HomeMy WebLinkAbout4. SIGNED BOA-966 ORDERNEW HANOVER COUNTY
BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, LUCIE HARRELL CONFERENCE ROOM WILMINGTON NC 28403
MEMBERS OF THE BOARD
Cameron Moore, Chair I Kristin Freeman, Vice -Chair
Henry "Hank" Adams j Maverick Pate I Luke Waddell
BOARD ALTERNATES
Michael Keenan Sr. I Richard Kern I William Mitchell
Rebekah Roth, Director of Planning & Land Use I Sharon Huffman, Deputy County Attorney
ORDER TO GRANT A VARIANCE — Case BOA-966
The Board of Adjustment for New Hanover County, having held a public hearing on May 24th, 2022 to consider application
number BOA-966, submitted by Andrew Weiss, applicant, on behalf of New Hanover County Airport Authority, property
owner, requesting a variance of 65' from the 35' structure height maximum allowance per Section 3.4.9, and from the
maximum height requirement per Section 5.10 of the New Hanover County Unified Development Ordinance to use the
property located at 1724 Gardner Drive on a 4.69 acre portion of the 1,338.95-acre tract (PID: R04200-001-025-000) 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 a
variance of 65' from the 35' maximum height allowance per Section 3.4.9, and from the maximum height
allowance per Section 5.10 of the New Hanover County Unified Development Ordinance, that an unnecessary
hardship would result. This conclusion is based on the following FINDINGS OF FACT:
• The hardship is inherent in the proposed use within ILM Business Park.
• Without a height variance, there can be no economically feasible hotel on the ILM campus.
• NHC will miss out on a $40 million investment in the local economy, 125 permanent jobs, tax
revenue, and significant economic growth multiplier effects for entire region.
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:
• ILM is the one and only international airport serving NHC.
• Airports have different/unique height considerations.
• FAA review and oversight of property is required.
• A unique variance procedure under Chapter 63 of the General Statutes and UDO is present.
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 applicant does not have control over the existing FAA requirements and regulations.
The NHC Airport Authority and NHC must work within and subject to all applicable FAA regulations
for any proposed construction at ILM.
Unique land use and safety issues are found only within airports and accompanying airport property
and business parks.
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 FINDINGS OF FACT:
• The request is entirely consistent with NHC Comprehensive Plan and Commerce Zone place type.
• The request is entirely consistent with the intent of the variance procedure in Statute and UDO.
• The request greatly supports the economic success of ILM Airport and the entire region.
• The request is opportunity to achieve long-term goal of the NHC Airport Authority.
• It is a requirement of FAA to have ultimate review authority to ensure public safety is secured and
substantial justice is achieved.
Additional findings for variances from Airport Height Restrictions:
1. A literal application or enforcement of the regulations will result in unnecessary hardship:
Without a height variance, there can be no economically feasible hotel on the ILM campus..
2. The relief granted, will not be contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the spirit of this Ordinance:
It is a requirement of FAA to have ultimate review authority to ensure public safety is secured and
substantial justice is achieved.
THEREFORE,. on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE from New Hanover
County Unified Development Ordinance to allow a variance of 65' from the 35' maximum height allowance per Section
3.4.9, and from the maximum height allowance per Section 5.10 of the UDO be GRANTED, subject to the following
conditions, if any:
The variance is subject to a finding of no hazard by the FAA as part of the 7460 process.
ORD D,thIs day of May, 2022.
4
Cameron Moore, Chairman
Attest:
Kenneth Vafier, Executive Secretary to the Board