HomeMy WebLinkAbout12-10_Weber, George_20120706RECEIVED
Town of Emerald Isle 12.10
Local Government 0 C T 15 2012 Permit Number
CAMA DC,".5 !1-1DCITE'
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 Statutes, "Coastal Area Management"
Issued to George Weber, authorizing development in the Ocean Hazard (AEC) at 2205 Ocean Dr, in Emerald Isle, as
requested in the permittee's application, dated March 12, 2012. This permit, issued on July 06, 2012, 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: Cover Oceanside existing deck with roof to protect existing structure.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on March 12, 2012.
(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) A copy of this permit shall be posted or available on site. Contact this office at 252-354-3338 for a final inspection at
completion of work.
(Additional Permit Conditions on Page 2)
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 when 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, 2015
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.
James Taylor
CAMA LOCAL PERMIT OFFICIAL
7500 Emerald Dr.
Emerald Isle, NC 28594
PERMITTEE
(Signature required if conditions above apply to permit)
Name: George Weber
Minor Permit # 12.10
Date: July 06, 2012
Page 2
(5) The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by
the DCM, the LPO, or other assigned agent of the DCM.
(6) The permittee is required to contact the Local Permit Officer 252-354-3338, shortly before he plans to begin
construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline
change. Construction must begin within sixty (60) days of the determination or the measurement is void and must
be redone.
(7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the
Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage
Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code
or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more
restrictive provision shall control.
(8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a
side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation.
(9) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure.
(10)Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is
not weakened or reduced. Disturbed dune areas will be immediately stabilized.
(11)AII unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and
mulched) within 14 days of construction completion.
(12)Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time
when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural
shoreline recovery or beach renourishment takes place within two years of the time the structure becomes
imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary
protective measures allowed under CRC rules.
SIGNATURE:
PERMITTEE
DATE:
;ac t; 29. 2012 9 : 05AM
No.1225 P. 10
PLOY COOPER.
AT ANEY GENERAL,
STATE OF NORTH CAR OLINA
DE'AR.TMEw OF jusnm
P.Q, Box 629 REPLY To., MARY L Ur—usE
RAMOH, NC 27GD2 ENV'1Tl0NmwrAL DmS[0N
Ttu (9�19) 716.6962
1'AX; (919) 716-676J
mlucxsae �ncdgj.gnv
July 6, 2012
George K. and Michelle L. Weber Certified Mall Return Receipt Requested
877 Laguna Drive and Electronically
Wolverine Lake, MI 48390-2016
Re: 'Variance Request for Coastal Area Management Act (CAMA) Permit,
CRC-VR-12.03
Dear Mr. and Mrs. Weber:
At its June 20, 2012 meeting, the Coastal Resources Commission granted your request
for a variance. Attached is a copy of the Final Order, signed by the Chair of the Coastal
Resources Commission. Prior to undertaking the development for which a variance was sought,
you ,must first obtain a CAMA permit- from the local permitting authority or the Division of
Coastal Management.
If for some reason you do not agree to the variance as issued, you have the right to appeal
the Coastal Resources Commission's decision by filing a petition for judicial review In the
superior court of Carteret County within thirty days after receiving the order. A copy of the
judicial review petition must be served on the Coastal Resources Commission's agent for service
of process at the following address:
William Cary, General Counsel
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
If you goose to file a petition f6f judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead. If you have any
questions, please feel free to contact me.
Sin ely,
-
Spe6eputy Attorney General and Counsel for
the Coastal Resources Commission
` 00- 29. 2012 9:05AM
No.1225 P. 11
Mr. and Mrs. George K and Michelle L. Weber
July.6, 2012
Page 2
cc: 'Wince B. Scroggins Construction, US Mail and Electronically
Robert P, Fmory, Jr, electronically
Amanda Little, Esq. electronically
Braxton Davis, electronically
Angela Willis, electronically
` 00. 29. 2012 9:05AM
No.1225 P. 12
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF:
PETITION -FOR VARIANCE
BY
GEORGE K. WEBER. and
MICHELLE L. WEBER
BEFORE 7M NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-12-03
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 June 20,
2012 in Beaufort, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J
.0700, et seq. Assistant Attorney General Amanda P, Little appeared for the Department of
Environment and Natural Resources, Division of Coastal Management. Mr. George Weber
appeared pro se.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIRPLATED FA TS
1. George K. Weber and Michelle L. Weber ("Petitioners") own a .44 acre
oceanfront lot located at 2205 Ocean Drive in •Emerald Isle, Carteret County, North Carolina (the
"property").
2. The property is located within the Ocean Erodible Area of Environmental
Concern ("AEC"), as described in 15A NCAC 7H .0304.
3. Petitioners purchased the property in August of 1999, The existing single-family
residence located on the property is 1,200 square feet.
I
` Oct.29. 2012 9:05AM No.1225 P. 13
4. The general rule is that "[a] building or other structure less than 5,000 square feet
requires a minimum setback of 60 feet or 30 times the shoreline erosion rate, whichever is
greater," Rule 15A NCAC 7H. 0306(a)(2)(A).
5. The property currently has an annual long-term erosion rate of 2 feet so the
required erosion setback is 60 feet,
6. In early 2003, the Town of Emerald Isle proceeded with a large-scale beach
nourishment project including the area where Petitioner's property is iocated.
7, For areas within the boundaries of a large-scale beach fill project, 15A NCAC 71
.0305(a)(6) provides that the vegetation line that existed within one year prior to the onset of the
initial project construction shall be defined as the static vegetation line, The static vegetation
line shall be used as the reference point for measuring oceanfront setbacks in all locations where
it is landward of the vegetation line,
8, In November 2002, the static vegetation line for the Town of Emerald Isle was
determined by DCM staff through flagging the vegetation Iine and subsequently surveying the
line. The static vegetation line is shown on a series of maps dated December 4, 2002,
9. 15A NCAC 7H .0306(a)(8) provides "a local government or community may
petition the Coastal Resources Commission for a static line exception' In accordance with 1SA
NCAC 071 .1200 to allow development of property that lies both within the jurisdictional
boundary of the petitioner as well as the boundaries of the large-scale beach fill project,"
10, On March 24, 2010, the CRC granted the Town of Emerald Isle a "static line
exception".
11. On March 13, 2012, the Petitioners submitted to the Town of Emerald Isles
v.
. ' Oct, 29. 2012 9:05AM
No.1225 P. 14
CAMA Local permit Officer (LPO) an application for a Minor Development Permit to construct
a roof over an existing 8 ft. x 36 ft, oceanfront deck to protect the existing structure from the
elements.
12. 1n accordance with the LAMA Minor Permit Application Process, written
notification of the proposed development was provided to the adjacent riparian owners. No
objections or comments were received,
13. On March 20, 2012, the Town of Emerald Isle CAMA LPO denied the
Petitioners' application based on Petitioners' proposed development being inconsistent with 15A
NCAC 07H .0306(a)(8)(D), in that it involved the expansion of an existing structure that
"extends oeeanward of the landward -most adjacent building or structure."
14. The Petitioners' proposed development extends oceanward of the landward -most
adjacent structure, a single family residence located on the eastern side of Petitioners' property at
2203 Ocean Drive,
15, The Petitioners' proposed development meets all of the conditions set forth in
Rule 15A NCAC 7H .0306(a)(8), except subsection (D); "No portion of a building or structure
including roof overhangs and elevated portions that are cantilevered, knee braced or otherwise
extended beyond the support of pilings or footings, extends oceanward of the landward most
adjacent building or structure,"
16, The neighboring bouses on the 22nd block of Ocean Drive were built in 1978 or
1979, with the exception of the property adjacent to the eastern side of the Petitioners'. This
adjacent property was built 9 years after the Petitioners' home was built and is further landward.
The proposed development would not require additional pilings and would not increase the
3
00. 29. 2012 9 : 05AM
No.1225 P. 15
overall footprint of the house or oceanfront deck,
17, There are neighboring houses on the eastern and western side of the Petitioners'
house that have roofed decks located seaward of Petitioner's proposed development.
18. The proposed development would be located landward of the frontal dune, static
vegetation line and the 60-foot Ocean Hazard setback line,
19. The Petitioners' proposed development is consistent with. all the development
regulations of the Town of Emerald Isle; thus, there are no local regulations for which they can
seek a variance.
20, On May 3, 2012, Petitioners filed this variance request seeking a variance from
15A NCAC 7H 0306(a)(8)(D) (proposed development extends oceanward of the landward -most
adjacent building or structure)' in order to construct a roof over their 8 ft. x 36 f, existing
oceanfront deck, as proposed in their permit application,
C CLUSIQNS OF LAW
1, The CRC has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper,
3. The Petitioners have demonstrated that strict application of Rule 15A NCAC 7H
,0306(a)(8)(D) to the permit application will result in unnecessary hardship. Strict application of
Rule 15A NCAC 7H .0306(a)(8)(D) would cause an unnecessary hardship because Petitioners
satisfy all of the specified conditions set forth in rule except that the proposed rooffine would
extend occanward of the 'landward•most adjacent building, located at 2203 Ocean Drive. The
landward -most adjacent house neighboring Petitioners' property is an anomaly built forward of
the existing line of development. Petitioners' house and deck align with the majority of houses
4
' 0d.29. 2012 9:05AM
No.1225 P. 16,
that form the existing line of development along this stretch of beach. The "static line
exception" rule was not intended to cause the denial of a permit based on an anomalous
structure; such a result would place an undue burden on the development of Petitioners'
property.
4. The Petitioners have demonstrated that this hardship results from conditions
peculiar to Petitioners' .property such as the location, size, or topography of the property. The
landward -mast adjacent building was constructed nine years after Petitioners' residence was
built and is further landward than Petitioners' property. As a result of the peculiar placement of
the neighboring residence at 2203 Ocean Drive, Petitioners' property is approximately three feet
out of compliance, despite Petitioners' property being well within the CAMA required sixty -foot
setback. Petitioners' property has a seaward face of 114 feet, the second furthest of all homes on
the 22nd block of Ocean Drive. Only the residence located at 2203 Ocean Drive, the property
creating the non -conformity, has a farther seaward face. Petitioners are being penalized because
their property is located immediately adjacent to a property with development located
significantly landward of the predominant line of development along, the oceanfront of this area.
It is this condition peculiar to the location of Petitioner's property that is causing the hardship..
5. The Petitioners have demonstrated that this hardship does not result from actions
taken by the Petitioners„ Petitioners' hardship is due to the landward location of the neighboring
residence to the east at 2203 Ocean Drive, which was built subsequent to the construction of
Petitioners' house. Petitioners have also exhausted all IooaI relief efforts because the proposed
development is consistent with all Town development regulations and there are no local
regulations from which Petitioners can seek a variance.
5
Oct.29. 2012 9:05AM No.1225 P. 17
6, The Petitioners have demonstrated (a) that the requested variance is consistent
with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety
and welfare, and (o) that it will preserve substantial justice. The spirit, purpose, and intent of
Rule 15A NCAC 7H .0306(a) is "to protect life and property'." This is the underlying reason for
the CRC adopting erosion setback requirements, including the static line requirements in Ocean
Hazard AECs. The spirit, purpose, and intent of the "static line exception," as provided in
subsection (8) of that Mule, is to allow property owners to build in previously unbuildable areas,
as long as the specified conditions are met, to both protect the aesthetic and environmental value
of our state's coastal resources while preventing encroachment of permanent structures on to the
public beaches.
The proposed project will be consistent with the spirit, purpose, and intent of the CRC's
rules in that petitioners are seeking to develop their property in a manner that does not harm the
aesthetic and environmental value of our state's coastal resources, and the proposed development
more than meets the minimum distance setback requirements from the vegetation line.
Petitioners' development will also secure public safety and welfare, and preserve substantial
justice. Public safety and welfare will be maintained because Petitioners' proposed addition does
not encroach any Anther oceanward than their existing footprint. Substantial justice will also be
preserved because Petitioners' proposed addition will be located landward of most of the
neighboring houses in the surrounding area.
Furthermore, allowing Petitioners' development to extend oceanward of the landward -
most adjacent building will have a negligible impact on the management objective of the Ocean
Hazard AEC of "minimizing losses to life and property," as stated in 15A NCAC 7H ,0303(b).
'Oct, 29. 2012 9: 05AM
No.1225 P. 18
Petitioners' proposed addition will not increase the size of the existing deck and would be
located well behind the frontal dune, vegetation line and the 60-foot Ocean Hazard erosion
setback line.
QRDE
THEREFORE, the variance from 15A NCAC 7H .0306(a)(8)(D) is GRANTED, allowing
Petitioners' proposed extension of the existing roofline of the residence located at 2205 Ocean
]drive in Emerald Isle,
The granting of this variance does not relieve Petitioners of the responsibility for
obtaining a CAMA permit from the proper permitting authority.
This variance is based upon the Stipulated Facts set forth above. The Commission
reserves the right to reconsider the granting of this variance and to take any appropriate action
should it be shown that any of the above Stipulated Facts is not true.
This the —ay of July 2012. a ,-
1
Robert R. Emory, Jr., Chairman
Coastal Resources Commission
4
7
Oct. 29. 2012 9: 06AM No. 1225 P. 19
E� RMCATE OF StRYICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
George K. & Michelle L. Weber
877 Laguna Drive
Wolverine Labe, MI 48390-2016
Vince B. Seroggins Construction
215 White Oak Bluff Road
Stella, NC 28582
Amanda P. Little
Assistant Attorney General
N,C. Department of rustice
P.O. Box 629
Raleigh, NC 27603
Braxton Davis
Angela Willis
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Certoed Mai1/1teturn Receipt Requested and
Electronically
zweber3 ,ford.com
U.S Mail and Electronically at
vincebscxog&sconatruotion@yahoo.com
Electronically at
Amaad&IittIe a nMdenr,gov
Eleclronicallkat
braxton.davis@ncdenr,gov and
angelanwillis@ncdenr.gov
This the L# ' day of July 20124ia
asse
uty Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602
Commission Counsel
act.29. 2012 9:06AM
No.1225 P. 20
Department of Planning and
Inspecdons
KeviaB. Reed, AMP, Director
kreedi&emeraCdtste-nc.orrg
March 20, 2012
Town of Emerafifkfi�
Mr. George Weber
877 Laguna Drive
Wolverine Lake, NR 48390-2016
7500 Emerald Drive
Emerald Isle, = 28594
Voice 252-354-3338
Fax 25M54-5387
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER 2012-10
PROMCT ADDRESS —2205 OCEAN DRIVE, EMERALD ISLE, NC 28594
Dear Mr. Weber:
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 nay findings that your request violates NCGS 113A-120(a)(8)
which requires that all applications be denied which are inconsistent with CAMA guidelines and
Local Land Use Plans. You have applied for a MINOR CAMA PERMIT it2012-10 with the
proposed development of a roof over an ocean side deck on as existing single family dwelling to
be located seaward of the most landward adjacent building which is inconsistent with 15 NOAC
7H .0306 (a)(8)(D), which states that: "No portion of a building or structure, including roof
overhangs and elevated portions that are cantilevered knee braced or otherwise extended beyond
the support of pilings or footings, extends oceanward of the landward -most adjacent building or
structure. When the configuration of a lot precludes the placement of a building or structure, an
average line of construction shall be determined by the Division of Coastal Management oa a
case -by -case basis in order, to determine and ocean, hazard setback that is landward of the
vegetation line, a distant no less than 30 times the shoreline erosion rate of 60 feet, whichever is
greater."
Should you wish to appeal my decision to the Coastal Resource Commission or request a
variance from that group, please contact me so I can provide you with the proper forms and any
other information, you may require. The Division. of Coastal Management central office in
• c ; 012 9:06AM
No. 1225 , P. 21
Morehead City must receive appeal notices within twenty (20) days of the date of this letter in
order to be considered.
R of ours,
r s . Taylor, Jr., LPQ
Town of Emerald Isle
7500 Emerald Dr
Emerald Isle, NC 28594
cc: Barry Guthrie, DCM
. • Oc•t.29. 2012 9:06AM
No.1225 P. 22
March 8, 2012
Adam L. Showell
3701 Atlantic Avenue
Ocean City, MD 21842
Dear Mr. Showell:
This letter is to inform you that I, George Weber, have applied for a CAMA Minor Permit on my property
at 2205 Ocean Drive, Emerald Isle, In Carteret 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. Ifyou have
any questions or comments about my proposed project, please contact me at 252 725 7178, or by mail
at the address listed below. If you wish to file written comments or objections with the Emerald Isle
CAMA Minor Permit program, you may submit them to;
Town of Emerald Isle
Inspection Department
7500 Emerald Drive
Emerald Isle, NC 28594
Z
tfully
6.4, "�'
George Weber
C/0 Vince B. Scroggins Construction
215 White Oak Bluff Rd
Stella, NC 28582-9757
Oct.29. 2012 4:06AM No.1225 P. 23
ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR GAMA MINOR PERMITS
I hereby certify that 1 own property adjacent toG-'?lZ
(Name of property Owner)
property located ati 0,(� �'C-�4�✓ �2l U ,
Address, Let. Block, Road. etc.)
on 7"LA Atr-, G Llcew,. , rn t rn E 19 c Z> s c , nr.c;.
(Wateibody) (Town andfor County)
He has described to me as shown in the attached applicatiori and project drawing(s), the
development he Is proposing at that location, and, I have no objec►)ons to his proposal.
(APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED)
Sianature
Ftfnt or Type Name
Telephone number
Date
THIS PAGE WAS INSERTED BY
ONE SOURCE DOCUMENT SOLUTIONS
THE FOLLOWING DOCUMENT(S)
ARE OF POOR QUALITY
EVERY REASONABLE ATTEMPT
WAS MADE TO IMPROVE THE
QUALITY OF THE DOCUMENT(S)
= Oct 29. 2012 9:06AM No, P. 24
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Oct. 29. 2012 9:07AM No, 1225 P. 25
March 81, 2012
Nicholas B. Sollenberger
5430 Cumberland Hwy
Chambersburg, PA 17202
Dear Mr. Sollenberger:
This letter is to inform you that I, George Weber, have applied for a CAMA Minor Permit on my property
at 2205 Ocean Drive, Emerald Isle, In Carteret County. As required by CAMA regulations, 1 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 252 725 7178, or by mail
at the address listed below. If you wish to file written comments or objections with the Emerald Isle
CAMA Minor Permit Program, you may submit them to;
Town of Emerald Isle
Inspection Department
7500 Emerald Drive
Emerald Isle, NC 28594
Respectfully,
George Weber
C/O Vince B. Scroggins Construction
215 White Oak Bluff Rd
Stella, NC 28582-9757
No.1225 P. 26
j Oct.. 29. 2012 9: 07AM
Bogus Sound
Emerald Or.
�'
Ocean Reel Ocean D!.
�70
Atlanflo Ocean
TOTAL LOT AREA ZEGENA7
19,208 sq. Ft. C/L -- Centerline
(Caerd, Method) OMP Overhead Power Line
R/W - Right of Way
At1a21tte Ocean Nan-Yonumented Corners
dr Une Per Atop gook I:
Poe 74
•4 BS'4020V 7322' •
@
'I
fket Una of Aytad I
IstabN *g.&&. I .
Pa' Tom or Enavid
e
VICINxTY
MAP
—NOT TO SCALE �s
w
~aly
4.3y
y 1�
K
yNOW
�a
yegelvHon Line Par A1ap W Stroud
Enginmcing Titled `BOGUC &WJks BEACH
NOURISHMUff
I I
PROdkWT 2002 PHASE 11'
f JE
q�
For Town of Ernerotd Isle Doted 12-04-02
Mall
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o
iron Pipe Sot
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eagtn Wood Fangs
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Rod
,�-•-tt BO'3 oa E 7140' Ocean Or. 73rd SL
Idap Book 15 Poge 74
iCh�)
Cartar+et Count. Registry
r •
f OCEAN DRIVE
NOT FOR RECORDING
(60' public R/W)
PIN.: 6314.15 63 5613
FLOOD -'ONE.- YE (1.30 j 7-16-0,7
Per Firm 37DO47 6314 J'-
SUED. REC.; July 1978
40 o 40
so
120
GRAI'IiIC SCALE 777!����
r MWVY riaTiw YAP WAS DRAWN UM)& MY
SUPS Rom AN AC7r.}tt sAWry rtaaE Mom
o+
2-2a-12
Physical Survey For:
�SnPAD0 D6� R may
W
PW
So
SURW�i 2-2 --- Lzy Tpttr PC awhavm Nor
sumt�fn.wE JMCMV As 61711N FROM AvtUW?kN
GED.�GE K. �YEB.E'.l�
rx Boox — PACE oR on#R REtprf7�,Cf
Pa5lnONAL ALL'tfaAG7 tS J i na OF f'RY aQ
. ANU rrur nos mAP
1 y �.
Town Of Emerald ZakI,EETS
htE RECNpRFLfNI"' OP' 7NE SrAnn4Ros Of
PRnCli4^� M MAN) SVRVEnW 1N NaRat C1jNXM
(21 Alil 3Q f6W).
8e ZI.T
tl t� Oak •. owmship
nr/s im 61Y 0 marWr 20.
sB ZiJ
i.'d1 t t C
t re aunt , North Carolina
Bell & Phillips Surveying, PLLC
604E CEDAR POINT BLvD.
CEDAR POINT, N.C. 28584
TELL: (252)-393---6101, LTC. No.; P-0381
EA&IL: pat6Pki11ip8®eastnc.tVCbC.c0m
Oct.29. 2012 9:04AM
No.1225 P. 2
GIEMRAL INFORMATION
LAND
Name I
Address X './" C. U V -L-�;f v r
of
City Cc�o �1 , ' CiQ State /�_Z: Zip W3 a' Phone 3 / 3 F.C-A K22 54
//
Email t)e (--3 , r4', c »n-�
AUTHORIZED AGENT
Name 4 d e �
1-5 %) Al Xrn«
aJ
Address
City !ti State fY Zip.? FS -k� Phone S" L ` '7/ PP
)n5
DJ -
LOCATION OF PROJECT% (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacentwaterbody.) "�o20 C�C� it/4 t�ir]`rQAc �s
DESCRIPTION OF PROJECT: Dist all proposed construction and land disturbance.) CD om- OC "% 4JS1D c
Z/) &c.< 7 _,go r P'P'' SEC 7-
SIZE OF LOT/PARCEL: 192,09 square feet acres
PROPOSED USE: Residential 4d (Single-family Multi-faruity Q) Con unerciaUlndustrial [i Other
COMPLETE EITHER (1) OR (2) BELOW (Contact your Zoeal Permit Officer if you are not sure which AEC applies
to yourproperty):
(1) OCEAN 'HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRIJ'CTUREr 90 . Square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORE NE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: I square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete ormasonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER 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.
0c t. 29. 2012 9: 04AM
No.1225 P. 3
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:
X, 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)
r/ an owner or recor title, Title is vested in 06-oze- 6- 6A-6E _ see Deed Book
page !i V in the �o er g �y ; 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 OFADJACENT 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) (Address)
/Vd 141�cc ��� �irc�.�J:� ✓ aae;
(3)
(4)
ACKNOWLEDGEMENTS:
I, the undersigned, acknowledge that the ladd 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 agents to enter on the aforementioned lands. in connection with evaluating information
related to this permit application.
This the day of dh4. , 20/ �,,,
Landowner or person authorized 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 HaxardAEC Notice where necessary, a checkfor $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. Arty person developing in an AEC without permit is subject to civil, criminal and administrative action.
Oct. 29. 2012 9 : 04AM
No. 1225 - P. 4
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
(252)354-3338
8
CAMA Permit Page 1 of 2
Permit Number: 2012-227 Printed: 3/13/2012
Applicant
Name:
WEBER, GEORGE
Address:
877 LAGUNA DR
WALLED LAKE, MI 48390
Phone:
9199422724
Approval Date: 3/13/2012
Parcel
Parcel Number: 631415636613 Zoning: R2
Address: OCEAN DR 2205 EMERALD ISLE NC 28594
Section: Township: Range:
Addition: ISLAND SHORES Block: 11 Lot(s): 10
Legal Description: ,
Owners
Name: WEBER, GEORGE .
Address: 877 LAGUNA DR
WALLED LAKE, MI 48390
Contractors
Contractor Type: HOMEOWNER/AGENT
Name: SELF
Address: SAME AS PERMIT
Phone: 9199422724
SAME AS PERMIT
Phone: 503-1205
Fees and Receipts:
Number Description Amount
FEE2012-527 cama $100.00
Total Fees: $100.00
RCPT2012-322 $100.00
Total Receipts: $100.00
Conditions
Date: Status: Code:
M. 29. 2012 9:04AM
No.1225 P. 5
-�: :OCEAN 'HAZARD•AEG NOTICE
' ;Pro eatVi 'iri;an `; Ocean Erodible Ards
High Hazard Flopd Area Iniet,Haxard Area
..��j
} .'t',C.�� •''.,•,.,4,+; } >''. • • .. /'i /� h .`'•
a�:+ i7'4: V
••dry ^ 1 .j�
r.
c,rr. .
•'' ��� S'�/i'' '
• ' ' '
Qate�I,at�Was',�PlaEfed—
.. • • • •
the a tic' aware'of the
SP.,ECIAL. ' NOTI=: This -hazard notice.-. ' required for
:'..,.:,,r;,; � his nod ea editions ass ciatcd �vitli de cla meth in. is.
developineiti in -areas subjeet i6: sudden and ina'ssive stones and
which 1,sub'ect;to•nstrirai hazards'suoh as storms, erosion
erosion:'. Permits issued for development ,in.tliis area cxpire:pr+
ana.,.cdirepts;'rTtib:rules of Coastal Resources Commission
D,eceliiber 31 of the third year fQl[owing the`year in which the
.the
:. 'r4giiirQ;.'.'t}i`pC:: ;yDi% ; recoive'' an , AI c Hazard Ngtice and
'permit was issued. Shortly befom work tieairls: on the project ' .
::aelalaw edge 'a}at','.iiotiee in. wrifitig before, a pctiitit for
site, the Local Permit.Officer trtust be contacted to determine the
,
`'` i eveTaprrie i['crari b'w.issued.'
vcgcteition'lino and satbaek•distznce at your sikc: if the proporty
iiss We changethe dru.-.Gf permit issuance, snd'tlle,
s"dards, 1111eS: 011 buildipg, .,oce.omaoPt
.seen ,since
proposed rlcvdlopmcnt caa'sril] n1cCL the S0ti?ack reguiremerrr,
;' etbai<Ii gad',diiue,afitxratiot?s ,fie designed to minimize, but not.
the L?p will lnfotm you That you rnay,beginwvork. Substantial
`:;;neliinrnute;!.propir ty:loss frgta haz<uds,"By granting, pacts, the
progress on the project must be made' wi[ltin 6l},days of this
oastalRcQurcos.Coriunission dpes adt gllarap{ce the safety of
'setback determination, or. the setback must be re-measured.;Also, '
'a
yelopttietit.aud, ossimes no:Iiability for future damage to
[he oceuirence of a major shorelitic,change.as the resuit' Of
;;tile.
elbppiept''1'eimifis .issued in the•Ocean Hazard Area of
storm wldi n the 60-day period will tiecessitatc-r-e-tticasurcrr:ent
,;':tli .cic
`,:, t, • .:.: ,%=:...,•.;. <.:
)~nv,ronizteptal Caiicern.Sueiude the coridiiion that slr ictutos be
important CUat ou .cliec: k with the LPD
of, the setback. It is imp y
,,,
:FcXoigted,;;o;disraaq[lea:if':they become immuoently, thxeataned
Uefore the permit.expires for oiiiciel approval 10 cantinne the
' :'Eiy?ciigliges%fn shoieline,COri gwitio&i 'Uestructura{s) musl*be
moork after the permit has expired. ,Generally. Jr foundation
•:' :%:TGlocated; QT; is,uailticd_''�xithi s t vo,•(�), years of ' becomirig
pilings 114��e beon placed and substantial progress'is contu�uirp,
. Yt is utila�vti,l: . continue
.,Ti
renewal- can' be authorizedo
ir`liniirentl tltteafened; .end, iri.:at,y case upon its collapse or
permit
s'
work after permit expiration.. '
bcst!SYatlable; lnformatiori,: as accepletl by the Coastal
0� t1t0l C. f11 fD111SQ110ll, Coy+l/�Ct:
Tesources, ..pniiriisslQAi,• indicates thai the annual Iona terjit
t]le area where is
erosiori.:M e;Por yow property
'fdet
per •year_
Local Permit OfG'aer
�s ,:cst4llshed by cartful anilysis of. aerial
:.µphotorap)is o[the:roasiGrie:tal;cn aver die past SO years.
0 t`
dies°als ;fudjcatc,:that.tha shorelind.'could move as much as
O feerlandivard le &major stun
Address ,
fldod'si,atort-in a major storm are predicted to be about
Locality
fe:;dec pi:tt(is[ca.
:X?refeirr{l o ri on protecti�n rr*ieBsnreS i►tC beach• nourMun6rlt
71,52 35'C/ 3 33 e
.' %aua relQcaSf�n' tlllZ$tt lled,`&tIUCLuri;s. Hard erosion control
1
.Of:
d iCtln4c slicli.pS $ullcheacL4;;seawallsi revetments, groins, jetties
sand bags lnay be
Phone Nuti7ber
;;aiul'lirtia,�vaters ie'pt'ohiGited:'Teniporary
'audioiicd':viidr cciiaii nrnidi{ions.
''riic•;?applicai►t.,.Ymust, `acinovtrledge this iafunr,atia, and
rc`quiicricois liy:5igiiiig'this notice. in the spaco below. Without
::.`
;':tlie:prgperysignatuz be application .will ilot be complete.
vo
-�Applfcsnt%S'frira Date
fJ
Revised May 2010
4.0 VC.L. 17. cu 11 7: 04AM
No.1225 P. 7
Department of Planning and
lnspeclions
Kevin B. i ted, AICP, Director
]reed oMcraldisle-nc org
March 20, 2012
Town o�EmeraldIsCe
Mr. George Weber
877 Laguna Drive
Wolverine Take, M[ 48390-2017
7500 Emerald Drive
Emerald Isle, NC 28594
Voice 252-354-3338
Fox 252-354-5387
M: Minor LAMA Permit Application #-2012-10 — 2205 Ocean Drive, Emerald Isle, NC
Dear Mr. Weber:
This letter is in regards to your recent request for a Minor CAMA Permit for an addition
to an existing single-family residence at 2311Ocean Drive, As you know, the Town of Emerald
Isle issued a denial of the permit request because it was inconsistent with the regulations of the
Coastal Area Management Act (CAMA). It is nay understanding that you wish to pursue a
variance from the Coastal Resources Commission (CRC). One pre -requisite for seeking a
variance from the CRC is that you have exhausted all local relief efforts.
Your proposed development, which consists of constructing a roof over an existing ocean
side deck, is consistent with all Town development regulations. Based on this fact, there are no
local regulations for which you can seek a variance and all of your local efforts have been
exhausted. Please let me know if you have any questions or concerns regarding the foregoing
information.
Sincerely,
J&�� If. P-ac'6
Kevin B. Reed, AZCP, CFM, CZO
Director of Planning and Inspections