The following information is for use by the Lincoln County Zoning Board of Adjustment at its meeting/public hearing on November 28, 2016.

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1 LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA OFFICE INSPECTION REQUEST LINE FAX To: Zoning Board of Adjustment From: Randy Hawkins, Zoning Administrator Date: November 10, 2016 Re: VAR #415 Thomas Williams, applicant Parcel ID# 84390, 84391, and The following information is for use by the Lincoln County Zoning Board of Adjustment at its meeting/public hearing on November 28, Request The applicant is requesting variances from Section of the Lincoln County Unified Development Ordinance to permit four lots in the Eastwind Cove subdivision to exceed 2,000 square feet of impervious coverage not including structures, with the proposed paved area for each lot ranging from 3,483 square feet to 4,251 square feet. Section states that all area and dimensional standards in a Planned Development district shall be established by the Board of Commissioners at the time of approval. The standards established for Eastwind Cove limit the built-upon area for structures to 20 percent of the lot area and all other impervious coverage to 2,000 square feet. Eastwind Cove was approved in a parallel conditional use rezoning (PCUR #108) in When the impervious coverage standards were established by the Board of Commissioners, the board stipulated that an owner/developer could apply for a variance if the calculations exceeded the prescribed allowable coverage. The applicant represents Sinacori Builders, LLC, the owner of the four lots. The lots range in size from acre to 1.05 acre. Under the variance requests, the total impervious coverage (structures plus paved areas) would not exceed 20 percent of the area of any of the lots, ranging from 12.6 percent to 19.7 percent. Site Area and Description The lots are located on Lake Norman on the west side of Rivendell Road about 1,200 feet north of Webbs Road. They are zoned CU PD-R (Conditional Use Planned Development-Residential) and are adjoined by property zoned CU PD-R and R-SF (Residential Single-Family). Lincoln County s water treatment plant is located to the east of this property.

2 These lots are crossed by a Duke Power transmission right-of-way that s 320 feet in width and by a 10-foot sewer easement, leaving the buildable area of the lots a considerable distance from Rivendell Road. Eastwind Cove s restrictive covenants require all driveways and walks to be paved. Eastwind Cove Standards Here s the full text regarding the established limits on impervious coverage: The maximum allowable built-upon area per lot for all structures shall not exceed 20% impervious coverage. All other impervious coverage shall be limited to 2,000 square feet (including driveways, patios, walkways, including gravel, and anything the Watershed Administrator deems impervious). These computations of the impervious area are to be computed by the owner/developer/contractor/surveyor at the time of the building permit application. This shall be a permit-by-permit computation. The owner/developer whose calculation(s) exceeds the prescribed allowable coverage may apply for a variance to the Board of Adjustment or appeal the Watershed Administrator s decision to the Board of Adjustment.

3 COUNTY OF LINCOLN, NORTH CAROLINA PLANNING AND INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA Applicant Thomas Williams Application No. VAR #415 Request Variances from Section to permit four lots in the Eastwind Cove subdivision to exceed 2,000 square feet of paved area ZONING BOARD OF ADJUSTMENT S FINDINGS OF FACT 1. UNNECESSARY HARDSHIP WOULD RESULT FROM THE STRICT APPLICATION OF THE ORDINANCE. (IT SHALL NOT BE NECESSARY TO DEMONSTRATE THAT, IN THE ABSENCE OF THE VARIANCE, NO REASONABLE USE CAN BE MADE OF THE PROPERTY.) Yes No Factual reasons cited by the Board: 2. THE HARDSHIP RESULTS FROM CONDITIONS THAT ARE PECULIAR TO THE PROPERTY, SUCH AS LOCATION, SIZE, OR TOPOGRAPHY. (HARDSHIPS RESULTING FROM PERSONAL CIRCUMSTANCES, AS WELL AS HARDSHIPS RESULTING FROM CONDITIONS THAT ARE COMMON TO THE NEIGHBORHOOD OR THE GENERAL PUBLIC, MAY NOT BE THE BASIS FOR GRANTING A VARIANCE.) Yes No Factual reasons cited by the Board:

4 3. THE HARDSHIP DID NOT RESULT FROM ACTIONS TAKEN BY THE APPLICANT OR THE PROPERTY OWNER. (THE ACT OF PURCHASING PROPERTY WITH KNOWLEDGE THAT CIRCUMSTANCES EXIST THAT MAY JUSTIFY THE GRANTING OF A VARIANCE SHALL NOT BE REGARDED AS A SELF-CREATED HARDSHIP.) Yes No Factual reasons cited by the Board: 4. THE REQUESTED VARIANCE IS CONSISTENT WITH THE SPIRIT, PURPOSE, AND INTENT OF THE ORDINANCE, SUCH THAT PUBLIC SAFETY IS SECURED, AND SUBSTANTIAL JUSTICE IS ACHIEVED. Yes No Factual reasons cited by the Board: Based on the Findings of Fact, the following action was taken on by the Lincoln County Zoning Board of Adjustment after a public hearing was held and duly advertised: In approving said variance, the following conditions have been imposed by the Zoning Board of Adjustment:

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7 Map with Parcel Information Page 1 of 1 11/7/2016 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 11/7/2016 Scale: 1 Inch = 100 Feet PHOTOS PARCEL INFORMATION FOR Parcel ID Owner SINACORI BUILDERS LLC Map Mailing PARK CEDAR DR STE 166 Account Address CHARLOTTE NC Deed Recorded 7/18/2014 Sale Price $340,000 Land Value $184,442 Total Value $184,442 Previous Parcel All values are for tax year Subdivision Lot 6 EASTWIND COVE SUBDIVISION PH1 Plat Description LT #6 EASTWIND COVE PH1 Deed Acres 0.8 Address RIVENDELL RD Tax Acres 0.8 Township CATAWBA SPRINGS Tax/Fire District DENVER / EL SEWER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres DENVER (DN29) 0.8 PD-R CU 0.8 Watershed Class WS-IVC 0.8 Sewer District In the sewer District Census County Tract Block FloodZone Description Panel AE SPECIAL FLOOD HAZARD AREA BASE ELEVATION DETERMINED YEAR X NO FLOOD HAZARD

8 Map with Parcel Information Page 1 of 1 11/7/2016 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 11/7/2016 Scale: 1 Inch = 100 Feet PHOTOS PARCEL INFORMATION FOR Parcel ID Owner SINACORI BUILDERS LLC Map Mailing PARK CEDAR DR STE 166 Account Address CHARLOTTE NC Deed Recorded 7/18/2014 Sale Price $340,000 Land Value $187,777 Total Value $187,777 Previous Parcel All values are for tax year Subdivision Lot 7 EASTWIND COVE SUBDIVISION PH1 Plat Description LT #7 EASTWIND COVE PH1 Deed Acres 0.92 Address RIVENDELL RD Tax Acres 0.92 Township CATAWBA SPRINGS Tax/Fire District DENVER / EL SEWER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres DENVER (DN29) 0.92 PD-R CU 0.92 Watershed Class WS-IVC 0.92 Sewer District In the sewer District Census County Tract Block FloodZone Description Panel AE SPECIAL FLOOD HAZARD AREA BASE ELEVATION DETERMINED YEAR X NO FLOOD HAZARD

9 Map with Parcel Information Page 1 of 1 11/7/2016 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 11/7/2016 Scale: 1 Inch = 100 Feet PHOTOS PARCEL INFORMATION FOR Parcel ID Owner SINACORI BUILDERS LLC Map Mailing PARK CEDAR DR STE 166 Account Address CHARLOTTE NC Deed Recorded 7/18/2014 Sale Price $340,000 Land Value $88,097 Total Value $88,097 Previous Parcel All values are for tax year Subdivision Lot 8 EASTWIND COVE SUBDIVISION PH1 Plat Description LT #8 EASTWIND COVE PH1 Deed Acres 1.01 Address RIVENDELL RD Tax Acres 0.98 Township CATAWBA SPRINGS Tax/Fire District DENVER / EL SEWER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres DENVER (DN29) 0.98 PD-R CU 0.98 Watershed Class WS-IVC 0.98 Sewer District In the sewer District Census County Tract Block FloodZone Description Panel AE SPECIAL FLOOD HAZARD AREA BASE ELEVATION DETERMINED YEAR X NO FLOOD HAZARD

10 Map with Parcel Information Page 1 of 1 11/7/2016 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 11/7/2016 Scale: 1 Inch = 100 Feet PHOTOS PARCEL INFORMATION FOR Parcel ID Owner SINACORI BUILDERS LLC Map Mailing PARK CEDAR DR STE 166 Account Address CHARLOTTE NC Deed Recorded 7/18/2014 Sale Price $340,000 Land Value $89,169 Total Value $89,169 Previous Parcel All values are for tax year Subdivision Lot 9 EASTWIND COVE SUBDIVISION PH1 Plat Description LT #9 EASTWIND COVE PH1 Deed Acres 1.02 Address RIVENDELL RD Tax Acres 1.01 Township CATAWBA SPRINGS Tax/Fire District DENVER / EL SEWER Improvement No Improvements Zoning Calculated Voting Precinct Calculated Acres District Acres DENVER (DN29) 1.01 PD-R CU 1.01 Watershed Class WS-IVC 1.01 Sewer District In the sewer District Census County Tract Block FloodZone Description Panel AE SPECIAL FLOOD HAZARD AREA BASE ELEVATION DETERMINED YEAR X NO FLOOD HAZARD

11 Map with Legend Page 1 of 1 11/8/2016 Scale: 1 Inch = 400 Feet LINCOLN COUNTY GIS Tue Nov 8 12:51:13 EST 2016 Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Lincoln County, NC Office of the Tax Administrator, GIS Division

12 Map with Legend Scale: 1 Inch = 200 Feet Page 1 of 1 LINCOLN COUNTY GIS Mon Nov 7 09:08:48 EST 2016 Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Lincoln County, NC Office of the Tax Administrator, GIS Division 11/7/2016

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