2011-66_Gardner, Kenneth_20111220

Town of EmeraldIsfe
Department of Planning and
Inspections
Kevin B. Reed, AICP, Director
kreed(a,emeraldisle-nc.ors
December 20, 2011
Mr. Kenneth M. & Mariah B. Gardner
5417 Hunter Hollow Drive
Raleigh, NC 27606
RECErTSDO Emerald Drive
Emerald Isle, NC 28594
JAN j LV, i fZ 252-354-3338
Fa 252-354-5387
DOA-MHD CITY
RE: Minor CAMA Permit Application 2011-66 — 2311 Ocean Drive, Emerald Isle, NC
Dear Mr. and Mrs. Gardner:
This letter is in regards to your recent request for a Minor CAMA Permit for an addition
to an existing single-family residence at 2311 Ocean Drive. As you know, the Town of Emerald
Isle issued a denial of the permit request because it was inconsistent with the regulations of the
Coastal Area Management Act (CAMA). It is my understanding that you wish to pursue a
variance from the Coastal Resources Commission (CRC). One pre -requisite for seeking a
variance from the CRC is that you have exhausted all local relief efforts.
Following the approval of changes to the CAMA regulations approved by the CRC
pertaining to development in an area subject to a static vegetation line, the Town of Emerald Isle
amended its local development regulations in order to reduce the required front yard setback.
Your property is now subject to a 20-foot front yard setback rather than the previously required
30-foot setback. This change was made by the Board of Commissioners in order to allow for
more properties to seek approval for development under the static line exception. Typically,
local relief in this situation would be for you to seek a variance to this 20-foot setback from the
Town's Board of Adjustment; however, I do not believe that is possible. Your proposed
development was intended to meet the required 20-foot setback with no "room to spare". Based
on these facts, there are no local regulations for which you can seek a variance and all of your
local efforts have been exhausted. Please let me know if you have any questions or concerns
regarding the foregoing information.
Sincerely,
-�� et�_)ae-.,6
Kevin B. Reed, AICP, CFM, CZO
Director of Planning and Inspections

' Town of Emerafif Isk
Department of Planning and
Inspections
Kevin B. Reed, AICP, Director
kreed anemeraldisle-nc.ora
December 20, 2011
Mr. Kenneth M. & Mariah B. Gardner
5417 Hunter Hollow Drive
Raleigh, NC 27606
7500 Emerald Drive
Emerald Isle, NC 28594
Voice 252-354-3338
Fax [phone]
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER 2011-66
PROJECT ADDRESS - 2311 OCEAN DRIVE, EMERALD ISLE, NC 28594
Dear Mr. and Mrs. Gardner:
After reviewing your application in conjunction with the development standards required
by the Coastal Area Management Act (CAMA) and our locally adopted Land Use Plan and
Ordinances, it is my determination that no permit may be granted for the project which you have
proposed.
This decision is based on my findings that your request violates NCGS 113A-120(a)(8)
which requires that all applications be denied which are inconsistent with CAMA guidelines and
Local Land Use Plans. You have applied for a MINOR CAMA PERMIT #2011-66 with the
proposed development of an addition to an existing single family dwelling with a total floor area
(after the addition) of 2,500 square feet to be located seaward of the most landward adjacent
building which is inconsistent with 15 NCAC 7H .0306 (a)(8)(D), which states that: "No portion
of a building or structure, including roof overhangs and -elevated portions that are cantilevered
knee braced or otherwise extended beyond the support of pilings or footings, extends oceanward
of the landward -most adjacent building or structure. When the configuration of a lot precludes
the placement of a building or structure, an average line of construction shall be determined by
the Division of Coastal Management on a case -by -case basis in order to determine and ocean
hazard setback that is landward of the vegetation line, a distant no less than 30 times the
shoreline erosion rate of 60 feet, whichever is greater."
Should you wish to appeal my decision to the Coastal Resource Commission or request a
variance from that group, please contact me so I can provide you with the proper forms and any
other information you may require. The Division of Coastal Management central office in

Morehead City must receive appeal notices within twenty (20) days of the date of this letter in
order to be considered.
7Res. yours,
James W. Taylor, Jr., LPO
Town of Emerald Isle
7500 Emerald Dr
Emerald Isle, NC 28594
cc: Barry Guthrie, DCM

12/15/11 10:29AN HP
1
LASERJET FAX
p.31
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GENERAL INFORMATION
LAND OWNER
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Name
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Address
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City
State
Zip Phone-
Email 15F�S
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AUTHORIZED AGENT
Name
Address t�S
City
State
Zip Phone
Email
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) 2311 0 -A 'ttz—
1 �t�'lon
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.i
SIZE OF LOT/PARCEL: Z square feet j9.� acres
'l
PROPOSED USE: Residential (Single-family Multi -family [] ) Comm�l rcial/Industrial ❑ Other []
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if yo''p are not sure which AEC applies
to your property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
air conditioned, living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space) -4�P& " 577 --
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: � square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an areh subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality?
YES Ngk-
a
If yes, list the total built upon area/impervious surface allowed for your lot or parcel: .1 square feet.
1

12/15I11 10:29AN HP LASERJET FAX p.32
OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require its other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic T (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulatic n and Energy Conservation, FIA
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Alproval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the er of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor develop ent permit, certify that the person
listed as landowner on this application has a significant interest in the real property desqrA,ed therein. This interest can be
described as: (check one)
,Can o er or record title, Title 1 vested in �"J' '" � see D ed Book
page in the 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 & attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this pr perry. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and apply for a CAMA permit.
(Address)
(1)
(2)
(3)
(4)
ACKNOWLEDGEMENTS:
I, the undersigned, acknowledge that the land owner is aware that the proposed dev
may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit
lar hazard problems associated with this lot. This explanation was accompanied by
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Di
the Local Permit Officer and their agents to enter on the aforementioned lands in connec
related to this permit application.
This the 4�
or person authonzed to act as his/her agent for purpose of filing a CAMA
40y, I )Q % Kc,
tt is planned for an area which
has explained to me the particu-
,endations concerning stabiliza-
n of Coastal Management staff,
with evaluating information
1
*'y
of. ,201.
This application includes: general information (this form), a site drawing as described t
ownership statement, the Ocean Hazard AEC Notice where necessary, a check for $100. t
any information as may be provided orally by the applicant. The details of the applicatio
incorporated without reference in any permit which may be issued. Deviation from these
any permit. Any person developing in an AEC without permit is subject to civil, criminal
application
the back of this application, the
made payable to the locality, and
as described by these sources are
etails will constitute a violation of
administrative action.

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12/15/11 10:29AM HP LASERJET FAX ,I p.34
November 22, 2011
Mr. Charles Potts
4901 Green Breeze Lane
Fuquay-Varina, NC 27526
Dear Charles
This letter is to inform you that we Kenn & Betty Gardner have applied
on our property at 2311 Ocean Drive Emerald Isle, NC, in Carteret Col
CAMA regulations, we have enclosed a copy of my permit application ;
notification of our proposed project. No action is required from you or
enclosed no objection form. if you have any questions or comments ab(
please contact me at [phone], or by mail at the address listed be]
written comments or objections with the Town of Emerald Isle CAMA
may submit them to:
Tim Taylor
Senior Local Permit Officer
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, North Carolina 28594
Sincerely,
IKe Betty Gardner
541 Hunter Hollow Drive
Raleigh, NC 27606
Attachment:
Project Drawing: Proposed Site Plan
Ln
�ci ° °; F
C3 Postage
a
Certilled fee
C3 Return Recelat Fee
O(Endorsement Required)
(Endorcted Fee
sement Required)
0
O Total Postage & Fees
C3
fu
Sueei apt iVo' .......
0 or PO Bo. No. � D�
CiN. State_ Z/Rwd ,� .
Receipts for
Certified Mail
(Staple Here)
a CAMA Minor Permit
y. As requested by
l project drawing as
may sign and return the
my proposed project,
r. If you wish to file
nor Permit Program, you
e'� V1C@�tir
MAIL4m REGEIF
rliNo msurarit Cdvt+ra
;�,
Postmark
Hera
11 /?2/2011

12/15/11 10:29AM HP LASERJET FAX p.35
November 22, 2011 Receipts for
Certified Mail
(Staple Here)
Mr. Dan McCormick
DM Trust LLC
2604 Emerald Drive
N
Emerald Isle, NC 28�94
Dear Dan:
This letter is to inform you that we Kenn &Betty Gardner have applied fc r a CAMA Minor Permit
on our property at 2311 Ocean Drive Emerald Isle, NC. in Carteret Coun . As requested by
CAMA regulations, we have enclosed a copy of my permit application an i project drawing as
notification of our proposed project. No action is required from you or yo i may sign and return the
enclosed no objection form. If you have any questions or comments abou 'my proposed project,
please contact me at [phone], or by mail at the address listed belo . If you wish to file
written comments or objections with the Town of Emerald Isle CAMA or Permit Program, you
may submit them to:
Tim Taylor
Senior Local Permit Officer
Town of Emerald Isle —
7500 Emerald Drive
Emerald Isle, North Carolina 28594 t
Sincerely,
M ♦. i
Ke Betty Car ner
5417 Hunter Hollow Drive l postage � -".U, 14
Raleigh, NC 27606 —o Certlifed fee if Poste
O Retum Receipt fee '{ ' " Here
O (Endorsement Required) I
pReshictad Delivery Fee 1'
Attachment: (Endorsement Required) 111P 12011
Project Drawing: Proposed Site Plan O Total Postage & Fees —
N ent o '
Na; �ueeiApt ..'.sT.............
Vg
por PO Box No. 'k, �_.......................................
�--

12/15/11 10:29AM HP LASERJET FAX
p.36
Project Is In An:
Property Owner:
Property Add
/ AEC HAZARD NOTICE
`! Ocean Erodible Area High Hazard Flood
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can. be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average:ocean erosion rate for the area where your property is
located is Z feet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
-5'0 -feet landward in a major storm.
The flood waters in a major storm are predicted to be about
% 3 feet deep in this area. -
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and requirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
r
IDea. F
Inlet Hazard Area
SPECIAL NOTE: This I azard notice is required for development
in areas subject to sudden wd massive storms and erosion. Permits
issued for development i -this area expire on December 31 of the
third year following t � .ear in which the permit was issued.
Shortly before work begs on the project site, the Local Permit
Officer must be contacted to determine the vegetation line and
setback distance at your s te. If the property has seen little change
since the time of permit i suance, and the proposed development
can still meet the setback requirement, the LPO will inform you
that you may begin wor . Substantial progress on the project
must be made within 60days of this setback determination, or
the setback must be rem4sured. Also, the occurrence of a major
shoreline change as the It ofa storm within the 60-day period
will necessitate remcasurement of the setback. It is important
that you check with the Ll 'O before the permit expires for official
approval to continue th - work after the permit has expired.
Generally, if foundation pilings have been placed and substantial
progress is continuing, psermit renewal can be authorized. It is
unlawful to continue work after permit expiration.
For more information; t ik coact. _
Local Permit Officer i.
Address
Locality 1
Phone Number i
Appjtant Signature Date
Revised 2107

12/15/11 10:29AN
1 of 1
11-66
HP LASERJET FAX p.37
i
TOWN OF EMERALD ISLE
7500 EMERALD DRIVE
EMERALD ISLE, NC 28594
DATE: December 9, 2011
TO: Sara, Classified
FROM: Peggy Grammer, Permit Technician
SUBJECT: CAMA Permit Notification
••rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�rrrrrrrrrrrrrr ■rrrrrerrrrrrrr�
o
Please publish on Sunday December 11, 2011
CAMA PERMIT NOTICE
Pursuant to NCGS 113A-119(b), Emerald Isle, a locality, authorized to issue
permits in Areas of Environmental Concern, through: the Coastal Area
Management Agency (CAMA), hereby gives notice that on, December 8, 2011,
Kenneth Gardner applied for a Minor CAMA Permit to co4truct an addition to
house in an area of Environmental Concern at 2311 Ocean Dr '
The application may be inspected at the address below. Publi comments received
by December 19, 2011 will be considered. Later comments, ill be accepted and
considered up to the time of permit decision. Project modifications may occur
based on further review and comments. Notice of the pemit decision in this
matter will be issued upon written request.
Peggy Grammer
Local CAMA Permit Officer
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
t
252.354.3338
V

12/15/11 10:29AN HP LASERJET FAX
p.38
Town of Emerald Isle
7600 Emerald Drive
Emerald Isle, NC 28694
[phone]
CAMA Permit
Permit Number: 2011-925
Applicant
Name: GARDNER,KENNETH
Address: 5417 HUNTER HOLLOW DR
RALEIGH, NC 27606
Parcel
Parcel Number: 631415537457
Address: OCEAN DR 2311
Section: Township:
Addition: Block: 12
Legal Description:
Owners
Name: GARDNER,KENNETH
Address: 5417 HUNTER HOLLOW DR
RALEIGH, NC 27606
Contractors
Contractor Type: HOMEOWNERIAGENT
Name: SELF
Address: SAME AS PERMIT
Fees and Receipts:
Number
FEE2011-2388
RCPT2011-1271
Description
cama
Page 1 of 2
Printed: 12/8/2011
Approval Da' 12/8/2011
Zoning: R21
Range: VE1
Lot(s): 16-1,
o•
ICE AS PERMIT
i ne: 503-1205
1
i
Total Fees:
Total Receipts:
Conditions
Date: Status: Code:
Condition Description:
Amount
$100.00
$100.00
$100.00
$100.00

12/15/11 10:29AN HP LASERJET FAX
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REFER"CE.
MOP Book 6Jf2 �U£RgLp Me
8Y THE 5 q
Carteret County Reg;stry
°
NOTE Etetmtioas (Contours)���
Are Mean Sea Levrl
NOV 1988
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NOT FOR RECDROudO
PLN.: 6314.15 SJ 7457
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