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Board of Zoning Appeals

Regular Meeting

Mount Pleasant, SC · October 25, 2021

AgendaMinutes

Minutes

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA BOARD OF ZONING APPEALS OCTOBER 25, 2021 MINUTES STAFF REPORT Present: Barry Wolff, Chair, Stephen Duke, Stephen Wood, Aaron Butner, Elliott Barrow, Megan Stevens, Julian Hopkins. Staff: Mike Robertson, Kara Browder, Chris Swalhah, Lynnette Lynes Mr. Wolff called the meeting to order at 6:00 pm. A. Approval of Agenda Mr. Duke moved for approval. Mr. Butner seconded the motion. All in favor. B. Approval of Minutes Mr. Butner moved for approval of the minutes. Mr. Wood seconded the motion. All in favor. C. Public Comment There being no comments, Mr. Wolff continued with the agenda. D. General Correspondence All correspondence received was linked with the agenda and distributed to the Board. E. Explanation of Procedures Mr. Wolff reviewed the procedures with the public. F. Administration of Oath Mr. Wolff administered the oath to those speaking. Board of Zoning Appeals October 25, 2021 Page 2 of 4 G. Business 1. Case V-45-21, 130 Middle Street, TMS# 532-09-00-033. Request relief from the strict application of §156.313(3)(d) to allow 8% of the Building Area Ratio (BAR) to be comprised of porches. The ordinance requires that at least 10% of the BAR must be comprised of porches. CORRESPONDENCE Ms. Browder reviewed staff comments with the Board. Ms. Lisa Holmes, owner, reviewed the request with the Board. There being no comments, Mr. Wolff closed public comment. Mr. Hopkins moved for approval as submitted based on findings that the hardship criteria have been met, no detriment to the neighborhood and it would enhance the property. Ms. Stevens seconded the motion. All in favor. 2. Case V-46-21, 704 Remley Lane, TMS# 514-05-00-058. Request relief from the strict application of §156.303(C)[Table] to allow a 20-foot encroachment into the front yard setback. The ordinance requires a 30-foot front yard setback. Mr. Swalhah reviewed staff comments with the Board. Mr. Thomas Callum, reviewed the request with the Board. There being no comments, Mr. Wolff closed public comment. Mr. Wood moved for denial based on the findings that part 3 of the 4-part test of hardship has not been met as failure to construct a garage would not unreasonably restrict the use of the property. Mr. Duke seconded the motion. All in favor. 3. Case V-47-2021, 203 Coleman Boulevard, TMS# 517-15-00-099. Request for relief from the strict application of §156.108 (A)(2) to allow a fifty (50) foot two-way drive aisle curb cut separation. The ordinance requires a 150-foot two-way drive aisle curb cut separation. Board of Zoning Appeals October 25, 2021 Page 3 of 4 Mill Street, TMS# 517-15-00-100. Request for relief from the strict application of §156.108 (A)(1) to allow fifty (50) foot one-way drive curb cut separation. The ordinance requires a 75-foot one-way drive curb cut separation. Mr. Robertson reviewed staff comments with the Board. Mr. Giles Branch, Earthsource Engineering, reviewed the request with the Board. Mr. Barrow moved for denial based on findings that #1, #2, and #3 of the hardship criteria have been met, but does not meet #4 as it would be a detriment to the public good and this area would be damaged if the variance was approved. Mr. Wood seconded the motion. Motion passed on a 4 to 3 vote with Mr. Wolff, Mr. Barrow, Mr. Hopkins and Mr. Wood in favor; Mr. Butner, Ms. Stevens, and Mr. Duke opposed. 4. Case V-48-2021, 720 South Shelmore Boulevard, TMS#514-00-00- 271. Request relief from §156.326(C)(2)(e)(1) to allow nonresidential uses on the same floor as residential uses. The ordinance requires no dwelling unit is to be located on the street level, or any level that has nonresidential uses. Mr. Swalhah reviewed staff comments with the Board. Mr. Angelos Scalia reviewed the request with the Board. There being no comments, Mr. Wolff closed public comment. Mr. Scalia asked for a deferral. Mr. Barrow moved to approve the request for deferral by the applicant to the next meeting. Ms. Stevens seconded the motion. All in favor. 5. Case V-49-2021, 276 Bayview Drive, TMS# 517-05-00-083. Request relief from §156.106(B) to allow a 98 square foot encroachment into the 30-foot setback for all impervious Board of Zoning Appeals October 25, 2021 Page 4 of 4 surfaces. The ordinance requires a 30-foot setback for all impervious surfaces on property located in any zoning district which shall apply to the DHEC-OCRM critical line. CORRESPONDENCE Ms. Browder reviewed staff comments with the Board. Mr. Catalin Vrinceanu and Ms. Liliana Hudescu reviewed the request with the Board. There being no comments, Mr. Wolff closed public comment. Mr. Wood moved for denial based on the findings that there are no extraordinary conditions, conditions of this property apply to other property in vicinity, and the inability for a pool would not unreasonably restrict the use of the property. Mr. Barrow seconded the motion. All in favor. H. Approval of Final Orders The Board signed final orders. There being no further business, the meeting adjourned at 7:50 pm. Submitted by, L. Lynes BOZA10252021

Agenda

BOARD OF ZONING APPEALS MEETING NOTICE Mount Pleasant Town Hall Council Chambers 100 Ann Edwards Lane October 25, 2021 6:00 PM DECISIONS ADDED AND FINAL ORDERS HYPERLINKED TO CASE 10.26.21 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 F. Explanation of Procedures G. Administration of Oath H. Business STAFF REPORT 1. APPROVED Case V-45-21, 130 Middle Street, TMS# 532-09-00-033. Request relief from the strict application of §156.313(3)(d) to allow 8% of the Building Area Ratio (BAR) to be comprised of porches. The ordinance requires that at least 10% of the BAR must be comprised of porches. CORRESPONDENCE 2. DENIED Case V-46-21, 704 Remley Lane, TMS# 514-05-00-058. Request relief from the strict application of §156.303(C)[Table] to allow a 20-foot encroachment into the front yard setback. The ordinance requires a 30-foot front yard setback. 3. DENIED Case V-47-2021, 203 Coleman Boulevard, TMS# 517-15-00-099. Request for relief from the strict application of §156.108 (A)(2) to allow a fifty (50) foot two-way drive aisle curb cut separation. The ordinance requires a 150-foot two-way drive aisle curb cut separation. Mill Street, TMS# 517-15-00-100. Request for relief from the strict application of §156.108 (A)(1) to allow fifty (50) foot one-way drive curb cut separation. The ordinance requires a 75-foot one-way drive curb cut separation. 4. DEFERRED Case V-48-2021, 720 South Shelmore Boulevard, TMS#514-00-00-271. Request relief from §156.326(C)(2)(e)(1) to allow nonresidential uses on the same floor as residential uses. The ordinance requires no dwelling unit is to be located on the street level, or any level that has nonresidential uses. 5. DENIED Case V-49-2021, 276 Bayview Drive, TMS# 517-05-00-083. Request relief from §156.106(B) to allow a 98 square foot encroachment into the 30-foot setback for all impervious surfaces. The ordinance requires a 30-foot setback for all impervious surfaces on property located in any zoning district which shall apply to the DHEC-OCRM critical line. CORRESPONDENCE I. Approval of Final Orders J. 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, Wednesday, October 20, 2021.

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