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HomeMy WebLinkAboutApplication NarrativeZONING & SUBDIVISION VARIANCE APPLICATION 1074 SEABREEZE RD. S. 3. Proposed Variance Narra1ve On behalf of the Owner, the Applicant seeks a variance from the 75’ COD setback requirement set forth in New Hanover County Unified Development Ordinance SecTon 5.7.4 B(1) for construcTon of an in-ground swimming pool on the property. The property is described as “Lot 1, Block A of RecombinaTon of Seabreeze Holdings Property” as shown on a plat recorded January 14, 2013 in Plat Book 57 at Page 272 of the New Hanover County Registry. This 2013 plat shows a Normal High Water Line approved by Local Government Official, a Coastal Wetland Line, a 404 Wetland Line, and a 75’ COD setback line. The plat was signed by New Hanover County Review Officer Sam Burgess and by Planning Director Chris O’Keefe. In 2015, New Hanover County issued a building permit for construcTon of a single family residence on the property. On April 2, 2015, Registered Land Surveyor Bob Jones prepared a map of survey that shows the 75’ COD setback line on the property in the same locaTon as shown on the 2013 plat. The 2015 survey shows an exisTng piling foundaTon for the residence then under construcTon. The foundaTon is located wholly outside of the 75’ COD setback. In late 2024, the Owner submiced a building permit applicaTon for an in-ground swimming pool. Ader various on-site meeTngs with the surveyor and New Hanover County Planning Department staff extending into early 2025, it was ulTmately determined that the conservaTon resource line, and hence the 75’ COD setback line, had moved drasTcally from its 2013 and 2015 locaTon, and that a variance would be required before a building permit could be issued for the proposed swimming pool. If the pool that is proposed today had been built in 2015 when the house was constructed, it would have been outside the 75’ COD setback, and a variance would not have been required. This request is for a variance from UDO SecTon 5.7.4 B(1) sufficient to allow construcTon of a swimming pool in the locaTon shown on the survey by Bob Jones dated March 25, 2025. Acachments: Plat recorded in Plat Book 57 at Page 272, N.H. Co. Registry dated January 14, 2013 Survey of property by Bob Jones dated April 2, 2015 Survey of property by Bob Jones dated March 25, 2025 Criteria 1. Unnecessary hardship would result from strict applica1on of the ordinance. If the Owner complies with the literal terms of SecTon 5.7.4 B(1) of the UDO, an unnecessary hardship would result because only a narrow strip of property within the lot is outside the 75’ COD setback. Under a strict applicaTon, buildable area is severely restricted to the point that virtually not even a residence could be built on the lot today, much less a swimming pool. Criteria 2. The hardship results from condi1ons that are peculiar to the property, such as loca1on, size or topography. The newly established resource conservaTon line, and thus the 75’ COD setback line, bifurcates the property in a nearly west to east direcTon near the northern property line. As a result, nearly the enTre lot - including the exisTng single family residence - is now located inside the setback. This condiTon and hardship are peculiar to the Owner’s property. Criteria 3. The hardship did to result from ac1ons taken by the applicant or the property owner. The hardship did not result from the acTons taken by the property owner. The developer of the neighborhood created the lot configuraTon and size. When the lot was placed in 2013 in Plat Book 57 at Page 272 of the New Hanover County Registry, the conservaTon resource line was significantly water ward of its current locaTon as flagged by New Hanover County personnel on February 25, 2025. The proposed locaTon of the pool would have fit on the owner’s property in 2013 without a variance. It is only because of the change in locaTon of the conservaTon resource line since the lot was placed that a variance is needed. Criteria 4. The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured, and substan1al jus1ce is achieved. The requested variance is consistent with the spirit, purpose and intent of the ordinance. The New Hanover County UDO, SecTon 5.7 - ConservaTon Resources - states the purpose is to protect important environmental resources in the County. No porTon of the proposed pool is located inside any conservaTon resource area or inside any CAMA area of environmental concern. As such, this variance is consistent with the purpose of protecTng important environmental resources, does not negaTvely impact public safety, and achieves substanTal jusTce.