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Commission denies driveway expansion and extra‑occupancy request after HOA opposition
Summary
A Wilmington subdivision homeowner asked to expand a driveway and to allow six related adults and six vehicles on a 1,336‑square‑foot house. The homeowners association objected that the change violated covenants; staff recommended denial and commissioners voted to deny the expansion request.
A Wilmington subdivision homeowner asked the planning commission on May 6 for a temporary land‑use permit to allow occupancy by six related adults and to park six vehicles at a 1,336‑square‑foot single‑family home on January Drive. The homeowners association (HOA) opposed the request and staff recommended denial; the commission supported the staff recommendation.
Applicant presentation: Applicant Angela Benitez said six family members live at the house and the request aimed to legalize additional on‑site parking she said was needed. She told commissioners the household did not use the garage for all vehicles and that the request sought permission for on‑site parking rather than on‑street parking.
HOA position: Wilmington HOA board members said the community’s covenants do not allow the proposed driveway expansion and expressed concern that approving one driveway expansion would prompt similar requests and erode neighborhood character. The HOA said one prior illegal driveway had already required remediation and recorded restrictions.
Staff and legal context: Staff recommended denial. Commissioners discussed whether to separate requests (more adults versus more cars). The board ultimately voted to deny the driveway/vehicle request; during discussion a commissioner indicated willingness to consider related follow‑up but the final action supported staff’s denial.
Outcome: Motion to deny followed staff recommendation; commissioners cited covenant consistency, neighborhood character and precedent concerns. The applicant may pursue alternatives consistent with HOA rules and county code.
