ZBA-5-05
1 MINUTES ZONING BOARD OF ADJUSTMENT May 24, 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 County
Administration Annex Building, 230 Market Place Drive, Suite 110, Wilmington, NC, on May 24, 2005. Members Present Mike Furman, Chairman Michael V. Lee, Horace Malpass Michael S. Jones
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. Mr. Furman
informed everyone present that there were only four members on the Board tonight instead of five and all cases would require a unanimous decision by this Board. Mr. Raney, attorney for
the first case, said they would like to continue their case with the four Board members. It was properly moved and seconded to approve the minutes of the April 2005 Board meeting. The
Chairman swore in County staff Ms. Ann S. Hines. The first case to be brought before the Board was as follows: Ms. Nan Shirley Heinbaugh, 17 Comber Road, Figure Eight Island, is requesting
a variance from the side yard setback requirements of New Hanover County Zoning Ordinance, Section 51-2 for an existing residence. Property is zoned R-20S. Case No. ZBA-753. Mr. Furman
called Ms. Hines to give an overview of the case. Ms. Hines stated that the beachfront property is owned by Ms. Nan Shirley Heinbaugh. She stated that the house was built in 1984 and
there was a slight error of .7 of a foot in placing the house on the lot and so it intrudes .7 foot into the sideline setback. Ms. Hines said this variance request is
2 similar to some others the Board has heard over the last few years and it has tended to be the result of surveying practice changes. She explained that surveyors would measure the
distance to the pilings and discount the other portions of the house that extended out farther than the pilings. Ms. Hines said the owner is seeking a variance and Mr. Bill Raney is
representing Ms. Heinbaugh. The Chairman called for those to speak in favor of granting the variance request to come forward to be sworn or affirmed. Mr. Furman swore in Mr. William
Raney. Mr. Raney stated that he is with the law firm of Wessell and Raney and is representing Ms. Heinbaugh in this variance request. He said there are two additional items that he would
like to submit: 1) A signed statement from all four of the adjoining property owners indicating that they have no objection to the granting of the variance request and, 2) A letter of
no objection from the Figure Eight Homeowners Association. He explained that the 20 ft beach access, which joins the property on the north, is actually owned by the Figure Eight Homeowners
Association and they were not included in the original notification letters but were notified later. Mr. Raney read their letter of no objection to the variance request and then submitted
it into record. Mr. Raney pointed out the 20 foot access easement on a survey map which he said shows that there is a much greater than normal separation between structures along that
sideline and would be more than 34 feet from the neighboring lot. Mr. Raney then addressed the four findings of fact: 1.
he ordinance, specifically Section(s) 51-2 (side yard), she cannot secure a reasonable
return from, or make reasonable use of, her property. This conclusion is based on the following FINDINGS OF FACT: Mr. Raney said compliance even with an 8-inch encroachment would be
a a significant structural impact on the house. He said the house is non-conforming as far as CAMA setback requirements and the reconstruction of the house would not be allowed in that
location. He said that would make the property worthless if nothing could be built on it. 2.
�
�following FINDINGS OF FACT: Mr. Raney said the hardship arises mostly from the erosion issue as well as the lack of understanding
of the construction process. He said Ms. Heinbaugh did not own the property at the time of construction and she is not at fault. 3. �
�f granted, the hardship is not the result of the �
� Mr. Raney said the hardship arises mostly from the erosion issue and the lack of understanding of the construction process and not the fault of Ms. Heinbaugh.
3 4. general
purpose and intent of the ordinance and will preserve its spirit. This conclusion is based on the following FINDINGS OF FACT: Mr. Raney said the house has been there for a number of
years without any apparent objection from anyone and the encroachment is very insignificant in terms of distance adjacent to the 20-foot beach access easement. The Chairman called for
those to speak in opposition to granting the variance request to come forward to be sworn or affirmed. There was no one present to speak on denying the variance request. Board Deliberation
Mr. Furman asked how this was discovered. Mr. Raney said during the pending sale of the property the buyers were given a previous survey that showed the side setback of 14.3 feet instead
of 15 feet. Mr. Furman asked what actually encroaches.
that extend beyond the pilings. Board Decision 1. Ms. Nan Shirley Heinbaugh, 17 Comber Road, Figure Eight Island, is requesting a variance from the side yard setback requirements
of New Hanover County Zoning Ordinance, Section 51-2 for an existing residence. Property is zoned R-20S. Case No. ZBA-753. 2. On a motion by Mr. Lee and seconded by Mr. Jones the Board
voted unanimously to GRANT the variance request. The second cases to be brought before the Board was as follows: Timothy H. Ward and Donnie H. Ward, 1512 Burnett Road, are appealing
the Inspection co
mmercial marina, and other matters. Property zoned R-15. Case No. ZBA-754. Timothy H. Ward and Donnie H. Ward, 1512 Burnett Road, are appealing the Inspection
Floodplain Regulations. Property
zoned R-15. Case No. ZBA-755. Board Decision On a motion by Mr. Lee and seconded by Mr. Jones, the Board voted unanimously to continue these two cases to the next meeting on June 28,
2005.
4 There being no further business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Executive Secretary Vice-Chairman