Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, April 11, 2024 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 March 14, 2024 meeting. The motion was made by Mr. Reaves and seconded by Mr. Thomas. The motion passed 5-0. Ms. Lover and Mr. Wise abstained from the vote due to being absent at this meeting. 3. COMMUNICATION: None 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. Caldwell stated the applicant was a state representative and he was currently in session. The applicant would not be able to attend the meeting. Mr. Caldwell requested Variance #V6-24 be postponed to the June meeting. Chairman McGonigal called for a motion. Mr. Bell motioned to postpone Variance #V6-24 to the June 13, 2024 scheduled meeting. The motion was seconded by Vice-Chairman Quinn. The motion to postpone passed 7-0. B. 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. Michael Toth, representing the applicant, stated a 6’ privacy fence and small concrete deck would be installed. The privacy fence would not be placed on the property line to prevent obstruction of visibility. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Ms. Lover requested clarification of the orientation of the pie-shaped lot. Mr. Caldwell explained the entire arch of the lot would be considered the front yard. Ms. Lover asked if a 6’ fence could be in the front yard. Mr. Caldwell stated a 6’ fence could be placed in the front yard if it did not materially impede visibility across the lot. Ms. Lover requested clarification on the location of the fence, road, and property lines on the site map. Mr. Caldwell and Mr. Toth clarified the site map. Ms. Lover requested the specific amount of variance required. Mr. Toth stated the fence would be installed a foot from the property line. Ms. Lover expressed her concerns regarding 1  the fence being too close to the road. Mr. Bell requested the distance from the road to the property line. Mr. Toth did not have the information to provide. Ms. Lover requested Mr. Toth to depict the location of the fence on the site map. Vice-Chairman Quinn stated the solid fence would obstruct visibility. The Board and Mr. Toth had a lengthy discussion regarding relocating the swimming pool 2’ back. Mr. Bell explained the fence would be approximately 18’ from the road. Chairman McGonigal called for a motion. Mr. Bell motioned to approve Variance #V11-24. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional condition pertaining to this particular piece of property was the irregular shaped 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. Mr. Bell added the fence must not be less than 3’ from the property line. The applicant must keep the existing vegetation or enhance additional vegetation to protect and screen the fence. The motion was seconded by Vice-Chairman Quinn. The motion to approve passed 7-0. C. VARIANCE #V14-24: 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. Sean Hoelscher, representing the applicant, presented images of the protected trees. Mr. Hoelscher was seeking approval to remove five protected trees located in the amenity site due to design constraints related to stormwater. He stated a site survey was performed. The trees were typical forest wood farm trees with signs of decay. Mr. Hoelscher requested the opportunity to redesign the site plan. Chairman McGonigal and Mr. Hoelscher discussed how the trees were measured and their current state. Ms. Lover requested Mr. Hoelscher to clarify the site plan and to identify which trees would be removed. Ms. Lover requested Mr. Hoelscher to identify which trees would be protected in the tree protection area. Mr. Hoelscher stated the amenity site was initially the tree protection area, but after examination the trees were not the best to retain for the amenity site. Ms. Lover suggested the applicant make an exchange. The applicant could remove a 29” gum tree in exchange for the removal of a protected magnolia tree. Mr. Hoelscher stated the magnolia tree was not a high-quality tree and it was decaying. The tree was located on an existing ditch that was cut off on both ends. He expressed concerns regarding the trees affecting drainage. Ms. Lover inquired as to how the applicant would resolve the drainage issues if the trees were to be removed. Mr. Hoelscher stated the removal of the trees would allow proper drainage into a catch basin and prevent ponding at the amenity site. Vice-Chairman Quinn asked if the oak tree could be salvaged. Mr. Hoelscher stated the tree would be a potential safety hazard in a high traffic area. Ms. Lover asked if any large trees would remain at the amenity site. Mr. Hoelscher was uncertain of the civil design. Mr. Bell asked if GSWSA required the pump station to be relocated. Mr. Hoelscher confirmed the relocation of the pump station was required by GSWSA. Mr. Bell stated the relocation of the pump station shifted the structures on the property than what was previously approved. Mr. Hoelscher agreed. He stated GSWSA changed the initial dimensional standards for their requirements, and they were larger. Mr. Bell asked if grading would harm the cluster of magnolia trees. Mr. Hoelscher stated grading would initiate a decline in the trees. Chairman McGonigal requested the species of the replacement trees. Mr. Hoelscher presented the tree replacement plan. The Board and Mr. Hoelscher had a lengthy discussion regarding the replacement trees and the growth of trees. Ms. Lover stated the applicant could remove four trees if the applicant would replace the magnolias, crepe myrtles, and half of the palm trees with hardwoods. The 25” live oak would remain. Mr. 2  Hoelscher requested the opportunity to move forward with the mitigation plan and plant additional trees elsewhere within the project. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Chairman McGonigal opened the floor for public comment. There was no public comment. Chairman McGonigal called for a motion. Ms. Lover motioned to approve Variance #V14-24. The applicant would be allowed to remove four of the five protected trees. The 25” live oak must remain. The planting schedule would be approved; however, the applicant must replant 167” of hardwoods within Phase One. The motion was seconded by Mr. Wise. The motion to approve passed 7-0. D. VARIANCE #V15-24: Application by Donald Stegall for a variance of minimum side yard setback for a proposed lift at 310 44th Avenue North zoned Mid Rise Multifamily R-2A District. The applicant was not in attendance. Mr. Farmer stated the applicant removed the lift. Mr. Noury stated it’s been the Board’s practice in the past to continue the variance to the following meeting to allow the applicant an opportunity to present information on their behalf. Chairman McGonigal called for a motion. Mr. Thomas motioned to postpone Variance #V15-24 to the next scheduled meeting. The motion was seconded by Vice-Chairman Quinn. The motion to postpone 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 6:00 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. 3