Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, May 11, 2023 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, Absent Chris Noury, City Attorney Joe Reaves Alexandra Smith, Administrative Asst II 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 April 13, 2023 meeting. The motion was made by Mr. Thomas and seconded by Mr. Wise. The motion passed 5-0. 3. COMMUNICATION: Mr. Caldwell stated Variance #V18-23 had been withdrawn by applicant. Mr. Caldwell stated Variance #V20-23, application by Pools Plus, needed to be postponed. Pools Plus was unable to attend. Mr. Caldwell stated Variance #V21-23, upon staff review, research revealed a set of steps were built in the same location the applicant wanted a variance for a lift as proposed. Mr. Caldwell mentioned he would readvertise for the steps and lift. 4. SWEAR IN THOSE PERSONS TO SPEAK: Mrs. Smith swore in persons to speak at the meeting. 5. OLD BUSINESS: None 6. NEW BUSINESS: A. VARIANCE #V12-23: Application by Nancy Rector for a request to remove a tree exceeding 24 caliper inches at 405 26th Avenue South. Mrs. Rector stated she would like to remove the large tree due to safety hazards. An abundance of tree limbs had fallen, and the tree had begun to lean towards her neighbor’s house. She expressed her fear of hurricane season approaching and the possibility of the tree falling on three houses, making her liable for the damage. Mr. Wise asked Mrs. Rector if it was a live tree. He informed Mrs. Rector that insurance would have to pay if it was a live tree. She would not be held liable if it was a live tree. Mrs. Rector was uncertain of the tree’s species nor size. Mr. Caldwell stated it was a 42” oak tree. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal asked Mr. Elton for updates since the last meeting. Mr. Elton stated it had been 2-3 weeks since he last observed the tree. The root system seemed healthy. He confirmed it was an oak tree. Chairman McGonigal stated healthy trees would 1  not be removed due to size. Mrs. Rector restated her concerns. Chairman McGonigal motioned to postpone the variance under certain circumstances. He asked Mr. Elton to inspect prior to making a final decision. If there were any findings, Mrs. Rector would be required to have an arborist to inspect the tree. Mr. Noury stated the applicant would have to demonstrate a hardship to the land to remove the tree. Chairman McGonigal called for a motion. Mr. Reaves motioned to postpone Variance #V12- 23 to the next scheduled meeting. The motion was seconded by Mr. Thomas. The motion to postpone passed 5-0. B. VARIANCE #V16-23: Application by Rick Asher to reduce the required rear yard setback for a proposed home at 885 Cardinal Place zoned Medium Density Residential, R-2 District. Mr. Asher was not at the meeting. Mr. Noury informed the Board that it’s been the Board’s practice in the past, if an applicant did not appear the first time, to postpone the variance to the following meeting to allow the applicant an opportunity to present information on their behalf. Chairman McGonigal informed the concerned citizens that came to the meeting that the variance would be postponed. The concerned citizens requested a motion to be made due to the applicant’s failure to appear. Mr. Noury then stated the Board could have the variance withdrawn due to the applicant’s failure to appear. Chairman McGonigal agreed to have the variance withdrawn. Chairman McGonigal asked for input from the Board. Mr. Thomas stated his concerns regarding the variance being withdrawn due to the applicant’s unforeseen circumstances. Chairman McGonigal stated the applicant failed to notify staff of their absence to help prevent concerned citizens from appearing. Mr. Bell agreed to have the variance withdrawn and the applicant would have to readvertise for the next meeting. Chairman McGonigal called for a motion. Mr. Bell motioned to withdraw Variance #V16-23. The motion was seconded by Mr. Wise. The motion to withdraw passed 5-0. C. VARIANCE #V17-23: Application by The Earthworks Group to remove 2 trees exceeding 24 caliper inches at 1716 24th Avenue North. Mr. Park, representing the applicants, stated a year ago he was granted approval to remove several trees. Mr. Park informed the Board two oak trees were depicted incorrectly on the original survey due to technical difficulties. Mr. Park provided a plot plan of the trees. Mr. Park stated he was seeking approval to remove two 26” hickory trees and one water oak that was located on the water line. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Caldwell stated that trees within utility easements would be exempted. He confirmed the Board would not have to act on the water oak. Chairman McGonigal asked for staff’s input. Mr. Bell asked for clarification on the trees being removed. Mr. Caldwell confirmed the location of the trees. Mr. Bell stated that the trees were mislabeled on the plot plan provided. Mr. Caldwell commented the plan displayed three protected trees, but only two were advertised. He suggested the Board act on the two trees, and he would readvertise on the third tree. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V17-23. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional conditions pertaining to this particular piece of property were the trees within the footprint of the building. 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 2  not be harmed by the granting of the variance. Mr. Bell added the Board would grant the removal of the 26” hickory on Lot 21 and the 24” water oak located in the middle of Lot 23. The applicant would need to readvertise for the additional tree to be removed. The motion was seconded by Mr. Thomas. The motion to approve passed 5-0. D. VARIANCE #V18-23: Withdrawn by the applicant prior to the meeting. E. VARIANCE #V19-23: Application by Leann Oakley for a request to remove a tree exceeding 24 caliper inches at 1404 James Island Avenue. Mr. Colomb, residential builder, represented Ms. Oakley. Mr. Colomb stated a 26” oak tree was in the footprint of the house. He also stated the applicant would like to remove a 24” tree located on the left of the house, but would keep it, if the 26” tree could be removed. Mr. Colomb presented a plot plan with the location of the trees. 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 #V19-23. The applicant had shown an unnecessary hardship. The extraordinary and exceptional conditions pertaining to this particular piece of property was the tree within the footprint of the house. 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. Mr. Wise added the 24” tree that was not in the footprint of the house must stay. The motion was seconded by Mr. Bell. The motion to approve passed 5-0. F. VARIANCE #V20-23: Application by Pools Plus of the Carolinas to reduce the required side yard setback for proposed pool equipment at 1805 Holly Drive zoned Mid-Rise Multifamily, R-2A District. Mr. Caldwell stated Pools Plus of the Carolinas requested to postpone the discussion of Variance #V20-23. The applicant was unable to attend. Mr. Noury stated the Board could make the motion to postpone the variance to the next meeting. Chairman McGonigal called for a motion. Mr. Reaves motioned to postpone Variance #V20- 23 to the next meeting. The motion was seconded by Mr. Bell. The motion to postpone passed 5-0. G. VARIANCE #V21-23: Application by Troy Payne to reduce the required building setback for a proposed lift at 322 46th Avenue North zoned Single Family Low Density Residential, R-1 District. Mr. Caldwell stated Variance #V21-23, revealed a set of unpermitted steps were built in 2014 per Google street view images. The applicant requested to place a lift in the same area as the steps. Mr. Caldwell stated the applicant must include the steps in the variance. Mr. Noury stated he had discussed the variance with the applicant. The variance would be withdrawn by the Board and the applicant would reapply for the steps. Chairman McGonigal called for a motion. Mr. Bell motioned to withdraw Variance #V21-23. The motion was seconded by Mr. Reaves. The motion to withdraw passed 5-0. H. VARIANCE #V22-23: Application by Chad Naugle to reduce the required side yard setback for proposed pool equipment at 3801 Blaylock Court zoned Medium Density Residential, R-2 District. Mr. Naugle presented a site map demonstrating a 20’ easement on his property. He 3  stated the gas meter was located on the left side of the property. If the pool equipment was installed at the back of the property, 60’ of natural gas lines with three bends would have to be run. Mr. Naugle requested for the pool equipment to be installed on the side of the house and run a 10’ gas line. He confirmed the pool equipment would be 26’ from the neighboring property instead of 6’. Mr. Naugle informed the Board that the pool equipment’s decibel rating and size was like an HVAC unit. Mr. Naugle expressed concerns about running gas lines under concrete. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Bell asked for clarification on the reasoning for not allowing pool equipment in setbacks. Mr. Caldwell stated in previous research, pool equipment was much louder than air conditioning equipment. Chairman McGonigal asked Mr. Noury if a large easement would be considered a hardship. Mr. Noury stated the applicant would have the burden of proving what the hardship was, but he did not believe the easement would be considered a hardship. He stated the hardship would have to relate to their land. Financial hardship, or a hardship created by the applicant was not viewed as a hardship that related to the land. Mr. Bell asked the applicant to state their hardship. In response to Mr. Bell’s question, Mrs. Naugle clarified the hardship was the distance of the gas meter location. Mr. Bell and Chairman McGonigal explained that hardships must be attached to the land and restrict land use. Mr. Naugle suggested the zoning ordinance to be revised. Mr. Bell explained the procedure for revising the zoning ordinance. Mr. Bell recommended the applicants postpone the variance to allow staff and City Council members to discuss the zoning ordinance. Mr. Noury explained the legal standard that the Board must follow. Chairman McGonigal requested Mr. Caldwell to begin the revision process of the zoning ordinance. Mr. Caldwell stated it would take approximately three months to create a zoning ordinance. Mr. Bell informed the applicants if the variance was denied, they would have to wait a year to reapply. He advised the applicants to withdraw the variance. Mrs. Naugle requested to withdraw the variance. Chairman McGonigal called for a motion. Mr. Bell motioned to withdraw Variance #V22-23. The motion was seconded by Mr. Reaves. The motion to withdraw passed 5-0. Chairman McGonigal called for a motion to adjourn. The motion to adjourn was made by Mr. Bell and was seconded by Mr. Wise. The motion passed 5-0. The meeting adjourned at 6:04 PM. Respectfully submitted, Alexandra Smith Administrative Assistant II 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