Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH BOARD OF ZONING APPEALSS 1018 2nd Avenue South Thursday, November 14, 2019 5:00 P.M. Chairman, Dan Moore Rogar Quinn Cynthia Lover William McGonigal Ricky Martin Trey Skidmore Andy Thomas Zoning Department Paul Blust Ben Caldwell Dawn E. Snider, Acting Secretary CALL TO ORDER: Chairman Moore called the meeting to order at 5:00 p.m. The acting secretary called the roll and declared a quorum present. APPROVAL OF MEETING MINUTES: Chairman Moore called for a motion to approve the minutes for September 12 and October 10. Mr. Martin motion to approve as submitted. The motion was seconded by Ms. Lover. The motion passes 7-0. COMMUNICATIONS: A. A request to rehear Variance #V42-19 for the property at 4502 Surf Street denied on October 11, 2019. Mr. Blust stated that he has spoken with the homeowner and contractor. He advised them both that they would need to present new information to the board. The applicant or a representative was not present at the meeting. Chairman Moore called for a motion. Ms. Lover motion to deny and/or dismissal the request to rehear due to the applicant not being present and the letter submitted does not include any new information. Mr. Martin seconded the motion. The motion passes 7-0. OLD BUSINESS: None NEW BUSINESS: A. VARIANCE #V47-19: Mr. John Kendall has made application for a variance to permit more impervious surface area this is allowed in the R-1 (Single-Family Residential_ district at 3101 Inland Street. Mr. Bryan Kendall, brother to the applicant, present the owner does feel that he would be causing any more water problems due to water runoff vs pavers. The cost of the pavers and maintenance would be burdensome because of boats and heavy vehicles and landscape constructor feels pavers will not hole up to the twisting and backing motion of the trailer. Additionally, every other home in area has a concrete driveway and parking area. Ms. Lover asked what the hardship would be and Mr. Kendall stated it would have to redo the pavers repeatedly. Mr. Kendall clarified that the property in the past a driveway with the pervious house. Ms. Lover asked for clarification on what square footage of impervious surface he was asking for a variance fore. Mr. Caldwall stated that the applicant is asking  for 469 sqft. Mr. Skidmore asked if the applicant had any engineered drawings that would help with any stormwater issues? Mr. Kendall said that he does have a letter from an engineer, but he was advised that he need to obtain a variance. Chairman Moore called for a vote. Mr. Quinn motioned to table to the next month to present engineering information. Mr. Skidmore seconded the motion. The motion passes 7-0. B. VARIANCE #V48-19: Mr. Paul Kline has made application for a variance of 7 feet from the required 10 foot side yard setback on both sides of the house and a variance of 20 feet from the required 25 foot front yard setback in the Surf Estates PDD (Planned Development District) at 1300 Surf Pointe Drive. Larry Keener, representing petitioner Paul Kline, looking to construct a 2800 to 3000 square foot home, but the oblong shape of the property is causing an issue. They are looking to get the structure within the style represented within the neighbor and symmetrical with the lot. Ms. Lover stated that her main concern would be how close it will be to the street. Mr. Blust stated that he has had one phone call and they did not have an issue with the request. Additionally, Mr. Blust related that Mr. Kline has been to the architectural review board and that they would be an issue with a neighborhood in similar size and the HOA stated that he would need to come to the City for this variance request. Chairman Moore called for a vote. Mr. Skidmore motioned to approve due to the odd shape of the lot. Mr. McGoginal seconded the motion. The motion passes 7-0. C. VARIANCE #V49-19: Mr. James Hobbs has made application for a variance of 2 feet from the required 20 foot rear yard setback in the R-2 (Medium Density Residential) district at 1023 Martha’s Way. Mr. Hobbs stated that he a 7 x 7 tool shed and a brother-in-law who constructed without a permit while he was not home. The HOA stated that they will approved the location if the City approvals its. Currently, 85 percent of the shed has been constructed, and he was not aware his brother-in-law had started construction. Ms. Lover asked why he did not stop work and Mr. Hobb stated that he had materials out in the yard that he had to do something with the stuff. Ms. Lover asked what his hardship was and Mr. Hobb said is that space, where he can put the shed and the only issue, is that it is a little to close to the back property line. Mr. Blust stated that he has been with two HOA board member have submitted a memo saying they were concerned about the shed. A discussion was had about the possibly be relocated and obtain a permit and have it tied down. Chairman Moore called for a vote. Mr. McGongial motion to grant a 1-foot variance on the one side due to the odd shape of the lot and meet all requirements and pull a permit from the City. Mr. Skidmore seconded the motion. The motion passes 7-0. D. VARIANCE #V50-19: Mr. Joseph Sartori has made application to remove a tree in excess of the 24- inch caliper measurement that is protected by the ordinance at 412 Ocean Pointe Court. Mrs. Melissa Sartori presented that they have two trees that have grown together and wish to have a pool constructed and have concerned that the tree would comprise the roots. An arborist has stated that it looks like the tree is rotting from the inside out and last year, the tree was trim and has not repaired itself. Mr. McGongial asked whether there was a layout available from them to review and the applicant does not have one available. It was noted that not all the Board members were able to view the property due to the security gate.  Chairman Moore called for a vote. Mr. McGongial motion to table until December 12 scheduled meeting for more information. Ms. Lover seconded the motion. The motion passes 7-0. E. VARIANCE #V51-19: Mr. Clifton Rabon has made application to remove a tree in excess of the 24- inch caliper measurement that is protected by the ordinance at 1510 27th Avenue North. Mr. Rabon presented that the two-sided and so when it was measured around it was over the limit. He purchased the house a couple of years ago and the tree is starting to cause a problem due to it leaning over the house and has concerns the tree may fall and the roots of the tree are 3-feet from the foundation. Chairman Moore called for a vote. Ms. Lover motion to denied variance request as to not seeing a hardship with the tree and thinks it could be trimmed, pruned or topped could alleviate debris on the roof. The petitioner has not presented any evidences that the tree has affected the foundation of the home as of yet, but could in the future due to its location. Mr. Martin seconded the motion. The motion passes 5-2. ADJOURNMENT: Prior to adjournment of the meeting, Chairman Moore call for the election for chairman and vice-chairman. Mr. Martin motion to elect Mr. Moore as chairman. Ms. Lover seconded the motion. The motion passed 7-0. Chairman Moore called for the election for vice-chairman. Mr. Thomas motion to elect Mr. McGonginal for vice-chairman. Mr. Skidmore seconded the motion. The motion passes 7-0. Chairman Moore adjourned the meeting at 6:32 PM. Respectfully submitted, Dawn E. Snider, Acting Secretary NOTE: BE ADVISED THAT THESE MINUTES REPRESENT A SUMMARY OF THE BOARD OF ZONING APPEALS AND ARE NOT INTENDED TO REPRESENT A FULL TRANSCRIPT OF THE MEETING.