20160446 Ver 1_Minor Variance_20160504

M Gmail
NCDWR Raleigh
Gary Sieving <[e-mail]>
Draft
Forwarded message
From: Gary Sieving <[e-mail]>
Date: Mon, May 2, 2016 at 1:35 PM
Subject: NCDWR Raleigh
To: "[e-mail]" <[e-mail]>
To:
Jennifer Burdette
NCDWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 —1617
Attn: Variance Request
Gary Sieving <[e-mail]>
Mon, May 2, 2016 at 1:42 PM
2 0 1 6 0 4 4 6
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mAY 0 4 2016
DE -0 -WATER RE UR Es
01 & BUFFER PERMITTING
I got your name from Alan Johnson, Mooresville, NC DWR office. He gave me this form and asked me to send
your way.
have a lake lot on Lake Norman and plan to build a personal residential home soon. Nothing has been done yet.
I bought this lot knowing that it had some difficult property lines to work with. However, found out later the real
challenges when trying to place a home within the footprint. The architect and builder said we needed at least
1 Oft more from the point of the depression/gulley to make the house work. In other words, 40 rather than 50 ft.
from 760 water line.
April 25th, 2016 we went to Lincoln County board meeting where they approved the variance. They actually
approved 37ft in Order to provide some wiggle room around the house foundation.
Everything is in order and moving along but wanted to get your approval as well. We have received a building
permit and plan to clear trees where the home sits next week.
Thanks for your support.
Gary L. Sieving
IT Solutions Specialist
GE HealthcarelVasoHealthcare IT Division
[e-mail]
Mobile [phone]

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LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT
302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTU CAROLINA 28492
704-736-8440 OFFICE 704-736-8434 INSPECTION REQUEST LINE 704-732-9010 FAX
April 25, 2016
Gary Sieving
20441 Harbor View Dr.
Cornelius, NC 28031
Dear Mr. Sieving,
This letter is to serve notice that on April 25, 2016, the following action was taken regarding
your request for a variance (VAR #411):
Based upon the findings of fact attached hereto, the Lincoln County Zoning Board of Adjustment
voted to approve a variance from Section 4.8.3.B of'ihe Lincoln County Unified Development
Ordinance to permit a house to be set back 37 feet f tom the full pond level line of Lake Norman
on a 0.72 -acre lot (Parcel ID# 82293) located at the end of Stillwater Drive about 500 feet south
of Pine Lake Road.
If you have any questions, please contact Zoning Administrator Randy Hawkins at (704) 748-
1507.
Sincerely,
Bill Piersol, Chairman
Zoning Board of Adjustment

�0
uRu
COUNTY OF LINCOLN, NORTH CAROLINA
Applicant Gary Sieving Application No. VAR #411
Request Variance from Section 4.8.3.13 to permit a house to be set
back 37 feet from the full -pond level line of Lake Norman
ZONING BOARD OF ADJUSTMENT'S FINDINGS OF FACT
1. Unnecessary hardship would result from the strict application of the ordinance. (It shall
not be necessary to demonstrate that, in the absence of the variance, no reasonable use
can be made of the property.) YES
Factual reasons cited by the Board.
The forger of the lake is causing unnecessary hardship.
2. The hardship results from conditions that are peculiar to the property, such as location,
size, or topography. (Hardships resulting from personal circumstances, as well as
hardships resulting from conditions that are common to the neighborhood or the general
public, may not be the basis for granting a variance.) YES
Factual reasons cited by the Board:
This property is odd -shaped. It's got a finger and it's got a curve from Piney Woods
Trail.
3. The hardship did not result from actions taken by the applicant or the property owner.
(The act of purchasing property with knowledge that circumstances exist that may justify
the granting of a variance shall not be regarded as a self-created hardship.) YES
Factual reasons cited by the Board:
The forger from the lake wasn't visible when the lot was purchased.
d
4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance,
such that public safety is secured, and substantial justice is achieved. YES
Factual reasons cited by the Board:
They've had all the communications with the homeowners association and so forth,
so they're obviously comfortable and feel it's in keeping with the look and feel of the
community.

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 02B.0233)
❑ Major Variance ❑ Minor Variance
Catawba River Basin (15A NCAC 026.0243)
❑ Major Variance Minor Variance
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 028.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 026.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
Name: Gary Sieving
Title: Home Owner
Street Address: 20441 Harbor View Drive
City, State & Zip: Cornelius NC 28031
Telephone: [phone]
Email: [e-mail]
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10-2013
Gary Sieving
Home Owner
20441 Harbor View Drive
Cornelius NC 28031
985-705-5858
[e-mail]

3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
City, State & Zip:
Telephone:
E-mail:
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
Stillwater Lot#1 Zone 2 buffer variance
5. Project Location:
5a. Street Address: 8196 (or 8194?) Stillwater Drive (lot#1)
City, State & Zip: Denver NC 28037
5b. County:
Sc. Site coordinates (in decimal degrees): 35 Latitude
80
Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
See enclosed.
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site. See enclosed.
6. Property Information:
6a. Property identification number (parcel ID): 4613-18-9776
6b. Date property was purchased: Jan 2004
6c. Deed book 1548 and page number 396
6d. Map book 4613 and page number 5
6e. Attach a copy of the recorded map that indicates when the lot was last platted. See enclosed,
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
❑ YES X❑ NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)? N/A
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? N/A

8. Directions to site from nearest major intersection:
Going North on old HY 16 turn right on Unity Church Rd. Turn left on Pine Lake Rd (11 road left) across from church.
Go 1/4 mile and Stillwater subdivision entrance is on right. Proceed on Stillwater drive until road ends. That is Lot#1.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
N/A
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
April 201h, 2016 May 2nd, 2016 16-1150 Home Construction
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
Build residential personal home Due to lot's irregular shape a custom home design was required. As you can see from
Aerial lot has a very narrow building plot and is subjected to tight front and back buffers due to Gulley from Lake and
turnaround area on Piney Woods rd. In addition Stillwater HOA requires side entry garage & minimum 1' floor sqft.
The Gulley, when Stillwater was laid out in 2003 was drawn to protrude several feet up into the lot. The property line
followed accordingly. However, the gullet/ is not deep and does not fill with water even at full pond. Having to be 50ft
from the pulley buffer really squeezes designing our home. See enclosed photo ofgulley.
In May 2013 1 requested a variance from Randy Hawkins in Lincoln County. He approved via email and on April 25th 2016
the Lincoln County board approved unanimously. See enclosed letter.
The variance permits house to be set back 37ft (rather than 50ft) from full -pond.
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name: Sieving Home site.
0 Revision number & date: Rev 1, May 1St, 2016
0 North arrow: See on map.
0 Scale (1" = 50' is preferred): Enlarged for easy view.
0 Property/project boundary with dimensions: See on map.
0 Adjacent streets and roads labeled with names and/or NC State Road numbers: See on map.
0 Original contours and proposed contours: No change, except for house pad.
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries: N/A
0 Mean high water line (if applicable): See map and deed information.
0 Wetlands delineated, or a note on plans that none exist: N/A
Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries: Entire lot wooded. Buffer to remain.

0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable: N/A
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ftZ on the plan): See enclosed.
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems: Not a development.
0 Footprint of any proposed buildings or other structures. None other than home.
0 Discharge points of gutters on existing structures and proposed buildings: N/A. No existing structures.
0 Existing drainage (including off-site), drainage easements, and pipe dimensions: N/A
0 Drainage areas delineated: N/A
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Number'— Reason for Impact
Permanent (P) or
Temporary (T)
Buffer Zone 1 Impact
Mitigation (square feet)
Required
Zone 2 Impact
(square feet)
B1 - P ❑ T Build Home
❑ Yes ❑ No
400
B2 -❑P ❑T
❑ Yes ❑No
B3 -❑P ❑T
❑ Yes ❑No
(square feet)
Zone 1'
Total Buffer Impacts
400
'Label on site plan
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
A variance from Lincoln County board to reduce buffer (from tip of eulley) from 50 to 40 feet.
Is buffer restoration or enhancement proposed? ❑ Yes )d No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings. N/A
3b. Is payment into a buffer restoration fund proposed? ❑ Yes Ig No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 1'
3
(2 for Catawba only)
Zone 2
400
1.5
600
Total Buffer Mitigation Required:
600
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
A variance from Lincoln County board to reduce buffer (from tip of eulley) from 50 to 40 feet.
Is buffer restoration or enhancement proposed? ❑ Yes )d No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings. N/A
3b. Is payment into a buffer restoration fund proposed? ❑ Yes Ig No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.

D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
Single residence not a development. No drains yard inlets proposed.
1a. Show the location of diffuse flow measure(s) on your site plan. N/A
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure. N/A
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. N/A
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
MINOR variance
2a. Show the location of BMPs on your site plan. N/A
2b. Attach a Supplement Form for each structural BMP proposed. N/A
2c. Attach a Operation and Maintenance (O&M) Form for each structural BMP proposed. N/A
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
Irregular lot size front and rear with tight buffer restrictions. Space required for guest parking in front of home (within the
30ft setback buffer). Stillwater HOA requires side entry garage which means shifting home to opposite side as much as possible
causing greater problems with 50 ft. buffer. Stillwater HOA min square footage size required. Homes on lot # 2 and #3 are
larger. See enclosed letter with 4 comments from Lincoln County board.

2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).
The finger from the lake was not visible when lot was purchased.
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
Lot is totally different than other lake front Stillwater lots. See enclosed
4. Explain'whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
No home has been built. Finger (pulley) was not visible when purchased. Asked for variance permission in 2013
and was told to go ahead and design home. April 25th 2016 Lincoln County board approved variance.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
Very irregular lot. See deed information enclosed.
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage easements, that the easements will run with the land, that the easements cannot be changed
or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot.
G. Applicant's Certification
I, Gary Sieving (print or type name of person listed in Section A, Item 2), certify that the
information included on this permit application form is correct, that the project will be constructed in conformance with the
approved plans and that the deed restrictions in accordance with Section F of this form will be recorded with ail required permit
conditions.
(\
Signature:
Date:

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Page 1 of 1
DATE 5/02/16
LINCOLN COUNTY
PAGE 1
TIME 8:30:40
PROPERTY CARD
PROG# AS2006
USER PUBLICNET
FOR YEAR 2016
SIEVING GARY L
PARCEL ID.. 82293
PIN... 4613 05 18 9776
SIEVING TERESA
A LOCATION... 8196 STILLWATER DR
DEED YEAR/BOOK/PAGE.. 2004 1548
396
ASSESSMENT NONE
20441 HARBOR VIEW
DR PLAT BOOK/PAGE.. 12
345
OWNER ID.. 0172267
LEGAL DESC:#1&PT2 LOT STILLWATER
SUB
DISTRICT.. 71 E.LINC.FD & E.L.W.S
Area/Fire: 3 MARKET AREA 3
TOWNSHIP... 5 CATAWBA SPRINGS
CORNELIUS
NC 28031-
NBRHOOD... 0513P STILLWATER
DESCRIPTION
GIS ACREAGE CHANGE
NH CLASS..
DESCRIPTION
RESIDENTIAL
RESIDENTIAL
MAINTAINED..
7/07/2015 BY GRUDISILL VALUED.. 3/23/2016 BY
CNELSON
VISITED.....
5/02/2014 BY CJN PREV PARCEL 56192
ROUTING#..
PARCEL STATUS...
ACTIVE
CATEGORY.. Real & Personal
--------------------------------------------
SALES HISTORY ----------------------------------------------------
DEED BK/PAGE
SALE DATE SALES INSTRUMENT DISQUALIFIED SALE
AMOUNT
STAMP AMOUNT DEED NAME
1548 396
1/02/2004 GENERAL WARRANT QUALIFIED
215,000
430.00 SIEVING GARY L & TEREASA A SIE
1413 637
12/30/2002 GENERAL WARRANT CHANGE POST SAL 1,200,000
2,400.00 HECHT PROPERTIES LLC
--------------------------------------------
LAND SEGMENTS ----------------------------------------------------
LND
STRAT LAND AVERAGE
TOT CURRENT
# ZONE
CODE TYPE/CODE LAND QTY LAND RATE DPT%
SHP%
LOC% SIZ% 0TH% TOP% ADJ FMV
1 R -SF
12 AC WF1 .729 559,292.18 .00
90.00
100.00 .00 85.00 .00 76.50 311,908
WFC 85.00
WATERFRONT COVE
TOTAL
ACRES.. .729
TOTAL LAND FMV.. 311,908
TOTAL PARCEL VALUES---- LAND / OVR IMPROVEMENTS /
OVR
TOTAL LAND/IMPROVE
FMV...... 311,908 0
311,908
APV...... 311,908 0
311,908
--------------------------------------------
COMMENTS - ----------------------------------------------------
SALE VERIFIED
OWNER 3/2/04, MLS 1/2/04
http://207.4.172.207/jw4l c5/JWALKAPP/lincoln/PropCard/82293.html
5/2/2016

Gary Sieving
Parcel 82293
Pin 4613-18-9776
Subdivision Lot 1 STILLWATER
Map 4613-05
Acres 0.73
Plat Book -Page 12-345
Zoning
Zoning District Jurisdiction Acres
R -SF Single Family Residential COUNTY 0.73
Total 0.73
East Lincoln Development District
District
Not in the development district
Soil Types
Acres
0.73
Total 0.73
Soil Type Agriculture Forestry Horticulture Acres
Cecil sandy clay loam: 2-8 Pct slopes(Eroded) (CeB2) Class 3 Class 2 Class 2 0.434
Pacolet sandy clay loam: 8-15 Pct slopes(Eroded) (PeC2) Class 3 Class 2 Class 2 0.295
Total 0.73
Flood Zone Area (8/16/2007)
Flood Zone Description Panel Acres
AE SPECIAL FLOOD HAZARD AREA BASE ELEVATION DETERMINED - 100 YEAR 3710461300 0.097
X NO FLOOD HAZARD 3710461300 0.632
Total 0.73
2000 Census Block
County Tract Block Acres
37109 071200 3011 0.527
37109 071200 3999 0.203
Total 0.73
Sewer District
District Acres
In the sewer District 0.73
Total 0.73
Watershed Area
Watershed Class Acres
WS -IVC 0.73
Total 0.73
Gary L. Sieving
1

S,tXV ROADS ARE HEREBY DECLARED PUBLIC. THE
E OF ALL STREETS AND ROAD$ IN THIS SUBDIVISION
E RESPONSIBILITY OF THE DEVELOPER AND IT SHALL
SPONS!BILITY TO BRING THE ROADS IJP TO THE
F THE N.C.D.O.T. FOR SECONDARY ROADS.
A DATE.
MINIMUM SETBACKS
FRONT:
30'
REAR:
40'
SIDES:
15'
SIDESTREET:
20'
LAKE:
50'
ALL MEET OR EXCEED COUNTY SETBACKS
HEREBY CERTIFY THAT ALL STREETS, PUBLIC UTILITIES
ANO OTHER REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED
'N AN. RCCEPTABLE MANNER AND ACCORDING TO N.C.
DEFAHTM€NT OF TRANSPORTATION SPECIFICATIONS AND
S'ANDARDS IN THE --------------------------
SLIBDIVISICNN OR AS OTHERWISE PROVIDED FOR IN THIS
ORDINANCE. OR 'THAT GUARANTEES OF THE INSTALLATION
OF THE REOUIRED IMPROVEMENTS IN AN AMOUNT AND MANNER
$ATISFACTOR'Y TO LINCOLN COU,N-,J`HAS BEEN RECEIV�q
ANC 'THAT THE P I L I NO F , Q 1$ PLAT, i N THED6
V }
OF
SIV aION ADMINISTRATOR DATE
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LAKE NORMAN
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FINAL PLAT
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CATA WBA SPRINGS TWSP. LINCOLN COUNTY, N.C.
SEPT. 4, 2003 SCALE:1 " =100'
L� TWO OF FOUR
RONNIE DEDMON SURVEYORS, P.A.
RONNIE DEDMON, PLS #1222
CHUCK POOVEY, PLS ##3762
ROBERT DEDMON, PLS ##3899
PHILLIP HARRIS, PLS ##4164
4837 NORTH HIGHWAY #16
P. 0. BOX 494 DENVER, N.C. 28037
(704) 483--4908
SEE DEED 1413 PAGE 637
PIN 4613— Ar. —08—tia7a
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NORMAN
ALL LOTS IN THE ___STILLWATER-SUBDT---_ TO THE BEST OF
MY KNOWLEDGE, LIE WITHIN THE CLASS—IVC OF THE LAKE—_NORMAN
AS DESIGNATED BY THE NORTH CAROLINA DIVISION OF ENVIRONMENTAL
MANAGEMENT AND AS APPEARS ON THE WATERSHED PROTECTION MAP OF
--- L INCOLN --- COUNTY. ,+
Af
DATE— DEC 0 4 2003 SUBDIVISION ADMINISTRATOR
6
N
N
761' FLOODPLAIN LINE
PER FEMA MAP 370 i 46-00750 6 0!5C
g/ DATED 6-22-98

Gary Sieving
Tereasa Sieving
20441 Harbor View Dr
Cornelius, NC 28031-7080
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LINIC'OLA COUNTY, NC
PHYSICAlk I �"V F Y
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