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HomeMy WebLinkAbout12-10_Weber, George_20120706RECEIVED Town of Emerald Isle 12.10 Local Government 0 C T 15 2012 Permit Number CAMA DC,".5 !1-1DCITE' MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development In an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to George Weber, authorizing development in the Ocean Hazard (AEC) at 2205 Ocean Dr, in Emerald Isle, as requested in the permittee's application, dated March 12, 2012. This permit, issued on July 06, 2012, 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. This permit authorizes: Cover Oceanside existing deck with roof to protect existing structure. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on March 12, 2012. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-354-3338 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) 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 permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2015 In issuing this permit it is agreed that this project is consistent 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 Division of Coastal Management. James Taylor CAMA LOCAL PERMIT OFFICIAL 7500 Emerald Dr. Emerald Isle, NC 28594 PERMITTEE (Signature required if conditions above apply to permit) Name: George Weber Minor Permit # 12.10 Date: July 06, 2012 Page 2 (5) The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by the DCM, the LPO, or other assigned agent of the DCM. (6) The permittee is required to contact the Local Permit Officer 252-354-3338, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. (10)Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (11)AII unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. (12)Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. SIGNATURE: PERMITTEE DATE: ;ac t; 29. 2012 9 : 05AM No.1225 P. 10 PLOY COOPER. AT ANEY GENERAL, STATE OF NORTH CAR OLINA DE'AR.TMEw OF jusnm P.Q, Box 629 REPLY To., MARY L Ur—usE RAMOH, NC 27GD2 ENV'1Tl0NmwrAL DmS[0N Ttu (9�19) 716.6962 1'AX; (919) 716-676J mlucxsae �ncdgj.gnv July 6, 2012 George K. and Michelle L. Weber Certified Mall Return Receipt Requested 877 Laguna Drive and Electronically Wolverine Lake, MI 48390-2016 Re: 'Variance Request for Coastal Area Management Act (CAMA) Permit, CRC-VR-12.03 Dear Mr. and Mrs. Weber: At its June 20, 2012 meeting, the Coastal Resources Commission granted your request for a variance. Attached is a copy of the Final Order, signed by the Chair of the Coastal Resources Commission. Prior to undertaking the development for which a variance was sought, you ,must first obtain a CAMA permit- from the local permitting authority or the Division of Coastal Management. If for some reason you do not agree to the variance as issued, you have the right to appeal the Coastal Resources Commission's decision by filing a petition for judicial review In the superior court of Carteret County within thirty days after receiving the order. A copy of the judicial review petition must be served on the Coastal Resources Commission's agent for service of process at the following address: William Cary, General Counsel Dept. of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 If you goose to file a petition f6f judicial review, I request that you also serve a copy of the petition for judicial review on me at the address listed in the letterhead. If you have any questions, please feel free to contact me. Sin ely, - Spe6eputy Attorney General and Counsel for the Coastal Resources Commission ` 00- 29. 2012 9:05AM No.1225 P. 11 Mr. and Mrs. George K and Michelle L. Weber July.6, 2012 Page 2 cc: 'Wince B. Scroggins Construction, US Mail and Electronically Robert P, Fmory, Jr, electronically Amanda Little, Esq. electronically Braxton Davis, electronically Angela Willis, electronically ` 00. 29. 2012 9:05AM No.1225 P. 12 STATE OF NORTH CAROLINA COUNTY OF CARTERET IN THE MATTER OF: PETITION -FOR VARIANCE BY GEORGE K. WEBER. and MICHELLE L. WEBER BEFORE 7M NORTH CAROLINA COASTAL RESOURCES COMMISSION CRC-VR-12-03 FINAL ORDER This -matter was heard on oral arguments and stipulated facts at the regularly scheduled meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on June 20, 2012 in Beaufort, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq. Assistant Attorney General Amanda P, Little appeared for the Department of Environment and Natural Resources, Division of Coastal Management. Mr. George Weber appeared pro se. Upon consideration of the record documents and the arguments of the parties, the CRC adopts the following: STIRPLATED FA TS 1. George K. Weber and Michelle L. Weber ("Petitioners") own a .44 acre oceanfront lot located at 2205 Ocean Drive in •Emerald Isle, Carteret County, North Carolina (the "property"). 2. The property is located within the Ocean Erodible Area of Environmental Concern ("AEC"), as described in 15A NCAC 7H .0304. 3. Petitioners purchased the property in August of 1999, The existing single-family residence located on the property is 1,200 square feet. I ` Oct.29. 2012 9:05AM No.1225 P. 13 4. The general rule is that "[a] building or other structure less than 5,000 square feet requires a minimum setback of 60 feet or 30 times the shoreline erosion rate, whichever is greater," Rule 15A NCAC 7H. 0306(a)(2)(A). 5. The property currently has an annual long-term erosion rate of 2 feet so the required erosion setback is 60 feet, 6. In early 2003, the Town of Emerald Isle proceeded with a large-scale beach nourishment project including the area where Petitioner's property is iocated. 7, For areas within the boundaries of a large-scale beach fill project, 15A NCAC 71 .0305(a)(6) provides that the vegetation line that existed within one year prior to the onset of the initial project construction shall be defined as the static vegetation line, The static vegetation line shall be used as the reference point for measuring oceanfront setbacks in all locations where it is landward of the vegetation line, 8, In November 2002, the static vegetation line for the Town of Emerald Isle was determined by DCM staff through flagging the vegetation Iine and subsequently surveying the line. The static vegetation line is shown on a series of maps dated December 4, 2002, 9. 15A NCAC 7H .0306(a)(8) provides "a local government or community may petition the Coastal Resources Commission for a static line exception' In accordance with 1SA NCAC 071 .1200 to allow development of property that lies both within the jurisdictional boundary of the petitioner as well as the boundaries of the large-scale beach fill project," 10, On March 24, 2010, the CRC granted the Town of Emerald Isle a "static line exception". 11. On March 13, 2012, the Petitioners submitted to the Town of Emerald Isles v. . ' Oct, 29. 2012 9:05AM No.1225 P. 14 CAMA Local permit Officer (LPO) an application for a Minor Development Permit to construct a roof over an existing 8 ft. x 36 ft, oceanfront deck to protect the existing structure from the elements. 12. 1n accordance with the LAMA Minor Permit Application Process, written notification of the proposed development was provided to the adjacent riparian owners. No objections or comments were received, 13. On March 20, 2012, the Town of Emerald Isle CAMA LPO denied the Petitioners' application based on Petitioners' proposed development being inconsistent with 15A NCAC 07H .0306(a)(8)(D), in that it involved the expansion of an existing structure that "extends oeeanward of the landward -most adjacent building or structure." 14. The Petitioners' proposed development extends oceanward of the landward -most adjacent structure, a single family residence located on the eastern side of Petitioners' property at 2203 Ocean Drive, 15, The Petitioners' proposed development meets all of the conditions set forth in Rule 15A NCAC 7H .0306(a)(8), except subsection (D); "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," 16, The neighboring bouses on the 22nd block of Ocean Drive were built in 1978 or 1979, with the exception of the property adjacent to the eastern side of the Petitioners'. This adjacent property was built 9 years after the Petitioners' home was built and is further landward. The proposed development would not require additional pilings and would not increase the 3 00. 29. 2012 9 : 05AM No.1225 P. 15 overall footprint of the house or oceanfront deck, 17, There are neighboring houses on the eastern and western side of the Petitioners' house that have roofed decks located seaward of Petitioner's proposed development. 18. The proposed development would be located landward of the frontal dune, static vegetation line and the 60-foot Ocean Hazard setback line, 19. The Petitioners' proposed development is consistent with. all the development regulations of the Town of Emerald Isle; thus, there are no local regulations for which they can seek a variance. 20, On May 3, 2012, Petitioners filed this variance request seeking a variance from 15A NCAC 7H 0306(a)(8)(D) (proposed development extends oceanward of the landward -most adjacent building or structure)' in order to construct a roof over their 8 ft. x 36 f, existing oceanfront deck, as proposed in their permit application, C CLUSIQNS OF LAW 1, The CRC has jurisdiction over the parties and the subject matter. 2. All notices for the proceeding were adequate and proper, 3. The Petitioners have demonstrated that strict application of Rule 15A NCAC 7H ,0306(a)(8)(D) to the permit application will result in unnecessary hardship. Strict application of Rule 15A NCAC 7H .0306(a)(8)(D) would cause an unnecessary hardship because Petitioners satisfy all of the specified conditions set forth in rule except that the proposed rooffine would extend occanward of the 'landward•most adjacent building, located at 2203 Ocean Drive. The landward -most adjacent house neighboring Petitioners' property is an anomaly built forward of the existing line of development. Petitioners' house and deck align with the majority of houses 4 ' 0d.29. 2012 9:05AM No.1225 P. 16, that form the existing line of development along this stretch of beach. The "static line exception" rule was not intended to cause the denial of a permit based on an anomalous structure; such a result would place an undue burden on the development of Petitioners' property. 4. The Petitioners have demonstrated that this hardship results from conditions peculiar to Petitioners' .property such as the location, size, or topography of the property. The landward -mast adjacent building was constructed nine years after Petitioners' residence was built and is further landward than Petitioners' property. As a result of the peculiar placement of the neighboring residence at 2203 Ocean Drive, Petitioners' property is approximately three feet out of compliance, despite Petitioners' property being well within the CAMA required sixty -foot setback. Petitioners' property has a seaward face of 114 feet, the second furthest of all homes on the 22nd block of Ocean Drive. Only the residence located at 2203 Ocean Drive, the property creating the non -conformity, has a farther seaward face. Petitioners are being penalized because their property is located immediately adjacent to a property with development located significantly landward of the predominant line of development along, the oceanfront of this area. It is this condition peculiar to the location of Petitioner's property that is causing the hardship.. 5. The Petitioners have demonstrated that this hardship does not result from actions taken by the Petitioners„ Petitioners' hardship is due to the landward location of the neighboring residence to the east at 2203 Ocean Drive, which was built subsequent to the construction of Petitioners' house. Petitioners have also exhausted all IooaI relief efforts because the proposed development is consistent with all Town development regulations and there are no local regulations from which Petitioners can seek a variance. 5 Oct.29. 2012 9:05AM No.1225 P. 17 6, The Petitioners have demonstrated (a) that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety and welfare, and (o) that it will preserve substantial justice. The spirit, purpose, and intent of Rule 15A NCAC 7H .0306(a) is "to protect life and property'." This is the underlying reason for the CRC adopting erosion setback requirements, including the static line requirements in Ocean Hazard AECs. The spirit, purpose, and intent of the "static line exception," as provided in subsection (8) of that Mule, is to allow property owners to build in previously unbuildable areas, as long as the specified conditions are met, to both protect the aesthetic and environmental value of our state's coastal resources while preventing encroachment of permanent structures on to the public beaches. The proposed project will be consistent with the spirit, purpose, and intent of the CRC's rules in that petitioners are seeking to develop their property in a manner that does not harm the aesthetic and environmental value of our state's coastal resources, and the proposed development more than meets the minimum distance setback requirements from the vegetation line. Petitioners' development will also secure public safety and welfare, and preserve substantial justice. Public safety and welfare will be maintained because Petitioners' proposed addition does not encroach any Anther oceanward than their existing footprint. Substantial justice will also be preserved because Petitioners' proposed addition will be located landward of most of the neighboring houses in the surrounding area. Furthermore, allowing Petitioners' development to extend oceanward of the landward - most adjacent building will have a negligible impact on the management objective of the Ocean Hazard AEC of "minimizing losses to life and property," as stated in 15A NCAC 7H ,0303(b). 'Oct, 29. 2012 9: 05AM No.1225 P. 18 Petitioners' proposed addition will not increase the size of the existing deck and would be located well behind the frontal dune, vegetation line and the 60-foot Ocean Hazard erosion setback line. QRDE THEREFORE, the variance from 15A NCAC 7H .0306(a)(8)(D) is GRANTED, allowing Petitioners' proposed extension of the existing roofline of the residence located at 2205 Ocean ]drive in Emerald Isle, The granting of this variance does not relieve Petitioners of the responsibility for obtaining a CAMA permit from the proper permitting authority. This variance is based upon the Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of this variance and to take any appropriate action should it be shown that any of the above Stipulated Facts is not true. This the —ay of July 2012. a ,- 1 Robert R. Emory, Jr., Chairman Coastal Resources Commission 4 7 Oct. 29. 2012 9: 06AM No. 1225 P. 19 E� RMCATE OF StRYICE This is to certify that I have this day served the foregoing FINAL ORDER upon the parties by the methods indicated below: George K. & Michelle L. Weber 877 Laguna Drive Wolverine Labe, MI 48390-2016 Vince B. Seroggins Construction 215 White Oak Bluff Road Stella, NC 28582 Amanda P. Little Assistant Attorney General N,C. Department of rustice P.O. Box 629 Raleigh, NC 27603 Braxton Davis Angela Willis Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Certoed Mai1/1teturn Receipt Requested and Electronically zweber3 ,ford.com U.S Mail and Electronically at vincebscxog&sconatruotion@yahoo.com Electronically at Amaad&IittIe a nMdenr,gov Eleclronicallkat braxton.davis@ncdenr,gov and angelanwillis@ncdenr.gov This the L# ' day of July 20124ia asse uty Attorney General N.C. Department of Justice P.O. Box 629 Raleigh, N. C. 27602 Commission Counsel act.29. 2012 9:06AM No.1225 P. 20 Department of Planning and Inspecdons KeviaB. Reed, AMP, Director kreedi&emeraCdtste-nc.orrg March 20, 2012 Town of Emerafifkfi� Mr. George Weber 877 Laguna Drive Wolverine Lake, NR 48390-2016 7500 Emerald Drive Emerald Isle, = 28594 Voice 252-354-3338 Fax 25M54-5387 RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT APPLICATION NUMBER 2012-10 PROMCT ADDRESS —2205 OCEAN DRIVE, EMERALD ISLE, NC 28594 Dear Mr. Weber: 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 nay 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 it2012-10 with the proposed development of a roof over an ocean side deck on as existing single family dwelling to be located seaward of the most landward adjacent building which is inconsistent with 15 NOAC 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 oa 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 • c ; 012 9:06AM No. 1225 , P. 21 Morehead City must receive appeal notices within twenty (20) days of the date of this letter in order to be considered. R of ours, r s . Taylor, Jr., LPQ Town of Emerald Isle 7500 Emerald Dr Emerald Isle, NC 28594 cc: Barry Guthrie, DCM . • Oc•t.29. 2012 9:06AM No.1225 P. 22 March 8, 2012 Adam L. Showell 3701 Atlantic Avenue Ocean City, MD 21842 Dear Mr. Showell: This letter is to inform you that I, George Weber, have applied for a CAMA Minor Permit on my property at 2205 Ocean Drive, Emerald Isle, In Carteret County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action Is required from you or you may sign and return the enclosed no objection form. Ifyou have any questions or comments about my proposed project, please contact me at 252 725 7178, or by mail at the address listed below. If you wish to file written comments or objections with the Emerald Isle CAMA Minor Permit program, you may submit them to; Town of Emerald Isle Inspection Department 7500 Emerald Drive Emerald Isle, NC 28594 Z tfully 6.4, "�' George Weber C/0 Vince B. Scroggins Construction 215 White Oak Bluff Rd Stella, NC 28582-9757 Oct.29. 2012 4:06AM No.1225 P. 23 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR GAMA MINOR PERMITS I hereby certify that 1 own property adjacent toG-'?lZ (Name of property Owner) property located ati 0,(� �'C-�4�✓ �2l U , Address, Let. Block, Road. etc.) on 7"LA Atr-, G Llcew,. , rn t rn E 19 c Z> s c , nr.c;. (Wateibody) (Town andfor County) He has described to me as shown in the attached applicatiori and project drawing(s), the development he Is proposing at that location, and, I have no objec►)ons to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) Sianature Ftfnt or Type Name Telephone number Date THIS PAGE WAS INSERTED BY ONE SOURCE DOCUMENT SOLUTIONS THE FOLLOWING DOCUMENT(S) ARE OF POOR QUALITY EVERY REASONABLE ATTEMPT WAS MADE TO IMPROVE THE QUALITY OF THE DOCUMENT(S) = Oct 29. 2012 9:06AM No, P. 24 }.. _...... w.; r �. m.. r: e' ....« +. . : .fit: . �5- �ip...t„ ` sc � `..tb .t,, . A: 'C.:;z /..A ,D._ .:,t'M �,r• i @' ' l,.g ..Ci . .. 1, ^,'-,•,:: ::,• •; �,:: rr r. 7'r;,•.'ti:'(;: :,• r4l:: ,+ .. ''i' t' .'.a?':. `:t ..::::3.1 '• ••• .a'. • _ rr' my t. 1':' -.-W!(' I "A1)+"�•.: t i~! �: Z:: j!e 3 :� {<.: 1 _.1 - i .. - - ?> . �• .. 4... •....., .! .... . .�: 1. =.77� .a;' :l`'`.,:: '': •! .. 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Yn"``' ";7. .c .,,.. •. -... v, ::'..;::r.. ,'m.::; .. :.: ..,.. ..-. .: ...... .... - -,:YJxe :-tf,: .\._•v. a`r ,q,"•M9. .. ... do �. .:.;,.;. ...,:......,. .......-.. !�`'! ,r. <;C� <.. ::.,. •., '�'.iiY' . is :.is•.:'-•:..:.,::r..:::.•:r:•:a•,• :•'/.:.• :': '. ..... .. : .. ..........._.. .. ... ... ... ......_.. .. Oct. 29. 2012 9:07AM No, 1225 P. 25 March 81, 2012 Nicholas B. Sollenberger 5430 Cumberland Hwy Chambersburg, PA 17202 Dear Mr. Sollenberger: This letter is to inform you that I, George Weber, have applied for a CAMA Minor Permit on my property at 2205 Ocean Drive, Emerald Isle, In Carteret County. As required by CAMA regulations, 1 have enclosed a copy of my permit application and project drawing(s) as notification of.my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at 252 725 7178, or by mail at the address listed below. If you wish to file written comments or objections with the Emerald Isle CAMA Minor Permit Program, you may submit them to; Town of Emerald Isle Inspection Department 7500 Emerald Drive Emerald Isle, NC 28594 Respectfully, George Weber C/O Vince B. Scroggins Construction 215 White Oak Bluff Rd Stella, NC 28582-9757 No.1225 P. 26 j Oct.. 29. 2012 9: 07AM Bogus Sound Emerald Or. �' Ocean Reel Ocean D!. �70 Atlanflo Ocean TOTAL LOT AREA ZEGENA7 19,208 sq. Ft. C/L -- Centerline (Caerd, Method) OMP Overhead Power Line R/W - Right of Way At1a21tte Ocean Nan-Yonumented Corners dr Une Per Atop gook I: Poe 74 •4 BS'4020V 7322' • @ 'I fket Una of Aytad I IstabN *g.&&. I . Pa' Tom or Enavid e VICINxTY MAP —NOT TO SCALE �s w ~aly 4.3y y 1� K yNOW �a yegelvHon Line Par A1ap W Stroud Enginmcing Titled `BOGUC &WJks BEACH NOURISHMUff I I PROdkWT 2002 PHASE 11' f JE q� For Town of Ernerotd Isle Doted 12-04-02 Mall � �I J`bt �e o iron Pipe Sot J__ J W CAW� yR Q ' most Landward Adia—g owea ng U • . do' Reef 0,anan 24.411 .T` O J A F Q tron No Sat � 1 Vf I" n lµ Oaak ^ ' O i d I s.a�� • � �]' fd.p' I STORY p tot fi Waal Fweea NOTE Fanca 0.2' Se Lo �t nmc ON PxAVcs I N n W eagtn Wood Fangs •_ :M We. tJne End Rape fang lam REl<ERENCE.. Ekisttn8 iron Rod r _ rC Li- r , J arzi •w, n J«.Z, 46 To E40ng AIv Nall At 505.64 The CA 1nfatsact1gn Of Lot 10 Revised 751ANp 5NORE' B/k. 1 r Rod ,�-•-tt BO'3 oa E 7140' Ocean Or. 73rd SL Idap Book 15 Poge 74 iCh�) Cartar+et Count. Registry r • f OCEAN DRIVE NOT FOR RECORDING (60' public R/W) PIN.: 6314.15 63 5613 FLOOD -'ONE.- YE (1.30 j 7-16-0,7 Per Firm 37DO47 6314 J'- SUED. REC.; July 1978 40 o 40 so 120 GRAI'IiIC SCALE 777!���� r MWVY riaTiw YAP WAS DRAWN UM)& MY SUPS Rom AN AC7r.}tt sAWry rtaaE Mom o+ 2-2a-12 Physical Survey For: �SnPAD0 D6� R may W PW So SURW�i 2-2 --- Lzy Tpttr PC awhavm Nor sumt�fn.wE JMCMV As 61711N FROM AvtUW?kN GED.�GE K. �YEB.E'.l� rx Boox — PACE oR on#R REtprf7�,Cf Pa5lnONAL ALL'tfaAG7 tS J i na OF f'RY aQ . ANU rrur nos mAP 1 y �. Town Of Emerald ZakI,EETS htE RECNpRFLfNI"' OP' 7NE SrAnn4Ros Of PRnCli4^� M MAN) SVRVEnW 1N NaRat C1jNXM (21 Alil 3Q f6W). 8e ZI.T tl t� Oak •. owmship nr/s im 61Y 0 marWr 20. sB ZiJ i.'d1 t t C t re aunt , North Carolina Bell & Phillips Surveying, PLLC 604E CEDAR POINT BLvD. CEDAR POINT, N.C. 28584 TELL: (252)-393---6101, LTC. No.; P-0381 EA&IL: pat6Pki11ip8®eastnc.tVCbC.c0m Oct.29. 2012 9:04AM No.1225 P. 2 GIEMRAL INFORMATION LAND Name I Address X './" C. U V -L-�;f v r of City Cc�o �1 , ' CiQ State /�_Z: Zip W3 a' Phone 3 / 3 F.C-A K22 54 // Email t)e (--3 , r4', c »n-� AUTHORIZED AGENT Name 4 d e � 1-5 %) Al Xrn« aJ Address City !ti State fY Zip.? FS -k� Phone S" L ` '7/ PP )n5 DJ - LOCATION OF PROJECT% (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacentwaterbody.) "�o20 C�C� it/4 t�ir]`rQAc �s DESCRIPTION OF PROJECT: Dist all proposed construction and land disturbance.) CD om- OC "% 4JS1D c Z/) &c.< 7 _,go r P'P'' SEC 7- SIZE OF LOT/PARCEL: 192,09 square feet acres PROPOSED USE: Residential 4d (Single-family Multi-faruity Q) Con unerciaUlndustrial [i Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Zoeal Permit Officer if you are not sure which AEC applies to yourproperty): (1) OCEAN 'HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRIJ'CTUREr 90 . 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) (2) COASTAL SHORE NE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: I square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete ormasonry 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 area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? YES NO ✓ If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet. 0c t. 29. 2012 9: 04AM No.1225 P. 3 OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including, but not limited to; Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home park Approval, Highway Connection, and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: X, the undersigned, an applicant for a CAMA. minor development permit, being either the owner of property in an AEC 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: (check one) r/ an owner or recor title, Title is vested in 06-oze- 6- 6A-6E _ see Deed Book page !i V in the �o er g �y ; 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 OFADJACENT 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. (Name) (Address) /Vd 141�cc ��� �irc�.�J:� ✓ aae; (3) (4) ACKNOWLEDGEMENTS: I, the undersigned, acknowledge that the ladd 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 particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands. in connection with evaluating information related to this permit application. This the day of dh4. , 20/ �,,, Landowner or person authorized to act as his/her agent for purpose of filing a CAMA permit application This application Includes., general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean HaxardAEC Notice where necessary, a checkfor $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application 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. Arty person developing in an AEC without permit is subject to civil, criminal and administrative action. Oct. 29. 2012 9 : 04AM No. 1225 - P. 4 Town of Emerald Isle 7500 Emerald Drive Emerald Isle, NC 28594 (252)354-3338 8 CAMA Permit Page 1 of 2 Permit Number: 2012-227 Printed: 3/13/2012 Applicant Name: WEBER, GEORGE Address: 877 LAGUNA DR WALLED LAKE, MI 48390 Phone: 9199422724 Approval Date: 3/13/2012 Parcel Parcel Number: 631415636613 Zoning: R2 Address: OCEAN DR 2205 EMERALD ISLE NC 28594 Section: Township: Range: Addition: ISLAND SHORES Block: 11 Lot(s): 10 Legal Description: , Owners Name: WEBER, GEORGE . Address: 877 LAGUNA DR WALLED LAKE, MI 48390 Contractors Contractor Type: HOMEOWNER/AGENT Name: SELF Address: SAME AS PERMIT Phone: 9199422724 SAME AS PERMIT Phone: 503-1205 Fees and Receipts: Number Description Amount FEE2012-527 cama $100.00 Total Fees: $100.00 RCPT2012-322 $100.00 Total Receipts: $100.00 Conditions Date: Status: Code: M. 29. 2012 9:04AM No.1225 P. 5 -�: :OCEAN 'HAZARD•AEG NOTICE ' ;Pro eatVi 'iri;an `; Ocean Erodible Ards High Hazard Flopd Area Iniet,Haxard Area ..��j } .'t',C.�� •''.,•,.,4,+; } >''. • • .. /'i /� h .`'• a�:+ i7'4: V ••dry ^ 1 .j� r. c,rr. . •'' ��� S'�/i'' ' • ' ' ' Qate�I,at�Was',�PlaEfed— .. • • • • the a tic' aware'of the SP.,ECIAL. ' NOTI=: This -hazard notice.-. ' required for :'..,.:,,r;,; � his nod ea editions ass ciatcd �vitli de cla meth in. is. developineiti in -areas subjeet i6: sudden and ina'ssive stones and which 1,sub'ect;to•nstrirai hazards'suoh as storms, erosion erosion:'. Permits issued for development ,in.tliis area cxpire:pr+ ana.,.cdirepts;'rTtib:rules of Coastal Resources Commission D,eceliiber 31 of the third year fQl[owing the`year in which the .the :. 'r4giiirQ;.'.'t}i`pC:: ;yDi% ; recoive'' an , AI c Hazard Ngtice and 'permit was issued. Shortly befom work tieairls: on the project ' . ::aelalaw edge 'a}at','.iiotiee in. wrifitig before, a pctiitit for site, the Local Permit.Officer trtust be contacted to determine the , `'` i eveTaprrie i['crari b'w.issued.' vcgcteition'lino and satbaek•distznce at your sikc: if the proporty iiss We changethe dru.-.Gf permit issuance, snd'tlle, s"dards, 1111eS: 011 buildipg, .,oce.omaoPt .seen ,since proposed rlcvdlopmcnt caa'sril] n1cCL the S0ti?ack reguiremerrr, ;' etbai<Ii gad',diiue,afitxratiot?s ,fie designed to minimize, but not. the L?p will lnfotm you That you rnay,beginwvork. Substantial `:;;neliinrnute;!.propir ty:loss frgta haz<uds,"By granting, pacts, the progress on the project must be made' wi[ltin 6l},days of this oastalRcQurcos.Coriunission dpes adt gllarap{ce the safety of 'setback determination, or. the setback must be re-measured.;Also, ' 'a yelopttietit.aud, ossimes no:Iiability for future damage to [he oceuirence of a major shorelitic,change.as the resuit' Of ;;tile. elbppiept''1'eimifis .issued in the•Ocean Hazard Area of storm wldi n the 60-day period will tiecessitatc-r-e-tticasurcrr:ent ,;':tli .cic `,:, t, • .:.: ,%=:...,•.;. <.: )~nv,ronizteptal Caiicern.Sueiude the coridiiion that slr ictutos be important CUat ou .cliec: k with the LPD of, the setback. It is imp y ,,, :FcXoigted,;;o;disraaq[lea:if':they become immuoently, thxeataned Uefore the permit.expires for oiiiciel approval 10 cantinne the ' :'Eiy?ciigliges%fn shoieline,COri gwitio&i 'Uestructura{s) musl*be moork after the permit has expired. ,Generally. Jr foundation •:' :%:TGlocated; QT; is,uailticd_''�xithi s t vo,•(�), years of ' becomirig pilings 114��e beon placed and substantial progress'is contu�uirp, . Yt is utila�vti,l: . continue .,Ti renewal- can' be authorizedo ir`liniirentl tltteafened; .end, iri.:at,y case upon its collapse or permit s' work after permit expiration.. ' bcst!SYatlable; lnformatiori,: as accepletl by the Coastal 0� t1t0l C. f11 fD111SQ110ll, Coy+l/�Ct: Tesources, ..pniiriisslQAi,• indicates thai the annual Iona terjit t]le area where is erosiori.:M e;Por yow property 'fdet per •year_ Local Permit OfG'aer �s ,:cst4llshed by cartful anilysis of. aerial :.µphotorap)is o[the:roasiGrie:tal;cn aver die past SO years. 0 t` dies°als ;fudjcatc,:that.tha shorelind.'could move as much as O feerlandivard le &major stun Address , fldod'si,atort-in a major storm are predicted to be about Locality fe:;dec pi:tt(is[ca. :X?refeirr{l o ri on protecti�n rr*ieBsnreS i►tC beach• nourMun6rlt 71,52 35'C/ 3 33 e .' %aua relQcaSf�n' tlllZ$tt lled,`&tIUCLuri;s. Hard erosion control 1 .Of: d iCtln4c slicli.pS $ullcheacL4;;seawallsi revetments, groins, jetties sand bags lnay be Phone Nuti7ber ;;aiul'lirtia,�vaters ie'pt'ohiGited:'Teniporary 'audioiicd':viidr cciiaii nrnidi{ions. ''riic•;?applicai►t.,.Ymust, `acinovtrledge this iafunr,atia, and rc`quiicricois liy:5igiiiig'this notice. in the spaco below. Without ::.` ;':tlie:prgperysignatuz be application .will ilot be complete. vo -�Applfcsnt%S'frira Date fJ Revised May 2010 4.0 VC.L. 17. cu 11 7: 04AM No.1225 P. 7 Department of Planning and lnspeclions Kevin B. i ted, AICP, Director ]reed oMcraldisle-nc org March 20, 2012 Town o�EmeraldIsCe Mr. George Weber 877 Laguna Drive Wolverine Take, M[ 48390-2017 7500 Emerald Drive Emerald Isle, NC 28594 Voice 252-354-3338 Fox 252-354-5387 M: Minor LAMA Permit Application #-2012-10 — 2205 Ocean Drive, Emerald Isle, NC Dear Mr. Weber: This letter is in regards to your recent request for a Minor CAMA Permit for an addition to an existing single-family residence at 2311Ocean 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 nay 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. Your proposed development, which consists of constructing a roof over an existing ocean side deck, is consistent with all Town development regulations. Based on this fact, 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, J&�� If. P-ac'6 Kevin B. Reed, AZCP, CFM, CZO Director of Planning and Inspections