ZBA-11-05
1 MINUTES ZONING BOARD OF ADJUSTMENT November 29, 2005 The New Hanover County Zoning Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the New Hanover Government
Complex, 230 Market Place Drive, Suite 110, Wilmington, NC, on November 29, 2005. Members Present Mike Furman, Chairman Michael Jones Horace Malpass Brian Eckel Michael Lee Ex Officio
Members Present Holt Moore III, Assistant County Attorney Ann S. Hines, Executive Secretary Hattie Moore, Clerk The meeting was called to order by the 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 appeals of the �
�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 October 2005 Board of Adjustment meeting. 4 ayes, 1 abstain (Lee). Mr. Furman swore in County staff, Ms. Ann S. Hines. The first
case before the Board was as follows: Home Life, Inc., 2020 Corporate Drive, is requesting a variance from the 25-foot side setback requirements of New Hanover County Zoning Ordinance,
Section 59.6 for a proposed building in the Special Highway Overlay District (SHOD). Property is zoned PD (Planned Development). Case No. ZBA-760. Mr. Furman called Ms. Hines to give
an overview of the case. Ms. Hines stated that this is an application for a variance filed by Homelife, Inc, the owners of 2020 Corporate Drive. She said this case is similar to a previous
case owner, Mr. Wilson Ki was present at that meeting and spoke in favor of that variance request. Ms. Hines said
the situation is similar in that these lots are part of the Northchase Industrial Park and face Corporate Drive. She said the lots are right on the fringe of the Special Highway Overlay
District that runs parallel along to and 1,000 feet out from Interstate 40. She said the intent of the
2 Special Highway Overlay District is largely aesthetic to protect the natural vegetation and appearance of the corridors coming into Wilmington. Ms. Hines said in this instance, the
Board is being asked to vary the 25-foot minimum building setback from the interior property lines. She said this section of the Industrial Park has restrictive covenants that call for
a 15-foot setback and because there are trees along the boundary of an intervening tract of land, this property can not been seen from I-40. Mr. Furman called those to speak in favor
of granting the variance request to come forward to be sworn or affirmed. He swore in Mr. Wilson Ki. Mr. Ki stated that he owns property at 220 Corporate Drive and when he purchased
the property he was not aware that it was in a Special Highway Overlay District. He said they have spent a lot of money designing the site for his office. Mr. Ki added that the other
existing buildings there are using a 50-foot setback and he is asking to keep the 15-foot side setback, also. Mr. Furman called those to testify in opposition to the Board granting the
variance request to come forward to be sworn or affirmed. There was no one present to testify in opposition to the variance request. Board Decision: 1. Home Life, Inc., 2020 Corporate
Drive, is requesting a variance from the 25-foot side setback requirements of New Hanover County Zoning Ordinance, Section 59.6 for a proposed building in the Special Highway Overlay
District (SHOD). Property is zoned PD (Planned Development). Case No. ZBA-760. 2. On a motion by Mr. Eckle and seconded by Mr. Lee, the Board voted unanimously to GRANT the variance
request based on the findings of fact and other evidence presented. The second case before the Board was as follows: Centerline Enterprises, et al, 1322/1324 Burnett Road a/k/a/1322
Inlet Point Road (through lot), are requesting a variance from the 80 ft. minimum lot width requirement of New Hanover County Zoning Ordinance, Section 52.5, to create three lots out
of two, one of which will have have a 78.28 ft. width. Property is zoned R-15. Case No. ZBA-761. Mr. Furman called those to speak in favor of granting the variance request to come forward
to be sworn or affirmed. He swore in: Ms. Carolina Dugas Mr. William A. McSteen Mr. McSteen stated that they are requesting a variance on a parcel that they presently have under contract.
He said the parcel is located between Inlet Point Drive and Burnett Road. He said this is the first step in the process and the second step is with the Planning Board. Mr. McSteen said
they are asking for a variance for 78.28 feet and in a conforming R-15 lot it would be 80 feet. He added that he did receive a letter from the Inlet Point Harbor Homeowners Association
and their plan is to
3 annex two lots into Inlet Point after the subdivision is completed and therefore the Burnett Road side would be its own entity. He presented a copy of the letter to the Board. Mr.
McSteen said it will only be single-family homes constructed there and no boats slips or water rights. He said the property owners are asking for a fence to provide some separation between
the two neighborhoods and they are willing to install a fence. Ms. Dugas stated that because Inlet Point is a gated community, they prefer not to have access through their community
to Burnett Road. She said it also makes sense to have Burnett Road as a separate lot because it would conform more to the other lots in that neighborhood. Ms. Hines said that she would
like to reaffirm the idea that the two lots fronting on Inlet Point Drive stands on their own merits, and any building permit issues that come up, with respect to those as access, is
something that the Inspections Department would handle. She said the lot that would front on Burnett Road does need to have slightly less than the 80-foot width that the Ordinance requires.
She said all three lots meet the minimum lot for R-15 and the Planning Department would still need to review this lot configuration to determine that it complies with the subdivision
regulation or is able to be exempted from that. Ms. Hines said that would be handled separately. Mr. Furman called those to testify in opposition to the Board granting the variance request
to come forward to be sworn or affirmed. There was no one present to speak in opposition to granting the variance request. Board Decision 1. Centerline Enterprises, et al, 1322/1324
Burnett Road a/k/a/1322 Inlet Point Road (through lot), are requesting a variance from the 80 ft. minimum lot width requirement of New Hanover County Zoning Ordinance, Section 52.5,
to create three lots out of two, one of which will have a 78.28 ft. width. Property is zoned R-15. Case No. ZBA-761. 2. On a motion by Mr. Lee and seconded by Mr. Malpass, the Board
voted unanimously to GRANT the variance request based on the findings of fact and other evidence presented. The third and last case before the Board was as follows: Slagle Holding, LLC,
7032 Market Street, is requesting a variance from the side building setback and planted buffer requirements of New Hanover County Zoning Ordinance, Sections 69.11 and 67-4, for a restaurant
abutting property zoned R-15. Property is zoned B-2. Case No. ZBA-762. The Chairman called Ms. Hines to give an overview of the case. Ms. Hines stated that this is a request for a variance
essentially for the purpose of tree protection. She said the property is located at 7032 Market Street and is presently vacant with several large live oak trees on it. Ms. Hines said
the property is zoned B-2 Highway Business and the property to the north on Market is zoned R-15 Residential, which imposes a building setback based on the building height. She said
in this instance, the ordinance dictates a setback of 2.75 times the building height and for half of that to be planted buffer or at least a minimum of 20 feet of planted buffer. She
said the plan shows the building being moved over towards the residential line for about 20 feet, and the
4 50-foot front setback confirms to the minimum requirement of the ordinance. Ms. Hines said the issue is the setback from the residential line and the buffer requirement along that
side. Mr. Furman called those to speak in favor of granting the variance request to come forward to be sworn or affirmed. He swore in Ms. Cindee Wolf. Ms. Wolf stated that she is representing
Brian Slagle of Slagle Holdings who intends to put a restaurant on this site. She said they could make this site work within the requirements of the ordinance because the ordinance has
a provision that states if you increase the size of your buffer you can decrease the size of your setback, accordingly. Ms. Wolf said with the 2.75 factor, the minimum yard buffer in
the B-2 district becomes 30 feet. She said the building is only 14 feet 6 inches high and therefore the combined buffer and setback works, however, it does affect the trees. She said
they want to set the restaurant on the 20-foot line instead of the 30-foot line. She said retention of the trees would enhance the value of the property and the aesthetics of any use
on it, therefore the lost of the trees would somewhat affect his reasonable return from the use of his site. She said the hardship is not only the significant trees worthwhile for saving,
but it is uncommon along this strip of land that there are still some residential property left. Ms. Wolf said Mr. Spicer owns and lives on adjacent property and they are willing to
work with him. Ms. Wolf said she does not believe there would be any monetary affect on his property by doing this project. She said they have been working with an arborist, but adding
that extra 10 feet would enhance the rate of success of not impacting the root system of the trees. Ms. Wolf said as far as being in harmony with the general purpose and intent of the
ordinance, most business property along this corridor have no specific side yard setback and they have to have the side setback because the property next door is residential. She said
the provision of a 10 foot high wooden opaque fence along with the required buffer yard plantings would satisfy the needs of both the buffering and reducing any impact the building would
have as long as someone lives in that house. She said the 20-foot is well in excess of fire codes for the type of proposed construction. She said they are asking the Board to grant their
variance request for up to 10 feet of building side yard setback with the condition that they install a 10-foot wooden opaque fence on that line. She said Mr. Spicer gardens on this
site and he needs to know when construction would start so he can coordinate the time of his plantings so they are not dug up during construction. Mr. Eckel asked where the dumpster
would be placed. Ms. Wolf pointed out on the drawing where the dumpster would be placed. She said they would probably eliminate a couple of parking spaces to accommodate the dumpster.
Ms. Wolf said they would put the fence on the 20-foot boundary and the plantings would go on the outside. She said there are some plantings along that border and they are getting a survey
to justify exactly whether some of the trees are on their side or Mr. Spicer side. Ms. Hines asked how many feet off the Market Street right-of-way would they place the fence. Ms. Wolf
said they would like it start at 50 feet but it would probably be 30 feet. Ms. Hines said she does not know how the Fire Marshall might feel about having a privacy fence right at that
building wall. She asked Ms. Wolf if she plans to have doors on that side.
5 Ms. Wolf said yes, there is actually a patio under that roof. Ms. Wolf proceeded to point out on the plans where the patio would be located. Mr. Furman called those to testify in opposition
to the Board granting the variance request to come forward to be sworn or affirmed. The Chairman swore in Mr. Lubin Jones. Mr. Jones stated that he lives across the street at 7035 Market
Street and he is interested in the trees because in the past, the trees could not be disturbed in order to build. Ms. Wolf pointed out on the drawing a dead tree that would be removed
and the other significant trees in the front and rear that would be protected. Mr. Eckel asked Mr. Jones if he would not be in opposition to the variance if the trees would remain. Mr.
Jones answered yes. Ms. Wolf said in the past other people tried to build a lot more on the site but could not because of the trees. She said they have been working with Jeffrey Workman
who is the lead arborist for the Landfall gulf course. She said he evaluated all the trees and suggested that the one dead tree be removed. Ms. Wolf said they will be checking with him
to score the roots and trim back some of the growth before construction starts. Board Deliberation Mr. Jones asked the Chairman if they could talk to Mr. Spicer. The Chairman swore in
Mr. George Spicer. Mr. Jones asked Mr. Spicer if it he is in agreement with the variance request as long as they install a 10-foot fence on both sides. Mr. Spicer said yes as long as
the fence does not block the view of his house. He said there is not a need for a fence to be on both sides because his other lot is vacant. Board Decision 1. Slagle Holding, LLC, 7032
Market Street, is requesting a variance from the side building setback and planted buffer requirements of New Hanover County Zoning Ordinance, Sections 69.11 and 67-4, for a restaurant
abutting property zoned R-15. Property is zoned B-2. Case No. ZBA-762. 2. On a motion by Mr. Jones and seconded by Mr. Malpass, the board voted to GRANT the variance based on the finding
of of fact with the following condition: a. To extend the existing fence along the northern property line
6 There being no further business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Executive Secretary Chairman