Eryn K. Moiler - Wrightsville Beach

Transcription

r
E n Moller
From:
Sent:
To:
Cc:
Subject:
Frank Smith [[email protected]]
Monday, April26, 2010 9:41AM
'Eryn Moiler'
'Tony Wilson'
RE: Gazebo
Eryn ... the application of the fire retardant paint looks good to me.
Frank D. Smith, Fire Chief
Town of Wrightsville Beach
EMERGENCY: 911
Phone: (910) 256-7920 Fax: (910) 256-7924
Email: [email protected]
"Fire Sprinklers Save Lives!''
·~--------·
.
•---·
From: Eryn Moiler [mailto:[email protected]]
Sent: Friday, April 23, 2010 8:08 AM
To: 'Frank Smith'
Cc: 'Tony Wilson'
Subject: Gazebo
Good morning,
The gazebo between Vito's and Cafe Del Mar is painted and ready for your sign off. If it is
completed to your satisfaction could you please send me a quick email stating that it meets your
requirements.
Thank you and have a great day!
Eryn K. Moiler
Planner I
321 Causeway Dr
Wrightsville Beach, NC 28480
(910) 509-5019 ext. 204
[email protected]
1
1111111
~~~
11111111111111111!11 !1111111111111111 IIIII II
2009033103
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACUElSH
NEW HANOVER COUNTY, NC
2009 SEP 22 11:16:33 AM
BK:5439 PG:\53-157 FEE:$23.00
HISJ@MfNJI £~~~0JJIOJ
GENERAL UTILITY EASEMENT
Prepared by: John C. Wessell, I!I, Attorney at Law, P.O. Box 1049, Wilmington, NC 28402.
Return to:
~~~---~--l~r!r.k7t
...u....rn"".-to...:..,..,=-=~---------
vvessell & Ranev
Parcel Nos.: R06308-016-001-000 & R06308-016-020-000
NORTII CAROLINA
NEW HANOVER COUNTY
Se~~~hefl-
TillS DEED OF EASEMENT, executed this the ..J:l_ day of
, 2009, by and
between JAMES W. SKIBA and wife, DIANE MciNTYRE SKIBA (hereinafter individually and
collectively referred to as "Grantor") and the TOWN OF WRIGHTSVILLE BEACH, a municipal
corporation organized and existing under the laws of the State of North Carolina, whose post office
address is P.O. Box 626, Wrightsville Beach, NC 28480 (hereinafter referred to as "Grantee");
For and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, the
Grantor has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and
convey into the Grantee, its successors and assigns, the right, privilege and perpetual right-of-way
and easement over, through, under and upon the lands and premises hereinafter described for the
purpose of constmcting, installing, inspecting, maintaining, repairing, removing, extending,
improving, replacing, building and/or operating ceJtain public facilities and utilities, including but
not limited to, water, sanitary sewer, storm sewers, drainage pipes, valves, catch basins, ditches, and
other appurtenances, said premises being a cettain parcel or tract of land located in the Town of
Wrightsville Beach, New Hanover County, North Carolina, and more pmticularly described as
follows:
hereunder or to otherwise permit encroachment upon the easement. It is expressly understood and
agreed, however, that the Grantor, its heirs, successors and assigns shall retain the right to cultivate
the ground lying within the boundaries of the right-of-way and use said easement for any other
lawful purpose; provided, however, that such cultivation or use shall not be inconsistent with the
rights herein granted to the Grantee, and Grantee shall not be liable for any damages or loss due to
the exercise of its rights hereunder within its easement and right-of-way.
For the purpose of constructing, inspecting, improving, replacing, removing,
maintaining, extending, repairing or otherwise using the above-described facilities, the Grantee
shall have the right of ingress to and egress from the easement and right-of-way over such private
roads, alleys, ways, driveways or paths Q1ereinafter collectively referred to as "private roads") as
may now or hereafter exist on the property of the Grantor. Any damages proximately resulting to
such plivate roads from the negligent use by the Grantee shall be repaired by the Grantee at its
expense. The right, however, is reserved to the Grantor or its heirs, successors and assigns to shift,
relocate, close or abandon such private roads at any time. If there are no public or private roads
reasonably convenient to the easement and right-of-way, the Grantee shall have such right of
ingress and egress over the Grantor's property adjacent to the easement and right-of-way in such
manner as shall occasion the least practicable damages and inconvenience to the Grantor. T11e
Grantee shall be liable for any consequential damages proximately caused by its sole negligence in
the exercise of the right of ingress and egress over adjoining property.
By acceptance of this Deed of Easement, the Grantee agrees that it will restore the
surface of the land to its approximate level prior to construction by fill or grading in the course of
constmction or maintenance of the aforesaid facilities so long as the same are not inconsistent with
and do not interfere with the rights herein granted to the Grantee. It is specifically agreed that any
trees removed for construction or maintenance work will not be replaced. The construction m·
maintenance area may be seeded by the Grantee, but the Grantee shall not be responsible for
landscaping or othetwise improving the area. It is understood and agreed that the execution and
delivery of this deed by the Grantor and its acceptance by the Grantee shall not obligate the Grantee
to construct or maintain any main, line, pipe, lateral or other extension or pennit any com1ection to
its water, sanitary sewer, storm sewer, drainage or other public utilities system.
Use of the masculine gender herein includes the feminine and neuter, and the
singular number used herein shall equally include the plural.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
3
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration:
Book:
Document No.:
09/22/200911:16:33 AM
RE
5439 Page: 153-157
2009033103
5 PGS
Recorder:
$23.00
CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2009033103*
2009033103
TOWN OF WRIGHTSVILLE BEACH
ORDER GRANTING A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
8 NORTH LUMINA AVENUE, WRIGHTSVILLE BEACH, NORTH CAROLINA
The Board of Aldermen of the Town of Wrightsville Beach held a
public hearing on June 25, 2009 to consider the request submitted by James
Skiba for
a
Conditional Use Permit
for
the property located at 8 North
Lumina Avenue, Wrightsville Beach, North Carolina. Having heard all the
evidence and arguments presented at the hearing, the Board of Aldermen makes
the following Findings of Fact and draws the following Conclusions:
1.
use
It is the Board of Aldermen's Conclusion that the proposed
does satisfy the first
general
requirement
listed in the Ordinance;
namely, that the establishment, maintenance or operation of the conditional
use will not be detrimental
to or endanger the public health,
safety or
general welfare.
Findings of Fact to support this Conclusion:
A.
This
request
is
for
an amendment
to existing
conditional use permits for the property located at 8
North Lumina Avenue in which a business known as
Vito's Pizzeria is currently located.
The property
owner requests that a portion of the alley located
between 6 and 8 North Lumina Avenue be converted into
a common sitting area for patrons of the business
located at 8 North Lumina Avenue and patrons of the
business located at 6 North Lumina Avenue.
B.
Vito• s Pizzeria currently is permitted as a standard
restaurant pursuant to a conditional use permit
granted on or about April 23, 1987.
C.
The building in which Vito's Pizzeria is located is
separated from the building to the south located at 4
and 6 North Lumina Avenue by an alley approximately 15
feet in width.
The applicant and the owner of the
property at 4 and 6 North Lumina Avenue wish to
transform the alley dividing their properties into a
common patio area.
D.
The proposed plans includes a gravel ground cover
coupled with the use of brick pavers.
The improved
area will extend from the eastern right of way of
North Lumina Avenue approximately 23 feet eastwardly
in the alley separating the two properties.
E.
Vito's Pizzeria operates in the building located at 8
North Lumina Avenue.
This use currently requires a
minimum of 10 parking spaces. Use of the alley in the
manner described in this application will result in
the loss of 0 parking spaces for the use having an
address of 8 North Lumina Avenue.
F.
Eliminating vehicular
enhance public safety.
traffic
in
this
alley
will
2.
use does satisfy the second general requirement listed in the Ordinance;
namely,
that
enjoyment
already
of
the
conditional
other property
permitted,
nor
use
will
in the
diminish
not
be
injurious
immediate vicinity
or
impair
property
to
for
the
use
the
purposes
values
within
and
the
neighborhood.
3.
use
does
namely,
A.
The Findings of Fact set forth in the preceding
paragraph are incorporated herein by reference.
B.
Development of this area will permit patrons of the
businesses at both 6 and 8 North Lumina Avenue to more
safely congregate in this area.
C.
No alcohol can be served in this alley area at this
time.
The applicant will be required to post signs
prohibiting smoking and drinking in this area.
D.
The alleyway in question is currently subject to an
easement permitting the public a right of passage
through the alley. The proposed use will not restrict
the public's ability to pass through this alley.
satisfy the
third general
requirement
that the conditional use will not
listed in the
ordinance;
impede the normal and orderly
development and improvement of the surrounding property for uses permitted
in the district.
4.
A.
paragraphs are incorporated herein by reference.
B.
The proposed use is consistent with the surrounding
uses and is in compliance with the Town's CAMA Land
Use Plan.
use does satisfy the fourth general requirement listed in the ordinance;
namely,
that the exterior architectural appeal and functional plan of any
proposed structure will
architectural
appeal
not
and
be
so at
functional
variance
plan
with either the exterior
of
the
structures
already
constructed or in the course of construction in the immediate neighborhood
or
the
character of
the
applicable district,
as
to
cause a
substantial
depreciation in the property values within the neighborhood.
A.
2
5.
use
does
namely,
B.
The use anticipates an improvement to the surface of
the alley and the addition of tables and chairs.
Additionally, a pergola as described in photographs
presented to the Board of Aldermen may be constructed
in the alleyway.
c.
The proposed changes will not be at variance with the
surrounding buildings.
satisfy the fifth general
that
adequate utilities,
requirement
access
roads,
listed in the ordinance;
drainage and/or necessary
facilities have been or are being provided.
A.
6.
use
does
B.
Any lighting and electrical wiring will need to comply
with the provisions of the North Carolina State
Building Code.
C.
There is an existing Town water line that runs through
this alley. As a condition of the granting of this
permit, the applicant must convey an easement to the
Town for the maintenance and replacement of this water
line.
D.
The pergola, if constructed, shall be constructed of
noncombustible materials to satisfy the requirements
of the fire district in which this property is located.
satisfy the sixth general
requirement listed in the ordinance;
namely, that adequate measures have been or will be taken to provide ingress
and egress
so designed as
to minimize
traffic congestion in the public
streets.
A.
B.
7.
PUblic access will not be prohibited and the public's
right of passage will continue notwithstanding the
granting of this permit.
use does satisfy the seventh general requirement listed in the ordinance;
namely, that the conditional use shall in all other respects conform to all
the applicable regulations of the district in which it is located.
A.
3
B.
8.
The use of the property in the manner described herein
must comply with all other applicable local, state and
federal
ordinances,
statutes
and
rules
and
regulations.
use does satisfy the eighth general requirement listed in the ordinance;
namely,
that
public
access
shall
be
provided
in
accordance
with
the
recommendations of the Town Land Use Plan and Access Plan and/or the present
amount of public access and public parking as exists within the Town now.
9.
use does
namely,
A.
B.
The public access through this area, while limited by
the tables and chairs, will not be prohibited.
satisfy the ninth general
requirement
listed in the
ordinance;
that the proposed use shall be consistent with recommendation and
policy statements as described in the adopted land use plan.
A.
B.
The proposed use is consistent with the Town's CAMA
Land use Plan.
Therefore,
because
the
Board
of
Aldermen
concludes
that
all
general and specific conditions precedent to the issuance of a Conditional
Use Permit have been satisfied, IT IS ORDERED that the application for the
issuance of a Conditional Use Permit be granted,
conditions:
a.
subject to the following
That applicant shall fully comply with all of the specific
requirements stated in the ordinance for the proposed use,
additional conditions stated below.
b.
That
if
any
section,
subsection,
as well as any
paragraph,
sentence,
clause, phrase or portion of this Permit is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall
be deemed severable and such holding shall not affect the validity of the
remaining portions hereof.
c.
That the project shall be developed in accordance with the
plan as submitted and approved.
d.
That this Conditional use Permit shall comply with all other
supplemental regulations and requirements imposed by the Zoning Ordinance or
4
any other applicable federal,
In
the
event
of
a
state or local law, ordinance or regulations.
conflict,
the
more
stringent
requirement
or
higher
standard shall apply.
e.
Other conditions:
i.
The
applicant
will
be
responsible
for
sufficient trash receptacles in the area
emptying such receptacles.
placing
and for
ii.
At least two bollards will be permanently erected at
both ends of the area in question to prevent vehicular
access.
iii.
The applicant shall be required to grant an easement
ten 10 feet in width (5 feet on either side of the
centerline of the existing water line) to the Town for
maintenance, repair and replacement of the existing
line.
iv.
The area to be improved shall extend from the eastern
boundary of North Lumina Avenue eastwardly for a
distance of 23 feet.
v.
The applicant shall post signs prohibiting smoking and
drinking within the area.
vi.
A pergola similar to that as described in photographs
presented to the Board of Aldermen on the date of this
hearing shall be allowed within the area on the
condition that the materials of which this pergola is
constructed meet all requirements of the Town.
vii.
The applicant proposes a common use of the alleyway
with the adjacent property owner.
If the adjacent
property owner elects to discontinue its use of its
portion of the alleyway,
then the applicant may
continue its use in the manner described herein and
subject to all the conditions set forth herein.
viii. The applicant shall be responsible at all times for
maintaining the area subject to this permit in a clean
and orderly condition.
The public's right of passage through the alley shall
continue in existence notwithstanding the issuance of
this permit.
s
~~
day of
9.
5
The signatures of the applicant and property owner below indicate
that the applicant and property owner have received this Conditional Use
Permit
together
with
all
attachments.
Any
violations
conditions will render this Permit null and void.
of
the
stated
To be valid, this permit
must be signed below by the applicant and owner and returned to the Town
Clerk's Office within thirty {30) days of the date of approval as indicated
below.
This Permit will expire six
{6)
months from the date expiration
begins as indicated below if within that six-month period a building permit
has not been granted.
not
commenced
within
The building permit will expire if construction is
six
{6)
months
from
the
date
of
issuance
of
the
building permit.
~
:3,11007
I
<6
APPLICANT
rJ LvvrV1:'{1~ \JJ-r,'~ht,'ll:t\~ ~~aJ" 'l"G~ ~~
Address
Date signed by
Applicant and Owner
JCW\Wrbch\Order-123
6
Eryn Moller
From:
Sent:
To:
Subject:
Tony Wilson [[email protected]]
Tuesday, August 04, 2009 4:02 PM
[email protected]; [email protected]
FW: Vito's/Cafe Del Mar Alley
From: Frank Smith [mailto:[email protected]]
Sent: Tuesday, August 04, 2009 3:52 PM
To: Wilson, Tony
Subject: RE: Vito's/Cafe Del Mar Alley
Tony,
The design for the pergola submitted by Mr. Norris is acceptable provided that:
1) As shown in the applicant's sketch, no lumber with a cross section less than 2" x 6" is used to construct
the pergola. No lightweight lattice, sheeting, trim, etc. shall be used.
2) The pergola is painted using FR-1 Fire Retardant Paint Additive (sample supplied by applicant). This
product must be mixed with paint and applied as directed by the manufacturer. The pergola must be
repainted as necessary to maintain a uniform, intact coating.
EMERGENCY: 911
Phone: (910) 256-7920 Fax: (910) 256-7924
"Fire Sprinklers Save Lives!"
Sent: Wednesday, July 22, 2009 4:38 PM
To: [email protected]
Subject: Vito's/Cafe Del Mar Alley
Chief Smith,
Kieth Norris from Vito's dropped by the gazebo design and fire retardant paint. Will you have time
in the next couple of days to swing by my office to look at it?
Thanks,
1
MINUTES- BOARD OF ALDERMEN
JUNE 25, 2009- PAGE 2
i.
Set public hearing for Thursday, July 16, 2009, at 6:00 p.m., or as soon
thereafter as possible, for consideration of a conditional use permit application
for 222 Old Causeway Drive to open a take-out only delicatessen.
j.
Approved revised 2009 Historic Landmark Commission meeting schedule to
cancel the July 13th meeting.
k. Approved revised 2009 Board of Adjustment meeting schedule to cancel the
July 161h meeting.
I.
Approved Budget Ordinance No. (2009) 294-B to transfer $6,250 from the
General Fund-CIP beach repairs/re-nourishment account into the General
Fund Governing Body account to pay for work done to date on the static line
exception project.
m. Approved Authorized Permanent Positions by Pay Range as of July 1, 2009.
PUBLIC HEARING FOR CONSIDERATION OF A CONDITIONAL USE PERMIT
\'
APPLICATION FOR CAFE DEL MAR FOR USE OF A COMMON ALLEY.
' ? <;) P<.,
Mayor Whalen opened the public hearing at 6:05p.m.
~
<1,0·
,\,t>
Planning and Parks Director Tony Wilson submitted the following information:
Background: On May 6, 2009, Joshua Vach on behalf of Cafe Del Mar, submitted
a conditional use permit application to convert the alley between 6 and 8 North Lumina
Avenue into a common sitting area for patrons. This area is zoned C-1 Commercial
District and is a Primary Fire District. The structure located at 6 North Lumina Avenue is
two stories with a masonry fagade. Current Use: Cafe Del Mar is permitted as a standard
restaurant through a conditional use permit. At the August 7, 2008 Board of Aldermen
meeting, the Board granted a conditional use permit allowing Tower 7 to expand its use to
Cafe Del Mar. The cafe is operating as a coffee shop in the morning and as overflow for
Tower 7 in the afternoon and evening. Proposed Use: The alley is 15 feet wide and the
common area will be 23 feet deep from the Lumina Avenue entrance. The applicant is
proposing to transform the alley into a common patio area. Ground cover will remain
gravel with the addition of brick pavers. Parking: Cafe Del Mar and Tower 7 Baja Mexican
Grill are required to provide the minimum of 13 parking spaces according to Section
155.060 Off-Street Parking requirements. According to an amendment to Tower 7's
conditional use permit granted on August 28, 2008, restaurant owners need to provide
eight (8) parking spaces for the uses at 2, 4, & 6 North Lumina Avenue. They are
currently able to provide a total of eight (8) spaces in the lot directly behind the building.
Ingress to the parking area behind Cafe Del Mar is located off of Stone Street and egress
is onto Oceanic Avenue. Departmental Review: Police: No comment. Fire: Must comply
with the following comments: 1) Since the seating area would be considered an Assembly
Occupancy and it is located in a Primary Fire District, the proposed walls/lattice
work/trellis would have to be of non-combustible construction; 2) Eliminating vehicle traffic
in this alley would enhance public safety; however, the walls shown are not sufficient to
protect patrons in the seating area from vehicle traffic. Traffic bollards (or posts) would be
required at each end of the alley; and 3) All lighting and electrical wiring would need to
comply with the applicable provisions of the electrical code. Planning: Planning staff has
no issues with the common sitting area as long as improvements meet Building, Electrical
and Fire Codes. Public Works: No comment. Parking: Suggests considering some sort
of drainage mechanism for the condensation from Vito's air conditioning unit.
JUNE 25, 2009- PAGE 3
Staff Summary: This request is consistent with the 2005 CAMA Land Use Plan and the
Town Zoning Code. Provided that the applicant meets all local, state and federal
requirements, staff recommends that the Board of Aldermen consider granting Cafe Del
Mar a conditional use permit for the proposed common sitting area. Planning Board
Recommendation: At the June 2, 2009 Planning Board meeting, members voted 7-0 to
forward a favorable recommendation to the Board of Aldermen. The Planning Board also
made the following suggestions for the conditional use permit: 1) On-site trash containers
must be provided by applicant; 2) Applicant must maintain the cleanliness of the common
area; 3) Any improvements to the common area must comply with the Fire Department's
recommendations; and 4) The property owner must grant an easement for the waterline in
that area.
Mr. Wessell stated that there is an easement on record for public access for
this area.
Mayor Whalen asked if it would be possible to tie this request in to the
conditional use permit request for Vito's Pizza (if approved) in case they have a falling
out in the future or a change of ownership and one side is not happy with the
arrangement. Mr. Wessell suggested putting in a condition that both properties would
have to continue the common area and one can operate as long as the other is in
operation. He said he thought the Board would have to waive the parking requirement.
When Alderman Miastkowski asked if we would allow them to drink alcohol
outside, Mr. Wessell said State law prevents open containers outside. Police Chief
John Carey stated that it would depend on their ABC permit. Alderman Weeks noted
that people would be in violation getting from the restaurant to that area.
Alderman Cignotti stated that this could be a neat patio area for both
businesses but they would need a door coming out the side. He said it would be a
good overflow area for people to eat.
Mayor Whalen expressed the need to put up two bollards in the front and
maybe two in the back so there is no confusion.
Alderman Weeks referenced the Fire Department's concern about the gazebo
being flammable and said there is a retardant that can be used. Mr. Wilson explained
that the retardant works well at first but the weather wears it down.
When Alderman Miastkowski expressed concern with Vito's selling pizza until
two o'clock in the morning, Chief Carey stated that this would not add to the overall
problem that we have there; it would give the Police Department a safe place to put
people and they would be protected by the bollards to prevent a drunk driver from
crashing into the crowd.
Mr. Josh Vach, speaking for Cafe Del Mar, stated that he came to the initial
meeting with the Planning Board to move this forward. He said he would like to
address a couple of the concerns by saying that they voluntarily said no alcohol
consumption in this area and in addition, it will be a non smoking area. He stated that
the key word was "common" area because it is intended for anybody in the downtown
area. Mr. Vach stated that the trash, landscaping and maintenance is already being
done under his supervision and that would continue.
JUNE 25, 2009- PAGE 4
Mayor ProTem Blair asked if no smoking or drinking could be enforced in that
area and Mr. Vach replied, "Definitely. Businesses will probably utilize the benefits
throughout the day. We are not open as late as Vito's and that will be on Keith and his
crew. If you went there now, you would find no cigarette butts or weeds. I will take
responsibility until10:00 p.m. It will be good for the entire Town."
Following a brief discussion regarding pavers, Mayor Whalen asked what
would happen with this joint venture if one side gets disenchanted or sells and the
new owner does not want it. Mr. Vach said they would be okay with that. He stated
that this was a big opportunity for them as well as the Town and they would be
receptive to any language needed for that.
Mr. Wessell referenced the waterline in that area and urged the Board to make
it a condition that the Town be given at least a 10-foot easement so we can repair that
line when necessary. He noted that the easement has to be with the property owners.
When asked if the Board should approve Cafe Del Mar's request first and then
listen to Vito's request, Mr. Wessell recommended that they let both sides speak and
then vote separately.
PUBLIC HEARING FOR CONSIDERATION OF A CONDITIONAL USE PERMIT
APPLICATION FOR VITO'S FOR USE OF A COMMON ALLEY.
Mr. Keith Norris stated that he bought Vito's in January of 2006 and has made
progress in making the area look better. He said this request was a result of seeing
safety concerns in the area like too much alcohol or too many people standing on the
sidewalk. He noted that they do use that space for parking just because it is there.
Mr. Norris said they are used to coming out of that space but he watches other people
who park there and they do not realize the danger to people walking by. He distributed
copies of a proposed pergola that would extend from his side of the building to Cafe
Del Mar's side. Mr. Norris stated that he was trying to be altruistic because the
downtown area needs a place for people to get off the sidewalk and he would be
completely responsible for the upkeep. He said the current alleyway with the parking
does not allow any access but he was told he could not close it. Mr. Norris noted that
he has an off-premise ABC permit and people can buy it in his store and go anywhere
they are legally allowed to drink; but they would not be legally allowed to drink in the
common area because the patio is not enclosed. He said, "I do not want to have a
bar. I'm trying to bring more families and more places to sit." He referenced the loss
of parking spaces and said two years ago, where the fence is, was open and people
would go back to park at the homes. He noted that they were up on parking even if
this is taken away. Mayor Pro Tem Blair asked Mr. Norris if he thought the no
smoking or drinking was something he could enforce. He expressed concern with
having a great idea that turns into a nuisance. Mr. Norris replied, "It is against the law
and I do not want to be fined as a business that is propagating it. People sit on the
fence now and drink. I don't know where they get it. Public consumption does exist
there now but it is not a huge problem. If a family comes with a cooler and they start
to drink, it is incumbent upon me to tell them to put it up but I do not know what I can
do beyond that. This common area is to be Wrightsville Beach's and we are the
custodians. We even thought about giving the land to the Town." It was suggested
that signage could be put up inside that says no smoking and no alcohol.
JUNE 25, 2009- PAGE 5
Alderman Miastkowski stated that after January 1, 2010, it will be illegal to
smoke inside a restaurant. He asked if that would apply to the outside. Mr. Norris
stated that he was not sure. He said, "I have seating there already, on my seven and
a half feet, and I was going to take that out and put picnic tables in if we can craft the
language to allow that; if not, I would like the existing seating back."
Mr. Jim Smith, 8 Channel Avenue, stated that he thought all of the merchants
that were present were very responsible. He suggested that the Board could review
this in a year or two, continue to monitor, and place a condition to renew if it has not
become a problem because smoking, drinking and noise could become problems. He
said it was a wonderful idea if it works.
Mr. Wessell said he was not sure the enabling legislation gives the Town the
authority to allow a conditional use permit for "x" amount of time but the Board can put
conditions and revoke if violated. He noted that if they have an ABC permit that allows
alcohol in that space, the Town's authority to regulate alcohol is null. Chief Carey
stated that the parking lot behind Lagerheads is part of their on-premise permit and
people can stand out there and drink. He said he has not seen Vito's permit but if
they have included that 7.5 feet to the property line, then they can do it.
When Mr. Norris suggested inclusion of language that says it would be
breaking the conditional use permit if drinking occurs, Mr. Wessell said the ABC laws
overrule Town authority for that. Mr. Norris stated that it was his understanding
regarding outdoor seating that once you add the caveat of seating, you have to have a
fence for alcohol unless it is grandfathered in like Lagerheads. He said ALE requires
you to enter through the building and come out on the patio and it has to be fully
enclosed. He noted that they were putting in that it has to be open because of the
waterline.
Mayor Whalen said, "You both have stated that it is not your intent that alcohol
will be served. I hope we can trust that that won't happen. It would not reflect well on
the Merchants Association. We have some reliance that you guys will watch that and
manage it." He then asked Fire Chief Frank Smith if he could work with them on this
and Chief Smith said, "Yes, there are noncombustible materials available so they can
do what they want to do. Just applying fire retardants does not work because it goes
away in the weather. This is an extension of occupancy so it has to meet occupancy
rating. You cannot take lattice work from the lumber yard but it can be done."
Mayor Whalen asked Chief Smith and Mr. Wilson to work with both applicants
for a compromise that would satisfy them and the Town.
Mr. Norman Akel, 22 North Lumina Avenue, referenced the proposed bollards
and asked if they could use a type of bollard that can be disabled to get vehicles in if
necessary. Chief Smith stated that bollards can be permanent or fastened to the
ground with a pin so it can be removed.
Mr. Wessell asked if the Board wanted bollards at both ends and Mayor
Whalen replied, "Yes, four of them."
Mayor Pro Tem Blair requested a condition for a 10-foot waterline access
easement. Alderman Cignotti requested language in case either party backs out.
MINUTES -BOARD OF ALDERMEN
JUNE 25, 2009- PAGE 6
Mr. Wessell said, "To the extent there is required parking for either of the uses,
you are waiving that parking." Following a brief discussion regarding lighting and
signage, Mr. Wessell asked if the Board was going to allow the pergola to be in there
consistent with the photo that was presented. Mayor Whalen suggested language
like, "on approval of the Planning and Fire Departments." Chief Smith said he would
come up with some language. He said this is a Primary Fire District and cannot have
combustible materials by ordinance.
When asked about the number of tables and chairs, Mr. Norris said the space
is limited and he plans to custom build 5-foot picnic tables and leave a 5-foot walkway.
With no further input from the public, the hearing was closed at 6:55p.m.
Mr. Wessell asked about the concerns expressed earlier about what happens if
one owner backs out. He noted that Mr. Norris said if the other side backs out, he
wants to continue to use what he has and he wants to continue to have tables. He
suggested that they could be allowed to continue on their property and continue to put
three tables on their side. Mr. Wessell stated that before a permit is issued, the
owners will have to sign a waterline easement and it will be on record. He said the
Board could have that as a condition.
Mayor Whalen made the motion to grant the conditional use permit to Cafe Del
Mar for use of the common alley with the following conditions: 1) that they have trash
containers; 2) that they maintain four bollards - two on the west end of the 15x23'
designated area and two on the east end; 3) that there shall be an easement of at
least ten feet for the Town for the waterline; 4) that a pergola will be allowed in the
area that meets the Fire Code of the Town of Wrightsville Beach; 5) that we waive the
parking requirement to the extent it is in the 23-foot area in question; 6) that there is
signage indicating that this is a no alcohol and no smoking area; 7) that the property
owner is responsible for maintaining the area in a clean and orderly fashion; and 8)
that if one side discontinues use, the other side can continue to use their side. The
motion was seconded by Alderman Weeks and unanimously approved.
Mayor Whalen then made the motion to grant the conditional use permit to
Vito's for use of the common alley with the following conditions: 1) that they have trash
containers; 2) that they maintain four bollards - two on the west end of the 15x23'
designated area and two on the east end; 3) that there shall be an easement of at
least ten feet for the Town for the waterline; 4) that a pergola will be allowed in the
area that meets the Fire Code of the Town of Wrightsville Beach; 5) that we waive the
parking requirement to the extent it is in the 23-foot area in question; 6) that there is
signage indicating that this is a no alcohol and no smoking area; 7) that the property
owner is responsible for maintaining the area in a clean and orderly fashion; and 8)
that if one side discontinues use, the other side can continue to use their side. The
motion was seconded by Mayor Pro Tem Blair and unanimously approved.
Mr. Wessell stated that there is an existing easement for use by the public for
passage through there and everyone needs to understand that the public has the right
to do that. When asked about the fences, he said perhaps the easement behind the
fence may be lost but this one is open and the easement still exists.
'
'
PLANNING AND PARKS • 321 CAUSEWAY DRIVE • P.O. BOX 626
WRIGHTSVILLE BEACH, N.C. 28480 • 910-509-5019
PLumlng and Puks
MEMORANDUM
To:
Mayor Whalen and Members of the Board
From:
Tony Wilson, Planning and Parks Director ltV
Date:
June 18, 2006
Re:
Vito's Pizzeria -Conditional Use Permit to Convert the Alley between
6 and 8 Lumina Avenue into a Common Sitting Area.
cc:
Robert Simpson, Town Manager
File
Background:
On May 6, 2009 Keith Norris, on behalf of Vito's Pizzeria, submitted a Conditional Use
Permit Application to convert the alley between 6 and 8 North Lumina Avenue into a
common sitting area for patrons. This area is zoned C-1, Commercial District and is a
Primary Fire District. The structure located at 8 North Lumina Avenue is two-stories with a
masonry facade.
Current Use:
Vito's Pizzeria at 8 North Lumina Avenue is permitted as a standard restaurant through a
Conditional Use Permit dated Apri123, 1987.
Proposed Use:
The alley is 15 feet wide and the common area will be 23 feet deep from the Lumina
Avenue entrance. According to the map provided trellises will be placed at the corner of
each building acting as a partial barrier between the sitting area and sidewalk. Once the
four trellises are installed, the entrance to the sitting area will be 9 feet wide. The area will
include picnic tables with umbrellas and greenery to enhance the appearance of the area.
Ground cover will remain gravel.
In the Conditional Use Permit Application submitted on behalf of Vito's Pizzeria the
description of the common area (located on page 5 of the CUP Application) differs from
the drawing in that the opening between the trellises will only be 6 feet wide instead of 9
feet.
Parking:
Vito's Pizzeria is required to provide at the minimum of 10 parking spaces. They are
currently able to provide 9 spaces in the lot directly behind the building. Ingress to the
parking area behind Vito's is located off of Stone Street and egress is onto Oceanic
Avenue. Vehicles may also use the alley to gain access to the parking. In a Conditional
Use Permit dated January 9, 2002 for Vito's and Sweetwater Retail Shop it is stated in
section 9 (e):
(4) The private alley bordering the south property line shall be kept unobstructed to
provide access to parking.
Departmental Review:
Police: No Comment
Fire: Must comply with the following comments:
1. Since the seating area would be considered an Assembly Occupancy and it is
located in a Primary Fire District, the proposed walls/lattice work/trellis would
have to be of non-combustible construction.
2. Eliminating vehicle traffic in this alley would enhance public safety; however, the
walls shown are not sufficient to protect patrons in the seating area from vehicle
traffic. Traffic bollards (or "posts") would be required at each end of the alley.
3. All lighting and electrical wiring would need to comply with the applicable
provisions of the electrical code.
Planning: Planning staff has no issues with the common sitting area as long as
improvements meet Building and Fire Codes.
Public Works: No Comment
Parking: Suggests considering some sort of drainage mechanism for the condensation
from Vito's air conditioning unit.
2005 CAMA Land Use Plan:
The request to convert the alley between 6 and 8 North Lumina Avenue into a common
sitting area for patrons is consistent with the following 2005 CAMA Land Use Plan
policies:
Policy 5.1.A.1 Central Beach Area: The central beach area extends from Stone
Street on the south to Mallard Street on the north. This centrally located area is one of
the most self-contained sub-areas of Wrightsville Beach, having a good range of
services close at hand. While the area is characterized by a predominance of traditional
single family and duplex cottages, it also contains the Town's traditional central
business district, a church and Johnnie Mercer's Fishing Pier.
The central beach area is one of the most pedestrian friendly sections of the beach with
heavy foot traffic on sidewalks and considerable on-street bicycling. Off-street parking is
limited while on street parking is heavily used.
Policy 9.1.A.4: Downtown Area: The Town supports the continuation of a commercial
downtown area to encourage a "village type" atmosphere with the appropriate local
businesses.
Applicable Sections of the Zoning Code:
§ 155.060 OFF-STREET PARKING; REQUIREMENTS.
There shall be provided at the time of the erection of any building, or at the time any
principal building is enlarged or increased in capacity by adding dwelling units, guest
rooms, seats, or floor area, permanent off-street parking space in the amount specified
by this section. Such parking space may be provided in a parking garage or properly
graded open space that complies with the standards for parking established in this
subchapter.
(A) Certification of minimum parking requirements. Each application for a building
permit or certificate of zoning compliance submitted to the Zoning Enforcement Official
2
4.
5.
6.
7.
8.
9.
That the exterior architectural appeal and functional plan or any proposed structure
will not be so at variance with either the exterior architectural appeal and functional
plan of the structures already constructed or in the course of construction In the
immediate neighborhood or the character of the applicable district, as to cause a
substantial depreciation in the properly values within the neighborhood.
That adequate utilities, access roads, parking, drainage and necessary facilities
have been or are being provided.
That adequate measures have been or will be taken to provide ingress and egress
so designed as to minimize traffic congestion in the public streets.
That the conditional use shall, in all other respects, conform to all the applicable
regulations of the district in which it is located.
Public access shall be provided in accordance with the recommendations of the
Town's Land Use Plan and Access Plan and/or the present amount of public
access and public parking as exists within the Town now. If any recommendations
are found in conflict, the system requiring the greatest quantity and quality of public
access, including parking, shall govern.
That the proposed use be consistent with the recommendations and policy
statements as described in the adopted Land Use Plan.
Advertisements:
The legal advertisement announcing the June 2, 2009 Planning Board Public Hearing
concerning a Conditional Use Permit Application to convert the alley adjacent to 8 North
Lumina Avenue into a common sitting area ran in the Star News on May 22, 2009. The
announcement for the June 25, 2009 Board of Aldermen Public Hearing ran for two
consecutive weeks on June 15, 2009 and June 22, 2009 in the Star News.
Staff Summary:
This request is consistent with the 2005 CAMA Land Use Plan and the Town Zoning
Code. Provided that the applicant meets all Local, State and Federal requirements, staff
recommends that the Board of Aldermen consider granting Vito's Pizzeria a Conditional
Use Permit for the proposed common sitting area.
Planning Board Recommendation:
At the June 2, 2009 Planning Board meeting members discussed the proposal to
convert the alley between 6 & 8 North Lumina Avenue into a common sitting area. The
Planning Board made a favorable recommendation to the Board of Aldermen for a
Conditional Use Permit Application request to convert the alley adjacent to 8 North
Lumina Avenue into a common seating area. The Planning Board also made the
following suggestions for the Conditional Use Permit:
1. On-site trash containers must be provided by applicant
2. Applicant must maintain the cleanliness of the common area
3. Any improvements to the common area must comply with the Fire
Department's recommendations.
Planning Staff Recommendation:
Planning staff recommends that the Board of Aldermen grant Vito's Pizzeria a
Conditional Use Permit for the proposed common sitting area.
4
Planning and Parks
June 15, 2009
Dear Propetiy Owner,
Board of Aldermen Public Hearing
June 25, 2009 at 6:00 p.m.
Council Chambers of Town Hall
321 Causeway Drive, Wrightsville Beach, NC
You are hereby notified that the Wrightsville Beach Board of Aldermen will hold a public
hearing on June 25, 2009 to consider a Conditional Use Permit to allow Cafe Del Mar and
Vito's Pizzeria to convert the alley into a common sitting area. The property is located
between 6 and 8 North Lumina Avenue.
The Board of Aldermen may consider substantial changes to the proposals as a result of
objections, debate and discussions during the public hearings. For additional information,
contact Eryn Moller at 509-5019 ext. 204, Monday- Friday, 8:00a.m. to 5:00p.m.
Thank You.
Irv Freedland
7231 Airlie Place Road
Wilmington, NC 28403
Charlie Maulsby
· 5 N. Lumina Ave
Wrightsville Bch, NC 28480
Bernard Carroll
11 N. Lumina Ave
Josh Vach
5410 Oleander Drive
ghtsville Beach
•ar Drive
~f.SPO$):
Beach, NC 26460
1t
* * z1!rl«Z4c-~
r~.,;
:o--i
..;;;;.____,:....._n
~~
~r-7 ~
107
!:)
~P8970181
·1365$QQ .. 42UNAY 08 0
7 E\ 3 3 MAILED FROM ZIP CODE 2 8 I; 0
Sweet Water Surf Shop
Attn: Jim Skiba
10 N. Lumina Ave
t
King Neptune's
Attn: Reggie Barnes
11 N. Lumina Avenue
1 Lauseway vnve
;ville Beach, NC 28480
Attn: Erin
Keith Norris
105 Trail in the Pines
0
J
.J
MAILCU rnVIYI Llt' VVVC
t:..
0
""!' U
.J
Public Notice
The public will take notice that the Wrightsville Beach Board of Adjustment will meet at
5 p.m. on Thursday, June 25, 2009 or as soon thereafter, in Town Hall Council
Chambers, 321 Causeway Drive, Wrightsville Beach, N.C., to consider the following:
•
A Variance request to §151.065-§151.088 of the Town of Wrightsville Beach
Flood Ordinance for 725 Schloss Street
The public will take notice that the Wrightsville Beach Board of Aldermen will meet at.§
p.m. on Thursday, June 25, 2009 or as soon thereafter, in Town Hall Council
Chambers, 321 Causeway Drive, Wrightsville Beach, N.C., to consider the following:
•
•
•
A Conditional-Use Permit Application request for 22 N. Lumina Avenue, to allow
business owners in the C-1 District to rent parking spaces to the public.
A Conditional-Use Permit Application request to convert the alley next to 6 N.
Lumina Avenue into a common seating area.
A Conditional-Use Permit Application request to convert the alley next to 8 N.
Lumina Avenue into a common seating area.
Planning and Parks
MEMORANDUM
To:
Madam Chairman Rosbrugh and Members of the Planning Board
From:
Tony Wilson, Planning and Parks Director
Date:
May 26, 2006
Re:
Vito's Pizzeria - Conditional Use Permit to Convert the Alley between
6 and 8 Lumina Avenue into a Common Sitting Area.
CC:
Robert Simpson, Town Manager
File
7ft/
Background:
On May 6, 2009 Keith Norris, on behalf of Vito's Pizzeria, submitted a Conditional Use
Permit Application to convert the alley between 6 and 8 North Lumina Avenue into a
common sitting area for patrons. This area is zoned C-1, Commercial District and is a
Primary Fire District. The structure located at 8 North Lumina Avenue is two-stories with a
masonry facade.
Current Use:
Vito's Pizzeria at 8 North Lumina Avenue has been permitted as a standard restaurant
through a Conditional Use Permit dated April23, 1987.
Proposed Use:
The alley is 15 feet wide and the common area will be 23 feet deep from the Lumina
Avenue entrance. According to the map provided trellises will be placed at the corner of
each building acting as a partial barrier between the sitting area and sidewalk. Once the
four trellises are installed, the entrance to the sitting area will be 9 feet wide. The area will
include picnic tables with umbrellas and greenery to enhance the appearance of the area.
Ground cover will remain gravel.
In the Conditional Use Permit Application submitted on behalf of Vito's Pizzeria the
description of the common area (located on page 5 of the CUP Application) differs from
the drawing in that the opening between the trellises will only be 6 feet wide instead of 9
feet.
Parking:
Vito's Pizzeria is required to provide at the minimum of 10 parking spaces. They are
currently able to provide 9 spaces in the lot directly behind the building. Ingress to the
parking area behind Vito's is located off of Stone Street and egress is onto Oceanic
Avenue. Vehicles may also use the alley to gain access to the parking. In a Conditional
Use Permit dated January 9, 2002 for Vito's and Sweetwater Retail Shop it is stated in
section 9 (e):
(4) The private alley bordering the south property line shall be kept unobstructed to
provide access to parking.
Applicable Sections of the Zoning Code:
§ 155.060 OFF-STREET PARKING; REQUIREMENTS.
There shall be provided at the time of the erection of any building, or at the time any
principal building is enlarged or increased in capacity by adding dwelling units, guest
rooms, seats, or floor area, permanent off-street parking space in the amount specified
by this section. Such parking space may be provided in a parking garage or properly
graded open space that complies with the standards for parking established in this
subchapter.
(A) Certification of minimum parking requirements. Each application for a building
permit or certificate of zoning compliance submitted to the Zoning Enforcement Official
or provided for in this subchapter shall include information as to the location and
dimensions of off-street parking and the means of entrance and exit to the space. This
information shall be in sufficient detail to enable the Zoning Enforcement Official to
determine whether or not the requirements of this section are met.
(B) Combination of required parking space. The required parking space for any
number of separate uses may be combined in one lot but the required space assigned
to one use may not be assigned to another use. However, one-half of the parking
space required for churches, theaters, or assembly halls whose peak attendance will be
at night or on Sundays may be assigned to a use which will be closed at night or on
Sunday mornings until12:00 Noon.
(C) Parking Standards.
(4) Parking required for uses in districts zoned commercial may be provided
within 400 feet of the main entrance to the principal use and located in any
commercial zone if the required off-street parking cannot be reasonably provided
on the same lot on which the principal use is located.
(D) Off-street parking requirements per land use. The following off-street parking
space shall be required and shall conform to the standards contained in Figure 1 of this
section.
Uses - Required Off-Street Parking
Restaurants and places of entertainment - One parking space for each four
persons as
stated on the maximum-posted occupancy placard plus one additional parking
space for
each two employees on the largest shift.
(E) Exception in parking requirements. The Board of Aldermen may grant an
exception in off-street parking requirements for the alteration or conversion of an
existing building in commercial districts after a finding by the Board of Aldermen that:
(1) The proposed use is directed primarily toward pedestrian trade existing in the
area.
(2) The character of existing development or properties within 400 feet prohibits
the acquisition of land for parking.
(3) That one parking space for each two employees shall be provided. An exception
to this standard may be granted for mixed use development as provided in this section.
2
Departmental Review:
Police: No Comment
Fire: Must comply with the following comments:
1. Since the seating area would be considered an Assembly Occupancy and it is
located in a Primary Fire District, the proposed walls/lattice work/trellis. Would
have to be of non-combustible construction.
2. Eliminating vehicle traffic in this alley would enhance public safety; however the
walls shown are not sufficient to protect patrons in the seating area from vehicle
traffic. Traffic bollards (or "posts") would be required at each end of the alley.
3. All lighting and electrical wiring would need to comply with the applicable
provisions of the electrical code.
Planning: Planning staff has no issues with the common sitting are as long as
improvements meet Building and Fire Codes.
Public Works: No Comment
Parking: Suggests considering some sort of drainage mechanism for the condensation
from Vito's air conditioning unit.
2005 CAMA Land Use Plan:
The request to convert the alley between 6 and 8 North Lumina Avenue into a common
sitting area for patrons is consistent with the following 2005 CAMA Land Use Plan
policies:
Policy 5.1.A.1 Central Beach Area: The central beach area extends from Stone
Street on the south to Mallard Street on the north. This centrally located area is one of
the most self-contained sub-areas of Wrightsville Beach, having a good range of
services close at hand. While the area is characterized by a predominance of traditional
single family and duplex cottages, it also contains the Town's traditional central
business district, a church and Johnnie Mercer's Fishing Pier.
The central beach area is one of the most pedestrian friendly sections of the beach with
heavy foot traffic on sidewalks and considerable on-street bicycling. Off-street parking is
limited while on street parking is heavily used.
Policy 9.1.A.4: Downtown Area: The Town supports the continuation of a commercial
downtown area to encourage a "village type" atmosphere with the appropriate local
businesses.
Findings:
The Planning Board recommendation for this project is based on findings in
consideration of the general requirements. The requirements and findings are stipulated
below.(§ 155.025(E))
1.
2.
3.
That the establishment, maintenance, or operation of the conditional use will not be
detrimental to or endanger the public health, safety, or general welfare.
That the conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor diminish
or impair property values within the neighborhood.
That the establishment of the conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in
the district.
3
4.
5.
6.
7.
8.
9.
That the exterior architectural appeal and functional plan or any proposed structure
will not be so at variance with either the exterior architectural appeal and functional
plan of the structures already constructed or in the course of construction in the
immediate neighborhood or the character of the applicable district, as to cause a
substantial depreciation in the property values within the neighborhood.
That adequate utilities, access roads, parking, drainage and necessary facilities
That adequate measures have been or will be taken to provide ingress and egress
so designed as to minimize traffic congestion in the public streets.
That the conditional use shall, in all other respects, conform to all the applicable
regulations of the district in which it is located.
Public access shall be provided in accordance with the recommendations of the
Town's Land Use Plan and Access Plan and/or the present amount of public
access and public parking as exists within the Town now. If any recommendations
are found in conflict, the system requiring the greatest quantity and quality of public
access, including parking, shall govern.
That the proposed use be consistent with the recommendations and policy
statements as described in the adopted Land Use Plan.
Staff Summary:
This request is consistent with the 2005 CAMA Land Use Plan and the Town Zoning
Code. Provided that the applicant meets all Local, State and Federal requirements, staff
requests a favorable recommendation from the Planning Board to the Board of
Aldermen
Requested Action:
Planning staff recommends that the Planning Board make a favorable recommendation
to the Board of Aldermen if the proposed common sitting area complies with the
Departmental Reviews.
Attachments:
1. Conditional Use Permit Application and supporting documents
2. Conditional Use Permit dated April 23, 1987
3. Conditional Use Permit dated January 9, 2002
4
MAY 7
'
1987
.· ..
.~:
·• .' I
. e"''· '''i';','l'OWN ,,9J\ '.'IRIGHTSVILLE
ORDER·~~'l'ING
I.
• ; . -.~ .. :.:.:.;.:~·:.:·'. •
:~,;· .
• •· '
BEACH
A CONDITIONAL USE PERMIT
'1_:. :,\ .
• Board; ~.?,~:tlde~~en of the Town of Wrightsville Beach
a'. public\ h~·a;'irig\
on April 23, 1987 to consider the
<' ·t; ._::~~~:~1~~-. -~~ '
ubmitted ,by.j!,i·Edward' Lee Ancherico, a request for a
1 use p~i~i1'1J'~~8i-'~~e the property located at 8 North Lumina
ightsville 'B~'ach, N, C. and having heard all the evidence
presented at the hearing, makes the following Findings
the following Conclusions:
' ' '·.
'1
'
.. ·
It is the Board of Aldermen's Conclusion that the
proposed use does satisfy the first general requirement listed in the
Ordinance; namely, that the establishment, maintenance or operation
of
the conditional use will not be detrimental to or endanger the
,• .
public health, safety or general welfare,
-~-!·:O'~··h
'
F.ihdings
of
Fact
to·
support
this conclusion:
:: ....i. ~
A•. supply parking with egress and ingress improved.
B. Very similar cooking operation to previous occupant.
c. Have met all building and health codes,
. · ·' · 1.
·~·
1'
,',
•
• ''
•
D,.
E.
;;:,:•
It is the Board of Aldermen's Conclusion that the
proposed
use ...does satisfy the second general requirement listed in
.
' :' '. ' ;: ·: :·-~- )-,;;~-(~> '!
the ;,orqin~ncer 'namely, that the conditional use will not be injurious
-· ,_,.,
•..._-.: ·'
'· '
to .. ,~~~~~~~;e .and enjoyment of other property in the immediate vicinity
for 'th6.;::~purposes already permitted, nor diminish or impair property
·'values :Within the neighborhood.
~~
Findings of Fact to support this conclusion:
A. Increased overall appearances of premises.
B. Improved parking facilities to avoid traffic congestion,
'2.
l, •.•.•. : ._ '
::~'<'-lk.{:c.!;i;:-i··
c.
1. -~
•
·-
;,
--
,
.
'
.
•
•
'"
. . 3.
It is the Board of Aldermen's conclusion that the
proposed use ,does satisfy the third general requirement listed in the
ordinance; namely, that the conditional use will not impede the
normal. and orderly development and imp~oyement of the surrounding
proper~y,,for ~sea permitted ·in the distric't •
. ' -·t.' -:
' ;'
Findings .,of Fact to support this conclusion:
.-.
A.
B.
'
By improving parking, congestion has been minimized.
c.
D.
E.
4.
It is the Board of Alde.rmen' s conclusion that the
proposed use does satisfy the fourth ..general requirement listed in
the .ordinance; namely, that the exterior architectural appeal and
~~N;ptional
plan of any proposed strllcture will not be s.o at variance
with
either the exterior architectural appeal and functional plan of
t
.
the structures already constructed or in the course of construction
in the ·immediate neighborhood or the character of the applicable
dist~ict, as to cause a substantial depreciation in the property
values.within the neighborhood.
Findi~gs''i:6f::Fact
in support of this conclusion:
! • ,;,_.,(~~:,j_,;,~·A. MaJorimprovement has been made to the exterior and interior of
the buildin·g. ·
. B.. '. Building.~ll~'s~~'been. brought forward to meet all codes.
. ..... ' .
. ....,:::·:. .: ~:~:-.:.~.-:~_ -_-_c. -~-:~-.-;i.-t·~-i~~~?'~~~f~~~~.~~~~~.~~~~: ·?0I:~;-..;··- ..··: .;- -~ . .. .
''1
. •
. . ~. ·-: ·'····:-.,.,:.:
~ D
.
.,->: ... 1;\~lWfo!,lM\~, ..... , .. ,
:~~s~li·ffL4.'&~W~..,:tJ
.
:· ,._... -..
~
;J;/~-~~l'~·,:·>;! .
.·.
t<"Wi· .
••
· .;.:.·.Jr · , E :/}/'.'_:_·;~_: :; !. .,·_,:~- ~ ._.-:_·_.
: _·- - - - - - - - - - - - - - - \ : . - : : - - - - - - - - - - - - - - -
5.
proposed use does satisfy the fifth general,requirement listed in the
ordinance; namely, that adequate utilities, access roads, drainage
and/or necessary facilities have been or are being provided.
Findings of Fact in support of this conclusion:
A.
'· .
2
B.
C.
D.
E.
Redesign of parking lot to eliminate congestion.
Electrical, mechanical, building and health codes have been met.
proposed use does satisfy the sixth 9eneral requirement listed in the
ordinance; namely, that adequate measures have been or will be taken
to provide ingress and egress so designed as to minimize traffic
congesti~n in the public streets.
A.
See iS,
6.
B.
c.
D.
E,
7.
proposed use does satisfy the seventh general requirement listed in
the ordinance; namely, that the conditional use shall in all other
respects, conform to all the applicable regulations of the district
in which it is located.
A. Have met with planning board and Public Works and are in
compliance with the regulations of the district,
B.
c.
D.
E.
.·.·.,·
proposed use does satisfy the eighth general requirement listed in
the ordinance; namely, that public access shall be provided in
accordance with the recommendations of the Town's Land Use Plan and
Access Plan and/or the present amount of public access and public
parking as exists within the Town now.
B.
3
A. The parking spaces in lot behind building.
B. To improve egress and ingress.
c.
D.
E.
r·•
9.
Therefore, because the Board of Aldermen concludes
that all general and specific conditions precedent to the issuance of
a Conditional Use Permit have been satisfied, IT IS ORDERED that the
application for the issuance of a Conditional Use Permit be granted,
subject to the following conditions:
(a)
That applicant shall fully comply with all of the
specific requirements stated in the ordinance for the
proposed use, as well as any additional conditions
stated below.
(b)
That if any section, subsection, paragraph, sentence,
clause, phrase or portion of this Permit is for any
reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be
deemed severable and such holding shall not affect the
validity of the remaining portions hereof.
(c)
That the project shall be developed in accordance with
the plan as submitted and approved •
(d)
That this Conditional Use Permit shall comply with all
other supplemental regulations and requirements
imposed by the Zoning Ordinance or any other
applicable federal, state or local law, ordinance or
regulations.
In the event of a conflict, the more
stringent requirement or higher standard shall apply.
..
4
;..
'
I
~
He)
Other Conditions: This permit is issued on the
condition that the applicant continuously maintain
parking as required by applicable Wrightsville Beach
ordinances, In the event the applicant should lose or
not have available the required parking, this permit
shall be null and void,
Ordered this 23rd day of
Town flanager
The signatures of the applicant and property owner below
indicate that the applicant and property owner have received this
Conditional Use Permit together with all attachments. Any violations
of the stated conditions will render this Permit null and void. To
be valid this permit must be signed below by the applicant and owner
and returned to the Town Clerk's office within thirty (30) days of
the date of approval as indicated below. This Permit will expire six
(6) months from the date expiration begins as indicated below if
within that six-months period a building permit has not been granted.
The building permit will expire if construction is not commenced
within six (6) months from the date of issuance of the building
permit.
____
. : .;A:. :.P=.;r~=- 1·=- -=2. : .3.~. .,
...;;1:..::9..::.a..:....7_ _ _ _
~
a£J;i flu~
APPLICANT
Date of Approval
April 23, 1987
Date of Expiration Begins
Address
5
~··
..
).'<I
OWNER
2!JJ If
Address
··.. ··
,·
I>'
"'··~
- ~-
/"li
.,, . :
6
/1/.
c/cn,,cfM,,_;_)
(,Fd/f/fv./' tM<c{
t~''
. .
''
~'ll?,
'
I
USE PERMIT APPLICATION REVIEW
DITiONAL
.!
·:·
GHTSVILLE BEACH - DEPARTMENT HEADS
I
'•
April 2, 1987
COMMENTS
1.
RECOMMENDED CONDITIONS
Technical information on application is correct.
2. it is our information that the parking area shown is not
owned by the people who own the building. The lot will be leased
by the restaurant. we recommend that the parking lot be dedicated to the use of the restaurant and if the restaurant loses
the use of the parking lot the conditional use permit will become
null and void.
Proof of adequate parking should be submitted to
the Building Inspector on the anniversary date of the conditional
use permit on a yearly basis.
It should be clear that this
condition means th~he maximum number of seats allowed in the
restaurant will be~nd the maximuf number of people allowed on
the occupancy placard will be 36.
3. No dumpster ,site is shown on the plan. They will have
to provide a location and pad, approved by Public Works, to
provide for their solid waste.
Perhaps this business could
arrange to share a container and site with Wolber's Deli.
4. We need to know if they propose to pave the parking lot
but in any case we recommend that the parking spaces be clearly
marked as per ordinance requirements.
ORDER GRANTING A CONDITIONAL USE PERMIT
The Board of Aldermen of the Town of Wrightsville Beach having held a
public hearing on January 9, 1992 to consider the request submitted by James
Skiba for a conditional use permit for property located at 8 and 10 North
lumina Avenue (Vito's Restaurant and Sweetwater Retail Shop) ,to develop or
amend an existing development described as the redesign of the parking area
for Vito's Restaurant to allow the expansion of Sweetwater Retail Shop, and
having heard all the evidence and arguments presented at the hearing, makes
the following Findings of Fact and draws the following Conclusions:
1.
It is the Board of Aldermen's Conclusion that the proposed use
does satisfy the first general requirement listed in the Ordinance; namely,
that the establishment, maintenance or operation of the conditional use will
not be detrimental to or endanger the public health, safety or general
welfare.
(A)
The existing structure owned by James Skiba has been maintained to
all health and safety codes.
(B)
The expansion to the existing structure will be constructed in
accordance with State and local building codes.
(C) An independent dumpster pad and trash container will be provided
to eliminate the shared trash container with the businesses located
to the south.
-2-
2.
It is the Board of Aldermen's Conclusion that the proposed use
does satisfy the second general requirement listed in the Ordinance; namely,
that the conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already permitted,
nor diminish or impair property values within the neighborhood.
(A)
The expansion of the retail shop directly supports the viability and
continuation of the Down Town area.
(B)
The redesign of the parking area will diminish the number of parking
spaces adjacent to the residential area.
(C)
A small landscaped area will be added to the rear of the building to
provide visual improvement to the area.
3.
It is the Board of Aldermen's conclusion that the proposed use
does satisfy the third general requirement listed in the ordinance; namely,
that the conditional use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the
district.
(A)
The use of the property will not change to create an impact to the
growth of the surrounding area.
(B)
The surrounding properties have improved and developed within the
past five years as a result of the improvement of the existing
businesses in the Down Town area. Example:
Remodeling of the King
Neptune Restaurant, the old Barney's Beanery, and the establishment
of Seal's Photo Shop.
-3-
4.
does satisfy the fourth general requirement listed in the ordinance; namely,
that the exterior architectural appeal and functional plan of any proposed
structure will not be so at variance with either the exterior architectural
appeal and functional plan of the structures already constructed or in the
course of construction in the immediate neighborhood or the character of the
applicable district, as to cause a substantial depreciation in the property
values within the neighborhood.
(A)
The expansion of the structure will coincide with the existing
exterior which has not caused substantial depreciation in the
property values within the neighborhood.
5.
does satisfy the fifth general requirement listed in the ordinance; namely,
that adequate utilities, access roads, drainage and/or necessary facilities
(A)
The parking spaces will remain constructed of a marl material to
reduce stormwater runoff.
(B)
The existing utilities and access roads will remain unchanged as
a result of the expansion.
-4-
6.
does satisfy the sixth general requirement listed in the ordinance; namely,
that adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public streets.
(A) Access to the parking spaces is similar to the same access that is
provided by other adjoining properties within the area and the
Town as well.
7.
does satisfy the seventh general requirement listed in the ordinance; namely,
that the conditional use shall in all other respects, conform to all the
applicable regulations of the district in which it is located.
(A)
The expansion to the structure will comply with all state and
local building codes.
-5-
8.
does satisfy the eighth general requirement listed in the ordinance; namely,
that public access shall be provided in accordance with the recommendations of
the Town's Land Use Plan and Access Plan and/or the present amount of public
access and public parking as exists within the Town now.
N/A
9.
Therefore, because the Board of Aldermen concludes that all
general and specific conditions precedent to the issuance of a Conditional Use
Permit have been satisfied, IT IS ORDERED that the application for the
issuance of a Conditional Use Permit be granted, subject to the following
conditions:
(a)
That the applicant shall fully comply with all of the specific
requirements stated in the ordinance for the proposed use, as
well as any additional conditions stated below.
(b)
That if any section, subsection, paragraph, sentence, clause,
phrase or portion of this Permit is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed severable and such holding shall
not affect the validity of the remaining portions hereof.
-6-
(c)
That the project shall be developed in accordance with the plan
as submitted and approved.
(d)
That this Conditional Use Permit shall comply with all other
supplemental regulations and requirements imposed by the Zoning
Ordinance or any other applicable federal, state or local law,
ordinance or regulations.
In the event of a conflict, the more
stringent requirement or higher standard shall apply.
(e)
Other Conditions:
(1)
The site plan described as "Sweetwater Surf Shop"
prepared by John Stirewalt, AlA, shall be revised
to include the following:
Four feet shall be
deleted from the south end of the proposed
expansion to the structure and parking spaces
numbered four through eight shall shall be expanded
to a depth of 22 feet.
(2)
The property owner shall provide a revised site
plan to the Building Inspections office showing
the changes as described in (e)(l) above before any
building permits are issued.
(3)
Two parking spaces shall be reserved and marked for
the apartment above Sweetwater Retail Shop.
( 4)
The private a11 ey bordering the south property 1i ne
shall be kept unobstructed to provide access to
-7-
0rde red t hi s
_9_,_V--t_'a ay
0f
_n_,_-,f-=-{Uyv"----'-'-t"'L"'CL"'-/-'-'1G"-',----2-' 19
7
~
f :.f.-.
Frances L. Russ, Mayor
Linda Askew, Town Clerk
The signatures of the applicant and property owner below indicate
that the applicant and property owner have received this Conditional Use
Permit together with all attachments.
Any violations of the stated conditions
will render this Permit null and void.
To be valid this permit must be signed
below by the applicant and owner and returned to the Town Clerk, P. 0. Box
626, 321 Causeway Drive, Wrightsville Beach, NC 28480.
This Permit will
expire six (6) months from the date of approval as indicated below if within
that six-months period a building permit has not been obtained or an extension
of the Conditional Use Permit has not been granted.
The building permit will
expire if construction is not commenced within six (6) months from the date of
issuance of the building permit.
-8-
JANUARY 9, 1992
JOHN STIREWALT
Date of Approval
A
2030 EASTWOOD ROAD
SUITE 7
JULY 9, 1992
Date of Expiration
Address
JAMES SKIBA
<
311 FRIDAY DRIVE
Address
~w
D
{u.
2LL,_ 1b/r2
S1gned by Owner and
Applicant
l
I,
I
lI
G
r
I
J,
i )
<)
-
I
<
l.
t
0
APPLICANT INFORMATION
Property 01'"- -Jim Skiba
Owner Mail 311 Friday Drive
Telephone Nwnber
Z_~_:__'3_ZV........J(F[E~t:LX)KJ-_ __
+(W)YJLJ---------f.(l:J,H)I--_ _
Representative/Agent for Owner
(ATfACIIA!lTifORITY FORAPI'OiNilllENTOF AGENT)
Agent Address
TelephoneNwnber
(W):
tl/Q .{j,() (d7{(FQ ~
PROJECT INFORMATION
Address:
Al ;r;V
{Aft;
'ijt1---l1~'6
b_,._..,,,
~1
~ r..Jt:/1 vvfB.l':!
'Ij;:V b-t AR
Legat Address
.
.
.
Prl-Zt-.J?lA 1
I uU IJ, 14;=
Vrm~
tee-hi fJ
::ftt·ff'SO
..
\
(L6 NLUYVll JJAJ
(FAX)
=::-:--:-::"1--'----'---?_}-\-'-'-'---'.!'""'ci-"--"JJU""-'-'U""-'
1 A:_,___ _ _ __
(Book and P~tge as reoordcd nt tho New Hanover County Registrar of Deeds Office)
PROPOSED PROTECT
/
Y.I?-Wi
Describe project and use.
fA?~ Cf PrtA.--C.. V
Proposed Construction Dat(clli
Estimated Completion Date
State Primary Street Frontage
"ID T-ixr A Tt\Dt
FoiZ--- A. Il-l .
COI~Ifi:.F'.
f::;f;-,
f
uJ
PI\..(
A~1f:rrefi W.kNt-;;f.£7?01Jt,E or
ltz.--DEE'nlt:Ji
1 _ . 1 VVBa.-0
c
(name)_-----'t-"B"----'fi--"/k~/1:~?/..L.-_ _ _ _ _ _ _ _ _ __
Conditional Use Pcnnh Aoolicntion 09/04/01
Pnec 2 of9
APPLICANT lNFORMA TION
Property Owner
.
0, ;::-o,££o ore\ 8J . ~--af\b
\--\1 I IS't'o\2.0 \Z.ca::::l .
.-1::\1\m\CljbO, cc, 7?A05
(>il 4
Owner Mailing Address
Telephone Number
JW'A\D·2FlO -~ CHJ91Q-7lQA- WZ.l (FAX)
Representative/Agent for Owner
,
\cxs~
'£22 "\,t(:b
(ATTACH AUTHORITY FOR API'OlNTMENT OF AGENT)
Agent Address
Telephone Number
fi\\0 0\f'Ocd? e.. ()2..\I.JE
(W)9 lo-a:::\''5:1 ffi5
(F AXB 10- 39'5-CI.. OZL.o
CH)
PROJECT INFORMATION
Legal Address : . , - . , . - - · - - - , - - - - c - - - - - - , - - - - - (Book and Page os recorded at the New Hanover County Registrar of Deeds Otlicc)
Proposed Constmction Date
Estimated Completion Date
{Jf; fvon 0.0 ~J
{j WJ p1(, ct d~~ Cl-8-lf
State Primary Street Frontage (name)
ConLiitiona! Usc Pcnnit Application 09/04/01
\Quhrv-tffi_\L df20
.
.
6\zvvh ~ cJ .
*w
t Wf.et_ Shep
Pnge 2 of9
'
'
.
j:
i•
Zoning District of Site
Proposed Use
ZONING INFORMATION
_ . 1 _ __ _ _
1
I
I
.I
:.._tJ_,D"-----''--
Does this project require rezoning?_ _
D I \J \ ~ IS) [
'
Total Lot Square Footage
(Eg)
I
:~
Dimensions of Principal an~ Acce$sory Buildings
I
.I
I
ElevationofALLStruc~' !. C:ltJoMJJP /.A3\1?L
t I \l 0eN ~ llz-0 I UUBt28UJ10
ofPr~~ipal ·Structure
1
Total Square Footage
[
II :. • /
..
I
Total Square Footage of A~~ Structures
Parldng Space
'l__t; & l ~
I
NO ''011?--V011U26 "
r;:::..;"l 11
----'=-J-'_1_ _ _ _ _ _ _ _ __
:
'
Patking Spaces On Site
1
47'1 PIUS~ Tlt-'f)/J3 (JJ/
: •
(T~TAL) $-
0~1').r
MW ~ (J)Y20~ TlitJr2t
(Hanilica1ped)
MJ
(Standard)
AD~
Dimension~~ Isl1 Separation
Describe Provisions for If:;.
i ruJ.I:d Egress of Site
I
CVb-N !I! 0172{;;e(
~
UJ I !IJ
,,
I
r ,
STGNAGE
Describe (fully) All Prop~.··. SiJs
~ for this Project (Dimensions, Heights, Construction
Materials and Location
b~ Provided):
Mljisi
1'.
'p '
"
.
Conditional U~ Penult Aunlication 09/0-4/01
Pm~eJ
of9
ltW3Y
Ip.! ,'
'
I
I
r
:H1'/F01lMATION FOR DEPARTMENTAL REVIEW
1'
Iil
EIRE PROTECT!ON
'
J
I
Fire Protection - Constructigrt
CiaJsification
I·
:
Describe (fully) Fire
Protec~on P1~visions Provided in the Project:
:i.
~
Fire Flow Requirements
CttlJ]J)}'2:
I
J\1M/\/
.,
!:
'
POIJCEREQIJTREM~I
'.
,
l7ktBNBUV21-h/12S
JOb {)f§N 1Jf VV /ftpfter~11~
W\ W WbYIJ hll 1£
.&. 1
fY {J
jJ)
Desciibe Any Special or Uffusual ~olice Protection Requirements:
Alli?'J~Bq~
tw
U6t:~
1th6 WM:IV6·HDULD !ho
IN 1tl vrn \JbJ lrPen::t&NA!tN5 l N-rD /A:LiJ2f 1 rut CF ~
STQRMWATRR
j
I!
i
j:
'
/i . I
Describe any connections tq ro~ drainage systems
!'
1:
WATER REQIIIREMENTS
.
Maximum Estimated WatJ bemloo GPD
I, .
:
I' ,
.
Calculations
----:,:;'-+:-+,- - - - - ¥ - - - - - - - - - - - - - - - -
Water Main Size Availabljjat Si~
11'
SEWER REQIIIREMENJJS!
Maximum Estimated
Calculations
SOTJD WASTE
'
I
Sew~~~ Dis~osal GPD --"'fL------1'
'
i·
'
1
REQITTR~
Maximum Solid Waste
D~~~sal ~cubic yards) Per Day_Fr------'; Calculations¢---
Size and Location ofDum~ster PJd
Conditional Use Petmi: Aorlhcalion 09/04/01
!.ANDSCAPING
I
I. RATTACHMENTS REQUIRED WITH APPLICATION
I
(b)
(c)
. E::J.J/
(d)
Lb;IJ~~s
That the exterior ar hitectural appeal and functional plan or any proposed structure will not be so
at variance with e her the exterior architectural appeal and functional plan of the stmctures
already constructe 1 Ol' in the course of construction in the immediate neighborhood or the
character of the ap licable disttic~ _a to cause a substantial d predation in the ro erty values
within t e nei hbo · ood.
:.:::>
__
L \1\tCYL-~
- -!2_ _:
I
'
Condilionnt Uso Pennil Aoo$cation o9/04101
AND
~~
!Vr->1--.-------r\___,
,
Pl.:f;:;t':::>/ N t-==?
1\VD TO /J1&
r2-B
-~
.am, r! n 1. i/\11--ll{ft
· ..,
,/,v- .~ -r-._~-r---
Pa2c.
.
1
(e)
(f)
i
That adequate meas.
minimize traffic corl
(g)
shall, in all other respects, conform to all the applicable regulations of the
ted.
L(h)
J
Public access shall provided in accordance with the recommendations of the Town's Land Use
Plan and Access P and/or the present atnoUIIt of public access and pubiic parking as exists
within the Town n 1 • If any recommendations are found in conflict, the system requiring the
greatest (j!lantity
uality of public access, including
'
.
'12-=
II
(i)
I be consistent with the recommendations and policy statements as described
I
That the proposed
in the adopted Lan
~p n.,_~~rmr.r-,r..n~~~~~~--~~~-.
CO~
L/11l3N fTB/2-S oYTt:JF Tr~
~ f'trrerz 1~/L~
A site plan of the /r. posed project prepared by a professional engineer, registered land surveyor
or architect drawn · a scale of not less than one inch equals thirty feet (I "=30'). The site plan
~£~E~;::~£~:~ eJ1fJJ~i!!fiJln:;?E~:~~~~zf!;%~~~~~ !~~~~~;~~~
I
I
'
Conditionftl Use Pennit
APJh<htion 09/0-'i/OJ
Paee 6 of9
I.
~ap of the site with reference to sun·ounding areas and existing street
(I)
A ke i
(2)
lpcations.
: i!
The ; ~e and address of the owner and site plan applicant, together with the
name :<if the owners of all contiguous land and of property directly across the
street a~ishown by the most recent tax records.
(3)
Lot li ~dimensions.
(4)
Loca • 1~ of all structures, streets, entrances and exits on the site and on contiguous
pmp · ·and property directly across the street.
I
Loca'
of all existing and proposed structures, including their outside
•' :dimensions
and elevations.
I
1
•
I
(5)
I !,
'1n
..
;
(6)
(7)
(8)
I;
Buil :i ~ setback, side line, and rear yard distances.
i
.
All ~ Jting physical features including streams, water courses, dunes, existing
trees/ ~ter than one (1) inch in diameter measm'Cd six (6) feet above !,'I"'und
level~ #d significant soil conditions.
·
TopJ . ;phy showing existing and proposed contours at two (2) foot intervals. All
refe ; <;e bench marks shall be clearly designated.
I
(9)
P '. [loading, and unloading areas shall be indicated with dimensions, traffic
patt :' , access aisles and curb radii.
(I 0)
hnp f .fbments such as roads, curbs, bumpers, and sidewalks shall be indicated
(11)
storm water systems (note:
Wri' lfville Beach Zoning Ordinance § 155.005) , sanitary waste disposal
1
syste
water mains and appurtenances and methods of refuse disposal and
stoni bi
:J.[ss:ti:::esi::t::g :::~~:
811
I,
1
(12)
Lan · ·ping and buffering plan showing what will remain and what will be
plan, f indicating names of plants, trees and dimensions, approximate time of
p~ • g, and maintenance plans.
' I,I
I
(13)
I
'
Ligll · ' details indicating type of standards, location, radius of light, and intensity
in f~bf bandies.
1
(14)
i
~~n, dimensions, and details of signs.
:
J
! I~
(15)
'
i
(16)
,
No , llljrrow.
I
I
Pub~q
:access shall be provided in accordance \Vith the recommendations of the
To\iriS Land Use Plan and Access Plan and public parking as er.ists within the
Tovfi.*~ow.
Conditional Use Pennit
An~ i4;ion 09/04/01
'~ :'
Pngc 7 of9
(17)
A re9d ring or drawing of the proposed building shall be provided showing all
sides p the proposed structure.
·
The Town of Wrightsville ~~h will notifY adjoining property owners of presentation of this application to the
Planning Board and Board dfiA dennen. Adjoining property is all property contiguous and across the street from
the subject property. Please s bmit with your application two sets of plain letter sized envelopes, stamped (not
metered), unsealed and add
to the adjacent property owners as shown on the New Hanover County tax
listing and bearing the
•
of the Town of Wrightsville Beach. Attach a list of the adjoining property
owners to this· application. : bse also include two stamped, self-addressed cnve!o(les bearing the retum
address ofthe Town.
'
EEE
' '
The processing fee~ r a Conditional Use Permit application ls $400. A check payable to the Town of
Wrightsville Beach~ kt aecompany this application.
·
I
I
I
SIDNATITRE
accorh
Tilis signature.
i nies the application, fee, statement of standards and site plan which comprise the
Conditional Use Perl it Application to the Town of Wrightsville Beach.
**I understand
thn~ he fee. for this application is non-refundable.**
(Initial)
UJ furthermore certi~· tha.t I am authorized to gnmt and do in fact grant permission to Plnuniug
Staff and his/her! a entli to enter on the aforementioned lands in connedion with evaluating
ioformati l-elated to this permit"application.*•
(Initial)
0/lfo&l
Owner's Signature
Date
II.
'
.
I
origi~.
Amendments to the
•aL.i aapplication have been initialed and dated where they appear. This application
supercedes the original app~iftiort as signed and dated above.
:
I
i
i
!
I':
Condilionn1 Usc Pcmtit ADv1ichtion 09/M/01
PageS of9
Date
Ov.'ller's Signature
Representative/Agent
,I
I
!
I
Date
Date ofRe-Submission to Town
II
I
I
I
I
I
I
I
I
,,'I
il
Conditional Use Permit Aoo~ a, ion 09/04/01
j
Paec 9 of9
-r
I
,I
~-~~I
'
: !
'
Town of Vi'l'ightsville Bench
'
!I
'I
I
1&'1. (/ -1.~ ~
owner; 1--+-----'~C.L._L_"'''---""f"'{ ~r'l-"""------'
I
I
j'
I
The undersh:med
·c!:;·'_U.=: .~"- f i!LI·!. .l.:-J'l,~ :. J .!. .
...!<'.:::.:.___ _ _ _
_ ____y,Wu'
does hereby appoint
as his, her, or its exclusive agent for the purpose
~
i
~} rightsville Beach for approval of a Conditional Use Pennit, as applicable
I
'
to the property havidg the;~ dress of1J . f4" UJI'-~11~ k and described in the attached petition.
of petitioning the T4wn
I
,
I
I
·_\
!
'
'
The owner does he~by
'l
cd,v nant and agree with the Town of Wrightsville Beach that said agent has the
I
i
authority to do the f71Iowl~ acts for and on behalf of the owner:
(1)
T~~s bmi~ a proper petition and the 1-equired supplemental materials; and
(2)
T~!a
I
peat at public meetings to give representation lllld commitments on behalf
of}l owj1er; and
i
TQ!' ccept conditions or recommendations made for the issuance of the
Coh iti01\al Use Permit on the owner's property; and
(3)
(4) ! Tol.,ct Oil the owner's behalf without limitations with mgard to any and all things
di(e
tly or indirectly cotmected with or mising out of My petition.
I•'
I
I~
Tllis agency agreetjlent ~~II continue in effect until final disposition of the petition submitted in
?lt:'
•I
conjunction with this app~i tment
I
~
Date:
1!
olYitM· .'!I11
rj
f
~
.
v[Vfl''
R}~~~~ {\~·
i
/
vw~~\Y·
~~--;:-:--*::~-~~
•
;)~~·
vr\0·
Agent'sName,Address&Telephone:
w, w-itl .0'0\fYls
1c0
f(OvJ ur1
tM VIrns
w~Mn~
qro.~r-r. 04tb4~
I
'' If
vner is ~n indh ·dual, the O\\~ler (or all owners if there is more than one) must sign the
authorization.. If a ;corpo~ tion, print the name of the corporation and have signed by an authorized
officer. If a partnership,
the name of the partnership and have signed by an authorized partner.
!
ill
Mut
1
,I
J
:
'I
Condi:lonal Use Permit j\oalieation Q9 p4!01
.
I
I~ '
:! i
:
Pa.e 10of9
.
Towu of\Vdglttsvillc Beach
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner,
_ ___,b=-o..6...0.L.£'f..,.C..,£,_·~-.._A-'-'-._._.~'=-"-"L.8.._6_..Vz____,
does hereby appoint
--':J"'""'-6"~"";.,_h_,l..,.,_l<<-l..__,6.__w·~-'\v.J-<<.AA...Jc,__...~kL"\+---- as his, her, or its exclusive agent for the purpose
of petitioning the Town of Wrightsville Beach for approval of a Conditional Use Permit, as applicable
to the property having the address of~ ,
LJ WV\ \
1\o..~md described in the attached petition.
The owner does hereby covenant and agree with the Towi1 of Wrightsville Beach that said agent has the
authority to do the following acts for and on behalf of the owner:
( 1)
To submit a proper petition and the required supplemental materials; and
(2)
To appear at public meetings to give representation and commitments on behalf
of the owner; and
(3)
To accept conditions or recommendations made for the issuance of the
Conditional Use Pennit on the owner's property; and
(4)
To act on the owner's behalf without limitations with regard to any and all things
directly or indirectly connected with or arising out of any petition.
This agency agreement shall continue in effect until final disposition of the petition submitted in
conjunction with this appointment.
Date:
3 ~1)BI/oY.- ' - - - - - -
Agent's Name, Address & Telephone:
Df..
Wi.\Mrogbm, ~c.. JM03
'Yil D 0\w ode l\
9\o -39~-tsqs
* If the
owner is an individual, the owner (or all owners if there is more than one) must si1,>n the
authorization. If a corporation, print the name of the corporation and have signed by an authorized
officer. If a pmtncrship, print the name of the partnership and have signed by an anthodzed pmtner.
Conditional Use Pctmit Application 09/04/0 I
Page lO of9
Planning and Parks
May21, 2009
Dear Property Owner,
Planning Board Public Hearing
June 2, 2009 at 6:00p.m.
Council Chambers of Town Hall
321 Causeway Drive, Wrightsville Beach, NC
You are hereby notified that the Wrightsville Beach Planning Board will hold a public hearing
on June 2, 2009 to consider a Conditional Use Permit to allow Cafe Del Mar and Vito's
Pizzeria to convert the alley into a common sitting area. The property is located between 6
and 8 North Lumina Avenue.
The Planning Board may consider substantial changes to the proposals as a result of objections,
debate and discussions during the public hearings. For additional information, contact Eryn
Moller at 509-5019 ext. 204, Monday- Friday, 8:00a.m. to 5:00p.m.
Thank You.
Irv Freedland
7231 Airlie Place Road
Charlie Maulsby
5 N. Lumina Ave
Wrightsville Bch, NC 28480
Bernard Carroll
11 N. Lumina Ave
Keith Norris
105 Trail in the Pines
ightsville Beach
seway Drive
Beach, NC 28480
n:Erin
Josh Vach
5410 Oleander Drive
K
"J';
)If
¥({!'I
:::.~ 4•¥4''~FFP'
·163
::)~
~PB9701ti"l'
~ '
0
0
'
13 0 5 $ 0
_ U .. ~2
Fi .h. Y 0 g 0 9
7 8 3 4 MAILED FROM ZIP CODE 2 1J 4 0 3
Sweet Water Surf Shop
Attn: Jim Skiba
10 N. Lumina Ave
'>AI .............
3each, NC 28480
King Neptune's
Attn: Reggie Barnes
11 N. Lumina Avenue
Eryn Moller
From:
Sent:
To:
Cc:
Subject:
Frank Smith [[email protected]]
Wednesday, May 20, 2009 2:59 PM
'Eryn Moiler'
[email protected]; [email protected]; Heath, David (Heath, David)
RE: CUP Review - Common Area Between Vito's and Cafe Del Mar
Eryn,
I have reviewed the CUP application for the seating area between 6 & 8 N. Lumina Ave. with Deputy Fire Marshal David
Heath. We have the following comments.
-Since this seating area would be considered an Assembly Occupancy and it is located in a Primary Fire District, the
proposed walls I lattice work I trellis/ etc. would have to be of non-combustible construction.
-We concur that eliminating vehicle traffic in this alley would enhance public safety, however the walls shown are not
sufficient to protect patrons in the seating area from vehicle traffic. Traffic bollards (or "posts") would be required at
each end of the alley.
-All lighting and electrical wiring would need to comply with the applicable provisions of the electrical code.
EMERGENCY: 911
Phone: (910) 256-7920 Fax: (910) 256-7924
"Fire Sprinklers Save Lives!"
Sent: Thursday, May 14, 2009 10:15 AM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Cc: [email protected]
Subject: CUP Review - Common Area Between Vito's and Cafe Del Mar
Cafe Del Mar (6 Lumina Ave) and Vito's Pizzeria (8 Lumina Ave) have submitted a Conditional Use Permit
Application to convert the alley between these businesses into a common sitting area. This area would be
similar to that found between the Trolley Stop, Kohl's and South Beach Grill.
Please review and provide comment by Friday 15, 2009
1
II:
Cash keceipts Detail Report
Date: 05-14-2009
Current Operator:
Page:
1
7
Transaction Date:
Customer Name:
Account Number:
Transaction Type:
Receipt Number:
Payment Operator:
Description:
Transaction Amount:
05/14/2009
UITO' S PIZZERIA
99999
tliscellaneous
60089
7
cup 8 n lumina
400.00
-------------------Payment Amounts-------------------Cash:
.00
Check:
400.00
.00
Charge:
400.00
Amt Paid:
Amt Owed:
400.00
.00
Change:
----------------tliscellaneous Code DrkDwn---------------CAI1AUAR
UARIANCE/CAtiA/REZONE FEES
400.00
I
ESC Exit
r:s Aliqn
II F7 Print Screen I_F_S_Er_i_nt___,
F10 Save
II:
Cash
Date: 05-14-2009
Current Operator:
~eceipts
Detail Report
Page:
1
7
Transaction Date:
Customer Name:
Account Numbet·:
Transaction Type:
Receipt Number:
Payment Opet·ator:
Description:
Transaction Amount:
05/14/2009
UITO'S PIZZERIA
99999
11iscellaneous
60089
7
cup 8 n lumina
4011.110
-------------------Payment Amounts-------------------Cash:
.110
Check:
4011.011
Charge:
. 011
Amt Paid:
4110.1111
Amt owed:
400.1111
Change:
.110
----------------11iscellaneous Code BrkDwn---------------CAI1AIJAR
IJARIANCE/CAI1A/REZONE FEES
41111.00
I
ESC Exit
r~s L\liCJtl
II F7 Print Screen I_F_S_Er_;_i_nt___J
F10 .S.ave
Public Notice
The public will take notice that the Wrightsville Beach Planning Board will meet
at 6 p.m. on Tuesday, June 2, 2009 or as soon thereafter, in Town Hall Council
Chambers, 321 Causeway Drive, Wrightsville Beach, N.C., to consider the
following:
•
•
•
•
A Conditional-Use Permit Application request for 32 N. Lumina Ave., to
allow business owners in the C-1 District to rent parking spaces to the
public.
public.
public.
A Conditional-Use Permit Application request to convert the alley between
6 and 8 N. Lumina Ave. into a common seating area.

Eryn K. Moiler - Wrightsville Beach

Transcription

Similar documents

Save on Parking Expenses with TransitChek

Scanned Document - Covenant Health

Ref: SB0160 Sun and Mountains Near the Sea, Busot Alicante

Schottenstein Center

R:\UT_BLDGS\UTSA 1604 CAMPUS SITE PLAN

Ah-Nab-Awen Park - City of Grand Rapids

Directions to UCSD Extension K-12 Facility Located at: 6256

BRP Flyer - III_13-ENG.indd

2001 4118 Dawson Street, Burnaby