HomeMy WebLinkAbout3.24.26 Agenda PacketMarch 24, 2026, 5:30 PM
I.Call Meeting to Order
II. Adoption of February 24, 2026 Minutes
(Attendees at February Meeting – Chair Caleb Rash, Vice Chair Greg Uhl, Will Daube,
Jason Holland, Laura King, Kelly Roberts, Michael Sanclimenti)
II.Old Items of Business
Case BOA-1001 – Blair Deen, applicant, on behalf of Novant Health, property owner,
is requesting a variance from the maximum sign area and maximum height
requirements for freestanding signs from Section 5.6.2.B of the New Hanover
County Unified Development Ordinance. This property is zoned O & I, Office and
Institutional and is located at 151 Scotts Hill Medical Drive. This item was continued
from the February 24, 2026 meeting.
IV. Regular Items of Business
Case BOA-1002 – Lee A. and Mildred E. Hershner, applicants and property owners,
are requesting a variance from the minimum street side yard
setback requirement from Section 3.2.9.D.3 of the New Hanover County Unified
Development Ordinance. The property is zoned R-10, Residential and is located at
131 Springhill Road.
V. Other Business
Updated Rules of Procedure
VI. Adjourn
MEMBERS OF THE BOARD
Caleb Rash Chair | Greg Uhl Vice-Chair
Will Daube | Laura King |Michael Sanclimenti
BOARD ALTERNATES
Jason Holland | Kelly Roberts | Jeff Turpin
Rebekah Roth, Director of Planning & Land Use | Karen Richards, Deputy County Attorney
NEW HANOVER COUNTY
BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, CONFERENCE ROOM 139, WILMINGTON, NC 28403
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment held a regular and duly advertised
meeting at 5:30 PM at the New Hanover County Government Center Complex, 230
Government Center Drive, Conference Room 139, in Wilmington, NC on Tuesday
February 24, 2026.
Members Present
Caleb Rash, Chair
Greg Uhl, Vice Chair
Will Daube
Laura King
Michael Sanclimenti
Present, not serving
Kelly Roberts
Jason Holland
Members Absent
Jeff Turpin
Ex Officio Members Present
Robert Farrell, Development Review Supervisor
Karen Richards, Deputy County Attorney
Ryan Beil, Development Review Planner
Lisa Maes, Administrative Supervisor
Shauna Bradley, Administrative Specialist
The meeting was called to order at 5:40PM by Chair Caleb Rash.
Chair Rash welcomed two new alternate members Jeff Turpin and Kelly Roberts.
Chair Rash called for a motion to accept the December 9, 2025, meeting minutes as
written. Mr. Uhl motioned to approve the meeting minutes, and the motion was
seconded by Ms. King. The minutes were adopted with a 5-0 vote.
Mr. Uhl motioned for continuance due to applicant not in attendance due to a
scheduling error. Mr. Sanclimente seconded the motion. The motion passed with a
5-0 vote.
The Board voted to move the case to March 24th’s meeting. The motion passed with
a 5-0 vote.
Mr. Uhl moved to adjourn. Mr. Daube seconded.
The meeting was adjourned at 5:55PM.
_____________________
Chair
_____________________
Executive Secretary
_____________________
Date
BOA-1001 Page 1 of 6
VARIANCE REQUEST
BOARD OF ADJUSTMENT
March 24, 2026
CASE: BOA-1001
PETITIONER: Blair Deen, applicant, on behalf of Novant Health, property owner.
REQUEST: Variance from the maximum sign area and maximum height requirements for freestanding
signs per Section 5.6.2.B of the New Hanover County Unified Development Ordinance
(UDO).
LOCATION: 151 Scotts Hill Medical Drive
R02900002-067-000
ZONING: O&I, Office and Institutional District
ACREAGE: 26.94 Acres
BACKGROUND AND ORDINANCE CONSIDERATIONS:
This variance is sought to allow an increase in sign area for two exempt freestanding signs located on the
Novant Health Scotts Hill Medical Campus, and an increase in sign height in one of those signs. The general
provisions for signs allow for an exemption to obtaining a sign permit for freestanding signs under certain
area and height, and the applicant is seeking relief of these dimensional restrictions. The applicant has
stated that the signs are necessary to ensure safe and efficient access within the Medical Campus and that
the current sign area restrictions do not allow for large and clear enough directional aids. The Medical
Campus is permitted to have other directional signs as depicted on the site plan included in their application,
and the signs subject to this request fall under an exemption outlined in Section 5.6.2.B. The variance
includes a request for a third sign that is located within Pender County. While New Hanover County and
Pender County have established an interlocal agreement allowing New Hanover County to administer
Pender County’s ordinance on their behalf on portions of the property that fall within its jurisdiction, Pender
County standards would govern that sign and it is not able to be considered as part of this request.
The UDO defines area and height in relation to signs as:
Sign, Surface Area Of
The surface area of a sign, which is computed as including the entire area within a regular geometric
form or combinations of regular geometric forms comprising all of the display area of the sign and
including all of the elements of the matter displayed. Frames and structural members not bearing
advertising matter shall not be included in computation of surface area.
Sign, Height
As applied to a sign, height shall be measured as the vertical distance between the highest part of the
sign or its supporting structure, whichever is higher, and a level plane going through the nearest point
of the improved public right-of-way at the ground-level curb line.
BOA-1001 Page 2 of 6
Figure 1: Aerial Imagery with Staff Markups.
The two freestanding subject signs are located adjacent to the roundabout, while the third sign that is in
Pender County is also marked in this image. The red polygon is the entire Novant Health Medical Campus,
with the yellow polygon depicting the portion of the property that is subject to New Hanover County’s
code.
Sign 4
Sign 5
Sign 12 located in
Pender County, not
considered as part of this variance
Subject Site
BOA-1001 Page 3 of 6
Figure 2: Aerial Imagery with Staff Markups.
Based on Table 5.6.2.H of the Unified Development Ordinance’s Permitted and Prohibited Signs by Zoning
District, freestanding signs are permitted by right in the Office and Institutional (O&I) district.
Section 3.4.6: O&I, Office and Institutional District
3.4.6: The purpose of the Office and Institutional (O&I) District is to provide lands that
accommodate institutional, professional office, and other compatible uses. The
O&I district should be located in areas with more intense uses and higher density
development patterns to support economic clusters in appropriate locations.
Sign 5
Sign 4
BOA-1001 Page 4 of 6
Figure 3: Table 5.6.2.H
The two signs as designed have an area of 28 square feet (Sign 4) and 6.25 square feet (Sign 5)
respectively. This represents a difference in area of 25 square feet (Sign 4) and 3.25 square feet (Sign
5) over what is allowed under Section 5.6.2.B.2.b of the UDO. Sign 4 also exceeds the 30 inch maximum
height restriction, measuring 7 feet tall as designed, which represents a difference in height of 4.5 feet.
Section 5.6.2: General Provisions
5.6.2.B.2 Exemptions: A sign permit is not required before the posting or installation
of one of the following signs. However, all signs shall comply with all other
requirements of this section.
5.6.2.B.2.b: On each lot, up to four freestanding signs, each with a maximum
three square feet in sign area and 30 inches in sign height.
BOA-1001 Page 5 of 6
Figure 4: Zoning Map with Staff Markups.
Per the applicant, a variance is necessary to ensure safe and efficient access within the Novant Health
Scotts Hill Medical Campus, which includes several buildings tailored to specific needs. The applicant also
contends that the signage and access identification is a necessity to allow the citizens seeking medical
assistance to reach their intended destination within the medical campus as soon as possible.
In summary, the applicant is requesting a variance from the sign area restriction to allow for larger sized
directional signs to assist citizens to reach their destination within the campus as efficiently as possible.
The area of the two signs is 28 square feet and 6.25 square feet, and the heights are 7 feet and 30
inches.
Sign 5
Sign 4
BOA-1001 Page 6 of 6
BOARD OF ADJUSTMENT POWER AND DUTY:
The Board of Adjustment has the authority to authorize variances from the terms of the Unified Development
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 Unified Development 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.
MEMBERS OF THE BOARD
Caleb Rash Chair | Greg Uhl Vice-Chair
Will Daube | Laura King | Michael Sanclimenti
BOARD ALTERNATES
Jason Holland | Kelly Roberts | Jeff Turpin
Rebekah Roth, Director of Planning & Land Use | Karen Richards,Deputy County Attorney
NEW HANOVER COUNTY
BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, CONFERENCE ROOM 139 WILMINGTON NC 28403
ORDER TO GRANT A VARIANCE – Case BOA-1001
The Board of Adjustment for New Hanover County, having held a public hearing on March 24, 2026, to
consider application number BOA-1001, submitted by Blair Deen, applicant, on behalf of Novant Health,
property owner, is requesting a variance from the maximum sign area and maximum height requirements
for freestanding signs, and from the height restriction for one of the signs, from Section 5.6.2.B of the
New Hanover County Unified Development Ordinance (UDO). This property is zoned O&I, Office and
Institutional, and is located at 151 Scotts Hill Medical Drive, and having heard all the evidence and
arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following
CONCLUSIONS:
•It is the Board’s conclusion that, if the applicant complies with the literal terms of the
ordinance, specifically the 3 square foot maximum area requirement and the 30 inch
height requirement per Section 5.6.2.B.2.b of the New Hanover County Unified
Development Ordinance, that an unnecessary hardship would result. (It shall 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 from
unique circumstances related to the subject property, such as location, size, or topography. This
conclusion is based on the following FINDINGS OF FACT:
•_______________________________________________________________________.
•_______________________________________________________________________.
•_______________________________________________________________________.
•_______________________________________________________________________.
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:
•_______________________________________________________________________.
•_______________________________________________________________________.
•_______________________________________________________________________.
•_______________________________________________________________________.
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:
•_______________________________________________________________________.
•_______________________________________________________________________.
•_______________________________________________________________________.
•_______________________________________________________________________.
THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE from the
New Hanover County Unified Development Ordinance to allow a variance from the 3 square foot
maximum area requirement and the 30 inch maximum height requirement per Section 5.6.2.B of the New
Hanover County Unified Development Ordinance be GRANTED/DENIED. Approval is subject to applicant
within 7 days signing a document acknowledging applicant’s consent to all of the following conditions, if
any.
If the applicant does not sign a document acknowledging consent to all listed conditions, then this
approval is null and void.
ORDERED this 24th day of March, 2026
____________________________________
Chair
Attest:
________________________________
Kenneth Vafier, Executive Secretary to the Board
Page 1 of 6
Variance Application – Updated 3/2017
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
VARIANCE
Application
REVIEW PROCESS
Step 1: Pre-Application Conference
In order to assist applicants through the variance process, applicants are highly encouraged to attend a pre-
application conference prior to application submittal. Applicants are requested to review Section 122-1(2) of
the Zoning Ordinance and sections relating to the application, and advised to contact Planning Staff with any
questions. The purpose of the pre-application conference is to provide the applicant an opportunity to become
familiar with the submittal requirements and procedures of the application, and also to receive preliminary
comments from staff regarding the proposal’s compliance with any applicable development regulations.
Step 2: Application Submittal
Applications must be received by the Planning and Inspections Department by 5:00 PM on the application
deadline date. A complete application consists of the items detailed in the submittal checklist provided in this
application.
Step 3: Staff Review
Upon receiving a completed application, staff may distribute it to certain departments and agencies for review.
County Planning staff shall review the application, and prepare a staff report for the Zoning Board of Adjustment.
Step 4: Zoning Board of Adjustment Review and Action
The New Hanover County Zoning Board of Adjustment shall consider the application at a public hearing. Public
hearings for variance applications are conducted in a quasi-judicial manner and include additional standards
for the testimony and evidence presented during the hearing. The property owner, or their attorney, must be present for the meeting. A variance shall be approved if the applicant provides substantial evidence that the proposed use will meet the following findings: 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. Hardship resulting from personal circumstances, as well as hardships resulting from conditions that
are common to the neighborhood or 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.
Page 2 of 6
Variance Application – Updated 3/2017
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.
No change in permitted uses may be authorized by a variance. The Zoning Board of Adjustment may impose
appropriate conditions on a variance, provided that the conditions are reasonably related to the variance. A
concurring vote of a majority of members of the Board is necessary to grant a variance.
The Planning and Inspections Department shall notify the public of the hearing in accordance with standards of
the Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject
property, and advertising the hearing in a local newspaper.
Page 3 of 6
Variance Application – Updated 3/2017
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110 Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
VARIANCE
Application
Applicant/Agent Information Property Owner(s)
If different than Applicant/Agent
Name
Owner Name
Company
Owner Name 2
Address
Address
City, State, Zip
City, State, Zip
Phone
Phone
Email
Email
Subject Property Information
Address/Location
Parcel Identification Number(s)
Total Parcel(s) Acreage
Existing Zoning and Use(s)
Application Tracking Information (Staff Only)
Case Number
Date/Time received: Received by:
O&I (CHR1)
26.94
R02900-002-067-000
151 Scotts Hill Medical Drive, Wilmington, NC 28411
Winston Salem, NC, 27103
2085 Frontis Plaza Boulevard
Novant Health
Blair.Deen@novanthealth.org
919-818-7511
Wilmington, NC, 28412
2605 Iron Gate Drive
Novant Health
Blair Deen
Page 4 of 6
Variance Application – Updated 3/2017
PROPOSED VARIANCE NARRATIVE
Subject Zoning Regulation, Chapter and Section: ____________________________________________________
In the below space, please provide a narrative of the application. (Additional pages may be attached to the
application if necessary) _________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE
The Zoning Board of Adjustment may grant a variance if it finds that strict application of the ordinance results in an
unnecessary hardship for the applicant, and if the variance is consistent with the spirit, purpose, and intent of the
ordinance. The applicant must explain, with reference to attached plans (where applicable), how the proposed use
meets these required findings (please use additional pages if necessary).
1. 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. ____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
Strict application of the sign ordinance would create an unnecessary hardship by limiting the hospital’s ability to
provide clear and effective wayfinding to essential services, particularly the Emergency Department. While the
property would remain in use, insufficient directional signage would increase confusion for first-time visitors and
patients arriving under emergency conditions, potentially delaying care. This hardship is operational and
safety-related, not economic, and directly affects the hospital’s ability to function as a community healthcare provider.
The requested variance to the sign ordinance is necessary to ensure safe and efficient access within the Novant
Health Scotts Hill Medical Campus, which includes an existing Medical Office Building (2025), Outpatient Surgical
Center (2007), and Emergency Department (2015, expanding in 2026), as well as a new community hospital planned
to open in 2026. The campus is designed to serve a rapidly growing population in both New Hanover and Pender
Counties and is located immediately adjacent to U.S. Highway 17, a heavily traveled corridor with frequent
congestion and complex traffic movements.
As part of the City’s ongoing review process, the applicant has worked collaboratively with staff to modify multiple
proposed signs so that they fully comply with the existing sign ordinance. Following these revisions, only three
directional signs remain subject to this variance request. These signs are limited in number and scope, and the
applicant believes they are essential to safely direct patients, visitors, and emergency responders to critical hospital
services.
Due to the size and multi-building layout of the campus, its proximity to water (only allowing major traffic to enter from
U.S. Highway 17), and its location across two county jurisdictions, standard sign ordinance limitations do not
adequately support safe wayfinding for patients, visitors, and emergency responders. The proposed signage is strictly
directional in nature and is intended to guide the public to critical healthcare services, reduce confusion during urgent
situations, and prevent vehicles from mistakenly entering nearby residential or commercial properties. Granting the
variance supports public safety, improves emergency response efficiency, and aligns with the ordinance’s intent to
protect the general welfare of the community.
Page 5 of 6
Variance Application – Updated 3/2017
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
are common to the neighborhood or 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. ____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
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 sign ordinance in that it prioritizes
public safety and achieves substantial justice. As New Hanover and Pender Counties continue to experience
rapid population growth, the expansion of emergency services and the addition of up to 80 new inpatient beds
will serve an increasing number of residents and visitors. Clear, visible, and well-placed directional signage is
essential to ensure timely access to care, reduce emergency response times, and maintain safe traffic circulation
both on campus and in surrounding areas.
Granting the variance enables the hospital to meet critical healthcare needs while remaining aligned with the
ordinance’s overarching goal of protecting public health, safety, and welfare.
The hardship is not the result of actions taken by the applicant or property owner. The need for additional
directional signage stems from inherent conditions of the site, including its location, scale, traffic environment,
and campus configuration. Although the property was acquired with knowledge of these conditions, the
operational and safety challenges associated with providing clear access to emergency and hospital services are
not self-created and exist independently of the applicant’s actions.
The hardship arises from physical and locational conditions unique to the property at 151 Scotts Hill Loop Road.
The campus is immediately adjacent to U.S. Highway 17, where congestion, peak-hour traffic, and multiple
approaches require enhanced visibility and advance directional guidance from multiple roadways. The property
also spans both New Hanover and Pender Counties and functions as a large, integrated medical campus with
multiple facilities and entrances.
Overall Signage Plan for Site:
Requested Variance for Sign 4, 5, & 12
Variance Detail Sign 4:
· The sign is allowed. The property is zoned O&I with over 200 feet of street frontage,
which allows one freestanding sign and two auxiliary signs.
· Allowable sizing: Up to 20 feet tall and up to 12 square feet in sign/text area.
· The sign meets the height requirement, but not the square footage (allowable shown
as dashed line)
Novant Health has made e orts to comply with the sign requirements by reducing the sign
height to meet ordinance standards. However, the 12-square-foot text limitation on overall
sign area does not allow for the inclusion of all campus destinations. As a primary sign, the
first point of directional information encountered on an institutional campus, this signage
is intended to provide comprehensive wayfinding, which cannot be e ectively achieved
within the current size constraints.
Novant Health requests a variance for the additional square feet of text on Side A of
freestanding sign 4.
Variance Detail Sign 5:
· The sign is allowed as part of Section 5.6.2.B.2.b, which allows up
to four additional freestanding signs (only using 2 of 4allowed).
· Allowable sizing: a maximum of 3 square feet in sign/text area and 30 inch in
height
· The sign meets the height requirement, but not the square footage (allowable shown
as dashed line)
Novant Health has made e orts to comply with the sign requirements by reducing its
height to meet ordinance standards. However, the limitation of 3 square feet for overall
signage does not allow for more than a single-line destination reference. As a result, the
sign cannot provide comprehensive directional information to guide visitors e ectively
when exiting the Medical Center parking lot.
Novant Health requests a variance for the additional square feet of text on Side A of
directional sign 5.
Variance Detail Sign 12:
· The sign is allowed as part of Section 5.6.2.B.2.b, which
to four additional freestanding signs (only using 2 of 4allowed).
· Allowable sizing: a maximum of 3 square feet in sign/text area and 30 inch in
height
· The sign meets the height requirement, but not the square footage(allowable shown
as dashed line)
Novant Health has made e orts to comply with the sign requirements by reducing its
height to meet ordinance standards. However, the limitation of 3 square feet for overall
signage does not allow for more than a single-line destination reference. As a result, the
sign cannot provide comprehensive directional information to guide visitors e ectively
when exiting the Medical Center parking lot.
Novant Health requests a variance for the additional square feet of text on Side A & B
of directional sign 12.
Page 6 of 6
Variance Application – Updated 3/2017
APPLICATION REQUIREMENTS
Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed
items are included and confirm by initialing under “Applicant Initial”. Staff will not process an application for further
review until it is determined to be complete.
ACKNOWLEDGEMENT AND SIGNATURES
By my signature below, I understand and accept all of the conditions, limitations and obligations of the variance
application for which I am applying. I understand that I have the burden of proving why this application meets the
require findings necessary for granting a variance. I certify that this application is complete and that all information
presented in this application is accurate to the best of my knowledge, information, and belief.
I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf
regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to:
1.Submit an application including all required supplemental information and materials;
2.Appear at public hearings to give representation and commitments; and
3.Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising
out of this application.
__________________________________________ _______________________________________
Signature of Property Owner(s) Print Name(s)
__________________________________________ Blair Deen
Signature of Applicant/Agent Print Name(s)
NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each
owner of record.
*The land owner or their attorney must be present for the case at the public hearing.
Required Information Applicant
Initial
Staff
Initial
1 Complete Variance application
2 Application fee – $400
3 Site plan or sketch illustrating requested variance
4 1 hard copy of ALL documents
For Staff Only
Application Comments ________________________________________________________________
________________________________________________________________
BND
BND
BND
Matt Stiene
BOA-1002
Page 1 of 8
VARIANCE REQUEST
BOARD OF ADJUSTMENT
March 24, 2026
CASE: BOA-1002
PETITIONER: Lee A. Hershner and Mildred Hershner, applicants and property owners.
REQUEST: Variance of 7.5 feet from the 12.5 feet minimum side yard setback requirement per Section
3.2.9.D (3) of the New Hanover County Unified Development Ordinance.
LOCATION: 131 Springhill Road
PID: R03510-004-016-000
ZONING: R-10, Residential District
ACREAGE: 0.308 Acres
BACKGROUND AND ORDINANCE CONSIDERATIONS:
Lee A. and Mildred E. Hershner, applicants and property owners, are requesting a variance from the
minimum street side yard setback requirement of 12.5 feet in the R-10 zoning district to construct an
addition to the existing 1,225 square feet residential building, consisting of multiple components
measuring approximately 1,840 square feet.
The parcel is located at the southern extremities of the Brookside subdivision, at the intersection of
Springhill Road (to the west) and Candlewood Drive (to the south). While there are neighboring
residential properties north and west of the subject property, all the properties south and southeast of
Candlewood Drive are undeveloped and designated as FEMA buy-out tracts to the south and HOA open
space to the southeast.
BOA-1002
Page 2 of 8
Staff Exhibit 1: Vicinity Map for Subject Parcel
PREVIOUS BOARD OF ADJUSTMENT ACTION
The Board of Adjustment previously considered a variance request for the subject property under Case
BOA-974, which was approved on September 7, 2022. Through Signed Order BOA-974, the Board
granted a 7.5-foot reduction from the required 12.5-foot minimum side yard setback to construct a 600+
square-foot detached garage/workshop on the subject property.
In considering the request, the Board reviewed the variance application, supporting documentation, and
testimony provided at the hearing. Based on the evidence presented and the applicable ordinance
standards, the Board determined that the required findings for granting a variance had been satisfied.
The variance was approved subject to any conditions included in the Order, and the decision was
formally adopted and signed, making it an official and binding action of the Board.
HOA Property
FEMA/NHC Property
BOA-1002
Page 3 of 8
MODIFICATION REQUEST RELATED TO BOA-974 (MAY 18, 2025)
On May 18, 2025, the property owners requested confirmation that the side setback variance granted
under Case BOA-974 would apply to two additional improvements proposed for the property. The
proposed improvements included a 600-square-feet garage with a 600-square-feet apartment above
and a 14-foot by 21-foot sunroom extending from the main residence along the Candlewood Drive side
of the property.
The property owners requested clarification as to whether both proposals could utilize the previously
approved five-foot setback, noting that the 2022 Order did not limit the variance to a one-story garage
or establish a maximum structure size. They also indicated that two-story garages with living quarters are
common in residential development and that the hardship conditions identified in the original variance
request would also apply to the proposed structures.
The County Attorney’s Office reviewed the request and confirmed that variances are specific legal
determinations made by the Board of Adjustment based on the evidence and scope of the application
presented at the time of the hearing. In the 2022 case, the Board approved a variance specifically
associated with a detached garage (accessory structure).
The current proposal expands the scope of development to include a detached garage with a second-
story accessory dwelling unit (ADU) as well as an addition to the principal residence, which represents a
substantial change from the proposal previously reviewed by the Board. Additionally, the Unified
Development Ordinance states that variance approvals expire after two years if no permits are
obtained.
Because the scope of the project changed and the prior approval may have expired, staff determined
that a new variance application is required to request relief from the setback requirements for the
revised project.
BOA-1002
Page 4 of 8
Staff Exhibit 2: Applicants’ Proposal
The proposed addition has a combined ground-floor footprint of approximately 1,840 square feet and
consists of several interconnected components attached to the existing structure. These components include
a one-story garage with an upper deck measuring 16 by 26 feet (416 square feet), an additional
attached ground-floor garage measuring 26 by 40 feet (1,040 square feet). The proposal also includes
a second floor, self-contained living space equal to the garage with access to the rooftop deck measuring
416 square feet. This upper-level living space will not increase the overall ground-level footprint of the
structure.
A 4 by 16 feet (64 square feet) breezeway will connect the garage to a 16 by 20 feet (320 square
feet) proposed sunroom which will be connected to the existing building.
BOA-1002
Page 5 of 8
Staff Exhibit 3: Site Plan of Applicants’ Proposal
As all components are physically connected, the entire configuration constitutes a single addition under
the Ordinance definition of structure.
STRUCTURE
Anything constructed or erected within a fixed location on the ground or attached to something having
a fixed location on the ground. The term structure shall be construed to include buildings, porches,
decks, carports, garages, sheds, roof extensions, overhangs extending more than two inches, and any
other projections directly attached to the structure. For purposes of Section 5.10, Airport Height
Restriction, a structure is any object, including a mobile object, constructed or installed by man,
including, but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead
transmission lines. This definition does not apply to the provisions of Article 9: Flood Damage
Prevention; for that meaning, see Section 9.5: Definitions. [05-03-2021]
BOA-1002
Page 6 of 8
The structure with a combined area of 3,065 square feet is subject to the principal setback
requirements, for the 12.5’ side street setback.
Staff Exhibit 4: New Hanover County Unified Development Ordinance Extract
Variance request
Ordinance regulation
BOA-1002
Page 7 of 8
As indicated on the location plan, the parcel is bounded by two side streets and will be subject to the 25-
foot front setback from Springhill Road and 12.5-foot minimum street side setback on Candlewood Drive.
The applicants are proposing to maintain the required 20-foot minimum rear yard setback and the 25-
foot front yard setback. However, the applicants are requesting a variance to reduce the minimum
setback from Candlewood Drive from 12.5 feet to 5 feet, citing the following as described in the
application:
1. There are no neighboring residential structures south of the subject parcel along Candlewood
Drive. As a result of severe associated with Smith Creek, these properties were acquired by New
Hanover County through the FEMA Hazard Mitigation Assistance Program, demolished and
maintained as open space.
2. The subject parcel doesn’t typically function as a corner lot since the portion of Candlewood Drive
which intersects with 131 Springhill Road has not been maintained circa 2003. North Carolina
Department of Transportation public signage indicates “State Maintenance Ends.”
The proposed addition, which measures approximately 1,840 square feet, includes a sunroom,
breezeway connection to an attached ground-floor garage with an upper floor, self-contained living
space, and a one-story garage with an upper deck accessed from the proposed living area.
In summary, the applicants are requesting a variance of 7.5 feet from the minimum side yard setback
requirement of 12.5 feet for a structure with a combined area of 3,065 square feet.
BOA-1002
Page 8 of 8
BOARD OF ADJUSTMENT POWER AND DUTY:
The Board of Adjustment has the authority to authorize variances from the terms of the Unified Development
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 Unified Development 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 applicants 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.
MEMBERS OF THE BOARD
Caleb Rash Chair | Greg Uhl Vice-Chair
Will Daube | Laura King | Michael Sanclimenti
BOARD ALTERNATES
Jason Holland | Kelly Roberts | Jeff Turpin
Rebekah Roth, Director of Planning & Land Use | Karen Richards, Deputy County Attorney
NEW HANOVER COUNTY
BOARD OF ADJUSTMENT
230 GOVERNMENT CENTER DRIVE, CONFERENCE ROOM 139 WILMINGTON NC 28403
ORDER TO GRANT A VARIANCE – Case BOA-1001
The Board of Adjustment for New Hanover County, having held a public hearing on March 24, 2026, to
consider application number BOA-1002, submitted by Lee A. Hershner and Mildred Hershner, applicants
and property owners are requesting a variance of 7.5 feet from the 12.5 feet minimum side yard setback
requirement per Section 3.2.9.D (3) of the New Hanover County Unified Development Ordinance.
This property is zoned R-10, Residential, and is located at 131 Springhill Rd., 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 12.5 feet minimum side yard setback requirement per Section 3.2.9.D3 of the New
Hanover County Unified Development Ordinance, that an unnecessary hardship would result. (It shall
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 from
unique circumstances related to the subject property, such as location, size, or topography. This
conclusion is based on the following FINDINGS OF FACT:
• _______________________________________________________________________.
• _______________________________________________________________________.
• _______________________________________________________________________.
• _______________________________________________________________________.
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:
• _______________________________________________________________________.
• _______________________________________________________________________.
• _______________________________________________________________________.
• _______________________________________________________________________.
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:
• _______________________________________________________________________.
• _______________________________________________________________________.
• _______________________________________________________________________.
• _______________________________________________________________________.
THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE from the
New Hanover County Unified Development Ordinance to allow a variance from the 12.5 feet minimum
side yard setback requirement per Section 3.2.9.D3 of the New Hanover County Unified Development
Ordinance be GRANTED/DENIED. Approval is subject to applicant within 7 days signing a document
acknowledging applicant’s consent to all of the following conditions, if any.
If the applicant does not sign a document acknowledging consent to all listed conditions, then this
approval is null and void.
ORDERED this 24th day of March, 2026
____________________________________
Chair
Attest:
________________________________
Kenneth Vafier, Executive Secretary to the Board
NEW HANOVER COUNTY
NEW HANOVER COUNTY BOARD OF ADJUSTMENT
RULES OF PROCEDURE FOR MEETINGS
I. APPLICABILITY
Rule 1. Applicability of Rules.
These rules and regulations are necessary for the orderly and proper discharge of its business and duties
which apply to all meetings of the New Hanover County Board of Adjustment (Board of Adjustment) to
expedite the handling of matters before the Board of Adjustment.
II. OPEN MEETINGS AND GENERAL RULES
Rule 2. Open Meetings and General Rules.
New Hanover County Board of Adjustment meetings shall be open to the public, and any person may attend.
The Board of Adjustment shall operate in accordance with North Carolina General Statute (NCGS) Chapter
160D, the New Hanover County Unified Development Ordinance (UDO), and the County policy entitled “Policy
and Procedures for Appointments to County Boards, Commissions, Committees and Authorities”.
III. OFFICERS AND DUTIES
Rule 3. Officers and Duties. Each year, during the December regular meeting of the BOA, the Chair and Vice
Chair shall be elected from its members:
A. Chair:
1. The Chair shall be elected by majority vote of the membership of the Board from among its
members.
2. The Chairperson’s term of office shall be for one year, and until a successor is elected, beginning
with the December meeting and the Chair shall be eligible for re-election.
3. Subject to these rules, the Chair shall decide upon all points of order and procedure, unless
directed otherwise by a majority of the Board in session at the time.
B. Vice Chair:
1. A Vice Chair shall be elected by the Board from among its members in the same manner and for
the same term as the Chair.
2. The Vice-Chair shall serve as acting Chair in the absence of the Chair, and at such times shall have
the same powers and duties as the Chair.
3. In the event of a vacancy in the Vice Chair position, a Vice Chair shall be elected to serve the
unexpired term.
C. Secretary:
1. The New Hanover County Planning & Land Use Director or designee shall serve as Secretary of
the Board of Adjustment.
2. The Secretary shall not be eligible to vote upon any matter.
3. The Secretary, subject to the direction of the Chair and the Board of Adjustment, shall be
responsible for keeping all records, shall be responsible for the conduct of all correspondence of
the Board of Adjustment.
4. The Secretary shall be responsible for keeping, in a permanent volume, the minutes of each Board
of Adjustment Board meeting.
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5. Meeting minutes shall, at a minimum, reflect the Board of Adjustment’s actions, including
motions, points of order, votes, and the results of each vote, and shall identify members who
were absent or who did not vote.
6. Should the Secretary be absent, a temporary Secretary shall be appointed by the Chair.
C. Other Officers: Should the Chair and Vice Chair both be absent at any meeting, the Board of
Adjustment shall elect a temporary Chair to serve at the meeting.
IV. CONDUCT OF MEETINGS
Rule 4. Meetings.
A. Regular Meetings. Regular meetings of the Board of Adjustment shall be held once a month on the
fourth Tuesday of the month in Room 139 of the New Hanover County Government Center, 230
Government Center Drive, Wilmington, North Carolina, or as otherwise stated in the annual meeting
calendar adopted by the Board of Adjustment. Upon direction of the Chair or a majority of the Board
of Adjustment, any meeting may be held at any other place in New Hanover County.
B. Special Meetings. Special meetings of the Board of Adjustment may be called at any time by the Chair
or by a majority of the Board. The Chair or Secretary shall give written notice stating the meeting
time, place. Notice shall also be posted on the County website and within the public notification
binder located at the New Hanover County Government Center.
C. Cancellation of Meetings. When there is no business for the Board of Adjustment, the Chair may
cancel a regular meeting by giving notice to all members of the Board of Adjustment, but no less than
twenty-four (24) hours prior to the time set for the meeting. Notice shall also be posted on the County
website and within the public notification binder located at the New Hanover County Government
Center.
Rule 5. Quorum. A quorum shall consist of a majority of the Board of Adjustment members attending in
person.
Rule 6. Remote Participation. Board of Adjustment members and the public may not participate remotely
(through Teams, telephone, or other electronic communication) in Board of Adjustment meetings.
Rule 7. Proceedings.
A. The order of business at regular meetings shall be as follows:
1. Call to Order
2. Approval of minutes
3. All persons planning on presenting evidence or testimony sworn in
4. Hearings for consideration of unfinished cases
5. Hearings for consideration of new cases
6. Additional Items of Business
B. The Chair may impose time limits upon those desiring to speak as further described in the provisions
below.
C. The order of all hearings shall be as follows:
1. The Chair shall introduce the case;
2. The Secretary shall give a brief presentation on the case;
3. The applicant may present arguments and relevant evidence in support of his or her case
or application;
i. Applicant has a total amount of 15 minutes to present.
4. Parties or persons with standing, as determined by the Board of Adjustment, who are
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opposed to granting the decision may present arguments and relevant evidence against
the application;
i. Standing is determined by the sitting members of the Board of Adjustment.
ii. Opposition speakers have a total amount of 15 minutes to present opposition.
5. In the event of an appeal, a County official involved in the decision being appealed (or
their designee) may present relevant evidence in support of the appealed order,
requirement, decision or determination;
6. All parties to the proceeding shall be permitted to cross-examine witnesses and present
rebuttals to opposing testimony within a 5 minute rebuttal allotment.
The Chair may summarize the evidence which has been presented, giving the parties an opportunity to make
objections or corrections with a 5-minute time limit for each side. The Board of Adjustment may, in its
discretion, call and examine witnesses to obtain additional facts in the matter before arriving at a
determination of the case.
Rule 8. Voting.
• The Board of Adjustment shall adhere to NCGS 160D-406(i) when voting:
o “The concurring vote of four‑fifths (4/5) of the board shall be necessary to grant a variance.
A majority of the members shall be required to decide any other quasi‑judicial matter or to
determine an appeal made in the nature of certiorari. For the purposes of this subsection,
vacant positions on the board and members who are disqualified from voting on a
quasi‑judicial matter under G.S. 160D‑109(d) shall not be considered members of the board
for calculation of the requisite majority if there are no qualified alternates available to take
the place of such members.
• For purposes of determining a majority, any Board of Adjustment member who is disqualified from
participating or voting on a quasi-judicial matter pursuant to NCGS 160D-109(d) shall not be
considered a member of the Board for that matter and for the determination of a quorum. An
alternate member of the board may serve in the member’s place.
• If a quorum exists and a tie vote occurs, the request before the Board of Adjustment shall be
considered to have failed.
V. RESPONSIBILITIES OF BOARD OF ADJUSTMENT MEMBERS
Rule 9. Responsibilities.
A. Membership of the Board of Adjustment is accepted as a public service.
B. All Board of Adjustment members shall become thoroughly familiar with the provisions of these Rules
of Procedure and Parliamentary Procedure.
C. Membership on the Board of Adjustment shall be governed by the terms of Section 160D-302, of the
General Statutes of North Carolina, and Article 10 of the New Hanover County Unified Development
Ordinance
D. When a Board of Adjustment member concludes that he/she has a conflict of interest, as defined in
NCGS 160D-109, he/she shall disclose this during a public meeting. The disclosure should state the
nature of the conflict, including any personal or financial interest, whether direct or indirect, in the
matter under consideration. The Board member must then recuse themselves from voting on the
issue.
E. Unless there is such a conflict of interest, each member must vote on every issue.
F. Each Board of Adjustment member may individually visit the premises that is the subject of the
application or appeal. Should a Board of Adjustment member receive an unsolicited comment from
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Adopted ______________, 2026
a party or member of the public concerning the case while visiting the premises, the Board of
Adjustment member shall inform the person seeking to comment that discussing a case prior to the
hearing is prohibited and shall disclose at the hearing the substance and source of any such
unsolicited comment.
Rule 10. Attendance and Removal.
A. An absence is considered excused when it results from circumstances beyond the Board of
Adjustment member’s control, such as illness or medical emergency of the appointee or an
immediate family member, death in the family, employment or military obligations, inclement
weather or hazardous travel conditions, or civic duties required by law (including jury duty, court
subpoena, or voting). An absence is considered unexcused when the Board of Adjustment member
fails to notify the Board of Adjustment Chair or Secretary/staff liaison in advance, when the reason
provided does not meet the criteria for an excused absence, or when no reason is provided.
B. If any Board of Adjustment member incurs three (3) unexcused absences, the Board of Adjustment
Chair shall report the absences to the Chair of the New Hanover County Board of County
Commissioners. At the discretion of the Chair of the New Hanover County Board of County
Commissioners, such unexcused absences may be deemed a resignation from the appointed position.
C. A Board of Adjustment member may be removed, without cause, by a majority vote of the New
Hanover County Board of County Commissioners.
D. Board members must uphold the County policies pertaining to the duties and responsibilities of the
Board including, but not limited to, the New Hanover County Board of Commissioners: Policies and
Procedures for Appointments to County Boards, Commissions, Committees, and Authorities, adopted
by same on December 15, 2026 and all revisions thereto.
VI. ANNUAL REPORT TO BOARD OF COMMISSIONERS
Rule 11. Annual Report. The Board of Adjustment shall prepare and submit in January of every year, to the
New Hanover County Board of Commissioners a report of its activities for the prior year. Such a report shall
contain a statement of the number of cases heard and a summary of the action taken, along with any other
matters which the Board of Adjustment deems appropriate for inclusion in such report.
VII. AMENDMENTS
Rule 12. Amendments. These Rules of Procedure may be amended, within the limits allowed by law, at any
time by an affirmative vote of four-fifths (4/5) of the Board of Adjustment, provided that such amendment is
presented in writing at a regular or special meeting preceding the meeting at which the vote is taken. Staff
may incorporate board directed, legal, or other required changes to the draft amendment between the initial
presentation of the amendment and adoption. The Board of Commissioners may also, by a majority vote,
make changes to the Board of Adjustment Rules of Procedure without approval by the Board of Adjustment.