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Board of Adjustments unanimously approves variance to keep wall at 100 River Rock Way
Summary
The Wilmington Board of Adjustments granted a variance to allow an existing masonry wall to remain within the site‑distance triangle at 100 River Rock Way, finding that removal would create unnecessary hardship and that recent lot improvements reduce safety concerns.
The City of Wilmington Board of Adjustments voted unanimously Dec. 18 to grant a variance allowing an existing masonry wall at 100 River Rock Way to remain within the site‑distance (vision clearance) triangle.
Staff planner Tucker Cherry presented the request, saying the property is in the MFH (multifamily residential high density) legacy district and is about 1.04 acres. The application, accepted Oct. 8, 2025, sought relief from legacy code section 18‑556, the city’s vision‑clearance standard, to allow the wall adjacent to a proposed driveway to remain in place.
Applicant representative Josh Mahaley (Mahaley Land Design) told the board the lot historically functioned as parking for the Southmont District and that the project converts the site to a compliant gravel lot with sidewalks and handicap spaces. “So what we're asking for is a variance from section 18 dash 5 5 6 to leave a wall as it remains as it's been remained for 40 plus years,” Mahaley said, arguing the wall is a longstanding feature and removal would be destructive to a structure that has functioned without incident.
Board members pressed for specifics. City staff verified the wall encroaches about 31 feet 2.5 inches on one side and 32 feet 9.5 inches on the other into the sight‑distance triangle. Board discussion emphasized that the applicant reduced the number of spaces to 25, improved the driveway apron and added safety elements, and that the wall’s age and the site’s history weigh toward finding an unnecessary hardship if removal were required. “I think unnecessary hardship would result in removing the wall,” a board member said during deliberations.
On a motion citing the board’s four findings of fact, the panel approved the variance; the board recorded the outcome as an approval and moved on to subsequent agenda items.
What happens next: The board’s order and findings will be part of the official record; appeals of board decisions are to superior court and must be filed within the statutory period if taken. No public commenters offered testimony during the evidentiary portion for this item.
