Residents and tree commissioners raise alarm after variance permits removal of large live oaks at Hillcrest
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Summary
A public commenter and tree-commission members urged review and possible legal or procedural responses after a Board of Adjustment variance cleared the way to remove or severely damage eight mature live oaks at the Hillcrest public-housing redevelopment, and staff outlined public-record steps for review.
Joshua, a resident and arborist who addressed the Wilmington Tree Commission during public comment, said a variance issued to the Wilmington Housing Authority would remove six specimen live-oak trees and severely affect the root systems of two others at the Hillcrest redevelopment, likely dooming those trees.
"Really talking about 8 live oak trees that are greater than 24 inches in diameter of breast height," Joshua said, raising concern that the variance undercuts the purpose of the city's tree ordinance and asking whether any of the trees are on the heritage-tree list.
The commission and staff described the Board of Adjustment decision process and public-record options. Hailey, who handles commission materials and web accessibility, confirmed that minutes and the board's required "four findings of fact" are public records and can be provided to the commission for review.
"The meeting minutes and the 4 findings of facts that are required to accept the variance by the board of adjustment are public information, and I can send that to you all," Hailey said.
City staff explained the variance process under state statute and local procedures. A planning-staff speaker told the commission that staff presents factual review to applicants and that applicants can either comply with the ordinance or seek a variance; the four findings of fact used by boards of adjustment are established by North Carolina statute.
"Those options are comply with the ordinance or go to the board of adjustment for a variance," city staff said, noting that the board reviews sworn testimony and the facts presented at the hearing before deciding.
Commissioners and members of the Alliance for Cape Fear Trees urged practical next steps: review the Board of Adjustment minutes and findings, consider outreach to the housing department and city council about earlier tree-protection review in the permitting cycle, and discuss whether educational outreach for decision-makers would help future cases.
Isabelle, executive director of the Alliance for Cape Fear Trees, said the Alliance advocates bringing tree protection considerations earlier into site design and permitting so issues do not reach the variance stage.
"Tree protections or tree considerations happen earlier in the design process overall or in the permitting and review process overall," Isabelle said.
Several contributors noted the narrow window for legal appeal. Joshua said a lawsuit to temporarily halt the variance would need to be filed within 30 days to obtain a court stay, a step he identified as the only available legal recourse to reverse a granted variance.
Commission members agreed to request the Board of Adjustment materials, consider who among residents might have standing to pursue legal action, and explore education or presentations to the board and relevant decision-makers about environmental and tree impacts. No formal motion or legal decision was made during the meeting.
The commission adjourned following a motion to close the meeting; members said they would follow up with the public-record materials and discuss next steps at a future meeting.
