boa-packet-15apr9-boa15-02

Currituck County
Planning and Community Development Department
Planning and Zoning Division
153 Courthouse Road, Suite 110
Currituck, North Carolina 27929
252-232-3055 FAX 252-232-3026
MEMORANDUM
To:
Board of Adjustment
From:
Planning Staff
Date:
March 31, 2015
Re:
BOA 15-02 Andree Sherman
Andree Sherman appealed a Notice of Violation that an accessory structure was placed on the
property that exceeds the allowable 100 square feet located at 135 Inlet Lane, Walnut
Island.
Within an existing camper subdivision, the Unified Development Ordinance allows for one
accessory structure. The UDO states:
“Section 8.2.6.C.3 Noncomforming Campgrounds
3. One accessory structure, not to exceed 100 square feet, may be permitted on a camper
lot provided it complies with the dimensional standards of this section.”
Background
On July 28, 2014 the county received a compliant regarding a structure being placed on the
property without county permits. On July 29, 2014, Jason Corbell, Building Inspector,
investigated the complaint and posted a stop work order on the property for work without a
building permit. On August 5, 2015, Mr. Corbell drove by the property and observed a
gentleman working on the structure at which time he informed him of the stop work order and
advised him to stop all work until such time a building permit had been obtained. On August 6,
2014, Mr. Corbell sent a certified letter to Mrs. Sherman advising her to stop all work on the
structure and to come in to obtain county permits.
After the receipt of the letter, Mrs. Sherman came to the county office and spoke to Jason
Corbell and Stacey Smith, Code Enforcement officer, about the structure. It was then
determined that the structure exceeded the 100 square foot allowable size of an accessory
structure in a nonconforming campground subdivision and she would need to either remove the
structure from the property or have it properly permitted and constructed as a single-family
dwelling. Mrs. Sherman stated that the structure was a camper at which time staff advised her
that if the structure was a camper, then such camper had to be licensed by NCDMV.
On August 11, 2014 Jason Corbell and Stacey Smith inspected the property and saw where
the structure was still on site and a license plate had been attached (see attachment 3). Staff
contacted a deputy who ran the license plate CE-60544 which belonged to a 1999 Prowler
travel trailer and didn’t fit the description of the wooden structure. Mrs. Sherman also owns
property at 130 Reef Land in Walnut Island where she does have a 32 foot 1999 Prowler
travel trailer listed as personal property and such trailer sits there today.
On September 2, 2014 Stacey Smith contacted Inspector Roy A. Bateman with the North
Carolina License & Theft Bureau by email (see attachment 4) to request the states assistance to
determine if the said structure was licensed as a camper by the NCDMV. On October 1, 2014
Mr. Bateman emailed staff stating that the unit is not a vehicle and that such structure was
purchased from Stateline Builders in Grandy, NC.
After further investigations by county staff, it was determined that the structure was not a
camper and it exceeded the allowable accessory structure size and; therefore, a Notice of
Violation was sent on February 5, 2015 advising Mrs. Sherman to either remove the building
from the property or have it properly permitted as a single-family dwelling.
The County submits the following attachments:
o Attachment 1: Appeal application submitted February 23, 2015 by Andree Sherman
o Attachment 2: Stop Work Order Letter sent August 6, 2014 from Jason Corbell,
Building Inspector
o Attachment 3: Photos of structure taken August 11, 2014 & January 31, 2015
o Attachment 4: Email correspondence dated September 2, 2014 & October 1, 2014
between Stacey Smith, Code Enforcement Officer, and Inspector Roy A.
Bateman with the North Carolina License & Theft Bureau
o Attachment 5: Notice of violation sent February 5, 2015 from Stacey Smith, Code
Enforcement Officer
o Attachment 6: Memo regarding Building Code Minimum Room Sizes VS Tiny Houses
dated March 30, 2015 from Inspection Staff
Attachment 3
Photos taken August 11, 2015
Attachment 3
Photos taken January 31, 2015
Attachment 4
Attachment 5
Attachment 6
Currituck County
Planning and Community Development Department
Central Permitting and Inspection Division
153 Courthouse Road, Suite 117
Currituck, North Carolina 27929
252-232-3378 FAX 252-232-3470
To: Stacey Smith, Code Enforcement Officer
From: Inspection Staff
Date: March 30, 2015
Subject: Building Code Minimum Room Sizes VS Tiny Houses
DWELLING. Any building that contains one or two dwelling
units used, intended, or designed to be built, used, rented,
leased, let or hired out to be occupied, or that are occupied for
living purposes.
DWELLING UNIT. A single unit providing complete independent
living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and
sanitation.
HABITABLE SPACE. A space in a building for living, sleeping,
eating or cooking. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces and similar areas are not considered
habitable spaces.
MINIMUM ROOM AREAS
R304.1 Minimum area. Every dwelling unit shall have at least
one habitable room that shall have not less than 120 square feet
(11 m2) of gross floor area.
R304.2 Other rooms. Other habitable rooms shall have a floor
area of not less than 70 square feet (6.5 m2).
Exception: Kitchens.
R304.3 Minimum dimensions. Habitable rooms shall not be
less than 7 feet (2134 mm) in any horizontal dimension.
Exception: Kitchens.
R304.4 Height effect on room area. Portions of a room with a
sloping ceiling measuring less than 5 feet (1524 mm) or a furred
ceiling measuring less than 7 feet (2134 mm) from the finished
Attachment 6
floor to the finished ceiling shall not be considered as contributing
to the minimum required habitable area for that room.
The safety requirements of this chapter provide protection for the building’s structural
members, as well as prevent undue stress
and strain on pipes. The building’s structural stability is protected by the regulations for
cutting and notching of structural members.
Additional protection for the building occupants includes requirements to maintain the
plumbing in a safe and sanitary condition, as well as privacy for those occupants.
SECTION R305
CEILING HEIGHT
R305.1 Minimum height. Habitable space, hallways, bathrooms,
toilet rooms, laundry rooms and portions of basements
containing these spaces shall have a ceiling height of not less
than 7 feet (2134 mm).
Exceptions:
1. For rooms with sloped ceilings, at least 50 percent of
the required floor area of the room must have a ceiling
height of at least 7 feet (2134 mm) and no portion of
the required floor area may have a ceiling height of
less than 5 feet (1524 mm).
2. Bathrooms shall have a minimum ceiling height of 6
feet 8 inches (2032 mm) at the center of the front
clearance area for fixtures as shown in Figure R307.1.
The ceiling height above fixtures shall be such that the
fixture is capable of being used for its intended purpose.
A shower or tub equipped with a showerhead
shall have a minimum ceiling height of 6 feet 8 inches
(2032 mm) above a minimum area 30 inches (762
mm) by 30 inches (762 mm) at the showerhead.
3. Beams and girders spaced not less than 4 feet (1219
mm) on center may project not more than 6 inches
Attachment 6
Attachment 6