Board approves two homeowner variances: Marshburn ADU conversion and Johnson garage encroachment
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Summary
The board granted two variances: Jeremy Marshburn may convert an existing detached garage into a 529 sq ft accessory dwelling unit because septic and well locations prevent moving the structure; Jolene Johnson received a 2.7‑ft variance after a foundation survey found a setback encroachment and Piedmont Natural Gas approved an encroachment agreement.
The Pender County Board of Adjustments approved two homeowner variances during its Nov. 19 meeting.
Variance 2025‑25: Jeremy and Amanda Marshburn requested permission to convert a preexisting 529‑square‑foot detached garage at 349 Scottsdale Drive into an accessory dwelling unit (ADU). Planning staff explained the lot’s septic and well infrastructure occupies much of the usable rear yard, leaving no feasible location to place an ADU that would meet the current 25‑foot rear setback. The applicant said the garage existed prior to more recent ordinance changes and would not change footprint or height. The board granted the variance after findings that the structure is nonconforming and that relocating or reconstructing the ADU would create an unnecessary hardship, subject to any applicable building and health code approvals.
Variance 2025‑26: Jolene Johnson sought relief for a newly constructed 1,170‑square‑foot garage that, due to incorrect property markers used during construction, was found to encroach 2.7 feet into the required 10‑foot side setback and 2.3 feet into a Piedmont Natural Gas easement. Piedmont Natural Gas issued an encroachment agreement allowing the gas‑line encroachment. Johnson testified the error came from survey/contractor issues and said the neighboring property owner raised no objection. The board found physical constraints and the permitting history sufficient to warrant a limited encroachment variance and approved the request by motion.
Both variances were granted by voice votes; each approval will be recorded in the county’s permit files and is subject to any other required permits and inspections for conversion or use.
