CB_04-56_Powell

Town of Carolina Beach
Local Government
CAMA
MINOR DEVELOPMENT
PERMIT
As authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statues, "Coastal Area Management"
CB2004-56
Permit Number
Issued to Larry & Sonia Powell , authorizing development in the Estuarine Shoreline AEC at 101 Roque Cove
Drive as requested in the permittee's application, dated May 28, 2004 . This permit, issued on December 1
2004 is subject to compliance with the application and site drawing (where consistent with the permit), all
applicable regulations and special conditions and notes set forth below. Any violation of these terms may
subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes construction ofa 1,400 sfsinrle family house with impervious driveway and stormwater collection
system at 101 Rogue Cove Drive
(1) All proposed development and associated construction must be done in accordance with the permitted
work plat drawings(s) dated received 11/29/04
(2) All construction must -conform to the N.C. Building Code requirements and all other local, State and
Federal regulations; applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a
re-evaluation and modification of this permit.
(4) The amount of impervious surface areas shall not exceed 1,675 sf.
(5) Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales or burlap
must be installed between the land -disturbing activity and the adjacent marsh or water areas, until such
time as the area has been properly stabilized with a vegetated cover.
(4) Pursuant to NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, or otherwise
disposed of to a third party.
(5) All disturbed areas shall be vegetatively planted and mulched within 30 days of construction
completion.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date. From
the date of an appeal, any work conducted under this permit must
cease until the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer wtfen the project is inspected for compliance. -
Any maintenance work or project modification not covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
2007
In issuing this permit it is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management
Local
Mike Hoffer
CAMA-Local Permit Official
FIOA,"�aZZ
Perh4tter(signatuilyrepired if conditions above apply o permit)

IGHT ANGLE
ENGINEERING, PC
212 Princess Street Wilmington, NC 28401 Tel. [phone] Fax [phone]
November 29, 2004
Dan Paxton
Building Inspector
Town of Carolina Beach
1121 North Lake Park Boulevard
Carolina Beach, NC 28428
Re: 101 Rogue Cove Drive
Site Plan and Stormwater Design.
Variance CRC-VR-04-13
Mr. Paxton,
Enclosed is storm water design calculations and site plan for the above reference site owned by Mr. and
Mrs. Larry Powell. A variance had been granted by the Coastal Resource Commission on October 29,
2004 for the site.
Please review at your earliest convenience and feel free to call if there are any questions.
S' el ,
4
i ,PE
Right An a ngineering
Cc: Larry Powell, Owner

Project: Larry Powell Residence
Site: 101 Rogue Cove Drive
Carolina Beach, NC
New Hanover County
Requirements: Control impervious area runoff in Coastal areas
Contain 1.5 in runoff from impervious areas
Calculate Imp area
Roof Area =
Driveways =
Calculate Runoff Volume
V=
L W Area
40 35 1400 SF
275 SF
Total = 1675 SF
1675 sf 1.5 in.
12 ft.
Base.design on EZ-Flow Polystyrene Trench Drain
Capacity of 14" aggregate with 4" CPP= 6.47 gal/LF
Required LF = 1566 = 242 LF Required storage
6.47
** Use 4 drains per trench to reduce overall trench length
242 / 4 = 61 LF of trench
Final Design
209 CF . 1566 Gallons
Required Storage Volume
Install 61 linear feet of trench'on site for entire roof runoff control.
SEAL -
023917 `
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S'cti�lNE;; Rz
il•

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF: )
PETITION FOR VARIANCE )
BY LARRY & SONJA POWELL )
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-04-13
FINAL ORDER
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on October 28,
2004, in Kill Devil Hills, North Carolina pursuant to N.C.G.S. § 113A-120.1 and T15A NCAC
7J.0700, et seq. Assistant Attorney General Christine Goebel appeared for the Department of
Environment and Natural Resources, Division of Coastal Management; W.A. Raney, Jr. appeared
on behalf of Petitioners Larry & Sonja Powell.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
1.
FA
3
Ca
STIPULATED FACTS
Petitioners, Larry & Sonja Powell, owns a lot at 101 Rogue Cove Drive in Carolina Beach,
New Hanover County. Petitioners purchased the lot in November 2002.
The lot in question is lot 16 of the Federal Point Manna and Yacht Club as shown on a map
recorded at Book 35, Page 356 of the New Hanover County Register of Deeds. The
subdivision map was recorded on April 19, 1996.
The lot measures 5,037 square feet, per the plat map.
Petitioners' lot is bordered on the east by the Carolina Beach Yacht Basin, part of Myrtle
Grove Sound, on the west by lot 17, on the south by neighboring property, and on the north
by Rogue Cove Drive.

5. The waters of the Carolina Beach Yacht Basin are classified as "SB" for primary recreation
areas, by the Environmental Management Commission (EMC) and are closed to the harvest
of shellfish at this location.
6. The lot is located in the Coastal Shorelines Area of Environmental Concern (AEC).
7. Existing site conditions include a bare lot and an existing bulkhead and boardwalk along the
water that was installed by the developer.
8. The Town of Carolina Beach requires a 10-foot front yard setback (from the street) and 7.5
foot side yard and rear setbacks.
9. The area of the lot excluding the area within the 30 foot buffer and the area within the Town
of Carolina Beach zoning setbacks is 1,267 square feet.
10. On or about May 19, 2004, Petitioners applied to the Town of Carolina Beach for a CAMA
minor permit to construct a single family residence on his lot. The application proposed a
building area of 35'feet by 40 feet, or 1,400 square foot area. The proposal is for a 2-story
building, with an overall living space of 2,800 square feet. Two impervious material
driveways 10 feet wide were also proposed.
11. The total area of impervious surfaces is 1,400 square feet of home, and approximately 275
square feet of driveway for a total of 1,675 square feet or 33% of the entire lot.
12. This property will use the city water and sewer system.
13. The proposed design places the residence within the Commission's 30-foot buffer. The
structure encroaches 14 feet into the buffer on the northeast corner of the home, and 15 feet
into the buffer on the southeast corner of the home.
2

14. The Commission's 30 foot buffer for coastal shorelines went into effect in 2000.
15. The buffer rule provides two exceptions for single family residences. The exceptions only
apply to lots platted prior to June 1, 1999. In this case, the lot was platted in 1996.
16. Even though the lot was platted prior to June 1, 1999, the proposed development does not
meet either exception to the buffer rule:
a. The proposed development does not meet the "small lot" exception to the buffer rule
in 15A NCAC 7H .0209(d)(10)(J) because the lot measures 5037 square feet instead
of 5,000 square feet or less, and does not meet the other requirements of this part,
including being built between other development.
b. The proposed development does not meet the "small house" or "1,200 square feet"
exception to the buffer rule in 15A NCAC 7H .0209(d)(10)(I) because the proposed
footprint is 1,400 square feet. Under this exception, 20% of the greatest depth of the
lot (about 85 feet) is 17 feet. Therefore, Petitioners would have to set the house back
17 feet from the normal high water line and keep the footprint to 1,200 square feet.
Petitioners have not designed a residence that complies.with this exception.
17. On June 23, 2004, the Local Permit Officer for the Town denied the application, due to
inconsistency with the 30-foot buffer rule.
18. All 18 of the lots in the subdivision were conveyed by the developer to unaffiliated
purchasers between April 25, 1996 and May 9, 1996.
19. There are homes currently existing on Lots 1, 2, 5, 8, 10, 11, and 13 of the subdivision.
3

20. The square footage of the footprint of the existing houses on these lots, excluding driveways,
according to the tax appraisal records of New Hanover County is as follows:
Lot No. Footprint, not total area (sq. ft.) Date Built
1 1,588 1998
2 1,943 1998
5 1,558 1998
8 1,932 2003
10 1,645 2001
11 1,459 2002
13 1,763 2000
21. The average building footprint (not total area) for lots with houses in the subdivision is 1,697
square feet. Petitioners propose a home with a footprint of 1,400 square feet.
22. Petitioners filed this Variance Request with the Coastal Resources Commission on July 29,
2004, seeking a variance from the 30-foot buffer rule in order to construct a single family
residence on their lot as proposed.
23. Petitioners, in their variance petition, have proposed a stormwater management system
designed by an engineer to capture the first 1.5 inches of rainfall from all impervious surfaces
on the lot.
24. The photographs includedin the presentation by the Petitioners and the Staff are photographs
of the property and surrounding area.
25. During Petitioners presentation to the CRC, they volunteered to eliminate the impervious
surface from the eastern driveway (located in the 30 foot setback).
E

CONCLUSIONS OF LAW
The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of misjoinder or
nonjoinder of parties.
3. All notices for the proceeding were adequate and proper.
4. The Petitioners have demonstrated that strict application of Rule 15A NCAC 7H
.0209(d)(10) to their permit application will result in unnecessary hardship. The Petitioners'
variance request materials, including their "Restated Variance Criteria," and the staff
recommendation are incorporated by reference as support for this conclusion.
5. Petitioners have demonstrated that their hardship results from conditions peculiar to
their property, such as location, size, or topography of the property. The Petitioners' variance
request materials, including their "Restated Variance Criteria," and the staff recommendation are
incorporated by reference as support for this conclusion.
6. The Petitioners have demonstrated that their hardship does not result from actions
they have taken. The Petitioners' variance request materials, including their "Restated Variance
Criteria," and the staff recommendation are incorporated by reference as support for this conclusion.
7. The Petitioners have demonstrated that their proposed development is within the
spirt, purpose and intent of the Commission's rules; that it will secure public safety and welfare; and
that it will preserve substantial justice.The Petitioners' variance request materials, including their
"Restated Variance Criteria," and the staffrecommendation are incorporated byreference as support
for this conclusion.
5

••.
THEREFORE, the variance from T15A NCAC 7H .0209(d)(10) is GRANTED, based upon
compliance with the following conditions:
(1) the Petitioners shall obtain astormwater management planmeetingtherequirements
of 15A NCAC 7H .0209(d)(10)(J)(iv); the plan shall be designed and certified by an
individual who meets the applicable State occupational licensing requirements for the
type of system proposed; and the plan shall be approved by the appropriate
governmental authority;
(2) prior to occupancy of the residence and prior to issuance of a final Certificate of
Occupancy by the local permitting authority, the Petitioners shall provide
certification from the individual who designed the system that the stormwater system
has been inspected and is installed in accordance with the CAMA permit, the
approved plans and specifications, and other supporting documentation;
(3) the Petitioners shall provide for the proper operation and maintenance necessary to
insure that the engineered stormwater management system functions at optimum
efficiency and within the design specifications for the life of the project;
(4) the Petitioners shall insure that the obligation for operation and maintenance of the
stormwater management system becomes a permanent obligation of future property
owners; and
(5) Petitioners shall not pave or otherwise utilize impervious surface on the
eastem-most driveway (located within the 30 foot buffer).
0

The granting of this variance does not relieve Petitioners of the responsibility for obtaining
a CAMA permit from the proper permitting authority.
This the day of October, 2004.
Courtney Hackne. , Vice -Chair
Coastal Resources Commission

I
5 2.5 0 10 20
GRAPHIC SCALE: 1"=10'
ROUGE COVE DR.
301 /
1 7 51 SETBACK
SETBACK
82.71
ALLOI,% IMPERVIOUS
AREA 1645 SF BY VARIANCE
CRC-VR-04-13
ACTUAL PROPOSED
IMPERVIOUS AREA = 1530 SF
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BACK FILL CLEAN
'SAND ALL AROUND
PIPES AND T❑
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SITE PLAN FOR 101
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RIGHT ANGLE
�IOMIEMRQJO, P.C.
212 PINCESS SIREET
Y"WOON, NC 2M
[phone] FAX [phone]S
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