Eagles Dare shipping‑container variance put on hold as board seeks city code review

The Wilmington Board of Adjustment on Oct. 16 continued a request that would have allowed a shipping container to remain at 420 North 3rd Street, the site of the Eagles Dare nightclub, to its Jan. 15, 2026 meeting to give the applicant and city staff time to pursue a possible text amendment to the land development code.

Staff planner Grace LeMay told the board the container was placed in 2022 and is used as an outdoor bar and storage area. LeMay said the proposal would require multiple variances — about 40 feet, 7 inches of front‑setback relief, a ground‑floor height variance (the container is 8 feet vs. the 13‑foot requirement), and relief from rules limiting metal as a primary façade material. “As of this date of the publication of the case summary, no revised plans have been submitted,” LeMay said.

Owner Joseph Apkarian asked the board to let the city manager or planning staff evaluate similar requests on a case‑by‑case basis and to allow time for a text amendment rather than approving variances now. Apkarian argued alternatives were not practical: moving the container back would eliminate the secondary bar operation and would be costly — he said a contractor estimated moving costs starting around $15,000 — and converting the box to a trailer or otherwise reconfiguring it would create operational problems for his business. “I’m here to work with the city,” Apkarian said, urging a collaborative path that would produce code updates rather than repeated variances.

Board members and staff debated procedure and authority. City staff noted that the land development code treats the unit as a primary structure for dimensional and material standards, and planning staff said the city has stayed enforcement while the applicant pursues variances or a text amendment. One board member noted the board may not itself have authority to ‘‘refer’’ the matter directly to the city manager; another recommended the text‑amendment route as the cleaner, longer‑term fix.

After discussion, the board moved, seconded and voted to continue the item to the Jan. 15 Board of Adjustment meeting to allow time for the applicant and staff to pursue code changes or related options. The continuance preserves the current enforcement pause while the parties work through next steps.