Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA March 14, 2017 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Election of Chairman and Vice Chairman II. Approval of minutes from January 10, 2017 meeting (For below item, signs posted on property February 24, 2017; and ad on February 26, 2017 in Post & Courier) III. OLD BUSINESS: IV. NEW BUSINESS: A. TMS# 232-00-02-179 (to be annexed), 232-00-02-167, 138-00-00-035, and 138-00-00-036 (to be annexed), Berlin G. Myers Parkway and E. 9th North Street, zoned B-3, General Business, owned by Marymeade Associates L.P. – variance requests for 0’ side setback/landscape border for County line/property line separating subject parcels, minimum lot frontage of 17 feet, irregular lot design, the depth of lot 2A to be over six times its width, and an increase in the impervious surface allowance on lots 1, 2A, and 2B for a total of 87.4%, 90.42%, and 82.79% respectively; ordinance requires 5’ side setback/landscape border for County line/property line separating subject parcels, minimum lot frontage of 50 feet, regular lot design, the depth of a lot to be no more than four times its width, and 80% impervious surface allowance per Sections 32-131, 32-321, and 32-323. (Council District 2) V. MISCELLANEOUS: VI. ADJOURN Posted February 23, 2017  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS January 10, 2017 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, January 10, 2017 at 5:00 PM. Present were Denis Tsukalas, Chairman; Lionel Lawson; and Elise Richardson. Staff present included Jessi Shuler, AICP, Zoning Administrator and Meredith Detsch, Town Planner. The meeting was called to order at 5:00 PM by Mr. Tsukalas, Chairman. He asked for any comments or edits for the minutes from the October 11, 2016 meeting. Mr. Lawson made the motion for approval with Ms. Richardson seconding the motion. The motion carried unanimously approving the minutes as presented. OLD BUSINESS: There were no items under Old Business. NEW BUSINESS: The first item under new business was a variance request for TMS# 137-06-04-006, 102 Dan Miler Lane, zoned R- 1, Single family residential, owned by Summerville Retreat LLC - variance request for a reduction in the front setback of 10 feet for a total setback of 20 feet for an accessory structure from the ordinance minimum of 30 feet per Section 32-122 and for an accessory structure to be built in the front yard of the parcel; ordinance only permits accessory structures in the rear and side yards of the parcel per Section 32-321. Ms. Shuler introduced the request. Martin McGinnes with Alair Homes, the contractor representing the applicant, explained that the structure they are proposing would be for the owners’ RV and would be located where they currently park the RV, which is not very visible from the street. He stated that the structure would match the existing house in colors and materials. Mr. Tsukalas asked if the structure would have sides, and Mr. McGinnes confirmed that it was a carport-like structure and would not have sides. Jennings Smith, the owner of Alair Homes, stated that the house had cedar shake siding, and the gable of the carport would be cedar shake as well. Mr. Tsukalas asked if they would be adding any electrical, and Mr. Smith stated that an electrical connection was already there along with sewer. Mr. McGinnes showed pictures of the existing site, and Mr. Smith explained that one reason for the placement of the structure was the existing location of the utilities. Robert Sneed of 104 Dan Miler Lane stated that he lived next door to the property and that the RV bus was very visible from the street when it was parked in the location where the proposed structure is to be built; therefore, he feels the structure would be very visible as well. Cheryl Cargill of 100 Dan Miler Lane stated that the bus was visible from her property, but that it has not been there a lot this year; however, if they built a structure in the same place, the structure would always be there. She stated further that the presence of the bus itself is a detriment and the detriment would no longer be temporary if the structure was allowed to be built. Ms. Cargill also asked about the proposed height of the structure. Mr. McGinnes stated that he was not sure of the exact height of the peak of the roof, but that it would be under the allowed 20 feet because the bus needs a 14 foot clearance. Jim Wylie of 109 Dan Miler Lane stated that he echoed the comments of his neighbors and added that he felt it would change the character of the street. He explained that most subdivisions have restrictions against such vehicles, and as this street is in the Historic District, he feels the character of the street should be protected even more. Mr. Wylie stated that he believes the zoning is in place to protect the investments that he and his neighbors made in their homes. Fred Berkhaw of 105 Dan Miler Lane stated that the RV is closer in size to a Greyhound bus and their street is very narrow. He lives diagonal across from the property, and noted that it is already difficult for the owners to get the bus in and out of the driveway and it would be even more difficult if there was a structure. Mr. Berkhaw stated that he believed there was a code in place against parking large vehicles, and he also pointed out that while the structure may protect the bus from sap or other small debris, it would not protect it from falling trees or large limbs. Terry May of 101 Dan Miler Lane stated that he lived across the street, and agreed with his neighbors that while the gravel pad may not be very visible from the street, the bus was very visible when it was parked. Mr. Tsukalas asked for clarification on some of the site details to verify whether the structure could fit elsewhere on the property. Mr. McGinnes explained the location of existing drives and patios, and stated that there was not room to place the structure elsewhere on the property without cutting a number of trees. Mr. Tsukalas made the motion to deny the request because it doesn’t fit into the character of the neighborhood, particularly with it being requested in the front yard, and Mr. Lawson seconded the motion. The Chairman called for the vote and the motion passed with Ms. Richardson abstaining. The last item under new business was the variance request for TMS# 144-00-00-006, 1101 Boone Hill Road, zoned R-2, Single family residential, owned by Dorchester School District 2 – variance request to allow additional impervious surface amount of 11.6% for a total of 46.6% from Section 32-123 that allows a maximum impervious surface of 35%. Ms. Shuler introduced the request, and explained that the high school was adding a Career & Technology Center and associated parking. She further explained that although the variance request was for 46.6% impervious surface, the applicant was actually only asking for an increase of 1.6% because the existing impervious surface is at 45%. Anish Shah with AAG Architects, representing the school district, presented the application. He stated that the state had certain parking requirements for the school, which they had to meet. He also showed the Board where the building would be located on the Summerville High School property and stated that it would not be visible from the road and would sit lower than the gym. Ms. Shuler added that schools are currently allowed in any zoning district, so the impervious surface can vary from school to school based on the zoning district in which the school lies. Mr. Tsukalas asked if they had considered using any pervious materials for the parking areas, and Mr. Shah stated that the state also had certain material requirements that limited that option. Mr. Lawson made a motion to grant the variance based on the information presented, and Ms. Richardson made the second. The motion passed unanimously. MISCELLANEOUS: Ms. Shuler explained that the new appointments to the Town’s Citizen’s Boards were scheduled to be confirmed by Town Council on Thursday, January 12. The positions of Chairman and Vice Chairman would be made at their next meeting following those appointments. ADJOURN: Hearing no further business the meeting was adjourned at 5:24 PM with a motion by Mr. Tsukalas and a second by Mr. Lawson. Respectfully Submitted, Jessi Shuler Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Arthur DeHay, Vice Chairman  VARIANCE REQUEST TMS#232-00-02-179, 232-00-02-167, 138-00-00-035, and 138-00-00-036 Berlin G. Myers Parkway and E. 9th North Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS March 14, 2017 Request: Variance requests for 0’ side setback/landscape border for County line/property line separating subject parcels, minimum lot frontage of 17 feet, irregular lot design, the depth of lot 2A to be over six times its width, and an increase in the impervious surface allowance on lots 1, 2A, and 2B for a total of 87.4%, 90.42%, and 82.79% respectively. Ordinance requires: 5’ side setback/landscape border for County line/property line separating subject parcels, minimum lot frontage of 50 feet, regular lot design, the depth of a lot to be no more than four times its width, and 80% impervious surface allowance per Sections 32-131, 32-321, and 32-323. Background: The setback and building placement issues were recognized by staff when the project was submitted to the CDRB for conceptual approval in October 2016 and again when it was resubmitted for preliminary approval in November 2016. Originally the site layout showed Retail C as an outparcel, so the issues with the property line setback and subdivision regulations were not an issue, but at the first CDRB meeting for conceptual review the revised site layout now shown was presented, which places the property/County line going through the middle of Retail C. This situation is not unique to this site as it occurred on the Earthfare site, Home Depot site, and other sites throughout the Town. The impervious surface issues were first recognized during staff review of the preliminary submittal to the CDRB. After discussions with the applicant, staff recommended the use of pervious pavers in the parking area to add additional pervious areas, as this has been used on other commercial sites to address the impervious surface allowance. As seen on the site plan, the applicant used this material in only 16 parking spaces, so they still do not meet the ordinance requirements of 80%. Staff was not clear on the issues with the subdivision of the property until the most recent review of the plans. According to the developer, this subdivision is requested by Retail A, as the retailer requires that they own their store and the associated property individually. This would not normally cause an issue, but with the property line/County line already existing, the additional subdivision does not meet the ordinance requirements.