Agenda Packet - Recent Notices

Transcription

CURRITUCK COUNTY BOARD OF ADJUSTMENT Historic Currituck County Courthouse Boardroom December 8, 2011 7:30 p.m. 7:30 p.m. Call to Order
Item 1
Roll Call
Item 2 Approval of November 10, 2011 Minutes
Approval of November 10, 2011 Orders
Item 3 BOA 11-11 RENEE Y. LYNN MINOR: Conditional use permit to allow a
bed and breakfast at 116 Swan Circle in Point Harbor, Parcel 132C-0000015-0000, Poplar Branch Township.
Item 4 BOA 11-12 BARRY NELMS: Appeal of administrator’s decision that a
private campground requires a special use permit for property located in
Walnut Island, Parcels 0107-000-0064-0000 and 0107-000-0065-0000,
Poplar Branch Township.
Item 5
Old Business
BOA 11-06 MARK & KELLI THOMPSON: Appeal of administrator’s
decision that a heavy equipment operation is not allowed in a residential
zoning district and is in violation of Chapter 2, Section 2.5 of the Currituck
County Unified Development Ordinance, located at 2040 Ocean Pearl
Road in Carova, Parcel 099C-000-0013-0000, Fruitville Beach Township.
Item 6 Adjournment
11/10/11 BOA Minutes: Page 1
CURRITUCK COUNTY BOARD OF ADJUSTMENT REGULAR MEETING November 10, 2011
REGULAR MEETING
The Currituck County Board of Adjustment met on November 10, 2011 at 7:30 p.m. in
the Historic Currituck County Courthouse. The following members were present: Bryan
Bass, David Palmer, Christian Conner, Theresa Dozier, Donald Ferebee, and Cameron
Tabor. The following member was absent: Ralph Jones. Brad Schuler, Planner; Tiffany
Sanders, Planning Technician; Stacey Smith, Code Enforcement Officer; and Benjamin
Gallop, Board of Adjustment Attorney; were also present.
Mr. Bass called the meeting to order and announced a quorum had been met with four
regular members and one alternate member. Ms. Dozier was called upon to act as a
voting member.
APPROVAL OF SEPTEMBER 8, 2011 MINUTES
Mr. Conner motioned to approve the September 8, 2011 minutes with no changes. Mr.
Ferebee seconded the motion and the motion passed unanimously.
BOA 11-10 ANDREW COPELAND: Appeal of administrator’s decision that more
than one storage container is being stored on a vacant residential lot, which is in
violation of Chapter 3, Section 3.2.2.1.G of the Currituck County Unified
Development Ordinance. Located at 1617 Caratoke Highway in Moyock, Parcel
0023-000-033H-0000, Moyock Township.
Mr. Schuler and Ms. Smith appeared before the board and were sworn in.
Ms. Smith presented the following memo to the Board:
MEMORANDUM
To:
Board of Adjustment
From:
Planning Staff
Date:
October 25, 2011
Re:
BOA 11-10 Andrew Copeland Appeal
Andrew Copeland is appealing the administrator’s decision that:
*Minutes are not official until approved by the board.
o The placement of an accessory building on a lot where no residential dwelling is located,
but where one is intended to be built, for the storage of equipment related to the upkeep
of that lot is permitted. (Chapter 3, Residential Accessory Uses 3.2.2.1 (G))
In this case, there are two accessory buildings located on the property and equipment stored
outside the buildings. The ordinance only allows for one accessory building to be located on a lot
of which there is intent to build, and it can only be used for the storage of equipment used for the
upkeep of the property. Generally this is mostly, lawn mowers, racks, bush hogs, etc. Mr.
Copeland would have to remove one of the accessory buildings and store all the outside
equipment in the one allowable accessory building.
The property is located at 1617 Caratoke Highway in Moyock, Parcel 0023-000-033H-0000;
Moyock Township.
The County submits the following attachments:
o Attachment 1: Appeal application submitted October 03, 2011 by Andrew Copeland,
property owner.
o Attachment 2: Notice of violation sent September 20, 2011 from Stacey Smith, Code
Enforcement Officer.
o Attachment 3: Photos of site.
DISCUSSION
Mr. Conner questioned the allowance of two storage buildings.
Ms. Smith stated the violation case that was heard in August was in regards to an
outdoor storage use as a commercial use and the current violation was in regards to a
residential use.
Mr. Palmer asked if the appeal was a separate UDO violation.
Ms. Smith explained the difference between a commercial use of the storage buildings
and the residential use of accessory structures.
Mr. Bass questioned the reference in the ordinance that pertained to the use of
accessory structures on a residential lot.
Ms. Smith explained the allowance of accessory buildings on a vacant residential lot.
She stated accessory structure use was in Chapter 3 of the UDO. She explained that
once the single-family dwelling had obtained a certificate of occupancy the applicant
would be allowed to have more than one accessory building on the lot.
Mr. Palmer questioned if the single-family dwelling would have to be occupied or would
the certificate of occupancy allow more than one accessory building to be located on the
property.
Ms. Smith stated once the certificate of occupancy is issued having more than one
accessory building located on the property is allowed.
Mr. Conner questioned the UDO reference that regulated accessory buildings on a
vacant residential lot.
Ms. Smith stated the reference was in Chapter 3.
Ms. Donna Conner appeared before the board and was sworn in.
Ms. Easter Dozier and Rev. Little Joe Powell appeared before the board and affirmed.
Ms. Conner handed out a packet of information to the board (attached as Exhibit #1).
She explained to the board her concern with the violation being similar to the violation
that was heard at the August 11, 2011 meeting. She referenced items that had
previously been removed from the property. She stated that it would only be a short
amount of time until there would be an established residence on the property.
Ms. Smith stated that a tractor with a bush hog had been removed from the property as
required.
Mr. Palmer asked if Ms. Conner was an owner of the property.
Ms. Conner stated yes she was also a property owner along with Mr. Copeland.
She felt that the complaint should have been taken to superior court since a similar
violation had already been heard and a decision had already been made on August 11,
2011. She referenced that accessory structures are allowed on a residential property
as shown in the UDO in the permitted uses table.
Mr. Bass questioned the requirement for residential accessory structures.
Ms. Smith said there could not be an accessory use on the property if there was no
established dwelling. Ms. Smith stated that the original violation in regards to the
storage containers was for outdoor storage and this was a separate violation for the
storage containers being used as accessory structures on a lot that does not have an
established dwelling.
Ms. Easter Dozier said she would like to know what was stored in the accessory
buildings.
Ms. Conner stated that everyone was invited to see what was in the storage containers.
Rev. Little Joe Powell stated he was the pastor of the church that was adjacent to the
appellant’s property. He stated his concern with the appellant’s intentions for the
property. He expressed his concern with the residential lot being used for commercial
purposes. He asked if the agenda of the meeting was to vote on the removal of the
storage containers.
Mr. Bass stated the decision would be to uphold the administrator’s decision or to
reverse the administrator’s decision.
Rev. Powell asked how many accessory buildings would be allowed on the property
once the dwelling had been established.
Ms. Smith stated an application for an accessory building would be required and a
review of the primary use verses an accessory use would be done such time.
Rev. Powell asked what would need to be included for the proposed modular to be
considered a dwelling unit.
Mr. Schuler said there would need to be some alterations done to the modular trailer in
order for it to meet building requirements. He stated the question should be addressed
to the Chief Building Inspector, Spence Castello, for further explanation.
Ms. Smith said she was aware of modifications that had been proposed to the modular
trailer in order for it to meet building code for a dwelling. She stated the application was
public record and Rev. Powell was welcome to review the permit application.
Mr. Bass questioned if the square footage of the accessory structures was a violation or
just that there were two buildings on a vacant residential lot.
Ms. Smith stated the violation was for the number of accessory structures located on
the property. She said the accessory structure was for storage of items that were
necessary for only the upkeep of the property.
Ms. Conner stated that she would allow anyone to see the items that were stored in the
containers at any time. She gave a brief description of the items stored in the
containers.
Mr. Bass asked if the items that were in the storage containers were germane to the
case.
Ms. Smith said in order to correct the violation she would need to remove the second
accessory building and that the items in the accessory structure were only supposed to
be for the upkeep of the property, not for household items.
Ms. Conner said that Donna Voliva told her that some furniture would be allowed to be
stored in an accessory building. She stated that the ordinance referenced an accessory
building was allowed and there was no statement indicating it couldn’t be more than one
building.
Rev. Powell said that his issue was not with what was being stored in the containers but
the fact that the appellants have had previous violations.
Mr. Palmer moved to close the public hearing. Mr. Ferebee seconded the motion and
the motion passed unanimously.
ACTION
Mr. Palmer moved to uphold the administrator’s decision. Mr. Ferebee seconded the
motion and the motion passed unanimously.
PROCEDURAL BUSINESS
Mr. Palmer moved to authorize the chairman of the board to execute the order on behalf
of the Board. Mr. Ferebee seconded the motion and the motion passed unanimously.
ADJOURNMENT
There being no further business to discuss Mr. Ferebee motioned for adjournment. Mr.
Conner seconded the motion and the motion passed unanimously. The meeting
adjourned at 8:19 p.m.
Respectfully Submitted,
Tiffany B. Sanders/s/
Planning Technician
BOARD OF ADJUSTMENT CASE ANALYSIS
Meeting Date:
Case Number:
Applicant/
Property Owner:
PIN:
Address:
Zoning District:
Township:
December 8, 2011
BOA 11-11
Renee’ Y. Lynn Minor
132C-000-015A-0000
116 Swan Circle, Point Harbor
Residential (R)
Poplar Branch
Request
Conditional use permit to allow a bed and breakfast in the (R) zoning district,
pursuant to the Table of Permissible Uses of the Currituck County Unified
Development Ordinance.
Narrative
1. The applicant is proposing operate a bed and breakfast from her
residence at 116 Swan Circle. Of the six bedrooms in the dwelling, three
will be used for the bed and breakfast.
2. The only improvement to the site beside the installation of bufferyards, will
be the improvement of one parking space under the dwelling.
Conditional Use Permit Criteria and Staff Findings
The Board must find that the applicant meets all criteria in order for a conditional
use permit to be approved. Following is the staff suggested findings for each
criterion (as is required by the UDO).
In granting a conditional use permit, the Board of Adjustment may attach to the
permit such reasonable requirements in addition to those specified in this
ordinance as this will ensure that the development in its proposed location meets
the following:
(a)
The application is complete.
1. The application is complete.
(b) The proposed use is among those listed in the Table of Permissible
Uses as a conditional use indicated with a “C.”
1. The proposed use is among those listed in the Table of Permissible
Uses as a conditional use indicated with a “C.”
BOA 11-11 Minor Bed & Breakfast
CUP
Page 1 of 3
(c) The conditions proposed meet or exceed the minimum requirements
of this ordinance.
1. The conditions proposed meet or exceed the minimum requirements of
this ordinance.
(d) The conditional use will not endanger the public health or safety.
1. The proposed use should have no impact on public heath or safety.
(e) The conditional use will not injure the value of adjoining or abutting
property and will be in harmony with the area in which it is located.
1. The proposed location is surrounded by residentially zoned property.
The use will not injure the value of the adjoining property and will be in
harmony with the area.
2. The surrounding land uses include:
a.
North:
Undeveloped
b.
South:
Currituck Sound
c.
East:
Undeveloped
d.
West:
SFD
(f) Zoning District: R
Zoning District: N/A
Zoning District: R
Zoning District: R
The conditional use will be in conformity with the Land Use Plan and
other officially adopted plans.
1. The 2006 Land Use Plan classifies this property as Limited Service
within the Point Harbor subarea. The Limited Service area and Point
Harbor subarea both emphasizes that community character be
preserved with respect to nonresidential uses.
(g) The conditional use will not exceed the county’s ability to provide
adequate public facilities.
1. The proposed use will not exceed the county's ability to provide
adequate public facilities.
TRC/Staff Recommendation: The Technical Review Committee and staff recommend approval of this request subject to the findings of fact as presented above and the following: Requirements:
1. All necessary approvals are obtained from Albemarle Regional Health
Services.
CUP
Page 2 of 3
CUP
Page 3 of 3
li.QIES.
-PROPERTY IS LOCATED IN A F.I.R.M.
ZONE A6(10') (SUBJECT TO CHANGE BY F.E.M.A.)
-AREA -16,728sq.ft.(COORO)
COVERED AREA -5,652sq.ft.
-MIN. BUILDING LINES PER CURRENT
ZONING
-CURR. CO. PIN# 132C-000-0015-0000 (LOT 15)
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MARK Q.. M!NOR &
RENEE Y. LYNN MINOR
AS REC.:
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POINT HARBOR
SCALE
1"=J0'
LOT 15A
ERMA GRIGGS SINGLETARY &
336 RAYMOND F. SINGLETARY
POPLAR BRANCH TWSP.
FllE NO.
2200
CURRITUCK CO.
CADO FIL.£
2200£
DATE
N. CAROLINA
J/18/4
BARNETI'E INTEGRATED LAND DEVELOPMENT
POB 7159 KOH, NC 27948 (252)441-5154
BOA 11-11 Minor CUP
Site Plan
Conditional Use Permit
Review Process
I
Contact Information
Currituck County
Planning Department
153 Courthouse Road, Suite 110
Currituck, NC 27929
I
Step 1
Phone. 252.232.3055
Fax:
252.232.3026
Website: http: II www.co.currituck.nc.us / Plonning .d m
Pre-application Meeting
The applicant must schedule a pre-submittal meeting with county staff to discuss the use, prellmlnary
assessments regarding the proposed use and the adopted ordinance and plans, and process.
I
Step 2
Application Submittal
The applicant must submit a complete application packet on or before the application submittal date. A
complete applkatlon packet consists of the following:
o Completed Currituck County Conditional Use Permit Appllcation.
o Appllcatlan Fee ($150).
o A narrative explaining the proposed use, description of any processes to be utilized, equipment used
as part of the operation, proposed days/hours of operation, and any Information which wlll be useful
in considering this application.
o An accurate site plan of the property drawn to scale (1 "=50') In a professional like manner, unless
waived by the administrator. The site plan shall Include the following:
o General Information Including, but not limited to: vicinity sketch; north arrow; engineering
scale ratio; acreage; title of the development; date of the plan; gross floor area of all
buildings; name and address of owner/developer and person or firm preparing the
plan; and zoning setback lines.
o Locatlon(s), dlmenslon(s), and arrangement of all: vehicular entrances, exits, drives and
fire lanes; automobile parking spaces, width of aisles and bays, angle of parking and
number of spaces; truck unloading docks, ramps and spaces; refuse collection (dumpster)
container space(s); bulldlng(s) with exterior dimensions; fences, walls, docks, ramps,
pools, patios, and surface areas; water tap(s) denoting slze(s) of line(s) or well area;
sewer tap(s) denoting slze(s) of lines or septic system location, Including repair area;
electrical service connection(s); existing and proposed fire hydrant; easements and
rights-of-way; slze(s) of all public utility lines (water, sewer and storm sewer) within all
adjacent public rights-of-way and easements.
o Drainage plan, Including a drainage narrative with calculations, site surface drainage,
pipe size, yard drains, catch basins, curb Inlets, and topographic plan that Indicates
location and elevation changes above or below natural grade (shown In one foot
intervals) within the past six months and contains the following certificate:
J
I.Renee I )WD MJDQliowner/agent do hereby certify that I will develop the
property In accordance with the approved plans which will be constructed or maintained
so that surface waters from such development are not unreasonably collected and
channeled onto lower adlacent properties at such locations or at such volumes as to
cause substantial damage to such lower adlacent properties. In addition, the
development will be constructed or maintained so that It will not unreasonably Impede
Conditional Use Permit Application
Page 1 of6
9/10
0
0
0
0
0
0
0
0
0
0
0
the na al flow of water from higher or adjacent prope
across such development,
!
t~ ?JCb higher adjacent properties.
thereby rea ably causing substantial dama
Owner/Agenh.-.~ -~,.,.,_bJ
tunu.....,_ _ _ _ _ _ _ __
Date,
Curb an g er alignment, including street wld~storm drainage, if necessary.
Bufferyard/Landscape plan, Including the following Informations
o Existing and proposed buildings, drives, parking areas, exterior storage areas,
dumpsters, stormwater detention areas (If applicable) and accessory structures;
o All existing and proposed planting areas and vegetation that will be used to
comply with the bufferyard requirements, Including the species, height, caliper (for
single stem trees only) and spacing of all vegetation;
o Existing and proposed physical barriers to be used to comply with the bufferyard
requirements;
o All surrounding existing land uses; and,
o Adjoining property lines and names and address of adjoining property owners.
Site distance triangles of 1O' x 70' shall be Indicated at the Intersection of all pubffc
right-of-way lines, and site distance triangles of 1O' x 35' shall be Indicated at the
Intersection of a right-of-way and driveway.
Comparison of how the proposed development relates to the maritime forest guide, if
applicable.
The flood zone(s), Including boundary lines and finished floor elevations, where
applicable.
A lighting plan compliant with the Currituck County Unified Development Ordinance.
A copy of an executed NCDOT Street and Driveway Access Permit Application and
Encroachment Agreement, If necessary.
Any additional Information as may be required by the reviewing agents.
NCDENR, DWQ, stormwater permit application for projects with 10,000 square feet or
more of built upon area proposed. NCDENR, Land Quality, Erosion and Sedimentation Control permit application for prolects with one acre or more of land disturbance proposed. Number of Coples Submitted
5 Coples of conceptual site plans
5 Hard copies of ALL documents
1 PDF digital copy (ex. Compad Disk - e-mail not acceptable) of all plans AND documents
NOTE:
NCDENR PERMITS AND APPROVED PLANS ARE REQUIRED PRIOR TO BUILDING PERMIT
APPLICATION OR COMMENCEMENT OF PROPOSED USE IF A BUILDING PERMIT IS NOT REQUIRED,
Step 3
Technical Review Committee Review and Recommendation
The plaMlng staff will submit the plan to the TRC and prepare a written report that will Include any
outstanding concerns with the proposed request or layout of the plan. After the TRC meeting, the planning
staff will prepare the staff report and recommendation. A copy of the report will be provided to the
appllcant In advance of the Board of Adjustment meeting.
I
Step 4
Adjoining Property Owner Notification
It Is the planning staff's responsibility to mall a notice to all adjacent property owners within 200 feet of the
subject property at least 10 days but not more than 25 days prior to the Board of Adjustment meeting date.
I
Step 5
Board of Adjustment Meeting
The Planning staff will present the request to the Board of Adjustment. The applicant must attend the Board of
Adjustment meeting to answer any questions the board or public may have about the proposed projed. The
Board of Adjustment shall conduct a quasi-fudiclal hearing that Is subjed to procedural rules set forth by the
courts, including the requirement of a formal evidentfary hearing, and may require reasonable and
appropriate conditions be attached to the approval of the application. Such conditions should relate to the
relationship of the proposed use to surrounding property, proposed support fadltties such as parking areas
and driveways, pedestrian and vehicular circulation, screening and buffers, phasing of development,
Infrastructure Improvements, and other matters that the board may find appropriate or the applicant may
propose. The Board may approve or deny the permit, or the board may continue the hearing until a
subsequent meeting.
Page2of6
9/10
OFFICIAL USE ONLY:
Case Number:
Date Filed:
Gate Keeper:
Amount Paid:
Application
I
Contact Information
APPLICANT:
Name:
Address:
PROPERTY OWNER:
Renee Y. Lynn Minor
116 Swan Circle
Name:
same as applicant
Address:
Pojnt Harbor, NC 27965
Telephone:
202/391-5210
Telephone:
Fax Nurnberi
Fax Number:
E-Mall Address:
[email protected]
E-Mail Address:
LEGAL RELATIONSHIP OF APPLICANT TO PROPERTY OWNER:
I
_S_am_e_________________
Property Information
Physical Street Address,
1=1....6___S._w_.an"""".. C""i_.r
. .....c..,1....e_______________________
Location:
Point Harbor NC
Parcel Identification Number(s),
132c-ooo-001s-oooo
Total Parcel(s) Acreage:
Exlstilg Land Use of Property,
I
Private Residence
Request
Proposed Use of the Property,
_B_r_e_a_d_&__B_r_e_a_k..f_a_s_t__________________
.
Total square footage of land disturbance activity:
Total lot coverage,
Existing gross floor area,
The Bread &Breakfast will not create a disturb nee
16, 728 sq ft
5, 652 sq ft
1, 000 sq ft
Total vehlculor area,
Proposed gross floor area,
_n/_a_ ______
The owner is requesting to change
this residence into a Bread and Breafast. Three (3) of the six (6) bedrooms
would be used for the Bread and Breakfast.
Purpose of Conditional Use Permit and Protect Narrative,
Page3of6
9/10
The applicant shall provide a response to the each one of the following issues. The Board of Adjustment must provide
specific findings of fact based on the evidence submitted. All findings shall be made In the affirmative for the Board
of Adjustment to Issue the conditional use permit.
A. The use will not materially endanger the public health or safety.
Public health and safety will not be endangered.
The Bread and
Breakfast will be cleaned and kitchen and bathroom standards
in accordance with county and state regulations.
B. The use will not substantially lnJure the value of adjoining or abutting property.
The use will not injure the value of adjoining or abutting
pro,perty.
C. The use wlll be In harmony with the partlcular neighborhood or area In which It Is to be located {even
though the proposed use and surrounding uses are generally permissible In the same district and
therefore usually compatible).
·
The Bread
&Breakfast
is in a residential neighborhood and the
owners will be residents in the home.
Therefore, the use will
be in harmony with the particular neighborhood.
D. The use will be In general conformity with the land Use Plan or other plan officially adopted by the
board.
The use will be in conformity with the Land Use Plan of a
Bread &Breakfast
E. The use will not exceed the county's ability to provide adequate public facllltles, Including, but not
limited to, schools, fire and rescue, and law enforcement.
The use will not exceed the county's ability to provide adequate
public facilities, including, but not limited to. schools,
fire and rescue, and law enforcement.
I, the undersigned, do certify that all of the information presented in this application Is accurate to the best of my
knowledge, Information, and belief.
Further, I hereby authorize county officials to enter my property for purposes of determining zoning compliance.
All Information submitted and required as part of this appllcation process shall become public record.
Page4of6
9/10
I
Hearing Dates and Procedure for Continued Requests
Hearing Dates and Procedure for Continued Requests
Bed and Breakfast
Requesh
Application Submlttal Date1
October 27, 2011
Technical Review Committee Meeting Date:
November 8, 2011
Board of Adfustment Meeting Datea
December
8,
2011
Procedure for Delayed Request
Please initial each slafement.
~If
you wish to continue your request to a later date, you must appear before the appropriate
committee/board on the scheduled meeting date, state the reason for continuance, and the meeting date you
wish the request to be heard.
~There Is a $100 processing fee for each delayed request.
This must be paid prior the delayed meeting date.
n J: lit1 If you wish to delay your request at a Board of Adiustment meeting, you are responsible for re-advertising
~your request In a newspaper of general clrculatlon In Currituck County for the approved date. The notice shall
Include the date, time, place, and nature of the application and shall be advertised at least 10 days, but not
more than 25 days, prior to the hearing. You must provide the Planning Department with a copy of the
newspaper In which that advertisement occurred and an affidavit of publication provided by the newspaper
llstlng the advertisement and advertisement date(s) prior to the Board of Adlustment meeting.
~
\ A request may only be continued by an applicant a total of two times during the entire review process. If the
request Is not acted upon by the appropriate committee/board at the second delayed meeting date because
of the applicant's request for continuance, the application will be voided and returned to the applicant. A new
submittal, lndudlng submittal fees, will be required to place the Item on an agenda. The request will process
as a new submittal as If It has not been reviewed by any convnlttees/boards. Nole: In the event of an
emergency, the administrator may process the continuance without it being counted toward the maximum number
of two continuances allowed.
f
I, - .'-l~l!l.::::;...=:.:,~~L:J...u.~:.?:
£.
=-- - - - - - - 6 acknowledge the meeting dates listed above and
representative must be present at each meeting. If I wish to continue my request, I must follow
that I or my author
the procedures list
above.
Conditional Use Pennit Application
Page5of6
9/10
Currituck County
Department of Planning
Currituck, North Carolina 27929
252-232-3055 FAX 252-232-3026
MEMORANDUM
To:
Board of Adjustment
From:
Donna Voliva, Planner II
Date:
November 30, 2011
Re:
BOA 11-12 Barry Nelms
Barry Nelms is appealing the administrator’s decision that a private campground on
property located in Walnut Island (PIN: 0107-000-0064-0000 and 0107-000-00650000) requires a special use permit. In accordance with Chapter 2, Section 2.5 Permitted
Uses Table, a special use permit is required for a campground to be established.
In response to the appeal, the County submits the following:
1. Attachment 1: Application
2. Attachment 2: Determination Request dated October 24, 2011 from Barry C.
Nelms.
3. Attachment 3: Letter of Determination dated October 25, 2011 from Donna
Voliva.
11-12 Nelms Appeal
Page 1 of 5
Attachment 1
OFFICIAL USE ONLY:
Case Number:
\\- \
Date Filed:
\\ -C ~
Gate Keeper:
~
Amount Paid:
• ()')
2
APPEAL
INTERPRETATION
Application
!
Contact Information
PROPERTY OWNER:
~
Name:
Address:
Telephone:
<f:'0 - W S3
Telephone:
Fax Number:
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Fax Number: E-Mail Address,
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LEGAL RELATIONSHIP OF APPLI
~ i ~./,fvt-( E-Mail Address: NH CHROPERn::ER: - - - - --
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Property Info rmation
Physical Street Address:
Location:
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Request
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An interpretation of the zoning map.
Appeal - Interpretation Application
Page 2 of 5
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11-12 Nelms Appeal
Page 2 of 5
Appellant Statement
State the facts you ore prepared to prove to the Boord of Adjustment that should lead the board to conclude
that the decision of the administrator was erroneous.
cL
I, the undersigned, do certify that all of the information presented in this application is accurate to the best of my
knowledge, information, and belief.
Further, I hereby authorize county officials to enter my property for purposes of determining zoning compliance.
All information submitted and required as port of this application process shall become public record.
Appellant/Applicant
Dote
If the person who is requesting the Boord of Adjustment to toke action on a particular piece of property is not
the owner of the property, or under contract to purchase, then the actual owner of the land must complete this
section. If the owner is the appellant/application please do not complete this section.
Dear Sir or Madame:
hereby authorize - - -- - - -- - - - - - - - - - -- -- -- -- , . ' - - - - - - - - - - - -
to appear with my consent before the Boord of Adjustment in order to request
appeal or interpretation at the
above location. I authorize you to advertise and present this matter in m ame as the owner of the property.
If you hove any questions, you may contact me at the followin
listed on this application.
the address, phone number, or email address
ore me, this the _ _ day of - - - - - - - - - - ~ 20_ _.
Notary Public
Appeal • Interpretation Application
Page 3 of 5
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11-12 Nelms Appeal
Page 3 of 5
Attachment 2
October 24, 2011
To: Currituck County Zoning Department
Currituck, North Carolina
From: Barry C.Nelms, Owner
169 Walnut Island Blvd.
Grandy,North Carolina
Request:
I am requesting a Determination for the use of my property at 169 Walnut
Island Bvd. Grandy, N.C. for Commercial Use of-Camping, Motor Home
Use, and RV Camping Use Including Use by Commercial Vendors for
Special Events that are presently allowed.
Property to be effected include: Parcels 1 & 2, 3.02 acres on 169 Walnut
Island Blvd. Map 0107-000-0064-0000, and 9.54 acres on property
described as East of Walnut Island- Map 0107-000-0065-0000.
Thank you,
'
Barry C. Nel s, Owner
Barry's on Walnut Island Restaurant, Lodge, Sport Center
169 Walnut Island Blvd. Grandy, N.C. 27939
11-12 Nelms Appeal
Page 4 of 5
Attachment 3
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Currituck County
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252-232-3055 FAX 252-232-3026
166&
October 25, 2011
Mr. Barry C. Nelms
169 Walnut Island Boulevard
Grandy, NC 27939
Re:
Camping
Dear Barry:
I received your request for determination regarding camping on your property
located in Walnut Island (PIN 0107-000-0064-0000 and 0107-000-0065-0000).
The property in question is zoned RR (Residential/Recreational) and a private
campground requires the issuance of a special use permit. Since county records do not
indicate an approved camping operation exists for the property, an approved special use
permit is required for camping to occur at this location.
You may appeal the administrator's decision to the Board of Adjustment within
ten days from receipt of this letter that camping on PIN 0107-000-0064-0000 and 0107
000-0065-0000 requires a special use permit and is not considered a nonconforming use
or this decision is considered final.
Please let me know if you have any questions.
Sincerely,
Donna W. Voliva
11-12 Nelms Appeal
Page 5 of 5
Currituck County
Post Office Box 70
252-232-3055
FAX 252-232-3026
MEMORANDUM
To:
Board of Adjustment
From:
Brad Schuler, Planner I
Date:
November 30, 2011
Re:
BOA 11-06 Mark & Kelli Thompson
At the June 9, 2011 the Board heard BOA 11-06 Mark & Kelli Thompson appeal of the
administrator’s decision that a heavy equipment operation is not allowed in a residential zoning
district and is in violation of Chapter 2, Section 2.5 of the Currituck County Unified Development
Ordinance, located at 2040 Ocean Pearl Road in Carova, Parcel 099C-000-0013-0000,
Fruitville Beach Township.
At the meeting, the Board affirmed the following administrator’s determinations:
1. Determination that the applicants are operating an impermissible heavy equipment
business on the property within an RO2 zoning district.
2. Determination that the applicant’s were storing several unlicensed, uninspected and
unregistered motor vehicles stored on the property outside of a fully enclosed structure in
violation of the Currituck County UDO.
The Board also modified the above administrator’s determinations allowing the applicant to
correct the violations by the December 8, 2011 BOA meeting and shall be reviewed by the BOA
at the December 8, 2011 meeting.
A recent site visit by staff confirmed that the site has been brought into compliance with the UDO
in regards to the storage of unlicensed, uninspected and unregistered motor vehicles on the
property outside of a fully enclosed structure.
Attached is the order from the June 9, 2011 meeting.
BOA 11-06 Thompson
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Currituck County
Post Office Box 70
Currituck, NC 27929
252-232-3055 /Fax 252-232-3026
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CURRITUCK COUNTY BOARD OF ADJUSTMENT
ORDER AFFIRMING AND REVERSING IN PART
A DECISION OF THE ADMINISTRATOR
Date Filed____________________
Meeting Date:
Case Number:
Applicant/Owner:
PIN:
Address:
Zoning District:
Township:
June 9, 2011
BOA 11-06
Mark & Kelli Thompson
099C-000-0013-0000
2040 Ocean Pearl Road
Outer Banks Limited Access Residential Zoning District (RO2)
Fruitville Beach
The Currituck County Board of Adjustment held a public hearing on June 9, 2011 to consider
BOA 11-06 Mark & Kelli Thompson: Appeal of administrator’s decision that a heavy
equipment operation is not allowed in a residential zoning district and is in violation of
Chapter 2, Section 2.5 of the Currituck County Unified Development Ordinance.
Having heard all of the evidence and arguments presented at the hearing, the Board makes
the following FINDINGS OF FACTS:
1. The applicants are operating a heavy equipment business from their property located
at 2040 Ocean Pearl Road (the “Property”). Heavy equipment business are not a
permitted use of property in the RO2 Zoning District.
2. There does not exist an excessive amount of trash, litter, and debris on the Property.
3. The applicants have several unlicensed, uninspected and unregistered motor vehicles
stored on the Property outside of a fully enclosed structure.
4. The applicants are seeking to obtain access to another parcel of property upon which
to operate their heavy equipment business and expect to be able to acquire such
access within six (6) months of the public hearing before the Board of Adjustment.
5. The applicants can have the unlicensed and unregistered motor vehicles stored on
the Property moved within a fully enclosed structure or removed from the Property
within six (6) months of the public hearing before the Board of Adjustment.
The board moved to uphold the zoning administrator’s decision based on the following
CONCLUSION:
BOA 11-06 Thompson
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1. The applicants are in violation of the Currituck County Unified Development
Ordinance (“UDO”) because they are operating a heavy equipment business from the
Property without a permit and doing so is not a permitted use of property in the RO2
Zoning District.
2. There is insufficient trash, litter or debris on the Property to conclude that the
applicants are operating an impermissible junkyard on the Property which would not
be a permitted use of property in the RO2 Zoning District.
3. The applicants are in violation of the Currituck County UDO for having several
unlicensed, uninspected and unregistered motor vehicles stored on the Property
outside of a fully enclosed structure.
4. Six (6) months is a reasonable time for the applicant’s to bring the Property into
compliance with the Currituck County UDO.
THEREFORE, IT IS ORDERED that the decision of the administrator is hereby:
A. AFFIRMED with regard to the administrator’s determination that the applicants
are operating an impermissible heavy equipment business on the Property
within an RO2 Zoning District. The same is MODIFIED to require that the
applicants shall have until the December 8, 2011 Currituck BOA meeting to
correct the aforementioned violation and the same shall be reviewed by the
Currituck BOA at its December 8, 2011 meeting.
B. REVERSED with regard to the administrator’s determination that the
applicants have an excessive amount of trash, litter and debris on the Property
causing it to be classified as a junkyard.
C. AFFIRMED with regard to the administrator’s determination that the applicant’s
were storing several unlicensed, uninspected and unregistered motor vehicles
stored on the Property outside of a fully enclosed structure in violation of the
Currituck County UDO. The same is MODIFIED to require that the applicants
shall have until the December 8, 2011 Currituck BOA meeting to correct the
aforementioned violation and the same shall be reviewed by the Currituck BOA
at its December 8, 2011 meeting.
Ordered this 9th day of June, 2011
________________________
Staff to the Board
______________________________
Chairman of the Board of Adjustment
If you are dissatisfied with the decision of this board, an appeal may be taken to the Superior
Court of Currituck County within 30 days after the date this order is received by you.
BOA 11-06 Thompson
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