56571D - Fowler

CAMA / i DREDGE & FILL
63ENERAL PERMIT Previous permit #
New 'Modification Complete Reissue Partial Reissue Date previous permit issued
)*d by the State of North Carolina, Department of Environment and Natural Resources
Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 976Z
/ ]46
❑ Rules attached.
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yes / no PNA yes / no Crit.Hab. yes / no
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Special Conditions ��, / / A

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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER Mj GORING PILINGSBOATLIFTBOATHOUSE)
I hereby certify that I own property adjacent to M q L 'Fow 1e c- 's
I ('_Name of Property Owner)
t
property located at i CON O
(Lot, Block, Road, etc.)
on >J�I N�. ,in Q'J, & a P�VNS(,U,�( �, ,N.C.
(Waterbody) (Town and/or County)
Applicant's phone #: 9 (0-(-9 Z g Mailing Address: R0, 90x 10 1
Saai� -tN r,oesc.29,s7
He has described to me, as shown below, the development he is proposing at that location, and, I
have no objections to his proposal. I understand that a pier/mooring pilings / boatlift / boathouse
must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do not wish to waive
_ I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
-------------------------------------------------------------------------------------------------------------------
(Information for Property Owner Applying (Riparian Property Owner Information)
for Permit) C�
P,© • gqo X, 101
Mailing Address Signature

4/2010 12:02 FAX [phone] J.H. ALLEN 1NU. lgVV
io 2010 12:48PM HP LRSERJET FAX
4--It EEC/, vG./
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PL9"0O.RING PLLipiGSIBOATLrFT/BOATHOUSE)
I hereby certify that I own properly adjacent to 1'I &C- F-ow lea 's
d (Name of Property Owner)
properly located at i 1 d2pJCo n)
(Lot, Block, Road, etc.)
on i `
n-019' $w0� 1U)i -k— C v• . N.C.
(Waterbody) (Town and/or County)
Applfeamt's phone #:91 D�vg2-- `I72S MathnE Address: - Q 0,& 961
e nl es 1J CzS?�3 �
He has described to me, as shown below, the devslopment he is proposing at that location, and, I
have no objections to his proposal. I understand chat a pier/mooring pilirlgs / boatlift / boathouse
must be set back a minimum distance of fifteen fe:et (15') from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I S o qo wish to waive
I �o wish to waive that setback requirement.
----•------- ----------------------------W-------------------_.......----------------- ...----- ----------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT.
(To be filled In by individued proposing development)
--------------------------------------------------------
(Information for Property Owner A•pplyiag (R1p is Property Owner Information)
for Permit)
PC) kr. D
Mailing Addreas V Signature
I 4ea7 S. N. AJC,
City/state/Zip Print or Type Name

12-14-10;03:54PM;Fowler Electrical Contractors ;9106927220
Dec. 15, 2010 3:40AM GUY C LEE=.<;�:.. No.8915 P. 2.
North Carolina Department of "nvironment and Natural Resources
Beverly Eaves Perdue
Division of Coas(al Management
-
Goyemor James H."Gregson
Director
AG NT : UTH. Rla , TI.O[V FORM
Date:
Name of Property. Owner Applying for Permit:
1 A-C Fo w l,,k
MallingA, ddress:
Sou�l�_rAj e-S N 283�
Phone Number:
i'certify that I have authorized (agent) nn
4ANLQ 2 to act on my
behalf, for the purpose of applying for and obtaining all CAMA permits necessary to install or construct (activity) _ N e t,J p; e � . 1....1'
at (my property located at)
"his certification is valid thru (date)
Dee Freei
Secre
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TOWN OF OCEAN ISLE BEACH
BOARD OF ADJUSTMENT MEETING
July 27, 2010
MEMBERS PRESENT
David Martin, Vice -Chairperson
Ida Moon
Jo Lammonds
Wayne Rowell
Trish Collins
Jack Milton
Todd Robertson
MEMBERS ABSENT
Frank Williamson
STAFF PRESENT
Daisy Ivey, Town Administrator
Larry Sellers, Assistant Town Administrator
Sue Stuhr, Town Clerk
Justin Whiteside, Planning Director
Kitty Coley, Board of Adjustment Secretary
OTHERS PRESENT
McLeod Fowler
Janet Fowler
Doug Allen
HEARING CALLED TO ORDER
Vice -Chairperson David Martin called the hearing to order.
ADMINISTRATION OF OATH
Mrs. Sue Stuhr, Town Clerk, administered the oath of office to Mrs. Ida Moon and Mr.
Martin as reappointed members of the Board of Adjustment.
ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON
Upon a motion by Mr. Jack Milton with a second by Mr. Martin, Mr. Wayne Rowell was
nominated to be appointed to serve as Chairperson of the Board of Adjustment for the upcoming
year. Mr. Milton made the motion with a second by Mrs. Lammonds to reappoint Mr. Martin as
Vice -Chairperson. With no additional nominations received, the Board of Adjustment voted
im�nim�nolcr *� onnnrt *anon r�mnnti r.ro

Board of Adjustment (Cont.)
July 27, 2010
Page 2.
APPROVAL OF MINUTES
Upon a motion by Mrs. Lammonds with a second by Mrs. Moon the minutes of the
October 28, 2008 hearing were approved. The vote was unanimous.
NEW BUSINESS
Chairperson Rowell stated the first item of new business for the purpose of this hearing
was a request from Mr. McLeod Fowler regarding a variance to place a dock in the canal at 1
Concord Street. Mr. McLeod Fowler, Mrs. Janet Fowler, Mr. Doug Allen and Mr. Justin
Whiteside were sworn in by Mrs. Kitty Coley, Board of Adjustment Secretary, to render
testimony during this hearing. Chairperson Rowell requested that Mr. Whiteside summarize this
case. Mr. Whiteside requested the contents of the Board of Adjustment packet be entered into
the records. Mr. Whiteside stated that Mr. and Mrs. Fowler own the property at 1 Concord Street
and had applied for a variance to place a floating dock closer than the Town's required ten foot
side setback would allow. Mr. Whiteside also stated there was an existing walkway that extends
over the marsh to the water's edge. Mr. Whiteside expressed that aerial photos from the 1970's
had been reviewed which did not indicate that a floating dock had ever been in this location. Mr.
Whiteside noted a map was included in the packet of when the property was platted.
Mr. Whiteside acknowledged that staff's response indicated the Town's ordinance
requires a 10' setback from the side property line for the dock. Mr. Whiteside noted that CAMA
requires a minimum 15' side setback unless the adjacent property owner signs off in which case
the dock may be placed up to the property line. Mr. Whiteside stated this property had
approximately 68' of shoreline. Mr. Whiteside expressed that if the applicant complies with the
Town ordinance, he could not install a floating dock at his property and meet the side setbacks.
Mr. Whiteside acknowledged the hardship of 1 Concord Street was that the property is located at
the south end (Second Street) of the canal. Mr. Whiteside stated the property along the rear is
25' and then runs parallel with Second Street approximately 43'. Mr. Whiteside noted there
were approximately eight lots on Ocean Isle Beach that were platted in this manner. Of these
eight lots, Mr. Whiteside stated there was only one other lot that did not have a dwelling or a
dock, with records indicating on other properties platted in this manner the docks were installed
in 1979, 1986 and 1982. Mr. Whiteside also stated that several lots had docks on them for a
number of years. Mr. Whiteside also noted the majority of canal lots have 50' along the rear of
the property. Mr. Whiteside expressed that Mr. Fowler's property was platted in 1959 therefore
the hardship was not a result of the applicant's own actions. Mr. Whiteside stated the intent of
the ordinance was to allow properties abutting finger canals to have a floating dock when
meeting certain restrictions. Mr. Whiteside expressed that without granting the variance a
floating dock could not be installed. Mr. Whiteside also expressed that if the variance was
______._ 1 mil_ - 1 - _1. 1 1 _.•11 1_ - _ - -- - -._C_ ___-- - /"1 A 11X A ___J -

Board of Adjustment (Cont.)
July 27, 2010
Page 3.
Ms. Lammonds asked if there was an approval from LAMA. Mrs. Fowler stated there
was a verbal approval from CAMA pending Town approval. Mr. Whiteside referred to the
survey map enclosed in the packet indicating where the dock could be placed. Mr. Whiteside
stated the map was scaled 1" — 20' and explained that staying ten or fifteen feet off each side of
the property lines, reflects the kind of restrictions that would be placed on a floating dock with
very little space for installation. Mrs. Fowler stated there had been a floating dock on the
property in the past. Chairperson Rowell noted he had visually surveyed the property and it
appeared there were pilings there from a previous dock. Mr. Whiteside clarified these pilings
were from the original bulkhead and were like that at the end of all the natural canals. Mr.
Robertson asked what CAMA's position was on the existing marsh grass. Mrs. Fowler stated
that CAMA did not want the marsh grass disturbed therefore, moving the dock over to neighbors
property line. Mrs. Collins asked if the dock would be installed perpendicular to the end of the
pier. Mrs. Fowler confirmed the dock would be placed perpendicular. Mr. Whiteside noted the
property line for lot two indicating the dock could not cross this line. Chairperson Rowell asked
if the neighbors had signed off to allow the encroachment. Mr. Doug Allen, adjoining property
owner at 3 Concord Street, expressed that he was in agreement with what the Fowlers had
proposed. Mr. Martin asked if the property owner from 2 Wilmington Street was in agreement.
Mrs. Ivey expressed the procedure of approval or disapproval of the adjoining property owners
takes place when applying for the CAMA permit.
With no addition discussion a motion was made by Mrs. Moon with a second by Mr.
Milton to grant the variance. Mr. Martin asked Mr. Whiteside if there were any restrictions that
were necessary to include if the variance were to be granted. Mr. Whiteside stated that all
CAMA rules and restrictions would apply. Mr. Whiteside noted the size of the dock would have
to meet Town regulations. The motion was unanimously granted. Mr. and Mrs. Fowler thanked
the Board for their time and consideration.
NEW BUSINESS - VARIANCE APPLICATION FOR 362 EAST FIRST STREET
Mr. Rowell stated the last item of New Business was a variance request for 362 East First
Street. Mr. Whiteside expressed that Mr. Urbon was not able to attend the hearing, however
wanted to move forward with the request. Mr. Whiteside stated that Mr. Urbon was asking for a
variance of two sections of the ordinance regarding Section 66-45 (3) pertaining to 25' minimum
front yard requirements (table inset) and Section 66-281(g) requiring oceanfront houses to begin
at the 25' front yard setback. Mr. Whiteside explained why Mr. Urbon was presenting this issue
to the Board of Adjustment. Noting that previously when a large scale beach renourishment
project takes place, Mr. Whiteside stated that a static vegetation line had to be determined and
remain in place for the entire fifty year project. Mr. Whiteside stated that the 60' minimum
---,,;--A F -- �L.:- 1:... ,. ..,.-A. --A tL.:- 1-+ .-1... 1.,1..1.1- AR.. --1--A :C AiT.. T T..1._--

Board of Adjustment (Cont.)
July 27, 2010
Page 4.
house was built in 1960 prior to CAMA being established in the 1970's. Mr. Whiteside also
stated that Ocean Isle Beach and several other coastal towns asked for some relief of the static
line. Mr. Whiteside explained that Coastal Management allowed each town to apply for a static
line exception. Mr. Whiteside continued saying that if the setback could not be met from the
static vegetation line, you could measure 60 feet landward from the actual vegetation line of the
property. Mr. Whiteside stated with these exceptions the property owner was only allowed to
construct a 2500 square foot house and the house could only be built out as far oceanward as the
most landward neighbor. Referring to the survey, Mr. Whiteside noted that in this case the house
located at 360 East First Street had a large open deck on the ocean side and you would line up by
the covered porch rather than by the open deck. Mr. Whiteside stated in this case Mr. Urbon
would only be able to build a 22 foot deep dwelling as noted in the packet. Mr. Whiteside noted
that Mr. Urbon had applied for a variance with the Coastal Resource Commission in April 2010.
Mr. Whiteside stated that Mr. Urbon had been notified in June by Coastal Resource Commission
that he would need to apply for a variance with the Town prior to applying with Coastal
Resource Commission. Mr. Whiteside noted that Mr. Urbon had requested a variance for 15.16
feet into the street yard of 25 feet. Mrs. Ivey stated this was the first time that CAMA had
required that a variance of this nature be applied for from the Town prior to applying with them.
Chairperson Rowell requested Mr. Whiteside summarize the variance application. Mr.
Whiteside presented the variance criteria that must be met and the staff responses. Mr.
Whiteside summarized the variance application. Mr. Whiteside stated if the applicant complies
with the provisions of the ordinance, the property owner can secure no reasonable return from, or
make no reasonable use of, his or her property. Mr. Whiteside noted that a habitable structure
can be constructed upon the applicant's property. Mr. Whiteside expressed the ordinance
requires that a structure comply with a 25' setback from the front and that all oceanfront
properties begin exactly 25' from the road right-of-way. Mr. Whiteside also expressed that if the
applicant complies with the ordinance he could still construct a single-family dwelling 22' in
depth and 36' wide. Mr. Whiteside stated this could give Mr. Urbon a heated square footage of
approximately 1584 whereas the existing structure appears to be approximately 850 square feet.
Mr. Whiteside noted the hardship of which the applicant complains results from unique
circumstances related to the applicant's land. Mr. Whiteside stated the applicant's land is 50' x
150'. Mr. Whiteside explained the majority of other oceanfront lots on Ocean Isle Beach are of
the same dimension. Mr. Whiteside noted the hardship is not the result of the applicant's own
actions. Mr. Whiteside expressed that CAMA rules for the Static Line Exception require that
homes built using the exception not be constructed beyond the landward most adjacent building
or structure. Mr. Whiteside explained the house at 360 East First Street was constructed 5' into
the 25' street yard setback; therefore it was not constructed as far ocean ward as adjacent
structures. Mr. Whiteside stated the variance is in harmony with the general purpose and intent

Board of Adjustment (Cont.)
July 27, 2010
Page 5.
with the spirit of the ordinance because it would be too far out of line with adjacent homes when
they are reconstructed. Mr. Whiteside stated the granting of the variance secures the public
safety and welfare and does substantial justice. Mr. Whiteside expressed that if the variance was
granted, the home would be constructed closer to the street which would also cause cars to be
parked closer to the street. Mr. Whiteside noted there was no sidewalk on either side of the street
in that area and this could cause a hazard to those who are walking or to bike traffic. Mrs.
Collins expressed this does not have anything pertaining to the vegetation line but rather the
position of the dwelling located next to Mr. Urbon that is holding him up. Mr. Whiteside stated
that before the Town was granted the static line exception that Mr. Urbon could not rebuild at all.
Chairperson Rowell stated that if Mr. Urbon was allowed to build out 15 feet into the 25 foot
setback he would be practically in the street. Chairperson Rowell also stated that with one
parking space per bedroom there would not be ample space allowed to meet the Town's
ordinance. Mr. Robertson stated that what needed to be focused on was that Mr. Urbon currently
has a usable structure, can build a usable structure without a variance and the lot remains usable.
Mr. Martin made a motion, with a second by Mrs. Moon to deny the variance request. The vote
was unanimous.
ADJOURNMENT
It was the consensus of the Board to schedule the next Board of Adjustment Meeting on
August 11, 2010 at 9:00 a.m. Upon a motion by Ms. Lammonds with a second by Mrs. Moon
the Board of Adjustment voted unanimously to adjourn the hearing.
'9-//- i6)
pC EAN ��'•.
•••
•( A�
Coley,
Wayne RAell, Chairperson

licant: �% rpC'/ �rL
Permit #: r�,9/ ,
gibe below the HABITAT disturbances for the application. All values should match the name, and units of measuremen
id in your Habitat code sheet.
itat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated fina
disturbance.
Excludes any
restoration andh
temp impact
amount)
7
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Dredge ❑ Fill ❑ Both ❑ Other ❑
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Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑

RYAN D. COOPER
NCDL 8375610
PH. 910-443-4829
P.O. BOX 1393
SHALLOTTE, NC�28459
PAY TO N� I/ E-/ v f-
66-7704/2531 9194
DATE 12 _ 2 I ~ / O
State Em to' ees' Credit Union®
:�.r 8j SUpPIY'North Carolina
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