Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, October 13, 2022 5:00 PM MINUTES William McGonigal, Chairman City Staff: Roger Quinn, Vice-Chairman, Absent Ben Caldwell, Zoning Administrator Mendel Bell Elton Farmer, Zoning Technician Cynthia Lover Chris Noury, City Attorney Joe Reaves Allison K. Galbreath, City Clerk Andy Thomas Wyman Wise 1. CALL TO ORDER & ROLL CALL: Chairman McGonigal called the meeting to order at 5:00 PM. 2. APPROVAL OF MEETING MINUTES: Chairman McGonigal called for a motion to approve the minutes of the September 8, 2022 meeting. The motion was made by Mr. Reaves and seconded by Mr. Bell. The motion passed 6-0. 3. COMMUNICATION: None 4. SWEAR IN THOSE PERSONS TO SPEAK: Mrs. Galbreath swore in persons to speak at the meeting. 5. OLD BUSINESS: None 6. NEW BUSINESS: A. SPECIAL EXCEPTION #SE01-22: Application by Triangle Estates for a Special Exception to construct a swimming pool, mechanical room, and restrooms as commonly owned amenities for a townhouse project at 4414 Kingsport Road zoned, Medium Density Residential, R2 District. Jonathan Reynolds, representative for the applicant, stated they were putting in a small neighborhood pool for the residents to utilize. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover asked if it would be properly landscaped. Mr. Caldwell stated they would have to meet guidelines and consolidate a staff approval process. Chairman McGonigal called for a motion. Mr. Wise motioned to grant Special Exception #SE01-22. The applicant has not demonstrated an unnecessary hardship, but it was within the guidelines of the city and what the neighborhood wanted. The Special Exception complies with all applicable development standards, off-street parking; it will be in substantial harmony with the area in which it is to be located; and it will not be injurious to adjoining property. The motion was seconded by Mr. Reaves. The motion to approve passed 6-0. B. VARIANCE #35-22: Application by Flagship Construction to remove a tree in excess of 24 caliper inches at lot 2 at Briarcliff Commons off of Commons Boulevard zoned Mid-Rise Multi- family, R-2A. John B., representative for the applicant, stated the tree had already been removed and was there for the penalty. The tree was in the middle of the master bedroom, and he was told to take it down. Mr. Caldwell stated he had advertised to remove the tree. 1  He didn’t know it had been removed until the day of the meeting. He needed to readvertise, seeking the penalty. He asked to withdraw the item from the agenda. Chairman McGonigal called for a motion. Mr. Reaves motioned to withdraw Variance #35- 22. The motion was seconded by Mr. Thomas. The motion to withdraw passed 6-0. C. VARIANCE #36-22: Application by Don Berno for a reduction of the minimum front yard setback for a proposed platform lift at 339 55th Avenue North zoned Low-Density Single- Family Residential, R-1 District. Kim Berno stated they wanted to install a lift on the front of their house. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. He stated they only needed 1.5’ for the variance. Ms. Lover asked if it would interfere with the parking spaces. Mr. Caldwell stated there was not a requirement on parking for a single-family home. Ms. Berno stated there was a carport they could store cars and at the time of Ms. Lover’s visit, the third car was from a visitor. Mr. Bell stated their lot was unusually small for today’s standards. Chairman McGonigal stated they had an elevated house which couldn’t have ramps and there was nowhere else to put it. Chairman McGonigal called for a motion. Mr. Reaves motioned to grant Variance #36-22. The applicant had shown an unnecessary hardship. The extraordinary and exceptional conditions pertaining to this particular piece of property was the odd shape of the lot and small size of the lot. These conditions did not generally apply to other properties in the vicinity. The application of the ordinance to the particular piece of property would effectively prohibit the utilization of the property. The authorization of the variance would not be of substantial detriment to adjacent properties or to the public good, and the character of the district would not be harmed by the granting of the variance. The motion was seconded by Mr. Bell. The motion to approve passed 6-0. D. SPECIAL EXCEPTION #SE02-22: Application by Philip Hornbeck for a Special Exception to construct a swimming pool, mechanical room, and a clubhouse with a leasing office and restrooms as commonly owned amenities for a townhouse project at 300 Champions Boulevard zoned, Mid-Rise Multi-Family, R-2A District. Mr. Hornbeck stated the amenity center would be the same architecture as the existing buildings. The pool was screened to maintain privacy. Ms. Lover stated she was concerned there was a leasing office in the middle of the residential area. It would be conducting business in the residential area which would lead to more traffic. Mr. Caldwell stated there was no issue with the project. A leasing office in an apartment complex would be normal. The property would not be able to be subdivided or sold separately. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal called for a motion. Mr. Bell motioned to grant Special Exception #SE02- 22. The Special Exception complies with all applicable development standards, off-street parking; it will be in substantial harmony with the area in which it is to be located; it will not be injurious to adjoining property; and it will not discourage or negate the use of surrounding properties. The motion was seconded by Mr. Wise. The motion to approve passed 6-0. E. VARIANCE #37-22: Application by Development Resources Resource Group for the removal of twenty-one trees exceeding 24” at the north side of Myrtle Point Boulevard, TMS #130-00-07-002 zoned Highway Commercial, HC District. Mr. Bell recused himself from the 2  discussion and vote. Mark Stoughton, representative for the applicant, stated this was a multi-use property on 12 acres with apartments, medical, retail, and a restaurant. He stated it was similar to Market Commons. They needed to remove 21 trees and plant back above the required standards. The Board and Mr. Stoughton discussed the site plans, the wetlands, and the replacement of trees. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover asked how many trees they were saving on the wetland side. Mr. Stoughton didn’t have an exact number. Mr. Stoughton stated they had sufficient room to replant 300-inches of replacement trees. Mr. Caldwell stated the existing trees could count toward perimeter landscaping. Chairman McGonigal called for a motion. Ms. Lover motioned to grant Variance #37-22. The applicant could remove the 593-inches of trees they wished to remove. The applicant would replant 300-inches of hardwood canopy trees within the list of acceptable trees with no magnolias. This would be in addition to the City’s landscaping requirements. The motion was seconded by Mr. Thomas. The motion to approve passed 5-0. Chairman McGonigal called for a motion to adjourn. The motion to adjourn was made by Mr. Reaves and was seconded by Mr. Wise. The motion passed 6-0. The meeting adjourned at 5:45 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. 3