Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, September 9, 2021 5:00 PM MINUTES William McGonigal, Chairman City Staff: Roger Quinn, Vice-Chairman, Absent Ben Caldwell, Zoning Administrator Mendel Bell Chris Noury, City Attorney Cynthia Lover Dawn Snider, Acting City Clerk Joe Reaves, Absent Andy Thomas Wyman Wise 1. CALL TO ORDER & ROLL CALL: Chairman McGonigal called the meeting to order at 5:02 PM. 2. APPROVAL OF MEETING MINUTES: No minutes to be approved. 3. COMMUNICATION: None 4. OLD BUSINSS: None 5. NEW BUSINESS: A. SWEAR IN THOSE PERSONS TO SPEAK: Ms. Snider swore in persons to speak. B. VARIANCE #V20-21: Application by Gorden Evans for a variance to reduce the required rear setback from 15’ to 5’ at 3908 Dunes Street zoned Resort Residential, R-4 District. Mr. Evans stated they have had this property for 40 years and the goal was to make it their retirement home. Per the Board’s request, he provided a sketch of the variance sought. They needed to add on a bath, laundry area, and more living space to provide more of a permanent home. Mr. Evans stated this was an old, small lot that was approximately half the size of properties in the area. In addition, the lot was angled and odd shaped. He requested a variance to have a setback of 5’ at the rear of the property. The remodel would help to increase property values and the neighbors did not have a problem with this addition. Ms. Lover clarified the setback that was necessary to build what they were wanting. Ms. Lover stated they would be able to build a 7 foot addition without needed a variance. Mr. Evans stated that was correct, but wouldn’t allow for the needed room size. Ms. Lover asked what the hardship was. Mr. Evans stated they were dealing with a small property and angled lot. Ms. Lover asked Mr. Caldwell what the minimum square footage was for an R-4 lot. Mr. Caldwell stated it was 5,000 square feet. Mr. Evan’s lot was approximately 2,750 square feet. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Evans stated the current square footage was approximately 800 square feet and with the addition would be 1,400 square feet. The Board and staff discussed the standard and sub-standard sizes of R-4 lots in the Windy Hill area. Ms. Lover stated wanting more space was not a hardship and their lot was only slightly odd shaped. Mr. Wise stated their lot was way under the normal size of an R-4 lot. 1  Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V20-21 based on the hardship of an irregularly shaped and unusually small lot size with the condition the house be built as presented to the Board. The motion was seconded by Mr. Wise. The motion to approve failed 2-3. The Board and staff discussed a way to have some setbacks to provide some relief for the addition. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V20-21 based on the hardship of an irregularly shaped and unusually small lot size with the condition the setback be 9 feet, instead of 7 feet. The motion was seconded by Mr. Wise. The motion to approve passed 5-0. D. VARIANCE #V25-21: Application by Sharon Goodwin for a variance to reduce one of the front yard setbacks from 20’ to 10’ at 2603 Camp Street zoned Mobile/Manufactured Home Residential, R-3 District. Ms. Goodwin stated they had two front lots and was requesting a front setback of 10’. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover stated this was seen frequently in their area and a standard mobile home would not currently fit on it. Ms. Goodwin would like the front of the mobile home to face Willow Street. Chairman McGonigal called for a motion. Ms. Lover motioned to approve Variance #V25- 21 due to the hardship of a double-fronted lot, which made putting a mobile home on the property difficult. The motion was seconded by Mr. Wise. The motion to approve passed 5-0. E. VARIANCE #V28-21: Application from A Backyard Creation for a variance to install a swimming pool in one of the side yards at 704 1st Avenue South zoned Single Family Low Density Residential, R-1 District. Stephanie Ussery stated she had an odd sized lot with a pond in the front and a 15’ easement. They would need to push the pool toward the side of the lot. The Board and staff discussed the property lines between the existing home and the neighbor’s. Ms. Ussery stated their home was facing a different direction than others in the neighborhood. According to the diagram, Ms. Lover inquired why the pool could not be built in the back of the yard. Mr. Caldwell stated there was room to put it, but there was a French drain located in the back yard. Ms. Lover stated she felt this was not a necessity, but a desire of where she wanted it. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. The Board and staff continued the discussion on the variance and if a pool could be placed in the back yard without a variance being granted. Mr. Bell suggested to table this variance in order to have A Backyard Creation explain the placement of the pool. Chairman McGonigal called for a motion. Mr. Bell motioned to table Variance #28-21 to the next scheduled meeting. The motion was seconded by Ms. Lover. The motion to table passed 5-0. F. VARIANCE #V29-21: Application by Rescue Rehab Resale for a variance to install a swimming pool in one of the side yards at 409 26th Avenue North zoned Single Family Low Density Residential, R-1 District. Mr. Puczylowski showed the Board an aerial view of his home and the proposed placement of the pool, which was behind the rear of his neighbor’s 2  house. It would be partially on the side. Ms. Lover explained the builder built the homes as close together as he/she could to put as much house on the property as possible, with no consideration of what a future homeowner would want on the property, like a pool. Then a homeowner buys it and realizes there were restrictions on what they could do on the property. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. The Board and staff continued the discussion on the variance and if there was a hardship. Mr. Puczylowski stated the proposed location would be the only place for a pool. Chairman McGonigal called for a motion. Ms. Lover motioned to deny Variance #29-21 based on the applicant did not demonstrate a hardship. The motion was seconded by Mr. Thomas. The motion to deny passed 5-0. G. VARIANCE #30-21: Application by Tyler Thorn for a variance to encroach seven feet into the required twenty-foot rear yard setback for a proposed home at 1105 Marsh Cove Ct. zoned Single Family, Low Medium Density Residential, R-1B District. Mr. Thorn stated this property had a 42-inch live oak at the front of the property. The house fits in the setback. An arborist on their staff reported to Mr. Thorn that in the future the foundation of the house could do damage to the tree. The critical line in the back of the lot was not a straight line. Mr. Thorn requested 7’ in order to err on the side of caution to prevent problems with the tree in the future. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal commended Mr. Thorn for trying to preserve as many trees as possible in this development. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #30-21 due to the hardship of the odd shape of the back of the lot. The motion was seconded by Ms. Lover. The motion to approve passed 5-0. H. VARIANCE #31-21: Application from George Gregory for a variance of the paving and curbing requirements of creating a parking lot at 708-710 18th Avenue South zoned Neighborhood Commercial, NC District. Mr. Gregory stated he represented Rick Elliott and gave some details on the background of the property. They had obtained a business license and several months later were told they needed to go through the Technical Review process. After going through the Technical Review process, they had spirited discussions with the city. They would like to use the buildings before the busy season began. Mr. Gregory stated for the anticipated use of the buildings, they would not be open to the public. The property was currently zoned as for their intended use. Mr. Gregory showed the Board pictures of the property and buildings. He discussed the challenges the property had before Mr. Elliott redid some of it. Mr. Gregory stated they would like to leave it like it was. It was much better for the environment and he said that Mr. Blayton told him what they had done was better for the city than if it was paved. Mr. Gregory stated he had a meeting with Mr. Caldwell and he told them they needed to go before the Technical Review and he suggested to go before the BZA Board to get this variance. Mr. Elliott would maintain the property and it would be landscaped very well. Mr. Gregory read a statement from G3 Engineering confirming the dust problem had been taken care of 3  and the property drained well. Mr. Gregory stated this was a great benefit to the city, to them, and mostly a huge benefit to the neighbors who already had drainage problems. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. The Board and staff discussed the ordinance and its intended purpose. Ms. Lover stated she would think it would be preferred to have this parking lot gravel versus paved, because of the drainage issues. Mr. Caldwell stated if the paving was installed properly, it would not create drainage problems. Chairman McGonigal called for a motion. Ms. Lover motioned to approve Variance #31- 21 due to paving the lot would likely create a hardship on the property by creating additional runoff. The aggregate surface must always be a dust-free topping. The motion was seconded by Mr. Bell. The motion to approve passed 5-0. Chairman McGonigal called for a motioned to adjourn. The motion was made by Ms. Lover and was seconded by Mr. Wise. The motion passed 5-0. The meeting adjourned at 6:22 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. 4