Board of Zoning Appeals

CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA NORTH MYRTLE BEACH CITY HALL BOARD OF ZONING APPEALS MEETING Thursday, May 9, 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, Absent Chris Noury, City Attorney Joe Reaves Angela Westmoreland, Asst. City Clerk 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 April 11, 2024 meeting. The motion was made by Mr. Bell and seconded by Mr. Reaves. The motion passed 5-0. 3. COMMUNICATION: Mr. Caldwell stated Variance #V15-24 would not be required; the property was brought into compliance. Variance #V16-24 requested to be removed from the agenda. There were changes made to the development plans. Variance #V18-24 requested to be postponed. 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 #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. The item remained postponed to the June 13, 2024, meeting per the motion from the April 11, 2024, meeting. A motion was not called. Bob Puhl, neighbor, requested to speak before the Board. Chairman McGonigal asked Mr. Puhl to save any comments for the next meeting. Mr. Noury stated Mr. Puhl would have to wait until the next meeting to discuss the item on the agenda. Mr. Noury and Mr. Puhl discussed procedural issues. B. 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 Multi-family R-2A District. Mr. Stegall was not in attendance. The property was brought into compliance. Chairman McGonigal called for a motion. Mr. Bell motioned to remove Variance #V15-24 from the agenda. The motion was seconded by Mr. Thomas. The motion to remove from the agenda passed 5-0. C. VARIANCE #V16-24: Application by Phillip Hornbeck for a variance of the tree protection regulations at the Bahama Island RV Resort located at Bowline Boulevard South of the NMB RV Resort and Drydock zoned Planned Development, PDD District. Mr. Hornbeck was not in attendance. The applicant requested the item be removed from the agenda. 1  Chairman McGonigal called for a motion. Mr. Thomas motioned to remove Variance #V16-24 from the agenda. The motion was seconded by Mr. Bell. The motion to remove from the agenda passed 5-0. D. VARIANCE #V17-24: Application by David Pitts for a setback variance in the rear project setback at 703 18th Avenue South zoned Medium Density Residential, R-2 District. Mr. Pitts stated he was seeking approval to replace an existing shed. He clarified prior to obtaining a survey, the application initially stated the shed would be placed up to the property line due to the uncertainty of the property lines. The location of the shed changed once a survey was obtained. The existing shed was 2.5’ from the rear property line. Mr. Pitts would like to replace the shed in the same location. He stated the lot was 2,645 square feet, which was a small lot. There was a Santee Cooper easement on the rear of the property. Mr. Reaves asked if the building would be a permanent structure. Mr. Pitts stated it would be a temporary building. Mr. Bell requested the size of the existing building. Mr. Pitts stated the existing building was 8’ x 9’ and the proposed building would be 9’ x 16’. Mr. Bell stated the proposed building would be much bigger than the existing building. Mr. Pitts stated he would lose approximately 8’ of his driveway. Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Caldwell clarified he was unaware of the size of the proposed structure, but the proposed structure would be allowed. He stated the submitted plat depicted a 5’ utility easement and a 5’ repair easement. Mr. Caldwell explained the Board could not issue a setback variance over easements. Mr. Pitts stated the private easement was owned by Santee Cooper. Mr. Caldwell stated Santee Cooper would have to grant the applicant access to encroach into the easement. Mr. Pitts stated he would relocate the building. Mr. Caldwell clarified a permit would not be issued until the applicant had permission from the owners of the easements. Chairman McGonigal recommended postponing the variance to allow the applicant the opportunity to obtain approval from Santee Cooper. Mr. Noury agreed. Mr. Pitts suggested rearranging the placement of the building to maintain 3’. Mr. Caldwell explained there were 10’ of easements located on the rear of the property. The building could not be located closer than 10’ unless the applicant obtained approval from the owners. Mr. Pitts stated the lot was a substandard lot. The Board explained they could not grant a variance in easements. Mr. Pitts requested clarification on whether permission from his neighbors was required. Mr. Noury clarified permission was not necessary from the neighbors. Vice-Chairman Quinn asked if the neighboring properties would be notified. Mr. Caldwell and Mr. Noury confirmed postponements would be readvertised. Chairman McGonigal called for a motion. Mr. Bell motioned to postpone Variance #V17-24 for 90 days. The motion was seconded by Mr. Thomas. The motion to postpone passed 5-0. Chairman McGonigal stated the Board would hear Variance #V19-24 first because he would have to recuse himself for Variance #V18-24. E. VARIANCE #V19-24: Application by Kyle Davis for a rear yard setback variance for a proposed addition to the Blue Drum restaurant located at 4436 Kingsport Road zoned Highway Commercial, HC District. Chad Hatley, representing the applicant, presented a photograph of the property located on the waterway. Mr. Hatley was seeking a variance to allow a zero-lot line setback to extend a balcony. He stated the hardship related to the land was the orientation of the property. The property was adjacent to the marina with a dry stack and the Intercostal Waterway. Mr. Hatley stated the side setback could be considered the rear setback. He stated structures could not be greater than 18” off the ground under the current ordinance. Mr. Hatley referred to the photograph to demonstrate the significant steep slope from the building to the bulkhead. He expressed his desire to extend the deck over 12” off the ground to fully utilize the property. Mr. Hatley stated the Army Corps of Engineers would supply a letter stating structures placed landward of the bulkhead were allowed, provided they were not built over water. 2  Mr. Caldwell read the description of the request, the ordinance, and recommended to hear the variance. Mr. Reaves indicated the applicant did not have any problems constructing the staircases. Mr. Caldwell explained the staircases provided access to the ground level structure. He stated the dock was not located on the applicant’s property. The property line ran through the staircases. The Army Corps of Engineers must attest and provide clarification that there would not be an issue with an addition encroaching the property line. Chairman McGonigal requested clarification of the location of the property line. Mr. Caldwell presented a plan depicting the property line. He stated the Board could grant a variance for a zero setback. The variance would allow the applicant to obtain a permit to build to the property line. More information would be required if the applicant decided to build past the property line. Chairman McGonigal stated the request was encroaching the property line. Mr. Caldwell clarified the Board would only be approving the setback, not the construction plans. Vice-Chairman Quinn requested clarification on the subject to approval. Mr. Caldwell clarified the variance would not be subject to approval, but the issuance of the permit for construction would be. Mr. Reaves asked if the stairs were permitted. Mr. Caldwell confirmed the stairs were permitted. The Board, Mr. Noury, and staff had a lengthy discussion regarding potential variances and necessary documentation from the Army Corps of Engineers. Mr. Bell expressed concerns about parking requirements. Mr. Caldwell stated there was sufficient parking. Mr. Bell requested the applicant state the hardship related to the land. Mr. Hatley stated the hardship was the shape of the lot, the slope of the lot, the area beside the property toward the Waterway, and that the lot was adjacent to the Waterway and marina. Vice-Chairman Quinn asked if the stairs would have to be removed. Mr. Caldwell confirmed the stairs would not have to be removed. Chairman McGonigal called for a motion. Mr. Thomas motioned to approve Variance #V19-24. The applicant had demonstrated an unnecessary hardship. The extraordinary and exceptional conditions pertaining to this particular piece of property were the 4’ – 6’ from bulkhead to 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 not be harmed by the granting of the variance. The motion was seconded by Vice-Chairman Quinn. The motion to approve passed 5-0. F. VARIANCE #V18-24: Application by William McGonigal for a setback variance for proposed mechanical equipment to be located in the side yard and for a variance of the oceanfront fencing regulations at 1717 South Ocean Boulevard zoned Resort Commercial, R4 District. Chairman McGonigal recused himself from the discussion, vote, and left the chambers. Mr. Noury stated the applicant requested Variance #V18-24 to be postponed to the June meeting. Vice-Chairman Quinn called for a motion. Mr. Reaves motioned to postpone Variance #V18-24 to the June 13, 2024, meeting. The motion was seconded by Mr. Bell. The motion to postpone passed 5-0. Chairman McGonigal called for a motion to adjourn. The motion to adjourn was made by Vice-Chairman Quinn and seconded by Mr. Reaves. The motion passed 5-0. The meeting adjourned at 5:42 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