Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA October 10, 2017 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Approval of minutes from July 11, 2017 meeting and the August 8, 2017 meeting (For below item, signs posted on property August 28, 2017; September 2, 2017 and ad on August 27, 2017 and September 24, 2017 in Post & Courier) II. OLD BUSINESS: None III. NEW BUSINESS: A. TMS# 137-13-04-030, 120 Parkwood Drive, zoned R-1, Single Family Residential, owned by Elizabeth and John W. Donehue – variance request to allow an accessory structure to be constructed in the front yard, Ordinance Section 32-321(g)(3). (Council District 3) B. TMS# 137-07-07-001, 122 South Main Street, zoned B-3, General Business, owned by Niketas Elaine Et Al – variance request to allow a flag lot, Ordinance Section 32-321(f)(1)a. (Council District 2) C. TMS# 137-10-03-003, 126 West 5th South Street, zoned R-1, Single Family residential, owned by Clayton and Sandra Thornton – variance request reduce the side yard setback for accessory structures from the required 10 feet to five feet, Ordinance Section 32-122(f)(4). (Council District 2) IV. MISCELLANEOUS: V. ADJOURN Posted September 22, 2017  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS July 18, 2017 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, July 18, 2017 at 5:00 PM. Present were Denis Tsukalas, Chairman; Lionel Lawson; Arthur DeHay; and Don Nye. Staff present included Jessi Shuler, AICP, Director of Planning; Tim Macholl, Zoning Administrator; and Meredith Detsch, Town Planner. The meeting was called to order at 5:00 PM by the Chairman. He asked for any comments or edits for the minutes from the June 13, 2017 meeting. Mr. Nye made the motion for approval with Mr. DeHay 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 TMS #137-13-04-076, 80 Gaillard Lane, request for a front setback reduction from the required 30 feet to 28 feet along the Gaillard Lane side, to accommodate eave overhang for the proposed new home to be built on the lot at the corner. Mr. Macholl explained the request due to the applicant not being present for the meeting. Because the front setback applies to both frontages the setback reduction is requested off of Gaillard. Ms. Shuler clarified that the house will face Simmons Av. but due to addressing issues the property is addressed off of Gaillard. Mr. DeHay asked what the condition would be if this was not a corner lot, if there was a lot on the Simmons Av. Side of the lot. Mr. Macholl explained that if there was a lot on that side the variance would still be required to allow the eaves to overhang the setback. Mr. Adrian Kwist asked if he could ask questions concerning the request. After signing in Mr. Kwist asked about the existing trees on the lot and if the proposed home was a one story or two story home. Mr. Tsukalas explained that the trees were not at issue and that they could not speak to the trees on the site. Mr. Kwist asked what would happen if the variance request were denied. Mr. Tsukalas explained that the request then could be appealed to the Circuit Court. Mr. DeHay explained that the applicant could redesign the proposed house or appeal to the Circuit Court. Staff discussed all of the possible options if the application was denied. Staff explained that they had presented redesigning the the house to meet the setbacks and that the applicant shoes to move forward with the request for the variance. Mr. Nye made a motion to approve as presented, and there was no second. The motion was not moved forward without a second. The Board had further discussion concerning the request. Mr. DeHay asked how this was a specific hardship to the property owner. Mr. Lawson asked staff whether Mr. Bailey, the applicant, had informed them why he would not be able to attend this meeting. Staff explained that no call or email had been received concerning the absence. Mr. Lawson made a motion to table the request until August due to the applicant not being present for the meeting. Mr. Nye seconded the motion. The motion passed three ayes and one nay. MISCELLANEOUS: There were no items under Miscellaneous. ADJOURN: Hearing no further business the meeting was adjourned at 5:15 PM with a motion by Mr. DeHay and a second by Mr. Nye. Respectfully Submitted, Tim Macholl Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Arthur DeHay, Vice Chairman  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS August 8, 2017 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, August 8, 2017 at 5:00 PM. Present were Denis Tsukalas, Chairman; Lionel Lawson; Arthur DeHay; Elise Richardson and Don Nye. Staff present included Jessi Shuler, AICP, Director of Planning; Tim Macholl, Zoning Administrator; and Meredith Detsch, Town Planner. The meeting was called to order at 5:00 PM by the Chairman. He asked for any comments or edits for the minutes from the June 13, 2017 meeting. Mr. Macholl explained that the minutes for the June meeting had been approved at the July meeting and that the minutes from the July meeting were not in the packet and that they would be available for approval at the next meeting. OLD BUSINESS: The first item under Old Business was TMS #137-13-04-076, 80 Gaillard Lane, request for a front setback reduction from the required 30 feet to 28 feet along the Gaillard Lane side, to accommodate eave overhang for the proposed new home to be built on the lot at the corner. This had previously been tabled at the July meeting due to the applicant not being able to attend the meeting. Mr. Macholl presented a new exhibit showing the layout of the lots explaining where the work is being done at the location. Mr. Bailey, the applicant, explained that he would like to change his request to include a setback reduction on both sides as opposed to just on the Gaillard side. Mr. Macholl explained that we would not be able to change the request at this time. If the applicant wanted to change the request he would have to start over at the beginning. Mr. Nye asked for some clarification on the plat, he pointed out that the building was actually 16 feet of the side property line and there is a 15 foot setback, why can’t the house be moved over the one foot to meet the setback. Mr. Macholl explained that because the survey was being measured to the foundation there would still be the eave overhang issue. Mr. Adrian Kwist asked why these lots were already granted variances for being below the minimum lot size for the area. Mr. Bailey explained that both properties met the minimum lot size requirement of 20,000 square feet. Mr. Kwist then asked why the house cannot be pushed over to to not require a variance. Mr. Tsukalas explained that he is at the required setback for the other side as well, and that the applicant was not aware of the fact that being measured to the eaves. Mr. Kwist stated that if this variance was granted it would set a precedent for the neighborhood. Mr. Tsukalas explained that the board had reviewed many other instances throughout town requesting a similar reduction, and that this would not be setting any new precedent. Mr. Nye made a motion to approve as requested. The motion was seconded by Ms. Richardson. The motion passed unanimously. NEW BUSINESS: There were no items under New Business. MISCELLANEOUS: There were no items under Miscellaneous. ADJOURN: Hearing no further business the meeting was adjourned at 5:11 PM with a motion by Mr. Nye and a second by Mr. DeHay. Respectfully Submitted, Tim Macholl Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Arthur DeHay, Vice Chairman  VARIANCE REQUEST TMS#137-13-04-030 120 Parkwood Drive, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS September 12, 2017 Request: To allow the construction of an accessory structure in the front yard Ordinance requires: Accessory structures are permitted in the rear and side yards of the parcel. Section 32-321(g)(3). Background: The applicant approached staff concerning the possibility of constructing a covered patio in the front yard of the property located at 120 Parkwood Drive. The applicant has applied for a building permit. The proposed structure would be located in the front yard, approximately 100 feet from the both front property lines along Parkwood Drive and Simmons Avenue. As defined in section 32-321 accessory structures are only permitted in the side and rear yards of parcels and this proposed structure will be in direct violation of the section above.  R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 DO RNS W AY R-1 DA CS R-1 R-1 R-1 R-1 R-1 R-2 PL R-1 R-1 R-2 R-1 R-1 R-1 N S M O R SHEPA SI M R-1 R-1 D R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 S E R O M R-1 I R-1 PR R-1 R-1 R-1 SPRING R-1 R-1 Official Zoning Map R-1 OOD R-1 Town of Summerville HO US E Legend PARKW R-1 Subject Parcel R-1 Railroads R-1 Roads Zoning SPRING  AC B-1 R-1 B-2 B-3 I-1 R-1 I-2 PL PUD R-1 R-1 PUD/DA R-1 R-1 R-2 N R-1 R-3 R-5 R-6 R-1 R-1 R-7 0 0.00750.015 0.03 0.045 0.06 Miles R-1 R-1 Disclaimer: This map is a graphic representation of data obtained from various sources. All efforts GOLF August 31, 2016 have been made to warrant the accuracy of this map. However, the Town of Summerville disclaims all representation and liability for the use of this map. R-2 R-2 R-2  DO RNS W DA AY CS N S M O R SHEPA SI M D S E R O IM PR SPRING Aerial Photo OOD 120 Parkwood Drive PARKW HO US E Town of Summerville SPRING Legend Subject Parcel Railroads Roads 0 0.00750.015 0.03 0.045 0.06 Miles  N Disclaimer: This map is a graphic representation of data obtained from various sources. All efforts GOLF August 31, 2016 have been made to warrant the accuracy of this map. However, the Town of Summerville disclaims all representation and liability for the use of this map. Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community  VARIANCE REQUEST TMS#137-07-07-010 122 S. Main Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS September 12, 2017 Request: To allow the expansion of an existing flag lot of less than five acres Ordinance requires: Flag lots of less than five acres are prohibited. Section 32- 321(f)(1)a. Background: The applicant approached staff concerning the possibility of moving a property line at the rear of the property ten feet to accommodate the addition of a ten foot wide covered porch to the building to accommodate better fire exiting at 122 South Main Street. The applicant has applied for approval and received a Certificate of Appropriateness on April 4, 2017 to complete the project. The proposed structure would be constructed at the rear of the property with exits opening into the existing parking lot. As defined in section 32-321(f)(1)a flag lots of less than five acres are prohibited. This flag lot is an existing condition and the variance is required to allow for the expansion of the nonconforming conditions.  B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 LU KE B-3 B-3 B-1 B-3 DO TY B-3 B-3 B-3 B-3 R DA CE B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 PL B-3 IN B-3 MA B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 B-3 Legend B-3 Official Zoning Map L B-3 A Subject Property T R N Waterbodies E B-3 Streams C Town of Summerville B-3 B-3 Railroads B-3 Roads B-3 B-3 Zoning B-3 B-3 AC B-1 B-3  B-2 B-3 B-3 I-1 B-3 I-2 PL RI B-3 PUD CH B-3 PUD/DA AR B-3 R-1 DS R-2 ON B-3 R-3 B-3 R-5 N PL B-3 R-6 B-3 R-7 B-3 Parcels County boundaries B-3 0 0.0050.01 0.02 0.03 0.04 B-3 Miles 2N B-3 D SO B-1 UT Disclaimer: This map is a graphic representation of H data obtained from various sources. All efforts B-1 B-3 have been made to warrant the accuracy of this B-2 map. However, the Town of Summerville disclaims August 31, 2016 all representation and liability for the use of this map. R-2 B-1 B-3 B-1 B-1 R-2 R-2  LU KE DO R TY DA CE RI IN CH MA AR DS ON Aerial TR A L Photo 122 S. Main Street N CE Town of Summerville Legend Subject Property Railroads Roads Parcels 0 0.00375 0.0075 0.015 0.0225 0.03 Miles  N Disclaimer: This map is a graphic representation of data obtained from various sources. All efforts have been made to warrant the accuracy of this map. However, the Town of Summerville disclaims August 31, 2016 all representation and liability for the use of this map. Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community  VARIANCE REQUEST TMS#137-10-03-003 126 W. 5th South Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS October 10, 2017 Request: Reduce the required side setback for an accessory structure from 10 feet to five (5) feet on the west side of the property for the construction of a new carport/storage structure. Ordinance requires: 10 foot side setback Section 32-122(f)(4). Background: The owner approached staff about the requested variance after gaining approval from the BAR for a new accessory structure in the rear yard of the property. The applicant has gone through numerous iterations and site layouts to come up with the best use of the property. The current layout only requires a setback reduction on the one side to accommodate the new structure, reducing the required setback for accessory structures from 10 feet to five (5) feet, meeting the required setback on the other side. Zoning staff has no concerns about the approval of this variance.  AV E EY SL ES PR W 5T H ST S E SUMT ER AV Exhibit Showing TMS 137-10-03-003 Legend Road Centerlines Dorchester Parcels 0 12.5 25 October 3, 2017 50 µ 75 100 Feet Parcels This map is a graphic representation of data obtained from various sources. All efforts have been made to warrant the accuracy of this Subject Property map; however, the Town of Summerville disclaims all representation 137-10-03-003 and liability for the use of this map. Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community  AV E EY SL ES PR W 5T H ST S E SUMT ER AV Exhibit Showing TMS 137-10-03-003 Legend Road Centerlines Dorchester Parcels Parcels Subject Property 137-10-03-003 Summerville Zoning 0 12.5 25 October 3, 2017 50 µ 75 100 Feet Zoning This map is a graphic representation of data obtained from various sources. All efforts have been made to warrant the accuracy of this R-1 map; however, the Town of Summerville disclaims all representation R-2 and liability for the use of this map.