Board of Zoning Appeals

BOARD OF ZONING APPEALS MEETING NOTICE Mount Pleasant Town Hall Council Chambers 100 Ann Edwards Lane January 25, 2021 6:00 PM DECISIONS ADDED AND FINAL ORDERS HYPERLINKED TO CASE 1.26.2021 NOTE: Items in blue are hyperlinks to submittals and additional information. Some documents are large and may take a few moments to load. Green arrows > in Minutes are hyperlinks to the recording. A. Roll Call B. Approval of Agenda C. Approval of Minutes D. Public Comment E. General Correspondence Request for one-year extension of Case V-41-05 in accordance with §156.049 APPROVED F. Explanation of Procedures G. Administration of Oath H. Business STAFF REPORT 1. WITHDRAWN BY APPLICANT Case V-36-2020, 1506 Checker Court, TMS# 583-03-00-366, Request for relief from the strict application of PD to allow a 5-foot side yard encroachment. The PD Ordinance requires a 10-foot side yard. Correspondence 2. Case V-38-2020, 262 Commonwealth, TMS# 596-08-00-260, Request for relief from the strict application of 156.111 to allow a 1,225 sq. ft. footprint accessory structure, 26-feet, 3 ½ inches in height. The ordinance allows a maximum 750 sq. ft. footprint for an accessory structure, 18-feet in height. REQUEST DENIED 3. Case A-1-2021, 32 Montrose, TMS# 517-06-00-732. Appeal of the Zoning Administrator’s determination that the property is an “All Yard Building” in accordance with the provisions of the I’On Code Planned Development Ordinance. Applicant contends that the lot should be designated a “Rear Yard Building” based on previous site plan approvals and correspondence with the Planning Department. Record of Zoning Administrator REQUEST DENIED, ZONING ADMINISTRATOR’S DECISION CONFIRMED 4. Case V-3-2021, 32 Montrose, TMS# 517-06-00-732, Request for relief from the strict application of the I’On Code to allow development of the lot as a Rear Yard Building or 47% building coverage for an All Yard Building type. The I’On Code Planned Development ordinance limits All Yard Building types to 40% building coverage. The applicant contends previous development plans applied Rear Yard Building standards to the lot. REQUEST DENIED 5. Case V-1-2021, 1896 N. James Gregarie Rd., TMS# 549-12-00-163, Request for relief from the strict application of §156.106 to allow an approximately 500 square foot impervious surface for an accessory use encroachment into the 30-foot DHEC-OCRM critical line impervious area setback. REQUEST DENIED 6. Case A-2-2021, 520 Whilden Street, TMS# 532-01-00-271, Appeal of the Zoning Official’s determination establishing the west boundary as the front yard. Applicant contends that the determination improperly alters the setbacks and fails to provide the greatest amount of buildable area as required by the Zoning Coe and prevents an addition to residence. The applicant contends that the correct interpretation of the particular Zoning Code section is to determine that the East boundary is the “front”. Record of Zoning Official REQUEST DENIED, ZONING OFFICIAL’S DECISION CONFIRMED  7. Case A-3-2021, 3 William Street, TMS# 532-13-00-133, Appeal of the Zoning Official’s determination that items that have been withdrawn may not be refiled for six months in accordance with the Board of Zoning Appeals Rules of Procedures adopted on January 27, 2020. Applicant requests a hearing within the six-month timeframe. Record of Zoning Official REQUEST DENIED, ZONING OFFICIAL’S DECISION CONFIRMED 8. Case V-2-2021, 153 Ponsbury Rd., TMS# 535-06-00-154, Appeal of the strict application of the I’On Code Planned Development to allow lot classification as a Rear Yard Lot with 60% lot coverage and 3-foot side yard setback. Applicant wishes to combine two lots to create a single lot which changes the lot classification to All Yard Lot type which allows 40% lot coverage and requires a 5-foot side yard setback. Additionally, the applicant requests relief from the strict application of § 156.142 (C)(2) to allow repairs and improvements greater than 50% while maintaining 3-foot side yard setback. The ordinance requires nonconforming structures and uses improved by more than 50% to be brought into conformance with all applicable sections of the zoning code. Correspondence REQUEST APPROVED WITH CONDITIONS 9. Case V-4-2021, 1458 Fiddlers Marsh, TMS# 532-16-00-003, Request for relief from the strict application of §156.226 seeking to forego 9.5 inches in additional tree mitigation as required under Tree Protection Ordinance. The ordinance required 17.5 inches (50%) mitigation for the removal of a 19-inch live oak and 16-inch live oak. REQUEST APPROVED WITH CONDITIONS I. Approval of Final Orders Re-adoption of Rules of Procedure APPROVED J. Election of Officers K. Executive Session, Case S-2-2020, Bowman Road & Hospital Drive, TMS# 559-00-00-070, Request for Special Exception in accordance with the provisions of Section 156.326 (C) Use Conditions (5) Commercial Uses (g) Gas Station as allowed in 156.318 (D)(5)(d). L. Adjournment Title VI Notice: The Town of Mount Pleasant fully complies with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and related statutes and regulations in all programs and activities. Town meetings are conducted in accessible locations, materials can be provided in accessible formats, and provided in languages other than English. If you would like accessibility or language accommodation, please contact the Title VI Coordinator one week in advance of the meeting, at the Town of Mount Pleasant at 843-884-8517. RESOURCE LINKS Explanation of BOZA Process Case Law Notes Comprehensive Plan Future Land Use Map Online Document Library Projects and Applications Map Use Table Zoning Code (PDF) Zoning Map (interactive) NOTE: Correspondence must be received no later than 4:30 PM, January 20.