A/M - Town of North Topsail Beach

Town of North Topsail Beach
Mayor Daniel Tuman
Mayor Pro Tem R. Suzanne Gray
Aldermen:
Don Harte
Tom Leonard
Dick Macartney
Michael Yawn
Steve Foster
Town Manager
Carin Z. Faulkner, MPA
Town Clerk
ZONING BOARD OF ADJUSTMENT
July 19, 2012
6:30 p.m.
I.
Call to Order, Announcements and Petitions
II.
Adoption of Agenda
III.
Approval of Minutes, May 17, 2012
IV.
Public Hearing: Case V-12-01
V.
Public Comment
VI.
Adjournment
Notice to citizens who wish to speak: As a courtesy to others, a citizen speaking on an agenda item or making a
petition is normally limited to three minutes. Persons who are organizing a group presentation and who wish to
speak beyond the three minute limit are requested to make prior arrangements through the Zoning
Administrator's Office by calling 328-1349. If you wish to address the Board this evening, please go to the front
right corner of the conference room and sign up with the Recording Secretary. The Board may also change the
order in which agenda items are presented.
Attorneys: If you are representing a person with an interest in a quasi-judicial proceeding on this agenda and
believe you may wish to cross examine a witness, please identify yourself as such to the Recording Secretary. For
the sake of maintaining an accurate public record all speakers must be prepared to speak into an amplified
microphone and must provide their name to the Secretary.
2008 Loggerhead Court
North Topsail Beach, NC 28460
ntbnc.org
Page 1 of 19
Phone (910) 328-1349
Fax (910) 328-4508
Town of North Topsail Beach
Mayor Daniel Tuman
Mayor Pro Tem R. Suzanne Gray
Aldermen:
Don Harte
Tom Leonard
Dick Macartney
Michael Yawn
Steve Foster
Town Manager
Carin Z. Faulkner, MPA
Town Clerk
TOWN OF NORTH TOPSAIL BEACH
BOARD OF ADJUSTMENT
MAY 17, 2012
6:30 P.M.
PRESENT: RICHARD PETERS, ZUBECCA BOWMAN, DEBRA SWANTEK, HANNA
McCLOUD, MARIANNA HARNESS, WILLIAM BOWMAN- ALTERNATE, SUE TUMANALTERNATE, DEBORAH HILL- PLANNING DIRECTOR, TERRIE WOODLERECORDING SECRETARY
NOT PRESENT: PAUL DORAZIO- ALTERNATE
I.
CALL TO ORDER: Ms. Hill called the meeting to order at 6:30 p.m. in the North
Topsail Beach meeting room.
II.
INSTALLATION OF MEMBERS
RICHARD PETERS
SUE TUMAN (alternate)
DEBRA SWANTEK
ZUBECCA BOWMAN
HANNA McCLOUD
MARIANNA HARNESS
WILLIAM BOWMAN (alternate)
Mrs. Woodle swore in all of the above.
III.
ELECTION OF OFFICERS: Mrs. Swantek nominated Mr. Peters as Chairman.
Mrs. Tuman seconded the motion. Mr. Peters preferred not to be Chairman. Mr.
Peters nominated Mrs. Bowman as Chairman. Mrs. Harness seconded the motion,
motion passed unanimously. Mrs. Swantek nominated Mr. Peters as Vice
Chairman. Mrs. McCloud seconded the motion, motion passed unanimously.
IV.
ADOPTION OF AGENDA Mrs. Harness made a motion to approve the Agenda as
presented. Mrs. Swantek seconded the motion, motion passed unanimously.
V.
APPROVAL OF MINUTES, APRIL 21, 2011: Mr. Peters made a motion to
approve the minutes from April 21, 2011 as presented. Mrs. McCloud seconded
the motion, motion passed unanimously.
Page 2 of 19
VI.
PUBLIC COMMENT:
Mrs. Tuman opened the Public Comment.
McCloud seconded the motion, motion passed unanimously.
Mrs.
No one from the Public came forward.
Mrs. McCloud made a motion to close the Public Comment. Mrs. Harness seconded
the motion, motion passed unanimously.
VII.
ADJOURNMENT: Mrs. Harness made a motion to adjourn.
seconded the motion, motion passed unanimously.
Mrs. McCloud
The Board of Adjustment meeting adjourned at 7:04 p.m.
_______________________________
Zubecca Bowman
Chairman
Date____________________________
_______________________________
Terrie Woodle
Secretary
Date____________________________
Page 3 of 19
Town of North Topsail Beach Zoning Board of Adjusstment Item
m IV. Public Hearing: Ca se #V‐12‐011 Staff Report BACKGRO
OUND: Nathan aand Kimberlyy Fortlage are requestin
ng a variancee from UDO Art 5 Table 5‐1 Dimenssional Requirem
ments to allo
ow construction of a sin
ngle‐family ddwelling at 33003 Island Drive, Tax M
Map # 764‐8 (“tthe propertyy”). STAFF AN
NALYSIS: 1.
The propertyy was created from Lot N
No. 10 of thee Division off the Anthon
ny Rhodes B
Beach Laand as show
wn on a platt prepared by b K. E. Kooonce, Engineeer, in Marcch 1949, and
d not re
ecorded until 1961 (Exhiibit 1). 2.
The original lot, l bisected
d by Island Drive, D
was ssplit creatingg the curren
nt soundsidee and oceanside parcels by or b
before 1974 (Exhibits 2‐33). 3.
The propertyy is 1.226‐acrre of an acre
e or 53,398 square feet. It measurees approxim
mately 37.15 feet wide by 1456 ffeet deep (EExhibit 4). 4.
Although cur
A
rent elevatio
ons by a surrveyor or engineer woulld be more aaccurate, On
nslow County GIS indicates that the unde
eveloped prroperty is relatively levvel with a ggrade ch
hange of app
proximately 5 feet (Exhibit 5). 5.
A A portion of the properrty along Islaand Drive iss zoned MH
HR. The rem
mainder, which is bisected by M
Muddy Creekk, is zoned Con‐D (Exhib it 6). 6.
The lot width
h does not m
meet the minimum 50 ffeet required in MHR zo
oning districcts by North N
Topsail Beach Un
nified Development Orrdinance Arrt 5 Table 5‐1 Dimenssional Requirements (Exhibit 7). ment in respponse to thee five criteriaa for the granting 7.
The applicantt has submittted a statem
of variances. (Exhibit 8) s
thee site and th
he proposed
d 20’ x 70’ h
home 8.
The applicantt has submiitted plans showing lo
ocation (Exhibit 4) 9.
The plans me
eet all required setbacks required in MHR zoning districts by North To
opsail Beach Unifie
ed Developm
ment Ordinance Art 5 Table 5‐1 Dimensionaal Requirem
ments (EExhibit 7). 10.
Single Family Dwellings are permitted
d by right in MHR zoningg districts (EExhibit 9). 2008 Logggerhead Court North To
opsail Beach,, NC 28460 ntbnc.orgg
Page 4 of 19
Phone (910) 328‐‐1349 Fax (910) 328‐‐4508 CONCLUSIONS AND FINDINGS OF FACTS Section 2.06.15, Variances, paragraph (C) of the Unified Development Ordinance states that a variance shall be granted by the Board of Adjustment only if it shall make the following conclusions based on findings of fact (NOTE: a Variance Order Worksheet p. 18‐19 is provided for the convenience of the Board): (1)
That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same district; and (2)
That literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance; and (3)
That the special conditions and circumstances do not result from the actions of the applicant; and (4)
That the hardship is of a physical nature and not economic; and (5)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other land, structures, or buildings in the same district. Exhibits: 1.
2.
3.
4.
5.
6.
7.
8.
9.
MB 7 P 19. Onslow County Deed Card. DB 446 P 669. Preliminary Plot Plan for NRV Homes by Cawthorne, Moss & Panciera, PC dated June 22, 2012. Onslow County GIS 2010 Aerial with Contour. Onslow County GIS Map indicating Zoning boundaries. UDO Art 5 Table 5‐1 Dimensional Requirements. Variance request by Nathan and Kimberly Fortlage dated 6/21/2012. UDO Sec. 4.02 Permitted and Special Uses. Page 5 of 19
Page 6 of 19
Page 7 of 19
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Page 9 of 19
2010 Aerial with Contour
Disclaimer– Onslow County provides this GIS data as a public service.
NO WARRANTY for the availability or accuracy is provided.
Page 10 of 19
Printed:Jul 16, 2012
Zoning
Disclaimer– Onslow County provides this GIS data as a public service.
NO WARRANTY for the availability or accuracy is provided.
Page 11 of 19
Printed:Jul 16, 2012
ARTICLE 5.
DIMENSIONAL REQUIREMENTS
Table 5-1 Dimensional Requirements
Zoning
District
Use
Minimum
Lot Size
R-A
Single Family
3 acres
75’
30’
10’
20’
10’
48’
30%
R-20
Single Family
20,000 sq. ft.
75’
30’
10’
20’
10’
48’
30%
R-15
Single Family or Duplex15,000 sq. ft.
60’
20’
8’
15’
10’
48’
30%
Single Family
10,000 sq. ft.
50’
20’
8’
15’
10’
48’
30%
Multi-family
plus 10,000 sq. ft. for each unit over 2
Single Family
8000 sq. ft.
Multi-family
plus 8000 sq. ft. for each unit over 2
50’
20’
8’
15’
10’
48’
30%
Single Family
5000 sq. ft.
Multi-family
plus 5000 sq. ft for each unit over 2
50’
20’
8’
15’
10’
48’
30%
Single Family
5000 sq. ft.
Multi-family
plus 5000 sq. ft for each unit over 1
50’
20’
8’
15’
10’
48’
30%
Commercial
8000 sq. ft. per building
50’
20’
8’
10’
10’
48’
30%
Front
Lot
Yard
Width
Setback
Corner
Side
Rear
Lot
Building
Yard
Yard
Side
Height
Setback
Setback
Yard
Con -D
30%
R-10
R-8
R-5
MHR
B-1
B-2
Maximum
Lot
Coverage
Sec. 5.01
60’
OUTSTANDING RESOURCE WATERS (ORW)
Lots adjacent to Outstanding Resource Waters (ORW), as defined by the NC Division of
Environmental Management, shall not exceed 25% lot coverage as per state requirements.
Sec. 5.02
MEASUREMENT OF BUILDING HEIGHT.
(A)
The height of any building shall be the vertical distance of the highest point of the roof
or any rooftop deck, fence, railing, widow's walk or other rooftop structure as measured
from the top of the lowest slab and if no slab is measured from the lowest adjacent
grade as specified on the elevation certificate.
(B)
No building shall be erected, altered, or raised in any manner as to exceed the height of
forty-eight (48) feet. Certification of compliance with this section shall be indicated on
the final elevation certificate and on the as-built plat of survey prior to the issuance of a
Certificate of occupancy.
Sec. 5.03
SETBACKS FOR ACCESSORY BUILDINGS.
Any accessory building must meet the same setback requirements as the principal building and
not exceed the frontline of the main structure.
North Topsail Beach, NC
5-1 | P a g e
Unified Development Ordinance
Page 12 of 19
November 2, 2011
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Accessory uses may not be established before a principal use is in operation, and may
not continue after the principal use has ceased operation.
Sec. 4.02
PERMITTED AND SPECIAL USES
Permitted and special uses for each of the zoning districts and cross-references to use-specific
standards applicable to some uses are identified in Table 4-1. Uses which are prohibited within
a district are indicted by a blank space or are not listed. Italicized terms are defined in Article
11.
Table 4-1 Use Table
C
USE
M
R R R R R R O B B SPECIFIC
H
5 8 10 15 20 A N 1 2 STANDARD
R
D
USE
RESIDENTIAL USE
condominium
S
Sec. 4.03.01
duplex
P P P P P
S S S
manufactured home
Sec. 4.03.02
planned unit development
S
S S S
S
S
S
single-family
P P P P P P P
townhouse
S
S
S
Sec. 2.06.03
Sec. 6.02
Sec. 4.03.03
S S S
ACCESSORY USE
bed and breakfast
P P P P P P P
boat lift
P P P P P P P
boat ramp, private
P P P P P P P P P P
bridge, private
S
bulkhead
P P P P P P P
cross-over (accessory, principal)
P P P P P P P P P P
deck
P P P P P P P
dock, pier (accessory, principal)
P P P P P P P P P P
elevator, dumbwaiter
P P P P P P P
S S S
S
S
S
Sec. 4.03.04
S
S
S
S
S
Sec. 4.03.05
P P
P P
enclosure or outside storage and service areas P P P P P P P
P P Sec. 4.03.05
fence
P P P P P P P P P P Sec. 4.03.06
garage, attached or detached
P P P P P P P
North Topsail Beach, NC
4-2 | P a g e
Unified Development Ordinance
Page 17 of 19
November 2, 2011
Town of North Topsail Beach
Mayor Daniel Tuman
Mayor Pro Tem R. Suzanne Gray
Aldermen:
Don Harte
Tom Leonard
Dick Macartney
Michael Yawn
Steve Foster
Town Manager
Carin Z. Faulkner, MPA
Town Clerk
Town of North Topsail Beach
VARIANCE ORDER WORKSHEET #V-12-01
(STAFF’S COMMENTS)
The Zoning Board of Adjustment for the Town of North Topsail Beach, having held a
public hearing on Thursday, July 19, 2012, to consider application number V-12-01, submitted
by Nathan Fortlage, seeking variance from UDO Art 5 Table 5-1 Dimensional Requirements by
to allow construction of a single-family dwelling at 3003 Island Drive, Tax Map # 764-8., a
manner which is not permissible under the literal terms of the North Topsail Beach Town Code,
and having heard all of the evidence and arguments presented at the hearing, makes the
following FINDINGS OF FACT and draws the following CONCLUSIONS:
1) It is the Board’s CONCLUSION that special conditions and circumstances [do] or [do not] exist
that are peculiar to the land, structure, or building involved and that are not applicable to other
lands, structures, or buildings in the same district. This conclusion is based on the following
FINDINGS OF FACT(S): (FF#1) The property was created from Lot No. 10 of the Division of the
Anthony Rhodes Beach Land as shown on a plat prepared by K. E. Koonce, Engineer, in March
1949, and not recorded until 1961.
2) It is the Board’s CONCLUSION that a literal interpretation of the provisions of this ordinance
[would] or [would not] deprive the applicant of rights commonly enjoyed by other residents of
the zoning district in which the property is located. This conclusion is based on the following
FINDINGS OF FACT(S): (FF#6) The lot width does not meet the minimum 50 feet required by North
Topsail Beach Unified Development Ordinance Art 5 Table 5-1 Dimensional Requirements.
3) It is the Board’s CONCLUSION that the special circumstances [are] or [are not] the result of the
actions of the applicant. This conclusion is based on the following FINDINGS OF FACT(S): (FF#2)
The original lot, bisected by Island Drive, was split creating the current soundside and oceanside
parcels by or before 1974.
Page 18 of 19
4) It is the Board’s CONCLUSION that the hardship [is] or [is not] of a physical nature and not
economic. This conclusion is based on the following FINDINGS OF FACT(S): (FF#3) The property is
1.226-acre of an acre or 53,398 square feet. It measures approximately 37.15 feet wide by 1456
feet deep.
5) It is the Board’s CONCLUSION that granting the variance requested [will] or [will not] confer
on the applicant any special privilege that is denied by this Ordinance to other land,
structures, or buildings in the same district. This conclusion is based on the following
FINDINGS OF FACT(S): (FF#10) Single Family Dwellings are permitted by right in MHR zoning
districts.
THEREFORE, on the basis of all of the foregoing, IT IS ORDERED that the application for a VARIANCE be
[approved] or [denied].
NOTE TO APPLICANT: If you are dissatisfied with the decision of this Board, an appeal may be taken to the
Superior Court of Onslow County within thirty (30) days after this notice is served on you, or the date the
decision is filed in the office of the Planning Director, whichever is later. See Section 7-105 (Appeals from the
board of adjustment).
Ordered this
17th day of April, 2011:
Approved as to Form:
Certified:
Zubecca Bowman, Chairman
Board of Adjustment
Brian Edes, Town Attorney
Terrie Woodle, Secretary
Board of Adjustment
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