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HomeMy WebLinkAbout87132A - Walker(Charlotte) and Noone(Gerald)❑DREDGE & FILL N4 87132 A B C D PreviGENERAL .61 PERMIT Date r permit Date previous permit issued ❑New ❑Modification []Complete Reissue ❑ Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: I SA NCAC - ❑ Rules attached. ❑-General Permit Rules available at the following link: www.deq.nc.gov/CAMArules Applicant Name _ Address City Phone # ( ) Email State ZIP 1, , Authorized Agent Project Location (County): Street Address/State Road/Lot City Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS AdI Wtr. Body (nat/man/unk) AEC(s): ❑OEA ❑IHA ❑UW SPIMA ❑PWS Closest Maj. Wtr. Body Q ^" ORW: yes/no PNA: yes/nod., Type of Project/ Activity < -3 r .. - `" j <; >! t., P) i K w Y / /n ,, , ty < c < :, s r Z yra/<..FF�,r,v,- '3 FS :;;(Scale: Access Length ._ _— P1 Pier (dock) length Fixed Platform(s) I2 Floating Platform(s) Finer pier(s) t Total Platform area Groin length/# — +_ - e �' Bulkhead/Riprap length - ------ r -.--- r — - --;--- -- -- _—. _ .._. _ �;,:_ Avg distance offshore fi;- ------ - -_.. _ iA Breakwater/Sill I -' —i 17 Max distance/length - - Basin, channel i+-- Cubic, yards I (- I - - T Boat ramp— --- Boathouse/Boatlift a Beach Bulldozing Other SAV observed: yes no — L IA Moratonumz;: n/a yes no �} Site Photos yes no = Riparian Waiver Attached: yes no j - - - — +— — A building permit/zoning permit may be required by: - Permit Conditions _ ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) Agent or Applicant PRINTED Name Permit Officer's PRINTED Name Signature "Please read compliance state nenton back of permit" 1. Signature Application Feels) Check #/Money Order Issuing Date Expiration Date I vAwC''`q chat t fravo authorized racy behalf, for the purpose of applying for and obtaining ail LAMA permit, i y for fire following proposed development. kir9�i� arty located at _ _ _..1✓ c_ ._ .:L ,�,, Ik if _County. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION RECEIVED OCT 1 7 2023 Name of Property Owner Requesting Permit: v L 1 l 1ajLt�DCM-G Mailing Address: -b 6 t,, 0✓4�z / s Phone Number: r!1 - 11 to `.;--3 7 L Email Address: O %t�r5 IMP I certify that I have authorized ,� d �..� k ✓ u u.I`— _ ,) Agent / Contractof I e (p S - 3 2 2 _ / /2 Jrhn�J �✓wu.(�yy�Ca) 9rnH1. cd A� to act on my behalf, for the purpose of applying for and obtaining all C)AMA permits necessary for the following proposed development: P -r. r / bC, `1 at my property located at in V a I- County. i furthermore certify that / 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: U__�tg nature G� Q Q n (� CS o \ Pri t or Type Name Title ' A/ j -7 Date This certification is valid through I /1 '7 720 2'� Revised Mar. 2016 RECEIVED OCT 17 2023 KI'ly Ek4-sx 60.y ­7 4jde.�6 0 � o„ Sao iK;SIr� ,y.rro-----._.. JI Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949 Phone (252) 261-3552 Fax (252) 261-7900 www.townofkittyhawk.org TOWN OF KITTY HAWK ORDER GRANTING A VARIANCE The Board of Adjustment for the Town of Kitty Hawk, having held a public hearing on January 5, 2024 to consider an application submitted by John Krawczyk representing the Walker family, for a variance of 200 feet from the maximum private pier/dock length standard of 100 feet in Section 42-360(c)(2) of the Kitty Hawk Zoning Ordinance to allow for the construction of a private dock/pier at a length of 300' at 3530 Bay Drive, draws the following conclusions: It is the Board's conclusion that special circumstances exist that are peculiar to the land, structure, or building involved which are not applicable to other land, structures, or buildings in the same zoning district. The accumulation of sediment in this vicinity of Kitty Hawk Bay has created a situation where a 100' pier/docking facility is not viable for docking and launch types of boats that are enjoyed by other waterfront property owners. It appears that the same situation is applicable to other properties in the immediate vicinity, but the majority of sound/bay-front properties can utilize a 100' dock. 2. It is the Board's conclusion that a literal interpretation of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same district. The applicant is seeking to construct a pier to the length that would allow them to utilize the pier for its common usage, docking of a boat. Other waterfront properties with deeper water within 100' are able to safely launch boats from their piers, and in the case of two nearby existing non -conforming piers, they already exceed the 100' maximum in order to reach an appropriate water depth. 3. It is the Board's conclusion that the special conditions and circumstances do not result from the actions of the applicant. The depth of the water at 100' from the high water mark is not due to any actions taken by the applicant, but rather natural causes. 4. It is the Board's conclusion that granting the variance would not confer special privileges to the applicant that are denied to other land, structures, or buildings in the same zoning district. Two existing piers in the immediate vicinity already enjoy the privileges of a longer pier to gain access to deeper water. 5. It is the Board's conclusion that the requested variance is the minimum possible to make reasonable use of the land, structure, or building. As indicated by the applicant the water is approximately 32" deep at a length of 300'. Per the Exhibit F, most boats require 2-3' of depth to safely launch and navigate. 6. It is the Board's conclusion that the requested variance is in harmony with the general purpose and intent of the zoning code. The stated intent of the Sound waters district is "to provide the proper use of sound waters, including islands, that adjoin the town to ensure the continued scenic, conservation, environmental and recreational value that these waters provide to the town, its residents, visitors and surrounding area." It is the Board's conclusion that the variance would not be injurious to the neighborhood or detrimental to the public welfare. The proposed pier at the length requested does not protrude excessively into the Kitty Hawk Bay. The requested length would have the pier be similar to two piers in its immediate vicinity. Based upon the foregoing conclusions, it is ordered that a variance of 200 feet from the maximum private pier/dock length standard of 100 feet for the construction of a private pier totaling 300 feet in length at 3530 Bay Drive. Ordered this day of January 5, 2024. Bar Meads, Chairman N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner. L6,AA-e kfo W1 A— &vxA O e/-k Ul 0,1 Jd✓ t- Address of Property: Mailing Address of Owner: Owners email: 2—Mtiol, I I Owner's Phone#: (ISZ, 5 6 2. — 1 UUq Agent's Name: d Qh � Y l �wt � y� Agent Phone#: Agent's Email: �%\ , VUv'^ ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing with dimensions must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION (Choose only one I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback ture of Adjacent&6rjan P #rty Owner -OR- I DO NOTwish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner Typed/Printed name of ARPO: h, �e Z c� �i Mailing Address ofARPO: ARPO's email:K�f%g A �//I,y� �-`A(10 P ne#: � /o - 1 cp %fyG 0 Dat24 ZJ;Z *waiver is valid for up to one year from ARPO's Signature' Revised August 2022 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to bee�completed �/by owner or their agent) I I / Name of Property Owner: C r,, r ], -f V'J'k - A v-d (� srp✓l� ijoo v j e- Address of Property: Mailing Address of Owner: / I It Owners email: / �/ Agent's Name: Jr11h,..�trtnv�`3, 1 L Agent's Email: vi1NN Owner's Phone#: �i�2pp/� sly 2 QG�7,1� Agent Phone#: oV� ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION (Choose only one I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate lank below.) I DO wish to waive some/all of the 15' setback / Sign lure of Adja ent Riparian Property Owner -OR- I DO NOT wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: ��D/a k, 5 41-- f Mailing Address of ARPO: 316 i S t a I(j w rsa Ui- �l`-'�U�' qo n`Z ' ARPO's email: pOIL) �x 4v'w OY) ARPO's Phone#: S 7 Z37 -S- Date: - ZvZ mow er is valid for up to one year from ARPO's Signature` Revised August 2022g /w&� ® \ t §r§# 0 !�k■,\)) «!!2 \ | � aF 4 i ,a, 1 -'Ell a