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ZBA-909 Staff SummaryZBA-909, 8/16 Page 1 of 2 VARIANCE REQUEST ZONING BOARD OF ADJUSTMENT August 23, 2016 CASE: ZBA-909, 8/16 PETITIONER: Design Solutions, applicant, on behalf of Cazzata, LLC, property owner REQUEST: 15’ variance from the required 75’ setback from a conservation resource as per Section 55.1 of the New Hanover County Zoning Ordinance LOCATION: 1317 Futch Creek Road PID: R02920-001-014-000 ZONING: R-20, Residential District PETITIONER’S REQUEST: Cindee Wolf of Design Solutions, on behalf of Claudio Saviano of Cazzata, LLC, is requesting a 15’ variance from the 75’ setback from a conservation resource required by Section 55.1 of the New Hanover County Zoning Ordinance on a 0.68 acre parcel located at 1317 Futch Creek Road. The petitioner contends that the required 75’ setback, in addition to the peculiar lot shape and the other required setbacks, would impose a hardship for buildable area on the subject site. To offset any potential impairment to the tidal creek, the petitioner is proposing additional stormwater controls including on-site retention or a percolation area sufficient to control at least the first 0.75” of runoff that will originate from all of the impervious surfaces on the property. BACKGROUND AND ORDINANCE CONSIDERATIONS: The subject property was recorded in 1987 as “Lot 73” of the subdivision plat for Section 1-C of Creekside at Porters Neck Plantation and contains approximately 0.68 acres. The property is a somewhat shallow and irregular shaped parcel, due to the mean high water line that serves as the rear property boundary line. Section 55.1 of the Zoning Ordinance identifies important conservation resources within New Hanover County, and regulates development in and around these resources by creating a Conservation Overlay District (COD). Section 55.1-5 classifies the different conservation resources into groups, and prescribes specific setbacks from these resources for structures and impervious surfaces. The conservation resource adjacent to the subject site is “Salt Marsh”, which is classified as Group 2 for residential uses. As such, Section 55.1-5 requires a 75’ setback from the edge of this resource type: GROUP 2 (A) Conservation Space Setbacks - All structures and impervious surfaces shall be setback from the conservation space, if any, whether the space is located on the parcel or on an adjacent parcel, a distance of at least 75 feet. (B) Retention of Runoff - In addition to designing the site to control stormwater from a 10 year storm, on- site retention or percolation areas shall be required for the entire parcel sufficient to control, at a minimum, the first .75 inch of runoff that will originate from all impervious surfaces anticipated to be on the site upon final development. The specified amount of runoff from impervious surfaces shall be disposed of by ZBA-909, 8/16 Page 2 of 2 percolation into the soil, evaporation, transpiration, or other methods of treatment or handling acceptable to the County Engineering Department. The purpose of the Conservation Overlay District (COD), as stated in Section 55.1-1 of the Zoning Ordinance, is to protect important environmental and cultural resources within the County. For the Salt Marsh resource group, special consideration is also given to stormwater management, as detailed in subsection (B) above. In addition to the county’s COD regulations, the development of the subject property is also subject to CAMA development regulations, including a 30’ buffer landward of the normal high water line, as well as a 30% impervious surface coverage limitation for areas of the site between the 30’ buffer and the area 75’ landward of the normal high water line. BOARD OF ADJUSTMENT POWER AND DUTY: The Board of Adjustment has the authority to authorize variances from the terms of the Zoning Ordinance where, due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance. A concurring vote of four-fifths (4/5) of the voting members of the Board shall be necessary to grant a variance. A variance shall not be granted by the Board unless and until the following findings are made: 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. 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. 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. 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. ACTION NEEDED (Choose one): 1. Motion to approve the variance request based on the findings of fact (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny the variance request based on specific negative findings in any of the 4 categories above.