CAROLINA BEACH –– A developer that has yet to break ground on a 36-condo development near the Carolina Beach marina is now requesting an extension to its expiring special use permit from the town.
Plans for Harbor View, planned for 402 N. Lake Park Blvd. near the Domino’s Pizza off St. Joseph Street, were initially approved Oct. 8, 2019 through a conditional use permit, now referred to by the town as special use permits. However, in the subsequent two years, no work began and no additional permits were pulled for the project.
Special use permits become “null and void” when construction or occupancy of a proposed use has not commenced within two years of their issuance, according to the town council’s agenda for its meeting Tuesday. Permittees may seek an extension of up to 12 months if they can prove “good cause.”
Applicant Charles Poindexter is requesting the year-long continuation on behalf of the landowner Robert Huth of Pelican Point Development, LLC.
Town council will consider the proposal Tuesday during its regular meeting at 6:30 p.m.
This is not the first time the applicant has sought a permit for condos on this property from the town’s council members. In 2004 residences existing on the land were demolished, and in 2006, 32 two-bedroom units were approved for the lot under the current ownership. The residences never materialized.
The applicant obtained a permit in 2015, good for two years, for a 52-foot tall structure with 36 one-bedroom units. That authorization expired in 2017 after stalled progress.
In October 2019 the applicant petitioned for a new permit with several changes and amendments to the town’s height regulations to ensure the building could reach the top of its planned elevator shaft. Permits were approved for a 57-foot-tall, four-story building on pilings with 28 one-bedroom units and eight two-bedroom units. It included plans for a waterfront pool and 48 parking spaces. That permit expires within the next month.
Applicant Poindexter wrote on his latest application that his attorney is still working toward a resolution on two conditions with town attorney Noel Fox. Town planning director Jeremy Hardison said his understanding is the stipulations placed on the permit, recommended by staff and accepted by council, were unfavorable to the applicant at the time of approval.
One condition required the developer to incorporate a street stub, a road end kept open to allow for possible access between the condos and future development to the south. Currently, Domino’s is located on the neighboring site. Poindexter was initially worried about delivery drivers coming through the complex but was told he could maintain a hard curb.
“I have to think about their [residents’] future enjoyment,” Poindexter said during the 2019 meeting. “They’re going to connect into my parking lot. What’s the point in connecting into my parking lot?”
Secondly, the plans were approved on the condition that the developer reserve a 10-foot easement on the rear of the property in case the town ever expanded the marina walkway, accessible to the public. The applicant said at the time he would need to deconstruct an existing pier on the property for the town to extend the walkway. Poindexter proposed a compromise to agree to grant an easement in the future if and when the marina walk became a “viable alternative,” rather than encumbering the property in the present.
“‘Cause just giving up 10 feet of property to the Town of Carolina Beach doesn’t sound like a very good idea to me,” Poindexter said during the 2019 meeting.
At the time the plans were approved with the conditions recommended by staff, two council members said after the 4-1 vote they were still struggling with the easement condition.
Hardison said on a call Monday those two provisions are not up for discussion during Tuesday’s continuation consideration.
“All they’re considering is an extension to the conditional use permit that would allow him to build,” Hardison said.
The applicant could not be reached by press time.
Port City Daily reported in 2018 the development is expected to target second homeowners from Raleigh and Charlotte, as well as singles who want to live at the beach but are unable to find affordable housing.
Tuesday’s meeting is open to the public. Attendees can watch live on YouTube or in the Council Chambers, located at 1121 N. Lake Park Blvd.
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