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HomeMy WebLinkAbout20110074 Ver 2_Meeting Note_20120112William Bell 216 Forte Shores Drive, Chocowi Major Variance Request Tar - Pamlico Buffer Rules (1SA NCAC 02B. 0259) Findings of Fact (cont.) • Applicant does not meet these hardships: — 15A NCAC .02B.0259(9)(a)(i)(C) -The hardship is due t the physical nature of the applicant's property such as its size shape or topography which is different from that of neighboring property. — 15A NCAC .02B.0259(9)(a)(i)(F) -The hardship is uni to the applicant's property rather than the result of conditions that are widespread. — 15A NCAC 02B.0259(9)(a)(iii) -in granting the var' lk the public safety and welfare have been assure. quality has been protected and substantial justi been done. Requirements for the Varianc • Mitigation for Zone 1 impacts (3:1) ratio — Plantings of shrubs and small trees — Payment for sq footage that can't be planted Stormwater treatment — Applicant proposes using gutters to direct stormwater out of the buffer Findings of Fact • Purchased property in 1999 6 Pool necessary for hydrotherapy for arthritis • Pool will impact 500.57 square feet of Zone 1 buffers Site layout Conditions for Variance if Approved • Deed restriction on the restored and remaining buffers on this property, • The applicant must supply a report showing that all shrubs and trees have been planted within a year, • The applicant will be required to submit annual reports for a period of five years for all shrubs and trees planted, • Applicant has agreed to remove the above - ground pool, restore the footprint of the pool with native grass and notify the Division staff of the pool removal prior to the completion of the sale of his property; and • A stormwater plan will be submitted to the Division fo approval. 1/12/2012