Pender County board approves setback variance for Rocky Point garage with gutter condition

Pender County Board of Adjustment members voted to approve Variance 2025-22 on a voice vote, allowing an accessory structure at 531 Kimberly Court in Rocky Point to remain despite encroaching into a required 10-foot side yard setback, with a condition that the homeowner install a gutter system to direct roof runoff into an existing French drain.

The variance request was brought by Ronald LeBreque, the applicant and property owner. Justin, a Pender County planning staff member, told the board the case is a rehearing after staff received additional evidence following a prior board decision on March 19, 2025. Justin said the applicant initially submitted a site plan based on the county GIS aerial image; the aerial was distorted relative to property lines and a required as-built survey was not provided until after construction, producing the setback discrepancy.

Justin said the applicant sought a 6.16-foot encroachment into the required 10-foot side setback to accommodate a 16-by-40-foot accessory building. Staff presented an updated boundary survey showing the structure remained at least 5 feet from the nearest septic line, which meets Environmental Health minimum separation for foundations, and noted a 20-foot drainage easement at the rear of the lot and a well at the front that limited alternate locations for the building. Justin told the board those site constraints left “virtually no room” to relocate the structure.

Neighbor Anthony Humphrey — who identified himself as an owner of Kimberly Estates and owner of the adjacent one-acre parcel at 505 Kimberly Court — testified during the hearing that heavy rains caused water to run off the shed toward his property and make the area wet. Humphrey said he would accept a reduced setback, adding, “I don't mind anything less than 10 feet. If he wants 6 feet, that's fine.” He asked that runoff be diverted away from his property.

LeBreque, sworn for testimony, said he had installed an underground serrated drainpipe on the right side of the building to carry water to the existing ditches behind the garage. When asked whether he would install a gutter on the left side to prevent roof runoff from reaching Humphrey's yard, LeBreque said, “Yeah. Sure.”

Board members discussed conditioning approval on mitigation of the neighbor's drainage concern. One board member said the drainage issue “is a direct result of being within the ... granting of the variance” and moved to approve the variance with the condition that the homeowner install a gutter on the left side and tie it into the French drain system on the right to direct water to the rear drainage easement. A second was given. The motion passed on a voice vote; the transcript records no roll-call count. The board chairman announced the variance was “approved with the conditions of the gutter.”

Justin told the board staff found a permitting process failure had contributed to the problem: the county permit workflow allowed the building to proceed without the required foundation survey early enough to catch the discrepancy. Staff recommended approval on grounds that strict application of the ordinance would cause a necessary hardship given the septic system, drainage easement and well locations that limit alternative siting.

Background: The Board of Adjustment previously heard this case and issued an order on March 19, 2025, denying relief; staff requested a rehearing after the applicant provided an updated survey and additional documentation about the septic drain-field layout and site constraints. The county's Unified Development Ordinance requires accessory structures to be set back 10 feet from side property lines unless a variance is granted.

The board did not specify a deadline for completing the gutter installation in the transcript. The board and staff indicated they expect to document the condition in the variance order.

Votes at a glance

- Variance 2025-22 (531 Kimberly Court): Approved. Motion to approve included condition requiring a gutter on the left side of the accessory structure, with runoff tied into the existing French drain to direct water to the rear drainage easement. Vote method: voice vote; transcript does not record a numerical tally.