ZBA-4-04
1 MINUTES ZONING BOARD OF ADJUSTMENT April 27, 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 April 27, 2004. Members Present Jeffrey Bellows, Chairman Vice-Chairman
Michael V. Lee Horace Malpass Ex Officio Members Present Holt Moore III, Assistant County Attorney Ann S. Hines, Executive Secretary Debra D. Wilson, Zoning Enforcement Official Hattie
Moore, Clerk The meeting was called to order by the Chairman, Mr. Jeffrey Bellows. It was moved and seconded to approve the minutes of the March 2004 Board meeting. 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 rpretation in enforcement of the Zoning Ordinance. He added
that appellants have thirty days in which to appeal any decision made by the Board to Superior Court. The Chairman informed the appellants that the Board tonight would consist of a four
member panel instead of five, and they would need a 4/5 or a unanimous vote to receive their request. The appellants chose to continue with their cases tonight. Mr. Bellows swore in
County staff Ann S. Hines and Debra D. Wilson for testimony. The first case to be brought before the Board was as follows: Mr. and Mrs. Todd Gunnell, Lot 37 Demarest Landing, are requesting
a variance from the front setback requirements of New Hanover County Zoning Ordinance Section 51-2 for a new residence. Property is zoned R-20S. ZBA-729. The Chairman called for those
to speak on granting the variance request to come forward to be sworn or affirmed for testimony. He swore in Mr. Douglas Todd Gunnell.
2 Mr. Bellows called Ms. Debra Wilson to give an overview of the case. Ms. Wilson stated that Todd and Julie Gunnell reside at 3006 Sunny Branch Drive, Lot 37 in Demarest Landing and
are requesting a variance from the front yard setback. She said the typical setback is thirty foot and the rear lot already has a seventy-five foot COD (Conservation Overlay District)
setback. She said when Mr. and Mrs. Gunnell originally bought the lot, they had it surveyed and discovered that the marsh on one side of the lot had encroached more than they had anticipated.
She said they are requesting a variance from thirty feet to twenty-three feet on the front. She added that there have been similar cases in Demarest Landing. Mr. Gunnell stated that
after they had the lot surveyed, they lost buildable area and in order to get the house in that area, they would need to push it forward about 6-7 feet. He said there would only be some
entry steps in that area and one of the porch roof eaves hangs over in that area. He said the house would still be thirty-five feet from the street. Mr. Bellows asked Mr. Gunnell if
he had input from the Demarest Landing Homeowners Association on this variance. Mr. Gunnell said the Homeowners Association said they had no problem with it. He added that he has discussed
it with his neighbors on both sides and across the street and they do not have any objections. Mr. Furman asked Mr. Gunnell if the prior owner or the developer had the lot surveyed prior
to his purchasing it. Mr. Gunnell said the developer surveyed the lot and they bought it based on that survey. Mr. Bellows asked if that survey was just for a boundary line and not a
COD line. Mr. Gunnell said that is correct and he does not know how many approximate COD lines were put on there. Ms. Wilson said there was a COD alignment on the original plat from
the developer but due to storm intrusions the right rear corner of the property intruded, creating a greater setback on one corner. Mr. Bellows asked if the original COD line was flagged
by a CAMA representative. Ms. Hines said it was probably surveyed in with review by Planning staff. She explained that the COD is a County imposed alignment and it is not the same as
a mean high water line. She said it is the landward edge of the marsh and it is not unusual to find a little difference that someone may have missed. The Chairman called for those to
speak on denying the variance request to come forward for testimony. There was no one present to speak on denying the variance request.
3 Board Decision: 1. Mr. and Mrs. Todd Gunnell, Lot 37 Demarest Landing, are requesting a variance from the front setback requirements of New Hanover County Zoning Ordinance Section
51-2 for a new residence. Property is zoned R-20S. ZBA-729. 2. On a motion by Mr. Malpass and seconded by Mr. Furman, the Board voted unanimously to GRANT the variance request. All ayes.
The second case to be brought before the Board was as follows: Archmill Place, Inc., by Archie McGirt, is appealing an order of the Zoning Enforcement Official to provide connections
to City of Wilmington water lines for the residents of Archmill Place Subdivision. ZBA-719. (Continued from the March 2004 meeting). The Chairman called Ms. Hines for an update on the
case. Ms. Hines stated that this case is continued from the March Zoning Board of Adjustment meeting in order to keep the appeal alive while the work that the County had ordered, and
Mr. McGirt has agreed to perform, was being performed. She said a substantial amount of the work has been completed. She said the water has been turned on, the pressure test and chlorination
test have passed, but there are still some loose ends that have not been completed. She said the work remaining has to do with asphalt patching of approximately twenty places in the
street pavement where the pavement had to be cut in order to put in individual water service. She said there is gravel presently in the openings that Mr. McGirt said he is going to patch
with asphalt. She said there is also an issue about where to place a fire hydrant and some written certification from the State is needed for the City to accept applications from individuals
for water service. Ms. Hines said the appellant is asking for another continuance and the County has no problem with that request. The Chairman swore in: Mr. Alton Lennon Attorney
for Mr. McGirt Mr. Brett J. Waress -Representing Archmill Place Homeowners Dr. Robert Wilson President, Archmill Place Homeowners Association Mr. Michael Ventrone Archmill Place
homeowner Mr. Alton Lennon stated that the water was turned on in Archmill Place on Sunday at approximately 4:30 p.m. He said the next step is for the City to do a final walk through.
He said at that point their engineer, Mr. Klein will provide the certification to both the City and State and the City will then request the State to activate the lines. However, the
City said they are busy with Mayfaire and they will try to get out probably by Thursday of this week. Mr. Lennon said they were advised not to cover up the holes with paving until the
tests were complete and there is an issue with the speed bumps that they are trying to work out with the homeowners. He said they have completed what the County has asked them to do
and that is to connect the system to the City but they need to request another continuance in order to complete everything. Mr. Bellows asked if the hydrostatic and chlorination results
were satisfactory. Mr. Lennon said both tesst passed. He said there are supposed to be some extensions from some some of the homes towards the street and Dr. Wilson has asked them to
locate these lines so that the
4 individual homeowners will not have to extend the lines as far. He said they are willing to do that and Mr. Lennon stated, for the record, that they have had very good cooperation
from County staff, the County AttoAssociation.
Dr. Robert Wilson stated that it is very important that the lines that are already in place are located because there is a $1,750 application fee to tap into the City water system. Mr.
Bellows asked the responsibility of Mr. McGirt regarding the individual laterals on the lots installed by the lot builders. Mr. Lennon said that issue was a condition that was not initially
discussed and they will try and help but if the lines are not there, there is not anything they can do about that. He said the $1,750 fee is not something that has to do with this Board.
Mr. Bellows asked County staff if there was anything they needed to add. Ms. Hines said that it seems that some new items are being introduced that were not there before �
� Mr. Furman said in December nothing was mentioned about the hookup being accessible or even �
� Mr. Waress stated that the front connections were not known to be an issue until they got to this point in the process of getting water. He
said when many of them purchased their home, they were told that there were front connections and it would be relatively easy to connect the homes. Mr. Bellows said the County stepped
into this situation in an effort to help the homeowners and they have done an amazing job of gaining the cooperation of everybody involved and then having the system installed. He said
those other issues are a civil matter and do not involve this Board or the County. Mr. Bellows stated, for the record, that the County has done the residents a real
s project is where it
is today. The Chairman called for those to speak in opposition to this case being continued to the May 25 meeting to come forward. Mr. Ventrone said they do not want any more extensions;
they feel that Mr. McGirt has had ample time to complete the project. Board Deliberation Mr. Bellow said County staff is satisfied with the progress that has been made in installing
the water system, and County staff said there would be no enforcement action if the little remaining work is completed satisfactorily. Mr. Furman said the Board has addressed this issue
at several meetings. He said at no time did the Board hear anything negative from the homeowners about the progress.
5 Ms. Hines said the County is satisfied and it is logical to keep the matter open for one more month until the work is completed. Mr. Bellows said if the Board grants the continuation,
it leaves the door open for (1) The County to fine Archmill Place, Inc. (2) It allows Archmill Place, Inc to continue their appeal. He said if the Board does not grant a continuation,
they must decide tonight whether the County has enforcement authority on this issue or not. If the Board decides that they do not have authority, there will be no fines. However, if
the Board agrees with the County, the Board still would not fine Archmill, Inc. unless there is an unsatisfactory ending. He said it protects all parties to grant a continuance in this
case. Board Decision: 1. Archmill Place, Inc., by Archie McGirt, is appealing an order of the Zoning Enforcement Official to provide connections to City of Wilmington water lines for
the residents of Archmill Place Subdivision. ZBA-719. (Continued from the March 2004 meeting.) 2. On a a motion by Mr. Lee and seconded by Mr. Malpass, the Board voted unanimously to
GRANT the continuance request to the next scheduled Zoning Board meeting on May 25, 2004. There being no further business before the Board, it was properly moved and seconded to adjourn
the meeting. All ayes. Executive Secretary Chairman