Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA March 13, 2018 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Approval of minutes from February 13, 2018 (For below item, signs posted on property February 23, 2018 and ad on February 25, 2018 in Post & Courier) II. OLD BUSINESS: 1. Vice Chairman nomination 2. 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) III. NEW BUSINESS: 1. TMS# 137-11-04-004, 109 E. 6th South Street, zoned R-1 Single Family Residential, owned by John & Rachel Cole – variance request to allow an accessory structure to have 90% of the square footage of the principal structure, Ordinance Section 32-321(g)(5) and a five (5) foot side setback for an accessory structure, Ordinance Section 32-122(f)(4). (Council District 2) 2. TMS# 129-10-14-015, 100 Doral Blue Drive, zoned PUD – Planned Unit Development, owned by H&H Homes LLC. – variance request to reduce the required front yard setback from 25 feet to 15 feet, Ordinance Sections 32- 123(e)(3). (Council District 4) 3. TMS# 129-10-14-001, 101 Doral Blue Drive, zoned PUD – Planned Unit Development, owned by H&H Homes LLC. – variance request to reduce the required front yard setback from 25 feet to 10 feet, Ordinance Sections 32- 123(e)(3). (Council District 4) IV. MISCELLANEOUS: V. ADJOURN Posted February 23, 2018  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS February 13, 2018 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, February 13, 2018 at 5:00 PM. Present were Denis Tsukalas, Chairman; Lionel Lawson, Elise Richardson and Don Nye. Staff present included 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 January 9, 2018 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 Ms. Richardson. The motion to approve the minutes passed unanimously. OLD BUSINESS: The first item under Old 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 the applicant had provided a plan that adequately addressed the concerns of Mr. Cornette concerning stormwater issues. A representative of the applicant, Sharee Mason, addressed how they intended to add these new units to the existing HOA in the area. Based on the type of product offered the samller lot sizes are because the interior units will be considerably more narrow than the end units and that is why there is a need for the variance. The board asked if there would be adequate parking for the units. Ms. Mason confirmed that there would be two parking spaces per dwelling unit. Mr. Nye said that if Mr. Cornette is comfortable with the layout and drainage issues he was ok with approving the request. Mr. Nye made a motion to approve the variance to reduce the minimum lot size from 4,000 square feet to 1,868 square feet. The motion was seconded by Mr. Lawson. The motion passed 3-1 with Mr. Tsukalas voting against. NEW BUSINESS: The first item under New Business is 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). Mr. Macholl explained that during the permitting process it was determined that the proposed structure was located in the front yard and that a variance would be required to be able to build it in that location. Mr. Tsukalas asked if there had been another variance approved to allow the other structure in the front yard. Mr. Macholl explained that no there were no other variances approved for this property. There had been however, a variance for an accessory structure approved next door on S. Main Street in 2015. Matt Kuhn explained the request and that part of the request is to provide a buffer from the traffic on N. Main Street. The state had requested that their driveway to N. Main be closed because the traffic was too heavy to allow that entrance to remain. Mr. Nye made a motion to approve the variance to allow the accessory structure in the front yard. The motion was seconded by Ms. Richardson. The motion passed unanimously. The second item under new business was 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). Mr. Macholl explained that the three cases on W. 2nd North Street were all together, but because they are requesting slightly different variances that they were filed separately. He explained that the properties are all zoned R-5 and single family homes could be built on these lots without variances, but that they were fairly shallow lots and they were having a hard time fitting the proposed houses onto the lots. Hunter Quinn Homes met with staff and staff suggested replatting to make the two smaller lots larger and the largest slightly bigger. This replatting and conformance to the R-2 standards resulted in the need for the variances proposed. Ms. Hammerlee asked where these house would be in relation to the street. Ms. Mason of Hunter Quinn Homes explained that even though they were asking for the reduced front setbacks, because of the large right-of-way for W. 2nd North Street these homes would still be more than 40 feet off of the edge of pavement. Mr. Macholl explained that even though all of the issues were addressed under item “B” on the agenda, because each lot required a different variance they would require separate votes. Mr. Nye made a motion to approve the variances to allow a reduced front yard setback of 18.5 feet and reduced lot size of 6,075.41 square feet for 612 W. 2nd North Street. The motion was seconded by Ms. Richardson. The motion passed unanimously. The third item under New Business was 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). See the notes above for the discussion under the second item. Ms. Richardson made a motion to approve the variances to allow a reduced front yard setback of 16.5 feet and reduced lot size of 6,522.71 square feet for 614 W. 2nd North Street. The motion was seconded by Mr. Nye. The motion passed unanimously. The fourth item under New Business was 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). See the notes above for the discussion under the second item. Mr. Lawson made a motion to approve the variances to allow a reduced front yard setback of 15.5 feet and reduced lot size of 7,232.23 square feet for 616 W. 2nd North Street. The motion was seconded by Mr. Nye. The motion passed unanimously. The fifth item under New Business was 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). MR. Macholl explained that the applicant had applied for permits to build a quadraplex on the property, which is permitted in R-5 zoning. During the review it was discovered that there was not an easement over the large drainage ditch that ran through the property. With the requested easement the proposed structure would not be able to fit with the required buffers, parking and drive aisles. The applicant worked with town staff to provide the required easement for drainage and because of common ownership with the adjeacent property they were able to move the property line to allow the building to be shifted over to keep the structure out of the easement. Mr. Macholl pointed out that if the proposed UDO were in place the zoning that would be applied to this property would allow the building to be constructed in this location without the need for this requested variance. Because of the large right-of-way, the structure would not be out of line with the other buildings on the street, and angled parking will be provided in the right-of-way to meet the parking requirement. The board asked if piping the ditch had been considered, and Mr. Sam Swails explained that it had been looked at but it was not economically viable. Mr. Nye made a motion to approve the variance to allow a reduced front yard setback of 5 feet for 307 W. 4th North Street. The motion was seconded by Ms. Richardson. The motion passed unanimously. The final item under new business was 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. Mr. Macholl explained that the applicant was seeking a new Bed and Breakfast permit to operate at the addresses above, and that he has completed the necessary public notice, and that he meets the requirements of the ordinance. The rental units would be the existing cottages located in the rear of the property that have been operating as long term rentals up until this point. Mr. Macholl explained that staff had received an email as well as an official letter of objection to the proposed Conditional Use Permit, which triggers the appeal directly to the BZA. Mr. Tsukalas asked if a copy of the ordinance was available. Mr. Macholl read the section of the ordinance for the record. Mr. Shelbourne, representing the applicants, asked if Mr. Gorman was present, and Mr. Gorman identified himself. Mr. Macholl again explained that the applicant meets all of the conditions of the ordinance, and their application to the Board. Mr. Shelbourne explained that the Dungans had recently purchased the property and that the cottages had been previously rented out long term, and that the conversion to a B&B would not increase traffic. Mr. Shelbourne pointed out that part of the objection pertained to the B&B on S. Magnolia Street, and that location was not on the agenda today and is not pertinent to the discussion. Mr. Peter Gorman came to the table to read his letter into the record. Mr. Gorman implied that the Board had received two bad recommendations from staff concerning the S. Magnolia Street property. He proceeded to read his letter detailing his specific objections to the application at hand. The objections are as follows: 1. The applicant couple has previously been granted a conditional use permit to operate a B&B at 115 S. Magnolia St. Our ordinance requires that B&Bs be owned and operated by the owner of the property. That property is now managed by a caretaker with a $10 revocable share of a $100 valued LLC holding title in the name of one of the owners. 2. This B&B on S. Magnolia advertises through the AirB&B website and is booking customers through it. AirB&B does not require breakfast service. It is unclear whether guests expect or receive the required breakfast service at this site. 3. The Town Council passed first reading of an ordinance Jan. 19, 2018 requiring the operator of a B&B be the owner as evidenced by “…a four percent (4%) homeowners rate through the County Taxing Authority and owns a controlling fee simple title to the real estate upon which the Bed & Breakfast is located.” This ordinance is clearly intended to require all owners of record reside in, and operate, the B&B. 4. The applicant identifies 4 parking space as available for the 201 Central B&B. There are two cottages in the rear of the main house that presumably will be the B&B rooms. The applicant claims he and his family will reside in the main house. a. Where will the owners park their mobile home and 2 other vehicles? b. If they will truly live in the main house, why apply for a B&B permit when they can rent out the cottages on AirB&B? c. Is the applicant willing to sign an affidavit that he will not create another LLC to sublease the 201 Central home to another caretaker? 5. The property is zoned R-2, This block is entirely residential except for the Timrod. This type of activity is not in character with the surrounding neighborhood. 6. There is another B&B at the corner of W. 2nd. S. and S. Main which will suffer economically with such close competition. Similarly, the Pink Dolphin B&B a block away on W. Richardson from the applicant’s 115 S. Magnolia B&B is suffering economically from the competition.  7. The Town Attorney and the BZE erred in its determination that a non-owner operator named in the LLC qualifies for the conditional use permit. The attached “agreement Regarding LLC Membership interests clearly states that the non-owner member of the LLC, Lauren Sheldon, is a lessee of the property. One cannot be both an owner and a lessee. 8. At its June 13, 2017 BZA meeting, the Board met in executive session prior to its vote to approve the B&B permit from the same applicants at the 115 S. Magnolia. The Freedon of Information Act (34-4-80) requires that the intent and purpose of executive session must be posted on the meeting agenda 24 hours prior to the meeting, which it was not. This is a serious violation of the FOIA and strongly suggests that the vote to approve the conditional use permit for the 111 S. Magnolia St. B&B LLC is null and void. (see attached documents) Further, discussion of a conditional use permit does not meet the limits placed on topics of discussion for executive session on Sec. 30-4-70(a)(2). I ask that the Board of Zoning Appeals reject the application on the following grounds: 1. A B&B Owner-operator cannot reside in and operate two separate B&Bs, 2. That the Town Attorney’s opinion that the LLC qualified to meet the owner-operator definition in the Town ordinance was incorrect and therefore invalid, 3. That the BZA violated FOIA by meeting in unannounced executive session for a non-legal reason, 4. That Town Council, on January 19, 2018 has approved a first reading to amend the B&B ordinance to clarify that the property owner(s) must also reside on the property. Mr. Lawson asked what his recommendations were again and Mr. Gorman explained his recommendations again. Mr. Shelbourne asked to respond to the letter. He told the board that this is his primary residence as evidenced by his 4% tax rate on the property. He explained the purpose of an LLC and that they can be used for ownership of property. He explained that if Mr. Gorman objected to the previous decision there is an appeal process in place and he should have objected at that time, and that this is not the time or place to discuss the other property. Mr. Tsukalas asked where the applicant currently resides, Mr. Dungan explained that they have moved into 201 Central as their primary residence, and that the approval of the other location was not conditioned on them living next door. Ms. Sharon Wilson addressed the board asking for clarification of the ownership of 115 S. Magnolia. Ms. Lisa Hammerlee, asked about the possibility of a third cottage, and how the use of the accessory structures can be used as a B&B. Mr. Macholl explained how the process works. Ms. Hamerlee explained her objection to the proposed application. Mr. Joe Lunenschloss explained to the board his objection to a business next door to his property. Mr. Gorman explained his opinion on the LLC issue and that he views what Mr. Dungan has done was circumventing the ownership requirements of the ordinance. Mr. Tsukalas closed the discussion and asked the board for a motion. Mr. Lawson asked is the Town Attorney could come back and explain the position on the ownership issue again to the board. Ms. Richardson agreed. Mr. Tsukalas clarified the motion and explained that it should be tabled until after the Planning Commission and the Town Council have a chance to clarify the ordinance and state their position on the subject. Mr. Lawson made the motion as stated above to table the request until after the Planning Commission and Town Council have met and made their final decisions. The motion was seconded by Mr. Nye. The motion passed unanimously. MISCELLANEOUS: There were no items under Miscellaneous. Mr. Tsukalas pointed out that there was not a Vice Chair, and Mr. Macholl pointed out that it was up to Town Council to appoint someone to fill the vacancy created by the resignation of Arthur DeHay. The Board asked if they wanted to appoint a Vice Chair. A Motion was made by Mr. Lawson to appoint Elise Richardson as Vice Chair of the board of Zoning Appeals. The Motion was seconded by Mr. Nye. The motion passed unanimously. ADJOURN: Hearing no further business the meeting was adjourned at 5:07 PM with a motion by Ms. Richardson and a second by Mr. Lawson. Respectfully Submitted, Tim Macholl Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Arthur DeHay, Vice Chairman  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 March 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 meets 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. The proposed changes to the Town’s B&B Ordinance have been included for your review as well as a copy of the current ordinance as written. These changes were at Planning Commission February 26, 2018, and the Planning and Development Committee of the Town Council on March 5, 2018. At both meetings the proposed changes were recommended for approval. As of the date of this report Town Council has not held Second Reading of the proposed changes, but staff will report the outcome to the Board at the meeting. Staff has reviewed the application based on both the old and proposed versions of the Ordinance and the applicant complies with the requirements of both. Sec. 32-212. - Conditional use permits for bed and breakfast establishments. For purposes of this section, "bed and breakfast" means a residential-type lodging facility having no more than five guestrooms where transient guests are fed and lodged for pay. This section does not apply to other types of transient accommodations, such as hotels, motels, motor inns, resorts, rooming houses, boarding houses, hunting lodges, or campgrounds. (1) The use by the individual owner of property, who is also the resident of the property involved, of part of an existing residential structure or on site residential accessory building as a bed and breakfast establishment may be permitted by the zoning administrator after staff review of the application submitted. The applicant should affirmatively demonstrate to staff and the staff, after review, find that: a. The proposed use does not adversely affect the immediate neighborhood; b. The proposed use of the property will not create noise, light or traffic conditions clearly detrimental to neighboring residents; and c. No exterior alterations, other than those necessary to ensure the safety of the structure, shall be made to any building for the purpose of maintaining such accessory use. (2) The zoning administrator shall, in approving any application, consider the historic, architectural and aesthetic features of the street and immediate neighborhood; the nature, character, population density of the street and immediate neighborhood, as well as traffic and the availability of parking in the immediate neighborhood. The zoning administrator shall also consider the traditional use of the structure, the character and appropriateness of the proposed use, and the desirability of such commercial activity in the area proposed. (3) Should there exist other lawfully existing commercial establishments within 150 feet from the center of the front lot line of the lot where the establishment of a bed and breakfast is sought the zoning administrator shall, prior to issuing a recommendation, affirmatively find that: a. The addition of another commercial establishment will not impede the access of emergency vehicles to the neighborhood; b. The addition of another commercial establishment to the neighborhood will not alter its residential character; and c. The neighborhood has available adequate on-street parking to support an additional commercial establishment. Prior to the zoning administrator issuing any approval, the zoning administrator, building official, and the fire marshall or their respective designees will conduct an on-site inspection of the subject property. The staff shall recommend restrictions or conditions on the use of the structure as deemed necessary to effectuate the intent of this section. The proposed use shall not be expanded in any respect throughout the structure, nor shall the use be changed to any other use without reapplication to and approval by the zoning administrator. (4) In all cases, guestrooms shall meet the following operation requirements: a. No meals other than breakfast may be served by the resident owner to the paying guests. b. The resident owner shall comply with all business license and revenue collection ordinances of the town and the state. c. The property provided one off-street parking place for each guestroom. d. The principal use of any such structure or structures shall be residential and that no more than five units will be utilized as guestrooms. (5) Application process: Applications for bed and breakfast establishments shall be notarized and include the location and owner of the property, a site plan of the lot showing the proposed location of the bed and breakfast use and the location of the required off-street parking spaces,  and a photograph or photographs of the current principal view or views of the structure where the proposed bed and breakfast use is to be located. The application shall also include a statement which the resident-owner must sign acknowledging that he/she has reviewed and understands the requirements of this section. The applicant shall also provide a statement of notification of the application signed by the property owners whose property is within 500 feet of any property line of the subject property. a. Upon receiving a complete application and prior to the issuance of a conditional use permit, the zoning administrator or designee shall post a sign on the subject property for 15 consecutive days providing notice that the resident-owner of the property has applied for a conditional use permit to establish a bed and breakfast use at the location and supplying a phone number to call for further information. b. If the proposed bed and breakfast establishment is zoned "general business" (B-3), outdoor events (e.g., weddings, receptions, parties) or similar activities conducted for compensation shall be permitted provided the following requirements are met: Plans for holding these events are included in the statement of notification to surrounding property owners; all guest parking must be contained either on the property, on allowable public rights-of-way or by private agreement with a private property owner who can accommodate multiple parking areas such as a church and must be approved by the zoning administrator no sooner than 30 days prior to the event; noise levels shall not exceed those levels as addressed by the town's noise ordinance enforceable by the town's police department; all site lighting shall be directed down and in towards the site at all times; all event activities shall terminate by 11:00 p.m. c. Should anyone object in writing to the proposed bed and breakfast use, the board of zoning appeals shall hear the appeal to the zoning administrator's decision per section 32- 91 of the zoning ordinance. (6) Approval of a conditional use permit shall be required prior to the issuance of a business license for operation. (7) Upon a change of ownership of a property and prior to the issuance of a new business license to allow continuation of an existing permitted bed and breakfast use upon said property, the new property owner shall be required to recertify compliance of the bed and breakfast use with the zoning administrator by having an application for recertification of the bed and breakfast use notarized, filed with, and approved by the zoning administrator. (8) Should the bed and breakfast use fail to meet the requirements under which it was authorized for operating a bed and breakfast or be discontinued for a period of 12 months or more, the conditional use permit shall be revoked. (9) All operators of bed and breakfast establishments permitted under this section shall cooperate fully with the zoning administrator and his/her designees, including, but not limited to, providing pertinent information upon request and affording access to that portion of the premises which is used for the bed and breakfast use for reasonable site inspections. (Ord. No. 2001-0601, § 20-56, 6-1-2001; Ord. No. 10-0703, 8-11-2010)  AN ORDINANCE TO AMEND CHAPTER 32, ZONING, ARTICLE V, SPECIAL USE PERMITS, SECTION 32-212 CONDITIONAL USE PERMITS FOR BED AND BREAKFAST ESTABLISHMENTS, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council Members of the Town of Summerville, in Council Assembled that Chapter 32, Zoning, Article V, Special Use Permits, Section 32-212 entitled Conditional use permits for bed and breakfast establishments, the opening paragraph is amended as follows: Sec. 32-212 Conditional use permits for bed and breakfast establishments. For purposes of this section, “bed and breakfast” means a residential-type lodging facility having no more than five guest rooms where transient guests are fed and lodged for pay. This section does not apply to other types of transient accommodations, such as hotels, motels, motor inn, resorts, rooming houses, boarding house, hunting lodges or campgrounds. The bed and breakfast shall be owned and operated by one hundred percent (100%) of the record owner(s) of the real property upon which the bed and breakfast is located and shall be a resident(s) of the subject property; for purposes of this Zoning Ordinance, to qualify as a resident(s) of a property, the person(s) shall use that property as their legal voting address, South Carolina driver’s license address or South Carolina Identification Card address and four percent (4%) homeowners assessment ratio address, and shall actually reside on the property at least 183 days each year and be on site at any time guest are registered. A bed and breakfast owned by a Limited Liability Corporation (LLC), Corporation or any other type of business entity, one hundred percent (100%) of the ownership of said LLC, corporation or other type of business entity shall be by the resident(s) as described above together with the same restrictions and qualifications set forth. Ratified this _________ day of _______, 2018 A.D. ________________________________________ William W. Johnson, Mayor ________________________________________ Beth Messervy, Town Clerk PUBLIC HEARING: __February 26, 2018___ FIRST READING: ____January 19, 2018____ SECOND READING: ___________________  -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. January 24, 2018 TO: Tim Macholl Annexation & Development Coordinator Board of Zoning Appeals Town Hall 200 S. Main St Summerville, SC FROM: Peter Gorman East Historic District Civic Association 313 S. Magnolia St. Summerville, SC SUBJECT: Application for Conditional Use Permit to operate a B&B at 201 Central Avenue I am writing to express the opposition of the East Historic District Civic Association to the proposed approval of a permit to operate a B&B at this location, for the following reasons; 1. The applicant couple has previously been granted a conditional use permit to operate a B&B at 115 S. Magnolia St. Our ordinance requires that B&Bs be owned and operated by the owner of the property. That property is now managed by a caretaker with a $10 revocable share of a $100 valued LLC holding title in the name of one of the owners. 2. This B&B on S. Magnolia advertises through the AirB&B website and is booking customers through it. AirB&B does not require breakfast service. It is unclear whether guests expect or receive the required breakfast service at this site. 3. The Town Council passed first reading of an ordinance Jan. 19, 2018 requiring the operator of a B&B be the owner as evidenced by “…a four percent (4%) homeowners rate through the County Taxing Authority and owns a controlling fee simple title to the real estate upon which the Bed & Breakfast is located.” This ordinance is clearly intended to require all owners of record reside in, and operate, the B&B. 4. The applicant identifies 4 parking space as available for the 201 Central B&B. There are two cottages in the rear of the main house that presumably will be the B&B rooms. The applicant claims he and his family will reside in the main house. a. Where will the owners park their mobile home and 2 other vehicles? b. If they will truly live in the main house, why apply for a B&B permit when they can rent out the cottages on AirB&B? c. Is the applicant willing to sign an affidavit that he will not create another LLC to sublease the 201 Central home to another caretaker? 5. The property is zoned B-3, which allows it to have paid weddings and parties. This block is entirely residential except for the Timrod. This type of activity is not in character with the surrounding neighborhood. 6. There is another B&B at the corner of W. 2nd. S. and S. Main which will suffer economically with such close competition. Similarly, the Pink Dolphin B&B a block away on W. Richardson from the applicant’s 115 S. Magnolia B&B is suffering economically from the competition. For the above reasons, I ask that the Board of Zoning Appleals reject the applicants’ request for a B&B conditional use permit for 201 Central.  VARIANCE REQUEST TMS#137-11-04-004 109 E. 6th South Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS March 13, 2018 Request: variance request to allow an accessory structure to have 90% of the square footage of the principal structure and a five (5) foot side setback for an accessory structure 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)(5) accessory structure size and 32-122(f)(4) Side yard setback: 15 feet (ten feet for accessory buildings) Background: The new owners of the home applied for BAR approval and building permits for the construction of a new detached 1,032 square foot garage, which is 90% of the square footage of the principal structure (1,174 square feet). They have requested that the side setback be reduced to optimize the property while maintaining the historic integrity of the home. Staff has no objection to the proposed variance.  137-11-04-001.000 137-11-04-008.000 137-11-04-002.000 137-11-04-007.000 137-11-04-003.000 137-11-04-006.000 137-11-04-004.000 137-11-04-005.000 E6 TH ST S Exhibit Showing 137-11-04-004 109 E. 6th South Street 137-10-07-004.000 requesting variance for Accessory Structure Size Legend Road Centerlines Parcels 137-11-04-004.000 Summerville Zoning 137-10-07-001.000 0 12.5 25 50 March 2, 2018 µ 75 SM AG NO 100 ST LIA Feet Disclaimer: This map is a graphic representation of data obtained from various sources. R-1 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. 137-15-01-001.000 137-10-03-021.000 137-11-04-001.000 ST MA IN S 137-11-04-008.000 137-11-04-002.000 137-11-04-007.000 137-11-04-003.000 137-11-04-006.000 137-11-04-004.000 E6 TH ST S 137-11-04-005.000 137-11-05-002.000 137-11-05-001.000 137-10-07-004.000 137-10-07-001.000 Exhibit Showing 137-11-04-004 109 E. 6th South Street requesting variance for Accessory Structure Size ST µ AG NO LIA SM 137-15-01-001.000 137-10-07-003.000 Legend 0 20 40 80 120 160 Feet 137-10-07-002.000 137-15-01-002.000 Road Centerlines March 2, 2018 Disclaimer: This map is a graphic representation of data obtained from137-15-01-007.000 various sources. 137-11-04-004.000 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. 137-15-01-004.000 137-15-01-003.000 February 24, 2018 To: Town of Summerville Board of Zoning Appeals From: John & Rachel Cole Re: 109 E 6th South Street Garage Addition Dear Board Members; We are applying to the Board of Architectural Review for a permit to add a garage onto our property located at 109 E 6th South Street. Along with that, we are asking for a variance on the setbacks for the garage and a variance on the size of the garage. The setbacks will be closer to neighboring properties than the ordinance requires and the size of the garage will be about 90% of the home size. Our reasoning for these requests is as follows: a. Extraordinary Conditions – Due to the location of the home on the property, there is not currently private property parking. In order to build a garage and provide parking, without taking away from the visual aesthetics of the home, we would need to place the garage in the back corner of the property, thus the variance on the setbacks. The home is over 100 years old and, during that time, homes were built much smaller. The garage is at 90% of the home size due to this. We are aiming to increase optimization of our property without jeopardizing the historical aspect of the home, thus adding a garage instead of requesting to add onto the home. In order to gain the needed space with such a small cottage home, the garage design (for a 2 car garage) is at 90% of the size of the home. b. Other Property – The surrounding properties do not necessarily face the same conditions of this home. The other homes surrounding the property are large, thus allowing them to stay within the size requirements, which we are unable to do. The setback variance is being asked for to place the garage further away from the home to preserve the historical appeal, something the new homes in the area are not as concerned about, as well as optimize the outdoor living. c. Utilization – in order to place a garage on this property, there are restrictions due to the location of the home on the property. Placing the garage in the back corner allows the best utilization of the property and will allow off street parking from the busy road. Allowing the setback variance will allow full utilization of the outdoor space behind the house and allowing the size variance will allow us to build a garage large enough for both of us to park our vehicles off of the street, which is the current parking option. d. Detriment – with the placement of the garage being behind the home and in the corner, there is no concern of substantial detriment to the adjacent properties. The other homes will not be directly affected by either a setback variance or a size variance. Thank you for your time and consideration, John & Rachel Cole  VARIANCE REQUEST TMS#129-10-14-015 100 Doral Blue Drive, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS March 13, 2018 Request: Variance request to reduce the required front yard setback from 25 feet to 15 feet. Property Zoning: PUD Planned Unit Development Surrounding Zoning: North: PUD Planned Unit Development South: PUD Planned Unit Development East: PUD Planned Unit Development West: PUD Planned Unit Development Ordinance requires: Ordinance Section 32-123(e)(3) Front Yard Setback: 25 feet Background: The developer of the property applied for building permits to construct a home on the property. Upon review it was determined by staff that due to the required front yard setback on both exterior sides of the lot, due to it being a corner lot, that the proposed home would not meet the required front setback along Hazeltine Bend. The proposed home will front on Doral Blue Drive but the exterior front side must be reduced to 10 feet to accommodate the proposed structure and eaves. Staff has no objection to the proposed variance. If the proposed Unified Development Ordinance were in place, this would not require a variance because a side setback (corner) would require a 10 foot setback under the GR-5 General Residential Standards.  129-11-14-004.000 129-11-15-022.000 HA 129-11-14-002.000 ZE LT IN E 129-10-13-033.000 BN 129-11-14-001.000 999-00-00-001.000 D 129-10-11-027.888 129-11-14-041.000 129-11-14-040.000 129-10-13-034.000 129-11-14-039.000 129-10-13-035.000 129-10-14-008.888 129-11-14-038.000 DE ER 129-10-14-001.000 RU N RD 129-15-04-003.000 129-10-13-036.000 129-10-14-002.000 129-11-14-037.000 129-10-14-003.000 129-10-14-004.000 DIA MO ND 129-10-14-005.000 HE 129-15-04-002.000 AD BN D 129-10-14-006.000 999-00-00-001.000 129-10-14-016.999 CO 129-15-04-001.000 129-10-14-015.000 NG RE 129-10-14-007.000 SS IO NA 129-10-14-014.000 L BL 129-10-14-013.000 129-10-14-012.000 VD 129-15-03-015.000 129-15-03-007.000 129-10-14-011.000 129-15-03-014.000 C T N E 129-10-14-010.000 TO ES R FI 129-10-14-009.000 129-15-03-008.000 129-15-03-013.000 129-10-14-008.888 Exhibit Showing 129-10-14-015 129-15-03-011.000 100 Doral Blue Drive 129-15-03-009.000 129-15-03-012.000 requesting variance for 129-15-03-010.000 Front Setback Legend Road Centerlines 129-00-00-146.000 Streams 129-10-14-001.000 129-00-00-145.000 0 25 50 100 March 2, 2018 129-00-00-004.000 µ 150 200 Feet Disclaimer: This map is a graphic representation of data obtained from various sources. 129-10-14-015.000 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.  VARIANCE REQUEST TMS#129-10-14-001 101 Doral Blue Drive, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS March 13, 2018 Request: Variance request to reduce the required front yard setback from 25 feet to 10 feet. Property Zoning: PUD Planned Unit Development Surrounding Zoning: North: PUD Planned Unit Development South: PUD Planned Unit Development East: PUD Planned Unit Development West: PUD Planned Unit Development Ordinance requires: Ordinance Section 32-123(e)(3) Front Yard Setback: 25 feet Background: The developer of the property applied for building permits to construct a home on the property. Upon review it was determined by staff that due to the required front yard setback on both exterior sides of the lot, due to it being a corner lot, that the proposed home would not meet the required front setback along Hazeltine Bend. The proposed home will front on Doral Blue Drive but the exterior front side must be reduced to 10 feet to accommodate the proposed structure and eaves. Staff has no objection to the proposed variance. If the proposed Unified Development Ordinance were in place, this would not require a variance because a side setback (corner) would require a 10 foot setback under the GR-5 General Residential Standards.  129-11-15-031.000 129-11-14-005.000 129-11-15-004.000 129-11-15-032.000 129-11-15-003.000 129-11-15-002.000 129-11-15-023.000 129-11-14-004.000 N 129-11-15-001.000 RR YL GRA PEVIN E RD BL AC KB HA ZE 129-11-14-002.000 E LT IN 129-11-15-022.000 E BN D 129-10-13-033.000 129-11-14-001.000 999-00-00-001.000 129-10-11-027.888 129-11-14-041.000 129-10-13-034.000 129-11-14-040.000 999-00-00-001.000 129-11-14-039.000 129-10-13-035.000 129-11-14-038.000 DE 129-10-14-008.888 ER RU N RD 129-10-14-001.000 129-15-04-003.000 129-11-14-037.000 129-10-13-036.000 129-10-14-002.000 129-10-14-003.000 129-10-14-004.000 DIA MO 129-10-14-005.000 129-15-04-002.000 ND HE AD BN D 129-10-14-006.000 129-10-14-016.999 129-15-04-001.000 129-10-14-015.000 129-10-14-007.000 129-10-14-014.000 129-10-14-013.000 129-10-14-012.000 129-15-03-015.000 129-15-03-007.000 129-10-14-011.000 129-15-03-014.000 NG Exhibit Showing 129-10-14-010.000 129-10-14-001 CO SS 101 Doral Blue Drive 129-10-14-009.000 RE 129-15-03-008.000 L requesting variance for IONA Front Setback VD BL µ 129-15-03-013.000 129-10-14-008.888 Legend 129-15-03-012.000 129-15-03-011.000 129-15-03-009.000 0 25 50 100 150 200 Road Centerlines Feet 129-15-03-010.000 Streams 129-10-14-001.000 March 2, 2018 Disclaimer: This map is a graphic representation of data obtained from various sources. 129-10-14-015.000 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. 129-00-00-145.000