Board of Zoning Appeals
Regular MeetingFort Mill, SC · February 15, 2021
Minutes
MINUTES
TOWN OF FORT MILL
BOARD OF ZONING APPEALS
February 15, 2021
6:00 PM
Present: Amber Bryant, Chairman Jim Thomas, Jody Stegall, Becky Campbell, Terri
Murray, Carolyn Blair, Planner Nick Cauthen, Planning Director Penelope
Karagounis, Planner Zach Driggers
Absent: N/A
Guests: Chris Suter, Sandi Suter, Alexa Maddox, Harman Gill, Scott Russell
Chairman Thomas called the meeting to order at 6:00 p.m. and welcomed everyone in
attendance. Ms. Karagounis noted alternate viewing and public hearing options for the meeting.
Live Viewing Online: Please visit www.fortmillsc.gov Public Access by Phone: Dial (toll free)
1-877-309-2073 and use access code 247-181-837 and in person public hearing located at 200
Tom Hall Street (outside of Town Hall).
APPROVAL OF MINUTES
Chairman Thomas called for a motion to approve the minutes of the January meeting. Mr. Stegall
made a motion to approve the minutes as submitted by staff. Ms. Blair seconded the motion. The
motion was approved by a vote of 6-0.
PUBLIC HEARING ITEMS
1. Variance request from Chris & Sandi Suter – 102 Howington Circle:
Mr. Cauthen provided a brief overview of the variance request, as described in the
Agenda packet. The request is to allow a detached garage in front of a principal structure.
The applicant stated a detached garage cannot meet the setbacks given where the house is
situated on the lot.
Chairman Thomas opened the public hearing. Mr. Driggers stated nobody was at Town
Hall to speak. Mr. Cauthen noted staff received 5 comments against the request prior to the
meeting and 2 other comments with concerns regarding how close the proposed structure
would be to Howington Circle. Mr. Cauthen also noted the names from a petition that was
provided by the applicant in favor of the variance request which included signatures from
5 different properties in the area.
Chairman Thomas asked the applicant if they would like to respond to the negative
comments. The applicant stated many of the neighbors may live in the neighborhood, but
they do not live within site distance of the subject property. The garage will be used for
storage of cars and household items. Regarding the concern posed by a member of the
neighborhood, it was noted by the applicant that the garage would not be used for a car
repair shop. The applicant also stated the placement of the garage further back on the lot
away from Howington Circle would block the natural light from the home and require a
second driveway.
Chairman Thomas asked if attaching the garage to the home was ever considered since this
would make the structure conforming to the zoning ordinance. The applicant stated that
was considered but it would not be as aesthetically pleasing or work as well from a practical
standpoint. It is also not financially feasible according to the applicant.
Mr. Stegall asked why a neighbor would have concerns over a car repair shop on the
property. The applicant stated they work on their personal cars from time to time and the
only available area is in the front yard. The goal of the garage is to clean up the property
and to be able to store their vehicles in it.
Chairman Thomas asked if there were any further questions/comments, being none, he
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. Mr.
Stegall made a motion that there were extraordinary and exceptional conditions pertaining
to the particular piece of property due to the placement of the house on the lot. Ms.
Campbell seconded the motion. The motion passed by a vote of 4-2. Mr. Thomas and Ms.
Murray opposed.
Mr. Thomas called for a motion on whether the conditions apply to other property in the
vicinity. Mr. Stegall made a motion that the conditions do not generally apply to other
property in the vicinity. Ms. Blair seconded the motion. The motion passed by a vote of
4-2. Mr. Thomas and Ms. 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. Stegall seconded the motion. The motion failed
by a vote of 1-5. Mr. Stegall voted in favor.
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. Ms. Murray 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. Ms. Campbell seconded the motion. The motion passed by
a vote of 5-1. Mr. Thomas opposed.
Mr. Thomas called for a motion on whether or not to grant the variance. Mr. Stegall made
a motion to grant the variance. Ms. Murray seconded the motion. The motion failed by a
vote of 1-5, with Mr. Stegall in favor. The variance request was denied.
2. Variance request from Alexa Maddox & Harman Gill – 319 Pine Street:
Mr. Cauthen provided a brief overview of the variance request, as described in the
Agenda packet. The request is to allow a reduction in the side yard setback requirement
for a principal structure.
The applicant stated the side yard is restricted due to the placement of the existing
driveway. The applicant also mentioned the neighbors in the immediate area have no
objection to the request. Two letters were also included in the submittal in favor of the
request. The applicant also stated there are deed restrictions related to the subject
property requiring approval from Clear Springs Development prior to any property
improvements and the proposed changes were approved and a letter was provided.
Chairman Thomas opened the public hearing portion of the meeting. No citizens were at
Town Hall or on the phone to speak on the case. The public hearing was closed.
Ms. Murray asked for a summary of the zoning requirements for the property. Staff noted
the principal side setback requirement for the property is 10 feet whereas the side setback
requirement for an accessory structure is 5 feet.
Chairman Thomas asked if there were any further questions/comments, being none, he
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.
Blair made a motion that there were extraordinary and exceptional conditions pertaining to
the particular piece of property due to the offset of the house. Ms. Bryant seconded the
motion. The motion passed by a vote of 4-2. Mr. Thomas and Ms. Murray opposed.
Mr. Thomas called for a motion on whether the conditions apply to other property in the
vicinity. Ms. Blair made a motion that the conditions do not generally apply to other
property in the vicinity. Ms. Murray seconded the motion. The motion passed by a vote
of 4-2. Mr. Thomas and Ms. 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. Mr. Stegall made a motion
that the application of the ordinance would effectively prohibit or unreasonably restrict the
utilization of the property. Ms. Blair seconded the motion. The motion passed by a vote of
4-2. Ms. Murray and Mr. Thomas 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. Ms. Murray 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. Ms. Blair seconded the motion. The motion passed by a
vote of 6-0.
Mr. Thomas called for a motion on whether or not to grant the variance. Mr. Thomas
recommended if the Board wished to grant the variance, he suggested rounding the
variance amount to 7 feet for measurement purposes instead of the 7.9 feet requested. Mr.
Stegall made a motion to grant the variance to reduce the side setback requirement to 7
feet. Ms. Blair seconded the motion. The motion passed by a vote of 4-2. Mr. Thomas and
Ms. Murray opposed. The variance request was approved.
There being no further business, Mr. Thomas called for a motion to adjourn the meeting. Mr.
Stegall made a motion to adjourn, Ms. Campbell seconded, the motion was approved by a vote of
6-0. The meeting was adjourned at 7:03 p.m.
Respectfully submitted,
Nick Cauthen
Planning Department
February 16, 2021
Agenda
TOWN OF FORT MILL
BOARD OF ZONING APPEALS MEETING
February 15, 2021
6:00 PM
Live Viewing Online: Request Access by emailing before 5:00 pm on Monday, February 15, 2021 to
Penelope G. Karagounis, Planning Director at pkaragounis@fortmillsc.gov
Public Access by Phone: Dial (toll free) 1-877-309-2073 and use access code 247-181-837
In Person Public Hearing located at 200 Tom Hall Street (Outside of Town Hall)
AGENDA
CALL TO ORDER
APPROVAL OF MINUTES Regular Meeting: January 25, 2021 [Pages 2-4]
PUBLIC HEARING ITEMS
1. CASE # 2021-0081 Applicant is requesting a variance from the zoning
Chris & Sandi Suter ordinance to allow an accessory building in front
102 Howington Circle of a principal structure. [Pages 5-30]
Tax Map # 020-05-02-001
Zoning District: R-15
2. CASE # 2021-0082 Applicant is requesting a variance to allow a
Alexa Maddox & Harman Gill reduction in the 10’ side setback requirement for
319 Pine Street principal structures. [Pages 31-50]
Tax Map # 020-04-08-011
Zoning District: R-15
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.
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MINUTES
TOWN OF FORT MILL
BOARD OF ZONING APPEALS
January 25, 2021
6:00 PM
Present: Amber Bryant, Chairman Jim Thomas, Jody Stegall, Becky Campbell, Terri
Murray, Carolyn Blair, Planner II Nick Cauthen, Planning Director Penelope
Karagounis, Senior Planner Alex Moore
Absent: N/A
Guests: Mark Case (applicant), Charles Peterson (neighbor)
Chairman Thomas called the meeting to order at 6:00 p.m. and welcomed everyone in
attendance. Ms. Karagounis noted alternate viewing and public hearing options for the meeting.
Live Viewing Online: Please visit www.fortmillsc.gov Public Access by Phone: Dial (toll free)
1-866-899-4679 and use access code 118-613-997 and in person public hearing located at 200
Tom Hall Street (outside of Town Hall).
ELECTION OF CHAIR & VICE-CHAIR FOR 2020
Acting-Chairman Thomas called for nominations for the position of Chair. Mr. Thomas was
nominated. There being no further nominations, Acting-Chairman Thomas called for a vote. Ms.
Blair made a motion to elect Mr. Thomas. Ms. Murray seconded the motion. The motion was
approved by a vote of 6-0.
Chairman Thomas called for nominations for the position of Vice-Chair. Ms. Campbell and Mr.
Stegall were nominated There being no further nominations, Chairman Thomas called for a vote.
Ms. Campbell made a motion to elect Mr. Stegall, no seconds were given. Mr. Stegall made a
motion to elect Ms. Campbell. Ms. Blair seconded the motion. The motion was approved by a vote
of 6-0.
APPROVAL OF MINUTES
Chairman Thomas called for a motion to approve the minutes of the October meeting. Mr. Stegall
made a motion to approve the minutes as submitted by staff. Ms. Blair seconded the motion. The
motion was approved by a vote of 6-0.
PUBLIC HEARING ITEMS
A) Variance request from Mark Case – 125 W. Gregg Street – Case # 2021-0001:
Mr. Cauthen provided a brief overview of the variance request, as described in the
Agenda packet.
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Mr. Case described the rationale of his request. The home was purchased 5 years ago and
extensively remodeled, including the addition of a garage, and conversion of a carport to a
master bedroom. He stated there was no other location on the property that would be an
affective location to construct the accessory building. The building would be stick built
and match the façade of the existing home. The purpose of the building would be for extra
storage and to enjoy shop hobbies during retirement.
Chairman Thomas noted 3 possible alternative locations for the building. They included
the patio area behind the home, the Pine St. side yard area, or adding on to the existing
home along Pine Street while still meeting the setbacks.
The applicant opposed those alternatives due to cost and feasibility of access around the
yard and building.
Mr. Thomas asked about the flexibility of the building size. The applicant stated the size
provided was the size needed to meet his needs. The applicant added the zoning ordinance
unfairly prohibited corner lots and deemed a large portion of his property unusable.
Mr. Thomas noted, according to the plat, there is approximately 29 ft. of property between
the principal structure and the Pine St. side property line, thereby allowing plenty of room
for the accessory structure, and access around it. Mr. Stegall also asked the applicant why
this alternative location would not work. The applicant stressed it was not aesthetically
pleasing to him nor would he have the access needed around the yard considering the trees
and fences located on that side of the property. The applicant added there would be 23 ft.
available minus the 5 ft. setback on that side of the property according to his measurements.
Ms. Campbell asked for verification of the distances of the structure from the property
lines. The applicant stated the proposed structure would be 9 ft. from Pine Street and 5 ft.
from the side property line. The applicant showed a rendering of the building along with
additional pictures of the property.
Mr. Thomas opened the public hearing. Mr. Charles Peterson, a resident of 130 W. Oak
Street stated his property location, adjacent to the subject property on Pine Street, and that
he was against the request because his view would be blocked by the large wall of the
proposed building. The applicant stated Mr. Patterson’s trailer blocks his view. There being
no more speakers, Mr. Thomas closed the public hearing.
Mr. Stegall noted Mr. Peterson would barely be able to see the building considering it
would almost entirely be located behind his parked trailer. The applicant agreed and stated
if the building were required to be moved back then his neighbor would be exposed to a
much worse view in his opinion.
Ms. Murray asked if the accessory building would be allowed if this were not a corner lot
according to the zoning ordinance and staff responded yes.
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Chairman Thomas asked if there were any further questions/comments, being none, he
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.
Blair made a motion that there were extraordinary and exceptional conditions pertaining to
the particular piece of property due to the offset of the house. Mr. Stegall seconded the
motion. The motion passed by a vote of 4-2. Mr. Thomas and Ms. Murray opposed.
Mr. Thomas called for a motion on whether the conditions apply to other property in the
vicinity. Ms. Blair made a motion that the conditions do not generally apply to other
property in the vicinity. Ms. Bryant seconded the motion. The motion failed by a vote of
3-3. Ms. Campbell, Mr. Thomas, and Ms. 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. Mr. Stegall made a motion
that the application of the ordinance would effectively prohibit or unreasonably restrict the
utilization of the property. Ms. Blair seconded the motion. The motion failed by a vote of
3-3. Ms. Campbell, Ms. Murray, and Mr. Thomas 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. Ms. Murray 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. Ms. Blair seconded the motion. The motion passed by a
vote of 4-2. Ms. Campbell and Mr. Thomas opposed.
Mr. Thomas called for a motion on whether or not to grant the variance. Mr. Stegall made
a motion to grant the variance. Ms. Blair seconded the motion. The motion failed by a vote
of 3-3, with Mr. Thomas, Ms. Murray, and Ms. Campbell opposed. The variance request
was denied.
There being no further business, Mr. Thomas called for a motion to adjourn the meeting. Ms.
Campbell made a motion to adjourn, Mr. Stegall seconded, the motion was approved by a vote of
6-0. The meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Nick Cauthen
Planning Department
February 2, 2021
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Town of Fort Mill
Board of Zoning Appeals
Item for Action
Item #1 CASE # 2021-0081 Applicant is requesting a variance from the
Chris & Sandi Suter zoning ordinance to allow an accessory
102 Howington Circle building in front of a principal structure.
Tax Map # 020-05-02-001 [Pages 5-30]
Zoning District: R-15
Background / Discussion
The Town has received a variance request from Chris & Sandi Suter for a proposed non-conformity
related to the construction of an accessory building (an “accessory use”) at 102 Howington Circle.
The request is to allow a 24’ x 30’ detached garage in front of a primary residence. The proposed
location of the garage will be closer to Howington Circle and Banks Street than the existing home
(“principal structure”). Under the town’s zoning code, certain accessory uses shall not be permitted
in front of primary structures.
Specifically, Article I, Section 7(G)(2) of the Town’s Zoning Ordinance restricts the following
accessory uses in front of principal structures:
The following customary accessory uses must not be in front of the principal structure on
a lot:
(A) Unattached private garages or carports,
(B) Shed or tool room for the storage of equipment used in grounds or building
maintenance,
(C) Children's playhouse and play equipment,
(D) Private kennel for family pets, provided they are of the type authorized by town
Ordinance,
(E) Private swimming pool and bath house or cabana
(F) Structures designed and used for purposes of shelter in the event of man-made or
natural catastrophes,
(G) Noncommercial flower, ornamental shrub, or vegetable garden greenhouse or slat
house not over eight feet in height.
The petitioner has stated that due to the placement of the home in the rear corner of the lot, there
is not an alternative location that would meet the standards of the zoning ordinance.
Correspondence from citizens in the neighborhood have been included in the packet.
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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;
(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
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York County Tax Map # 020-05-02-001
Zoning Map
R-15
York County Tax Map # 020-05-02-001
Aerial Map
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25 Jan 2021
Construction Proposal Quote prepared for Chris and Sandi Suter by Russell Construction, LLC
Revision 5
Property located at 102 Howington Circle, Fort Mill, SC 29715
The Home Owners desire to have a detached garage with Storage and Music Room added to their
property. The oversized 2 car garage would be approximately 24 ft by 30 ft and have a clear vertical
height in the garage of 8 ft. The garage will have a standard double door with garage door opener.
The garage will have a Gable Roof with Shed dormers front and rear. Roof material to match
existing house structure. Entrance door will be on the left side as the customer would like a patio
structure between the house and the new garage, the patio cost is not included in this quote. The front
of the garage will have a 2-foot apron across the front. A concrete drive way is not included in this
quote but can be added.
At the second meeting it was discussed to move the structure towards the street near the big trees.
Those trees will need to be removed to build the structure. The cost to remove the trees is not
included in this estimate.
The Storage and Music Room above the garage will have a half bathroom and a deep sink in the
garage.
The house utilities are located on the side on the main house and will be run from the main house to
the new structure. Per normal standard practice, the contractor will contact “SC Call Before You Dig
Service” (811) prior to digging the foundation. If utilities are found in the footing area, additional
cost will be incurred to move those utilities. Contractor has not included this cost in this estimate.
The style specific outside and inside lights, ceiling fans and decorations will be provided by the
customer and installed by the contractor.
The exact garage design both exterior and interior are still to be determined the quote is based on the
overall size and therefore the customer can adjust the design to their liking. Based on Conversation
with customer Contractor has included his recommendation on plan and design at the end of the
estimate.
Building specifics
Standard 2-foot linear footing with rebar will be dug and poured. Construction will be 2 x 4 walls on
16-inch centers. The two-car garage opening span requires LVL beams to span the desired distance.
The roof rafters will be 2 X 12 lumber. The garage floor will be 4-inch smooth concrete. The roof
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will be covered in ½ inch OSB sheeting with a 30-year shingles to match existing structures. The
interior walls and Ceiling will be insulated and drywalled. Two coats of interior and exterior paint
are included. Customer to pick colors early in the process. Design can be adjusted for customer
preferences.
Bathroom
The bathroom will be a Half bath, with a vanity and toilet. Customer to purchase vanity and vanity
light contractor to install.
Plumbing
The new Storage and Music Room will have a small 4-6 gallon electrical water heater. The water
supply and sewage drains will be added to the existing house pluming system. The new lines will be
underground to the existing structure. There will be a deep sink located in the garage for parts
cleaning.
Electrical
Electrical Power will be run underground from the existing home fuse box to the new garage. GFCI
outlets, overhead lighting and a garage door opener are included. The garage Storage and Music
Room will have its own electrical sub panel.
HVAC
The heated and air-conditioned area in the Storage and Music Room is approximately 680 square
feet. After additional consultation with HVAC Sub and the customer. In order to reduce background
noise. A Mini Split HVAC system with one zone will be installed. The bathroom is small and will
have thru wall vents to provide heat and AC in that space.
Customer desires to reduce some cost and will leave the Studio mostly unfinished and will finish on
his own the below estimate is if Russell Construction completes all work. Customer will not be
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billed for work not completed or work that he performs. Example if he does the drywall and paint
that $ 5,000 will be deducted from the cost. A spreadsheet at end of estimate with all Labor and
Material costs will be maintained. If Scott Russell performs work his hourly rate is $30 per hour and
will be documented on the spreadsheet. It is understood that the Contractor will pay himself 15%
percent of overall job cost for Project Management and 15 % to the Company for Insurance,
Licensure and Overhead.
Revision 4 is changing vinyl siding to Hardiboard Siding.
Project including materials and labor is:
Town of Fort Mill County Permits and Inspections $ 2,000
Footings and concrete $ 12,000
Add 2 feet making structure 30 ft x 24 ft $ +500
Framing and roofing $ 25,000
Add 2 feet making structure 30 ft x 24 ft $ +2,500
Plumbing $ 5,000
Electrical $ 6,000
HVAC $ 6,000
Subtract for reducing from 2 zone to 1 zone $ -500
Drywall and paint $ 5,000
Hardwood floors $ 5,000
Siding and Trim $ 8,500
+ 3,500 for Hardee board
Total: $ 77,000
Milestone payment method: 25 % at contract signing
25 % after Concrete is poured
25% after framing and roofing
15 % after drywall
10% upon job completion, final payment.
Standard terms and conditions:
Customer will have areas to be worked in, clean and clear of business effects.
Contractor and sub-contractors will make every effort to keep areas not being worked in clean and
remove debris from work area in a timely fashion.
Job Change Orders will be in writing. Additional Items discovered during the build will be discussed
with customer and options and cost to resolve will be agreed upon before moving forward.
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If not written in this estimate agreement the work and purchases are not included.
Scott Russell
_____Signature on Rev 4_________ __________________________
Chris Suter Scott Russell
_____Signature on Rev 4________
Sandi Suter
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Second Floor layout with a smaller bathroom and a larger Storage closet.
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CITIZEN COMMENT REGARDING 102 HOWINGTON CIRCLE
Mr. Lloyd Riley, 217 Club Lane, Email Received 1/28:
To follow up with our conversation yesterday I need to clarify my thoughts a little. I am not opposed to
the home owner being able to build on his property but, I think the varience he ask for is
extreme considering the location. The street (Howington ) is very narrow and has no curbs or
gutters. To allow a two story building to be built only 23 feet from the road would look like it was on
the road especially with some type of apron in front and would take away from the appearance of the
other property near-by. I think it should have the same set back as the house so as not to dis-tract or to
be an eye sore in later times. We all have good intentions but I fear this may become a somewhat type
of repair shop later. These are my thought and pass them along at the Feb. 15 meeting if you will. thank
you
Betty Phifer, 200 Country Club Lane: phone call received 1/29 is against the request.
Larry Giles, 211 Howington Circle: phone call received 1/29 is against the request.
Vivian and William Martin, 201 Country Club Lane: phone call received 2/5 are against the request.
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Town of Fort Mill
Board of Zoning Appeals
Item for Action
Item #2 CASE # 2021-0082 Applicant is requesting a variance to allow a
Alexa Maddox & Harman Gill reduction in the 10’ side setback requirement
319 Pine Street for principal structures. [Pages 31-50]
Tax Map # 020-04-08-011
Zoning District: R-15
Background / Discussion
The Town has received a variance request from Alexa Maddox & Harman Gill for a proposed non-
conformity related to the construction of a residential addition (expanding a principal use) at 319
Pine Street.
The purpose of the request is to permit a reduction in the side yard setback requirement from 10’
to 7.92’ to construct an attached 2 car garage.
Article II, Section 1(5)(E) of the Town’s Zoning Ordinance outlines the following setback
requirement for principal uses:
E) Minimum side yard: R-25—Principal structure-20 feet with accessory uses being five feet.
R-15—Principal structure-ten feet with accessory uses being five feet. For side yard
requirements pertaining to corner lots, see article I, section 7, subsection C.;
The petitioner has stated that due to the tapering of the property lines, the current setback
requirements cannot be met. There is also an access easement located adjacent to the subject
property that will serve as a barrier between the adjacent property and the garage. There will also
be additional landscaping planted as part of the improvements per the applicant.
Correspondence from citizens in the neighborhood have been included in the packet.
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:
(e) there are extraordinary and exceptional conditions pertaining to the particular piece
of property;
(f) these conditions do not generally apply to other property in the vicinity;
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(g) 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
(h) 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.
(iii) 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.
(iv) 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
32
York County Tax Map # 020-04-08-011
Zoning Map
R-15
York County Tax Map # 020-04-08-011
Aerial Map
33
34
35
36
37
vin-yet designs,llc
312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
REAR SETBACK
Design
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
DARK GREY HATCH
PROPOSED HEATED ADDITION
PROPOSED REAR SCREENED PORCH 2.08'
7.92'
Gill Residence
EXISTING OPEN DECK
DARK GREY HATCH
319 Pine Street
PROPOSED GARAGE
PROPOSED HEATED ADDITION
EXISTING RESIDENCE
8.24'
Fort Mill, South Carolina
1.76'
PROPOSED
FONT PORCH
SIDE SETBACK SIDE SETBACK PROPERTY LINE
PROPOSED
DRIVEWAY 10.00'
FRONT SETBACK
43.78'
Site Plan
Revision Date:
Project Number: D2010
Date: 12.21.20
Scale: 1" = 10'-0"
Sheet
A001
38
Gill Residence
319 Pine Street
Fort Mill, South Carolina
vinyet designs
12.21.20
39
vin-yet designs,llc
312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
Design
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
1 View 2
G001
Gill Residence
319 Pine Street
Fort Mill, South Carolina
2 View 1
G001
Perspectives
Revision Date:
Project Number: D2010
Date: 12.21.20
Scale:
3 View 3 4 View 4 Sheet
G001
G001 G001
SHADOWS FOR ILLUSTRATIVE PURPOSES ONLY-NOT ACCURATE SUN STUDIES
40
Square Footage
NOTE: SQUARE FOOTAGE CALCULATION IS TAKEN FROM
OUTSIDE FACE OF EXTERIOR STUD WALL.
FINISHED SQUARE FOOTAGE CALCULATIONS FOR THIS
HOUSE WERE MADE BASED ON PLAN DIMENSIONS ONLY AND MAY vin-yet designs,llc
VARY FROM THE FINISHED SQUARE FOOTAGE OF THE HOUSE AS BUILT
312 pendleton street
rock hill, south carolina 29730
803.324.5531
FIRST FLOOR HEATED EXISTING 1304 SF www.vin-yet.com
FIRST FLOOR HEATED ADDITION 353 SF
SECOND FLOOR HEATED EXISTING 542 SF
TOTAL HEATED 2199 SF
FRONT PORCH ADDITION 148 SF Design
SCREENED PORCH ADDITION 209 SF Development
GARAGE ADDITION 485 SF
TOTAL UNHEATED 842 SF
TOTAL UNDER ROOF 3041 SF This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
Gill Residence
319 Pine Street
(NEW)
SCREENED PORCH
Fort Mill, South Carolina
EXISTING OPEN DECK
(NEW)
TWO CAR GARAGE
(NEW)
HEATED ADDITION
FRONT PORCH
HEATED EXISTING
UNHEATED ADDITION
Square Footage
Revision Date:
1 First Floor Square Footage 2 Second Floor Existing Square Footage
A002 1/8" = 1'-0" A002 1/8" = 1'-0"
Project Number: D2010
Date: 12.21.20
Scale: 1/8" = 1'-0"
Sheet
A002
41
WALL LEGEND
DIAGONAL HATCH DENOTES 2x4 STUD WALL
SOLID GRAY HATCH DENOTES 2x6 STUD WALL
vin-yet designs,llc
HALFTONE DENOTES EXISTING STRUCTURE 312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
A202
1
Design
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
14' - 2"
(NEW)
MASTER 13' - 11"
(NEW)
SCREENED PORCH 7' - 11"
Gill Residence
VLTD VLTD
319 Pine Street
(EXISTING)
19' - 0"
BATHROOM
BENCH W/ LOCKERS
(NEW) (NEW)
(EXISTING)
MASTER BATH MASTER CLOSET
SIDE PORCH (EXISTING)
(NEW)
CASUAL DINING
11' - 8" 11' - 8" 7' - 7" MUD ROOM
REVERSE HINGE
SHELVES
Fort Mill, South Carolina
(EXISTING)
5' - 2"
GALLERY
6' - 1"
4' - 11"
REF
(NEW) 2 A202
24' - 3" 24' - 2"
A201 2 LAUNDRY (NEW)
COFEE BAR
(EXISTING) TWO CAR GARAGE
CLOSET
2' - 6" X 7' - 1" ISLAND
36" RANGE w/ HOOD ABOVE
7' - 11" DRYER
WASHER
(EXISTING) (EXISTING)
SITTING LIVING
(REMODEL)
KITCHEN 4' - 10"
(NEW)
10' - 7"
(EXISTING) PANTRY
DINING
SHELVES
D/W
(EXISTING)
FOYER
First Floor Plan
Revision Date:
7' - 11"
(NEW)
FRONT PORCH
1 Project Number: D2010
Date: 12.21.20
A201 Scale: 1/4" = 1'-0"
Sheet
A101
42
NOTE: ALL DIMENSIONS SHOWN ARE AT EXISTING CONDITION. VERIFY IN FIELD.
vin-yet designs,llc
312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
Design
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
Gill Residence
319 Pine Street
12' - 6" 8' - 0" 3' - 2" 14' - 4"
BATHROOM
9' - 2"
12' - 5" 12' - 5"
BEDROOM TWO BEDROOM THREE
Fort Mill, South Carolina
3' - 8"
2' - 11" 2' - 11"
Second Floor Plan
Revision Date:
Project Number: D2010
Date: 12.21.20
Scale: 1/4" = 1'-0"
Sheet
A102
43
vin-yet designs,llc
312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
Design
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
Gill Residence
319 Pine Street
Fort Mill, South Carolina
NOTE: HALFTONE DENOTE EXISTING ELEMENTS
Roof Plan
Revision Date:
Project Number: D2010
Date: 12.21.20
Scale: 1/4" = 1'-0"
Sheet
A103
44
vin-yet designs,llc
312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
NOTE: HALFTONE DENOTE EXISTING ELEMENTS
Design
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
Second Floor Existing
1' - 0" First Floor Top Plate
Header First Floor
8' - 0" 6' - 8"
First Floor Existing
2' - 0"
Gill Residence
Garage Slab
319 Pine Street
1 Front Elevation
A201 1/4" = 1'-0"
Fort Mill, South Carolina
NOTE: HALFTONE DENOTE EXISTING ELEMENTS
Front & Left Elevations
Revision Date:
Project Number: D2010
Date: 12.21.20
Scale: 1/4" = 1'-0"
2 Left Elevation
A201 1/4" = 1'-0"
Sheet
A201
45
vin-yet designs,llc
312 pendleton street
rock hill, south carolina 29730
803.324.5531
www.vin-yet.com
Design
NOTE: HALFTONE DENOTE EXISTING ELEMENTS
Development
This document is an instrument of service and shall
remain the property of Vin-Yet Designs, LLC who
retains all common law, statutory and other reserved
rights, including the copyright thereto.
Copyright © 2020
Vin-Yet Designs, LLC
Gill Residence
1 Rear Elevation 319 Pine Street
A202 1/4" = 1'-0"
Fort Mill, South Carolina
NOTE: HALFTONE DENOTE EXISTING ELEMENTS
Right & Rear Elevations
Revision Date:
Project Number: D2010
Date: 12.21.20
Scale: 1/4" = 1'-0"
2 Right Elevation
A202 1/4" = 1'-0" Sheet
A202
46
47
48
49
From: Steven DelGaudio
To: Nick Cauthen
Cc: Harman Gill
Subject: 319 Pine St - Zoning B of A
Date: Friday, January 29, 2021 4:31:41 AM
***This is an EXTERNAL email. Please do not click on a link or open any attachments unless
you are confident it is from a trusted source. ***
Mr. Cauthen;
Please accept this email as our approval of the Gill's expansion project, including the zoning
variance needed due to the property line limits bordering our property to the north.
Sincerely,
Steven and Maureen DelGaudio
375 Pine St
--
Steve DelGaudio
GO4EVR - LNG.RYD
Fort Mill, SC
860-840-1874
50
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