Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA February 13, 2018 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Approval of minutes from January 9, 2018 (For below item, signs posted on property January 26, 2018 and ad on January 28, 2018 in Post & Courier) II. OLD BUSINESS: A. TMS# 130-14-07-009, 130-14-07-010, 130-14-07-011, and 130-14-07-012, 121, 123, 125, and 127 Boone Street, zoned R-5, Mixed Residential, owned by Hunter Quinn Homes LLC – variance request to reduce the required minimum lot size requirement from 4,000 square feet to 1,868 square feet, Ordinance Section 32-126(e)(1). (Council District 1) III. NEW BUSINESS: A. TMS# 145-01-02-009, 108 Tea Farm Road, zoned R-1 Single Family Residential, owned by Matthew & Lisa Kuhn – variance request to allow an accessory structure in the front yard, Ordinance Section 32- 321(g)(3). (Council District 4) B. TMS# 137-02-04-018, 612 W. 2nd North Street, zoned R-5 Mixed Residential, owned by Hunter Quinn Homes LLC. – variance request to reduce the required front yard setback from 25 feet to 18.5 feet and a lot size variance from 8,500 square feet to 6,075.41 square feet. Ordinance Sections 32-123(e)(3) and 32- 123(e)(1). (Council District 1) C. TMS# 137-02-04-017, 614 W. 2nd North Street, zoned R-5 Mixed Residential, owned by Hunter Quinn Homes LLC. – variance request to reduce the required front yard setback from 25 feet to 16.5 feet and a lot size variance from 8,500 square feet to 6,522.71 square feet. Ordinance Sections 32-123(e)(3) and 32- 123(e)(1). (Council District 1) D. TMS# 137-02-04-011, 616 W. 2nd North Street, zoned R-5 Mixed Residential, owned by Hunter Quinn Homes LLC. – variance request to reduce the required front yard setback from 25 feet to 15.5 feet and a lot size variance from 8,500 square feet to 7,232.23 square feet. Ordinance Sections 32-123(e)(3) and 32- 123(e)(1). (Council District 1) E. TMS# 130-15-09-006, 307 W. 4th North Street, zoned R-5 Mixed Residential, owned by Classic Construction of Summerville – variance request to reduce the required front yard setback from 20 feet to five feet. Ordinance Section 32-126(e)(3). (Council District 1)  F. TMS# 137-07-09-001, 201 Central Avenue, 114 W. 2nd South Street, and 116 W. 2nd South Street, zoned R-2, Single Family Residential, owned by William Justin Dungan - appeal of the application for a conditional use permit for a Bed & Breakfast per Section 32-212. (Council District 2) IV. MISCELLANEOUS: V. ADJOURN Posted January 25, 2018  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS January 9, 2018 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, January 9, 2018 at 5:00 PM. Present were Denis Tsukalas, Chairman; Lionel Lawson, Elise Richardson and Don Nye. Staff present included Tim Macholl, Zoning Administrator. The meeting was called to order at 5:03 PM by the Chairman. He asked for any comments or edits for the minutes from the November 14, 2017 meeting. There being no edits or comments the Chairman asked for a motion. A motion was made by Mr. Nye a second was given by Mr. Lawson. The motion to approve the minutes passed unanimously. OLD BUSINESS: There were no items under Old Business. NEW BUSINESS: The first item under New Business was TMS# 130-14-07-009, 130-14-07-010, 130-14-07-011, and 130-14-07-012, 121, 123, 125, and 127 Boone Street, zoned R-5, Mixed Residential, owned by Hunter Quinn Homes LLC – variance request to reduce the required minimum lot size requirement from 4,000 square feet to 1,868 square feet, Ordinance Section 32-126(e)(1). Mr. Macholl explained the request of the applicant, and that Russ Cornette, Town Engineer, had expressed concerns with the proposed increase in impervious surfaces on the property with the addition of four more units. Mr. Macholl explained that staff had a meeting with the applicant the day of the meeting to discuss the issues and that the applicant requested, after that meeting, to have their request tabled until the next meeting to work on a plan that will address the specific concerns of the Town Engineer. Mr. Nye made a motion to table the request at the request of the applicant until the regularly scheduled meeting in February. The motion was seconded by Ms. Richardson. The motion passed unanimously. MISCELLANEOUS: There were no items under Miscellaneous. ADJOURN: Hearing no further business the meeting was adjourned at 5:07 PM with a motion by Mr. Nye and a second by Mr. Lawson. Respectfully Submitted, Tim Macholl Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Arthur DeHay, Vice Chairman  VARIANCE REQUEST TMS#130-14-07-009; -010; -011; -012 121, 123, 125, and 127 Boone Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS February 13, 2018 Request: variance request to reduce the required minimum lot size requirement from 4,000 square feet to 1,868 square feet. Property Zoning: R-5 Mixed Residential Surrounding Zoning: North: R-5 Mixed Residential South: R-5 Mixed Residential East: R-5 Mixed Residential West: R-5 Mixed Residential Ordinance requires: Ordinance Section 32-126(e)(1). Background: The owner approached staff about the requested variance after purchasing the properties. The applicant, Hunter Quinn Homes, intends to subdivide the properties to allow for the construction of townhomes. The intended layout can be seen on Exhibit “B” provided in the packets. The lot size reduction will allow for four (4) units facing Boone Street and four (4) units facing W. 3rd North Street. Zoning staff has no concerns about the approval of this variance. The Town Engineer expressed concerns with drainage with the increase in impervious surface with the doubling of units on the properties. The applicant has provided an updated drainage plan, provided in your packet, which addresses Mr. Cornette’s concerns conceptually. A more detailed plan will be required as part of the permit package.  W 3R DS TN BO ON ES T Variance Exhibit Showing 130-14-07-009, -010, -011, & -012 127, 125, 123, & 121 Boone Street requesting variance for Minimum Lot Size Legend Road Centerlines Parcels TMS 130-14-07-009.000 130-14-07-010.000 130-14-07-011.000 0 12.5 25 50 January 2, 2018 µ 75 100 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 130-14-07-012.000 All efforts 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.  13 0-1 4-0 7 -00 6.0 130-14-08-008.000 13 00 0-1 4- 07 - 00 5 .00 0 13 0-1 W 4- 3R 07 DS - 00 TN 09-002 4 .00 .000 0 13 0- 1 4- 07 - 00 3 130-14 .00 7.0 00 - 0 13 0- -00 1 4- 8.0 00 07 13 - 00 0-1 -00 1 .00 4-0 9.0 0 7 13 00 13 0-1 -00 0- 4-0 0.0 1 4- 7 00 07 13 0-1 - 00 -01 4-0 00 2 .0 7 13 -01 00 0-1 1.0 4-0 2.0 00 7 13 0-1 -01 4-0 7 13 0-1 4-0 7 130-14-15-001.000 BO ON 130-14-06-001.000 ES T Variance Exhibit Showing 130-14-07-009, -010, -011, & -012 127, 125, 123, & 121 Boone Street requesting variance for Minimum Lot Size Legend Road Centerlines 130-14-07-009.000 130-14-07-010.000 130-14-07-011.000 130-14-07-012.000 Summerville Zoning 130-14-06-007.000 0 12.5 25 50 µ 75 January 2, 2018 130-14-06-008.000 100 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. R-5 All efforts 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. G&D PLAN.dwg GD-30 SCL 1/31/2018 13:27:34 1 : 1  VARIANCE REQUEST TMS#145-01-02-009 108 Tea Farm Road, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS February 13, 2018 Request: Variance request to allow an accessory structure in the front yard. Property Zoning: R-1 Single Family Residential Surrounding Zoning: North: R-1 Single Family Residential South: R-1 Single Family Residential East: R-1 Single Family Residential West: R-1 Single Family Residential Ordinance requires: Ordinance Section 32-321(g)(3). Background: At the time of application for a permit to build the accessory structure it was determined that the proposed structure was shown in the front yard requiring a variance before they could proceed with construction. The applicant is looking to construct a 40’X24’ garage on the property in the front yard at the end of the existing driveway in the front. Zoning staff is concerned that there is an existing shed in the front yard, which appears to not have been permitted, and is right on the back of the fence adjacent to S. Main Street.  137-13-04-024.000 N YO NA LC VE HA 145-01-11-001.000 MA RD R IO T IN S S MA 145-01-07-013.000 145-01-02-009.000 145-01-02-008.000 145-01-07-019.000 TEA FARM RD 145-01-07-012.000 145-01-02-011.000 Variance Exhibit Showing 145-01-02-009 108 Tea Farm145-Road 01-07 requesting variance -for 020.0 00 Accessory Structure in Front Yard µ 145-01-07-011.000 145-01-02-007.000 Legend 145-01-02-012.000 Road Centerlines Parcels TMS 0 15 30 60 145-01-07-010.000 90 120 145-01-02-009 Feet Summerville Zoning R-1 February 2, 2018 Disclaimer: This map is a graphic representation of data obtained from various sources. R-2 145-01-02-013.000 All efforts 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.  N YO NA LC VE HA MA RD R IO T IN S S MA TEA FARM RD Variance Exhibit Showing 145-01-02-009 108 Tea Farm Road requesting variance for Accessory Structure in Front Yard Legend Road Centerlines Parcels TMS 0 15 30 February 2, 2018 60 µ 90 120 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 145-01-02-009 All efforts 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.  VARIANCE REQUEST TMS#137-02-04-018 612 W. 2nd North Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS February 13, 2018 Request: Variance request to reduce the required front yard setback from 25 feet to 18.5 feet and a lot size variance from 8,500 square feet to 6,075.41 square feet. Property Zoning: R-5 Mixed Residential Surrounding Zoning: North: R-5 Mixed Residential South: R-5 Mixed Residential East: R-5 Mixed Residential West: R-5 Mixed Residential Ordinance requires: Ordinance Sections 32-123(e)(3) Front Yard Setback: 25 feet; and 32-123(e)(1) Minimum lot size: 8,500 square feet. Background: The owner approached staff about the requested variance after purchasing the properties. The applicant, Hunter Quinn Homes, intends to subdivide the properties to allow for the construction of Single Family homes. The construction of single family homes in the R-5 requires that they be developed within the requirements of each district. The standard by which these are intended to be developed is the R-2 Single Family Residential district. Zoning staff has no concerns about the approval of these variance requests. Staff suggested the re-platting to allow for the lots to meet side setbacks and be better conforming with the minimum lot standards and resulted in the lot size variance request. Without the requested variance this lot could have been developed as a single family home.  -010.000 137-02-03-013.000 3 137-02-0 W 2N D ST N 137-02-04-011.000 137-02-04-017.000 137-02-04-018.000 137-02-04-004.000 137-02-04-007.000 Exhibit Showing 137-02-04-010.000 137-02-04-018 612 W 2nd North Street requesting variance for Front Setback 04-001 137-02-04-014.000 .000 µ Legend Road Centerlines 137-02 - Parcels TMS 137-02-04-011 137-02-04-015.000 137-02-04-012.000 137-02-04-017 0 5 10 20 30 40 137-02-04-018 Feet Summerville Zoning February 2, 2018 B-2 137-02-04-003.000 Disclaimer: This map is a graphic representation of data obtained from various sources. R-5 All efforts 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.  W 2N D ST N Exhibit Showing 137-02-04-018 612 W 2nd North Street requesting variance for Front Setback Legend Road Centerlines Parcels TMS 137-02-04-011 137-02-04-017 0 5 10 20 30 February 2, 2018 µ40 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 137-02-04-018 All efforts 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.  VARIANCE REQUEST TMS#137-02-04-017 614 W. 2nd North Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS February 13, 2018 Request: Variance request to reduce the required front yard setback from 25 feet to 18.5 feet and a lot size variance from 8,500 square feet to 6,075.41 square feet. Property Zoning: R-5 Mixed Residential Surrounding Zoning: North: R-5 Mixed Residential South: R-5 Mixed Residential East: R-5 Mixed Residential West: R-5 Mixed Residential Ordinance requires: Ordinance Sections 32-123(e)(3) Front Yard Setback: 25 feet; and 32-123(e)(1) Minimum lot size: 8,500 square feet. Background: The owner approached staff about the requested variance after purchasing the properties. The applicant, Hunter Quinn Homes, intends to subdivide the properties to allow for the construction of Single Family homes. The construction of single family homes in the R-5 requires that they be developed within the requirements of each district. The standard by which these are intended to be developed is the R-2 Single Family Residential district. Zoning staff has no concerns about the approval of these variance requests. Staff suggested the re-platting to allow for the lots to meet side setbacks and be better conforming with the minimum lot standards and resulted in the lot size variance request. Without the requested variance this lot could have been developed as a single family home.  137 - 02- 03- 008 .000 W 2N D ST N 137-02-04-011.000 137-02-04-017.000 137-02-04-018.000 137-02-04-004.000 137-02-04-007.000 137-02-04-010.000 Exhibit Showing 137-02-04-017 614 W 2nd North Street 137-02-0 requesting variance for 4-005.0 Front Setback 00 Legend 137-02-04-014.000 µ Road Centerlines Parcels TMS 137-02-04-011 137-02-04-001.000 137-02-04-017 137-02-04-018 137-02-04-015.000 0 5 10 20 30 40 Summerville Zoning Feet B-1 137-02-04-012.000 B-2 February 2, 2018 Disclaimer: This map is a graphic representation of data obtained from various sources. R-5 137-02-04-003.000All efforts 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.  W 2N D ST N Exhibit Showing 137-02-04-017 614 W 2nd North Street requesting variance for Front Setback Legend Road Centerlines Parcels TMS 137-02-04-011 137-02-04-017 0 5 10 20 30 February 2, 2018 µ 40 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 137-02-04-018 All efforts 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.  VARIANCE REQUEST TMS#137-02-04-011 616 W. 2nd North Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS February 13, 2018 Request: Variance request to reduce the required front yard setback from 25 feet to 15.5 feet and a lot size variance from 8,500 square feet to 7,232.23 square feet. Property Zoning: R-5 Mixed Residential Surrounding Zoning: North: R-5 Mixed Residential South: R-5 Mixed Residential East: R-5 Mixed Residential West: R-5 Mixed Residential Ordinance requires: Ordinance Sections 32-123(e)(3) Front Yard Setback: 25 feet; and 32-123(e)(1) Minimum lot size: 8,500 square feet. Background: The owner approached staff about the requested variance after purchasing the properties. The applicant, Hunter Quinn Homes, intends to subdivide the properties to allow for the construction of Single Family homes. The construction of single family homes in the R-5 requires that they be developed within the requirements of each district. The standard by which these are intended to be developed is the R-2 Single Family Residential district. Zoning staff has no concerns about the approval of these variance requests. Staff suggested the re-platting to allow for the lots to meet side setbacks and be better conforming with the minimum lot standards and resulted in the lot size variance request. Without the requested variance this lot could have been developed as a single family home.  137-02-03-006.000 137-02-0 2-001.0 00 W 2N D ST N WA LN UT ST N 137-02-04-011.000 137-02-04-017.000 137-02-04-018.000 137-02-04-004.000 Exhibit Showing 137-02-04-011 616 W 2nd North Street requesting variance for Legend Front Setback 137-02-04-010.000 µ Road Centerlines Parcels TMS 137-02-04-011 137-02-04-005.000 137-02-04-017 137-02-04-014.000 137-02-04-018 0 5 10 20 30 40 Summerville Zoning Feet B-1 B-2 February 2, 2018 137-02-04-001.000 R-5 137-02-04-015.000 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 all representation and liability for the use of this map.  W 2N D ST N WA LN UT ST N Exhibit Showing 137-02-04-011 616 W 2nd North Street requesting variance for Front Setback Legend Road Centerlines Parcels TMS 137-02-04-011 137-02-04-017 0 5 10 20 30 February 2, 2018 µ 40 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 137-02-04-018 All efforts 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.  VARIANCE REQUEST TMS#130-15-09-006 307 W. 4th North Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS February 13, 2018 Request: Variance request to reduce the required front yard setback from 20 feet to five feet. Property Zoning: R-5 Mixed Residential Surrounding Zoning: North: B-1 Residential Business South: B-1 Residential Business East: B-1 Residential Business West: B-1 Residential Business Ordinance requires: Ordinance Section 32-126(e)(3) Front Yard Setback: 20 feet Background: The owner approached staff about the possibility of constructing the proposed quadraplex on the property. Upon review it was determined by staff that due to the existing drainage ditch on the property and the need for an easement the proposed plan would need to change. In response to the staff’s requests the applicant, Classic Construction of Summerville, intends to move the property line on the east side, they own the adjacent B-1 property, to gain additional area to allow the building to be moved away from the drainage ditch. To be able to provide an adequate drive aisle and some parking on site, the building has been moved to within five feet of the front property line. Zoning staff has no concerns about the approval of this variance request. Due to the large right-of-way, staff feels that the location of the building setback at five feet will not be detrimental to the surrounding properties. This large right-of-way also allows for on street parking to meet the needed parking requirement. Upon passage of the proposed UDO this proposal would not require a variance because the required front setback in N- R Neighborhood Residential would require a minimum of a zero foot front setback, or a maximum 20 foot front setback.  13 130-15-09-008.000 0-1 007. 5-0 000 9 -01 1.0 130-15-09-014.000 00 5-09 - 130- 1 130-15-09-004.000 130-15-09-010.000 130-15-09-006.000 130-15-09-005.000 W 4T H Variance Exhibit Showing 130-15-09-006 ST N 307 W 4th North Street requesting variance to Reduce Front Yard Setback µ Legend Road Centerlines Streams Parcels 137-03-14-010.000 TMS 0 5 10 20 30 40 130-15-09-006 Feet Summerville Zoning B-1 February 2, 2018 Disclaimer: This map is a graphic representation of data obtained from various sources. R-5 All efforts 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.  W 4T H Variance Exhibit Showing 130-15-09-006 ST N 307 W 4th North Street requesting variance to Reduce Front Yard Setback Legend Road Centerlines Streams Parcels TMS 0 5 10 20 30 February 2, 2018 µ40 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 130-15-09-006 All efforts 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.  VARIANCE REQUEST TMS#137-07-09-001 201 Central Avenue, 114 W. 2nd South Street, and 116 W. 2nd South Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS June 13, 2017 Appeal: Staff received written objections to the applicant’s application for a conditional use permit for a Bed & Breakfast at the property. The zoning ordinance requires the BZA to hear the appeal per Section 32-212. Background: The property owners originally submitted the application back in January of this year to become a Bed & Breakfast. The property is owned by Justin and Megan Dungan. The owners intend to live in the main house and rent the cottages located at 114 and 116 W. 2nd South Street. Based on staff review the application appears to meet the intent and conditions of the ordinance. The property and home have passed the required inspection by the Fire Marshal, Building Official, and Zoning administrator.  -0 ST 137 CE - DA R LA VE 7-06 T RA N .000 CE S 009 7- 0 13 137-07-06-008.000 06 - 137-06-09-002.000 7- 7- 0 7 13 00 - .00 0 7- 06 00 6 0 VE 00 00 LA 1. .0 RA 1 NT -0 CE 06 0 7- 7- 13 137-07-06-005.000 W 2N D ST S 137-07-09-001.000 7.0 00 -01 137-07-09-015.000 13 7-0 7-0 9 137-07-09-014.000 137-07-09-003.000 137-07-09-002.000 137-07-09-004.000 Exhibit Showing 137-07-09-001 114 W 2nd South Street 137-07-09-011.000 requesting Conditional Use Permit 137-07-09-005.000 for Bed & Breakfast µ Legend Road Centerlines 137-07-09-006.000 Parcels 137-07-09-010.000 TMS 137-07-09-001 0 15 30 60 90 120 Summerville Zoning 137-07-09-007.000 Feet 137-07-09-009.000 W B-33R PL D ST February 2, 2018 S R-2 137-07-09-008.000 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 all representation and liability for the use of this map.  ST CE VE DA LA R T RA N CE S VE LA T RA N CE W 2N D ST S Exhibit Showing 137-07-09-001 114 W 2nd South Street requesting Conditional Use Permit for Bed & Breakfast Legend Road Centerlines Parcels TMS W 3R D ST S 0 15 30 60 February 2, 2018 µ 90 120 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 137-07-09-001 All efforts 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.