ZBA-3-07
1 MINUTES ZONING BOARD OF ADJUSTMENT 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 Center, 230
Government Center Drive, Suite 110, Wilmington, NC, on March 27, 2007. Members Present Members Absent Mike Furman, Chairman Carmen Gintoli, Alternate Michael Lee Tim Fuller, Alternate
Brian Eckel Peter DeVita, Alternate Michael Jones Dan Weldon Ex Officio Members Present Sharon Huffman, Assistant County Attorney Ann S. Hines, Executive Secretary J. Steven Still, Assistant
Chief Zoning Enforcement Official 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 by Mr. Jones and seconded by Mr. Lee to accept the minutes
of the February 27, 2007 meeting. All ayes. The Chairman swore in County staff, Mr. Steven Still. THE FIRST CASE BEFORE THE BOARD WAS AS FOLLOWS: Jacqueline S. Wade, 1922 Masons Bluff
Court, is requesting a variance from the front setback requirements of New Hanover County Zoning Ordinance, Section 51-2 to renovate an existing residence. Property is zoned R-20S. Case
No. ZBA-802 Mr. Furman called Mr. Still to give overview of the case. Ms. Still stated that Mr. James Wade and Mrs. Jacqueline S. Wade of 1922 Masons Bluff Court are requesting a variance
from the front setback requirements of New Hanover County Zoning Ordinance, Section 51-2 to renovate an existing residence in the R-20S zoned district. Mr. Still stated Mr. and Mrs.
Wade were issued a building permit to construct a new personal residence at 1922 Masons Bluff Court. He said the Zoning Ordinance requires a 30 foot front setback from the right of way
and the site plan submitted with the application shows the front steps to be located outside of the 30 foot front setback. Mr. Still said an as-built survey of the property shows that
the builder states he has only built homes in
2 Carolina Beach where front steps are allowed within the front setback. Mr. Still said when this building was laid out it was placed closer to the street than what was approved on the
building permit. Mr. Furman called for those to speak on granting the variance request to come forward to be sworn for testimony. The Chairman swore in Mr. James Wade. Mr. Wade stated
that this came about because he erroneously assumed that the rules in New Hanover County were the same as in Carolina Beach where steps can intrude into the setback. Mr. Wade said the
architect felt that the house was very imposing for the neighborhood and asked that the house be graded with a 3 foot berm at the front porch so the house would appear lower from the
street. Mr. Wade said they did what the architect asked and also placed the pilings. He said the framer informed them that the County would want the water to run away from the house
and that the berm would cause the water to run towards the house. He said they re-graded the berm away from the house but that caused the steps to lengthen by approximately five feet
because the elevation where the bottom step would be was now 3 feet lower than before. Mr. Wade said when the mason wanted to install some pillars, he called the Building Inspector and
that is when Burt Billings informed him that steps cannot intrude into the setback. Mr. Furman asked if the neighbors had been notified and Mr. Still said all neighbors were notified.
Mr. Furman asked if there were any opposition from any of the neighbors. It was pointed out that there were 2 letters in the package from neighbors opposing the variance. Mr. Furman
called for those to speak in opposition to granting the variance request to come forward to be sworn for testimony. There was no one present to speak in opposition to granting the variance
request. Board Decision 1. Jacqueline S. Wade, 1922 Masons Bluff Court, is requesting a variance from the front setback requirements of New Hanover County Zoning Ordinance, Section 51-2
to renovate an existing residence. Property is zoned R-20S. Case No. ZBA-802 2. On a motion by Mr. Eckel and seconded by Mr. Lee, the Board voted unanimously to GRANT the variance based
on the findings of fact with the condition that no other structure can intrude into that setback area. All ayes. THE SECOND AND LAST CASE BEFORE THE BOARD WAS AS FOLLOWS: Rite Lite Signs,
Myrtle Grove Village Shopping Center, Carolina Beach Road, is requesting a variance from the maximum size restrictions of New Hanover County Zoning Ordinance Section 94-4 (2) to erect
a 566.22 sq. ft. wall sign for The Home Depot. The property is zoned B-2. Case No. ZBA-803
3 Since there was no one present to speak in favor of or in opposition to this case, the Board made the following decision: Board Decision: 1. Rite Lite Signs, Myrtle Grove Village Shopping
Center, Carolina Beach Road, is requesting a variance from the maximum size restrictions of New Hanover County Zoning Ordinance Section 94-4 (2) to erect a 566.22 sq. ft. wall sign for
The Home Depot. The property is zoned B-2. Case No. ZBA-803 2. On a motion by Mr. Lee and seconded by Mr. Eckel the Board voted unanimously to CONTINUE this case to the April 24, 2007
meeting. Board Business Ms. Hines asked to address the Board concerning times when there has not been enough members
procedures on Boards and Commissions, which relates to unexcused absences.
She read the last sentence of the paragraph: Excused absences are defined as absences caused by events beyond �
�Ms. ition
and the Board can set their own standards and procedures, as they see fit, consistent with the County standard. Ms. Hines said she would like the Board to decide on the following: what
works and what does not work at what time is a reminder needed before a meeting what is needed to get an alternate lined up for a meeting
getting packages in a timely manner how much advance time is needed to be excused what is defined as excusable and non-excusable absences Ms. Lee said when he was with the City, they
would assign an alternate in case a regular member
need to be notified of a pending absence. Ms. Hines said staff would like at l�
�been structured to cover having an alternate at the meetings just in case a regular member did not show up. She suggested having an alternate
on call. Mr. Lee said the Board should resolve to put together a policy that can be added to Board of Adjustment rules. After discussion, it was decided that Mr. Lee and Mr. Furman will
get together to work on a proposal. Mr. Lee will get an initial draft together and should have something to report at the next meeting.
4 There being no further business before the Board, it was properly moved by Mr. Lee and seconded by Mr. Eckel to adjourn the meeting. All ayes. Executive Secretary Chairman