HomeMy WebLinkAboutS25-02 Denial Order - SignedSUP Book IV Page 10
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO DENY A SPECIAL USE PERMIT
Additional Dwelling Allowance in an R-15, Residential Zoning District
S25-02 — Tarin Woods Additional Dwelling Allowance
The County Commissioners for New Hanover County (hereinafter "County Commissioners"),
having held a public hearing on the 2nd day of June, 2025, to consider application number S25-02
submitted by applicant Attorney Samuel Potter with Equitas Law Partners, LLP, on behalf of
property owner Hoosier Daddy, LLC, for a special use permit for an Additional Dwelling Allowance
for additional density up to 10.2 dwelling units per acre in a R-15, Residential district on
approximately 43.50 acres located at 5741 Carolina Beach Road, and having heard all of the
evidence and arguments presented at the hearing, the County Commissioners make the
following CONCLUSIONS OF LAW:
1. That the proposed use DOES NOT satisfy the second general requirement listed in the
New Hanover County Unified Development Ordinance (hereinafter "UDO"); namely that
the use meets all required conditions and specifications of the UDO due to the following
FINDINGS OF FACT:
a. Section 3.2.8.D states the maximum building height in the R-15 district is 40 feet.
The maximum building height may go up to 44 feet for structures elevated on
open foundations consisting of piers, posts, columns or piles. Building 46 on the
concept plan is proposed at 50 feet tall, exceeding the maximum height allowed
in the R-15 district.
b. Section 3.1.3.E.2.b states the development shall have direct access to and from an
existing major or minor arterial as indicated on the most recent officially adopted
Wilmington MPO Functional Classification Map. This direct access requirement
will be satisfied if one or more property boundary lines is contiguous with and
utilizes access to and from an existing major or minor arterial, or the development
accesses an existing major or minor arterial roadway by a NCDOT-maintained
public street, or by a private street designed and constructed in accordance with
the County's minimum standards for a collector road. There was not sufficient
evidence presented to determine if Rosa Parks Land complies with the County's
access requirements.
2. That all of the specific requirements set forth in Section 10.3.5.D of the LIDO WILL NOT
be satisfied if the property is developed in accordance with the plans submitted and the
evidence in the record.
3. That the inability to meet one of the four requirements under Section 10.3.5.D means the
project must be denied. The County Commissioners, having made the FINDINGS OF FACT
and CONCLUSIONS OF LAW that the applicant's project was not supported by competent,
material, and substantial evidence showing that this project meets all required conditions
and specifications of the UDO, and understanding that failing to meet one required
condition means the project is denied, did not move forward to consider the other three
requirements.
Wherefore, all of the general and specific conditions precedent to the issuance of a special use
permit HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a special
use permit be DENIED.
Ordered the 2,d day of June, 2025.
Signed and entered this the 16th day of June, 2025.
LeAnn Pierce, Vice -Chair
Attest:
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Kym owell, Clerk to the Board