horrx~~d7 · 2021. 2. 4. · mike fowler, vice chairman mark gouhin william livingston robert page...

Horrx~~D7 Committed to Excellence

HORRY COUNTY ZONING BOARD OF APPEALS

Members Marion Shaw, Chairman Mike Fowler, Vice Chairman Mark Gouhin William Livingston Robert Page Drew Parks John Brown James Marshall Biddle Kirk Truslow

Meeting Dates January 11, 2021

February 8, 2021 March 8, 2021 April 12, 2021 May 10, 2021 June 14, 2021 July 12, 2021

August 9, 2021 September 13, 2021

October 11, 2021 November 8, 2021 December 13, 2021

Staff Pam Thompkins, Zoning Administrator David Schwerd, Director of Planning John Danford, Deputy Director Charles Suggs, Principal Planner Stevie Brown, Chief Zoning Inspector David Gilreath, Asst. County Admin. David Jordan, Deputy County Attorney Marnie Leonard, Planning Zoning Tech

~ A ~ _,.

Horry:Q~~fy Committed to Excellence

HORRY COUNTY ZONING BOARD OF APPEALS Virtual Meeting

February 8 1\ 2021

I. Call to Order - 5:30 p.m.

Il. Invocation/Pledge of Allegiance

ID. Communications

IV. Minutes

January 111h, 2021 - Regular Meeting Minutes .. ........ .... ... ... ............ .... ... .. ....... .. .. .. ... .. ..... .

V. Old Business

Reconsideration 1. 2020-11-009 - Venture Engineering, Inc agent for BDHP, LLC Hunter Brown ....... .. .

Located off Ole Woodward Avenue, Conway (Council Member Vaught)

VI. New Business

Variances

2. 2021-01-001 by Venture Engineering, agent for Dock L. Hardee ....... ... .. ... ................... .... ... . 2780 Hwy 378, Conway (Council Member Bellamy)

3. 2021-01-002 by Keith Harrold, agent for Melinda & Paul Sequin ........ .... ...... .... .... .... ........ . . 48 14 Will iams Island Drive, Little River (Council Member Prince)

4. 2021-01-003 by Ricky Martin .... . ........................... .... ... .. .......... .. ....... ... ...... ..... .... .... ... .. ..... ... .... . 4762 Peachtree Road, Myrtle Beach (Council Member Crawford)

VIl. Adjourn

Communications

~========~®·

Minutes

STATE OF SOUTH CAROLINA ) HORRY COUNTY ZONING BOARD OF APPEALS )

COUNTY OF HORRY ) MINUTES - January 11 , 2021

The Horry County Zoning Board of Appeals held its scheduled meeting on Monday, January 11 , 2021 at 5:30 p.m. in the Horry County Government Center, Multi-purpose Room B, located at 1301 Second Avenue in Conway, South Carolina.

Board Members present: Kirk Truslow, Drew Parks, Mark Gouhin, Mike Fowler, Marion Shaw, William Livingston, Bobby Page, John Brown, and J. Marshall Biddle.

Board Members Absent: All Present

Staff present: Pam Thompkins, Marnie Leonard, Tom Dobrydney, David Jordan, Jordan Todd, Yasmine Gore, and Susi Miller.

In accordance with the SCFOIA, notices of the meeting were sent to the press (and other interested persons and organizations requesting notification) providing the agenda, date, time and place of the meeting.

Chairman Marion Shaw called the meeting to order at 5:30 p.m. There was a valid quorum for voting purposes. Drew Parks delivered the invocation and J. Marshall Biddle led in the Pledge of Allegiance.

Chairman Marion Shaw swore in staff.

COMMUNICATIONS

Kirk Truslow made a motion to reconsider case 2020-11-009 at the February 81'\ 2021 ZBA

meeting. Robert Page seconded. The motion carried with a 7:2 vote, Chairman Marion Shaw and J. Marshall Biddle voting against. The consideration/or case 2020-11-009 was approved.

REGULAR MEETING MINUTES - December 14, 2020

Chairman Marion Shaw asked if there were any additions, deletions or changes to the minutes. J. Marshall Biddle made a motion to accept the minutes as written. William Livingston seconded. The motion carried unanimously. The minutes/or December 14, 2020 were approved.

OLD BUSINESS

The first case number was 2020-11-014 Kyle Hoyt, agent for Hardee Real Estate Management, LLC. Pam Thompkins presented the case to the Board. PIN# 313-13-02-0006

identified the parcel located at 446 Hwy 90, Little River. The applicants requested a variance from Article VII, Section 723.7 (G) (3) b, 723.7 (G) (3) c 1, 723.7 (G) (2) c 1 and Article XI, Section 1102 (A) regarding parking, separation and landscape requirements of the Little River overlay zoning district. The applicants were proposing to construct a Caliber Collision Repair and Paint shop on this site. The parcel was located within the Little River overlay. The applicants were requesting the following variances. The applicants were proposing to construct a Caliber Collision Repair and Paint shop on this site. The parcel was located within the Little River overlay. The applicants requested the following variances. 1) A 15' perimeter landscape buffer was required; the applicants would provide a 5' buffer on the rear section abutting PIN 313-13-02-0008 (Bellamy) for a variance of 10'. 2) Nonresidential uses that exceed 25,000 sq. ft. of building area were required to have a minimum of 50' separation from residentially zoned property. The building was located 44.5' from the residential property to the rear for a variance of 5.5'. 3) The applicants proposed to use parking in the rear for stacking of vehicles. A 22' drive aisle width was required for 90 degree parking, they were providing a 0' drive aisle width for a variance of 22'. 4) The applicants requested a variance on thirty seven (37) landscape shrubs required along the foundation of the building. 5) The parking area on the right side of the building had 15 continuous parking spaces with no parking island, they were allowed to have 10 for a variance of 5 parking spaces. (Please refer to the January 11, 2021 packet for further information.)

Chairman Marion Shaw swore in Kyle Hoyt who asked if Brent Florrie could present the case to the Board.

Chairman Marion Shaw swore in Brent Florrie who was the architect on record for Hardee Real Estate Management, LLC. Mr. Florrie explained how the community would benefit from the company with its clean outer appearance and also from the technology the company would be providing.

Mr. Hoyt explained how the property came with many challenges and that' s why they were needing a variance. He also stated that the parking variance had changed from 15 to 19, making it 9 spaces that were needed for the parking variance.

Pam Thompkins noted that a correction to the variance is for the number of parking spaces in a continuous row (parking area on the right side) should show 19 parks instead of the allowed 10 for a variance of 9 spaces.

Drew Parks made a motion to grant the variance with the conditions as stated by staff. William Livingston seconded the motion. The motion carried unanimously. The variance was approved with conditions.

NEW BUSINESS

Variances

The second case number was 2020-12-002 MFG Construction, agent for Golf Colony Resort. Pam Thompkins presented the case to the Board. PIN# 313-07-03-0097 identified the parcel located at 1025 Plantation Drive, Little River. The applicant requested a variance from Article VII, Section 709 and Article VIII regarding setback requirements in the General Residential (GR) zoning district. This was a multi-family Building 29 located at Golf Colony Resort Ph. 9 which was constructed in 1990. The applicants were proposing to add roof structures over the existing rear balconies on this building. The Bridgewater PDD which abuts this parcel will be developed as an open space park area according to the Master Plan. The building is located 0.86' from the rear property line. The applicants were requesting to be O' from the rear property line instead of the required 20' for a variance of 20'. (Please refer to the January 11, 2021 packet for further information.)

The applicant Michael Fowler was present but chose not to speak on behalf of the case and there was no one in opposition. The Board moved forward and called for a vote on the case.

Drew Parks made a motion to grant the variance with the conditions as stated by staff. Kirk Truslow seconded the motion. The motion carried unanimously with Michael Fowler recusing himself from the case. The variance was approved with conditions.

Variances

The third case number was 2020-12-003 The Earthworks Group, agent for Executive Trade Centre, LLC. Pam Thompkins presented the case to the Board. PIN# 449-14-02-0001 identified the parcel located at 8390 Hwy 707, Myrtle Beach. The applicant requested a variance from Article VII, Section 723.5 (D) (1) c & e regarding the building material requirements in the Hwy 707 overlay district. This site was being used as a car sales location for Triple A Auto Sales. The parcel was located within the Hwy. 707 overlay and was rezoned February 4, 2014 under Ord #05-14 to High Bulk Retail (RE4) to allow car sales and service. The applicants were proposing to add four (4) mini warehouse buildings to this site. The overlay does not allow metal roof or siding materials. The applicants were requesting a variance to allow the mini warehouse buildings to use metal roof and siding materials on all sides except the two sides of the buildings that face the Hwy. 707 corridor. (Please refer to the January 11, 2021 packet for further information.)

Chairman Marion Shaw swore in Wade Kennard who explained the need for the variance, and stated the building finishes (metal roof & siding), would only be used on the sides of the building and would not be visible to the public.

Chairman Marion Shaw swore in Kevin Bird who stated that he was a neighbor to the existing business and when he purchased his home in 2004 the business was not there. He stated that the noise level was very distracting for him and his wife mostly in the evening. He also wanted to know the hours of operation for the storage facility. Mr. Kennard stated that he was not aware the hours of operation but would check into the noise level and try to correct it. Chairman Marion Shaw asked the applicant and Mr. Bird to work out any issues they have with the noise.

J. Marshall Biddle made a motion to grant the variance with the conditions as stated by staff. Drew Parks seconded the motion. The motion carried unanimously. The variance was approved with conditions.

The forth case number was 2020-12-004 Courtney Hucks, agent for Bobby Daryl Hucks. Pam Thompkins presented the case to the Board. PIN # 405-00-00-0044 identified the parcel located at 6076 Cypress Swamp Road, Conway. The applicants requested variances from Article VII, Section 706 and Article VIII regarding the setback requirements in the Residential (MSF 10) zoning district. This parcel was within the Turkey Ridge subdivision which was proposing a second phase of development. Phase 2 requires a 50' road to access the 22 new lots . The proposed location of the new road is between Lots 38 and 39 of Phase 1. The existing mobile home on Lot 38 is located 12.2' from the left corner side instead of the required 15' for a variance of 2.8'. (Please refer to the January 11, 2021 packet for further information.)

Chairman Marion Shaw swore in Daryl Hucks explained to the Board that he just wanted to be able to keep his house where it currently was.

J. Marshall Biddle made a motion to grant the variance with the conditions as stated by staff. John Brown seconded the motion. The motion carried unanimously. The variance was approved with conditions.

Special Exceptions

The fifth case number was 2020-12-001 Kari Flores, agent for Hickman Road LLC - James H. Anderson III. Pam Thompkins presented the case to the Board. PIN# 300-01-03-0001 identified the parcel located at 6100 Red Bluff Road, Loris. The applicants requested a special exception approval from Article V, Section 534 regarding on site consumption of alcohol for a Restaurant/ Bar in the Highway Commercial (HC) zoning district. This parcel was rezoned April 17, 2007 under Case 2007-02-010 to allow a restaurant and single family home on the same parcel. The Old Oyster Shack restaurant operated from 2003-2006 and Smuggler's Island Tiki Bar & Grill from 2006-2014. Since the business has been closed for over a year a special exception is required. This parcel was abutting Chase Cottages subdivision which was zoned Residential (SFlO). The applicant was proposing to open El Abuelo Tomy Mexican restaurant. The proposed hours of operation were 9:00 AM until 9:00 PM, Monday thru Sunday. (Please refer to the January 11, 2021 packet for further information.)

Chairman Marion Shaw swore in Kari Flores who explained that they wanted to be able to open a restaurant with the sale alcohol.

Robert Page asked if there had been a restaurant/bar in the past. Mrs. Thompkins answered, yes.

Mark Gouhin made a motion to grant the special exception with the conditions as stated by staff. William Livingston seconded the motion. The motion carried unanimously. The special exception was approved with conditions.

The 2020-12-005 case number was sixth Tom Miller, agent for Jerry L. Chestnut Trust. Pam Thompkins presented the case to the Board. PIN# 389-13-04-0014 identified the parcel located at 9715 N. Kings Hwy, Myrtle Beach. The applicants requested a special exception approval from Article V, Section 534 regarding on site consumption of alcohol for a Restaurant/Bar in the Highway Commercial (HC) zoning district. This was the location of the Waterway SoHo Restaurant and bar. The applicants were requesting to amend the previous special exception approval to allow on premise consumption of alcohol. On April 8, 2019 the Zoning Board granted special exception approval and a variance to allow outdoor dining in two tents and a gazebo with a bar area located behind the building near the Intracoastal Waterway. The applicant had built a deck over the Intracoastal Waterway and would like to include that area as well for on-site consumption and dining. The approved hours of operation were Monday thru Sunday 10:00 AM to 12:00 Midnight. (Please refer to the January 11, 2021 packet for further information.)

Chairman Marion Shaw swore in Tom Miller who explained the set up for the deck/patio and how there was fencing on both sides of the deck and open to the waterway.

William Livingston made a motion to grant the special exception with the conditions as stated by staff. Michael Fowler seconded the motion. The motion carried unanimously. The special exception was approved with conditions.

With no further business, a motion to adjourn was made and seconded. The meeting was adjourned at approximately 6: l 5pm.

Old Business

Case# 2020-11-009

RECONSIDERATION VARIANCE REVIEW SHEET

Property Information

Variance Request# 2020-11-009 I Zoning Information

Applicant Venture Engineering, Inc. agent Zoning District MA3

Parcel Identification (PIN}# 366-16-01-0007 Parcel Size 5.69 Acres

Site Location Off Ole Woodward Ave, Conway Proposed Use Commercial

Property Owner BDHP, LLC Hunter Brown

County Council District# 8 - Vaught I Requested Variance(s) The applicants are requesting a variance from Article XII, Section 1202 regarding separation and minimum lot size requirements in

the Heavy/Intense Manufacturing and Industria l (MA3) zoning district.

Variance

Requirement Requested Needed Percentage

108,900 SF 80,000 SF 28,900 SF

Minimum lot area (2.5 acres) (1.84 acres) (0.67 Acre) 27%

Separation between

residentially used or zoned 1000' 200' 800' 80% property

Background/Site Conditions This case was denied at the December 14, 2020 meeting. A motion was made by Board Member Kirk Truslow to reconsider this

case at the January 11, 2021 meeting, which was granted by the board . In review, a 1.84 acre portion of this parcel was rezoned

on August 13, 2019 for Heavy/Intense Manufacturing and Industrial (MA3}. The property will be used for a outdoor concrete

crushing operation. Article XII, Section 1202 requires a minimum lot area of 2.5 acres (108,900 SF) for a concrete processing

facility; the property is 1.84 acres (80,000 SF) for a variance of 0.67 acre (28,900 SF). The required separation from residentially

used or zoned property is 1000'; the proposed separation is 200' for a variance of 800'. The adjoining property to the right is part

of future development for Redhill Commons subdivision which is zoned Residential (SF7).

Ordinance and Analysis Before a variance can be granted, the Board must first find that the strict application of the provisions of the ordinance would

result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the Board makes and

explains in writing the following five findings:

1. There are extraordinary and exceptional conditions pertaining to the particular piece of property; (Is this request special?}

There are none.

RECONSIDERATION VARIANCE REVIEW SHEET

2. These conditions do not generally apply to other property in the vicinity; (Is this request unique?)

These conditions apply to all outdoor concrete crushing operations.

3. Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit

or unreasonably restrict the utilization of the property.

4. The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance. (Does this request serve the public good, or harm

neighbors?)

The 1000' sepa ration is required by the Zoning Ordinance to protect residential properties from the noise and dust created as part

of these operations.

5. The board may not grant a variance, the effect of which would be to allow the establishment of a use not otherwise

permitted in a zoning district, to extend physically a nonconforming use of land or to change the zoning district boundaries

shown on the official zoning map. The fact that property may be utilized more profitably, if a variance is granted, may not be

considered grounds for a variance.

Proposed Order/Conditions Should the Board decide that this variance request satisfies all five required factors and grants approval of the requested variance,

Staff recommends the following conditions:

1. All required documents shall be submitted to the Horry County Code Enforcement Department for review and approval and

required permits obtained.

2. All future buildings and building additions must conform to Horry County regulations.

3. The concrete crushing operation will only be allowed in the MA3 zoned (200' x 400') portion of this parcel.

4. All other applicable County requirements shall be met.

STATE OF SOUTH CAROLINA

COUNTY OF HORRY In re: Venture Engineering, Inc. agent

BDHP, LLC Hunter Brown

) ) )

BEFORE THE BOARD OF ZONING APPEALS Case No.: 2020-11-009

) ORDER OF THE BOARD __________ )

Hearing was held before this Board on December 14, 2020, pursuant to the request of the applicant

for a variance from Article XII, Section 1202 regarding separation and minimum lot size

requirements in the Heavy/Intense Manufacturing and Industrial (MA3) zoning district. The

property is identified by PIN 366-16-01-0007 and is located off Ole Woodward Ave in the Conway

area of Horry County. The applicant has requested the following variances from the requirements:

Variance Reauirement Reauested Needed Percental!e

108,900 SF (2.5 80,000 SF 28,900 SF Minimum lot area acres) ( 1. 84 acres) (0.67 Acre) 27% Separation between residentially used or zoned property 1000' 200' 800' 80%

The applicants and the zoning administrator were given the opportunity to offer witnesses

and exhibits and to make argument for the record. A public hearing was held and all interested

parties were invited to comment before the Board.

Under the South Carolina Code of Laws 6-29-800 (A) (2), a variance from the requirements

of the Zoning Ordinance may only be granted in an individual case of unnecessary hardship upon

the following findings: (a) extraordinary and exceptional conditions pertaining to the property at

issue; (b) the extraordinary and exceptional conditions do not generally apply to other property in

the vicinity; ( c) because of the extraordinary and exceptional conditions, application of the

ordinance to the property, would, in effect prohibit or unreasonably restrict the property owner's

Page 1 of 3

utilization of the property; ( d) authorization of a variance will not be of a substantial detriment to

adjacent property or the public good or harm to the character of the zoning district; and (e) a

variance may not be granted which in effect, would establish a use not otherwise permitted in the

zoning district or physically extend a non-conforming use. The statute also provides that the fact

that the property may be utilized more profitably if a variance is granted is not grounds for a

vanance.

FINDINGS OFF ACT

1. The property is identified by PIN 366-16-01-0007. It is zoned Heavy/Intense Manufacturing and Industrial (MA3) and is located off Ole Woodward Ave in the Conway area of Horry County.

2. A 1.84 acre portion of this parcel was rezoned on August 13, 2019 for Heavy/Intense Manufacturing and Industrial (MA3).

3. The property will be used for an outdoor concrete crushing operation. 4. Article XII, Section 1202 requires a minimum lot area of 2.5 acres (108,900 SF) for a

concrete processing facility; the property is 1.84 acres (80,000 SF) for a variance of 0.67 acre (28,900 SF).

5. The required separation from residentially used or zoned property is 1000'; the proposed separation is 200' for a variance of 800'.

6. The adjoining property to the right is part of future development for Redhill Commons subdivision which is zoned Residential (SF7).

7. The 1000' separation is required by the Zoning Ordinance to protect residential properties from the noise and dust created as part of these operations.

CONCLUSIONS OF LAW

The Board finds that the request does not meet the criteria set forth in Horry County Code § 1404 (B) and S.C. Code Ann. §6-29-800. Therefore, the variance is denied:

Page 2 of 3

AND IT IS SO ORDERED, this 14th day of December, 2020.

Jf::cA-4= . Jo Brown

Mark Gouhin

Robert Page

✓-~~-Kn~::1T~~ ~ / Dl,v

William Livingston

Dre~

** All orders may be revised until the following meeting of the Zoning Board of Appeals.

Page 3 of 3

·.· .. -..:,·:,,".'·.===:;.,.~-:-::::·.·=:·:._,.;:::4F''··:•;;:::·,,: :,-; ;:=_.-;--.:,=.=.

tu re Engineering, inc, age r BDHP, LLC Hunter Brow

= '3661601'""'"7'

007' ~

,· <!" ~

,,~ RO ~RR'<

ase Number 2020-11-009

g, inc, age nter Brown

I

007'c~ J ~ '--X ;Y ('\.__ I ..

q_~ ,'1,.f~RR'(RO

-~~ ~<'. ~ ~ 1:) ·" <'.) ~ <)-?

'

Variance •. i'i!' ,~ -~ Case Number :I"" l"ADft••• • .

2020-11-009

Site from Ole Woodward Ave

Site from Red Hill Commons Subd.

C 0 V) ·-> -0 _o ::)

(./)

V)

C 0 E E 0 u

I -0 QJ

cc:

Applicant Submittal

VARIANCE REQUEST

Applicant herebx fippeals for a variance from the requirements of the foll · · · oni Ordinance: Article(s) 'i \\\ c:}-: \ '2 6 .;2 Section(s) -----',!,r...\-ll_,,...~~~---~-=--------

Description of Request: ...;\h;..:A~ ..... · ~-'+-4..,_;;_+.=-.;;..,.:...;..._---=.......;:;_ ~..:..a..~,,,,__~ __ _J __ v _ _,11'-"'-_A_t-t..;;.(...::;..:,__~_ e_<_, i"'_-Ji_~....,....:e

rt.a v,·11.e~ ,s loo'. i'~/14" s,·Je ·3 rs

Required Front Setback: ------ --- Requested Front Setback: _________ _

Required Side Setback: - -------- Requested Side Setback: -----------Required Rear Setback: _ _______ _ Requested Rear Setback: __________ _

Required Bldg. Separation: _______ _ Requested Bldg. Separation: _________ _

~.-tt4 Required Minimum Lot~: __ tz.._ ._C_ ~_ ._

4kt.,_ Requested Min Lot ~: ___ / •_4/.,__.,'-_c-t_il'"--r _ _

Required Min Lot Width/Bldg Site: ____ _ Requested Min Lot Width/Bldg Site: _____ _

Required Max Height of Structure: ____ _ Requested Max Height of Structure: ______ _

Are there Restrictive Covenants on this property that prohibit or conflict with this request? Y N

A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the finding as stated below:

1. There are extraordinary and exceptional conditions pertaining to the particular piece of property. 2. These conditions do not generally apply to other property in the vicinity. 3. Because of these conditions, the application of the ordinance to the particular piece of property would

effectively prohibit or unreasonably restrict the utilization of the property. 4. The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and

the character of the district will not be harmed by the granting of the variance. 5. The Board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise

permitted in a zoning district, to extend physically a nonconforming use of land, or change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.

To the best of your ability please explain in detail how the aforementioned findings apply to your request: (may include attachments),.,a

The following documents are submitted in support of this application: (an accurate legible plot plan prepared by a registered architect, engineer or surveyor showing property dimensions and locations of all existing and proposed structures may be required)

Applicant hereby certifies that the information provided in this application is correct and there are no covenants or dee estr tions in place that would prohibit this request.

Date

,~ ij i~ ~-

l

Site Plan- Outdoor concrete crushing \;::]

/

-"'

/ /

j

/ /

• /

/

/ /

MA3 zoned portion is 200' x 400' - 1.84 acres

'

/

~---------1

I I I I

... JI/Ur·

E)

E)

@IP. 8 li 3!-(

-:i=:= -~-:. ·--

!i

!ii!

. ·-;..:..=..·.;..-__::_-;.:.=_·;,;- .. - . . _-:~-~~-~Ir ~ ------~ -- - t"'!".) ,,.. .... .. ,, --< --,

"lllf ,I--~/

r • t, iiiiiiiit

....... ar;.At,,1:1·---

I I I

• ' I

~. : ·-·· .. ,. ··-

"~~.t:.:::· ...... - .. -. . .. . - . - .... . - ... . . . . . .. . .. .

.. . .. .. . -.......... . . . .. . .. . .-..ir-.-

-~-~·

. .. . . . . .. . .. .. . . . . - .......... .

11:1;11 t • I ..

i II ~

I

e-, p

;

~ j ◄ ,...:i~ <o p~ E--u c.. Cl; ~5e . Zoo~ QCllWI

u ~~!ii C, 5:"-0 :z: ::,~IQ _ o<>. :x: u Cf)>-p gJ O::o u:i:: c.. ffi al

· :::.·::::.·::1 I

.. -: . : .. ~. ~. ~.: .. ~. ~i-d::r:..1;(; ....... - • :..:.: ... :.p .. , .... . .. •/•

New Business

Case# 2021-01-001

VARIANCE REVIEW SHEET



Applicant Venture Engineering, agent Zoning District CFA

Parcel Identification (PIN) # 337-10-04-0064 Parcel Size 3.83 Acres

Site Location 2780 Hwy 378, Conway Proposed Use Commercial

Property Owner Dock L. Hardee

County Council District# 7 - Bellamy I Requested Variance(s) The applicants are requesting a variance from Article V, Section 527.3 C 2, 527.3 D 2 and 527.2 D 1 regarding fencing and

landscape requirements in the Commercial Forest Agriculture (CFA) zoning district.

Background/Site Conditions The 29' x 36' {1044 sq. ft .) commercial building located on this parcel was constructed in 2019 without the previous owner

obtaining a building permit. The Landscape Ordinance requires fencing to be internal of landscape strips and buffers. The

applicants are requesting the following variances: 1) Fence on north east property line is encroaching 100% into the 5' landscape

strip which is not allowed per Article V, Section 527.2 D 1. 2) Fence on the south property line is encroaching 100% into the 8'

landscape buffer which is not allowed per Article V, Section 527.3 D 2. 3) The 189' landscape buffer located on the north side of

the parcel, abutting Macala Acres subdivision, requires 13 trees (50% evergreen) and 32 evergreen shrubs per Article V, Section

527.3 C 2. The applicants do not want to provide a tree survey due to the cost and are requesting a variance to be able to use

the existing vegetation on site.


result in unnecessa ry hardship. A variance may be granted in an individual case of unnecessary hardship if the Board makes and


1. There are extraordinary and exceptional conditions pertaining to the particular piece of property; (Is this request special?)

There are none.


These conditions apply to all commercial properties in the CFA zoning district.




4. The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the

character of the district will not be harmed by the granting of the variance. (Does this request serve the public good, or harm

neighbors?)





Proposed Order/Conditions Should the Board decide that this variance request satisfies all five required factors and grants approval of the requested

variance, Staff recommends the following conditions:


required permits obtained.

2. All future buildings and building additions must conform to Horry County regulation s.

3. No additional clearing on site without providing a tree survey to Planning & Zoning.

4. All other applicable County requirements shall be met .

•

1,,,, -~

PIN= '33710040064' \ MP DR

s11-1G11-1G ?'"'"'"' V•.

'-"&.· ~,()

0 ~-?6> ,".. '1.

<(

Gj ~-.-.---.,..! u. 1-·

"' ~ 35. ...... .. .. l f5

·1 I Variance

Case Number 2021-01-001

e Engineering or Dock Harde 51

t,1Git-1G ?IN~ "' v • •

' "'v.· ... ~,<)

0 ~1'o> >".. '-<I.

Variance Case Number 2021-01-001

> ro ~

> +-' I...

QJ

.> I...

QJ C. 0 I...

""'C l.f-0

C. QJ

0 ""'C +-' Vl QJ ..c u u C ro ro I...

QJ

+-' C

LU

C 0

o2S 00 r--,. CV)

> ~ I

Entrance

Left side Rear

Building

~ -. ·--:::::,_-

Applicant Submittal

VARIANCE REQUEST Applicant hereby appeals for a variance from the requirements of the following provisions of the Zoning Ordinance: Article(s)...._ ______________ Section(s) JS ... 2.._7....,.2.._ ___________ _

Description of Request:We are requesting to waive the requirement to provide identjflcation required existing, and provided vegetation for the undisturbed landscape buffers. There i s ample e x isting buffer . It would be cost prohibitive to identify all existing items

Required Front Setback:_N_/A ______ _ Requested Front Setback: NIA ----------Required Side Setback:_N_/A ______ _ Requested Side Setback: N/ A ----------Required Rear Setback:_N_/A _____ _ Requested Rear Setback:_N..;../_A _______ _

Required Bldg. Separation: _N_/_A _____ _ Requested Bldg. Separation: _N-'-/A ________ _

Required Minimum Lot Width: .... N .... /A ___ _ Requested Min Lot Width: _N __ /A _________ _

Required Min Lot Width/Bldg Site: _N_/A __ _ Requested Min Lot Width/Bldg Site: _N_/A ___ _

Required Max Height of Structure: _N_/A ___ _ Requested Max Height of Structure: _N_/ A ____ _

Are there Restrictive Covenants on this property that prohibit or conflict with this request? D [l) A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the finding as stated below:





To the best of your ability please explain in detail how the aforementioned findings apply to your request: (may include attachments) Mr. Hardee plans to keep the majority of his property undisturbed. The propose undisturbed landscape buffers will provide enough opacity from adjacent properties. In fact, the whole disturbed area amounts to 0 . 39 acres, compared to 3.44 undisturbed remaining acres. The authorization of this variance will not have a negative impact on adjacent prooerties, public goods or the character of the district.

The following documents are submitted in support of this application: (an accurate legible plot plan prepared by a registered architect, engineer or surveyor showing property dimensions and locations of nil existing nnd proposed structures may be required) Site & Landscape Plans, pictures of the undisturbed landscape buffers

Applicant hereby certifies that the infot•mation p1·ovided in this application is correct and thet·e arc no covenants or would prohibit tl1is request.

11/19/2020 Date

VARIANCE REQUEST Applicant hereby appeals for a variance from the requirements of the following provisions of the Zoning Ordinance: Article(s) 5 Section(s)~5=2~7~.3 ___________ _

Description ofRequest:We are requesting to keep the existing screening fence on its

original location (property line) and to provide the required landscaping on t

inside of the screening fence.

Required Front Setback: N/A --------- Requested Front Setback: N/A - ---- ------Required Side Setback: N/ A --------- Requested Side Setback: N/A ------ ---- -Required Rear Setback:_N_/_A _ ___ __ _ Requested Rear Setback:_N_/_A_· _ _ _____ _

Required Bldg. Separation: _N_/_A _____ _ Requested Bldg. Separation: _N_/_A _______ _

Required Minimum Lot Width: _N_/_A ___ _ _ Requested Min Lot Width: _N_/_A _______ _

Required Min Lot Width/Bldg Site: _N_/ A __ _ Requested Min Lot Width/Bldg Site: _N_/A ____ _

Required Max Height of Structure: _N_/_A _ _ _ _ Requested Max Height of Structure: _N_/A ___ _ _

Are there Restrictive Covenants on this property that prohibit or conflict with this request? D [l] A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the finding as stated below:




permitted in a zoning district, to extend physically a nonconforming use of land, or change the zoning district boundaries shown on the official zoning map. The fact that property may be utiliz.ed more profitably, should a variance be granted, may not be considered grounds for a variance.

To the best of your ability please explain in detail how the aforementioned findings apply to your request: (may include attachments) The existing screening fence in located on t he property line. The required landscaping will be provided inside the screening fence . Even if placed on the inside, the landscaping and the screening fence will provide at least the required 85% opacity. The authorization of this variance will not have a

negative impact on adJacent properties, public goods or the character of the distr ict.


Site & Landscape Plans.

Applicant hereby certifies that the information provided in this application is correct and there are no covenants or dee estrictions · pl that would prohibit this request.

11/19/2020 Date

~

W!EC!l'ilf1!JIXJ[E £NGIN££RIN6

Hardee Commercial 378

Pictures Evidence for

Variance Application 527.2

Venture Engineering, Inc. 209 Highway 544 - Conway, SC 29526 - [email protected] - (843) 347 5851

North Side Undisturbed Buffer

Image 1: NI

Image 2: N2

Venture Engineering, Inc. 209 Highway 544 - Conway, SC 29526 - [email protected] - {843) 347 5851

Image 4: N4


West Side Undisturbed Buffer

Venture Engineering, Inc. 209 Highway 544 - Conway, SC 29526 - [email protected] - {843) 347 5851

Image 7: W3

South Side Undisturbed Buffer

Venture Engineering, Inc.

209 Highway 544 - Conway, SC 29526 - [email protected] - (843) 347 5851

Image 10: S3


m V,c;,,/(y Map - Nol to Sca/o

\ I I

\ I I \ I \ \ I I I \ I

\ \ I \ ~ \

Site Plan I \

\ \ I I \ \ 1~' I I tn

\ \

\ \ \ \

' ' \

\ I

~ M

....... i I I

il!l'l:i I . n' 11 an l .-

-~-::.'b...- \ :.

01:nr·.:::r.:r ,, I i I I ,1

I I t \ ~ I I ,v. ~

I ~ ~·) 189' Existing vegetated buffer

I

I

-- -\-- ---......___ -- r'1 I I - - -- .. - . . ---==. -:- ~- - _,,,

l - 1 - - 1 -ry-.: -::J= --;r;;.+-=-~=•==

-~.:.::=-.:....--1:£-:.-aa:-

=-i~-:0: '&:l l=rlafl

-.;cJl$!Zef::ri=.::

"'lffl-:-

-~~11- I -::. er

I

1 \ \ \ \ - -

\ \ \ \ . I \ ~ \ \\ ~ \ \ \ \

C

I \ \ \ \ I \ \ \, \ I \ \ \ ~ I \ \ \ \ I \ \ \ \ I \ \ \ ~ - - - - , - -, - -,-\__L- -

_.l.- . _l- . .J:::;-\ . - \ \ \ ._..--I «c....,.,. SJMIA lfl"IM>

- -- lt'So. - I -u~ ~ wa:--- • i:F"r

7(~-- leffiir

--e r::-

O~r

--im••ma ..... _ :=:~-==::=====-• ~. :; - 1~-:r.,. __ _ ~ ~f::V.S,.!"l':GC.~ ..... • ====~~'?::!F".z=n:.e:c::: • ~'"il:aa-Jll•J:fafflrlr" .. ~.e.~--~...-c --.=i:~~~=-=-~-::-= ilc:aiii&~ A'lU.1121:.:Ui,• • ' :i£.O:.."=-"===-=

:f.,~~&-~-==~~~

\ \

1) Fence encroaching into the 5' landscape strip

",!",l'{""G-:

- i

----~ ----------.. - -~ --

2) Fence encroaching into the 8' landscape buffer

El \ - - ~ -

~ 1! - ·- ~ u>-..:s-,

~

I

0:: !i ii! "" \

w::> 1il ::.1 8~=!

\ 85~ti \ (zl a! f8

ra.l

\ ~ <C ::c

LANDSCAPE PLAN CIUPIIIC 9CALll

b-.--~ 1 St'M 1 ·---.. -----

I

Case# 2021-01-002

I



Variance Request # 2021-01-002 I Zoning Information

Applicant Keith Harrold, agent Zoning District CFA

Parcel Identification (PIN)# 350-06-02-0105 Parcel Size 9,623 Sq . Ft.

Site Location 4814 Williams Island Drive, Little River Proposed Use Residential

Property Owner Melinda & Paul Sequin

County Council District # 9 - Prince I Requested Variance(s) The applicants are requesting a variance from Article VII, Section 703 and Article VIII regarding setback requirements in the

Commercial Forest Agriculture (CFA) zoning district.

Variance Requirement Requested Needed Percentage

Front setback 25' 13' 12' 48%

Background/Site Conditions This parcel is located within Paradise Island Subdivision . This subdivision was grandfathered with a 25' front setback. The home

was constructed in 2007. The applicants are requesting to replace the current steps located on the front of the home. The

current steps are located 22' from the property line; and were legal under Section 907 which allows uncovered steps to encroach

up to 3' into the required setback. The new stairs will be located 13' from the front property line instead of the required 25' for a

variance of 12'.





There are none.


These conditions apply to all properties located within this subdivision.






neighbors?)

The applicants have provided a letter of approval from the Paradise Island HOA and ARB.








required permits obtained .



•

•

""-'

PIN = '35006020105' - - ~ ~


PIN = ~5006020105' - Y"-$'


(./) ~

re ~ tl.Q C

",i:i (./)

·x LU

Applicant Submittal

VARIANCE REQUEST Applicant hereby appeals for a variance from the requirements of the following provisions of the Zoning Ordinance: Article(s) _________________ Section(s) ______ ____ _ _ ___ _

-~---p-~-~~ ~~uestcd Front Setback: _ _ ~_

Required Side Setback: Requested Side Setback: __________ _

Required Rear Setback: Requested Rear Setback: _ _________ _

Required Bldg. Separation: Requested Bldg. Separation: ________ _

Required Minimum Lot Width: _ ____ _ Requested Min Lot Width: _________ _

Required Min Lot Width/Bldg Site: ____ _ Requested Min Lot Width/Bldg Site: _____ _

Required Max Height of Structure: _ _ __ _ Requested Max Height of Structure: _ _____ _

Are there Restrictive Covenants on this property that prohibit or conflict with this request? Y N

A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the finding as stated below:

l. There are extraordinary and exceptional conditions pertaining to the particular piece of property. 2. These conditions do not generally apply to other property in the vicinity. 3. Because of these conditions, the application of the ordinance to the particular piece of property would




To the best of your ability please explain in detail how the aforementioned findings apply to your request: (may include attachments)

iJM (' 0{,AJA,/~ll (.,,U/4,A/fJ /2 mn/u.. , rlyii C{),n-L- JliA,y-r /4,.,,_,,v :ta/vf ,;£.,_,,;-

e:

Jio ,R Tt> Ci>AJLl\ 11,,f ,l. /4vk t fli-1 A/~ e»ooud.-,._, ,';..; rlul-,lulL N DWA[ I~

Yr~F t,vA-rl /},1/J h ~ ' ()-0 }e,t, I


Applicant hereby certifies that the information provided in this application is correct and there are no covenants or deed restrictions in place that would prohibit this request.

~ -t ~ · ApJticantsig~ure

® The Noble Company of South Carolina, L.L.C.

December 29, 2020

Horry County Zoning Board of Appeals 1301 2nd Ave Conway, SC 29526

To Whom It May Concern:

This letter is in regard to the variance request for the Sequin residence located Lot 41 , 4814 Williams Island Drive in Little River by Southeast Construction. It has been established during the repair of the front decking and staircase of this residence that any method of stair installation will result in the encroachment of the front setback designated by Horry County.

As a community that has an established set of construction and appearance guidelines, we take particular regard in maintaining a superior level of exterior standards within the neighborhood that appeals to its overall betterment. The architectural review board and homeowner's association board are both in agreement that the variance requested by the Sequin residence should be granted by the county. The addition of a single staircase with straight access from the main floor deck to the ground level is in continuity with other surrounding properties. We have no concern of this encroaching the front setback.

The ARB and Board do have substantial concerns that should this variance not be granted, the resulting construction changes to allow access into the home will not fit within our community and will likely create a property that looks out of place. We appreciate your consideration and attention to this matter. Should you have any questions or concerns, feel free to reach out to me directly.

Blanche Welborn

Paradise Island Architectural Review Board Chair Paradise Island HOA Board Member At Large

1125 48th Avenue North, Myrtle Beach, SC 29577-5424 Telephone (843) 449-6625 Fax (843) 282-1064 E-Mail: informatiorui1 thenoblecompany.com Web Site: www.thenoblecompany.com

V)

QJ L

::J 4-' u ·-0... V) 4-' C ro u ·-0... 0... <(

C m -o_

(]) -I-' ·-(/)

------- ,

0)

m a, .-I C "O

~ > ~ t:'. 0 ~ Q) e )g a. u ..... i... C ro e °t;i+-~ E Q) 0 z~

Case# 2021-01-003




Applicant Ricky's Landscaping, Inc. Zoning District MSF 40

Parcel Identification (PIN) # 440-08-04-0001 Parcel Size 3.84 Acres

Site Location 4762 Peachtree Road, Myrtle Beach Proposed Use Residential

Property Owner Ricky Martin

County Council District# 6 - Crawford I Requested Variance(s) The applicants are requesting a variance from Article VII, Section 704 and Article VIII regarding setback requirements in the

Residential (MSF40) zoning district.

Variance Requirement Requested Needed Percentage

Front setback - Kama Ln. 50' 40' 10' 20%

Min. lot width at bldg. site

for Lots 2 & 3 100' 80' 20' 20%

Background/Site Conditions The applicant is requesting to subdivide this 3.84 acre parcel into 3 parcels. The Residential MSF40 zoning district requires a 50'

front setback along Peachtree Road and Kama Lane. The applicants are requesting a variance to have a 40' setback on Kama

Lane instead of 50' for a variance of 10'. Lots 2 & 3 are required to have a 100' minimum lot width, the proposed lots are 80' in

width for a variance of 20'.



explains in writing the following five findings :


There are none.


These conditions apply to all parcels within the MSF40 zoning district.






neighbors?)







1. All required documents shal l be submitted to the Horry County Code Enforcement Department for review and approval and

required permits obtained .



Ricky's Landscaping Inc PIN= '44008040001'

PIN= '44008040001' :s:· 0·

,5-0 \...,O~«; $'

PE4cH;R,.. cERo

•• . • I - - • •

• I I •


QJ u i.... ro a..

t. ., . '',•\

~ -~ '\., . ~ • >1 I

• i '-·• '

'{·. : ;,

• • ~• • ~ A j\

~,:j .. · ,4

-.~ . \._.,, . .,, . •· ,. ·~ 4 1 -·.

~ • • I

•••I\ '\

: , ·\ t ._, > ·,

, Peachtree Rd.

Across Peachtree Rd.

'c0=~-~~1ii~f

Applicant Submittal

VARIANCE REQUEST Applicant hereby appeals for a variance from the requirements of the following provisions of the Zoning Ordinance: Article(s) __________________ Section(s) ________________ _

Description of Request: &Jc C.t. \A.l ~ J : l)l e ~ v-. e... '- fL.. ~ ~ 01

1/c,v, t.w c: ti v 14 <1 v, e. d; wk ,fW dw ,t-,. c.. fk,,,, "- fo I.{ u'

. d S b k tt>l'.." 1 Require Front et ac : __ ,)__'-'~ u~----

,,_(\_('\., Required Side Setback: c.--u u ---------

R S b k ~ .ti. • ,._ I Required ear et ac :_~.l.~~_ . ..., _____ _

Required Bldg. Separation: __ N_ /~"4 ___ _

'

,A,1\1 Required Minimum Lot Width: _ _. _ _,~ .... "-"----

Required Min Lot Width/Bldg Site: /~1

Required Max Height of Structure: f'l /fir

Requested Front Setback: -----------

Requested Side Setback: 401 lop.p V-o,,; 1-'-v [cu,t.} Requested Rear Setback: __________ _

Requested Bldg. Separation: ________ _

Requested Min Lot Width: '(;O' {lbt~ ltt t/t2} Requested Min Lot Width/Bldg Site: _____ _

Requested Max Height of Structure: ______ _

Are there Restrictive Covenants on this property that prohibit or conflict with this request? Y @ A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the finding as stated below:





To the best of your ability please explain in detail how the aforementioned findings apply to your request: (may include attachments)


Applicant hereby certifies that the information provided in this application is correct and there are no covenants or deed restrictions in place that would prohibit this request.

Applicants Signature Date

\ '

Site Plan ' . \ .....Clr . ... ,. •

_, I

' . ' \ I . .., •~C8 -t'-•0N' oe .,,,. ,c. e,;

,.. ]I . JI(. • I

\ ........C.I a Q#AQT 1.tt"{~~-~,o,

I \ :'.~~"'~~,, •t ,,o, •C. lM .

) / N ot:r-2r c 2210r I tt 1•:,ns· t w»- \ ------r I I

I

• I . . I . • I I I

I

170' . I 1 t<-'M-' L A.I I ,.VAT{ 6,.) j"'"' ••"-•-Ot•1DC7 .,. -:--..-o, ... I I

I

40' front setback on Kama Ln.

' I I ' I I

~ ~

z

e ~ Ii •

( ii ~ .~ ,s ·1 co ... r

' I I I

I I I

I l I I

l I I I I I I I I

-- -- .. .L. •. _ 12

I zoo·

~

!~ la ,~

I~ I

~' :1 R' 21

120' -·,-2-;-,;;;;·~;;;-·-··----, ·-,

I·

8 't .,

~---------.... -----------++++--+---4"

]CO'

..

J) ---I I ( r ~ tb,'.t' W rm...- 17;.,w,w.w, ·-t I I: I i! I I 1

I

'J __ __....t I ~l

I! :,-1

!, ~, I I

1 I

'ii Ii jl

80' lot width on Lots 2 & 3 I I

I I

ua cu,ov ..... , .WO,..Of; ~"4 ·I

- ··-· I -sl"r.;..,,. ; '1 ' ' "' · - ,- - _ ,_ - - l - -1 - , _ • , 1

C' . ~QO ' I 1 . .ioc; ,:C(~~ '>II Y.o Joo· c..i.s~ I "' J. t-=:,l: '""'"" I ,--..,a •• "'" ··-----··-·- ••-••-h ' -- --••------•---••---• ', : .,

- --,-so.a,, .... L-UO •. Jf ...,o-"lr

c,...,~ .. --....... ' ' ,'

---.. ,_"-. ___ _ "VO."'tl •-.,,..It ., ...

------- -..... ... -----. • 1 ~

.ua.. --------_, ..

horrx~~d7 · 2021. 2. 4. · mike fowler, vice chairman mark gouhin william livingston robert page...

Documents