ZBA-947 Order DRAFT
NEW HANOVER COUNTY
BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, LUCIE HARRELL CONFERENCE ROOM
WILMINGTON, NORTH CAROLINA 28403
MEMBERS OF THE BOARD
Raymond Bray, Chairman Henry “Hank” Adams, Vice-Chair
Kristin Freeman Cameron Moore Mark Nabell
BOARD ALTERNATES
Pete DeVita Richard Kern Michael Keenan, Sr.
Wayne Clark, Director of Planning & Land Use Sharon Huffman, Deputy County Attorney
ORDER TO GRANT/DENY A VARIANCE – Case ZBA-947
The Zoning Board of Adjustment for New Hanover County, having held a public hearing on December 10,
2019 to consider application number ZBA-947, submitted by Myron Smith, Jr., Thomas Oliver, and
Marybeth Lengyel, applicants and property owners, a request for a variance to use the properties
located at 4245 and 4285 Buck Drive 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 structures to have access requirements in Section 61.2-1 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 structures to have access
requirements in Section 61.2-1 of the New Hanover County Zoning Ordinance be GRANTED/DENIED,
subject to the following conditions, if any:
ORDERED this 10th day of December, 2019.
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Henry Adams, Vice-Chairman
Attest:
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Kenneth Vafier, Executive Secretary to the Board