Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA November 9, 2021 5:00 PM Town Hall (annex) – Council Chambers 200 S. Main Street I. Approval of minutes from September 14, 2021 (For below item, signs posted on property October 25, 2021 and ad on October 24, 2021 in Post & Courier) II. OLD BUSINESS: 1. None III. NEW BUSINESS: 1. TMS # 145-07-03-074, 213 Towhee Drive, zoned GR-5 – General Residential, owned by Loucious Hires Jr. – Variance request to increase the Maximum Lot Coverage from 35% to 42% for the construction of a detached garage. Ordinance Section 2.7.2.C. IV. MISCELLANEOUS: 1. None V. ADJOURN Posted November 2, 2021  Board of Zoning Appeals Tuesday, September 14, 2021 Council Chambers – 3rd Floor Summerville Town Hall Members Present: Denis Tsukalas, Chairman Staff Present: Don Nye, Vice Chairman Tim Macholl, Zoning Administrator Lionel Lawson Items on the agenda: MINUTES: Approval of minutes from August 10, 2021 and August 31, 2021 OLD BUSINESS: 1. TMS # 137-14-04-022, 105 Hansberry Lane, zoned GR-2 – General Residential, owned by Heath and Kendall Runion – Variance request to reduce the required side setback from 15 feet to 10.4 feet for the construction of a new single family house. Ordinance Section 2.7.3.C. NEW BUSINESS: 1. TMS # 137-13-04-073, 246 Marion Avenue, zoned GR-2 – General Residential, owned by Pankaj & Pratibha Patel – Variance request to reduce the required rear setback from 25 feet to 18.5 feet for a sunroom addition and allow a rear deck to project into the rear setback an additional 5 feet. Ordinance Section 2.7.3.D and 2.3.6.B. 2. TMS # 137-09-02-104, 104 Classic Street, zoned GR-5 – General Residential, owned by Matthew and Amanda Martin – Variance request to increase the permitted maximum lot coverage from 35% to 37.5%. Ordinance Section 2.7.2.C. 3. TMS # 145-07-06-004, 106 Arbor Road, zoned GR-5 – General Residential, owned by Robert & Diane Webster – Variance request to reduce the rear setback for and accessory structure from 5 feet to 2 feet, and reduce the side setback for an accessory structure from 10 feet to 5 feet, for the construction of a new detached garage. Ordinance Section 2.7.4.C and 2.7.4.B. 4. TMS # 154-10-22-027, 97 Creek Bend Drive, zoned PUD Planned Development District, owned by Guillermo & Luisa Kuwae – Variance request to increase the permitted maximum lot coverage from 35% to 45% for the construction of a gazebo. Ordinance Section 2.10 MISCELLANEOUS: 1. None The meeting was called to order at 5:00 PM by the Chairman. The Chairman asked for consideration of the minutes in the packet, hearing no corrections or edits he called for a motion. Mr. Nye made a motion to approve the August 10, 2021 Minutes. The motion was seconded by Mr. Witherspoon. The motion was approved 5-0. Mr. Nye made a motion to approve the August 31, 2021 minutes. The motion was seconded by Mr. Lawson. The motion was approved 5-0. OLD BUSINESS 1. 105 Hansberry – The first item under Old Business was a Variance application at 105 Hansberry Lane, zoned GR-2 – General Residential, owned by Heath and Kendall Runion – Variance request to reduce the required side setback from 15 feet to 10.4 feet for the construction of a new single family house. Ordinance Section 2.7.3.C. Mr. Macholl introduced the application and explained the revisions provided by the applicant. Mr. Heath Runion presented his project to the Board and explained that though his property is zoned GR-2 it does not meet the minimum lot size requirements for that district. If the property were zoned GR-5, the proposed new home would meet the required setbacks and would not need a variance. Mr. Thurmes asked if Mr. Runion felt that the property was zoned wrong. Mr. Runion said yes. Mr. Lawson asked if the neighbors preferred an overgrown lot over a new single family home that will enhance the neighborhood. Mr. Tsukalas asked if the proposed house will line up with the existing homes on the street. Mr. Runion said that the garage would face the Campeau residence, and the other side would face the Beauchene residence. Mr. Nye made a motion for Approval. The motion was seconded by Mr. Lawson. The Chairman asked if there was any further discussion. Mr. Thurmes said that he did not feel that the request met the requirements for a variance. He felt that the property may have the wrong zoning. Because having the wrong zoning is negatively impacting the plan for the property he would vote to approve this request. Hearing no further discussion the Chairman called for the vote. The motion was approved unanimously 5-0. NEW BUSINESS 1. 246 Marion – The first item under New Business TMS # 137-13-04-073, 246 Marion Avenue, zoned GR-2 – General Residential, owned by Pankaj & Pratibha Patel – Variance request to reduce the required rear setback from 25 feet to 18.5 feet for a sunroom addition and allow a rear deck to project into the rear setback an additional 5 feet. Ordinance Section 2.7.3.D and 2.3.6.B. Mr. Macholl introduced the requested variance, and presented the staff report. The Chairman asked if there were any comments or questions. Hearing none he called for a motion. Mr. Nye made a motion to approve the variances as requested. The motion was seconded by Mr. Thurmes. Hearing no further discussion the Chairman called for the vote. The motion passed 5-0. 2. 104 Classic Street – The second item under New Business, TMS # 137-09-02-104, 104 Classic Street, zoned GR-5 – General Residential, owned by Matthew and Amanda Martin – Variance request to increase the permitted maximum lot coverage from 35% to 37.5%. Ordinance Section 2.7.2.C. Mr. Macholl described the request and read the Staff report. He explained that this Board had approved a variance for the construction of the structure and its placement previously and that unfortunately staff had missed the need for the lot coverage variance at the time of the prior application. Mr. Matthew Martin came to the podium to discuss the request. He corrected the measurements of the pad being 10X16 and that the actual coverage would be just under 37% not 37.5%. Mr. Nye made a motion to approve the variances as requested. The motion was seconded by Mr. Lawson. The Chairman asked for any further discussion. Mr. Thurmes stated he was going to vote against this because lot coverage issues are a major issue in the Town. Hearing no further discussion the Chairman called for the vote. The motion passed 4-1 with Mr. Thurmes voting against. 3. 106 Arbor Road – The third item under New Business, TMS # 145-07-06-004, 106 Arbor Road, zoned GR-5 – General Residential, owned by Robert & Diane Webster – Variance request to reduce the rear setback for and accessory structure from 5 feet to 2 feet, and reduce the side setback for an accessory structure from 10 feet to 5 feet, for the construction of a new detached garage. Ordinance Section 2.7.4.C and 2.7.4.B. Mr. Macholl introduced the project and read Staff’s comments into the record. Mr. Robert Webster came to the podium to present his request. He explained that the tree was the biggest reason why the proposed garage is where it is located, he did not want to remove the tree. Mr. Thurmes asked how big the garage is. Mr. Webster responded that it is proposed to be 24X30. Mr. Witherspoon asked if a garage was already on the property. Mr. Webster confirmed yes, but this proposed garage was intended for storage. Mr. Tsukalas called for a motion. Mr. Thurmes made a motion to Approve. The Motion was seconded by Mr. Nye. The Chairman asked for further discussion. Mr. Witherspoon pointed out that the request did not meet all four criteria to be granted a variance. The garage could be made smaller to meet the required setbacks and save the tree. Mr. Thurmes said that the Board is bound by the rules and that the applicant needs to make their case for a variance. Mr. Nye suggested removing the tree. The Chairman called for the vote. The motion to Approve failed to pass 2-3, with Mr. Thurmes, Mr. Witherspoon, and Mr. Nye voting against Approval. 4. 97 Creek Bend Drive – The fourth item under New Business was TMS # 154-10-22-027, 97 Creek Bend Drive, zoned PUD Planned Development District, owned by Guillermo & Luisa Kuwae – Variance request to increase the permitted maximum lot coverage from 35% to 45% for the construction of a gazebo. Ordinance Section 2.10. Mr. Macholl introduced the project and read the Staff Report. Mr. Guillermo Kuwae came to the podium to discuss his request. He explained that they had started building without a permit, and was unaware of the requirements. Once he was contacted he did come in to get the required permits for the work. He explained that he and friends had completed most of the work. He said that he had not calculated coverage properly and that he was hoping to keep the requested overage at 3%. Mr. Thurmes asked if all of the work was complete. Mr. Kuwae confirmed it was. Mr. Witherspoon asked what type of foundation the gazebo was on. Mr. Kuwae explained it was built on a deck. The old 2 gazebo had been damaged by the weather, he also pointed out that the old shed had been removed from the property. Mr. Macholl confirmed that the shed had been removed. Mr. Tsukalas called for a motion. Mr. Nye made a motion to Approve. The motion was seconded by Mr. Lawson. Hearing no further discussion the Chairman called for the vote. The motion to Approve passed 3-2, with Mr. Thurmes and Mr. Witherspoon voting against. MISCELLANEOUS: 1. None ADJOURN: There being no further business, the meeting was adjourned at 5:50 PM on a motion by Mr. Nye and a second by Mr. Witherspoon. The motion passed unanimously 5-0. Respectfully Submitted, Date: ________________ Tim Macholl Zoning Administrator Approved: Denis Tsukalas, Chairman _____________________________________; or, Don Nye, Vice Chairman ______________________________________ 3  VARIANCE REQUEST TMS #145-07-03-074 213 Towhee Drive, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS November 9, 2021 Request: Variance request to increase the permitted maximum lot coverage from 35% to 42% for the addition of a rear detached garage. Property Zoning: GR-5 General Residential Surrounding Zoning: North: Out Dorchester County South: GR-5 General Residential East: GR-5 General Residential West: GR-5 General Residential Ordinance requires: Ordinance Section 2.7.2.C Lot coverage 35% 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 need for a lot coverage variance was determined at the time of application for building permit. Staff feels that the applicant does not meet all four criteria, and that a hardship is not present. a. Extraordinary conditions do not exist on the property. This is a lot that is similar in shape and size as others within the subdivision. b. Other property in the area do have similar lot shapes and sizes, with similarly sized homes on the properties. c. Utilization of the property is reduced but not eliminated due to lot coverage. Unfortunately no detached structure contributing to lot coverage would be able to be added without a variance. d. Detriment could be caused to other properties by the issuance of this variance on this property. By permitting lot coverage variances the Town will be contributing to the worsening of a lot coverage issue. Lot coverage contributes to the increase of runoff from properties and the speed at which that water runs off. This exacerbates the flooding issues that are existing throughout the area. Though there may not be “flooding issues” on this property, by continuing to approve lot coverage increases it affects the overall area.  Town of Summerville Information Lookup  Location Information  213 TOWHEE DR   This property is in the Town of Summerville (Dorchester County) + Address 213 TOWHEE DR − Business (if applicable) TMS 145-07-03-074.000 First Owner HIRES LOUCIOUS JR Second Owner Mapped Area 0.21 Subdivision OAK KNOLL Zoning GR-5 Classification Zoning Description General Residential (medium density) Date Annexed 4/12/1988 Annexation Ordinance Council District 3 Representative Walter Bailey Basemap Maxar, Microsoft  Town of Summerville Information Lookup  Location Information  213 TOWHEE DR   This property is in the Town of Summerville (Dorchester County) + Address 213 TOWHEE DR − Business (if applicable) TMS 145-07-03-074.000 First Owner HIRES LOUCIOUS JR Second Owner Mapped Area 0.21 Subdivision OAK KNOLL Zoning GR-5 Classification Zoning Description General Residential (medium density) Date Annexed 4/12/1988 Annexation Ordinance Council District 3 Representative Walter Bailey Basemap Maxar  213 Towhee Dr Image capture: Feb 2015 © 2021 Google Summerville, South Carolina Google Street View - Feb 2015 213 Towhee Dr Map data ©2021 , Map data ©2021 20 ft