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HomeMy WebLinkAbout04-39_Cooper Jr, A.B_20041110TOWN OF ATLANTIC BEACH INSPECTION & PLANNING DEPARTMENT 125 West Fort Macon Road Atlantic Beach, NC 28512 November 23, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED A. B. Cooper, Jr. P.O. Box 250 Atlantic Beach, N.C. 28512 RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT APPLICATION REQUEST FOR A 14' X 14' OPEN DECK WITHIN THE 30' BUFFER Dear Mr. Cooper, d This letter is in response to a CAMA Minor Development Permit application applied for on your behalf by Kenneth Wallace. The application was received complete in this office on November 10, 2004. After reviewing your application in conjunction with the development standards required by the Coastal Area Management Act (CAMA), it is my determination that no permit may be granted for the project you have proposed. This decision is based on NCGS 113A-120(8), which requires that all applications that are inconsistent with CAMA guidelines be denied. You have applied to construct a 14' x 14' open deck to be located completely within 30' of the normal high water mark on the rear of an existing mobile home and a.5' x 30' walkway partially within 30' of the normal high water mark located at 105 North Shore MHP in Atlantic Beach, Carteret County. It is important to note that under the policies of the Division of Coastal Management, North Shore MHP is considered a single tract of land and therefore permits are not evaluated on each individual lease portion of the park. The proposed development is inconsistent with 15A NCAC 07H.0209(d)(10)(F), which states that "decks/observation decks limited to slated, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet" within the 30' buffer as measured from the normal high water mark. The park already has more than 200 square feet of open deck within 30' of the normal high water mark. Should you wish to appeal my decision to the Coastal Resources Commission or request a Variance from that group, please contact me so that the appropriate forms may be completed for the Commission's review. The Division of Coastal Management in Raleigh must receive appeal notices within twenty (20) days of your receipt of this letter in order to be considered. Sincerely, QMW--Tu—kw/KEC---� Donna Turner Local CAMA Permit Officer Xc: Mark Hardeman, DCM Field Representative Charles Jones, DCM Director Ted Tyndall, DCM Assistant Director Kenneth Wallace, Authorized Agent POST OFFICE BOX 10 - ATLANTIC BEACH, NORTH CAROLINA 28512 (252) 726-4456 - FAX (252) 727-7043 GENERAL INFORMATION LAND OWNER Name AUTHORIZED AGENT NOV 1 G 2004 Morehead City DCM State &C- _Zip C91�03 Phone-A-9o?—ZAPS _94:�//2 LOCATION OF PROJECT: (Address, street n the adjacent waterbody0 1,49 S /2 - and/or directions to site. If not oceanfront, what is the name of DESCRIPTION OF PROJECT: (List all pro osed construction and land disturbance.) N SIZE OF LOT/PARCEL: square feet PROPOSED USE: Residential (Singl e-family — Multi -family �f�17­;,FTH Rif" acres —) Commerical/Industrial BUILDING IN THE OCEAN HAZARD AREA OF ENVI- square feet (includes all floors and roof -covered decks) OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN ENVIRONMENTAL CONCERN (AEC): sq. & ine of all buildings, driveways, covered decks, concrete or masonry patios, your calculations with the project drawing.) property: te Estuarine Shoreline AEC the Estuarine Shoreline AEC, adjacent to Outstanding AEC )t sure which AEC applies to your property.) `\\ r PERMIT: Is the project located in an area subject to a - the N.C. Division of Water Quality? T U. urface allowed for your lot or parcel.. square feet. 1THER PERNHTS MAYBE REQUIRED: The activity you are planning may require permits other than the CAMA minor 4 -velopment permit. As a service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list ith your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, SepdcTank (or other sanitary waste eatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, and Dune, Sediment Control, Subdivision Approval, Mobile Home ParkApproval, Highway, Connection, and others. r� O z TATEMENT OF OWNERSHIP: i the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a :rson authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person ;red as landowner on this application has a significant interest in the real property described therein. This interest can be :scribed as: (check one) _an owner or record title. Title is vested in , see Deed Book tge in the County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate of -obate was in County. Lf othpr interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. FOTIFICATION OF ADJACENT PROPERTY OWNERS: furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given CTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) OR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to osion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ- ed with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech- .ques. ERMISSION TO ENTER ON LAND: Furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to iter on the aforementioned lands in connection with evaluating information related to, this permit application. his application includes: general information (this form), a site drawing as described on the back of this application, the �vnership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor- ation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated ithout reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any :rson developing in an AEC without permit is subject to civil, criminal and administrative action. This the A02 day . ✓ / 1 ✓ Landowner or person authorized to act as his agent for purpose of filing a CAMA permit application. TOWN OF ATLANTIC BEACH INSPECTION & PLANNING DEPARTMENT 125 West Fort Macon Road Atlantic Beach, NC 28512 November 10, 2004 A. B. Cooper, Jr. P.O. Box 250 Atlantic Beach, N.C. 28512 Dear Mr. Cooper. The N.C. Division of Coastal Management hereby acknowledges receipt of your application for State approval for minor development of your property located at 105 North Shore MHP, Atlantic Beach in Carteret County. It was received complete on November 10, 2004 and appears to be adequate for processing at this time. The deadline for making a permit decision is December 5, 2004. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a, conspicuous point along your. property where it can be observed from a public road. Some examples would be: Nailing the notice'card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be notified. Please contact me if you have any questions. Sincerety, Donna Turner CAMA Local Permit Officer Town of Atlantic Beach enclosure xc: Mark Hardeman, DCM Field Representative Kenneth Wallace, Authorized Agent . r%^e,T Mn n _ A" AAITI/� Mr-A/�$ 1 •1/Y I1T11 r%A M^1 IA1A - I --- I • •-- — i I.+r-�. — r-VO 1 Lli r'ili— --A IV - Y.i Lri � i I%, vCY.'vii, iVl.iri i rlC.ifilillLiitiii G8012 - kG.iG) I eU-44DU - i AA tLJL) i Li -i U43 TOWN OF ATLANTIC BEACH INSPECTION & PLANNING DEPARTMENT 125 West Fort Macon Road Atlantic Beach, NC 28512 NOTICE OF FILING AN APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(b), the Town of Atlantic Beach, a locality authorized to issue CAMA Permits in areas of environmental concern, hereby gives notice that on November 10, 2004, Kenneth Wallace applied for a CAMA Permit to construct an open deck located at 105 North Shore MHP in Atlantic Beach, NC. The application may be inspected at the address below. Public comments received by November 22, 2004 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Donna Turner LOCAL CAMA PERMIT OFFICER FOR THE TOWN OF ATLANTIC BEACH 125 W. Fort Macon Rd. P.O. Box 10 Atlantic Beach, NC 28512 2521726-4456 PLEASE PUBLISH ON: Friday, November 12, 2004 POST OFFICE BOX 10 - AI LAN T iG BEACH, NORTH CAROUNA 28512 - (252) 726-4456 - FAX (252) 727-7043 ri r � NOV-11-2004 03:03PM FROM -ULNA SALES 2522123724 T-618 P.001/002 F-393 Universal Leaf Nort .Ainerica.XJS., Inc. P.O. BOX 8420 Rocky Mount, NC 27804-1428 Phone (262) 212-3700 • Fax (252) 212.3724 FACSIMILE COVER SHEET HATE /l /l d TO ,a,�ir/AEG/'iATTN, FROM FAX NUMBER NUMBER OF PAGES INCLUDING COVER SHEET � 7- MESSAGE- ,� ;Wvf ,lr -t�- '4WX16*4- 0/ ,,NOV-11-2004 03:03PM FROM -ULNA SALES 2522123724 T-616 P.002/002 F-393 November 9, 2004 To whom it may concern: The building permit application for the attached deck is not strictly for recreational Purposes. Our grandson who is 16 month old will be spending a lot of time at this location with us. He is highly sensitive to insect bites because he is a red head and has very sensitive skin. The property we are leasing is infested withBWAM which we treat but obviously they come right back. Without a deck the child cannot play outside without coming in contact with the anus. Therefore we ask that you give this your utmost consideration when issuing the building permit for the deck in order that our grandson can enjoy his visits to the coast of N.C. with us. If needed the pediatrician can provide documentation for the above November 9; 2004 To whom it may concern: The building permit application for the attached deck is not strictly for recreational purposes. Our grandson who is 16 month old will be spending a lot of time at this location with us. He is highly sensitive to insect bites because he is a red head and has very sensitive skin. The property we are leasing is infested with red ants which we treat but obviously they come right back. Without a deck the child cannot play outside without coming in contact with the ants. Therefore we ask that you give this your utmost consideration when issuing the building permit for the deck in order that our grandson can enjoy his visits to the coast of N.C. with us. If needed the pediatrician can provide documentation for the above.