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Home My WebLink About8-25-08 LEGAL LETTER CALVIN HAMM.TIFCatawba Count♦ Legal Departm cnt W 'f h,h" Reuel awn ,_ DRC C d cl d' A.p., o. Cwr- V' Ana a P. .. .. Je Ty 'Unp..acr,ey 5r.&_carcbn. Ctnf'd P.o:og I August 25, 2008 Wells Fargo Bank, NA 9062 Old Annapolis Road Columbia, MD 21045 RE: Propenv located at 3484 Rock Creek Drive. Newton, NC Dear Sir or Madam Please be advised that I represent Catawba County. I am contacting you in reference to the Substitute Trustee's Deed recorded in Deed Book 2929, at Page 1828 in the Office of the Register of Deeds, Catawba County, North Carolina. The subject property of this deed is parcel identification number 2697 -01 -48 -7097 located at 3484 Rock Creek Drive in Newton, North Carolina. Our office has been retained to resolve a zoning violation that exists at the above - referenced property, more specifically a violation of Catawba County Code Section 44 -318 (a copy of which is enclosed for your reference) as it pertains to zoning authorization permits. It appears from the aforementioned Deed. that your company is the current owner of dais property. I appreciate your time and assistance in resolving this violation and if there is anything further you require of me, please on not hesitate to contact me. Sincerelv. Anna Mane Pease Attorney for Catawba County ,/Cc: Ronda Gomez, Code Compliance Technics= Post n it B x384 1100.1 somh N- sFLLtonlcvsd Nnwmq _North Carolina 28fi5g 'ralephone.(828) 365 -8483 Fex:(825)465 -8464 Sec _44 -315. Zoning authorza[on permit. dal Ayyr$vi5iiitti. ( I) A zoning authorization permit is required for all residential and nun- asiden ial development Ieguhned under this caapter, including developments approved by IegisILGvc 01 quasi- judicial board action. (2) No new development activity, change of use or extension of existing uses shall occur until all permits applicable to the proposed development are issued. (1) Awning authorization permit is required prior to beginning the excavation for the consnuctonit on the moving, or alteration, except ordinary repairs. Repairs or alterations within it flood plain are subject to a zoning authorization permit. (b) Gie (I) All /cattle authorization permit applications ni he made in writing to theplanmtng director on forms provided for that purpose. The planning director will keep n record of all applications on file. (2) Irverp application fora single-family residential zoningauthorization permit for consnuctieu, moving, denrton, or change in type of use must include a plot plan drawn to scale, showirg the following 5n sufficient detail to enable the planning director to ascertain whether the proposed work or users in conformance with this chapter: n. The actual slope, location, and dimenZOns of the, lot, or if the lot is not a lot of record, sufllcicnr data must be provided to detail that the lot is a legally approved Lot: and h. I fie shape, size, and location of all buildings or other structures to be erected, altered, or moved and of any other buildings or other structures already on the Lot and c. The existing and intended use of the lot and all structure upon fl: and d Other information concerning the Lot, adjoining lots, or other matter to determine ucmp'iance with this chapter. The zoning authorization permit must include necessary hibernation for the planning director to make a determination that the plans are in conformance with this chapter. (3) when two or more lots are proposed for one zoning authorization permit, a recorded deed nest be sul combining the lots into one zoning lot. (4) A parcel of land created by deed recorded after July 31, 1982, shall not be occupied until inch in shall have a subdivision plat approved by the county in accordance with the subdivision ;' egulations that ware In place at the dare of the creation of the deeded lot. (5) A legal lot creredand recorded on or before March 18, 1996. must have an access easement which has been recorded in the office of the register of deeds. The easement must be a minimum of 15 feet in rvidth and connect to a state- maitratned mad. (6) A legit for created and recorded after March 18, 1996, must have a minimum 45 -foot right - of-way connecting to a stale-maintained road. An exception to this requirement is lots created far an estate settlement or Lots exempt from subdivision regulations in accordance with subsection 44-341(a), which must have a minimum 15 -foot access easement as required in subsection (5) above. i]) Azoning authorization permit will not be issued for a principal or accessor% Tesidential shuemi within a recorded platted easement. such as a comnhon area ce lake access lot An exception is allowed for a boat dock. boathouse oreommunity recreation facility in association with the intended purpose of the recorded easunent. (8) A zoning authorization pearl t must be issued before the Issuance of environmental health and building permits. (ej Issuance_ (1) The planningdirecmr shall aonsull with applicable agencies, including but not limited to, the county engineer, the county divikon of environmental health, NCDOT, and NCDENR. (2) 1 he planning director shall not issue a zoning authorization permit unless a determination is mode that all plans, mecifications, and the intended use of the structures and land subject to the application conform in all respects to this chapter. (d) A1m7n7arrzezve (1) Administrative decisions arc routine, nondiscrctionary , zoning, orimplemeotarion matters tamed out by the staff, including issuance of rse m O for permitted uses. The pli min, department is an administrative agent following the literal provisions of this chapter. (2) Theelavnib department may engagein some fact finding, (for example, as in making an initial de'crmmation as to whether a nonconforming use was in existence at the time a zoning provision was adopted). This involves determining objective facts that do not involve an element of diamccmm (3) In contrast to quasi - judicial hearings, admimistrila ve decisions are made without a hearing at all, wilh the staff member reviewing an application to derernilne if it is complete and compliant with objective standards set forth in this chapter. (e) F.rpsration. Zoning authorization permits expire mx months from the date of issuance unless val d building permit has been issued for the work authorized by the zoning authorization permit. When a building permit expires. the zoning authorization permit shall also automatically expire. (Ord. No. 1 00 - 11-001, 2 -5 -2007)