ZBA 1-10
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
Complex, 230 Government Center Drive, in the Lucie Harrell Meeting Room, Wilmington, NC, on January 26, 2010. Members Present Members Absent Robert Cameron, Jr., Chairman Eric Hickman
Peyton Williams Tim Fuller, Alternate Noelle Winstead Peter DeVita, Alternate Justin M. Lewis Michael McCulley, Alternate Ex Officio Members Present Sharon J. Huffman, Assistant County
Attorney J. Steven Still, Acting Executive Secretary Jane Daughtridge, Planning and Zoning Manager Hattie Moore, Clerk The meeting was called to order by the Chairman, Mr. Robert Cameron,
Jr. Mr. Cameron 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
Mr. Cameron added that appellants have thirty days in which to appeal any decision made by the Board to Superior Court. It was properly
moved by Mr. Lewis and seconded by Ms. Winstead to accept the minutes from the December 22, 2009 meeting. All ayes THE FIRST CASE AND ONLY CASE BEFORE THE BOARD WAS AS FOLLOWS: Brian
and Rhonda Smith, 2800 Dirck Road are requesting a variance from the side setback requirements of New Hanover County Zoning Ordinance, Section 23: Definitions, to construct a new garage
on a corner lot. The property is zoned RA. Mr. Cameron swore in County staff Mr. J. Steven Still. He asked Mr. Still to give an overview of the case. First, Mr. Still introduced Ms.
Jane Daughtridge, Planning and Zoning Manager. Ms. Daughtridge said she would be observing tonight and would sit in on cases in the future. Mr. Still stated Mr. and Mrs. Smith are the
owners of the home located at 2800 Dirck Road. He said they are requesting to build a 24' x 24' detached garage within the side yard setback. Mr. Still said since the proposed garage
irequirement located in New Hanover County
Zoning Ordinance 59.5-He said the section which pertains to corner lot setback requirements is located in Section 23: Definitions of the New Hanover County Zoning
Ordinance. Mr. Still said Section 23: Definitions Lot Frontage states that
2 determining yard requirements for corner lots in Residential Districts, the minimum width of a side yard along an intersecting street shall
be fifty (50) percent greater than the minimum side yard requirements of the district in which the lot is located, or one-half (1/2) of the minimum front yard setback along the side
street, whichever is greater. He said the applicants state that to comply with the literal terms of the Ordinance would create a hardship and they have submitted proposed finding of
fact in support of the variance criteria. Mr. Still said he received one call from the neighbor to the rear of this property objecting to the garage, but not the location of the garage.
Mr. Cameron called for those to speak in favor of granting the variance request to come forward to be sworn or affirmed for testimony. Mr. Cameron swore in Mr. Brian Richard Smith and
Mrs. Rhonda K. Smith. Mrs. Smith said they would like a 2-car garage to house their vehicles and other items. She said this is the best location for the garage because behind the fence
is the repair area for their septic system. Mrs. Smith said she talked to her neighbors, showed them pictures of the propose project and they do not have a problem with it. She said
if they placed the garage closer to the house it would require removing the sidewalk and back gate; in addition, the house has a wrap-around porch and the garage would be right up against
that porch which would not look right. Mrs. Smith submitted photographs and letters of no objection signed by her neighbors. Mr. Williams asked if there was construction going on with
the porch. Mr. Smith said there are items on the porch but there is no construction going on. Mr. Cameron asked how long they have lived at this location. Mrs. Smith said 15 years. Ms.
Winstead asked how they determined that they would need a 24' x 24' garage. Mrs. Smith said with a 24' x 24' garage they can have two doors and a smaller garage would not be large enough
for the two vehicles, motorcycle, and other items they need to place in the garage. She said the roof will be designed to match the house, built in trusses for dormers and Hardie Plank
siding. Mr. Williams asked the reason they could not place the garage in the backyard. Mrs. Smith said one side is the septic repair area and the other side has their swimming pool.
Mr. Cameron asked if the back corner was 18 ft from the street. Mrs. Smith said yes and that is another reason they could not place the garage in the back because their lot lines goes
with the curve of the road. Mr. Cameron asked Mr. Still if it would be 20 ft if it was an interior lot and Mr. Still answered yes. Mr. Williams asked how close the fence would be to
the garage. Mr. Smith said maybe 1-2 feet.
3 Mr. McCulley asked if they have documentation confirming that the back yard is for the repair of the septic. Mrs. Smith said they do not have documentation but someone form Environmental
Health came out and approved the area for the septic. Mrs. Smith said she assumed that was the repair area because that is where the septic is located. Mr. McCulley said septic repair
areas are usually in a side yard area and he urged Mr. and Mrs. Smith to find out exactly where their repair area is located due to the age of the house. Ms. Winstead asked if the storage
building was on the lot when they purchased the house. Mrs. Smith said yes. The Chairman called for those to speak in opposition to granting the variance request to come forward to be
sworn or affirmed for testimony. There was no one present to speak in opposition to the variance request. PUBLIC HEARING CLOSED Board Discussion Mr. Cameron said it is an RA (Rural
Agriculture) zoned area with 30,000 sq ft. minimum lot sizes. He said this is a higher density area and zoning is a factor. Mr. McCulley said aesthetically it is not an eyesore. Mr.
Williams said if granted, a condition needs to be placed to state that the garage has to be built according to the plans submitted. He asked what would stop someone from using something
different than what is on the plans presented here tonight. Ms. Huffman said there is nothing in place to prevent anyone from putting something on exhibit that is going to be submitted
and made part of the record. She said conditions could be placed on the variance. Ms. Winstead said she is more comfortable approving the variance for 20 ft rather than 30 ft. and this
could be accomplished by narrowing it in the middle or moving it forward. Mr. Cameron asked if this lot was considered to have two front yards. Mr. Still said no; Dirck Road would the
front yard and Dekker Road would be the side yard. Mr. Cameron said it seems that the Board is in agreement that 30 ft is not the direction that they need to go. He asked Mr. and Mrs.
Smith to come forward to discuss an alternative. Mr. Smith said their contractor had arrived and they would prefer that he speak on that possibility. The Chairman swore in Mr. Kenneth
Earl Eason. Mr. Eason said the house is located in the back half of the lot and they chose that location to avoid having to tear up the sidewalk. He said they are trying to stay in line
with the house.
4 Mr. Cameron asked Mr. Eason about moving the garage forward. Mr. Eason said because of the arc of the road they would not be able to move it forward. Mrs. Smith said with the front
at 22 ft. and the back at 18 ft. even if they moved it up 2 ft that may or may not move it up to the 20 ft mark, however it would be up against the overhang. Ms. Winstead asked if they
considered having one door instead of 2 doors. She asked if they could work with a 22' x 24' garage. Mrs. Smith said they have two big trucks and a motorcycle. She said they need the
24' x 24' to accommodate the vehicles and still have room to move around in the garage. PUBLIC HEARING CLOSED Board Discussion Mr. Cameron said the first thing the Board needs to
decide is whether it is feasible to approve the variance if it encroaches beyond the 20 ft. side setback. Mr. Lewis said the hardship did not present itself and it would be better if
they could stay within the greater setbacks. Mr. Cameron said the front corner would be conforming but the the back would not. Ms. Winstead said she could see with the septic system
being in the back that they do not have a better option on the property where they could place the garage, but because they cannot meet the 20' setback is not a hardship but a preference.
Mr. Williams suggested turning it to face the driveway and make it 22' wide and 24' deep. The Chairman reopened the public hearings. Mrs. Smith suggested making it 28 x 22 which would
make it longer. A discussion ensued with the Board and Mrs. Smith. Following discussion Mr. Cameron said they can build into the 10' extra side yard but not beyond the 20' setback and
whatever they build in that extra 10' has to be architecturally similar to the plans submitted. He directed Mrs. Smith to have their architect make notations on the drawing to reflect
the changes, including the construction materials. Mr. Eason completed the changes and re-submitted the drawing to the Board. Board Decision 1. Brian and Rhonda Smith, 2800 Dirck Road
are requesting a variance from the side setback requirements of New Hanover County Zoning Ordinance, Section 23: Definitions, to construct a new garage on a corner lot. The property
is zoned RA. 2. On a motion by Mr. Williams and seconded by Mr. Lewis the Board voted unanimously to GRANT the variance request based on a 22' wide garage that will only encroach
into the 30' side setback.
5 There being no further business before the Board, it was properly moved by Mr. Williams and seconded by Mr. Lewis to adjourn the meeting. All ayes Acting Executive Secretary Chairman