ZBA-7-05
1 MINUTES ZONING BOARD OF ADJUSTMENT July 26, 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 July 26, 2005. Members Present Michael V. Lee, Vice-Chairman Horace Malpass Brian Eckel Carmen Gintoli
Tim Fuller Ex Officio Members Present Holt Moore III, Assistant County Attorney Ann S. Hines, Executive Secretary Debra D. Wilson, Assistant Chief Zoning Enforcement Official Hattie
Moore, Clerk The meeting was called to order by the Vice-Chairman, Mr. Michael Lee. Mr. Lee 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 ve
thirty days in which to appeal any decision made by the Board to Superior Court. Mr. Lee said the only case before the Board tonight is Case No. 754 continued from the June Board Meeting,
and Case No. 755 has been withdrawn. He asked Ms. Hines if there were any portions of Case No. 754 that have been withdrawn. Ms. Hines said there are a number of aspects of it that have
been worked out. She said the telephone has been removed from the building, the travel trailer has been eliminated and the issue with the number of electrical outlets in the small outbuilding
has been resolved. Ms. Hines said the only remaining issue is the parking lot improvements and staff has been working diligently with the appellant to try and reach an agreement about
that portion. Ms. Hines added that they are optimistic but more time is needed. Mr. Lee called Mr. Matthew Nichols to speak before the Board. Mr. Nichols said he and Mr. Ken Shanklin
are representing the appellants. Mr. Nichols said on July 22, 2005, he faxed to the Chairman, Ms. Hines, Mr. Moore, Mr. Mason and Ms. Jennings a request for a continuance. He then presented
the original request to be placed in the record. Mr. Nichols said pursuant to the previous continuance, he and Tim Ward met with Ms. Hines and Mr. Holt Moore, Assistant County Attorney,
on Wednesday of last week and substantial progress was made in resolving both appeals. He said the Floodplain Regulation appeal was fully resolved, Mr. Ward
2 voluntarily removed the telephone, the outlet in the small out parcel building has been resolved, and they have made significant progress in getting the parking resolved. Mr. Nichols
said they are requesting a continuance until August to work out a few issues with County Engineering and County Planning. Mr. Lee asked if the County has any objections to this request
for a continuance. Ms. Hines said the County does not have any objections to the request. She said the appellant has shown a good faith effort to try and accomplish all the things he
expressed before this meeting but �
�on it until these things are ironed out. Mr. Nichols said Ms. Wilson was out to the property on Monday to inspect the lines and to see that
cooperation with them in resolving
these issues. Mr. Lee asked if there was anyone present that would like to speak in opposition to continuing this case. Mr. David Ward came forth and stated his name. He said that he
is an adjacent property owner and they have no objection to continuing the case. Board Decision 1. Timothy H. Ward and Donnie H. Ward, 1512 Burnett Road, are appealing the Inspection
Departmentcommercial
marina, and other matters. Property zoned R-15. Case No. ZBA-754. 2. On a motion by Mr. Malpass and seconded by Mr. Gintoli the Board voted to continue ZBA Case No. 754 to the August
23, 2005 meeting. All ayes. There being no further business before the Board, it was properly moved and seconded to adjourn the meeting. All ayes. Executive Secretary Vice-Vice-Chairman