Loading...
HomeMy WebLinkAboutLCP_2019-03_ Pollard (DENIED) (2)5 3)-2Z PLANNING' & DEVELOPMENT DEPARTMENT' March 14, 2019 CERTIFIED MAIL — 917199 9991 7039 7024 3629 RETURN RECEIPT REQUESTED Thomas & Rebecca Pollard 320 Willbarry Road Jacksonville, NC 28540 J RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT APPLICATION NUMBER- LCP-2019-03 PROJECT ADDRESS--320 Willbarry Rd, Jacksonville, NC Dear Mr. & Mrs. Pollard: 1734 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-118(d)(2) which requires that all applications be denied which are inconsistent with CAMA guidelines. Specifically, 'the development for which you applied consist of creating two,"bed and breakfast" structures (each measuring approximately 24-foot x 24-foot) within the 30-foot Coastal Shoreline buffer. Your proposal is Inconsistent with 15A NCAC 7H .0209(d) _(10), which state the following: 15A NCAC 07H .0209(d). (10) — Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level with exception of the following: (A) Water -dependent uses as described in Rule 07H. 0208(a) (1) of this section; (B) Pile -supported signs (in accordance with local regulations); (C) Post- or pile -supported fences; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and sic feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use of need; (E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces except those necessary to protect the pump; (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed. decks that shall no singularly or collectively exceed 200 square feet; (G) Grading, excavation and landscaping with no wetland fill exR%1MWA,UW,rWQffto QRAVgPed by a R permitted shoreline stabilization project. Projects shall not adjacent estuarine and public trust waters; MAR 1 2019 234 Northwest Corridor Blvd Jacksonville, NC 28540 - Phone: (910) 455-3661 - Fax: (910) 455-2453 - OnslowCountyNC.gov J (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased and the applicant designs the project to comply with the intent of the rules to the maximum extent feasible; `Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from the Commission, please- contact me so I can provide you with the proper forms and any other information you may require. The Division of Coastal Management in Morehead City must receive appeal notices within twenty (20) days of the date of this letter in order to be considered. The Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557. Respectfully yours, Sammie Rogers Local Permit Officer RECEIVED DCM WILMINGTON, NC MAR 15 2019 2 V L 1 ocali t Y — _it'�1itt»iiar�'�,.. ...���ag.�.. Ciry Pone _ �, . ' �' . � �l1 LOCATION OF PROJECT:- (Addivss; strcct ttatiie and/or ciirectiohs _ta sif 4, narae of the adjacent waterbndy.). ­DZUt 1 . :` er i DESCRIPTION -OF -PROJECT: (List all. iiroposed.coitshIttc661f,arid Ian -distarbance.J SIZE OF LOT/PARCEL: sgzrare:feet < acres : PROPOSED USE: Residential [�!}� " .(.Single -fain ly.g wild -fa riiy [] } Commercial iadustrial,E]. Other' j] COMPLETE EITHER (1) OR(2) BELOW (ContactyOW Leca1 Periit*'PJ*errjf'11vrt rare rrat stare wJiiafi LAC ry Jies (.1) .00EAN'HAZARD.AECs: TOTAL, FLOOR.ARF.A.OFPROPOSED $TItUCTVRE: square'.teeC(includes air. conditioned hying:space,:parkittg..etevhted aoove groufid--! [, no pndi .i0 space elevated aliove gr9wid lquel Eiut excluding non -load -bearing attic space) _ {2 COAST iL SHOR I,NE:AEOs .Si Ol i3UILDING;FOOTPRINTAND. GT'HER`iMPERVIOUS OR I3UlLT �. Up0N SURFACES^ 3 are feEt (utciudes the area° ot`llie .fotuidatioa:.af:all buildings, driveways, covered dee a. conerete or: asonnry�pa�;�etc. thatare within file applicable;AEC AttaclI gout ealcuiatlons with the.project desiving.) STATE STORMWATER IVIANACEMENT PiRMI.1 -Is the ptrojecffaoated in an area subject to aRQ6 E IVED StormwaterManageuxen -ennit issued by the NC.Divasian.'oflrnergy, Mineral..and Land Rcsources {DEMLR)? � s NO MAR5 2019 if yes, iis'r`#fie total Mitt uponvarea iM ervious surfsce:ailotved foi your lot or parcel: square feet. DCM WILMlNGTON, NC OTHER PERMITS MAYBE REQUIRED: The'activity you are planning may require pennits other titan the CAMA minor developmentpermit, including, but not limitedto: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building Electrical, Plumbing, 14"ting"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 lore ut# cation. STATEMENT OF OWNERSiiIP: f, the undersigned, an applicant fora CAMA minor development pennit, being either the owner ofpropertyip an AEC or a person authorized to act as -an agent for purposes of applying fora CAMA minor development permit, certify that tke person listed as landowner on this application has a significant Weresf in tine rtkl jSropwty described therein. This interest can be described as: (check one) �an owner or record title, Title is vested in name of S A p y ty(Cfl see Deed Book Z page — in the ()V S bN County Rqlpistry of Denis an owner by virtue ofinheritance. Applicant is arkheir to the estate of s prbbai3O was M. ; : County. itother interest, such as written contract or lease,:explain below or use a separate sheet &attan to this application. NOTIFICATION OF. ADJACENT RIPARIAN PROPERTY OWNERS: I futhermore certify that the Following persons are owners of properties 401ni mkgthis property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop thili s properly and toapply for a CAMA permit (Name) (Address) (o�mih ,} Nava tiurst"1 1 Oifwta W i�Cat ScAwu ; Lt✓ 28%b (2) DMO JU GountQ j 2S4 Nw c flddar Ej 28vAlto, �c Z (3) (d) ACKNOWLEDGEMENTS: L the undersigned, 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 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.doin factgrant, 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. Landowner or This the _1_B3 day of F&. , 20 ,j1 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 oivnershipstafement the Ocwnl1azardAECNotice where necessamacheckfor$100.00madepayabletotheZ arty information as may be provided orally by the applicant. The details of the application as described bAjkGt Incorporated ivithow reference in any permit which may be issued[ Deviationfrvm these details will constitute a violation of anypeewit.Anypersondeveloping -InanAEC witlwropermitissttbjecttocivil, criminal andadministra(MAMidln. Z019 DCM WILMINGTON, NC LAND OWNER- MAILING ADDRESS 1 Name _ as 9-�y1 lib iIto Address 211 Wi1k IJQYi� �QOd city 3t3C}alRy1-lu State _1�t0 Zip 22APtione Rio < 4&n.&rss2 Email— �:+rnlrmjl AUTHORIZED AGENT city m l,1u McIge ^state QC4L zip?r#Sr;one Ct i Q - 322 94(o 1 Email�uin�1 i t.I�SYILU[7l}} LOCATION OF PROJECT: (Address, sticct name andlor directions to site: name of the adjacent waterbody.) 10CMed on IRVAJ DESCRIPTION OR PROJECT: (List all proposed construction and land disturbance.) 8� 'iwauctr--a (y(1 SIZE OF LOT/PARCEL.- square feet , acres PROPOSED USE: Residential [ (Single-family [0�' Multi -family Q ) Commerciallindustrial ❑ Other COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Pernik OfJ9certryou are not sure whick AECapplies to your proP"); (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED,STRUCTURE: square feet (includes air conditioned living,space, parking elevated above ground level, non•cottditioned space elevated. above ground level but excluding non -load -bearing attic space) (2 COASTAL SHORELINEAECs SIZE OF BUILDING POOTPRINTANDOTHER 'IMPERVIOUS ORBUILT UPON SURFACES 2trquare feet (includes the am of the foandation of all buildings, driveways, covered decks, concrete or masonry patu*,,ete. that are within the applicable AEC, Attach your calculations with the project drawing,) STATE STORRMWATEER�MANAGEMENT PERMIT: Is the project located in an area subject to aRfiCE WED Stormwater Manageme"J.Permit issued by the NC Division of Energy, Mineral and Land Resources (DEMLR)? YES— NO_XZ MAR 15 2019 If yes, list the total built upon areafimpervious surface allowed for your lot or parcel: square Feet. DCM WILMINGTON, NC Name of Praperty.,O.wner. ):Wbt or'Type-,N4q7e Title -7- Date This. cer-h-06ation is-va1Id*1ftrbu& m, RECEIVED MAR 15 2019 DCM WILMI,NGTON, NC Receipts for Certified Mail (Staple Here)' City, State, Zip Cade Dear Adjacent Properly: This letter is to inform you that 1, 11 >umiJ� r UQ QZ f hcl -have applied for a CAMA Minor l 1PropertyOwner Permit on my properly at t tIinllryyd lLin Pender PropertyAddress ' County, As required by CAMA regulations, I have enclosed a copyor my permit application and project drawing(s) as notification of my proposed project No aCfiw is required from you or you May:slgn and hiturn the enclosed no:objection form. If you have any questions or comments about my proposed project, please. contact me at 9 j 0 , 4S5 , 5552 Pr by mall atthe address Ili below. If you wish%. Applicants Telephone file written comments orobjecWns-with the Surf CItyUMA Minor 115. Program, you may submit them to: Jason Daii Field Reptesentafrve NC Division of Coastal Management Tcwrtof Surf G4r Local Permit Program 12T Cardim. 1 Drive Extension Alilmington, NC 28405 Sincerely, IKMQ, s 4-4QC-co. Property owner 32-0 Wllbar�u �d Mading Address City, State, Zip Code RECEIVED MAR 15 2019 DCM WILMINGTON, NC Phone Number: Entail Address: certify that I have authorized N. to act on my behalf,, for the;purpose of applying for and obtaining all LAMA permits necessary for the following, proposeddevelopment: PIi7�e� d MCIUSF at my property located at klAA tyfyV in Nei y County. t 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. Property Owner Information: signature Print or Type Name 0ANW Txe 21 '7 t� Date This certification is valid' through RECEIVED MAR 15 2019 DCM WILMINGTON, NC MAR 15 2019 DCM WILMINGTON, NO <y � GRID NORTH•-NAD 87 � O O\ N q1 ._ — — — - n zy2 �7 \ MMm x"'n \ °0z n�m � P� O 7 �Y. l ADJACENT RIPARIAN PROPERTY 0WNER STATEMENT FOR CAMA MINOR 'PE OMITS I hereby certify that I own property adjacent to Ron as � 1V YA tel: T` :r l ;Is �Nslma Of Property Owner) property located Address, Lot, Block, Road, etc.) n on In i111 0 (Waterbody) Crown and/or County) He has described to me as shown in the attached application and project drawing(§), the development he is proposing at that location, and, I have no objections -to his proposal. Date RECEIVED MAR 15 Z019 DCM WILMINGTON. NC %�020� m I DASHED UNE IS EDGE O EXISTING HOUSE I I I RECEIVED co c 15 MAR 15 2019 � EIR I / ZS(O �G�S vo. ATTACHMENT GRAPIiIC SCALE IN FELT 30 15 0 30 50 1 NORTH CAROYNA