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Staff Use Only: <br />PLANNING STAFF REPORT Approved: ____ <br />CABARRUS COUNTY PLANNING AND ZONING COMMISSION Denied: ____ <br /> Tabled ____ <br /> <br />Petition: APPL2021-00001 <br />Appeal of Interpretation of Cabarrus County Zoning and Subdivision Ordinances <br />Appellant Information: Connie Arstark <br />Zoning: Agriculture Open <br /> <br />Property Location: 3233 Hahn Scott Road <br /> Mount Pleasant NC 28124 <br /> <br />PIN#: 5589-24-3362 <br /> <br />Request: Appellant is contesting a Notice of Violation issued for <br /> construction of a structure without permits, disturbance of the <br /> required water body buffers and wetland disturbance. <br /> <br />Noticing Letters sent: February 21, 2022 <br /> Newspaper Ad: February 23, 2022 <br /> March 2, 2022 <br /> Sign Posted: February 21, 2022 <br /> <br />History <br />7/7/2020 Senior Enforcement Officer James Lowe (Officer Lowe) visited the site to discuss the <br />setbacks for the house with the property owner.An accessory structure was located on the <br />property at that time. Permits were not issued for the structure. At that time, Officer Lowe <br />advised the Appellant that permits would beneeded for the structure. <br />9/25/2020 A complaint was filed with Planning and Development regarding a building being <br />constructed without permits. When Officer Lowe visited the sitethat same day, it was <br />determined that an accessory structure had been constructed without the proper permits. He <br />also observed grading and tree removal in the required Waterbody Buffer. It also appeared that <br />the newly constructed structure was encroaching into the required Waterbody Buffer Zone <br />area. (See Site Photo dated September 25, 2020) <br /> <br />Per the Cabarrus County Development Ordinance (CCDO), accessory structures are not <br />permitted unless there is a primary structure on site. <br />Per the CCDO, undisturbed buffers are required on all perennial streams as well as any <br />ponds located along those streams. Wetlands also must be buffered. <br />Officer Lowe talked with the property owner and suggested that work be stopped pending a <br />survey of the site and required buffer areas to determine the level of encroachment and where <br /> <br />