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Board approves partial sidewalk waiver for River Road utility expansion, adds payment-in-lieu
Summary
The Board approved a variance allowing Cape Fear Public Utility Authority’s project at 3436 River Road to omit 185 linear feet of sidewalk; the board added a payment-in-lieu condition (calculated at $35 per linear foot).
The Wilmington Board of Adjustments approved Nov. 20 a variance permitting the developer of 3436 River Road to forgo installing the final 185 linear feet of sidewalk along River Road frontage, and required a payment in lieu for the omitted length.
City staff (Zach) told the board the site—owned and used by the Cape Fear Public Utility Authority (CFPUA) for wastewater treatment—has roughly 1,500 linear feet of frontage. The applicant proposed 1,315 linear feet of sidewalk, leaving 185 feet uninstalled. Staff said the code (land development code section 18-494(c)) requires one-side sidewalk installation for thoroughfares and recommended that if the board approves the omission, the applicant be required to pay a fee in lieu for the uninstalled portion.
Robin Austin of McKim & Creed, speaking for the applicant, described physical constraints at the southeast corner of the site—steep slopes (around 24 percent), a natural low point with no nearby outfall and existing process piping and infrastructure—that make installing the final section of sidewalk complex and costly. Austin said the site was built for treatment, not pedestrian frontage, and that project budget reductions had already required removing equipment; omitting the last segment would avoid extensive grading and drainage work.
On cost, staff said payment in lieu is assessed at $35 per linear foot. A board member double-checked the math and staff estimated roughly $6,475 for 185 linear feet (staff cautioned to double-check calculations). Austin also noted that any payment or future installation costs ultimately return to city accounts and, he said, CFPUA customers.
Board members queried whether there are adjacent sidewalks and were told there are none on either side of the site; one board member said the lack of connectivity reduced the urgency of requiring the last short segment. After discussion a motion to approve the variance passed, with the payment-in-lieu condition included in the motion.
The board entered its approval on the record and closed the evidentiary hearing. The payment-in-lieu and any required documentation will be handled through city staff follow-up.
