Board of Zoning Appeals

TOWN OF SUMMERVILLE BOARD OF ZONING APPEALS AGENDA March 14, 2023 5:00 PM Town Hall (annex) – Council Chambers 200 S. Main Street I. Approval of minutes from February 14, 2023 II. OLD BUSINESS: 1. None III. NEW BUSINESS: 1. TMS # 153-05-00-027, 111 Jedi Lane, zoned N-R Neighborhood Residential, owned by Hunter Quinn Homes LLC – Variance request to waive the compensatory storage requirement for the construction of four single family attached infill units. Ordinance Section 22-32(k)(9) (District 5) IV. MISCELLANEOUS: 1. None V. ADJOURN Posted March 8, 2023  Board of Zoning Appeals Tuesday, February 14, 2023 Council Chambers – 3rd Floor Summerville Town Hall Members Present: Staff Present: Denis Tsukalas, Chairman Tim Macholl, Zoning Administrator Don Nye, Vice Chairman Lionel Lawson - ABSENT John Thurmes John Witherspoon Items on the agenda: MINUTES: 1. Approval of minutes from January 10, 2023 OLD BUSINESS: 1. None NEW BUSINESS: 1. TMS # 137-09-02-009, 456 Waring Street, zoned GR-5 General Residential, owned by Richard Waring III – Variance request to reduce the required side setback from 10 feet to six feet for the primary structure, and reduce the required setback from five feet to one foot for the driveway. Ordinance Section 2.7.3 C and Section 7.7.3 B (District 1) MISCELLANEOUS: 1. Election of Officers 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 January 10, 2023 Minutes. The motion was seconded by Mr. Thurmes. The motion was approved 4-0. OLD BUSINESS 1. None NEW BUSINESS 1. 456 Waring Street – TMS # 137-09-02-009, 456 Waring Street, zoned GR-5 General Residential, owned by Richard Waring III – Variance request to reduce the required side setback from 10 feet to six feet for the primary structure, and reduce the required setback from five feet to one foot for the driveway. Ordinance Section 2.7.3 C and Section 7.7.3 B. Mr. Macholl read the staff report and introduced the application to the Board. The Chairman asked if there were any comments. Mr. Keith Jarvis of 458 Waring Street came to the podium and expressed a concern for the proposed variance. He pointed out that this is a self-inflicted hardship, based on the choice of a house that is too wide for the lot. He pointed out that the driveway would only one foot from the property line, on the side of the lot that faces his bedrooms. The garage would be a point of activity and noise which could intrude is the bedrooms on that side of his house. He also raised a concern for drainage issues. The ditch is currently filled and putting in a new pipe and driveway that close to his property line would push more water up into his front lawn. Mr. Nye Agreed that drainage could be an issue with the driveway being that close to the property line. The Board discussed the possibility of flipping the floor plan to face the garage toward the open space. The Board also discussed the larger drainage issue for the overall area, and the extent of new development occurring. Mr. Ny asked the applicant if they had or would consider flipping the house plan to face the garage toward the open space. Ms. Waring stated that it had been considered and that it may be possible. Mr. Thurmes asked Mr. Jarvis if flipping the floor plan would be an acceptable condition. Mr. Jarvis pointed out that the activity center of the home would be farther away from his bedroom, but the development of the lot would still create drainage issues. Hearing no further discussion, the Chairman called for a motion. Mr. Nye made a motion to Approve with the condition that the house plan be flipped and that the driveway and garage be on the other side of the property, and that the applicant should look at addressing the drainage concern. Mr. Thurmes seconded the motion. The Chairman called for any additional discussion. Mr. Tsukalas pointed out that he felt that the house plan was much too wide for the lot. The Board agreed that the house plan choice was what was creating the need for the variance. Hearing no further discussion, the Chairman called for the vote. The motion to Approve failed to pass 1-3, with Mr. Tsukalas, Mr. Thurmes and Mr. Witherspoon voting against. MISCELLANEOUS: 1. Election of Officers - Mr. Macholl pointed out that the Board is required to appoint new officers every year. He said that Mr. Tsukalas is the Chairman and Mr. Nye is the Vice Chairman. The Board can nominate separately individuals to different positions or they could make a motion to maintain the existing officers. Mr. Witherspoon made a motion to keep the current Chairman and Vice Chairman. The motion was seconded by Mr. Nye. Hearing no further discussion, the Chairman called for the vote. The motion passed 4-0. Mr. Tsukalas asked about the number of members on the Board. Mr. Macholl explained that it is set be Council and Ordinance, and that expanding the Board would require Town Council approval. The Board discussed the issues concerning a five-member Board and asked Mr. Macholl to inquire about the possibility of increasing the number of members on the Board of Zoning Appeals to seven. Mr. Macholl said he would check into it. ADJOURN: There being no further business, the meeting was adjourned at 5:29 PM by the Chairman. Respectfully Submitted, Date: ________________ Tim Macholl Zoning Administrator Approved: Denis Tsukalas, Chairman _____________________________________; or, Don Nye, Vice Chairman ______________________________________ 2  VARIANCE REQUEST TMS #153-05-00-027 111 Jedi Lane, Summerville, SC STAFF REPORT BOARD OF ZONING APPEALS March 14, 2023 Request: Variance request to waive the compensatory storage requirement for the construction of four single-family attached infill units. Property Zoning: N-R Neighborhood Residential Surrounding Zoning: North: N-R Neighborhood Residential South: N-R Neighborhood Residential East: N-R Neighborhood Residential West: N-R Neighborhood Residential Ordinance requires: Ordinance Section 22-32(k)(9) – Compensatory Storage 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 variance was identified after submittal for permits. The Stormwater Control section of the Town’s ordinance requires Compensatory Storage for any fill within a flood zone. The Dorchester County flood map in the packet, shows that the entire property and neighborhood is within the Flood Zone. Fill is required to raise the finish floor two feet above the base flood elevation. This requires that Compensatory Storage for the same volume of fill be provided on site. Staff feels that the applicant does meet all four criteria, and that a hardship is present. a. Extraordinary conditions do exist on the property. The entire property is located within the flood zone and any amount of fill would require this type of storage, if it were a single family, or this four-unit townhouse, fill and storage would be required, and the lot is not large enough to accommodate both. b. Other property in the area do have similar lot shapes and sizes. These lots though are already developed and all lots would need to go through the same process if they were to redevelop. c. Utilization of the property could be eliminated with the application of this requirement. It would result in a completely unbuildable lot if the storage were provided. d. Detriment to other properties is difficult to establish. All the adjacent properties are located within the established flood zone, and have been in this situation without storage since they were developed. The lack of compensatory storage throughout the entire neighborhood is more detrimental to the existing properties than the lack of storage on this single lot.  Rd L any dge 111 Jedi Lane C-y nLocation Map Tif f H e b er R d Bri th ia ons Ln Bac Sh en Le a eS t Dr nda Ln Wa any Ln d Tif f er R t hia Heb Cyn Heb er R d d eR dg Bri Heb er R ns d co Ba t Ba rr ingt o n C 165 i Ln Jed M a gw oo d Dr rch est er C re e k Do Dorc hest er C reek Je a n e tte Dr ek re rC Wa te rds es Ln Fost er ch St or D Mer Conch Dr St 1:4,514 3/7/2023, n t on 3:00:16 PM kel i 0 0.03 0.06 0.12 mi Sw Dr Summerville Addresses 0 0.05 0.1 0.2 km Summerville Parcels Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Maxar Town of Summerville Maxar | Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,  L er R t hia 111 Jedi Lane - Zoning Cyn Heb Heb er R d Heb er R d Lan gle yD r i Ln Jed r yD gle Lan M ag w oo d Dr D o rc h e k ste r ree Cre e rC ek t h es rc Do Dorc hest er C reek 1:2,257 3/7/2023, 1:56:33 PM 0 0.01 0.03 0.06 mi Zoning Districts MH-R 0 0.03 0.05 0.1 km G-B N-R GR-5 PL Maxar, Microsoft, Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, MF-R Summerville Addresses SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Town of Summerville Maxar, Microsoft | Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA,  Rd onne a u C d B t eR Rd er b He t Bar ringt o n C i Ln Jed M ag w oo d Dr Dorc hest er C reek Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Dorchester GIS - DLG DocuSign Envelope ID: 6DC6DEA8-ED1D-4C19-ABD8-43207E5F8DBA February 17th, 2023 To whom it may concern, As Hunter Quinn Homes is the owner of 111 Jedi Lane with the TMS number of 153-05-00-027, I authorize Southern Heart Realty and their representatives to submit for and obtain zoning approvals, variances, and permits related to this property for the purpose of new home residential construction. Sincerely, Chris Counts HomeSights Division President Hunter Quinn Homes, LLC DocuSign Envelope ID: 140FCDD7-EBA3-4AD8-B9C8-72B319534C27 February 17th, 2023 To whom it may concern, This letter is to request approval for a waiver of the compensatory storage requirement for fill in the Town’s ordinance. We believe we meet the four criteria for receiving a variance for this requirement. After consulting with Town staff, we have the support of the engineering department in applying for this exemption. Upon review, we hope to gain your support as well. There are extraordinary and exceptional conditions pertaining to this parcel which make it difficult or impossible to meet this requirement. The largest factor affecting our ability to accomplish compensatory fill is the size of the lot. This lot is about a quarter acre in size. With the building, parking, utility and stormwater improvements on site, we do not have any room to add stormwater storage to the site. Upon consulting with our engineers (Bowman Consulting) as well as Town engineering staff, everyone has agreed that the size of the site is prohibitive to the type of stormwater storage that would be appropriately required of larger development sites. Extraordinary conditions generally do not apply to other property in the vicinity. The neighboring parcels are mostly developed with duplexes, triplexes, and quadruplexes, though a few vacant parcels still exist in this neighborhood where mobile previously sat. This area is an older development, and our project came to fruition as a result of an unlivable mobile home being removed from the property by the previous owner. Because of the small size of this property, the application of this chapter's provisions would effectively prohibit the utilization of the property. If we were required to meet the compensatory storage requirements, it would render the project impossible to build. There is not enough room on site to fulfill that requirement; therefore, we would not be able to build on it. The authorization of a variance will not result in any detriment to adjacent property or the public good, and the character of the district will not be harmed by granting of the variance. On the contrary, the authorization of this variance will result in the improvement of the neighborhood by adding new, safe housing. We appreciate your consideration and look forward to meeting with you. Sincerely, Sharee Mason Owner Southern Heart Realty, LLC