Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA May 15, 2018 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Approval of minutes from April 10, 2018 (For below item, signs posted on property April 30, 2018 and ad on April 29, 2018 in Post & Courier) II. OLD BUSINESS: 1. No Old Business III. NEW BUSINESS: 1. TMS# 145-01-04-017, 102 W. Walker Drive, zoned R-1, Single Family Residential, owned by Michael & Donna Knight - variance to allow 42 foot building height ordinance requires 35 feet, to rebuild home on the property per Section 32-122(i)(1). (Council District 4) IV. MISCELLANEOUS: V. ADJOURN Posted April 30, 2018  MINUTES TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS April 10, 2018 The Board of Zoning Appeals met in the Training Room at Town Hall on Tuesday, April 10, 2018 at 5:00 PM. Present were Denis Tsukalas, Chairman; Don Nye; and Elise Richardson. Staff present included Tim Macholl, Zoning Administrator, Meredith Detsch, Town Planner and Dennis Somnitz, Town Arborist. 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 March 13, 2018 meeting. One typo was noted by staff, and there were no 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: There were no items under old business. NEW BUSINESS: The first item under New Business is 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). Mr. Macholl explained that during the permitting process it was determined that the proposed structure would encroach into the required rear yard setback. Mr. Rokes, an owner of the property, explained to the board that because of the layout of the property being a corner on a curve and the house being pushed back, there would be no way to construct a screened in porch without coming into the required setback. He also explained that he had discussed the project with the neighbors and that they had provided letters of support which were in the packet. Mr. Tsukalas made a motion to approve the variance to reduce the required rear yard setback from 25 feet to 12 feet for the construction of a screened in porch. The motion was seconded by Mr. Nye. The motion passed unanimously. The second item under new business was 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). Mr. Macholl explained that the petitioner had applied for the building permit thinking that the 10 foot easement line was the required setback line. The code requires that a corner lot has two front yards, and as such with R-5 zoning the required front setback is 20 feet. Mr. Macholl also explained that in the future if the UDO is passed this provision will be eliminated and there will no longer be a double front setback requirement. Mr. Tsukalas asked if the easement was on the property, and Mr. Nye asked if it was a drainage easement. Mr. Macholl explained that the easement is a drainage easement and it is entirely on the property, and that the building can be built right up to the easement line. Mr. Nye made a motion to approve the variance to allow a reduced front yard setback from 20 feet to 10 feet for 711 Alston Street. 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 5:06 PM with a motion by Mr. Nye and a second by Mr. Tsukalas. The motion passed unanimously. Respectfully Submitted, Tim Macholl Zoning Administrator _______________________________________ Denis Tsukalas, Chairman; or, Elise Richardson, Vice Chairman  VARIANCE REQUEST TMS#145-01-04-017 102 W. Walker Drive, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS May 15, 2018 Request: Variance request to allow 42 foot building height, ordinance requires 35 feet. 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 32-122(i)(1) Maximum Building Height: 35 feet for main structure. Background: The applicant approached staff concerning the need for the height variance. The Owner of the property originally intended to restore the original 42 foot tall structure. Upon starting renovations it was discovered that the building was no longer structurally sound. The owner decided to demolish the building with the intent to rebuild to original dimensions. Zoning staff has no concerns about the approval of this variance request.  E JOHNSTON RD ST TE A FA RM RD UB T A IN S SM ST CL N NT RY S TO HN JO IZ W OU EL OL E DC AB LY IN TH HOL ST SE BRING DR N RD E T AV H URS PINE CAN D E WA LK ER DR LE L ITE DR ER A LK WW PATH CO RA LIE N DL DR AR H EP ES W SHEPARD LN LY LN HOL OLD BB LV D CLU N T RY LN COU T IA Exhibit showing C RE LU TMS 145-01-04-017 Legend Road Centerlines Streams 145-01-04-017.000 0 75 150 SAW MIL L BR ANC H 300 April 2018 µ 450 600 RANCH I LL B SAWM Feet Disclaimer: This map is a graphic representation of data obtained from various sources. Dorchester Parcels 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.  E JOHNSTON RD ST TE A FA RM RD UB T A IN S SM ST CL N NT RY S TO HN JO IZ W OU EL OL E DC AB LY IN TH HOL ST SE BRING DR N RD E T AV H URS PINE CAN D E WA LK ER DR LE L ITE DR ER A LK WW PATH CO RA LIE N DL DR AR H EP ES W SHEPARD LN LY LN HOL OLD BB LV D CLU N T RY LN COU T IA Legend Exhibit showing C RE LU Road Centerlines TMS 145-01-04-017 µ Streams Dorchester Parcels Subject Parcel 145-01-04-017.000 Summerville Zoning B-1 B-3 0 75 150 300 450 600 RANCH R-1 I LL B SAWM Feet H R-2 ANC L BR R-3 SAW MIL April 2018 Disclaimer: This map is a graphic representation of data obtained from various sources. R-6 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.