Wilmington Development News
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City Council June 16, 2026
Published: Jun 16, 2026
Board Rejects Staff Definition of 'Outdoor Amplified Sound', Citing Absurd Results
The Board of Adjustments heard appeals regarding the interpretation of 'outdoor amplified sound' in the Land Development Code (LDC). Staff, through Planning Director Linda Painter, provided an interpretation defining amplified sound as any sound increased by electrical power, applicable to equipment operated by a business, including outdoor speakers and structures like pergolas. This interpretation was requested by a business owner. The interpretation does not define 'outdoor amplified sound' but draws from the noise ordinance and dictionary definitions. References within the LDC to outdoor amplified sound trigger setback requirements (200-1000 ft from residential zoning). The appellant's representative, Grady Richardson, argued the interpretation was flawed because it arbitrarily excluded non-electrically amplified sound (like acoustic music) while prohibiting all electrically amplified sound, even if below noise ordinance levels or from approved equipment like an LED screen. He contended this created absurd results and was inconsistent with the noise ordinance. The city attorney, Sean Evans, argued staff followed the correct process and the interpretation is reasonable, stating application issues are a separate, legislative matter. The board expressed concerns about the definition leading to absurd results and the lack of context with the noise ordinance. Ultimately, the board voted unanimously to reject the definition and remand it back to the city for revision, citing the 'absurd results' criterion.
Board Grants Variance for Bulkhead at 402-403 Summer Rest Road
The Board of Adjustments reviewed a variance request for 402 and 403 Summer Rest Road, seeking to allow a new bulkhead within the conservation resource setback. Staff indicated the property has a significant elevation change creating a steep bank, and the proposed bulkhead would be located above the wetland boundary. A CAMA (now NCDCM) permit for the demolition and reconstruction of a private pier and docking facility was issued on April 8th, 2026, and a modification for the new bulkhead was requested. The applicant's agent, Jason Dale, explained the 'piano key' pattern of bulkheaded and unbulkheaded lots along the road and the intent to stabilize the shoreline and create usable space. Concerns were raised about the impact on neighboring properties and potential exacerbation of erosion due to water flow concentration. The board discussed the role of CAMA's expertise and ultimately approved the variance, noting the necessity for stabilization and the prevention of stormwater runoff into wetlands.
Variance Denied for 6-Foot Fence Exceeding Front Yard Height Limit at 306 Anderson Street
The Board of Adjustments denied a variance request for a 6-foot fence at 306 Anderson Street, which exceeded the 4-foot height limit for front yards in the R5 district. The property is a corner lot with street frontage on both Anderson Street and Grace Street, requiring front yard setbacks along both. Staff received a complaint on March 6th, 2026, and issued a notice of violation on March 10th, 2026, for the fence constructed in the front yard along both street frontages. The applicant, Adam Stone, stated the 8-foot fence was for security, privacy, and a sanctuary for his reactive dogs, noting the fence was approximately 30 feet back from the roadway on one street, not posing a traffic safety issue. He presented a petition from neighbors. Board members struggled with the four findings of fact for granting a variance, particularly regarding hardship resulting from applicant's actions and consistency with the spirit of the ordinance concerning public safety (sight lines). A key point was that a provision regarding fences exceeding 4 feet in front yards, stating these standards may not be waved, was clarified by staff to apply only to properties along 'Thoroughfares,' which this property is not. Despite sympathy for the applicant's situation and the dog's needs, the board ultimately voted to deny the variance, citing difficulty in meeting the four findings of fact, particularly concerning safety issues related to sight lines and the applicant's actions.
Variance Approved for Accessory Garage Placement at 2722 Shandandy Lane
The Board of Adjustments granted a variance for an accessory structure (garage) at 2722 Shandandy Lane, allowing it to be located in front of the principal building and closer to a side street than the principal building, violating city code section 18-199. The applicant, Walter Lynford, represented by Steve Coggins, highlighted the lot's unique shape, double frontage on a cul-de-sac and Engleside Drive, and an existing drainage easement that prevents placing the garage in a compliant location. The property is nearly 40 years old, and Engleside Drive was not developed when the house was built. A previous variance request for a similar structure in 2016 was denied, but the current code is more restrictive. The proposed garage is approximately 1 foot closer to the Shandandy Lane cul-de-sac than the primary dwelling and about 4.6 feet closer to Engleside Drive. The board acknowledged the 'catch-22' situation caused by the easement and the lot's geometry, ultimately finding that the variance met the hardship criteria and approving the request. The garage's size was discussed, with the applicant willing to reduce it, but the board acknowledged that even a smaller size would still encroach on the setback area. The structure would not be visible from Engleside Drive but might be from Shandandy Lane.
Board Approves Variance for Bulkhead at 230 Summer Rest Road
The Board of Adjustments considered a variance request for 230 Summer Rest Road to allow a bulkhead within the conservation resource setback. Staff presented the need for shoreline stabilization due to erosion, supported by a general permit from the Division of Coastal Management. The applicant's agent, Jason Dale, presented evidence including drone imagery and a cross-section of the proposed wall. The board discussed the steep bank and erosion control measures. The variance was ultimately approved, with board members noting the necessity for shoreline stabilization and control of runoff into wetlands. The permit from NCDMC was confirmed, issued on February 27th, 2026, and noted as expiring on June 27th, 2026. Concerns were raised about a portion of the house being within the environmental concern area, but a motion to approve the variance was made and passed.
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The Wilmington News archive
Board of Adjustment June 18, 2026
Board of Adjustment June 18, 2026
Parks and Recreation Advisory Board June 17, 2026
Design Adjustment Committee June 17, 2026
Agenda Briefing June 15, 2026
Historic Preservation Commission June 11, 2026
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