Application: SE Project Location: 132 S. Snow Geese Drive [PIN ] Relocate Erosion Threatened Oceanfront Structure

Transcription

1 Town of Duck, North Carolina Department of Community Development SE 12-01, 132 S. Snow Geese Drive Agenda Item 4A To: Chairman Blakaitis and Members of the Town of Duck Planning Board From: Andy Garman, Director of Community Development Date: January 2, 2013 Re: Staff Report for SE Scope of Request Application: SE Project Location: 132 S. Snow Geese Drive [PIN ] Proposed Activity: Relocate Erosion Threatened Oceanfront Structure Proposed Use(s): Single-Family Dwelling Property Owner: Laura A. Holleman Total Area of Property: 11,937 square feet Zoning: RS-1 Single-Family Residential Applicant/Contact: Richard Bell, Across the Board Construction, LLC Meeting Date: January 9, 2012, 6:30 pm Summary of Proposal The applicant, Richard Bell of Across the Board Construction, LLC, is requesting a special exception permit on behalf of the property owner, Laura A. Holleman, at 132 S. Snow Geese Drive to relocate an erosion threatened single-family dwelling on the same property pursuant to Town Code Section Town Code Section allows the Planning Board and Town Council to grant exceptions to the Town s building setback and the parking dimensional requirements to allow erosion threatened oceanfront structures to be relocated west on the same property to the maximum extent possible. The structure at 132 S. Snow Geese Drive is a five bedroom house which was built in Based on aerial photos from 1996 and 2002, staff would estimate that this property has lost up to 110 feet of its frontal dune, comparing the first line of stable natural vegetation during these years to the first line of stable natural vegetation taken from aerial photos captured after Hurricane Sandy. The property owner has made a number of attempts in recent years to preserve the property with a combination of beach fill, beach push, sand fencing, and dune vegetation activities. Hurricane Sandy resulted in an estimated feet of dune loss and destroyed the property s pool and deck area. The main portion of the dwelling is currently located within 20 feet of the first line of stable natural vegetation. Therefore, the structure would be considered imminently threatened based on rules 1

2 Town of Duck, North Carolina Department of Community Development SE 12-01, 132 S. Snow Geese Drive 2 Agenda Item 4A established by the North Carolina Coastal Area Management Act (CAMA). The property owner would like to move the house approximately 40 feet to the west to mitigate the threat of future damage to the structure. Based on the site plan submitted with this application, the dwelling would be located just west of the current CAMA setback. In order to move the house back this far, the property owner would need an exception to the Town s front yard setback requirement. The front yard setback for the RS-1 zoning district is 25 feet. The applicant is requesting to place the dwelling within 15 feet of the front property line. The proposed house would not be positioned parallel with the front property line. The southwest corner of the house would be 15 feet from the front lot line whereas the northwest corner of the house would be approximately 25 feet from the property line. Additionally, the property is required to have five parking spaces since it is a five bedroom dwelling. Due to the short length of the new driveway, two parking spaces are proposed under the house and two are proposed on the north side of the house. The fifth parking space could be counted at the end of the drive aisle directly adjacent to the structure. The applicant is requesting an exception to the required five-foot side yard setback that applies to parking spaces in order to locate the two parking spaces on the north side of the house. Staff would note that the house is not a rental unit. Therefore, the applicant has indicated that these two spaces would be not be installed immediately since they are eligible to be waived in accordance with Town Code section (F). Discussion Town Code sections and should be referenced for the review of this project. Town Code section pertains to the relocation of oceanfront erosion threatened structures and Town Code section pertains to the process for approval of a Special Exception Permit. Listed below are the six criteria from Town Code Section that must be evaluated by the Planning Board and Town Council as part of the review of this request: RELOCATION OF OCEANFRONT STRUCTURES THREATENED BY EROSION. (2) Special exception permit for the relocation of erosion threatened structures. (b) The Town Council may grant a special exception or permit only after determining that the applicant has clearly demonstrated the following: 1. The requested modifications are the minimum necessary to allow for the relocation of the existing principal structure;

3 Town of Duck, North Carolina Department of Community Development SE 12-01, 132 S. Snow Geese Drive Analysis Agenda Item 4A 2. The applicant does not propose to increase the area of the principal structure or the number of bedrooms; 3. The applicant does not propose to increase size or area of the property occupied by accessory structures; 4. That all structures, to the extent possible, are relocated outside of the required CAMA setback; 5. That the principal structure is situated as far landward as possible to mitigate future damage potential; and 6. The requested reduction results in a development that preserves the spirit and intent of this section and will not adversely impact adjacent property or the surrounding area, will not negatively impact existing traffic flow or pedestrian and vehicular safety and will not be contrary to the objectives specified in the CAMA Land Use Plan. The applicant is not proposing to increase the size or footprint of the development on the property. The relocated house will result in a much shorter driveway which will significantly reduce lot coverage relative to the existing development. There are no additional accessory structures being proposed at this time. Additionally, the applicant is proposing to move the house as far west as possible while still maintaining sufficient room for the on-site wastewater system. The house will meet the current CAMA setback of 60 feet based on a first line of stable natural vegetation surveyed on November 20, The driveway will be widened to 12 feet and relocated slightly to the south to improve maneuverability into the site and provide access to the parking spaces beneath the relocated dwelling. The applicant intends to maintain a significant vegetative buffer between the house and the edge of street pavement as currently exists. The 60-foot street right-of-way of S. Snow Geese Drive provides an additional 20 feet of separation between the dwelling and the edge of street pavement. Staff believes the reduction of the front yard setback is mitigated by the vegetation that exists on the site as well as the width of the right-of-way east of the street pavement. Due to the reduction in the five-foot side yard parking setback on the north side of the dwelling, the Planning Board may want to consider a mitigation measure to screen the parking spaces. This could include some form of vegetation or fencing. Staff would note that the applicant intends to waive the installation of these spaces since the house is not a rental unit. Staff might suggest that a condition be placed on the permit 3

4 Town of Duck, North Carolina Department of Community Development SE 12-01, 132 S. Snow Geese Drive Agenda Item 4A that would require the installation of a fence or vegetative screen at such time in the future when the parking spaces are installed. Staff Recommendation Staff believes that this project is consistent with the intent and criteria for approval of the requested special exception permit as established in Town Code section Staff would suggest only that the Planning Board consider a condition that would require the installation of a six-foot high opaque fence or vegetative screen along the north lot line adjacent to the future parking spaces at such time when they are installed. ATTACHMENTS A. CUP Application B. Property Location Map C. Tax Parcel Information D. Existing Property Survey E. Proposed Site Plan F. Letter of Support from Snow Geese South Homeowner s Association G. Letter of Support from an Adjacent Property Owner 4

5

6

7

8

9 Attachment B Property Location Map 132 S. Snow Geese Drive Vegetation Line ² 1 in. = 40 ft

10 Parcel Card Parcel Number: Print Date: 12/21/2012 County of Dare, North Carolina Owner Information: HOLLEMAN, LAURA A 47 SHERBROOKE RD LONDON SW6 7QJ Parcel Information: Parcel: PIN: District: 21 - DUCK Subdivision: SNOW GEESE SOUTH LotBlkSect: LOT: 17 BLK: SEC: Multiple Lots: - PlatCabSlide: PL: 8 SL: 57 Units: 1 Deed Date: 9/4/2007 BkPg: 1742/0215 Property Use: Single Family Residential 132 S SNOW GEESE DR BUILDING USE and FEATURES Building Billing Value: $279,100 BUSE: Single Fam Dwg Exterior Walls Cedar Lap Siding - T11 Panels Actual Year Built: 1989 Interior Walls Drywall - N/A Baths: 3.5 Floors Ceramic or Quarry Tile - Carpeting Bedrooms: 5 Roof Cover Wood Shingle FINISHED SQ FT: *please see notes below* Roof Structure Gable or Hip drawing1 = 2447 Heat-Fuel Electric Heat-Type Forced Air / Duct Air Conditioning Central Air MISCELLANEOUS USE Misc Billing Value: $37,100 Muse1: Dtachd Free Stdg Dck Muse2: Wood Dck Around Pool Muse3: Pool(In Ground) Muse4: Muse5: LAND USE Land Billing Value: $1,142,500 LUSE: 21-Oceanfront Luse2: Luse3: Luse4: Luse5: Luse6: LAND AREA: *please see notes below Square Feet Total Billing Value: $1,458,700 Values are for the current tax bill period. *Finished Square Footage of the building(s) and Land Area information is based on data in the Tax Appraisal program as of March 2011, and will be updated twice a year. Owner and parcel 12:09:15 PM]

11

12

13 Snow Geese South Homeowners' Association January 4,2013 Planning Board Town Council Town of Duck PO Box 8369 Duck, NC FAO: Sandy Cross, Permit Coordinator/CAMA LPOICZO Andy Garman, Director of Community Development By To the members of the Planning Board and the Town Council: I am writing to you on behalf of the Board of the South Snow Geese Homeowners' Association, of which I currently serve as Vice President. In matters relating to the proposed move of 132 South Snow Geese and the related applications to the town, I am acting president, as the homeowner, Laura Holleman, also serves as the current President of the HOA and has recused herself in this matter due to the conflict of interest. Ms Holleman has been in touch with the SGS HOA Board members with her plans, as well as with many other members of the HOA, including her immediate neighbors, Ron and Stephanie Fisher and Alan Nagel. I am aware that Ron Fisher has already separately contacted the Town expressing his support for Ms Holleman's application. I have also reviewed the application to the Town and have spoken to Ms Holleman about her plans, as has Tom Schappert, another member of our HOA Board. In addition, we have notified all of our homeowners through the annual dues letter regarding the damage our subdivision suffered in Hurricane Sandy and the projects underway by our oceanfront neighbors. Ms Holleman has also shared her application with the SGS community Architectural Review Committee. The Board believes that Ms Holleman is facing a difficult and expensive decision that she is dealing with in a responsible and thoughtful manner. The actions she has already taken to date have been consistent with the way in which she has always maintained her property and is definitely positive for our community. As a result, we would like to express our support for her plans and our desire that she be permitted to proceed with this project as soon as possible. In my capacity as Vice President of the HOA, and acting president in respect of these matters, I would be happy to discuss this letter or any other matters with the Town should

14 that be necessary or advisable. I can be contacted by at mikemilan1@aol.com telephone at or by Sincerely, Michael A. Milan Vice President, Snow Geese South Homeowners' Association 3101 Drumm Court Kensington, MD Phone: MikeMilan1@aol.com

15 Sandy Cross From: Sent: To: Cc: Subject: Lori Kopec Wednesday, January 02, :33 PM Andy Garman Sandy Cross FW: Laura A.Holleman Application SE From: Ron Fisher Sent: Wednesday, January 02, :22 PM To: info townofduck Subject: Laura A.Holleman Application SE We appreciate the opportunity to submit comment to our Planning Board on the subject application. We are the original owners and our property borders Ms Holleman on the South. She is a model homeowner and neighbor in our community. The care for her property sets an example for the kind of development we seek in support of our vision for a coastal village. We support her effort to reduce the sudden increased risk to her house caused by the damage to our beach from Hurricane Sandy. It is our sincere regret this very costly decision has to be made before there is knowledge of the ultimate response of our Town to the damage along our beach! A significant portion the Town s tax base is in above normal risk from the storm damage. We expect others will be coming forward with similar applications at high personal cost. Our hope is the Town will give the highest priority to an action plan to reduce this unusual risk to property along the beach from the storm. We urge that the action plan be integrated with the long range beach study nearing completion. Thank you, Ron & Stephi Fisher 134 So. Snow Geese 1