DAC approves subdivision and gravel access at 515 South Third Street with tree‑protection condition

The Design Adjustment Commission on June 17 approved a design adjustment allowing the subdivision of 515 South Third Street and a gravel private access easement to serve a new rear dwelling, with a condition that the Technical Review Committee determine a 15‑foot transition strip at the sidewalk edge to limit stone tracking and protect the public right‑of‑way.

City staff introduced the application and noted the site is in the Historic District Residential zoning district and that a certificate of appropriateness for the new rear dwelling has already been granted by the Historic Preservation Commission. Staff told the DAC that full compliance with SD1‑14—requiring 6 inches of aggregate base and 2 inches of asphalt—would require excavation into the critical root zones of two significant trees and that NC DOT controls the existing driveway apron in the adjacent right of way.

Applicant Kevin Gear of 10 Construction, representing Wilmington ADU, said the proposal would create a separate rear lot occupied by the owner’s adult daughter and described tree protection constraints. He argued that strict pavement standards “would tear through the tree’s root system” and that the project team proposed a shallow gravel driveway of #57 washed stone over geotextile, with hand excavation limited to about 2 inches in the critical root zone to minimize disturbance. “This is a great opportunity for her to learn to live on her own while having the nearby support she needs,” Gear said, describing the housing purpose for the rear unit.

Public safety staff and a fire representative told the DAC that fire trucks would not attempt to maneuver down the proposed access; instead, emergency responders would stage on Third Street and stretch hose lines. The fire representative noted that gravel surfaces make stretcher transport more difficult and said ambulance access would depend on conditions. In the meeting, the fire representative said the department would “not try and put a fire truck in there. They would just stretch lines to the back.”

Board members raised concerns about gravel migrating onto the public sidewalk and about the long‑term effect of tracked stone on city infrastructure. One member suggested a 15‑foot transition strip at the sidewalk edge using pervious pavers or another less‑impactful hardscape to capture the stone. The applicant said staff and TRC review could identify an appropriate material and that hand‑digging would be used near roots rather than heavy excavation.

The DAC voted to grant the requested adjustment and to approve the preliminary plan, both motions passing unanimously; the approval includes the condition that the TRC determine the exact material and design of a 15‑foot transition strip at the sidewalk edge and that the standard TRC and DOT approvals be obtained for utility connections and driveway apron details. Staff emphasized that, had the applicant kept the rear unit as an ADU on the same lot (no subdivision), DAC review and the private access easement would not have been required.

Next steps: TRC will evaluate the transition strip material and any technical details (including drainage and pedestrian protection) and NC DOT must sign off on the driveway apron within the right‑of‑way. The preliminary plan will proceed under the conditions adopted by the DAC.