ZBA 4-10
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 Human Resources Training Room B, Wilmington, NC, on April 27, 2010. Members Present Members Absent Robert Cameron, Jr., Chairman Noelle Winstead
Eric Hickman Peyton Williams Justin M. Lewis Michael McCulley, Alternate Peter DeVita, Alternate Tim Fuller, Alternate Ex Officio Members Present Sharon J. Huffman, Assistant County
Attorney Jane Daughtridge, Planning and Zoning Manager Sam Burgess, Planner J. Steven Still, Acting Executive Secretary 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 Mr. Hickman to accept the minutes from the February 23, 2010 meeting. All ayes Mr. Cameron informed the appellants that the Board tonight
consists of 4 members instead of 5 and all 4 members would have to vote yes in order to grant the request. He gave them the opportunity to continue their case to the May 25 meeting.
Case No.ZBA-851 for Mr. Thomas Reeves, 8200 Lantana Lane opted to have their case heard at the May 25 meeting. Mr. Cameron swore in County staff Mr. J. Steven Still and Mr. Sam Burgess.
The Chairman then called Mr. Still to give an overview of the case. THE FIRST CASE BEFORE THE BOARD WAS AS FOLLOWS: Norman and Sheila Mullinax, 122 and 126 Heritage Park Drive are requesting
a variance from the minimum lot size requirements of New Hanover County Zoning Ordinance Section 59.2-4, to combine two legal non-conforming lots into one non-conforming lot. Property
is zoned AR. Case No. ZBA-850
2 COUNTY OVERVIEW: Mr. Still stated the applicants are requesting a variance from the minimum lot size requirements of New Hanover County Zoning Ordinance Section 59.2.4 to combine two
legal non-conforming lots into one non-conforming lot. Mr. and Ms. Mullinax are the owners of the properties located at 122 and 126 Heritage Park Drive in the Wrightsboro area of New
Hanover County and these two addresses were created prior to zoning and would be considered legal non-conforming lots of record in regards to their dimensional deficiencies. New Hanover
County Zoning Ordinance, Section 59.2.4 states the dimensional requirement of the AR zoning district is to contain a minimum lot area of 43,560 square feet, and currently each of the
two lots contains 20,216 square feet which is 23,344 square feet under the minimum requirement. The proposed combination of the two properties would result in a single parcel with 40,432
square feet which would be 3,128 square feet under the minimum requirement. He has not received any opposition from any of the adjacent property owners and the appellants have submitted
proposed findings of fact in support of their case. Mr. Still then ran a PowerPoint presentation in support of his overview which showed the property, aerial photographs of the property,
and roadways 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. Norman Curtis
Mullinax and Mrs. Sheila Berg Mullinax. Mr. Mullinax stated they just wanted to combine two lots in order to build a residence. He said when they bought the lot they thought sewer was
coming so it was not an issue. Mr. Cameron asked if they obtained a permit. Mrs. Mullinax said the field pad was issued but they did not have a septic permit. Mr. Cameron asked when
the property was purchased. Mrs. Mullinax said March 12, 2008. Mr. Still said both lots are legal nonconforming and combining them would make it less nonconforming. 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. Lewis asked if they were able to build on both lots. Mr. Still said it would be difficult and the septic would be an issue. Mr.
Hickman added that the septic would need calculations for the number of bathrooms. Mr. Mullinax said one of the lots will not perk.
3 Mr. DeVita said the general purpose of the AR zoning district is to minimize number of residences in the vicinity of the airport. Board Decision 1. Norman and Sheila Mullinax, 122
and 126 Heritage Park Drive are requesting a variance from the minimum lot size requirements of New Hanover County Zoning Ordinance Section 59.2-4, to combine two legal non-conforming
lots into one non-conforming lot. Property is zoned AR. Case No. ZBA-850 2. On a motion by Mr. DeVita and seconded by Mr. Lewis the Board voted unanimously to GRANT the variance request
with the changes to the findings of fact. THE SECOND AND LAST CASE BEFORE THE BOARD WAS AS FOLLOWS: Barry and Karen Thompson, 111 Brookgreen Road are requesting a variance from the minimum
lot size requirements of New Hanover County Zoning Ordinance Section 59.5-2, to combine three legal non-conforming lots into one conforming lot and one legal non-conforming lot. Property
is zoned RA. Case No. ZBA-852 COUNTY OVERVIEW: Mr. Still stated Mr. and Ms. Thompson are the owners of the properties located at 111 Brookgreen Road in the Castle Hayne area of New Hanover
County. The three parcels were created prior to zoning and would be considered legal non-conforming lots of record in regards to their dimensional deficiencies. New Hanover County Zoning
Ordinance, Section 59.5-2 states the dimensional requirement of the RA zoning district to contain a minimum lot area of 30,000 square feet. Currently existing lots 33 and 34 contain
20,000 square feet each and lot 35 contains approximately 18,606 square feet. On average each of the existing lots are 10,500 square feet under the minimum requirement. The proposed
combination of the three properties into two would result in parcel 34-R containing 35,941.9 square feet and parcel 35-R containing 22,664.9 square feet. This proposed combination would
result in lot 34-R meeting the minimum square footage requirements and lot 35-R containing 7,336 square feet under the requirement. Also, existing lot 35 contains a residential structure
which is approximately 8 feet off of the northeastern property line. Rural Agricultural zoning states that the minimum side yard setback is 15 feet from the property line. New Hanover
County Building inspectors approved the location of the building during construction. Staff can only speculate on how the discrepancy was overlooked. Because of this discrepancy the
structure on lot 35 would be in violation of side setback regulations. Mr. Still ran a Power Point presentation in support of his summary which showed the subject property, aerials of
the property, roadways, and the structures. The Chairman 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 Karen Thompson, Barry Thompson and Bob Jones, Jr. Mr. Thompson stated he did not know the lots were rezoned; he thought there were 3 lots. He said he was told they could
not subdivide but they want to have two separate lots. Mr. Cameron asked Mr. Thompson when the lots were ac
quired; 4 Mr. Thompson replied in 1983 and the house was built in 1986. Mr. Cameron asked if there was a permit for house. Mr. Still said a permit was applied for and site plan submitted.
He said that is when the mistake was discovered. Mr. Cameron asked Mr. Thompson if he wants to correct setback the issues in order to build. Mr. Thompson said yes, because he did not
know until he talked to the surveyor that he could not subdivide. He said they have well and septic in the new house but no power. Mr. Cameron asked if it would be expensive to move
the house. Mrs. Thompson said it is too far along to consider moving the house. Mr. DeVita asked how the existing structure was built on both lots. Mr. Still said they are allowed to
build on the lot line if it is common ownership. He said this is a violation setback where one is conforming and one is less conforming. Mr. Bob Jones stated they are not trying to subdivide
at this time. He said they are trying to recombine in order to correct the setback issue and be be closer to being in compliance. 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 granting the variance request. PUBLIC HEARING
CLOSED Board Discussion Mr. Cameron said it would be a hardship to move the house. Mr. DeVita asked if they considered moving the dividing lot line 10 ft. Mr. Jones said there would
not be enough for three lots if they moved the dividing line 10 ft. Mr. Cameron asked if they plan to construct anything else on the lot. Mr. Still said they have no plans of building
anything other than an accessory outbuilding. Board Decision: 1. Barry and Karen Thompson, 111 Brookgreen Road are requesting a variance from the minimum lot size requirements of New
Hanover County Zoning Ordinance Section 59.5-2, to combine three legal non-conforming lots into one conforming lot and one legal non-conforming lots. Property is zoned RA. Case No. ZBA-852
2. On a motion by Mr. DeVita and seconded by Mr. Lewis the Board voted unanimously to GRANT the variance request based on the findings of fact and other evidence presented.
5 There being no further business before the Board, it was properly moved by Mr. Hickman and seconded by Mr. Lewis to adjourn the meeting. All ayes Acting Executive Secretary Chairman