20160875 Ver 1_Staff Report_20161109 (9)

Belinda Keever
8005 Falling Leaf Court
Raleigh, NC
November 9, 2016
Belinda Keever has requested the Water Quality Committee (WQC) to grant an after -the -fact
Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for an
aboveground pool and partially constructed deck within Zone 1 and Zone 2 of the buffer at 8005
Falling Leaf Court in Raleigh, NC. The pool and deck will impact 644 square feet of Zone 1 and
569 square feet of Zone 2.
Accordingly, pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the
preliminary finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 02B.0233 (9)(a).
15A NCAC 02B.0233 (9)(a)(i) states the following:
"There are practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he/she can secure no reasonable
return from, nor make reasonable use of, his/her property. Merely proving that the
variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
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Belinda Keever
8005 Falling Leaf Court Raleigh
Major Variance Request — DWR Findings of Fact
Page 2 of 3
E. The applicant did not purchase the property after the effective dote of this Rule, and then
request an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and
would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. In 1984, the home on this lot was constructed with a deck on the back located
partially within Zone 2 of protected buffer. The applicant purchased the home in
March of 2015 through an estate transfer. The applicant was not aware of the buffer
until they were notified after the pool was installed and the deck was partially built by
Raleigh Regional Office staff. Work was stopped, and the applicant requested this
major variance because the pool is needed to provide their granddaughter with
special needs a suitable place for exercise. Because only a small area of the backyard
is not occupied by the protected buffer, the applicant cannot install a pool and
construct a deck without impacting the protected buffer.
B. The hardship results from application of this Rule in that the riparian buffer occupies
approximately 90 percent of the backyard of the existing home.
C. The hardship is due to the physical nature of the applicants' property. An unnamed
tributary to Mine Creek runs just outside of the western property line, flows into
another tributary that runs along the southwestern property line encumbering
approximately 90 percent of the backyard, which is different from that of neighboring
properties.
D. The applicant unknowingly violated the buffer rule by installing pool and partially
constructing a deck around the pool within the protected buffer.
E. The applicant purchased the property on March 26, 2015, which is after the effective
date of this Rule. The lot was platted and the home was constructed in 1984, which
is prior to the effective date of the rule.
F. The hardship is unique to the applicant's property in that the riparian buffer occupies
approximately 90 percent of the backyard. This constraint is different from that of
most of the other properties in the neighborhood.
15A NCAC 0213.0233 (9)(a)(ii)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:

Belinda Keever
8005 Falling Leaf Court Raleigh
Major Variance Request — DWR Findings of Fact
Page 3 of 3
The purpose of the riparian buffer rule is to protect existing riparian buffer areas. However, the
home was constructed in 1984 near the edge of the protected buffer leaving approximately 90
percent of the backyard occupied by the protected buffer. The applicant is proposing to
purchase 2,785.50 buffer mitigation credits to offset the buffer impacts from pool and deck.
15A NCAC 0213.0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare hove been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has been protected and substantial justice has been done.
The applicant is proposing to purchase 2,785.50 buffer mitigation credits. Because the pool
retains stormwater and the deck is pervious, Divison staff determined that stormwater
treatment is not necessary to protect water quality.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for a
Major Variance from the Neuse Riparian Area Protection Rules because the harmony and spirit
of buffer protection requirements are met and the protection.0233 (9)(a) provided the below
mentioned conditions or stipulations are required. If the Water Quality Committee approves this
request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division
recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B
.0233 (9)(c)(ii) & (iii)]:
• Mitigation
The applicant shall provide mitigation for the proposed impacts by purchasing 2785.50
buffer credits from Resource Environmental Solutions, LLC banks located within HUC
03020201 as indicated in their application.