Pender County Planning and Community Development

Planning Division 805 S. Walker Street

PO Box 1519

Burgaw, NC 28425

Phone: 910-259-1202

Fax: 910-259-1295 www.pendercountync.gov

Demetrius Batts- Hardison Drive

Variance

Case Number: VAR 2021-06

Application Type: Variance

Applicant: Demetrius Batts

Owner: Demetrius Batts

Location: Hardison Drive in the Topsail Township, approximately 0.1 mile on the right from

intersection with US HWY 17.

Property ID #(s): 4226-63-6320-0000

Description: Request for relief from the minimum required setbacks in the RP, Residential

Performance zoning district.

Current Zoning: RP, Residential Performance

Technical Review Committee Meeting

N/A

Board of Adjustment Meeting

November 17, 2021

Application Materials

Application Package

Project Narrative

NC DOT Acquisition Survey

APPLICATION PACKAGE

DocuSign Envelope ID: 4C72A40F-41E1-4C97-9432-B6C3900C7461

DocuSign Envelope ID: 4C72A40F-41E1-4C97-9432-B6C3900C7461

DocuSign Envelope ID: 4C72A40F-41E1-4C97-9432-B6C3900C7461

DocuSign Envelope ID: 4C72A40F-41E1-4C97-9432-B6C3900C7461

DocuSign Envelope ID: 4C72A40F-41E1-4C97-9432-B6C3900C7461

Demetrius Batts

9/21/2021

9/21/2021

Demetrius Batts

9/21/2021

DocuSign Envelope ID: 4C72A40F-41E1-4C97-9432-B6C3900C7461

PROJECT NARRATIVE

Demetrius Batts 9/2/2021

40 Hardison Drive

Hampstead, NC 28443

(910)612-9119

Narrative required with Application for Variance of Article 4.14-Zoning District Dimensional

Requirements, RP/Minimum Front Yard 30’, Side Yard 10’, and Rear Yard 25’ setbacks.

Demetrius Batts ask for variance to the above setback requirements to be reduced for the purpose of

constructing a home with a building envelope of approximately 72’LX44’W.

The current lot is restricted by a proposed NCDOT cul-de-sac to the North and two (2) existing access

gravel roads to the east which serve neighboring homes to the south and east.

Due to the shape of the lot, specifically the proposed NCDOT cul-de-sac to the north, Mr. Batts cannot

maintain the 30’ setback from the front (northern) property line if a setback of 25’ from the rear

(southern) property line is maintained. Also, due to the existing access gravel roads to the east, a

placement of the house on the eastern side of the lot will result in a public safety hazard for the Batts

family and for vehicles traveling to neighboring homes. Also, the septic field has been approved for the

western side of the lot only, any other placement of the house would result in a pump being installed to

pump uphill to the approved septic location.

Mr. Batts appreciates your consideration in this variance application process. At the end of the day there

is only one location on the lot that the newly constructed home can be placed. The example plot plan

will be presented at the time of the hearing.

SITE PLAN(S)

NAD

83

(NSR

S 20

11)

NCD

OT

MAP

#34

0-P

LAND SURVEYOR:DWIGHT E. ASHLEY, PLS

LEGEND NOTES

1. THE PURPOSE OF THIS SURVEY IS FOR PLOT PLAN ONLY ON LOT 12-A.2. AREA BY COORDINATE COMPUTATION METHOD.3. ALL DISTANCES ARE US SURVEY FOOT HORIZONTAL GROUND DISTANCES (UNLESS OTHERWISE NOTED).4. PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, AND AGREEMENTS OF RECORD

THAT MAY BE REVEALED IN A FULL TITLE REPORT. A FULL TITLE SEARCH WAS NOT PERFORMED AS PART OF THIS SURVEY.5. LOT 12-A DOES NOT APPEAR TO BE LOCATED IN A SPECIAL FLOOD HAZARD ZONE, (ZONE "X") AS SHOWN ON FEMA

FLOOD INSURANCE RATE MAP 3720422600J, MAP EFFECTIVE 02/16/2007 AND https://fris.nc.gov..6. BUILDING SETBACKS REFERENCED FROM PENDER COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) SECTION 4.14 FOR

ZONING DISTRICT "RP".7. HOUSE FOOTPRINT AND SEPTIC AREA PROVIDED BY OTHERS.

ACRESAREA TABLE SQ. FT.

2,520

NNCERTIFICATION

I, DWIGHT E. ASHLEY, CERTIFY THAT THIS PLOT PLAN WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED INBOOK 1564, PAGE 249); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED ASBROKEN LINES; THAT THE RATIO OF PRECISION IS 1: 10,000+; AND THAT THIS MAP MEETS THEREQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINAG.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER, AND SEAL THIS26TH DAY OF AUGUST, A.D., 2021.

,

DWIGHT E. ASHLEY, PLS L-5263

BOUNDARY PARCELSTREET RIGHT OF WAYADJACENT PARCELSETBACK LINEOVERHEAD LINEEASEMENT LINE

IRON PIPE FOUND (IPF)IRON REBAR SET (IRS)IRON PIPE SET (IPS)CONCRETE MONUMENT (CM)NCDOT MONUMENT

ABBREVIATIONS:DB - DEED BOOKMB - MAP BOOKR/W - RIGHT OF WAYSF - SQUARE FEETAC - ACRESCP - COMPUTED POINT

ZONED: RPFRONT - 30'SIDE - 10'REAR - 25'

HOUSE FOOTPRINT

NAD

83

(NSR

S 20

11)

NCD

OT

MAP

#34

0-P

LAND SURVEYOR:DWIGHT E. ASHLEY, PLS

LEGEND NOTES

1. THE PURPOSE OF THIS SURVEY IS FOR PLOT PLAN ONLY ON LOT 12-A.2. AREA BY COORDINATE COMPUTATION METHOD.3. ALL DISTANCES ARE US SURVEY FOOT HORIZONTAL GROUND DISTANCES (UNLESS OTHERWISE NOTED).4. PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, AND AGREEMENTS OF RECORD

THAT MAY BE REVEALED IN A FULL TITLE REPORT. A FULL TITLE SEARCH WAS NOT PERFORMED AS PART OF THIS SURVEY.5. LOT 12-A DOES NOT APPEAR TO BE LOCATED IN A SPECIAL FLOOD HAZARD ZONE, (ZONE "X") AS SHOWN ON FEMA

FLOOD INSURANCE RATE MAP 3720422600J, MAP EFFECTIVE 02/16/2007 AND https://fris.nc.gov..6. BUILDING SETBACKS REFERENCED FROM PENDER COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) SECTION 4.14 FOR

ZONING DISTRICT "RP".7. HOUSE FOOTPRINT AND SEPTIC AREA PROVIDED BY OTHERS.

ACRESAREA TABLE SQ. FT.

2,520

NNCERTIFICATION

I, DWIGHT E. ASHLEY, CERTIFY THAT THIS PLOT PLAN WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED INBOOK 1564, PAGE 249); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED ASBROKEN LINES; THAT THE RATIO OF PRECISION IS 1: 10,000+; AND THAT THIS MAP MEETS THEREQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINAG.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER, AND SEAL THIS26TH DAY OF AUGUST, A.D., 2021.

,

DWIGHT E. ASHLEY, PLS L-5263

BOUNDARY PARCELSTREET RIGHT OF WAYADJACENT PARCELSETBACK LINEOVERHEAD LINEEASEMENT LINE

IRON PIPE FOUND (IPF)IRON REBAR SET (IRS)IRON PIPE SET (IPS)CONCRETE MONUMENT (CM)NCDOT MONUMENT

ABBREVIATIONS:DB - DEED BOOKMB - MAP BOOKR/W - RIGHT OF WAYSF - SQUARE FEETAC - ACRESCP - COMPUTED POINT

ZONED: RPFRONT - 30'SIDE - 10'REAR - 25'

HOUSE FOOTPRINT

NAD

83

(NSR

S 20

11)

NCD

OT

MAP

#34

0-P

LAND SURVEYOR:DWIGHT E. ASHLEY, PLS

LEGEND NOTES

1. THE PURPOSE OF THIS SURVEY IS FOR PLOT PLAN ONLY ON LOT 12-A.2. AREA BY COORDINATE COMPUTATION METHOD.3. ALL DISTANCES ARE US SURVEY FOOT HORIZONTAL GROUND DISTANCES (UNLESS OTHERWISE NOTED).4. PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, AND AGREEMENTS OF RECORD

THAT MAY BE REVEALED IN A FULL TITLE REPORT. A FULL TITLE SEARCH WAS NOT PERFORMED AS PART OF THIS SURVEY.5. LOT 12-A DOES NOT APPEAR TO BE LOCATED IN A SPECIAL FLOOD HAZARD ZONE, (ZONE "X") AS SHOWN ON FEMA

FLOOD INSURANCE RATE MAP 3720422600J, MAP EFFECTIVE 02/16/2007 AND https://fris.nc.gov..6. BUILDING SETBACKS REFERENCED FROM PENDER COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) SECTION 4.14 FOR

ZONING DISTRICT "RP".7. HOUSE FOOTPRINT AND SEPTIC AREA PROVIDED BY OTHERS.

ACRESAREA TABLE SQ. FT.

2,520

NNCERTIFICATION

I, DWIGHT E. ASHLEY, CERTIFY THAT THIS PLOT PLAN WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED INBOOK 1564, PAGE 249); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED ASBROKEN LINES; THAT THE RATIO OF PRECISION IS 1: 10,000+; AND THAT THIS MAP MEETS THEREQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINAG.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER, AND SEAL THIS26TH DAY OF AUGUST, A.D., 2021.

,

DWIGHT E. ASHLEY, PLS L-5263

BOUNDARY PARCELSTREET RIGHT OF WAYADJACENT PARCELSETBACK LINEOVERHEAD LINEEASEMENT LINE

IRON PIPE FOUND (IPF)IRON REBAR SET (IRS)IRON PIPE SET (IPS)CONCRETE MONUMENT (CM)NCDOT MONUMENT

ABBREVIATIONS:DB - DEED BOOKMB - MAP BOOKR/W - RIGHT OF WAYSF - SQUARE FEETAC - ACRESCP - COMPUTED POINT

ZONED: RPFRONT - 30'SIDE - 10'REAR - 25'

HOUSE FOOTPRINT

NAD

83

(NSR

S 20

11)

NCD

OT

MAP

#34

0-P

LAND SURVEYOR:DWIGHT E. ASHLEY, PLS

LEGEND NOTES

1. THE PURPOSE OF THIS SURVEY IS FOR PLOT PLAN ONLY ON LOT 12-A.2. AREA BY COORDINATE COMPUTATION METHOD.3. ALL DISTANCES ARE US SURVEY FOOT HORIZONTAL GROUND DISTANCES (UNLESS OTHERWISE NOTED).4. PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS, AND AGREEMENTS OF RECORD

THAT MAY BE REVEALED IN A FULL TITLE REPORT. A FULL TITLE SEARCH WAS NOT PERFORMED AS PART OF THIS SURVEY.5. LOT 12-A DOES NOT APPEAR TO BE LOCATED IN A SPECIAL FLOOD HAZARD ZONE, (ZONE "X") AS SHOWN ON FEMA

FLOOD INSURANCE RATE MAP 3720422600J, MAP EFFECTIVE 02/16/2007 AND https://fris.nc.gov..6. BUILDING SETBACKS REFERENCED FROM PENDER COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) SECTION 4.14 FOR

ZONING DISTRICT "RP".7. HOUSE FOOTPRINT AND SEPTIC AREA PROVIDED BY OTHERS.

ACRESAREA TABLE SQ. FT.

2,520

NNCERTIFICATION

I, DWIGHT E. ASHLEY, CERTIFY THAT THIS PLOT PLAN WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED INBOOK 1564, PAGE 249); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED ASBROKEN LINES; THAT THE RATIO OF PRECISION IS 1: 10,000+; AND THAT THIS MAP MEETS THEREQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINAG.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER, AND SEAL THIS26TH DAY OF AUGUST, A.D., 2021.

,

DWIGHT E. ASHLEY, PLS L-5263

BOUNDARY PARCELSTREET RIGHT OF WAYADJACENT PARCELSETBACK LINEOVERHEAD LINEEASEMENT LINE

IRON PIPE FOUND (IPF)IRON REBAR SET (IRS)IRON PIPE SET (IPS)CONCRETE MONUMENT (CM)NCDOT MONUMENT

ABBREVIATIONS:DB - DEED BOOKMB - MAP BOOKR/W - RIGHT OF WAYSF - SQUARE FEETAC - ACRESCP - COMPUTED POINT

ZONED: RPFRONT - 30'SIDE - 10'REAR - 25'

HOUSE FOOTPRINT