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Board of Zoning Appeals

Regular Meeting

Fort Mill, SC · February 15, 2021

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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. 1 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. 2 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. 3 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 4 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. 5 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 6 York County Tax Map # 020-05-02-001 Zoning Map R-15 York County Tax Map # 020-05-02-001 Aerial Map 7 8 9 10 11 12 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 13 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 14 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. 15 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 16 17 Second Floor layout with a smaller bathroom and a larger Storage closet. 18 19 20 21 22 23 24 25 26 27 28 29 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. 30 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; 31 (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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