ZBA 9-11
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 Conference Room, Wilmington, NC, on Tuesday, September 27, 2011. Members Present Members Absent Robert Cameron, Jr., Chairman
Joe Miller, Alternate Eric Hickman Michael McCulley, Alternate Noelle Winstead John Stanton, II, Alternate Peter DeVita Justin Lewis Ex Officio Members Present Sharon Huffman, Assistant
County Attorney Andrew Olsen, Attorney J. Steven Still, Acting Executive Secretary Hattie
Moore, Clerk The meeting was called to order at 5:36 P.M. by the Chairman, Mr. Robert Cameron, Jr. Mr. Cameron explained that the Zoning Board is a quasi-judicial board appointed by
the Board of Commissioners to consider zoning ordinance variances from residents in New Hanover Hanover County, where special conditions would create unnecessary hardships. He said the
Zoning Board also hears appeals of r. 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. DeVita and seconded by Ms. Winstead to accept
the minutes from the March 22, 2011 minutes. All ayes. Mr. Cameron swore in County staff Mr. Steven Still and Mr. Chris . FIRST AND ONLY CASE BEFORE THE BOARD WAS AS FOLLOWS:
David P. and Violet N. Ward, 1508 Burnett Road, have appealed revisions made to Special Use Permit #13 for a commercial marina at 1512 Burnett Road. Property is zoned R-15. Case No.
ZBA-861 Mr. s Overview: In the past several years, this Board, as well as the Planning Board and the County Commissioners have considered many appeals and proposals concerning
this property, filed by both the marina property owner and by neighbors. The special use permit for this marina project in a residential district was originally approved in 1971. From
2002 to 2008, the applicant has applied for several major modifications and a few minor modifications for the project. In most of the major modification cases, the Planning Board and
the commissioners have denied the requests. In June, 2008, another application was filed for dry stack storage and forklift pier under case number S-582 (also known as S-13). That request
was denied by the County Commissioners in July, 2008. Subsequently, in August 2008, Carolina Yacht Club and Marina LLC filed a Petition for Writ of Certiorari to Superior Court which
2 was approved which essentially reversed the order of the New Hanover County Commissioners and issued approval of the major modification of S-582 to include dry stack storage of boats
and a forklift pier. At that point the site plan dated 12/16/09 was established as the current valid site plan. On January 22nd, 2010 Carolina Yacht Club and Marina LLC filed for a minor
modification to address technical issues related to the site plan for New Hanover County Fire Services, Coastal Area Management Act (CAMA) and New Hanover Planning and Inspections, with
its approval by the Planning & Inspections Director and Senior Compliance Official being uncontested. On June 16th 2010 Carolina Yacht Club and Marina LLC submitted another minor modification
to the site plan to meet current CAMA regulations and to address an accretion of sand on the adjacent side of the Intracoastal Waterway. This modification was approved by the Planning
& Inspections Director and the Senior Compliance Official on June 22, 2010. David P. and and Violet N. Ward appealed the approval to the New Hanover County Zoning Board of Adjustment
on August 25, 2010. The appeal was denied and the June 22, 2010 site plan became the only valid plan for the project. On August 16, 2011 Mr. Tim Ward applied for another minor modification
to the June 22, 2010 site plan. The Planning Director (as he is now the Planning and Inspections Director) is granted discretionary authority to approve changes in special use permits
in certain conditions. The New Hanover County Zoning Ordinance section 71-1 (9) states that: (1) The original applicant(s), their successors or their assignee may make minor changes
in the location and/or size of structures provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Planning Department and upon favorable
recommendation by the Planning Director may be approved by the Superintendent of Inspections. Such approval shall not be granted (emphasis added) should the proposed revisions cause
or contribute to: (A) A change in the character of the development. (B) A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, or (C) A
reduction in the originally approved setbacks from roads and/or property lines. (5/4/81) The changes identified on the August 16, 2011 site plan by Carolina Marina and Yacht Club, LLC
include: a) Floating dockage linear extension past 1/4 water body b) Removal of L shaped section of northernmost floating dock c) Square footage modification of dock attendant station
This minor modification was approved on August 23, 2011 by Planning & Inspections Director Chris
In the process of applying for the special use modification Mr. Tim Ward is also concurrently applying for a necessary variance from the Coastal Resource Commission for the floating
dockage extension past the 1/4 water body width to an area approximately 27 feet from the boundary of the 1/3 water body width to achieve greater water depth, reduce the impact on primary
nursery areas and to eliminate the trigger closing of shell fish sanitary areas. modification of
the special use permit is contingent on the Coastal Resource Commission variance approval. Should the Coastal Resource Commission deny the variance request the plan approved on August
23, 2011 will become invalid and the approval will revert back to the June 22, 2010 plan.
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�or contribute to a change in character of the development, would not increase the hazards to pedestrian and vehicle traffic circulation, and does not reduce any previously approved
setbacks. On September 2, 2011 David N. and Violet P. Ward filled an appeal to The New Hanover County Board of Adjustment because they feel that the minor modification was issued in
error. The decision that the board must make is: Did staff err by approving the August 23, 2011 changes as minor modifications? The Board is reminded that a four-fifths majority vote
is needed to overturn a staff determination. Counsel to the Board will respond to any questions the Board may have as to procedure or as to the form of its decision in this case. Mr.
Still concluded by stating that all interested parties had been notified, as per the list of neighboring property owners provided by the Appellant. �
�Two 2010 approved site plans, plan showing an L-shaped pier extension, approved site plan of L-shaped pier extension after it was removed,
the current site plan, and various photographs of the property. Mr. Cameron asked Mr. Still if BOARD DECISION 1. . There being no further business before the Board, it was properly moved
by Mr. DeVita and seconded by Ms. Winstead to adjourn the meeting. 7:35 P.M. Acting Executive Secretary Chairman