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
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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
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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
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EXISTING HOUSE
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RECEIVED
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15 MAR 15 2019
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ATTACHMENT
GRAPIiIC SCALE IN FELT
30 15 0 30 50
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NORTH CAROYNA