ZBA-12-04
1 MINUTES ZONING BOARD OF ADJUSTMENT December 21, 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 December 21, 2004. Members Present Vice-Chairman Brian
Eckel Michael S. Jones Michael V. Lee 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 Vice-Chairman, Mr. Mike Furman. Mr. Furman 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 November 2004 Board meeting. Mr. Furman swore in County staff
Ms. Debra D. Wilson. The first case to be brought before the Board was as follows: Mr. and Mrs. James S. Mitchener Jr., 12 Sandy Point, Figure Eight Island, are requesting a variance
from the 30-foot front yard setback requirements of New Hanover County Zoning Ordinance, Section 52-2 for an existing residence. The property is zoned R-20. ZBA-741. Mr. Furman called
Ms. Wilson to give an overview of the case. Mr. Wilson stated that Mr. and Mrs. James Mitchener Jr., are seeking a variance for an existing residence at 12 Sandy Point, Figure Eight
Island. Ms. Wilson said New Hanover County Zoning Ordinance requires a minimum building setback of 30 feet from the front property line. She said the setback discrepancy was discovered
during the recent as built survey of the property and was not detected at the time of construction in 1982. Ms. Wilson stated that the application indicates a
2 finding
of fact, submitted in support of the variance criteria as contained in Ordinance 122-1, and that all parties were notified. Mr. Furman called those to speak in favor of granting the
variance request to come forward to be sworn or affirmed for testimony. Mr. Furman swore in Mr. Mark Grenell. Mr. Grenell asked the Board if they had any questions that needed to be
addressed first. Mr. Lee asked if there would be any further encroachment into the setback after the proposed improvements are made. Mr. Grenell said the proposed improvements will be
within the footprint of the building and there will be no further encroachments into the setback. Mr. Eckel asked if the Mitcheners are trying to sell the property. Mr. Grenell said
no. He said the owner is getting older and somewhat feeble, which has made it more difficult difficult for him to climb the stairs. Mr. Grenell said that is the reason they want to install
an elevator. Mr. Furman 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 Decision: 1. Mr. and Mrs. James S. Mitchener Jr., 12 Sandy Point, Figure Eight Island, are requesting a variance from the 30-foot front yard setback requirements of New
Hanover County Zoning Ordinance, Section 52-2 for an existing residence. The property is zoned R-20. ZBA-741 2. On a motion by Mr. Lee and seconded by Mr. Jones the Board voted unanimously
to GRANT the variance request. The second case to be brought before the Board was as follows: Mr. Francisco Blanco, 115 Cathay Road, is requesting a variance from the side setback requirements
of Section 69-11 and buffer requirements of New Hanover County Ordinance, Section 67-4 to develop this property adjacent to a commercial use on a residentially zoned property. The property
is zoned B-1. ZBA-742. Mr. Furman called Ms. Wilson to give an overview of the case. Ms. Wilson stated that Mr. Tim Turner is representing the owner, Mr. Blanco, and he has applied for
a variance from the side yard setback requirements of Section 69.11 for a proposed retail/office development at 115 Cathay Road. She said this property is currently zoned B-1 (Conditional)
and Mr. Turner has applied to the County Planning Department to modify that Special Use Permit to
3 allow his usage of the property. Ms. Wilson said the property is surrounded on the west by residential homes, commercial property to the rear, and a convenience store in the east.
She said this store property is zoned R-15 and is permitted through the Special Use Permit currently in place. She said under Section 69-11 of the Ordinance, where the adjacent residential
district is occupied by non-residential uses, the minimum setback would be twenty (20) feet. Ms. Wilson said that Mr. Turner is asking for a zero lot line setback, to accommodate two
buildings on the lot, and he has enclosed a site plan showing the proposed location of the two buildings, parking, landscaping and proposed buffer facing the residential lots. She explained
that Mr. Turner does not want to reduce the buffer requirements abutting the actual residentially used property, but only the residentially used property that is being used commercially.
She also pointed out that Mr. Turner has a list of permitted uses that would be allowed under the B-1 conditional use, but as shown, he would not meet the parking requirements for some
of those uses, such as a real estate office, dental office, restaurant, entertainment business, or banking. She added that some adjustment would have to be made for the parking requirements
according to what type of �
�support of the variance criteria as contained in Ordinance 122-1, and that all parties were notified. Mr. Furman called those to speak in granting the variance
request to come forward to be sworn or affirmed for testimony. Mr. Furman swore in Mr. Tim Turner. Mr. Turner pointed out on his drawings, an easement that runs through the east side
of the property. He said with the easement in that location, tractor trailers making deliveries to the Grill House needs room to maneuver, and parking has to be set up so they would
be able to turn the tractor trailers around. He said the rear of the Pantry is at least 30-35 feet. Mr. Furman asked if anything was presently on the property and Mr. Turner said no.
Mr. Furman asked if they use the Special Use permits would they not have enough parking to meet the criteria. Ms. Wilson said Mr. Turner listed possible generic businesses that could
go there and all of them would be permitted under the B-1 classification, however as submitted, the site plan does not accommodate enough parking for certain types of businesses to go
in there. Mr. Turner added that the parking would need to be addressed as they sell the units. Mr. Eckel asked Ms. Wilson if there is any zoning that allows a zero lot line. Ms. Wilson
said yes, abutting commercial property has a zero line and since this is still technically zoned R-15, residential, it would be a 20-foot buffer. Mr. Eckel asked it that property was
zoned B-1 would there still be an issue. Ms. Wilson said if it was zoned B-1 there would not be an issue. The Chairman called for those to speak in opposition to the Board granting the
variance request to come forward.
4 There was no one present to speak in opposition to granting the variance request. Board Discussion Mr. Eckel asked Mr. Turner if his plan would work if the easement were not in that
location and Mr. Turner said yes because they could use the back for parking. Mr. Jones asked if the pass through for the Grill House was mandated by the State or County or is it something
that is just allowed for them. Mr. Turner said it was something allowed for the Grill House because the owner of the Grill son-in-law. Mr.
Lee said his only concern is that this sounds more like a re-zoning request rather than a variance request. Mr. Furman said he does not see the hardship. He said there is nothing on
the property and presented with this plan, it becomes a self-created hardship. Ms. Eckel agreed but said this is mitigating because of the present usage of the R-15 property. Board Decision
1. Mr. Francisco Blanco, 115 Cathay Road, is requesting a variance from the side setback requirements of Section 69-11 and buffer requirements of New Hanover County Ordinance, Section
67-4 to develop this property adjacent to a commercial use on a residentially zoned property. The property is zoned B-1. ZBA-742. 2. On a motion by Mr. Eckel and seconded by Mr. Jones,
the Board voted unanimously to GRANT the variance request based on the findings of fact and other evidence presented to allow the zero lot line. Board Business It was properly moved
and seconded to change the regular November meeting date to November 29, 2005 to allow for the Thanksgiving holiday. It was properly moved and seconded to elect the following officers
for 2005: Chairman Mr. Mike Furman Vice-Chairman Mr. Michael Lee
5 There being no further business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Acting Executive Secretary Chairman