HomeMy WebLinkAboutApplicationPage 1
Zoning & Subdivision Variance Application – Updated 04-2026
Applicant and Property Owner
Applicant Name Agent Name Property Owner Name(s) (if
different from Applicant)
Applicant Company (if applicable) Agent Company (if applicable) Property Owner Company (if
applicable)
Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Land Use(s)
Proposed Variance Narrative
Subject Unified Development Ordinance
Regulation, Chapter and Section:
In the space below, please provide a narrative of the variance being requested (attach additional pages
if necessary).
Brad Conley
Onshore Ventures LLC
Joe Johnson
1910 Sneeden Dr, Wilmington, NC 28411 ,
2038 Trinity Ave, Wilmington, NC 28411 R04518-004-001-000, R04518-004-002-000, R04517-003-001-001
8,560, 7320, 6600 (3 separate lots) R-20s (Non-conforming buildable lots)
The subject properties consist of three existing platted lots currently zoned R-20. These lots were legally created
prior to the adoption of the current zoning ordinance and are therefore considered nonconforming but buildable parcels.
Due to the limited width and overall size of each lot, strict application of the current side setback requirements creates
a practical difficulty that restricts the ability to construct a reasonably sized single-family residence on each parcel.
As currently required, the side setbacks significantly reduce the buildable envelope, making development impractical
and inconsistent with typical residential construction in the surrounding area.
This request seeks a variance to reduce the required side setbacks on all three lots to allow for reasonable residential
development. The proposed adjustment will enable the construction of single-family homes that are consistent in scale
and character with nearby properties, while still maintaining appropriate spacing between structures.
The hardship is not self-created but is a result of the pre-existing lot configuration and current zoning standards.
Granting this variance will not adversely affect the public interest, will not alter the essential character of the
neighborhood, and will allow for reasonable use of the property in a manner consistent with the intent of the
zoning ordinance.
Page 2
Zoning & Subdivision Variance Application – Updated 04-2026
CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE
The 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 (attach 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.
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 general public, may not be the basis for granting a
variance.
The strict application of the current R-20 side setback requirements creates an unnecessary hardship due to the
limited width and size of the subject lots. These parcels were legally created prior to the adoption of
the current zoning ordinance and are considered nonconforming but buildable lots.
When applying the required side setbacks, the remaining buildable area is significantly restricted, making it difficult to
construct a reasonably sized single-family residence that is consistent with typical development patterns in the area.
Without the requested variance, the buildable envelope is constrained to a point that creates practical difficulties
in design, layout, and functionality.
The requested reduction in side setbacks to 8ft per side is the minimum necessary to allow for reasonable residential
use of the property while maintaining appropriate separation between structures.
The hardship is a result of conditions unique to the property, specifically the pre-existing lot configuration, limited
lot width, and overall size of the parcels. These lots were established prior to current zoning standards and do
not conform to today’s dimensional requirements.
Unlike surrounding conforming lots, the subject properties are narrower and therefore disproportionately impacted
by current side setback requirements. This condition is not self-created and is not the result of personal
circumstances, but rather a function of the original subdivision layout and subsequent changes to zoning regulations.
These unique physical characteristics create a situation where strict enforcement of the ordinance imposes
a greater burden on these lots than on other properties in the area.
Page 3
Zoning & Subdivision Variance Application – Updated 04-2026
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.
The hardship is not the result of any actions by the applicant or property owner. The lots were legally created
prior to current zoning standards, and their nonconforming dimensions are an existing condition. The need for
a variance is solely due to the application of current setback requirements to these pre-existing lots.
The requested variance is consistent with the spirit and intent of the ordinance, as it allows reasonable residential
use while maintaining neighborhood character. The reduction in side setbacks will not negatively impact adjacent
properties or public safety and represents the minimum necessary relief.
Page 4
Zoning & Subdivision Variance Application – Updated 04-2026
Staff use the following checklist to determine if the application is complete. Please verify all the listed items are
included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications
determined to be incomplete must be corrected to be processed for further review. Staff will confirm if an application
is complete within five business days of submittal.
Applicants are encouraged to arrange an informal pre-application meeting with Planning staff at least two weeks
before applying. Pre-application meetings help improve the chances of submitting a complete application.
Application Checklist And Acknowledgement
Applicant
Initial
This application form, completed and signed (all property owners must sign
signatory page) _____
Copy of most recent annual filing identifying the owners / officers /
managers from the Secretary of State’s Business Registry for any LLCs or other
companies listed on the application.
_____
Required application fee ($400) is included: _____
Legal description (by metes and bounds) or a recorded survey with Map
Book and Page reference of the property or area requested for rezoning. ______
Site plan or sketch illustrating the requested variance ______
One (1) digital PDF copy of ALL documents AND plans _____
Page 5
Zoning & Subdivision Variance Application – Updated 04-2026
Acknowledgement and Signatures
Note: This form must be signed by the property owner(s) of record. A signature is required for each
owner of record if there are multiple owners.
By my signature below, I am attesting 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
providing why this application meets the required findings necessary for granting a variance. I certify that
this application is complete and that all information presented in this application is true and accurate to
the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant and/or agent as listed on this application to represent me and
make decisions on my behalf regarding this application during the review process. The applicant and/or
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 comments; 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 Print Name Date
_____________________________________________________ ___________________________ ___________
Signature of Applicant (if different from property
owner)
Print Name Date
_____________________________________________________ ___________________________ ___________
Signature of Agent (if applicable) Print Name Date
The land owner or their attorney must be present at the Board of Adjustment public hearing for this variance
request.
Brad Conley 04/14/2026
Joseph H Johnson III 04/14/2026