Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA April 10, 2018 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Approval of minutes from March 13, 2018 (For below item, signs posted on property March 23, 2018 and ad on March 25, 2018 in Post & Courier) II. OLD BUSINESS: 1. No Old Business III. NEW BUSINESS: 1. TMS# 145-08-00-055, 217 Bayberry Run, zoned R-2 Single Family Residential, owned by Johanna L. Rokes – variance request to reduce the required rear yard setback from 25 feet to 12 feet for a screened in porch, Ordinance Section 32-123(e)(5). (Council District 3) 2. TMS# 130-14-07-006, 711 Alston Street, zoned R-5 Mixed Residential, owned by Hunter Quinn Homes LLC. – variance request to reduce the required front yard setback from 20 feet to 10 feet, Ordinance Sections 32- 126(e)(3). (Council District 1) IV. MISCELLANEOUS: V. ADJOURN Posted March 23, 2018  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS March 13, 2018 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, March 13, 2018 at 5:01 PM. Present were Denis Tsukalas, Chairman; Lionel Lawson, and Don Nye. Staff present included Tim Macholl, Zoning Administrator and Meredith Detsch, Town Planner. The meeting was called to order at 5:01 PM by the Chairman. He asked for any comments or edits for the minutes from the February 13, 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 Mr. Lawson. The motion to approve the minutes passed unanimously. OLD BUSINESS: The first item under Old Business was the nomination o a new Vice Chairman. Mr. Macholl explained that though this was voted on at the last meeting, it had not been on the official agenda and it was included on this agenda to address FOIA requirements. There was some discussion concerning the nomination and whether a member absent could be nominated, the members decided to keep the nomination of Elise Richardson. Mr. Nye made a motion to approve Elise Richardson as the Vice Chairman of the Board of Zoning Appeals. The motion was seconded by Mr. Lawson. The Motion Passed Unanimously. The second item under Old 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 the request of the applicant, and reminded the board that the request had been tabled last month due to questions concerning whether their actions taken on a previous appeal had been lawful under the Freedom of Information Act requirements. Mr. Macholl explained that he had discussed the situation with GW Parker, Town Attorney, and that he had determined that they had acted within the confines of the law. Additionally, Mr. Macholl explained what had occurred with the Planning Commission, the Planning and Development Committee, and Town Council concerning the proposed changes to the Bed and Breakfast Ordinance. He explained that the Planning Commission and the P&D Committee had made recommendations of approval and that the Town Council unanimously approved the text amendment to the Town’s Ordinance. Mr. Macholl explained to the Board that the Dungan’s application was in compliance with the previous Ordinance as well as in compliance with the approved amendments at this location. Mr. Nye asked if there had been any additional objections, Mr. Macholl explained that no there were no additional objections received. Mr. Lunenschloss asked if this had been appropriately noticed, considering the changes to the ordinance. Mr. Tsukalas explained to the audience that this hearing pertains only to the 201 Central Avenue application and that they would not entertain any comments concerning the Magnolia Street B&B previously approved by the Board. Mr. Macholl explained that the public hearing had been appropriately noticed by posting signs and a written notice in the Post and Courier newspaper. There being no other questions or comments from the public Mr. Tsukalas asked for a motion. Ms. Hammerlee asked about the parking situation on site, and Mr. Macholl explained the applicant’s request, and Mr. Dungan explained that the ordinance actually requires only one space per rental unit and they have shown four spaces on site which exceeds the minimum requirement. Mr. Nye made a motion to approve the issuance of the Bed & Breakfast Conditional Use Permit to operate a Bed and Breakfast at 201 Central Avenue. The motion was seconded by Mr. Lawson. The motion passed unanimously. NEW BUSINESS: The first item under New Business is 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). Mr. Macholl explained that during the permitting process it was determined that the proposed structure was far in excess of the permitted size for an accessory structure and that the applicants wanted the garage within five feet of the side property line, in R-1 zoning the required setback is 10 feet. Mr. Macholl brought up that the applicants had applied for a tree removal permit to remove some trees in the footprint of the proposed garage, and that there was a very large, 61” Oak tree, that is trying to be preserved and that the further away from the tree the better. Ms. Hammerlee asked what the size limitation would be. Mr. Macholl explained that accessory structures are typically limited to 50% of the square footage of the principal structure, and that in this case because the primary structure is just over 1,000 square feet the garage would be limited to just over 500 square feet. Jordy Tupper explained that most of the house in the area are larger than this cottage and they all have larger garages, the owners are trying to be respectful of the home and have designed it to fit in the style of the house. Mr. Tsukalas asked what the garage would be used for, and the applicants explained that it would be used more for storage, and that there is a covered portion they would potentially use for entertaining. Mr. Sherwood Miler provided his support for the project. Mr. Nye made a motion to approve the variance 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. The motion was seconded by Mr. Lawson. The motion passed unanimously. The second item under new business was 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). Mr. Macholl explained that this and the next item on the agenda are together, but they are requesting slightly different requests and therefore will require separate votes. Both requests are for corner lots that face each other, addressed off of Doral Blue Drive. The Town’s ordinance requires two front yard setbacks on corner lots of 25 feet on both frontages. He explained both requests and that the third item under New Business would be requesting a setback reduction from 25 feet to 10 feet. Mr. Macholl noted that with the proposed UDO there would not be a need for the variance request because the double front yard requirement would be eliminated and the exterior side would be reduced to 10 feet. Mr. Miler explained the overall project and provided some background on the Pine Forest Country Club PUD. He explained that this cul-de-sac would be treated as the other cul-de-sacs in the development and there would only be access on Doral Blue Drive to provide a more insular style for this location. Mr. Tsukalas asked for clarification on the location of this new cul-de-sac. The location of the development was shown by staff on the screen to give better perspective, Ms. Detsch walked the location through for the board. Mr. Nye made a motion to approve the variance to allow a reduced front yard setback of 15 feet for 100 Doral Blue Drive. The motion was seconded by Mr. Lawson. The motion passed unanimously. The third item under New Business was 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). See the notes above for the discussion under the second item. Mr. Nye made a motion to approve the variance to allow a reduced front yard setback of 10 feet for 101 Doral Blue Drive. The motion was seconded by Mr. Lawson. The motion passed unanimously. MISCELLANEOUS: There were no items under Miscellaneous. ADJOURN: Hearing no further business the meeting was adjourned at 5:31 PM with a motion by Mr. Nye and a second by Mr. Lawson. The motion passed unanimously. Respectfully Submitted, Tim Macholl Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Elise Richardson, Vice Chairman  VARIANCE REQUEST TMS#145-08-00-055 217 Bayberry Run, 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: R-2 Single Family Residential Surrounding Zoning: North: R-2 Single Family Residential South: R-2 Single Family Residential East: R-2 Single Family Residential West: R-2 Single Family Residential Ordinance requires: Ordinance Section 32-123(e)(5) Rear Yard Setback: 25 feet Background: The owner of the property is seeking to construct a screened in porch on the rear of the house. Due to the placement of the home on the property, with the required 25 foot front yard and 25 foot rear yard setbacks, the proposed porch extends into the required setback 13 feet. Staff has no objection to the proposed variance.  145-04-01-011.000 145-04-01-008.000 145-08-00-064.000 145-04-01-012.000 145-04-01-007.000 145-08-00-065.000 145-04-01-013.000 145-08-00-053.000 145-08-00-052.000 145-08-00-008.000 145-08-00-054.000 145-08-00-006.000 145-08-00-055.000 145-08-00-056.000 145-08-00-057.000 145-08-00-058.000 145-08-00-035.000 145-08-00-051.000 N RU RY BER Y BA 145-08-00-050.000 145-08-00-034.000 145-08-00-049.000 145-08-00-016.000 145-08-00-033.000 145-08-00-048.000 145-08-00-036.000 145-08-00-032.000 145-08-00-041.000 µ 145-08-00-037.000 145-08-00-040.000 Exhibit Showing 145-08-00-031.000 145-08-00-055 217 Bayberry Run requesting variance for 145-08-00-059.000 Legend Rear Yard Setback 0 20 40 80 120 160 145-08-00-038.000 145-08-00-039.000 Feet March 28, 2018 Road Centerlines 145-08-00-055.000 145-08-00-042.000 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; 145-08-00-030.000 however, the Town of Summerville disclaims all representation and liability for the use of this map. 145-08-00-023.000  145-04-01-011.000 145-04-01-008.000 145-08-00-064.000 145-04-01-012.000 145-04-01-007.000 145-08-00-065.000 145-04-01-013.000 145-08-00-053.000 145-08-00-052.000 145-08-00-008.000 145-08-00-054.000 145-08-00-006.000 145-08-00-055.000 145-08-00-056.000 145-08-00-057.000 145-08-00-058.000 145-08-00-035.000 145-08-00-051.000 N RU RY BER Y BA 145-08-00-050.000 145-08-00-034.000 145-08-00-049.000 145-08-00-016.000 145-08-00-033.000 145-08-00-048.000 145-08-00-036.000 145-08-00-032.000 145-08-00-041.000 µ 145-08-00-037.000 145-08-00-040.000 Exhibit Showing Legend 145-08-00-031.000 145-08-00-055 217 Bayberry Run Road Centerlines requesting variance for Parcels 145-08-00-059.000 Rear Yard Setback 145-08-00-055.000 0 20 40 80 120 160 Summerville Zoning 145-08-00-038.000 145-08-00-039.000 Feet March 28, 2018 AC R-2 145-08-00-042.000 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; 145-08-00-030.000 however, the Town of Summerville disclaims all representation and liability for the use of this map. 145-08-00-023.000  VARIANCE REQUEST TMS#130-14-07-006 711 Alston Street, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS April 10, 2018 Request: Variance request to reduce the required front yard setback from 20 feet to 10 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)(3) Front Yard Setback: 20 feet Background: The need for a variance was identified by staff at the time of permitting for the property. Due to the nature of corner lots and the required double front setback, which will be eliminated with the passage of the UDO, this new duplex requires the reduction of the side fronting on W. 3rd North Street. The variance will allow the Home builder to continue building out in this area. Zoning staff has no concerns about the approval of this variance request.  130-14-08-002.000 130-14-00-006.000 130-14-08-003.000 130-14-08-009.000 130-14-00-018.000 130-14-08-004.000 130-14-00-007.000 130-14-08-005.000 130-14-08-006.000 130-14-00-008.000 130-14-08-010.000 130-14-08-007.000 130-14-08-008.000 130-14-07-006.000 W 130-14-00-009.000 ST 3R DS TN AL ST 130-14-07-005.000 ON 130-14-07-004.000 130-14-07-003.000 130-14-07-002.000 130-14-07-007.000 130-14-07-008.000 130-14-07-001.000 130-14-07-009.000 130-14-07-010.000 130-14-07-011.000 130-14-07-012.000 130-14-06-014.000 BO ON ES T 130-14-15-001.000 µ 130-14-06-001.000 Exhibit Showing Legend 130-14-07-006 711 Alston Street Road Centerlines requesting variance for Front Yard Setback Streams 130-14-06-007.000 Parcels 0 15 30 60 90 120 130-14-07-006.000 Feet March 28, 2018 Summerville Zoning R-5 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. 130-14-06-008.000  130-14-08-002.000 130-14-00-006.000 130-14-08-003.000 130-14-08-009.000 130-14-00-018.000 130-14-08-004.000 130-14-00-007.000 130-14-08-005.000 130-14-08-006.000 130-14-00-008.000 130-14-08-010.000 130-14-08-007.000 130-14-08-008.000 130-14-07-006.000 W 130-14-00-009.000 ST 3R DS TN AL ST 130-14-07-005.000 ON 130-14-07-004.000 130-14-07-003.000 130-14-07-002.000 130-14-07-007.000 130-14-07-008.000 130-14-07-001.000 130-14-07-009.000 130-14-07-010.000 130-14-07-011.000 130-14-07-012.000 130-14-06-014.000 BO ON ES T 130-14-15-001.000 µ 130-14-06-001.000 Exhibit Showing 130-14-07-006 711 Alston Street Legend requesting variance for Front Yard Setback 130-14-06-007.000 0 15 30 60 90 120 Road Centerlines Feet March 28, 2018 Streams 130-14-07-006.000 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. 130-14-06-008.000