Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA January 14, 2020 5:00 PM Town Hall (annex) – Training Room 200 S. Main Street I. Approval of minutes from November 12, 2019 (For below item, signs posted on property December 30, 2019 and ad on December 29, 2019 in Post & Courier) II. OLD BUSINESS: 1. No Old Business III. NEW BUSINESS: 1. TMS # 136-16-10-023, 708 Simmons Avenue, zoned GR-2 – General Residential, owned by Barry Katz – variance request to increase the permitted accessory structure height from 20 feet to 24.375 feet, Ordinance Sections 2.7.5.B. 2. TMS # 153-01-05-028, 105 Tiffany Lane, zoned GR-5 – General Residential, owned by Curtis Bowman – variance request to increase the permitted accessory structure height from 20 feet to 24 feet, and to increase the permitted square footage from 50% of the footprint of the building to 71% (1200 sf). Ordinance Section 2.7.5.B and 3.5.2.A.2. 3. TMS # 137-05-09-013, 109 Old Postern Road, zoned PUD – Planned Development District, owned by Robert and Sandra Callahan – variance request to reduce the required side setback for an accessory structure from 10 feet to 2 feet. Ordinance Section 2.10. IV. MISCELLANEOUS: 1. Election of Officers V. ADJOURN Posted January 7, 2020  Board of Zoning Appeals Tuesday, November 12, 2019 Summerville Municipal Complex –Annex Building Training Room Members Present: Staff Present: Denis Tsukalas, Chairman Tim Macholl, Zoning Administrator Elise Richardson, Vice Chairman Don Nye Lionel Lawson Scott Riddell - Absent Items on the agenda: OLD BUSINESS: 1. None NEW BUSINESS: 1. TMS # 137-14-09-001, 108 E. Richland Street, zoned GR-5 – General Residential, owned by Brenda Jacobs and Richard Herold – variance request to increase the permitted accessory structure height from 20 feet to 24.25 feet and increase the permitted accessory structure square footage from no more than 50% of the principal structure to 88% of the principal structure, and to allow an accessory structure to be constructed in the front yard. Ordinance Sections 2.7.5.B; 3.5.2.A.2; and 3.5.2.A.1 2. TMS # 144-10-05-007, 1312 Boone Hill Road, zoned G-B General Business, owned by Boone West Apartments LLC. – variance request to decrease the required rear buffer from 30 feet to 4.58 feet. Ordinance Section 8.6.1.A. 3. TMS # 137-06-09-002, 206 Central Avenue, zoned GR-5 General Residential, owned by St. Luke’s Lutheran Church – variance request to increase the permitted accessory structure height from 20 feet to 46 feet, and to increase the permitted lot coverage limit from 35% to 56.8%. Ordinance Sections 2.7.5.B and 2.7.2.C. MISCELLANEOUS: 1. None The meeting was called to order at 5:00 PM by Mr. Denis Tsukalas. Mr. Tsukalas asked for any comments or edits for the minutes from the October 15, 2019 meeting minutes. A motion was made by Mr. Nye to approve the minutes as presented. The motion was seconded by Mr. Lawson. The motion passed 4-0. OLD BUSINESS 1. None NEW BUSINESS 1. 108 E. Richland Street – The first item under New Business TMS # 137-14-09-001, 108 E. Richland Street, zoned GR-5 – General Residential, owned by Brenda Jacobs and Richard Herold – variance request to increase the permitted accessory structure height from 20 feet to 24.25 feet and increase the permitted accessory structure square footage from no more than 50% of the principal structure to 88% of the principal structure, and to allow an accessory structure to be constructed in the front yard. Ordinance Sections 2.7.5.B; 3.5.2.A.2; and 3.5.2.A.1. Mr. Macholl explained that this variance was brought to staff at the time of application for a building permit. Ms. Brenda Jacobs came to the table to discuss the variance request. She explained that they want to build the garage on the existing slab adjacent to the house. The intent is to preserve the oak trees in the front yard. This is part of a job to increase the living and storage space on the property. The existing home was set far back from the street and this forced the placement of the garage forward of the house. Mr. Tsukalas asked if there would be a bathroom in the living space above the garage. Ms. Jacobs confirmed that there would be. Mr. Nye made a motion to approve as presented. The motion was seconded by Mr. Lawson. The motion passed 4-0. 2. 1312 Boone Hill Road – The Second item under New Business TMS # 144-10-05-007, 1312 Boone Hill Road, zoned G-B General Business, owned by Boone West Apartments LLC. – variance request to decrease the required rear buffer from 30 feet to 4.58 feet. Ordinance Section 8.6.1.A. Mr. Macholl explained the request to the board, and that the project would next have to go to the Commercial Design Review Board for review and approval, but could not move forward without the variance. Mr. Mike Taylor of Taylor Coastal Construction came to the table to discuss the variance request. Mr. Taylor explained that this is a little bit of a strange lot at the corner. It is very small and previously had apartments on the property. He explained that there is a 24 X 91 foot slab on the property, that is larger than what he intends to construct on the property. Being constrained by the existing 8-9 parking spaces on the property. He had not yet spoken to the adjacent property owner but he would be willing to rebuild the existing dilapidated fence along the property line to provide adequate screening from the office use that he intends to build on the property. Mr. Taylor expressed a desire to build a something nice on the corner that would be a benefit to the area. He explained that he believed that without the variance that the property would continue to remain vacant. Mr. Nye made a motion to approve as presented. The motion was seconded by Ms. Richardson. The motion passed unanimously 4-0. 3. 206 Central Avenue – The Third item under New Business TMS # 137-06-09-002, 206 Central Avenue, zoned GR-5 General Residential, owned by St. Luke’s Lutheran Church – variance request to increase the permitted accessory structure height from 20 feet to 46 feet, and to increase the permitted lot coverage limit from 35% to 56.8%. Ordinance Sections 2.7.5.B and 2.7.2.C. Mr. Macholl explained the request. Mr. Hank D’Antonio came to the table to discuss the requested variances. Mr. D’Antonio explained that the church has been working towards this project for a while, and that previous plans have taken the project over the maximum lot coverage. This is a consolidation of a couple plans to replace the aging offices and fellowship hall that is dealing with some mold and mildew issues, while bringing a multipurpose building for the campus. He went through the progression of the lot coverage as provided in the packet. He explained that in 1987 there was no parking on site and the lot coverage was under the 35%. In 1991 on-site parking was added as well as the education building and that addition took the property over 50% coverage. The proposal would take the property from 51% to 56.8% lot coverage. The proposed building will need to be bigger than an average residential accessor structure because it is a Church use building. The intent is to match the height of the education building, mimic the roof lines and eave line of the other buildings on the campus. Mr. Tsukalas asked if there would eb a second floor. Mr. D’Antonio confirmed there would be a second floor and that the kitchen would be moving. Mr. Lawson made a motion to approve as presented. The motion was seconded by Mr. Nye. The motion passed unanimously 4-0. MISCELLANEOUS: None ADJOURN: There being no further business, the meeting was adjourned at 5:23 PM on a motion by Mr. Nye and a second by Mr. Riddell. The motion passed unanimously 4-0 Respectfully Submitted, Date: ________________ Tim Macholl Zoning Administrator Approved: Denis Tsukalas, Chairman _____________________________________; or, Elise Richardson, Vice Chairman ______________________________________ 2  VARIANCE REQUEST TMS#136-16-10-023 708 Simmons Avenue, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS January 14, 2020 Request: Variance request to allow 24.375 foot accessory building height Property Zoning: GR-2 General Residential Surrounding Zoning: North: GR-2 General Residential South: GR-2 General Residential East: GR-2 General Residential West: GR-2 General Residential Ordinance requires: Ordinance Section 2.7.5.B - Maximum Building Height: 20 feet for accessory structure Response: In order for a variance to be issued by the Board of Zoning Appeals, an applicant is required to show that all four of the conditions listed below have been met and an unnecessary hardship must be shown. (b) Variances. The board has the power to hear and decide requests for variances when strict application of this chapter's provisions would cause an unnecessary hardship. (1) The following standards must apply for finding an unnecessary hardship: a. Extraordinary conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property, which could exist due to topography, street widening or other conditions which make it difficult or impossible to make an economically feasible use of the property. b. Other property. Extraordinary conditions generally do not apply to other property in the vicinity. c. Utilization. Because of these extraordinary conditions, the application of this chapter's provisions to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. d. Detriment. The authorization of a variance will not be of substantial detriment to adjacent property or the public good, and the character of the district will not be harmed by granting of the variance. Background: The applicant approached staff concerning the need for the height variance. The Owner of the property is requesting to build a two story accessory structure on the Blossom Way side where the existing driveway is located. The height of the proposed garage exceeds the permitted 20 foot maximum height for an accessory structure. The applicant’s request does not meet all four criteria for the approval of a variance.  VARIANCE REQUEST TMS#153-01-05-028 105 Tiffany Lane, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS January 14, 2020 Request: Variance request to allow 24 foot accessory building height and increase the permitted square footage of an accessory structure to 71% of the dwelling. Property Zoning: GR-5 General Residential Surrounding Zoning: North: GR-5 General Residential South: GR-5 General Residential East: GR-5 General Residential West: GR-5 General Residential Ordinance requires: Ordinance Section 2.7.5.B - Maximum Building Height: 20 feet for accessory structure; Section 3.5.2.A.2 50% of the footprint of the dwelling Response: In order for a variance to be issued by the Board of Zoning Appeals, an applicant is required to show that all four of the conditions listed below have been met and an unnecessary hardship must be shown. (b) Variances. The board has the power to hear and decide requests for variances when strict application of this chapter's provisions would cause an unnecessary hardship. (1) The following standards must apply for finding an unnecessary hardship: a. Extraordinary conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property, which could exist due to topography, street widening or other conditions which make it difficult or impossible to make an economically feasible use of the property. b. Other property. Extraordinary conditions generally do not apply to other property in the vicinity. c. Utilization. Because of these extraordinary conditions, the application of this chapter's provisions to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. d. Detriment. The authorization of a variance will not be of substantial detriment to adjacent property or the public good, and the character of the district will not be harmed by granting of the variance. Background: The applicant was notified by staff concerning the need for the size variance. The height variance was determined during review of the application. The Owner of the property is requesting to build a large 30’ X 40’ garage for the storage of his hobby vehicles. The applicant’s request does not meet all four criteria for the approval of a variance.  VARIANCE REQUEST TMS#137-05-09-013 109 Old Postern Road, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS January 14, 2020 Request: Variance request to reduce the required side yard setback to two (2) feet. Property Zoning: PUD Planned Development District Surrounding Zoning: North: PUD Planned Development District South: PUD Planned Development District East: PUD Planned Development District West: GR-2 General Residential Ordinance requires: Ordinance Section 2.10 Planned Development Districts 10 foot side setback. Response: In order for a variance to be issued by the Board of Zoning Appeals, an applicant is required to show that all four of the conditions listed below have been met and an unnecessary hardship must be shown. (b) Variances. The board has the power to hear and decide requests for variances when strict application of this chapter's provisions would cause an unnecessary hardship. (1) The following standards must apply for finding an unnecessary hardship: a. Extraordinary conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property, which could exist due to topography, street widening or other conditions which make it difficult or impossible to make an economically feasible use of the property. b. Other property. Extraordinary conditions generally do not apply to other property in the vicinity. c. Utilization. Because of these extraordinary conditions, the application of this chapter's provisions to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. d. Detriment. The authorization of a variance will not be of substantial detriment to adjacent property or the public good, and the character of the district will not be harmed by granting of the variance. Background: The applicant was notified by staff concerning the need for the setback variance after an anonymous complaint about work without a permit. The setback variance was determined at the time of application for the permit to construct the gazebo. The applicant’s request appears to meet all four criteria for the approval of a variance.