The URL can be used to link to this page

Home My WebLink AboutVariance Application_05-2021 Signed_v1 (2)Page 1 of 5 Variance Application – Updated 05-2021 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com ZONING & SUBDIVISION VARIANCE APPLICATION This application form must be completed as part of a request for a zoning and/or subdivision variance. The application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications for a variance are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.11 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference (Optional) Community Information Meeting 1 Application Submittal & Acceptance 2 Planning Director Review & Staff Report 3 Public Hearing Scheduling & Notification  Advisory Body Review & Action 4 Board of Adjustment Hearing & Decision 5 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Shawn C. Horton Bruce B. Cameron IV WNDP #2, LLC Dry Pond Partners LLC 1201 Glen Meade Road PO Box 36491201 Glen Meade Road PO Box 3649 Wilmington, NC 28406 Wilmington, NC 28406 910-762-2676910-782-2802 shawnhorton@trusstbuildergroup.com bcameroniv@cameronco.com dotloop signature verification: dtlp.us/ff7f-wpI0-iFDb Page 2 of 5 Variance Application – Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) 3. Proposed Variance Narrative Subject Zoning Regulation, Chapter and Section In the space below, please provide a narrative of the application (attach additional pages if necessary). R07100-004-004-000Timbers at Whiskey Branch Subdivision / S. College Road / Masonboro Township / New Hanover County, NC +/- 64.36 Acres PD See attached Narrative. dotloop signature verification: dtlp.us/ff7f-wpI0-iFDb Page 3 of 5 Variance Application – Updated 05-2021 CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE The Board of Adjustment may grant a variance if it finds that strict application of the ordinance results in an unnecessary hardship for the applicant, and if the variance is consistent with the spirit, purpose, and intent of the ordinance. The applicant must explain, with reference to attached plans (where applicable), how the proposed use meets these required findings (attach additional pages if necessary). 1. Unnecessary hardship would result from 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. Hardship resulting from personal circumstances, as well as hardships resulting from conditions that area common to the neighborhood or general public, may not be the basis for granting a variance. Strict application requiring the installation of sidewalks on both sides of Condor Run would result in the following unnecessary hardships: 1.Rear walls of multiple dwelling units located very close to existing stormwater ditches. 2.Clearing of mature trees and vegetation. 3.Clearing of mature trees and vegetation which currently serve as a visual buffer to existing residential properties. 4.Minimal back yard space for dwellings. Most dwellings would have back yards that are unusable. Hardship results from conditions that are peculiar to the property: The rearmost portions of the building lots in this case are occupied by required buffer easements and/or permanent stormwater ditches. •Resulting in rear of dwellings too close to existing stormwater ditches. •Resulting inadequate back yard spaces. •Resulting in unnecessary clearing of mature trees and vegetation. •Resulting in unnecessary clearing of mature trees and vegetation which currently serve as a visual buffer to existing residential properties. dotloop signature verification: dtlp.us/ff7f-wpI0-iFDb Page 4 of 5 Variance Application – Updated 05-2021 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. The process of smart community development includes the willingness and flexibility to make adjustments in the field, during the development process, and as a part of the development process. The development plan for these specific homes works as designed, but it does not work well. The opportunity to make this adjustment to the development plan did not present itself in and office building standing over a set of drawings. It presented itself after the initial clearing of the right-of-way’s and the staking of building corners. It was at that time we walked the property specifically to judge the distances between the rear of potential dwellings and our self-imposed clearing limits. In other words, we happened upon the need for this adjustment while out on a tree preservation mission. Allowing this variance is in the best interest of all parties, especially the new residents of these future dwellings and the current residents of neighboring properties. The requested variance will be of benefit to all parties: •To the future owner of these dwellings in that they the safety of not stepping out their back door directly into a deep ditch or off a retaining wall. •To the future owner of these dwellings in that they will have adequate back yard space. •To the future owner of these dwellings in that they will have mature trees and vegetation in their back yards, providing both a natural setting as well as a visual buffer from adjoining properties. •To the neighboring property owners who will enjoy a greater distance between their homes and these new dwellings. •To the neighboring property owners who will enjoy a visual buffer provided by mature trees and vegetation. •To the developer who will avoid the unnecessary expense of installing hundreds of feet of retaining walls. •To future residents of this subdivision as well as all of New Hanover County, who will benefit from properties with higher property values and utility. dotloop signature verification: dtlp.us/ff7f-wpI0-iFDb Page 5 of 5 Variance Application – Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial 󠄀 This application form, completed and signed 󠄀 Application fee: $400 per application 󠄀 Site plan or sketch illustrating the requested variance 󠄀 One (1) hard copy of ALL documents 󠄀 One (1) PDF copy of ALL documents Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the variance application for which I am applying. I understand that I have the burden of proving why this application meets the required findings necessary for granting a variance. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. • The land owner or their attorney must be present for the case at the public hearing SCH 06/29/22 11:00 PM EDTdotloop verified SCH 06/29/2211:00 PM EDTdotloop verified SCH 06/29/22 11:00 PM EDTdotloop verified SCH 06/29/2211:00 PM EDTdotloop verified SCH 06/29/22 11:00 PM EDTdotloop verified Bruce B. Cameron IV dotloop verified 06/30/22 8:36 AM EDTXNRW-32U7-0SHJ-11DZ Bruce B. Cameron IV, as Manager of Dry Pond Partners LLC Shawn C. Horton dotloop verified06/29/22 11:00 PM EDT Z9QG-XD8N-U26T-3OKD Shawn C. Horton, as Manager of WNDP #2, LLC dotloop signature verification: dtlp.us/ff7f-wpI0-iFDb