6505 CBch Rd Variance AppPage 1 of 5
Variance Application – Updated 05-2021
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
ZONING & SUBDIVISION VARIANCE APPLICATION
This application form must be completed as part of a request for a zoning and/or subdivision variance. The application
submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of
applications for a variance are outlined in the flowchart below. More specific submittal and review requirements, as
well as the standards to be applied in reviewing the application, are set out in Section 10.3.11 of the Unified
Development Ordinance.
Public
Hearing
Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Staff Report
3
Public Hearing
Scheduling &
Notification
:
Advisory Body Review & Action
4
Board of
Adjustment
Hearing &
Decision
5
Post-Decision
Limitations and
Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
cwolf@lobodemar.biz
Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
Ernest F. Faison, II
6505 Carolina Beach Road
Wilmington, NC 28412
pokermike59@gmail.com
910-232-0303 (Contact: Mike Pederson)
(Contract Purchaser)
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Variance Application – Updated 05-2021
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s)
3. Proposed Variance Narrative
Subject Zoning Regulation, Chapter and Section
In the space below, please provide a narrative of the application (attach additional pages if necessary).
6505 Carolina Beach Road 313206.39.4885 / R08200-002-001-000
0.92 ac. R-15 (Proposed (CZD) B-2
Variance request from Unified Development Ordinance (UDO) Article 3.1.3.C.1. - Interior Side
and Rear Setbacks fro Residential Properties.
The prescribed setback is thirty feet (30'), but the existing structure is located only fifteen and
nine tenths feet (15.9') from the side boundary line. A variance for a fifteen-foot (15') reduction
of the side setback is requested to allow for adaptive re-use of the existing structure.
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Variance Application – Updated 05-2021
CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE
The Board of Adjustment may grant a variance if it finds that strict application of the ordinance results in
an unnecessary hardship for the applicant, and if the variance is consistent with the spirit, purpose, and
intent of the ordinance. The applicant must explain, with reference to attached plans (where applicable),
how the proposed use meets these required findings (attach additional pages if necessary).
1. Unnecessary hardship would result from strict application of the ordinance. It shall not be necessary to
demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the property, such as location, size or topography.
Hardship resulting from personal circumstances, as well as hardships resulting from conditions that area common
to the neighborhood or general public, may not be the basis for granting a variance.
A hardship would result from strict application of the prescribed setback because it would
require demolition of the existing structure, and new construction to meet the larger
setback.
The hardship results from the desire for adaptive re-use of an existing structure. The
property is currently zoned for residential use, and the structure is conforming to that zoning
district's setback. However, the proposed rezoning to use the structure for commercial use
would create a non-conforming situation.
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Variance Application – Updated 05-2021
3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing
property with knowledge that circumstances exist that may justify the granting of a variance shall not be
regarded as a self-created hardship.
4. The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public
safety is secured, and substantial justice is achieved.
Again, the hardship to the property owner would be the necessity to remove a perfectly
good structure, rather than adapting it for a different use.
Approval of the requested variance would allow the adaptive re-use of an existing structure.
The existing side property setback meets all building code regulations, and that yard will
include a vegetated buffer for the visual screening and physical separation from the adjacent
residential use.
Allowing some latitude to this specific requirement, on this particular parcel, would not
adversely affect the spirit, purpose or intent of the Ordinance, nor pose a public safety issue.
Approval of a variance for a reduced setback would provide substantial justice for the
property owner to pursue reasonable use of the existing structure.