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HomeMy WebLinkAbout84-0038_Katz, Brian & Sydelle_19840417APPLICATION MAR 2 6184 FOR .r CAMA -_MINOR DE__ELC�PMENT PERMIT i In'1974, tqe North Carolina Genera Assem rf bly passed the Coastal Area Mariagerient A� and set the�stage for guidingydevelopmen in the fragile and productive areaswilic�i border f the state�'sstuanes, sounds and*oceanfront. Along with'requiring'spe j&care by those' ' t ° ; tivho build and develop; the General Assembly directed the Coastal" Resourcesommission°to s. d.a. a IV_ fimplentcleat rgulationswhich minimize the burden on the applicant. i� This applicatiorifor a minordeyelopmentyer �, ¢ ii,it under CAMA is part of the,Commission°s 1 effort to meet the spirit arid' intent of the .� General Assembly. It has been designed"to be straightfonvardand'regwre no more time or;� '� p t r ~• effort,than'jnece sary from the applicant. Please go oer is folder with the Local i µ Permit affieerFfor tF a locality in which you plan fo build to bi certain thatyouu•under- i stand wh t information he or--she-needs. t<. `moo f. Under CAMA regulations the minor permit o ke, issue pd within 3 , days once a complete l° ��. i. aplication is in hand. 6fien less time is needed g t a,.rar w u. the prpject is situp a The process generally Makes about 18 day,sou can help speed the N �, h our .� approval process b� eking certain that y fit application is compietec and signed, that your drawing -meets the sReifications given inside and that-yo r ap'l cation fee is attached. Other permits arsometimes required for , t development in the coastal area. While these , a_ 'a4-. _ tGAU A3 elated ou to check , re no r , we urge y - wlth-the 11c ca Permit Office r:to-determine �h 'whict�of these you may_need A listing is ^, „ n included o o f �. n�page2' f�the older. "We appreciate your cooperation with the ,R• North_. Carolina coastal management program -. and your willingness to build in a way which " �, •sue* .:_ _ protects the resources of our beautiful and productive" coast._ ..�.� _ -Coastal Resources Commission fce of Coastal Management _ _ ,"'•: _ - y w'iPwa+"i GENERAL INFORMATION 1. LANDOWNER Name My. a,,,J Mrs- By- 1,,t� k4-4 'Z Address ,1� a-n IYf�, /LLr �n�. - City Wje-s y a-G-k. State Zip Phone(Q )0 SS?_ 1SS4 2. AUTHORIZED AGENT Name 'Recd C5 cA=,Qes , L,4=1 . Address CityWQ wL State _C1i C- zip Q-794-9 Phone ;t (0 i= 3. LOCATION/DESCRIPTION OF PROJECT 1-O-i' IS. �{1�Se %, 5ta;�d Q� Vi*tep waa 4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by Local Permit Officer prior to completing application.) Ocean Hazard Estuarine Shoreline Other 5. PROPOSED USE Residential - Commerical/Industrial Other 6. SIZE OF BUILDING IN SQUARE FEET: 18 q O 7. SIZE OF SITE IN SQUARE FEET: ,1930 3 This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $25.00 made payable to the locality, and any information as may be pro- vided orally by the applicant. The details of the applica- tion as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a CAMA permit is subject to civil, criminal and admini- strative action. OTHER PERMITS MAY BE REQUIRED... This the ) (044 day of +'1'� 4,yl- - , 19 Applicant's signatur or authorized agent) Indicate below address and phone if not shown above. The activity which you are planning may require permits other than the CAMA minor permit you are applying for here. As a service we have compiled a listing of the kinds of permits which might be required. We suggest that you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your project. This is not a requirement of CAMA, only a suggestion to help you complete your project as quickly as possible. zoning ... drinking water well ... septic tank (or other sanitary waste treatment system).. . burning ... electrical ... plumbing ... heating and air conditioning. ..insulation and energy conservation.. XIA certification ... sand dune ... sediment control ... subdivision approval ...mobile home park approval ... highway connection. ..others: D County/(NRCD) 84-0038 Local Government Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission for develop- - ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes "Coastal Area Management." Brian and Sydelle Katz Issued to authorizing development in Sander I i ng at Lot Zlb, Phase 6, Vireo Way as requested in the permittee's application dated --_March 16, 1984 This permit, issued on April 17, 1984 , is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. All development must be in accordance with the attached conditions. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this - o permit must cease until the appeal is resolved. Georg H.Wood Local Permit Officer (signature) This permit must be on the project site and accessible to the Office of Coastal Management permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered 108 South Water Street name under this permit require further written permit approval. Elizabeth City, N. C. 27909 All work must cease when this permit expires on (919) 338-1558 October 17, 1984 address In issuing this permit it is agreed that this project is consis- tent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Office of Coastal Management. Permitee (signature required if special conditions above apply to permit) i 1. In order to avoid unreasonable danger to life and property, all development shall be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100-year storm. Any building con- structed within the ocean hazard area shall comply with Appendix D, "Wind- storm Resistive Construction," of the North Carolina Residential Building Code, except that when any provisions of that appendix are inconsistent with any of the following AEC standards, the more restrictive provisions shall control. 2. All structures in the ocean hazard area will be on pilings not less than eight inches in diameter if round, or eight inches to a side if square. 3. All pilings will have a tip penetration greater than eight feet below the lowest ground elevation under the structure. 4. All foundations will be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. Cantilevered decks and walkways shall meet this standard or shall be designed to break away without structural damage to the main structure. 5. All pilings will be appropriately treated to resist decay, insects, and corrosion. 6. The lowest portion of the structural member of the lowest floor (excluding the pilings or columns) will be elevated to or above the 100-year storm elevation. 7. All exposed structural connections will be adequately rustproofed or enclosed. 8. All utility systems will be located and constructed so as to minimize or eliminate storm damage. 9. All walls below 100-year-base flood level will be designed and installed to: (A) allow storm waters to rise and flow freely under the structure, (B) not permit the breakaway themselves to become water -borne debris, and (C) not cause the accumulation of water -borne debris. Breakaway walls will be intended to collapse under stress without jeopardizing the structural support of the structure. 10. No impermeable (such as asphalt or cement) surfaces will be allowed over any functional part of a complete septic tank system. 11. The permittee will sign and return the copy of the AEC Hazard Notice which is attached. 1 \ 0: 2 )4 \ •1 t 2pa G f. t t ` A_.•, - � S�. , A S� m > a 0\'Y� 3 rSEAL21 ` Y c{1 D gUi[3l E: , R.I.-S., certify that this plot was dre%in from on actual field land survey; me error of closure as calculated -ry latitudes and deportures Is 1:10,000; that It was prepored ,cc:.r,lance with G.S. 47 - 30 as amended. Tess my hand and seal this 19 i h day of MARCH , A. p, 1964 i O E. KATZ LO-T 215 SQNDE ATI_As!T� ^ RLI NG Drafted by: Frank M. Bell, Jr. Address of Grantees: Kenbar Road, W6st Nyack, New York 10994 NORTH CAROLINA D E E D DARE COUNTY THIS CORPORATION DEED, made this the 14th day of October, 1983, by RDC, INC., a North Carolina corporation (hereinafter called "Seller") to BRIAN E. KATZ and wife, SYDELLE C. KATZ, of West Nyack, New York, (hereinafter called "Purchaser"), whether one or more persons, firms or corporations; W I T N E S S E T H: That the Seller, in consideration of One Hundred Dollars ($100.00) and other valuable considerations to it paid by the Purchaser, receipt of which is hereby acknowleAged, has bargained and sold, and by these presents does bargain, sell and convey unto the Purchaser and their heirs and assigns, a certain lot or parcel of land in Dare County, North Carolina, and being described as follows: Being known and designated as Lot 215 as shown on a plat of Sanderling Phase b, recorded in Plat Cabinet B at Slides 124 and 125 in the Office of the Register of Deeds of Dare County, North Carolina, to which plat reference is hereby made for a more particular description. The above described property is conveyed subject to utility easements and restrictive covenants of record, specifically including that certain Declaration of Covenants, Conditions and Restrictions recorded in Book 310 at page 557, et seq., as it may be amended from time to time, filed in the Office of the Register of Deeds of Dare County, North Carolina, and the Purchaser, by acceptance of this deed, do/doss agree to comply witch each term and condition thereof; and the above described property is further subject to ad valorem taxes for the current year which have been prorated to date of closing. TO HAVE ARID TO HOLD the aforesaid lot or parcel of land, together with all privileges and appurtenances thereto belonging to the Purchaser, and their heirs and assigns, to their only use and behoof forever, and the Seller covenants to and with the Purchaser and their heirs and assigns, that the Seller is seized of said premises in fee, and has the right to convey the same in fee simple and that the sane are free from all encumbrances, and that the Seller will warrant and defend the said title to the same against the claims of all persons whatsoever; subject, however, to the conditions and exceptions set forth hereinabove, and incorporated herein by reference. IN TESTD110NY WHEREOF, RDC, INC. has caused these presents to be executed by its Vice President, attested by its Secretary and affixed its corporate seal, all pursuant to authority duly granted. ATTEST: Secretary SELLER.: RDC, INC. By: Vice President STATE OF NORTH CAROLINA ) ('OUDPTY OF FORSY M ) This day of , 19 , personally came before me, , a notary public, who, being by me duly sworn, says that he/she knows the corporate seal of RDC, INC., and is acquainted with _ who is the President of said Corporation, --and at he/sFie, ie sai is the Secretary of the said Corporation, and saw the saidPresident sign the foregoing or annexed instrwnent, and saw the said corporate seal of said.Corporation affixed to said instrument by said President, and that he/she, the said signed his/her name in attestation of the execution of said instrument in the presence of said President of said Corporation. Witness my hand and notarial seal or stamp, this day of , 19 Notary Public My CaTmission Expires: STATE OF NORTH CAROLINA - Dare County The foregoing' (or annexed) certificate of is(are) certified to be correct. This the day of , 19 STAMPS $ Probate and filing fee $ paid Alva Wise, Register of Deeds by Deputy Assistant Ii F -t DES p�J P �p �C \, cc 1 o0 `\\ Z \ u� \� o 0_ \ \ 0 y \ \ 1 \\N \ a tioo N ?A :9,,>�> o,44 \ o \ O 1, F RICVAARD OUIBLE , R.L.S., certify that this plot was drown from an actual field land survey; that the error of closure as calculated by latitudes and departures 1s I: 10, 000; that it was prepared in accordance with G. S. 47 - 30 as amended. Witness my hand and seal this 19 *V% day of _ MARCH A. D. 19 84 . LOT 215 ATLANTIC DUCK, R L- SURVEYED FOR t. -. B R i A FJ PHASE G TOWNSHIP Q ;7 E. KATZ 45ANDF-RL1 NIS DARE COUNTY NORTH CAROL.INA DATE: MARCH 14, 1984 SCALE. 1" _ 40' FILE; 0.13 84 -39 F. B1-. 1020, P. S5 R ES uible and Associates, Inc. Consulting Engineers and Land Surveyors P.O. BOX 847 NAGS MEAD, NORTH CAROLINA 27959 (9191 441 - 4321 R EC MAR Z 6 '84 OCN1 • EC SR Box 320, Kitty Hawk, North Carolina 27949, I March 22, 1984 Mr. Nelson G. Paul Office of Coastal Management 108 S. Water Street Elizabeth City, N.C. 27909 Dear Nelson, I am enclosing 4 CAMA permits with appropriate documents and checks for the following properties; Lot 194------- Sanderling, R.D.C. Lot 218 ------- Sanderlin R.D.C. -Lot 215------- Mr. &Mrs. Brian Katz Lot 220-------,Mr. & Mrs. David Gillis Please let me know as the permits proceed. Kindly send us more application forms. Thank you, Sincerely,yours, Lilias J. Mo ison LJM/sdd North Carolina Depa rtment of Natural COASTAL MANOAFGFEM NT Direectorctor Resources & Community Development David James B. Hunt, Jr., Governor James A. Summers, Secretary TeWme919733-2M Field Services 108 South Water Street Elizabeth City, N. C..27909 (919) 338-1558 April 2, 1984 The Coastland Times P 0. Box 428 _Manteo, North Carolina 27954 Gentlemen: Please include the enclosed Notice(s) of Filing in the Public Notice section of the Thurs., April 5, 1984 edition of your newspaper. If it will not be possible to include these notices in that edition, or if you should have any questions about these notices, please call me as soon as possible at 338-1558. The State Office of Budget and Management requires an Affidavit of Publication prior to payment for newspaper advertising. Please send these affidavits, copies of the published notices, and the bill to Cathey Cottle, Office of Coastal Management, Department of Natural Resources and Community Development, P. O. Box 27687, Raleigh, N. C. 27611-7687. Thank you. Cordially yours, poll. Consultant GHW/fob Attachments: Gillis Application Notice RDC, Inc. (Lot 218) RDC, Inc. (Lot 194) Brian Katz Application Notice P. O. Box 27687 Raleigh. N. C. 27611.7687 NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(b), the North Carolina Department of Natural Resources and Community Development Office of. Coastal Management, the State agency authorized to issue CAMA minor development permits in Areas of Environmental Concern of unincorporated portions.of n, County, hereby gives Notice that on �h �� , _, the applicant, —Mr. ae ir-sz—�an--Kat*, Proposed to --tiie-�ray, eeeaRfrent ver-Ad—struct-4rn at hot 216, Pkase 6 Vi`^ee Wray-ganderlirig Persons desiring to inspect the application, to comment thereon, or to appeal the local decision are directed to contact the local permit officer at the below address. MnMMAX&A Mr. George Wood Office of Coastal Management 108 South Water Street Elizabeth City, N. C. 27909 (919) 338-1558 March 10, 1984 To Whom This May Concern: I authorize Ms Lilias Morrison to be my agent in the obtaining of a CAMA permit for lot 215 in the Sanderling development. Respectfully submitted, Sydelle Katz RICNARD OUIBLE , R.L.S., certify that this plot was drown from on actual field t the error of closure as calculoted by latitudes and departures Is 1:10, 000; that It accordonce with G. S. 47 - 30 as amended. 6 � 2 \ land survey; was prepared oess my hand and seal this 19 -th day of MARCH , A. D. 1984 �. J112VI LOT 2!5 PKASL- G. SANDERLI NG � ATLANTIC— TO:IHStIlr' li.1-tL LJUNIly ,k,-E� AEC HAZARD NOTICE YOUR PROJECT IS IN AN: OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA INLET HAZARD AREA This notice is intended to make you, the appli- cant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion or currents. The rules of the Coastal Resources Commission require that you receive an AEC hazard notice and acknowledge that notice in writing before any permit for development in this area can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize, but not totally eliminate, the annual ocean erosion rate for the area where your property is located is feet per year. This figure was established by careful analysis of aerial photographs of the coastline taken over the past 30 to 40 years. Studies also indicate that the shoreline could move as much as feet landward in a major storm. The flood waters in a major storm are predicted to be about feet deep in this area. property losses from the hazards. By granting Shoreline erosion control structures (excluding permits, the Coastal Resources Commission does beach nourishment and berm projects) are not not guarantee the safety of the development and allowed to be built to protect development built assumes no liability for future damage to the after June 1, 1979. Limited pushing up of beach development. sand is allowed to protect new structures when they are threatened, but bulkheads, groins, or The best available information, as accepted by jetties may not be used to protect buildings put in the Coastal Resources Commission, indicates that after June 1, 1979. 3 Date Applicant's Signature The applicant must acknowledge receipt of this information by signing this notice in the space above. Without the proper signature, the application will not be complete. SPECIAL NOTE:This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued in this area expire in six',(6) months. To continue your work past that date you must 'contact the local permit officer before the expiration date for a six month permit extension.. This is granted if, there is no_I change in the project site or ifyou have made "substantial progress" on your project. Normally a permit' can be extended five (5) (times fora total project life of three (3) years. if the site has changed and you have not made progress,''; the LPO will determine the, new vegetation line and apply the earlier, setback distance to show you the new setback for'' your project. IT IS IMPORTANT TO UNDERSTAND THAT YOU MUST RECEIVE OFFICIAL APPROVAL TO CONTINUE YOUR WORK AFTER THE EXPIRATION DATE ON YOUR PERMIT..IT IS UNL"AWFUL. TO' CONTINUE WITHOUT THIS APPROVAL. FOR MORE INFORMATION, CONTACT: LOCAL PERMIT OFFICER: Office of Coastal Management 108 South Water Street ADDRESS: Fl i 7ahpth City, NC 77gnq (919) 338-1558 LOCALITY: PHONE: SC/Rev. 6/83 BEFORE YOU BUILD ... Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calcu- lated risk. Natural forces of water and wind collide with tons of force, even on calm days. There are no man-made structures guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) takes from two to ten feet of the beach each year and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. THE RULES When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Specifically, a structure along the oceanfront must be: (1) behind the frontal dune; and, (2) landward of the crest of the primary dune; and (3) set back from the first line of stable vegetation a distance equal to 30 times the annual erosion rate or 60 feet, whichever is greater. The Coastal Resources Commission has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property and to limit public and private losses from both storms and long-term erosion. These rules do not eliminate —but only lessen —the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. THE REASONS The beachfront is an ever -changing landform. The beach and the dunes are nature's "shock absorbers", taking the beatings of the wind and waves and protecting the inland areas. By setting back 30 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the PERMITTED - STRUCTURE; ADEQUATE SETBACK I SETBACK I FIRST LINE OF i� STABLE NATURAL 30x ANNUAL VEGETATLON AVERAGE EROSION RATE `. structure. At first glance, it seems very inviting to build your dream house as close to the beach as possible but in five years you could find the dream has become a night- mare as high tides and storms threaten your investment. PRE -PERMIT STRUCTURE; INADEQUATE SETBACK PRE -STORM BEACH PROFILE i POST -STORM BEACH PROFILE ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other has a much greater chance of survival. THE EXCEPTION The Coastal Resources Commission recognized that these rules, passed in June of 1979, might prove a hardship for a small group of property owners. So there was an exemption established for lots which cannot meet the setback require- ments of 30 times the annual erosion rate. The exemption allows building in front of the setback line under certain conditions. These are: (1) the lot must have been platted as of June 1, 1979, and not capable of being enlarged by combining with adjoining land under the same ownership; and (2) development be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; and, (3) no development can take place on the frontal dune; and, (4) special construction standards on piling depth and square footage must be followed; and, (5) all other CAMA, State and local regulations must also be met. The exemption is not available in the Inlet Hazard Are45 which are especially dynamic. In seeking this exemption the Local Permit Officer will make these measurements and observations: required setback from vegetation line max. allowable square footage on lowest floor exception setback (maximum feasible) lot area as calculated from vegetation line rear property line setback piling length necessary to extend 4 feet below MSL STATEMENT OF OWNERSHIP I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as follows: (check one) ✓ an owner of record title, Title is vested in e) Y 10— 10 �' S 5.4 d � )� Q- 0—+ -Z-- , see Deed Book 345 , page 3 /S' in the en a�r-e__ County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. if other interest, such as written contract or lease, explain below or use a separate sheet attached to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (2) (3) (Name) (Address) 1p N ff8 FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and flood -proofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the_Ra M day of MA-'Gh , 192-4L im Land owner or person authorized to act as his agent for purposes of filing a CAMA application. SITE DRAWING /APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS label roads label highway right of ways label local setback lines label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS draw and label mean high water mark (MHW) draw location of septic tank or filter field If you will be working in an ocean hazard area: draw and label dune ridges (note height) draw and label toe of dune identify and locate first line of stable vegetation draw and label setback line under CAMA draw and label topographical features (optional) If you will be working in an estuarine shoreline area: draw and label landward limit of AEC describe terrain (slope) DEVELOPMENT PLANS draw and label areas that will be disturbed if house to be placed on lot, describe location of house note size of piling and depth to be placed in ground draw and label all areas to be paved or graveled describe composition of surface note and list fully all trees and vegetation to be removed or relocated show landscaping NOTE TO APPLICANT Have you: • completed all blanks and/or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing? • signed both application and statement of ownership? • enclosed the $25.00 fee? • completed an AEC Hazard Notice,if necessary? FOR STAFF USE SITE NOTICE POSTED FINAL INSPECTION SITE INSPECTIONS DATE OF ACTION: ISSUED EXEMPTED FEE RECEIVED DENIED APPEAL DEADLINE (20 days)