Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, March 14, 2024 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, Absent 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 February 8, 2024 meeting. The motion was made by Mr. Bell and seconded by Mr. Thomas. The motion passed 4-0. 3. COMMUNICATION: Mr. Caldwell stated the applicant, Mark Stoughton, requested to withdraw Variance #V7-24. Mr. Noury stated Mr. McCabe, representing Crescent Towers, was a member of the General Assembly and he was currently in session. He would not be able to attend the meeting. Mr. Noury identified that there would be a lack of quorum due to Mr. Thomas’s recusal from the discussion and vote. Mr. Noury stated Variance #V6-24 would be postponed to the next scheduled meeting due to Mr. McCabe’s absence and the lack of a quorum. 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 #V6-24: Application by D. Ryan McCabe Jr. for a variance of side yard setback for a generator at 2609 South Ocean Blvd. zoned Resort Residential, R-4 District. This is a rehearing of Variance #V42-23. Mr. McCabe was unable to attend the meeting. Mr. Noury identified that there would be a lack of quorum due to Mr. Thomas’s recusal from the discussion and vote. Mr. Noury stated Variance #V6-24 would be postponed to the next scheduled meeting due to Mr. McCabe’s absence and the lack of a quorum. B. VARIANCE #V7-24: Application by Mark Stoughton for a variance to remove protected trees within the Forestwood Development at 9525 Potters Pass Dr. formerly known as the RL Bell tract Zoned Medium Density Residential, R-2A District. Mr. Caldwell stated the variance was withdrawn by the applicant. C. SPECIAL EXCEPTION #SE1-24: Application by Mark Stoughton for a special exception to provide commonly owned amenities within the Forestwood Development at 9525 Potters Pass Dr. zoned Medium Density Residential, R-2A District. Rob Wilfong, representing DRG, was requesting a special exception for the amenity center, swimming pool, pickleball court, playground, and a small community center. 1  Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Bell stated that the application for the special exception met all the required criteria. Chairman McGonigal called for a motion. Mr. Bell motioned to approve the Special Exception #SE1-24. The special exception complied with all applicable development standards, off-street parking because it had the required parking between the two developments. The special exception would be in substantial harmony with the area in which it was located. The special exception would not be injurious to adjoining property. The special exception would not discourage or negate the use of surrounding property for uses permitted by right because it would be shared amenities between the two properties. The motion was seconded by Mr. Thomas. The motion to approve passed 4-0. D. VARIANCE #V8-24: Application by Kim Ford for variance of side and rear yard setback for a proposed park model at 5400 Little River Neck Road Lot # 47 zoned Planned Development, PDD District. Ms. Ford was unable to attend the meeting. Mr. Caldwell stated the applicant asked the Board to consider making a motion in her absence. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal recommended postponing the discussion of Variance #V8-24 to the next scheduled meeting. Chairman McGonigal opened the floor for discussion. Mr. Furtado, neighbor, expressed his concerns regarding the reduction of setbacks. Chairman McGonigal advised Mr. Furtado to appear at the next scheduled meeting to address his concerns. Chairman McGonigal called for a motion. Mr. Bell motioned to postpone Variance #V8-24 to the next scheduled meeting. The motion was seconded by Mr. Reaves. The motion to postpone passed 4-0. E. VARIANCE #V9-24: Application by Sandra Cummings for a variance of side yard setback at 304 14th Avenue South zoned Resort Residential, R-4 District. Ms. Cummings stated she constructed a roof on an existing patio without a permit. She presented images of the roof. Ms. Cummings stated the lot was odd shaped and undersized. The lot was 2,700 square feet, which was smaller than the required 5,000 square feet. Chairman McGonigal requested the minimum lot square footage for a single-family dwelling in the R-4 zoning district. Mr. Caldwell confirmed the current minimum zoning requirement for R-4 District was 5,000 square feet. Chairman McGonigal stated it was a non-conforming lot. Mr. Caldwell stated it was a patio home project, which was no longer in the ordinance. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Bell asked how the City became aware of the structure. Mr. Caldwell stated a complaint was made. Chairman McGonigal requested the specific amount of variance required. Ms. Cummings presented a survey. Mr. Bell asked if the roof sloped over the fence causing water to drain into the neighbor’s property. Ms. Cummings stated the water was not draining into the neighbor’s property. Mr. Bell asked if the variance could be approved with the condition to monitor the water. Mr. Caldwell stated water was considered a matter between the property owners. Mr. Noury suggested the applicant make modifications to the roof. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V9-24. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional condition pertaining to this particular piece of property was the smaller lot size than the current minimum zoning requirement which was 5,000 square feet and the neighborhood was built prior to the current zoning standards. 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 2  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. Thomas. The motion to approve passed 4-0. F. VARIANCE #V10-24: Application by Brenda Tucker for a rear yard setback variance at 2507 North Ocean Boulevard zoned Resort Residential, R-4 District. Mr. Spirakis, representing the applicant, presented a picture of Mrs. Tucker. Mrs. Tucker was ambulatory, but due to a recent accident she had become disabled. Mrs. Tucker purchased the property in 1990. The dimensions of the property were 50’ x 90’. Mr. Spirakis presented a site map of the property depicting 10’ of the neighbor’s property in the rear of Mrs. Tucker’s property. They were requesting approval to install a lift on the rear deck. The rear deck could not be reconfigured to have ample space for the lift and to maneuver a wheelchair. The lift would encroach 16” into the rear setback. The lift would not obstruct any views. Chairman McGonigal asked if the lift would be installed in the true rear of the house. Mr. Spirakis confirmed it would be in the true rear of the house. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Reaves suggested that the applicant purchase 10’ of the neighbor’s property located on the rear of their lot. Mr. Spirakis stated the neighbor used the 10’ of property as an entrance from 26th Avenue North. Chairman McGonigal called for a motion. Mr. Thomas motioned to approve Variance #V10-24. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional condition pertaining to this particular piece of property was the lot being 10’ shorter than standard lots. 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. Reaves. The motion to approve passed 4-0. G. VARIANCE #V11-24: Application by Donato Forlenza for a variance to place a pool in a side yard at 4611 Lewis Circle zoned Single-Family, Low Density, R-1 District. Mr. Michael, representing the applicant, stated he was seeking approval to install a 15’ x 30’ swimming pool and privacy fence in the side yard. There were no other locations on the property where the swimming pool could be placed. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Reaves requested clarification on the type of fencing that would be allowed. Mr. Caldwell stated the proposed location of the fence would not impede vision across the lot. Privacy fencing would not be required, but it would have to meet pool code. Chairman McGonigal and Mr. Bell stated they would prefer privacy fencing due to the location of the swimming pool. Chairman McGonigal recommended postponing Variance #V11-24 to give any concerned neighbors the opportunity to attend the next scheduled meeting. Mr. Bell stated the side yard was considered more of a front yard. Mr. Caldwell suggested the contractor provide a site map with possible minor modifications at the next scheduled meeting. Chairman McGonigal called for a motion. Mr. Reaves motioned to postpone Variance #V11-24 to the next scheduled meeting. Mr. Bell added the applicant must provide a 3-D rendering at the next scheduled meeting. The motion was seconded by Mr. Bell. The motion to postpone passed 4-0. H. VARIANCE #V12-24: Application by Mark Stoughton for Board determined penalty for the improper removal of a protected tree at the Forestwood development formerly known as the RL Bell tract. Rob Wilfong, representing the applicant, stated several trees would remain as depicted 3  on the development plan. Unfortunately, a magnolia tree was damaged and bruised during construction. They notified staff, but the Board would have to elect a penalty. Mr. Caldwell stated standard replacement for trees less than 24” in caliper was ½” per caliper. Removal of trees that exceed 24” in caliper required the Board to determine a tree replacement schedule. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Bell asked if the damaged magnolia tree would be replaced with another magnolia tree. Mr. Wilfong confirmed it would be replaced with a 4” magnolia tree in the same location. Mr. Thomas requested the size of the tree to be removed. Mr. Wilfong stated it was a 51” tree. Mr. Thomas requested the applicant to replace 20” of hardwoods. Chairman McGonigal called for a motion. Mr. Thomas motioned to approve Variance #V12-24. Mr. Thomas added the applicant must replace 20” of hardwoods. The motion was seconded by Mr. Bell. The motion to approve passed 4-0. I. VARIANCE #V13-24: Application by Thomas Watts for a variance of the maximum fence height for properties on the oceanfront at 707 South Ocean Boulevard zoned Resort Residential, R-4 District. Mr. Casbon, representing the applicant, stated Xanadu III was requesting a variance for a 5’ aluminum fence between the condo and parking area in an R-4 zoning overlay. The fence would prevent people from climbing over and decrease parking in the condo’s parking lot. Mr. Casbon presented a picture of the proposed fence. Mr. Thomas asked if there was an existing fence. Mr. Casbon stated there was an orange snow fence in place, but it was eventually broken down due to people climbing over it. Mr. Thomas asked if the fence would be a continuation of the existing pool fence. Mr. Casbon stated it would be a different fence located between the two lots. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal requested clarification on the reasoning for the variance. Mr. Caldwell clarified the variance was regarding the height of the fence. Mr. Reaves requested the applicant to state their hardship. Mr. Casbon explained liability concerns was the hardship. The Board, staff, and Mr. Noury had a lengthy discussion regarding the differences between special exceptions and variances. Mr. Casbon stated there was a change in elevation on the property allowing people to jump over the fence. Mr. Caldwell explained the request would be considered a variance because it exceeded the maximum allowance. Chairman McGonigal stated the code only addressed the minimum height. Mr. Caldwell clarified that the maximum height was not addressed in the building code, but it was addressed in the zoning code. He explained the additional 1’ of fencing would not obstruct visibility. Mr. Casbon expressed his desire to install the 5’ fence for liability purposes. Mr. Noury recommended signage on the property to minimize liability issues. Mr. Caldwell stated the vicinity of the property located next to a large public parking lot made the property unique. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V13-24. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional condition pertaining to this particular piece of property was the adjacent public parking which allowed unwanted access to the property. 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. Reaves. The motion to approve passed 4-0. J. SPECIAL EXCEPTION #SE2-24: Application by Ida Hussey for a special exception to provide commonly owned amenities at the Seachase development off of Little River Neck Road just to the west of Charleston Landing zoned Single Family Low-Medium Density Residential, R-1B 4  District. Mr. Pound, representing Thompson & Hutton Engineering, stated the development was currently under construction and they were requesting a special exception for the amenity site. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal asked if there were any concerns. Mr. Caldwell confirmed there were not any concerns regarding the location of the amenities. He stated Public Works requested adjustments to the orientation of the parking lot. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Special Exception #SE2- 24. The special exception complied with all applicable development standards and off-street parking. The special exception would be in substantial harmony with the area in which it was located. The special exception would not be injurious to adjoining property. The special exception would not discourage or negate the use of surrounding property for uses permitted by right. The motion was seconded by Mr. Thomas. The motion to approve passed 4-0. Chairman McGonigal called for a motion to adjourn. The motion to adjourn was made by Mr. Reaves and seconded by Mr. Thomas. The motion passed 4-0. The meeting adjourned at 6:18 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