Board of Zoning Appeals

TOWN OF FORT MILL BOARD OF ZONING APPEALS MEETING November 25, 2019 112 Confederate Street 6:00 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES Regular Meeting: September 16, 2019 [Pages 2-6] PUBLIC HEARING ITEMS 1. CASE # 2019-1007 Applicant is requesting a variance from the zoning Chance Services LLC. ordinance to allow a reduction in the 35’ front yard 104 Short Link Street and 35’ rear yard setback requirements for principal Tax Map # 020-06-01-021 structures. Zoning District: R-10 [Pages 7-16] ITEMS FOR INFORMATION / DISCUSSION 1. 2020 Meeting Dates [Page 17] ADJOURN The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI; Fort Mill Times and WBTV. The agenda was also posted at the entrance to Town Hall the required length of time and on the Town website. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. 1  MINUTES TOWN OF FORT MILL BOARD OF ZONING APPEALS September 16, 2019 6:00 PM Present: Amber Bryant, Carolyn Blair, Ryan Helms, Chairman Jim Thomas, Terri Murray, Jody Stegall, Planner Nick Cauthen, Planning Director Penelope Karagounis Absent: Becky Campbell Guests: John Elvington (Applicant) Chairman Thomas called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. APPROVAL OF MINUTES Chairman Thomas noted he would like to add details to the minutes from the July meeting to reflect that he asked if there was anyone else that would like to speak before the public hearing was closed and being that there were no additional requests the public hearing was closed. Mr. Helms made a motion to amend the minutes of the July 9, 2019 meeting as submitted by staff with the addition of Chairman Thomas’ requested language. Mr. Stegall seconded the motion. The motion was approved by a vote of 6-0. PUBLIC HEARING ITEMS A) Variance request from Modulex Carolinas – 818 Tom Hall Street – Case # 2019-783: Chairman Thomas noted the applicant and the location of the variance request. He added that he asked staff for 2 additional photographs from the street that would show what a driver sees coming from each way on Tom Hall Street in relation to the sign, and that these would be shown at the meeting. Planner Cauthen provided a brief overview of the variance request, the purpose of which was to allow an increase in the dimensional requirements for a ground sign. Mr. Cauthen noted that according to the applicant, due to the topography of the sign’s location, its visibility from Tom Hall Street is severely restricted with the current size regulations. Mr. Stegall asked if this request was just for the road signage. Staff responded yes and the new sign would be in the same location as the old sign it is replacing. Mr. Stegall asked if the sign’s dimensions are maxed out now in relation to the UDO’s requirements. Staff stated they did not know for sure but it was very close if not. Mr. John Elvington (applicant) arrived at the meeting. 2 Mr. Elvington stated that part of his argument had to do with the fact that if the property had slightly more road frontage then the sign presented would be allowed due to increased dimensional maximums allowed with 300 ft. of road frontage. Chairman Thomas asked the applicant for his name and relationship to the company listed on the application. The applicant said his name was John Elvington and he was the owner of Modulex Carolinas (sign company). Mr. Elvington noted that Kuester Development came to him about enhancements at Tom Hall Plaza including face lifts to the buildings along with additional square footage and new signage. Visibility, size of the tenant plates, and a better contrast of colors was the goal for the new sign. The overall height of the sign was increased to get the tenants, especially on the bottom, closer to traffic eye level since the current sign’s base is below the road at this time. There is not a proposed increase in number of tenants on the sign, just larger name plates for each. Mr. Stegall asked what the uses will be. Mr. Elvington said there will be a mixture of uses including retail, office, and a possible restaurant. Mr. Stegall asked if owning an office ware-house a couple of miles away on Hwy 160 precluded him from voting on the sign. Staff responded that it is ultimately the decision of the Board member to recuse themselves but there did not appear to be any conflict if that was the only connection. Ms. Murray asked if multiple signs are allowed. Staff responded that only one sign is allowed along the road frontage for this development. Ms. Murray asked about wayfinding signs within the site and staff responded that these could potentially be allowed. Chairman Thomas asked about the vertical address on the sign. Staff responded they had no issue with that. Chairman Thomas asked about the LED lighting for the sign. Staff responded that it would be externally lit which increased the maximum allowable area to 80 sq. ft. but the proposed sign still exceeds that amount. Mr. Helms asked if the sign will be closer to the road. The applicant responded that no it would be at least 3 ft. from the right-of-way. Chairman Thomas asked if the entire grassy area between the parking lot and street could be raised. Mr. Elvington said he is not sure due to cost and drainage concern issues. He said he was recommending landscaping around the sign. Ms. Blair asked for the height of the existing sign. The applicant stated it was 7.5 ft. from finished grade to the top. 3 Ms. Bryant asked if the sign material would be the same as the existing sign. The applicant stated it would be 100% fabricated aluminum, the faux stone from the existing base would be removed, paint colors of the sign will match the new paint schemes of the buildings. Chairman Thomas opened the public hearing portion of the meeting, being that there were no requests made, the public hearing was closed. Chairman Thomas asked if there were any additional comments or questions. Being none, Mr. Thomas called for voting on the four criteria required in granting a variance, specific to the applicant’s request. Mr. Thomas called for a motion on whether or not there were extraordinary and exceptional conditions pertaining to the particular piece of property. Ms. Murray made a motion that there were extraordinary and exceptional conditions pertaining to the particular piece of property. Ms. Blair seconded the motion. The motion passed by a vote of 4-2 (Murray and Helms opposed). Mr. Stegall said he read if you have 300 ft. of road frontage you could have a larger sign. Mr. Helms asked if there are any other 250 ft. linear feet of road frontage properties in the area. Chairman Thomas said there is a bank that may be close, not sure about the gas station nearby. Mr. Stegall noted that to his knowledge all signs in the immediate area are close to the same size. Staff said the monument sign requirement is standard across Town. Mr. Stegall asked if granting the variance would give the property an unfair advantage. Staff responded that decision is up to the Board. Chairman Thomas noted the issue is the number of tenants in the developments, individual uses have no issue meeting the requirements of the UDO. Ms. Blair agreed. Chairman Thomas said he cannot read the tenants on the sign as is. Mr. Helms stated that is the main reason the applicant is asking for the variance. Mr. Thomas called for a motion on whether the conditions apply to other property in the vicinity. Mr. Helms made a motion that the conditions do not generally apply to other property in the vicinity. Ms. Bryant seconded the motion. The motion passed by a vote of 4-2 (Stegall and Murray opposed). Mr. Thomas called for a motion on whether the application of the ordinance effectively prohibits or unreasonably restricts the utilization of the property. Ms. Murray made a motion that the application of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property. Mr. Helms seconded the motion. The motion passed by a vote of 5-1 (Murray opposed). Mr. Thomas called for a motion on whether the authorization of a variance would be of substantial detriment to adjacent property or to the public good, and whether the character of the district would be harmed by the granting of the variance. Mr. Stegall made a motion that the authorization of a variance would not be of substantial detriment to adjacent property or to the public good, and that the character of the district would not be harmed by the granting of the variance. Mr. Helms seconded the motion. The motion passed by a vote of 5-1 (Murray opposed). 4  Mr. Thomas called for a motion on whether or not to grant the variance. Ms. Bryant made a motion to grant the variance in order to allow an increase in the height and allowable area of the proposed sign for Tom Hall Plaza. Ms. Blair seconded the motion. The motion failed by a vote of 3-3 with Mr. Helms, Ms. Murray, and Mr. Stegall opposed. There being no further business, the meeting was adjourned at 6:30 p.m. Respectfully submitted, Nick Cauthen Planning Department September 26, 2019 5 6  Town of Fort Mill Board of Zoning Appeals Item for Action Item #1 CASE # 2019-1007 Applicant is requesting a variance from the Chance Services LLC. zoning ordinance to allow a reduction in the 35’ 104 Short Link Street front yard and 35’ rear yard setback requirements Tax Map # 020-06-01-021 for principal structures. Zoning District: R-10 [Pages 7-16] Background / Discussion The Town has received a variance request from Chance Services LLC. for a proposed non- conformity related to the construction of a single-family house (a “principal use”) at 104 Short Link Street. The Town’s code enforcement officer served a written notice of violation regarding the property’s current dilapidated structure on October 24, 2019. The existing structure has a hole in the roof among other items. The applicant intends to demolish the existing structure and construct a new house. The purpose of the request is to permit a reduction in the front yard setback requirement from 35’ to 11’ for the principal structure. Additionally, the request is to permit a reduction in the rear yard setback requirement from 35’ to 10’ for the principal structure. The current setback requirements cannot be met due to the size of the lot. Article II, Section 2(5) of the Town’s Zoning Ordinance outlines the following setback requirements for principal structures: D) Minimum front yard depth measured from the nearest street right-of-way line: R-10— 35 feet. F) Minimum rear yard: R-10 Principal structure is 35 feet. Pursuant to Section 6-29-800(A)(2) of the SC Code of Laws, the Board of Zoning Appeals has the power to: Hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings: (a) there are extraordinary and exceptional conditions pertaining to the particular piece of property; (b) these conditions do not generally apply to other property in the vicinity; 7  (c) because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and (d) the authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance. (i) The board may not grant a variance, the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, if a variance is granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning ordinance. A local governing body by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district, and if it does permit a variance, the governing body may require the affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the local governing body may overrule the decision of the local board of adjustment concerning a use variance. (ii) In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare. Submitted by: Nick Cauthen Planner II November 13, 2019 8 9 10 11 12 York County Tax Map # 020-06-01-021 Zoning Map York County Tax Map # 020-06-01-021 Aerial Map 13 SUBJECT PROPERTY 14 ADJACENT PROPERTY (ACROSS STREET) 15 View of Short Link Street from Link Street. (Subject property not pictured) 16  Board & Commission Meeting Dates 2020 2nd Tuesday - 4:30 PM 3rd Monday - 6:00 PM 3rd Tuesday - 6:30 PM Month Historic Review Board Board of Zoning Appeals Planning Commission January 01/14/20 01/20/20 01/21/20 February 02/11/20 02/17/20 02/18/20 March 03/10/20 03/16/20 03/17/20 April 04/14/20 04/20/20 04/21/20 May 05/12/20 05/18/20 05/19/20 June 06/09/20 06/15/20 06/16/20 July 07/14/20 07/20/20 07/21/20 August 08/11/20 08/17/20 08/18/20 September 09/08/20 09/21/20 09/15/20 October 10/13/20 10/19/20 10/20/20 November 11/10/20 11/16/20 11/17/20 December 12/08/20 12/21/20 12/15/20 Application Deadline 3 Weeks Before Meeting Date 3 Weeks Before Meeting Date 3 Weeks Before Meeting Date All meetings will take place in Fort Mill Town Council Chambers, 112 Confederate Street, Fort Mill, SC 29715. Meeting agendas will be posted to the town's website (www.fortmillsc.gov) no later than the Friday before each meeting. For more information, or to be added to the Town of Fort Mill's agenda distribution list, please contact: Penelope G. Karagounis (Planning Director) at 803-835-1160 or pkaragounis@fortmillsc.gov 17