Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, September 14, 2023 5:00 PM MINUTES William McGonigal, Chairman City Staff: Roger Quinn, Vice-Chairman Ben Caldwell, Zoning Administrator Mendel Bell Elton Farmer, Zoning Technician Cynthia Lover, Absent Chris Noury, City Attorney Joe Reaves Angela Westmoreland, Asst 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 August 10, 2023 meeting. The motion was made by Mr. Bell and seconded by Mr. Reaves. The motion passed 6-0. 3. COMMUNICATION: Mr. Caldwell stated there were five letters concerning Variance #V42-23. 4. SWEAR IN THOSE PERSONS TO SPEAK: Mrs. Westmoreland swore in persons to speak at the meeting. 5. OLD BUSINESS: None 6. NEW BUSINESS: A. 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. Payne stated there was not another location where the 74x49 lift could be placed. He explained relocating the lift to the left side would lead him into the pool and on the right side there would only be a 24” clearance from the lift to the pool. A wheelchair would not be able to access the lift. He expressed his desire to install the lift behind the existing stairs. Chairman McGonigal requested a drawing. Mr. Payne presented his plans. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal suggested installing the lift in the rear deck. Mr. Payne stated a lift inside the rear deck would create a safety hazard. Mr. Wise asked if the stairs were compliant. Mr. Caldwell confirmed the stairs were not compliant. Mr. Payne expressed his desire to install the lift. Mr. Thomas requested the size of the lot. Mr. Bell stated the lot was 6,250 square feet. He stated setbacks were designed for egress and ingress, 0’ setbacks would limit access to the property. Mr. Payne stated his concerns. Chairman McGonigal stated the applicant had other options available to him. There were other locations where to install the lift. The Board and applicant had a lengthy discussion regarding other alternatives that would meet the setbacks. Vice-Chairman Quinn recommended the applicant postpone the variance to consult with different installers. Mr. Payne asked if the Board would approve the lift if it was inside the deck. Mr. Caldwell explained the lift would meet the code, but the stairs were noncompliant. A variance would be required for the stairs. 1  Chairman McGonigal called for a motion. Vice-Chairman Quinn motioned to postpone Variance #V21-23 and was seconded by Mr. Bell. The motion to postpone passed 6-0. B. SPECIAL EXCEPTION #SE-1-23: Application by Thomas Quattlebaum for a special exception has been withdrawn by the applicant. C. VARIANCE #V37-23: Application by J. Cameron Parker to remove trees exceeding 24 caliper inches at Grande Dunes North near the intersection of Hwy. 31 and Water Tower Road zoned Planned Development, PDD District. Mr. Parker presented several exhibits. He was seeking approval to remove trees in excess of 24 caliper inches. He stated there would be a significant amount of earthwork required and the trees were in the building envelope. It would be difficult to construct homes on the approved lots. He explained the exhibits depicting construction, preserved areas, and tree save areas. In the following exhibit, he explained there were a variety of 21 trees, which none were live oaks, and they varied in size. He requested approval to remove the trees as an overall plan, instead of a plan for each individual tree. Mr. Bell stated the applicant would have hardships with elevation and setbacks. He requested the total number of caliper inches being removed. Mr. Parker stated 664 caliper inches were being removed. Accumulatively, 900 street trees would be replaced, which was a total of 2,694 caliper inches. Mr. Bell asked for clarification. Mr. Parker clarified that the proposed tree replacement schedule exceeded the required 50%. Mr. Bell asked Mr. Caldwell if he agreed with the information provided. Mr. Caldwell agreed. Mr. Bell requested the total number of trees saved. Mr. Parker stated he did not have the total number of saved trees. Vice-Chairman Quinn asked if there would be a variety of trees. Mr. Parker confirmed there would be a variety of trees. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Vice-Chairman Quinn requested the total of caliper inches being replaced. Mr. Parker stated the total replacement would be 2,694 caliper inches. The total did not include tree save areas, supplemental landscaping, nor preserved areas. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V37-23. The extraordinary and exceptional condition pertaining to this particular piece of property was the grading of the property that would affect the elevation and setbacks. This condition 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. Bell requested the applicant to keep the current replacement schedule for the project. The motion was seconded by Mr. Thomas. The motion to approve passed 6-0. D. VARIANCE #V38-23: Application by Vasilis Paliouras to allow a storage building in the side yard and to reduce the required side yard setbacks for an existing storage building at 4501 Poinsett Street zoned Single Family, Low Density Residential, R-1 District. Mr. Caldwell stated Mr. Paliouras requested to postpone the discussion of Variance #V38-23. He was unable to attend the meeting due to sickness. Chairman McGonigal called for a motion. Mr. Bell motioned to postpone Variance #V38-23. The motion was seconded by Mr. Reaves. The motion to postpone passed 6-0. 2 E. VARIANCE #V42-23: Application by Mitch Sells for a variance to allow an existing generator to be located in a required side yard and to allow privacy fencing to be installed around the generator at 2609 South Ocean Boulevard zoned Resort Residential, R-4 District. Mr. Sells stated a permit was obtained to replace a roof-top generator a year ago. Due to costs, the new generator was installed on the side of the building. The City approved the generator on the side of the building. He was recently informed the generator was not approved by Zoning and it was installed 10’ from the property line. The generator did not meet the required 15’ setbacks. Mr. Wise requested clarification. Mr. Sells clarified the Building Department approved the location of the generator. He would like to install a vinyl fence around the generator. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Reaves requested clarification. Mr. Caldwell clarified the generator was not approved by Zoning. The location of the generator was not reviewed at the time of permit submittal. Zoning performed an inspection after the generator was installed on the side yard. Chairman McGonigal asked if the main issue was the generator’s location. Mr. Caldwell stated the concerns were the location and noise. Chairman McGonigal asked Mr. Noury for recommendations. Mr. Noury stated the applicant had to demonstrate a hardship related to the land. The Board could not correct an issue regarding a matter that was mistakenly granted. Mr. Sells stated he was unaware of presenting a hardship. Chairman McGonigal opened the floor for public comment. Mr. Puhl, neighbor, stated the generator was a large industrial generator. It was 9’8” from the property and 22’6” from the generator to the screen porch. Based on his app, the generator emits 105 decibels of noise. Mr. Puhl expressed his concerns of flooding and carbon monoxide. Ms. Williams, property manager, stated the generator was near the pool which created a noise and gas exhaustion problem. Mr. Finley, neighbor, agreed the noise was a large inconvenience when using the pool. Mr. Sells stated he was unaware of any complaints. He assured the generator’s time could be adjusted. He asked if the Board would view the variance differently, since the generator was approved a year ago. Mr. Noury explained the Board could not make decisions on mistakes, only on hardships related to the land. Mr. Thomas asked what the hardship would be. Mr. Sells stated he did not have a hardship. Mr. Bell asked if the applicant withdrew the motion, would he be required to remove the generator. Mr. Noury confirmed a piece of equipment that was not compliant with the code could not be in the setback. Mr. Reaves asked if a fence could be installed. Mr. Caldwell stated a pool fence could be installed in the side yard. Chairman McGonigal stated the applicant had an alternative option. The generator could be placed on the roof. Mr. Sells stated it would be very expensive to relocate the generator to the roof. Mr. Noury recommended the Board postpone the variance to allow the applicant the opportunity to demonstrate a hardship. The applicant indicated he was unsure of the standard of pursuing a variance. Chairman McGonigal called for a motion. Mr. Thomas motioned to postpone Variance #V42- 23. The motion was seconded by Vice-Chairman Quinn. The motion to postpone passed 6-0. F. VARIANCE #V43-23: Application by Joseph Howell for a variance of side and rear yard setback for an existing deck roof at 122 Live Oak Court zoned Medium Density Residential, R-2 District. Mr. Howell stated he replaced the rotten decking boards and constructed a roof over the existing deck. 3  Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Wise asked for clarification on the requested variance. Mr. Caldwell stated the existing deck was encroaching into the side and rear setback. The property had two 0’ property lines. The roof addition was another nonconforming structure on the property. Mr. Reaves asked how the City became aware of the structure. Mr. Caldwell stated a complaint was filed. Mr. Thomas asked what the hardship would be. Mr. Howell stated he had COPD and he had to stay out of the sun. Vice-Chairman Quinn explained the hardship had to be related to the land. Mr. Howell stated the deck only encroached into the rear setback. He was approximately 10’-15’ from the side property line. Mr. Reaves requested to see the applicant’s property lines. Mr. Bell asked if the shrubs belonged to the applicant. Mr. Howell clarified the shrubs were not his. Mr. Farmer presented an image of the aerials depicting the property lines. Mr. Wise requested the size of the lot. Mr. Farmer stated the lot was 3,690 square feet. Chairman McGonigal requested the square footage for a minimum lot size in R- 2 district. Mr. Caldwell stated the property was in a defunct patio home scheme and he believed the requirement was 2,000 square feet. Chairman McGonigal explained if the lot was undersized than it would be a hardship. Mr. Howell stated his hardship was his health. Mr. Thomas explained health could not be considered a hardship. Mr. Noury explained the Board was sympathetic to his condition, but it was not a legal standard to grant a variance. He stated that he noticed the applicant’s property was wedge shaped at the front of the property. Mr. Wise stated if the property was a full square, it would be wider on the sides. Chairman McGonigal called for a motion. Mr. Bell motioned to deny Variance #V43-23. The applicant failed to demonstrate an unnecessary hardship. There were no extraordinary and exceptional conditions pertaining to this particular piece of property that would merit a variance from the application of the zoning code. The motion was seconded by Mr. Wise. The motion to deny passed 6-0. G. VARIANCE #V44-23: Application by Chris Chockley for a variance to remove a Live Oak tree at 200 Highway 17 South zoned Office Commercial, OC District. Mr. Keating, representing DOC Engineering, stated Mr. Chockley was unable to attend the meeting. He presented plans depicting an addition to the existing church. He was seeking approval to remove a tree located within the footprint of the addition. He stated three additional live oak trees would be planted in replacement of the removed oak tree and the site’s supplemented trees. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal asked for clarification on the three replacement trees. Mr. Wise asked for the caliper inches of the oak tree that would be removed. The landscape architect stated it was a three-trunk oak tree. Mr. Keating clarified the tree’s caliper inches. The first limb was 20”, second limb was 24”, and third limb was 28”. The landscape architect stated there would be interior landscaping and landscaping along the street. She presented landscape plans. The three additional live oaks would be 10’ high and 3” each. Mr. Caldwell stated the two largest trunks were measured on double trunk trees. He explained in this instance, it would be 52” with 26” of replacement. If it was a tree less than 24” then the City would require 50% to be replaced. Chairman McGonigal asked for the type and caliper inches of the additional trees. The landscape architect stated the additional trees were magnolias and maples. The total caliper inches were 36”. Mr. Keating mentioned the project had a phase two and it would include two live oak trees. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V44-23. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional 4  condition pertaining to this particular piece of property was a tree located within the footprint of the building to be built. This condition 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. Reaves. The motion to approve passed 6-0. H. VARIANCE #V45-23: Application by Al Padavano for a setback variance has been withdrawn by the applicant. Chairman McGonigal called for a motion to adjourn. The motion to adjourn was made by Mr. Reaves and seconded by Mr. Wise. The motion passed 6-0. The meeting adjourned at 6:17 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. 5