PLANNING BOARD REPORT
Planning Board Chairman Sue Tuman was not present for the January 8, 2015 meeting of the Planning
Board. The draft minutes of the meeting (attached) serve as a report of the actions taken at the last
Planning Board meeting.
Carin Z. Faulkner
ATM/Town Clerk
Town of North Topsail Beach
Daniel Tuman, Mayor
Tom Leonard, Mayor Pro Tem
Aldermen:
Suzanne Gray
Don Harte
Richard Macartney
Richard Peters
Stuart Turille
Town Manager
Carin Z. Faulkner, MPA
Assistant Town Manager/ Town Clerk
TOWN OF NORTH TOPSAIL BEACH
PLANNING BOARD
JANUARY 8, 2015
6:30 P.M.
PRESENT: PAUL DORAZIO-VICE CHAIRMAN, BILL BOWMAN, ZUBECCA BOWMAN,
HANNA McCLOUD, GUNNAR MATTHEWS, DR. HARRINGTON-ALTERNATE, PAT
STIGALL-ALTERNATE, DEBORAH HILL- PLANNING DIRECTOR, TERRIE WOODLESECRETARY
NOT PRESENT: Sue Tuman, Jean Miller
I.
CALL TO ORDER: Mr. Dorazio called the meeting to order at 6:30 p.m.
II.
ADOPTION OF AGENDA: Mr. Matthews made a motion to adopt the Agenda as
presented. Mrs. Bowman seconded the motion, motion passed unanimously.
III.
APPROVAL OF MINUTES: December 11, 2014: Mrs. Bowman made a motion to approve
the minutes as presented. Mrs. McCloud seconded the motion, motion passed unanimously.
IV.
PUBLIC COMMENT: No one from the public came forward to speak.
V.
NEW BUSINESS:
A. Case # SUP 15-04 Heritage l LLC- Townhouses at Topsail Villas II:
BACKGROUND: On December 4, 2014, Greg Isenhour submitted a special use permit application for a
4 unit townhouse development in Topsail Villas II, lots 38-41. Owned by Heritage 1 LLC, the
four 1,351 square foot lots, south of the Seaview Fishing Pier, are zoned Residential (R-5) and
were previously approved by Onslow County on January 10, 1986, shown on a plat entitled
“Topsail Villas- Section II,” dated May 7, 1986, by John L. Pierce Surveying and recorded in
Map Book 23 Pages 131, Onslow County Registry. The applicant requests that the recorded
setbacks as approved by Onslow County and the Town’s required setbacks be modified to allow
for construction of four (4) 16’ X 34’ units, access stairway, and front and rear uncovered
decks.
The Flood Insurance Rate Map (FIRM), Map Number 3720428700J, dated November 3, 2005
indicates that the property has a base flood elevation (BFE) of 13 feet and is within a VE zone.
The property is also within the Coastal Barrier Resource System L06 established on October 1,
1983.
ANALYSIS: In granting the permit, the Board of Aldermen shall make a written decision that identifies
the key facts of the case and applies these facts to the following standards. The Board must find
that all of these conditions exist or the application will be denied.
A. The use or development is located, designed and proposed to be operated so as to maintain or
promote the public health, safety, and general welfare;
Applicant’s comments: The Homeowners Association for Topsail Villas is requiring Heritage l
to construct identical structures on these lots to maintain the integrity of the project. This will
require Heritage l to construct the main structure 16’ X 34’ within the setbacks and the decks
within the plat setbacks. The 30’ ingress, egress, regress, easement would not be obstructed.
Staff’s comments: Staff is required to enforce the Town’s regulations and that of recorded plats
approved prior to the Town’s incorporation.
Location
The proposed development is within the existing Topsail Villas Section II development
approved by Onslow County on January 10, 1986, prior to the Town’s incorporation.
Design
The proposed access stairs, front and rear decks exceed the 4- foot maximum encroachment
allowed in either the original plan approved by Onslow County or by the Town’s current UDO
Sec. 5.06.
Allowing decks to encroach further than 4-feet may hamper fire safety efforts between the
rows of townhouses, as lots 18-21 appear to have already constructed decks to their rear
property line, inconsistent with the approved and recorded plat’s 10-foot rear setback.
According to NC Building Code there is a minimum of 3 feet separation between buildings to
the property line.
Operation
Individual lots and townhomes are served by unimproved roadways.
B. The use or development complies with all required regulations and standards of this Ordinance
and with all other applicable regulations;
Applicant’s comments: It is Heritage 1’s intention to develop a Planned Unit Project that was
approved by the Onslow County Board on January 10, 1986, to construct a quadraplex as the
existing structures with Topsail Villas, Sections I and II.
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Staff’s comments: The development as proposed, according to Mr. Riggs would be slightly within
the required setbacks for R-5 zoning districts. However, the setbacks as approved by Onslow
County for Topsail Villas II were a more stringent 25 feet, as recorded in Map Book 23 Page
131.
C. The use or development conforms to the plans for the land use and development of Town of
North Topsail Beach as embodied in this Ordinance and in the Town of North Topsail Beach
CAMA Land Use Plan.
Applicant’s comments: It is Heritage l’s opinion; this prior to the Town of North Topsail Beach
incorporation, as a Planned Unit Development by the Onslow County Planning Board and
therefore, should be allowed to build the structure as originally approved. It should be noted, if
the Town were to enforce the setback of the current zoning, Heritage l would be unable to
construct the same structure as required by the Homeowners Association and as approved by
the Onslow County Planning Board.
Staff’s comments: New Townhouse development is authorized by Special Use Permit approved
by the Board of Aldermen in R-10, R-8, R-5 and MHR zoning districts. Staff concurs with the
applicant that use specific standards in Sec. 4.03.03 would not apply to future development
consistent with the final plat for Topsail Villas Section II approved by Onslow County on
January 10, 1986, and current development regulations, to include but not limited to the NC
Building Code and Coastal Area Management Act. However, the application as submitted is
inconsistent with both the Onslow County approved plat, as well as the requirement by UDO
Sec. 5.06 (B) to limit the encroachment of any uncovered deck to 4 feet into any sideyard.
There is an expectation that owners of vacant lots are allowed to develop their property
contingent upon meeting the requirements of the original approval and current development
regulations of the North Carolina Building Code and the Town’s Floodplain regulations. The
proposed access stairs, front and rear decks exceed the 4-foot maximum encroachment allowed
in either the original plan approved by Onslow County or by the Town’s current UDO Sec.
5.06.
Existing and proposed development for townhouse development is consistent with the CAMA
Land Use Plan. Future Land Use Map 13B indicates the property is High Density Residential.
RECOMMENDATION: 1. That the Planning Board recommends that the Board of Aldermen deny the
request to modify the setbacks for Topsail Villas Section II, which is inconsistent with the
recorded plat approved by Onslow County and inconsistent with UDO Sec.5.06 (B).
2. And that the Planning Board recommends approval of the 4-unit townhouse construction
which meets the 25-foot front and 10-foot rear setbacks, with stairs and uncovered decks
allowed to encroach up to 4 feet, as provided for by UDO Sec. 5.06. Further, that any
development authorized must be consistent with all current regulations, i.e., UDO (including
Zoning and Floodplain Regulations), NC Building Code and CAMA regulations.
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Mr. Greg Isenhour, Agent for Heritage 1, LLC (Henry Branson) came forward to speak; he
stated there will be no part of the building that would be less three foot from the property line.
The closest part of the deck will be 3 ½ ft. from the property line. He can’t figure out why the
25’ appeared on the plat, it appears to be erroneous as this plat never went to the Onslow
County Commissioners, it was approved by the Onslow County Planning Board back in 1986.
From what he was able to find, 20 foot was the actual setbacks that were in place at the time
the plat was recorded. He is not sure where the 25 ft. setback came from. He stated with the
20 ft. setback he will be encroaching into the setback 1 ½ ft.over the 4 ft., which ends up being
about 9 sq. ft. on the uncovered deck.
Mr. Dorazio asked if the decks were cantilevered. Mr. Isenhour stated that he cannot
remember if the original plans have cantilevered decks or not. Mr. Dorazio asked if the red
line on the plans is accurate of showing the encroachment of the 4 ft. Mr. Charles Riggs
explained to the Planning Board the setbacks on the larger plat and stated that the “red line”
illustrates what the Zoning Officer allows them to encroach/rest within those setbacks. He
stated that they have a 30 ft. ingress, egress, utility easement along the street that is 15 ft. on
each side of the property line. These structures along with the decks and stairs would not rest
within any easements or right-of-ways.
Ms. Hill stated even though the plats themselves didn’t receive approval directly from the
Onslow County Commissioners, it is legal that local governments may delegate the authority to
approve plats to the Planning Boards which is what Onslow County did.
Mr. Riggs stated that the primary structure is 16’ x 34’ and does rest within the 25 ft. and the
10 ft in the rear, it was common practice in the 80’s to allow the uncovered decks to rest within
the setbacks.
Mrs. McCloud asked Mr. Riggs if he can make the townhomes conform. Mr. Riggs discussed
with the Planning Board how he could make this conform from a survey’s standpoint, whether
that is what the owner wants to do or not is up to them. Mr. Branson stated he would like to
make it better than what is out there. Aesthetically enough with Mr. Riggs opinion on this, a
trapezoidal deck will actually be bigger in square footage that what is proposed with a
rectangular deck, he thinks that would be fine, as a matter of fact it is better than he proposed.
Mr. Riggs stated technically the deck will be 9’x16’ instead of 8’x16’ which will give them 16
sq. ft more of decking.
Mr. Bowman made a motion to recommend that the Board of Aldermen approve the
construction of a 4-unit townhouse for Heritage 1, LLC at Topsail Villas Section II which
meets the 20 ft. front and 10 ft rear setbacks with stairs and uncovered decks allowed to
encroach up to 4 ft. maximum as provided for by UDO Sec. 5.06. Further, that any
development authorized must be consistent with all current regulations, i.e., UDO
(including zoning and Floodplain Regulations, NC Building Code and CAMA
regulations. Mrs. McCloud seconded the motion, motion passed unanimously.
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VI.
PLANNING BOARD and STAFF DISCUSSION: Ms. Hill stated that Judy Hills with the ECC
had to modify the plan for the South End Park as the dog park was actually in the water/marsh.
She added the Kayak launch back in to go along with the Parking lot, picnic shelter and adult
swing/glider for wildlife viewing.
Ms. Hill stated that the Board of Aldermen voted on “the size requirements of signs” at their
meeting last night, they voted that signs be 18 sq. ft.
Ms. Hill stated that the Board of Aldermen invited the Planning Board to their Retreat in February.
The date of the Retreat has been set for February 11, 2015.
VII.
ADJOURNMENT: Mr. Matthews made a motion to adjourn. Mrs. McCloud seconded the
motion, motion passed unanimously.
The Planning Board meeting adjourned at 7:31 p.m.
APPROVED
This 12th day of February, 2015
CERTIFIED
This 12th day of February, 2015
___________________
Sue Tuman- Chairman
Planning Board
_____________________
Terrie Woodle- Secretary
Planning Board
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