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Board approves ADU conversion variance for Marshburn property on Scottsdale Drive
Summary
The Board of Adjustments granted a variance allowing a preexisting detached garage at 349 Scottsdale Drive to be converted into a 529‑sq. ft. accessory dwelling unit, citing septic/well location and lot constraints as hardship factors.
The Pender County Board of Adjustments approved a variance on Nov. 19 permitting Jeremy and Amanda Marshburn to convert an existing 529‑square‑foot detached garage at 349 Scottsdale Drive into an accessory dwelling unit (ADU) despite the county’s rear setback requirement.
Planner Sean Olds told the board the parcel is 0.46 acres in the RP zoning district and that the converted ADU would remain the same footprint and height. The application asked for relief from rear setback requirements in Pender County UDO sections 4.14 and 5.3.0.2.e because recently expanded septic lines and the location of a private well leave no feasible alternate location to meet the 25‑foot rear setback.
Jeremy Marshburn told the board the conversion is intended to provide housing for his son; he said the septic work done earlier this summer constrains placement of an ADU elsewhere on the lot. Staff noted the structure is preexisting and that nonconforming structure provisions can allow modification provided it does not materially increase nonconformity; staff and the board concluded the conversion would not enlarge the footprint and that the hardship derives from physical site constraints.
A motion to approve the variance passed by voice vote with no recorded opposition. The board’s approval allows the Marshburns to proceed with interior renovation to create the ADU, subject to any building‑permit and health department requirements outside the scope of the variance decision.
