ZBA-11-04
1 MINUTES ZONING BOARD OF ADJUSTMENT November 16, 2004 The New Hanover County Zoning Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the New Hanover County
Administration Annex Building, 230 Market Place Drive, Suite 110, Wilmington, NC, on November 16, 2004. Members Present Jeffrey Bellows, Chairman Vice-Chairm
an Michael V. Lee Michael S. Jones Horace Malpass Ex Officio Members Present Holt Moore III, Assistant County Attorney Debra D. Wilson, Acting Executive Secretary Hattie Moore, Clerk
The meeting was called to order by the Chairman, Mr. Jeffrey Bellows. Mr. Bellows explained to all present that the Board is a quasi-judicial board appointed by the Board of Commissioners
to consider zoning ordinance variances from residents in New Hanover County where special conditions would create unnecessary hardships. The Board also hears �
�appellants have thirty days in which
to appeal any decision made by the Board to Superior Court. It was properly moved and seconded to approve the minutes of the September 2004 Board meeting. Mr. Bellows swore in County
staff Ms. Debra D. Wilson. The first case to be brought before the Board was as follows: Mr. and Mrs. Mark C. Clark, 425 Futch Creek Road, are requesting a variance from the 15-foot
side yard setback requirements of New Hanover County Zoning Ordinance, Section 52-2 to construct a carport at an existing residence in an R-20 zoned district. ZBA-739. The Chairman called
Ms. Wilson to give an overview of the case. Mr. Wilson stated that Mr. and Mrs. Clark are requesting a variance from the 15-foot side yard setback requirements of New Hanover County
Zoning Ordinance, Section 52-2 to construct an attached carport for their existing residence. She said the 15-foot setback would only allow a 19-foot wide attached carport to be constructed
and the applicants are requesting a variance of 11 feet in order to construct a 30-
2 submitted in support of the variance criteria as contained in Ordinance 122-1, and that all parties were notified. The Chairman called those to speak in favor of granting the variance
request to come forward to be sworn or affirmed for testimony. Mr. Bellows swore in: Mr. Mark Cicero Clark, Owner Mr. Clark stated that when they decided to build a carport they were
told that green space runs the full length of their property and they would need to move the fence, change sprinkler system and enlarge the driveway in order to construct the carport.
He said they thought it was a 5 ft setback but it is a 15 feet setback and they would need 11 feet in order to construct a 30-foot wide carport. Mr. Bellows asked if there was an existing
garage on the property. Mr. Clark said yes, and they plan to change the garage into a recreation room and office area and the new garage would go in the back yard area. Mr. Bellows asked
Mr. Clark how would emergency vehicles access the rear property. Mr. Clark said through the double swing gates. The Chairman called for those to speak in opposition to the Board granting
the variance request to come forward. There was no one present to speak on denying the variance request. Board Deliberation Mr. Bellows said this is a self-imposed hardship and he referred
to numbers 1 through 3 of the findings of fact. He said there is no good reason to grant this request because they have 19 feet to work with and they have other alternatives. Mr. Furman
agreed saying there is no clear evidence of a hardship. He said the appellant have created his own hardship. Board Decision: 1. Mr. and Mrs. Mark C. Clark, 425 Futch Creek Road, are
requesting a variance from the 15-foot side yard setback requirements of New Hanover County Zoning Ordinance, Section 52-2 to construct a carport at an existing residence in an R-20
zoned district. ZBA-739 2. On a motion by Mr. Furman and seconded by Mr. Lee the Board voted unanimously to DENY the variance request. The second case to be brought before the Board
was as follows: Mr. and Mrs. Hamid K. Dehghan, 158 Beach Road South, are requesting to extend previous application # ZBA-701, which was granted December 17, 2002 from the 30-foot front
setback
3 requirements of Section 51-2(3) to construct a new single family residence. The property is zoned R-20S. ZBA-740. The Chairman called Ms. Wilson to give an overview of the case. Ms.
Wilson stated that Mr. and Mrs. Hamid K. Dehghan are requesting to extend their variance #ZBA-701, which was granted on December 17, 2002 from the 30-foot yard setback requirements of
New Hanover County Zoning Ordinance, Section 51-2(3) to construct a new single family oposed finding of
fact, submitted in support of the variance criteria as contained in Ordinance 122-1, and that all parties were notified. The Chairman called those to speak in granting the variance request
to come forward to be sworn or affirmed for testimony. The Chairman swore in: Mr. Aldo Mario Cimino Mr. Cimino stated that he is the real estate agent representing Mr. and Mrs. Dehghan.
Mr. Cimino said his clients want to extend the variance request to construct a new house, which which was granted in December 2002 by this Board. He said this is due to changes in the
natural beachfront erosion and the current CAMA setbacks limits the building footprint depth. Mr. Furman asked if there had been any changes in adjacent property homeowners since the
variance was granted 2 years ago. Mr. Cimino said there is no change in adjacent property owners and they have all been notified and also the homeowners association. He added that the
CAMA application is good through 2006. Mr. Bellows asked what happens if the property is sold. Mr. Cimino said the new owner would have to re-apply for a CAMA permit. The Chairman called
for those to speak in opposition to the Board granting the variance request to come forward. There was no one present to speak in opposition to granting the variance request. Board Decision
1. Mr. and Mrs. Hamid K. Dehghan, 158 Beach Road South, are requesting to extend previous application # ZBA-701, which was granted December 17, 2002 from the 30-foot front setback requirements
of Section 51-2(3) to construct a new single family residence. The property is zoned R-20S. ZBA-740. 2. On a motion by Mr. Lee and seconded by Mr. Malpass, the Board voted unanimously
to GRANT the request to extend previously granted ZBA-701.
4 There being no further business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Acting Executive Secretary Chairman