Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH 1018 Second Avenue South BOARD OF ZONING APPEALS Special called meeting September 14, 2017 MINUTES Dan Moore Linda Braswell Robert Terrell Cynthia Lover- Absent William McGonigal Zoning Administrator Paul Blust Assistant Zoning Administrator Ben Caldwell Secretary Merideth Smith City Attorney Chris Noury CALL TO ORDER –Chairman Moore called the meeting to order at 5:00 p.m. Minutes of the August 10, 2017 meeting were approved 4-0. Communications: None Old Business: A. VARIANCE #V19-17: Mr. William Fairey IV has made application for a variance to permit an accessory storage building to be located in the side yard and to reduce the setback by 2.5 feet from the required 5 foot side yard setback for a storage building smaller than 150 square feet in the R-1 (Single-Family Residential) district at 902 Anne Street. (Postponed to October per request of Mr. Fairey IV) B. VARIANCE #V44-17: THE COOKOUT, INC. Restaurant has made application for 34 square feet more signage than the 150 square feet the HC (Highway Commercial) district permits for a building at 205 Highway 17 North. This variance includes in the total square footage a variance to permit 64 square feet more on the building than is permitted. (Applicant asked to postpone) 1 NEW BUSINESS: A Swear in those persons to speak. The Secretary swore in those in attendance B. VARIANCE #V46-17: Mr. Ed Horton, Jr. has made application for a variance to remove a tree in excess of the 24-inch caliper measurement that is protected by the ordinance at 1111 Golfview Drive. (Correction to agenda. Trees located on 2708 Ships Wheel Drive). STAFF REPORT: Mr. Caldwell presented for the staff. Mr. Horton stated that the tree is within the footprint of the house. They propose to replant on the property after the building of the house. Mr. Moore asked if they had room on the property to replace with a 20’ tree. Mr. Horton stated that they plan already to plant at least 3 5’ to 6’ trees. There were no further questions and Mr. Moore called for the motion. Mr. Terrell made the motion to approve the removal of the 40’ tree with the replacement of 20” of trees or payment into the Tree Bank. Mr. McGonigal seconded the motion. The motion passed 4-0. C. VARIANCE #V47-17: Barefoot Landing has made application for a variance to remove three trees in excess of the 24-inch caliper measurement that are protected by the ordinance at 4732- 4930 Highway 17 South. The multiple addresses are because these trees are on an area of redevelopment within the Barefoot Landing Shopping Center. Mr. McCoy stated that they plan to do elevation increase in the area of the trees by 3’ to 4’ feet. These trees are located in the construction area. They are saving others on the property by moving. Mr. McGonigal asked if they plan to plant on the new road that is proposed. Mr. McCoy stated that they plan to mitigate the trees and pay into the tree bank for the ones they cannot replant. They have already replanted 120 “of trees. STAFF REPORT: Mr. Caldwell presented the report for the staff. There were no further questions and the Chairman called for motion. 2  Mr. Terrell made the motion to approve the removal of the trees and recognize that they have already planted 120” of trees and of the 134 caliper inches. Seconded by Ms. Braswell. Motion passed 4-0. D. VARIANCE #V48-17: Mr. David Serrell has made application for a variance to install a swimming pool in the side yard in the R-1 (Single-Family Residential) district at 800 11th Avenue North. Swimming pools are only permitted in the rear yard in the R-1 district Postponed E. VARIANCE #V49-17: Mr. David Owens has made application for a variance to permit an accessory storage building in the side yard in the R-3 (Mobile Home Residential) district at 900 Horne Avenue. Accessory storage buildings are only permitted in the rear yard in all districts. Mr. Owens stated that he needs to place the storage building in the side yard because the rear yard is so small. STAFF REPORT: Mr. Caldwell presented the report for the staff. Mr. Terrell asked staff if the only issue is it is not in the back yard and if it meets setbacks in the side. Mr. Caldwell stated that it does meet setbacks. There was no public comment and Mr. Moore called for the motion. The motion to approve was made by Ms. Braswell Based on the hardship being an irregular shaped lot. Motion seconded by Mr. McGonigal. Motion passed 3-1 Mr. Moore voted nay. F. VARIANCE #V50-17: Ms. Glenda Locklear has made application for a variance of 5 feet from the required 10-foot side yard setback in the R-1 (Single-Family Residential) district at 705 39th Avenue South. Staff indicated that the request now has been reduced from 5’ to 2’. That is needed for the variance. Ms. Locklear stated that she wants to build a large garage connected to the house by a covered walkway. The Board discussed with her alternatives. The property appears to be large enough to accommodate a garage without needing this variance. Mr. Moore called for a motion. The motion to deny because no hardship is apparent was made by Mr. Terrell and seconded by Mr. McGonigal. Motion passed 4-0. 3  G. VARIANCE #V51-17: Mr. Tony Warren has made application for a variance of 7 feet from the required 20-foot front yard setback in the R-3 (Mobile Home Residential) district at 2431 Ridge Street. Mr. Warren stated that they need to move the mobile home 6’ toward the road to make the home fit better on the lot. STAFF REPORT: Mr. Caldwell gave the report for the staff. There was quite a bit of discussion concerning the neighbor and the controversy between the two owners concerning the proximity to the new home. Mr. Melton stated that the new home was oversized and was too close to his home. He did not have a problem with moving it forward and hoped it could be turned. Mr. Moore called for a motion. The motion to approve was made by Mr. McGonigal based on the unusual shape of the lot and seconded by Ms. Braswell. The motion passed 3-1. Mr. Terrell voted nay. ADJOURNMENT: The meeting adjourned at 6:05 p.m. Note: BE ADVISED THAT THESE MINUTES REPRESENT A SUMMARY OF THE BOARD OF ZONING APPEALS MEETING AND ARE NOT INTENDED TO REPRESENT A FULL TRANSCRIPT OF THE MEETING. THE TAPE (S) OF THE MEETING IS (ARE) AVAILABLE UPON REQUEST, TO BE HEARD IN THE OFFICE OF THE PLANNING AND DEVELOPMENT SECRETARY. AN AGENDA OF THIS MEETING HAS BEEN EITHER MAILED OR MADE AVAILABLE TO PERSONS, ORGANIZATIONS AND LOCAL NEWS MEDIA AS PER THEIR REQUEST. THE AGENDA GIVES THE DATE, TIME AND PLACE OF THE MEETING AS WELL AS THE ORDER OF BUSINESS. THIS DISCLOSURE IS IN COMPLIANCE WITH THE SOUTH CAROLINA CODE OF LAWS OF 1976, SECTION 30-4-80 (E). Respectfully submitted, Merideth Smith, Secretary 4