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…