Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, May 13, 2021 5:00 PM MINUTES William McGonigal, Chairman City Staff: Roger Quinn, Vice-Chairman Ben Caldwell, Zoning Administrator Mendel Bell Chris Noury, City Attorney Cynthia Lover Allison K. Galbreath, City Clerk Joe Reaves Andy Thomas Wyman Wise 1. CALL TO ORDER & ROLL CALL: Chairman McGonigal called the meeting to order at 5:02 PM. 2. COMMUNICATIONS: OATH OF OFFICE: Chris Noury, City Attorney, administered the Oath of Office for Mendel Bell, newly appointed member to the Board of Zoning Appeals. 3. APPROVAL OF MEETING MINUTES: Chairman McGonigal called for a motion to approve the minutes of the April 8, 2021 meeting. The motion was made by Mr. Wise and seconded by Mr. Thomas. The motion passed 7-0. 4. OLD BUSINSS: None 5. NEW BUSINESS: A. SWEAR IN THOSE PERSONS TO SPEAK: Mrs. Galbreath swore in persons to speak at the beginning of the meeting. B. VARIANCE #V12-21: Application by Michael King for a variance to remove a 48-inch diameter oak tree at 1137 Marsh View Drive zoned Single Family Low-Medium Density Residential, R-1B District. Mr. Causey stated Mr. King was out of town and he was representing the applicant. He stated the tree was in the footprint of the home design. They have worked around several other trees and would not be able to do so with this particular tree. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal called for a motion. Ms. Lover motioned to approve Variance #V12- 21 based on the hardship of the tree being in the middle of the lot. The provision would be to replace 24” of oak trees, no palms, or pay $2400 to the Tree Bank or a combination of both. The motion was seconded by Mr. Quinn. The motion to approve the variance 1  passed 7-0. It was clarified the 24-inches of replacement trees could be anywhere on the property. G. VARIANCE #V17-21: Application by Michael King for a variance to remove a 24-inch diameter oak tree at 920 Marsh View Drive zoned Single Family Low-Medium Density Residential, R-1B District. Mr. Causey represented the applicant, Mr. King. He stated this particular tree was damaged and diseased and they were making as many adjustments as possible to keep as many trees as they could when they built the homes. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover asked Mr. Causey to confirm the other trees not located within the footprint of the house would be kept. Mr. Causey affirmed the trees would be kept. Chairman McGonigal called for a motion. Ms. Lover motioned to grant Variance #V17-21 due to the hardship the tree was in the footprint of the property. The same provision would apply, the applicant would replace 12-inches of oak, not palm trees, or pay $1200 into the Tree Bank, or a combination of both. Ms. Lover added the other trees along the marsh should be protected and not cut. The motion was seconded by Mr. Quinn. The motion to approve passed 7-0. C. VARIANCE #V13-21: Application by Lisa Sims and John Sigmon for a variance to remove a 36-inch diameter tree at 2704 Ships Wheel Drive zoned Single Family Low Density Residential, R-1 District. Ms. Lover confirmed the tree had already been removed. Ms. Sims stated there were many storms in January and February and the tree was struck by lightning. She was concerned it would fall on the house and it didn’t come to her mind to get a permit, because there was no law in North Carolina regarding taking trees down. Ms. Sims stated it didn’t occur to her until her neighbor reported her. The tree had been sliced down the left hand side of the tree. Chairman McGonigal stated in 2016, she had asked to cut it down because it was too close to her home and it was denied. Ms. Lover inquired if she had taken a picture of the tree struck by lightning. Ms. Sims stated she did not take one. The Board and Ms. Sims discussed the circumstances around the tree removal, not acquiring a permit, and the neighbor who reported her to the City. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal stated she knew she needed a permit in 2016, why didn’t she get a permit this time. Ms. Sims stated she was going to replant trees. Mr. Korthals, 2702 Ship Wheel Drive, stated the tree did not have any damage and it was cut piece by piece. She had been aggressive to him and had to call the police on March 4 at 7:30 PM. She had threatened him and insisted he take down his trees in his yard. Chairman McGonigal called for a motion. Ms. Lover motioned that based on Code Section 23-70, the replacement value would be 2 times the width of the tree that was removed, which would be 72 inches. However, Ms. Lover motioned to cut this in half and to replace 36 inches of oak, not palm trees, or pay $3600 to the Tree Bank or a combination of both. The replacement trees must be located within the property. The motion was seconded by Mr. Quinn. The motion passed 7-0. 2 D. VARIANCE #V14-21: Application by Danny Holyfield for a variance to allow the placement of a swimming pool in the side yard at 2353 Hill Street zoned Mobile/Manufactured Home Residential, R-3 District. Brad James, contractor, spoke on behalf of the applicant. Mr. James stated the lot was not rectangular and it had a lot of corners. They were trying to find a way to make the swimming pool work. Ms. Lover stated she looked at the back yard and there was not a place to put a pool. Her concern was it was far from the house and the City did not usually like pools to be on the side or front yard. She stated she would feel better if it could be located closer to the house by the concrete pad. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover asked if this would be within the setbacks. Mr. Caldwell confirmed it would be within the setbacks. Chairman McGonigal called for a motion. Mr. Wise motioned to approve Variance #V14- 21 based on the hardship of an odd shaped lot with 5 different sides. The pool must be put next to the existing concrete pad, have a fence, and landscaping. The motion was seconded by Mr. Quinn. The motion to approve passed 7-0. E. VARIANCE #V15-21: Application by Blane Sparks for a variance to allow a swimming pool in one of the front yards at 1908 Holly Drive zoned Medium Density Residential, R-2 District. Chairman McGonigal recused himself from the discussion and vote. Mr. Sparks stated he had two rear yards and would do fencing and landscaping to hide the pool from the one street. Ms. Lover stated the people in the patio home behind his house might have a problem with how close the pool would be to their home. Mrs. Sparks stated they had spoken with their neighbor, Robert Fox, and he had no problem with them putting a pool in. She stated that several homes in their neighborhood had pools in the front yard. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Vice-Chairman Quinn called for a motion. Mr. Thomas motioned to approve Variance #V15-21 based on the hardship of having two front yards. The motion was seconded by Ms. Wise. Mr. Thomas amended the motion to require a 4-6 foot landscape buffer from the approved list of plants from the landscaping ordinance to conceal the pool and fence from the neighbors. The amended motion was seconded by Mr. Reaves. The motion to approve passed 6-0. F. VARIANCE #V16-21: Application by Patti Hilton for a variance to install a second building mounted sign at 3914 Highway 17 South zoned Highway Commercial, HC District. Ms. Hilton stated their building was the only one that had two front doors. They had two duplicate signs ordered, but was told they could only put up one. They chose to put it up on the grocery store side. From Highway 17, you could not see the sign and the business looks closed from the front. She would like to put another sign facing Highway 17. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover inquired if both signs would be within the linear footage 3  requirements. Mr. Caldwell stated she probably would not need another variance for the footage, but he had not received the application to determine it. Chairman McGonigal called for a motion. Mr. Reaves motioned to approve Variance #V16- 21 based on the hardship of the odd-shaped storefront with two entrances. The stipulations would not exceed the linear footage requirement and the new sign would be the same as the existing sign. Ms. Lover amended the motion that the signage be limited to non-neon, non-moving, or non-digital. The motion was seconded by Mr. Quinn. The motion to approve passed 7-0. H. VARIANCE #V18-21: Application by Ted Ruggiero for a variance to reduce the side yard setback requirement from 5’ to 2’ for a proposed storage building at 513 3rd Avenue South zoned Single Family Low Density Residential, R-1 District. He stated if he moved the pool, it would be on top of a drain pipe. This would be the only place the storage building could be located. He handed the Board a picture of the property. Ms. Lover stated she visited the property and there had been many changes to the zoning and property over the years. Ms. Lover explained the City had taken about 6 feet of his driveway, which he thought was his property. She reiterated the odd situation as the properties around him have developed over the years. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal inquired if he could place a smaller storage building in order not to require a variance. He stated that was as small as he could imagine because his mother-in-law moved in with him and had her stuff. He stated he wanted to put an 8x10 Touch Shed from Home Depot on his property. The Board discussed various placement ideas for the storage shed in order not to have a variance. Ms. Lover stated they City was not denying the reasonable use of the property. Mr. Noury agreed and stated he was allowed full use of his property. Ms. Lover stated this was a created hardship. Mr. Ruggiero stated the neighbors had sheds lined up on their properties. Mr. Reaves asked again if he could have a 6 foot shed and Mr. Ruggiero stated it would not be worth it and he couldn’t get his golf cart in it. Chairman McGonigal asked for a survey to show a better understanding of the land and the placement of items on the property and to see if there was a hardship to the land. Mr. Ruggiero stated he would get a lawyer and walked out of the Chambers. Mr. Noury asked, before he left, if he would like the Board to postpone the variance in order to get the survey and bring back for discussion. Mr. Ruggiero stated no. Chairman McGonigal called for a motion. Mr. Bell motioned to deny Variance #V18-21 based on the lack of demonstrating a hardship as it related to the land. The motion was seconded by Mr. Quinn. The motion to deny passed 7-0. I. VARIANCE #V19-21: Application by Alton Swann for a variance to reduce the front yard setback requirement for a proposed balcony at 318 47th Avenue North zoned Single Family Low Density Residential R-1 District. Ms. Galbreath swore in Mr. Swann, as he was not present at the earlier swearing in. Mr. Swann stated this was the second home to be built on the channel in Cherry Grove. He stated they wanted to add a front porch to the home with a front door access, but no stairs, overhead only. He stated there was not a front door and if there was a fire in the kitchen, the only access outside was out the back, 4  because there was not a front door, which was a hardship. The property extended out in the marsh and could not be used, which was another hardship. Mr. Swann stated all the other homes on the street had a front porch, but this one. He did not ask to build the porch out beyond the other homes on the street. Mr. Swann stated it would enhance the safety of the house and the neighborhood. He stated he had letters from neighbors that endorsed the project, because it would add value to their homes. Mr. Wise confirmed the porch would not go past the other homes. Mr. Swann stated it would not. The Board, Alton Swann, and Raymond Swann discussed the proposed porch, square footage, and safety of it. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal called for a motion. Mr. Wise motioned to approve Variance #V19- 21 based on the extraordinary circumstances that the house was built in 1950 and needed to come up to code. It was unique in that it only had one entrance and it would make it more in-line with the neighborhood. The motion was seconded by Mr. Thomas. The motion to approve passed 7-0. Mr. Quinn confirmed the balcony would be roofed. Mr. Swann affirmed it would be roofed. Chairman McGonigal called for a motioned to adjourn. The motion was made by Ms. Lover and was seconded by Mr. Wise. The motion passed 7-0. The meeting adjourned at 6:43 PM. Respectfully submitted, Allison K. Galbreath City Clerk 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. 5