HB_19-040_Cohen (DENIED)

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PLANNING & INSPECTIONS DEPARTMENT
BIII,EIII,PIII,FIII,MIII
Timothy D. Evans, Director of
October 18, 2019
Planning R Inspectors
[e-mail]
CERTIFIED MAIL - #7016 3560 0000 5737 2486
CFM,CZO,LPO,CPM
Rhonda Wooten
[e-mail]
Cohen Realty, Inc.
ADMINISTRATIVE ASST.
121 N Main Street
Madison Zehnzer
Planninginspectlons@hbtown
Norwood NC 28128
hall.com
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT APPLICATION
NUMBER 2019-040. 156 MARLIN DRIVE HOLDEN BEACH.
Dear Cohen Realty Inc.:
After reviewing your application in conjunction with the development
standard required by the Coastal Area Management Act (CAMA), locally
adopted Land Use Plan and Holden Beach Code of 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-120(a)(8) which required all applications be denied which are
inconsistent with CAMA guidelines and Local Land Use Plans. You have
applied to install a pool within the 30 foot landward of the normal high
water area which is inconsistent with 15NCAC 7H .0209(d)(10), which
states that: 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. Your
application is also inconsistent with our Local Land Use Plan. Your
application is also inconsistent with our Local Land Use Plan. On page 41
of the Local Land Use Plan, you will find that Section 4.1 states in part that
the state guideline for area of environmental concern is found in section
15A NCAC 7H. and that the Local Land Use Plans give special attention to
the protection of appropriate AECs which in this case is the Estuarine
Shoreline. DECEIVED
OCT 2 4 2019
110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 • 910.842.6080 PHONE • 910-842-7003 r WILMINGTON, NC
www.hbtownhall.com

The Zoning Application has also been denied. The single family
residence is proposed within the 5 foot side yard setback and is not in
compliance with section §157.060 (D)(4) of the Holden Beach Code of
Ordinances.
Sincerely,
WX
Rhonda Wooten,LPO
RECEIVED
OCT 24 2019
DCM WILMINGTON, NC
110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 - 910.842.6080 PHONE • 910-842-7003 FAX
www.hbtownhall.com

Locality
Ocean Hazard Estuarine Shoreline °f ORW Shoreline _
(For official use only)
GENERAL INFORMATION''
LAND OWNER
Name Cohen Realty, Inc
A � 121 N Main St
S
city Norwood
- rK 16/it/19
Permit Number 301 1 "n Y Q
Public Trust Shoreline Other
State NC Zip 28128 Phone
Email [e-mail] Fr3x
AUTRORIZED A.CENTT
Name Robbie Cohen
Address PO Box 545
City Norwood
State NC
Email [e-mail]
RECEM �
OCT 15 P019
WILMINGTft NC
[phone]
Zip28128 Phone [phone]
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) 156 Marlin Drive
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) addition of new house
SIZE OF LOT/PARCEL: 5,032
square feet 0.12 acres
40 / 1 W �i.. PeLI.
Crra,<( Dr.jes- N
PROPOSED USE: Residential N (Single-family ® Multi -family ❑ ) Commercial/Industrial Other
COMPLETE EITHER (I) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies
to your property):
(I) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: 9:/�� square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -toad -bearing attic space)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: 2,465square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STOR1vfWATER 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.

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:
i, 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)
-X_an owner or record title, Title is vested in Cohen Realty, Inc. see Deed Book 4238
page 550 in the Brunswick 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 OF ADJACENT 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)
(i) Michael Bryant & Jennifer Brya
(2) Robert Cohen and Amy Cohen
(3)
(4)
ACKNOWLEDGEMENTS:
(Address)
4772 Ashley Ln, Denver, NC 28037
PO Box 545, Norwood, NC 28128
1, 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 do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their agent to enter on the aforementioned lands in connection with evaluating information
related to this oernrR apolication. _
h
This the day of r -LI ,/, 20L
or person auWYf-ized 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 Hazard AEC Notice where necessmy, a check -for $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. Any person developing in an AEC without permit is subject to civil, criminal and administrative action.

AGEN1 AUTHORIZATION -FOR LAMA PERMIT APPLICATION
Name of Property Owner Applying for Permit: Cohen Realty, Inc.
Mailing address: 121 N .Main St
Norwood, NC 28128
Phone Number [phone]
I certify that I have authorized Robbie Cohen
Agent / Contractor
to act on my behalf, for the purpose of applying and obtaining all CAMA permits
necessary for the proposed development of a new ,home
at my properly located at 156 Marlin Drive, Holden Beach, NC 28462
9
in Brunswick
This certification is valid through
(Properl y or Informs
/,
V3gnature
Print or'Type blame
fJT.l
2,6
Date
Phone Alum,ber
Emai Address
County.
'a

Brenda M. CAemmons 'Register of Deeds
06-30-2810 11 :08:291.080 Brunswick County, WC
NC REVENUE STAMP: $500.00 (#647683)
08 30 2019
"Ll'a 6 01�111�O1 ���1 ����BrM. Uemmcns 29.PROP 9Lturr, tof a���rvp-,,,Brswick bounty, WC Register of Deeds page 1 of 2 Tor l ._.__...Pev i lnt.
Ck
leitfn
Pot Lions of document are illag- a- due to cony.:it< n
of .oriigircl.
230c =11o, contains atsals venfied by o;i=;,inal
ii:t *nrurel t Y laa, Cannot be of
Z) NORTH CAROLINA GENERAL WARRANTY DEED
Tax: 00 6
Pareel .1dentifier No. 246CA002 Verified by County on the ,day of _ 20_
By:
MailBoxto: RichardF.Green.AttomevatLaw:2998Holden BeachRoadSW. HoldenBeachNC28462
This. instrument was prepared by: RicbardR Green.AOmLoyatLaw'FILENO 19-21547
Brief description. for the Index: LOT :190, HARBORACRES
TEiIS:DEED:made;this. 29th day of August 1. , 201g , by and between
GRANTOR
HOLD04 BEACH LLC, a SC Li<trited.Liabiiliity Co.
1475 Four M1e:Road
Conway, SC-29526
This property _isis.not a
GRANTEE
COHEN REALTYINC., aNC Cmp
121 N. MAIN STREET
NORWOOD,NC 28128
Enter ..in appropriate'block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g
corporation or partnership.
The designation Grantor and Grantee as used:herein shall.include said parties, theirheirs, successors, and assigns, and sball include singular,
plural,.masculine, feminine orneuter as required by context.
WITNESSETH, that the Grantor, foravaluable consideration;paid bythe Grantee, the receipt of whichis hereby acknowledged, has and by
these presents does grant, "bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit
situated;in the City of. Township, Brunswick County,
North Carolina and :more particularly described as follows:
BEING ALL.OF.LOTNO.ONE HUNDRED NINETY.(190) OF THE.HARBOR ACRES LAYOUT FOR COASTAL
DEVELOPMENT CORPORATION.ATHOIDEN BEACH,BRUNSWICKCOUNTY,NORTH CAROLINAAS PER PLAT
TIIEREOF.BY C B. BERRY,:RLS, DATED JULY 30,1965,.RECORDED IN MAP BOOK :8, PAGE 13 IN THE OFFICE OF THE
REGISTER OF DEEDS OF BRUNSWICK COUNTY, NORTH CAROLINA TOW HICH:PLATREFERENCE IS HEREBYMADE
FOR GREATER CERTAINTY OF DESCRIPTION.
The property hereinabove described was acquired by Grantor'by "instrument recorded in Book, 3526 page 1364
All or:a :portion of the property'herein conveyed._ includes or 2 does not include the primary residence of a Grantor.
A map showing .the above described property is recorded in Plat Book 8 page 13
Page 1 of 2
,NC Bar Association; Form No. 3 ©1976, Revised ©1977, 20OZ 2013 This standard form has heen approved by:
,Printed by Agreement with theNC Bar Association -1981 North Carolina Bar Association -NC Bar Form No. 3

TO HAVEAND'MHOLD-the aforesaid lot orparcel.of land and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever, other than the following exceptions:
All easements,, rights of way, restrictions, and reservations of record
"This:insttuonerrt pre
pared by Richard F. Green, a LicensedNorlh Cplma a D nt if bo be id meattorneytRihe
Ay
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
By:
Print/Type:Name.& Title:
(SEAL)
Print/Type Name:
(SEAL)
Print/Type Name:
(SEAL)
Print/Type Name:
By: (SEAL)
Print/Type.Name & Title: Print/Type Name:
State of - County or City of
I, the undersigned Notary Public of the County or City of
and State aforesaid, certify.that
personally appearedbefore me.tbis day and acknowledged the due
execution oftheforegoinginstnunent.for the -purposes therein expressed. Witness myhand and Notarial stamp or seal this day of
, 20_.
My Commission Expires:
(Affix Seal)
Notary Public
Notary's Printed or Typed Name
State of. - County or City of
T, the undersigned Notary:Public of the County or City of and State aforesaid, certify -that
personally appeared before me this day and acknowledged the due
execution of;the:foregoing instrument for.thepurposes therein expressed. Witness my hand and Notarial stamp or seal this day of
20_
ley Commission: Expires:
:(Affix Seal)
Notary Public-
Notary's.Printed or Typed Name
State of North Carolina - Countyor Cityof 'Brunswick
I, the undersigned.Notary Public of the County or City of ignmswicic and State aforesaid, certify that
L. MoteartMattin personally came before me this day and acknowledged that
he is the Manager of HOLDEN.BEACH LLC , a North Carolina or
.__SC .corporation/limited liability company/general partnership/limited;partaership (strike through the . -
inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its
behalf as :its act and deed. Witness my:hand and ,Notarial,s or seal, this 2 of A , 2019
My.Commission `Expires eta y Public
(Affix Seal) mac¢ Notary's Printed or Typed Name
0
0 Pa
NC Bar Association Form No. 3 ©1976, Revised © 1977, 2� �Q \�N This standard form has been approved by.
Printed by Agreement with the NC Bar Association —1981 // NC North Carolina Bar Association —NC Bar Form No. 3
fill I
�08 30 2019
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BrunswickY.

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Dear Adjacent Pro e'� 1.--_-....._._......._. -----•------------------------------
5'
r
letter is to inform you that I, Cohen Realty, Inc.
This �61—
Property Owner
Permit on my property at _156 Marlin Drive, Holden Beach, NC 28462 in Brunswick
County
Property Address
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. If you have any questions or comments about my proposed project, please
contact me at [phone] ,or by mail at the address listed below. If you wish to
Applicant's Telephone
fide written comments or objections with the Town of Holden Beach CAMA Minor Permit Program, you may submit
them to:
Rhonda Woolen
Local Permit Officer for Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 26462
Sincerely,
Cohen Realty, Inc.
Property owner
121 N Main St
Mailing Address
Norwood, NC 28128
City, State, Zip Code

on
ADJACENT RIPARIAN 'PROPERTY OWNER
STATEMENT FOR CAIVIA. MINOR. PERMITS
I hereby certify that 1 own property adjacent to �'�X r I S
(Name of Property Owner)
property located at t. �; c� e _ �j •�- u _ 11
Address, Lot, Block, Road, etc.) �e —�G
on in oIze, 17 �� h . N.C.
(Waterbody)' (Town and/or County)
He has described to me as shown in the attached application and project drawing(s), the
development he is proposing at that location, and, I have no objections to his proposal.
(APPLICATION AND DRAWING -OF PROPOSED DEVELOPMENT ATTACHED)
Signature.
Pr(nt or Type Name
Telephone Number
Date