidth requirements Applicant: Mihaly Land Design, PLLC. Owner: Chase & Dylan Mihaly, LLC
ORDER TO GRANT/DENY A VARIANCE – Case ZBA-942
The Zoning Board of Adjustment for New Hanover County, having held a public hearing on September 24, 2019 to
consider application number ZBA-942, submitted by Mihaly Land Design, PLLC, applicant, on behalf of Chase &
Dylan Mihaly, LLC, property owner, a request for a variance to use the property located at 7031 Market Street in a
manner not permissible under the literal terms of the ordinance regarding:
(A) A 14.59’ variance from the 63.25’ minimum side yard setback required on the northeastern property
boundary per Section 60.3 of the ordinance;
(B) A 18.43’ variance from the 31.60’ minimum required landscape buffer per Section 62.1-4(2) of the
ordinance to allow parking and drive areas within the buffer.
Having heard all the evidence and arguments presented at the hearing, the Board 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 side yard setback requirements per Section 60.3 and the buffer strip width requirements
per Section 62.1-4(2) 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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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:
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
_______________________________________________________________________.
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 variances from the side yard setback requirements per Section 60.3
and the buffer strip width requirements per Section 62.1-4(2) of the New Hanover County Zoning Ordinance be
GRANTED/DENIED, subject to the following conditions, if any:
ORDERED this 24th day of September, 2019.
____________________________________
Raymond Bray, Chairman
Attest:
____________________________________
Kenneth Vafier, Executive Secretary to the Board
15'-0"DUKE POWEREASEMENT13'-2"48'-8"24'-0"13'-2"18'-3"13'-0"5'-0"8'-6"8'-6"
TYP.18'-0" TYP30 OAK24 OAK34 OAK24 PINE22 OAK32 OAK32 OAK38 OAKS47°00'00"E (BASE BEARING)187.76'N43°47'41"ES47°00'00"E18.15' (TIE)N47°24'19"E59.49' (TIE)SFIBER OPTIC CABLEUGGUGGUGGUGGOHPGUYOHP OHP
CPUMPHOUSEN53°50'54"W195.46'N47°33'40"E91.69'DEPARTMENT OF TRANSPORTATION(DB 5993 PG 844 & DB 6162 PG 628)S43°49'40"W11.15'21.95'RIGHT OF WAY TO RUTH AVENUE50.0'GUYPOLE TO BEABANDONEDGUY15'-0"DUKE POWEREASEMENT16'-0
"
6'-0"TEMPORARYDUKE POWERCONSTRUCTIONEASEMENT
1314REGIS T E RED LANDSCAPE ARCHITECTX N
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LYRevisions MIHALYLAND DESIGNPLANNING + LANDSCAPE ARCHITECTURE330 MILITARY CUTOFF RD., Suite A3Wilmington, NC 28405 910.392.4355of sheetsJob Number:Phase:Date:Checked by: Drawn by:Designed by:Sheet Title:Sheet Number:PROJECT
7031 MARKET STREET
7031 MARKET STREET
WILMINGTON, NC2019-08-30101-5101CONSTRUCTIONDOCUMENTREVIEW SETADDRESS7031 MARKET STREETPARCEL ID:R04400-002-015-000PROPOSED USE:OFFICEPROPOSED ZONING:B2EXISTING ZONINGR-15EXISTING LAND USE:VACANT LOTPARCEL AREA:.34 ACRES (14,810 SF)CAMAURBAN MIXED USEOWNER:CHASE & DYLAN MIHALY LLCNUMBER OF BUILDINGS:1HEIGHT OF BUILDING:23'-0"0SCALE: feet2040601" = 20'N O R T HSITE PLAN/VARIANCEAPPLICATIONMLDALMJWML1.0SITE DATABULK REQUIREMENTSREQUIREDPROVIDEDMAX. FAR40%7%MIN. FRONT SETBACK 50'59'MIN. REAR SETBACK85.79'89'MIN. INTERIOR SIDE SETBACKNORTH SIDE SETBACK63.25'48.67' *(23' x 2.75)SOUTH SIDE SETBACK0'0'(0' x 2.75)MAX. BUILDING HEIGHT40'23'SIDEYARD BUFFERNORTH SIDEYARD BUFFER (23' x 2.75') / 231.6'13.17'*REARYARD BUFFER (23' x 3.73') / 242.9'42.9'(*) = VARIANCE REQUESTEDOFF-STREET PARKING REQUIREMENTSREQUIREDPROVIDEDOFFICE:MIN: 1/400 SF GFA(2,160 SF/400)69 HANDICAP PARKING (1/25 SPOTS): 11TOTAL:710SYMBOL LEGENDPROPOSED GRAVEL PARKING AREAPROPOSED CONCRETE PAVINGPROPOSED 6' HIGH FENCEEXISTING OVERHEADPOWER LINESEXISTING POWER POLES6' HIGH ARTIFICAL FENCE WITH(2) ROWS OF 36" HIGH WAX MYRTLEACHIEVING 50% VISUAL OPACITY OFFENCENC DOT PRELIMINARY APPROVEDDRIVEWAY LOCATIONEXISTING TREES, TO REMAIN