Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, October 12, 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 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 September 14, 2023 meeting. The motion was made by Mr. Thomas and seconded by Mr. Reaves. The motion passed 6-0. Ms. Lover abstained because she was not in attendance at the meeting. 3. COMMUNICATION: Mr. Caldwell stated there were three emails pertaining to Variance #V38- 23. 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 #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 Mr. Payne requested to withdraw the variance. Chairman McGonigal called for a motion. Mr. Wise motioned to withdraw Variance #V21-23 and was seconded by Mr. Quinn. The motion to withdraw passed 7-0. B. 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 recommended the Board to remove Variance #V38-23 from the agenda. Chairman McGonigal called for a motion. Mr. Reaves motioned to remove Variance #V38-23 from the agenda and was seconded by Mr. Bell. The motion to remove passed 7-0. C. 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. Caldwell stated Mr. Sells requested to postpone Variance #V42-23 to the next scheduled 1  meeting. Chairman McGonigal opened the floor for public comment. Mr. Baine, neighbor, stated the generator was located beside the pool, which was 10’ to 15’ from the property line. The generator was very noisy, and it produced extreme fumes that created a health hazard. He expressed his desire for the existing generator to be relocated to the roof. Mr. Wise asked how often the generator came on. Mr. Baine stated the generator was tested once a week, but automatically kicked on during a power outage. Chairman McGonigal asked if the generator was permissible in the front of the property. Mr. Caldwell specified he could not confirm if it would be permissible without research. Ms. Williams, property manager, stated the generator ran every Saturday at 10:00 AM for an hour. Mr. Bell recalled the statement from the previous meeting. Ms. Williams stated there was video and audio of the generator. She clarified the generator was 9’ away from the property line and windows could not be opened due to the fumes. She stated the Board President of Cresent Towers informed them that he was considering relocating the generator to the front of the property. Chairman McGonigal called for a motion. Mr. Reaves motioned to postpone Variance #V42- 23 to the next scheduled meeting and was seconded by Mr. Wise. The motion to postpone passed 7-0. D. VARIANCE #V46-23: Application by Robert Rogers to exceed the maximum allowed signage for a proposed convenience store on a currently vacant lot at the corner of Hwy. 17 North and Vereen Drive zoned Highway Commercial, HC District. Mr. Rogers was not in attendance at the meeting. Chairman McGonigal called for a motion. Mr. Bell motioned to postpone Variance #V46-23 to the next scheduled meeting and was seconded by Vice-Chairman Quinn. The motion to postpone passed 7-0. E. VARIANCE #V47-23: Application by Krista Cole for a variance to allow a second building mounted sign at 900 Highway 17 South zoned Highway Commercial, HC District. Ms. Cole was not in attendance at the meeting due to a family emergency. Mr. Caldwell stated Ms. Cole requested to postpone the variance to the next meeting. Chairman McGonigal called for a motion. Mr. Reaves motioned to postpone Variance #V47- 23 to the next scheduled meeting and was seconded by Mr. Bell. The motion to postpone passed 7-0. F. VARIANCE #V48-23: Application by Porter Hardee for a variance to install a privacy fence on the oceanfront at 2406 North Ocean Boulevard zoned Resort Residential, R-4 District. Mr. Hardee presented images of the existing fence. He stated the fence was approved a year ago. He was seeking approval to install an additional 21’ of privacy fence towards N Ocean Boulevard. Ms. Lover and Chairman McGonigal stated they did not recall specifying the length of the approved fence. They inquired about the meeting’s audio recordings and minutes. Mr. Caldwell stated privacy fences were not permitted on the oceanfront. He did not recall if the location of the fence was specified. If the exact location was not specified, the fence could be installed without further approval. Chairman McGonigal suggested researching prior to approving the variance. Mr. Noury stated the Board could approve the variance with conditions. Ms. Lover suggested the applicant enclose the pool equipment with doors as an alternative option. Mr. Hardee expressed his desire to install the fence at the proposed location to make it aesthetically pleasing. Ms. Lover stated the fence should not be extended to the road. Mr. Bell clarified the fence would stop at the corner of the house. 2  Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. The Board had a lengthy discussion regarding any recollection of the previously approved variance. Mr. Caldwell stated if the Board postponed the variance to next month, he would provide the minutes and approvals in a staff report. Mr. Noury confirmed the audio recordings would be available. Chairman McGonigal opened the floor for public comment. Ms. Blayton, neighbor, stated she opposed the additional fence. She expressed her concerns of the fence becoming loose or airborne during a storm, expenses, debris insurance claims, and the location of the additional fence. Extending the fence to the road would cause additional accidents due to no visibility. Mr. Hardee clarified the fence would be extended to the corner of the house. He assured the Board the fence would be secured. Ms. Blayton restated her concerns. Mr. Bell stated the Board had the ability to amend the variance. Mr. Noury explained the Board had the authority to place conditions on the approved variance. The Board did not have the ability to address a matter that was approved at a prior point in time. He recommended doing research on the previously approved variance to determine what was specifically approved and if the linear footage of the fence was addressed at that time. Mr. Thomas requested clarification on why the applicant needed a variance if the variance had been approved. Mr. Caldwell clarified any additional fencing required a variance. The Board agreed to postpone the variance to research the previous variance and to give the applicant the opportunity to explore other options. Chairman McGonigal called for a motion. Ms. Lover motioned to postpone Variance #V48-23 to the next scheduled meeting and was seconded by Vice-Chairman Quinn. The motion to postpone passed 7-0. G. SPECIAL EXCEPTION #SE2-23: Application by C. Steven Powell for a special exception to expand dry stack storage for boats at 4430 Kingsport Road (Grande Harbor Marina) zoned Highway Commercial, HC District. Mr. Powell stated he was seeking approval to construct an addition for outdoor boat ramps. He presented an image of the former facility in 1972. The structure was removed 4 years ago. The proposed addition would be the same footprint as the previous structure and harmonious with the neighborhood. Ms. Lover identified the proposed structure would be open storage, unlike the previous structure. She expressed her concerns regarding noise disturbance and fumes affecting nearby residents. Mr. Powell assured the Board there would not be an increase in noise or fumes. Mr. Bell stated there was a residence nearby, but it was a large piece of property. Mr. Powell stated there was a 30’ setback from residence properties. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Reaves and Mr. Bell asked for clarification as to why a special exception was required. Mr. Caldwell explained a special exception was required due to the expansion of the use and the removal of the structure. Ms. Lover asked if the structure would be all open or partially enclosed with a roof. Mr. Powell stated the design of the structure had not been finalized. The structure would be taller, but it would not exceed 50’. The structure would have two sides and a back. Chairman McGonigal asked if the City received any noise complaints. Mr. Caldwell confirmed he had not received any calls concerning noise complaints. Chairman McGonigal suggested providing a fence or buffer to help contain the noise. Mr. Powell confirmed the back side would keep the noise in. Mr. Wise requested the applicant to install a back on the west side and provide a fence along the property line. Mr. Davis stated there was a 4’ drop in elevation between the properties. Installing a fence on 3  the property would not make a difference. There was a 10’ to 12’ pine forest buffer on the neighboring property. Chairman McGonigal called for a motion. Mr. Wise motioned to approve Special Exception #SE2-23. The special exception would comply with all applicable development standards, off-street parking, and it would be in substantial harmony with the area in which it would be located. The special exception would not be injurious to the adjoining property. The special exception would not discharge or negate the use of surrounding property for use or uses permitted by right. Mr. Wise added the building must have a backside on the west side of the proposed structure. The motion was seconded by Mr. Thomas. The motion to approve passed 7-0. Chairman McGonigal called for a motion to adjourn. The motion to adjourn was made by Mr. Bell and seconded by Mr. Reaves. The motion passed 7-0. The meeting adjourned at 5:56 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