Pender County board denies variance after administrative permitting error led to garage setback violation

The Pender County Board of Adjustments on April 16 denied a variance request for a residential accessory structure at 531 Kimberly Court after staff identified a permitting error that allowed construction to proceed and neighbors urged the board to hold to the county setback rules.

The decision followed testimony from planning staff, the property owner and neighborhood residents and a board discussion that concluded the applicant had not demonstrated the specific property-based hardship required to grant a variance under the county's Unified Development Ordinance and state statute.

Planning staff told the board the applicant applied on May 31, 2024, for a residential accessory building permit for an approximately 648-square-foot, one-car garage. Staff said an initial site plan using the county GIS indicated the proposed garage would meet the 10-foot side-yard setback for a structure of that size, and the plan was approved on June 26, 2024. A foundation survey — required after footers were poured — was not submitted before subsequent permitting workflow steps were mistakenly marked complete on Oct. 1, and the county continued inspections as construction progressed.

“When the foundation survey was…