Board of Zoning Appeals Zoning

BOARD OF ZONING APPEALS - ZONING Tuesday, June 18 , 2019 A meeting of the Board of Adjustment-Zoning was held this date at 5:20 p.m. in the Public Meeting Room, First Floor at 2 George Street (Gaillard Center Municipal Building). Notice of this meeting was sent out to the news media. PRESENT Board: Mr. Leonard Krawcheck, Chair, Mr. Michael Robinson, Mr. John Lester, Mr. Ross Appel, and Ms. Allison Grass. Staff: Mr. Lee Batchelder, Zoning Administrator and Mrs. Pennye Ashby, Zoning Planner. The Chair called the meeting to order and explained the rules for the zoning variance criteria and the four member rules. The Chair swore in those present. All materials and conditions distributed are on file and part of the record in the Zoning Division. The Chair stated the matter of was 678 Wampler Drive was deferred. A. Applications advertised for previous Board of Zoning Appeals-Zoning agendas but , deferred. For information on these applications, call 724- 7177. 125 SIMONS ST. (WAGENER TERRACE) (463-11-04-082) 1. Request special exception under Sec. 54-110 to allow a vertical extension (studio/bath/closet/stairs) to a non-conforming building footprint (garage) that does not meet required rear and west side setback (25-ft. and 9-ft. required). 2. Request variance from Sec. 54-306 (A) to allow a vertical extension (2nd story) that exceeds the required one and one-half story limitation for a residential zoned property. Zoned SR-2 Owner/Applicant-Will Waterhouse Staff: The applicant requested approval of a vertical extension for a studio, bath closet and stairs to the existing accessory structure. Staff felt it reasonable to allow ½ story living space above the accessory building. There was no adverse impact on light and air. That the applicant met the variance and special exception requirements. Approval was recommended. Applicant : Mr. Will Waterhouse, the applicant presented.  Board of Zoning Appeals - Zoning Tuesday, June 18, 2019 Page 2 In opposition : Present in opposition to the request was Bryan Bryant, 10 Middleton Court. Motion : On motion of Mr. Robinson, seconded by Mr. Lester, the Board voted to deny the requests. The vote was not unanimous Mr. Appel voted nay. 317 SAVANNAH HWY (421-07-00-003) 1. Request a second one-year extension of a vested right that expires on December 4, 2019, pursuant to Sec. 54-962. Vested right pertains to a special exception granted under Sec. 54-220 on December 4, 2007 for a 150-unit accommodations use in a GB-A (General Business-Accommodations) zone district. Owner-Riverview Ventures, LLC/Applicant-Womble Bond Dickinson (US) LP Staff: Mr. Batchelder stated this and the next application were requests for extension of vested rights. Mr. Batchelder stated staff neglected to put on the record a statement, though requested by the applicant. The City request deferral to give City Council an opportunity to consider this and other properties and insert language that affect existing approved vested rights by amending the accommodation regulations for hotels. Staff recommended deferral until such time City Council has an opportunity to review these matters at the least until September. Applicant : James Wilson, attorney representing both Riverview Ventures and Spring Street Ventures the applicants presented. Motion : On motion of Mr. Robinson, seconded by Mr. Robinson, the Board voted unanimously to approve the request. 246 SPRING ST. (WESTSIDE) (460-10-02-005) 1. Request a second one-year extension of a vested right that expires on December 31, 2019, pursuant to Sec. 54-962. Vested right pertains to a special exception granted under Sec. 54-220 on December 18, 2012 for a 125-unit accommodations use in a MU-2/WH (Mixed Use Work Force Housing) zone district. Owner-Spring Street Ventures, LLC/Applicant- Womble Bond Dickinson (US) LP Staff: Mr. Batchelder conveyed the comments from the prior application applied to this request. Applicant : James Wilson, attorney representing both Riverview Ventures and Spring Street Ventures the applicants presented.  Board of Zoning Appeals - Zoning Tuesday, June 18, 2019 Page 3 Motion : On motion of Mr. Robinson, seconded by Mr. Appel, the Board voted unanimously to approve the request. B. New Applications: 42 MOULTRIE ST. (NORTH CENTRAL) (463-15-04-035) 1. Request variance from Sec. 54-208.2 to allow one Residential Short Term Rental unit that does not provide the required one (1) off-street parking space for the STR unit and does not provide the required two (2) off-street parking spaces for the existing single-family use for this property. Zoned DR-2F Owner/Applicant-Suzanne Allen Staff: The applicant request approval of one residential short-term rental unit. However, the applicant was unable to provide the required parking spaces. Staff recommended denial of the request. Applicant : Suzanne Allen, the applicant presented. Also present in favor of the request was Bryan Bryant, owner of 8 Hormel Place. In opposition : Present in opposition to the request was Anna Catherine Carrol, Historic Charleston Foundation. Motion : On motion of Mr. Robinson, seconded by Mr. Lester, the Board voted to deny the request. The vote was not unanimous Mr. Appel voted nay. 673 WAMPLER DR. (EASTWOOD) (454-02-00-004) 1. Request variance from Sec. 54-208.3 to allow an existing Residential Short Term Rental unit to exceed four (4) adults. Zoned SR-1 Owner/Applicant-James B. Arnold Deferred 20 S. BATTERY ST. (CHARLESTOWNE) (457-16-02-052) 1. Request special exception under Sec. 54-110 to allow a change to a non- conforming inn use, by allowing the re-arrangement of 11 existing inn rooms in the main house and dependency that will not result in an increase to the number of inn rooms. Zoned SR-3 Owner-Charleston Properties: South Battery, LLC /Applicant-Capers Barr, III Staff: The applicant requested approval of a special exception to allow a rearrangement of eleven existing inn rooms in the main house and dependency.  Board of Zoning Appeals - Zoning Tuesday, June 18, 2019 Page 4 Staff felt there was not an unreasonable intensification, approval was recommended. Applicant : No one present spoke in favor and/or opposition to this request. Motion : On motion of Mr. Grass, seconded by Mr. Appel, the Board voted unanimously to approve the request. 570 KING ST. (CANNONBOROUGH/ELLIOTBOROUGH) (460-08-04-052) 1. Request variance from Sec. 54-213, k to allow a sidewalk café on a sidewalk that does not meet the minimum sidewalk width requirement of 15 feet and minimum clear pedestrian path width requirement of 10 feet. Sidewalk width varies from 7-feet to 11 feet and clear pedestrian path varies from 4.5 feet to 7.5 feet. Zoned MU-2/WH. Owner-Lamar Bonaparte/Applicant-Michael Sanders Staff: Mr. Batchelder conveyed to the Board, the applicant was present however due to the length of the meeting left early. Applicant : No one present spoke in favor and/or opposition to this request. Motion : On motion of Mr. Lester, seconded by Mr. Robinson, the Board voted unanimously to defer the request to the next meeting of the Board. There being no further business, the meeting adjourned at 6:55 p.m. _________________________ _________________________ Zoning Division Vanessa Ellington For the Clerk of Council