ZBA 2-08
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 County Government Center,
230 Government Center Drive, Human Resources Training Room B, Wilmington, NC, on February 26, 2008. Members Present Members Absent Michael S. Jones, Vice-Chairman Michael V. Lee, Chairman
Dan Weldon Tim Fuller, Alternate Robert Cameron, Jr. Pete DeVita, Alternate Peyton Williams Carmen Gintoli Ex Officio Members Present Kemp Burpeau, Deputy County Attorney Ann S. Hines,
Executive Secretary J. Steven Still, Acting Executive Secretary Hattie Moore, Clerk The meeting was called to order by the Vice-Chairman, Mr. Michael S. Jones. Mr. Jones 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. He said the Board also hears appeals of the
days in which to appeal any decision made by the Board to Superior Court. It was properly
moved by Mr. Cameron and seconded by Mr. Weldon to accept the minutes of the January 22, 2008 meeting. 1 abstain (Mr. Gintoli) Mr. Jones said there were originally two cases for Whistler-Watermark
for tonight but the appellants for both cases have requested a continuance to the March 25, 2008 meeting date. Mr. Burpeau stated the counselor for those cases contacted him and indicated
they wanted the two cases continued to the March meeting. Mr. Jones called for a motion. Board Decision: 1. Whistler-Watermark, LLC, 8400 and 8444 River Road,
determination of August 13, 2007, that the single-family home exemption under the Conservation Overlay District provisions of the Zoning Ordinance is available
only to parcels created prior to December 1, 1984, as stated in Ordinance Section 59.4. Property is zoned R-15. Case No. ZBA-820.
2 2. Whistler-Watermark, LLC, 8400 and 8444 River Road, is seeking a variance from the Conservation Overlay District performance controls, in the event the preceding petition in Case
No. ZBA-820 is denied. Property is zoned R-15. Case No. ZBA-821. 3. On a motion by Mr. Cameron and seconded by Mr. Weldon, the board voted unanimously to continue the above 2 cases to
the March 25, 2008 meeting. Mr. Jones swore in County staff Ms. Ann S. Hines and Mr. J. Steven Still. THE FIRST CASE BEFORE THE BOARD WAS AS FOLLOWS: Timmy Wells, 309 Touchmenot Drive,
is requesting a variance from the rear yard setback requirement of the New Hanover County Zoning Ordinance, Section 53-2, to construct a detached garage. Property is zoned R-10. Case
No. ZBA-817. Mr. Jones called for those to speak to come forward to be sworn or affirmed for testimony. He swore in Mr. Timmy Wells. Mr. Jones called Ms. Hines to give an overview of
the case. Ms. Hines stated Mr. Wells, the homeowner at 309 Touchmenot Drive, got a building permit to build a 24' x 36' detached garage at his home. Ms. Hines said Mr. Wells was told
he needed to submit a more detailed site plan and he came back the same day with a site plan with setbacks marked on the plan that was not correct for his R-10 zoning district. She said
a building larger than 600 sq. ft. in footprint would need to meet the same setbacks as for the house, which would be 5 ft on the sides and 20 ft. on the rear and his site plan showed
a setback of 11 ft on the rear. Ms. Hines said Mr. Wells had already dug his footings at 11 ft. when the building inspector caught the error but when the building inspector went back
to recheck the rear setbacks he discovered that concrete had been poured. Ms. Hines said Mr. Wells is asking the Board for a variance to leave his building as positioned. She said there
is a case law in North Carolina that addresses what is and is not a self-imposed hardship. Ms. Hines said there were two cases in particular where it was found that variances can lawfully
be granted when the hardship resulted from either an error by a hired worker (i.e. error on a survey) or by government staff, which is the case here tonight. Mr. Williams asked if the
side setback was in compliance. Ms. Hines said the side setback exceeds the minimum requirement. Mr. Wells stated he was told the setbacks were 10 ft so he went to 11 ft. and proceeded
to dig the footers. He said after he got his permit the inspector came out and told him to add some threaded rods by the garage door but later that morning after they had poured the
concrete, the inspector came back and said he had forgotten to check the setbacks. Mr. Wells said the inspector then told him he was too close. Mr. Wells said he was given 3 options:
(1) scale it down, (2) move it forward, or (3) leave it where it is. Mr. Jones asked if it would be a slab. Mr. Wells said one-story monolith slab with a 10-foot ceiling. Mr. Gintoli
said one alternative would be to reduce the depth and pull the front of the building back.
3 Mr. Williams said that would be a lot of work especially to pull the concrete up. He said he talked to all his neighbors and none of them objects to his garage. Mr. Jones called for
those to speak in opposition to granting the variance request to come forward. There was no one present to speak on denying the variance request. Board Decision 1. Timmy Wells, 309 Touchmenot
Drive, is requesting a variance from the rear yard setback requirement of the New Hanover County Zoning Ordinance, Section 53-2, to construct a detached garage. Property is zoned R-10.
Case No. ZBA-817. 2. On a motion by Mr. Gintoli and seconded by Mr. Weldon the Board voted to GRANT the variance request based on the findings of fact. All ayes. THE SECOND CASE BEFORE
THE BOARD WAS AS FOLLOWS: Charles and Patricia Kroger, 125 Albemarle Road, are requesting a variance from the setback requirements of New Hanover County Zoning Ordinance, Section 52.5-2
to construct a garage/workshop on the lot behind their residence. Property is zoned R-10. Case No. ZBA-818. Mr. Jones called for those to speak to come forward to be sworn or affirmed
for testimony Mr. Jones swore in Mr. Charles Kroger. Mr. Jones called Mr. Still to give an overview of the case. Mr. Still stated Charles and Patricia Kroger of 125 Albemarle Road are
requesting a variance from the setback requirements of New Hanover County Zoning Ordinance, Section 52.5-2 to construct a garage/workshop on the lot behind their residence. He said the
property is zoned R-10 and they are requesting to build a 25' x 34' garage approximately 850 sq ft behind their residence. Mr. Still said the Zoning Ordinance requires a 5 ft side and
20 ft rear setback for an accessory structure of this size and under Section 62-1 of the Zoning Ordinance, smaller structures 600 sq. ft. or less are allowed a reduction of the setback
to 5 ft on the side and rear. He said Mr. Kroger is asking for an 8 ft reduction of the rear setback while he complies with the side setback and he has submitted findings of fact in
support of the variance. Mr. Still said there has not been any opposition from the neighbors regarding this project but a letter was received in support of the project and copies of
that letter were provided in the Board packages. Mr. Kroger stated one of the items that makes this different is that the subject property is on the edge of a residential development
and the adjoining properties to the rear are zoned Industrial. He said adhering to the 20 ft setback would cause the building to be crowed next to the existing swimming
poken to his adjoining neighbor, Ms. Angelique Nichols, who would
be most affected by the 5 ft setback and she provided a letter stating she would not object to the project. He said he also talked to Mr. Kirk Pigford who has the industrial property
located to the rear of this property. Mr. Kroger said from the rear property line to the house is 94 ft. and from the rear line to the existing swimming pool is 59 ft. Mr. Kroger said
he is asking for the setback to be reduced to 12 ft which would move the building back 8 ft and he would have better access of his yard from the driveway.
4 Mr. Cameron asked Mr. Kroger if the 600 sq ft around his building would be sufficient and Mr. Kroger said yes. Mr. Williams asked Mr. Kroger the use of his building. Mr. Kroger said
he likes to restore aircrafts and he currently has one in the garage with the wings folded up. He said the reason he is trying to increase the building is to allow for the wing span.
Mr. Jones asked if he has anything that verifies the height of the structure. Mr. Kroger said he has not applied for a building permit yet but he does have plans. Mr. Jones asked if
there had been any variances from anyone else in that area. Mr. Still said none that he could recall but the lots seems to be smaller in that area. Mr. Gintoli asked if there was a difference
in setback requirements for residential property that backs up to industrial zoned property. Mr. Still said not in setback requirements. He said if a building was being constructed in
the Industrial zone that backed up to residential, a stricter requirement would be applied to the the industrial property. Mr. Gintoli asked if there would be a height restriction. Mr.
Still said the requirement in R-15 is 35 ft and he is well under the requirement with 15 ft. Mr. Jones called for those to speak in opposition to granting the variance request to come
forward There was no one present to speak in opposition to the variance request. Board Decision 1. Charles and Patricia Kroger, 125 Albemarle Road, are requesting a variance from the
setback requirements of New Hanover County Zoning Ordinance, Section 52.5-2 to construct a garage/workshop on the lot behind their residence. Property is zoned R-10. Case No. ZBA-818.
2. On a motion by Mr. Williams and seconded by Mr. Weldon the Board voted unanimously to GRANT the variance request. THE THIRD AND LAST CASE BEFORE THE BOARD WAS AS FOLLOWS: J. David
Boynton, 4132 Lockwood Drive, is requesting a variance from the setback requirements of New Hanover County Zoning Ordinance, Section 52.5-2 to construct a garage/workshop on the lot
behind his residence. Property is zoned R-15. Case No. ZBA-819. Mr. Jones called for those to speak to come forward to be sworn or affirmed for testimony. Mr. Jones swore in Mr. David
Boynton.
5 Mr. Jones called Mr. Still to give an overview of the case. Mr. Still stated Mr. David Boynton of 4132 Lockwood Drive, is requesting a variance from the setback requirements of New
Hanover County Zoning Ordinance, Section 52.5-2 to construct a 24' x 36' garage/workshop on the lot behind his residence and the property. He said the property is zoned R-15 and the
garage would be approximately 864 sq. ft. Mr. Still said the Zoning Ordinance requires a 10' side setback and a 20' rear setback for an accessory structure of this size and in the case
of smaller accessory structures, Section 62-1 allows a setback reduction of 5 ft. on the side and rear. Mr. Still said Mr. Boynton states that a 600 sq. ft. garage will not allow him
sufficient area for his intended utilization. He said Mr. Boynton has submitted findings of fact in support of his variance criteria along with a site plan showing the intended location
of the garage. Mr. Still added that he has not received any communication from the neighbors in favor of or in opposition to this variance request. Mr. Boynton said he just wants to
build a bigger garage. has been in existence for at least 10 years. Mr. Boynton said he
wants to build a garage similar in size �
� Tree apartments, which are projects, are behind his property and is very noisy. Mr. Boynton said he wants to block the view of the apartments and
the bigger the garage the better. He said he wants 20' x 24' for cars and 12' x 24' for storage and also plans to place a fence. Mr. Jones asked if the section is cleared where he plans
to build. Mr. Boynton said it is cleared of pine trees. Mr. �
� Mr. Boynton said his garage would be higher because even if he went with the exact height of his , his would still be at least 4 ft higher. Mr. Gintoli
asked Mr. Boynton how he planned to access the garage. He noted a photograph showing a driveway on the right side of the house. Mr. Boynton said the driveway will line up with the garage.
A discussion ensued with Mr. Boynton and the Board as Mr. Boynton pointed out and explained various items on his drawings and photographs. Mr. Cameron asked Mr. Boynton if the garage
were moved to be in compliance with the Ordinance, would that affect the water and sewer lines. Mr. Boynton said it would be close to the drain lines. Mr. Gintoli said this is a self-imposed
hardship and the Ordinance does not address aesthetics. Board Decision 1. J. David Boynton, 4132 Lockwood Drive, is requesting a variance from the setback requirements of New Hanover
County Zoning Ordinance, Section 52.5-2 to construct a garage/workshop on the lot behind behind his residence. Property is zoned R-15. Case No. ZBA-819.
6 2. On a motion by Mr. Weldon and seconded by Mr. Williams the Board voted to GRANT the variance request. 4 ayes, 1 nay (Gintoli) There being no further business before the Board, it
was properly moved and seconded to adjourn the meeting. All ayes. Acting Executive Secretary Chairman