Application and Supporting Documents1. Unnecessary hardship would result from 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.
The 75’ setback from the Coastal Wetland Line restricts the usable property. The home is
well outside of the 75’ setback and the pool would only partially be in the 75’ setback.
Application of the 75’ setback only allows for a narrow buildable area behind the home
which is of consistent size and placement of other homes in the neighborhood.
2. The hardship results from conditions that are peculiar to the property, such as
location, size or topography. Hardship resulting from personal circumstances, as well as
hardships resulting from conditions that area common to the neighborhood or general
public, may not be the basis for granting a variance.
The Coastal Wetland Line crosses the property at an angle and reduces the parcels build-
able area. The lot is situated on a curved road and cul-de-sac which also creates angled
frontage. The setbacks and easements located on the property only allowed for a small
percentage of the property to be built upon and the property owner applied for a CAMA
major permit to install a tiered bulkhead as well as a CAMA minor permit for the
residence, driveway, and landscaping. CAMA approved both permit requests.
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.
The hardship is not a result of actions taken by the applicant or the property owner. The
developer of the neighborhood created the lot configuration and size.
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.
The requested variance is consistent with the spirit, purpose and intent of the ordinance.
The New Hanover County UDO, Section 5.7 – Conservation Resources states the
purpose is to protect important environmental resources in the county. This variance
request protects the environmental resources as demonstrated by the approved CAMA
permits. In addition, public safety and substantial justice are achieved.
09/14
Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for
the case at the public hearing.
The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent
for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or
an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby
authorized to, on behalf of the property owner:
1. Submit a proper petition and the required supplemental information and materials
2. Appeal at public meetings to give representation and commitments on behalf of the property owner
3. Act on the property owner’s behalf without limitations with regard to any and all things directly or
indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning
Ordinance.
Agent Information Property Owner(s) Subject Property
Name Owner Name Address
Company Owner Name 2 City, State, Zip
Address Address Parcel ID
City, State, Zip City, State, Zip
Phone Phone
Email Email
Application Tracking Information (Staff Only)
Case Number Reference: Date/Time received: Received by:
This document was willfully executed on the __________ day of November, 2023.
_______________________________________ __________________________________________
Owner 1 Signature Owner 2 Signature
NEW HANOVER COUNTY
PLANNING & LAND USE
AUTHORITY FOR
APPOINTMENT OF AGENT
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhcgov.com
Print Form
Amy C. Schaefer
Lee Kaess, PLLC
5916 Nautical IsleLarry Alderson
Mary Alderson Wilmington, NC 28409
P.O. Box 4548
Wilmington, NC 28406
5333 Leisure Circle R07600-003-167-000
Wilmington, NC 28409
910.399.3447 910.512.6886
amy@leekaess.com larry@bwwnc.com
DocuSign Envelope ID: C85CD1B1-CD90-47BA-B454-3414A9068F97DocuSign Envelope ID: 000EECAF-C8FF-464E-BF1B-9D1E389FDE80