HORRYCOUNTY ZONING BOARD OF APPEALS · NEW BUSINESS Public Hearings Variances The second case number was 2019-09-001 Geraldine Squires, agent for Flory Louise Boone. Pam Thompkins

HORRYCOUNTY ZONING BOARD OF APPEALS

Members Marion Shaw, Chairman Mike Fowler, Vice Chairman Mark Gouhin William Livingston Robert Page Drew Parks John Brown Johnny Brown Kevin Doolittle

Meeting Dates January 14, 2019

February 11, 2019 March 11, 2019

April 8, 2019 May 13,2019 June 10, 2019 July 8, 2019

August 12, 2019 September 9, 2019 October 14, 2019

November4, 2019 December 9, 2019

Staff Pam Thompkins, Zoning Administrator David Schwerd, Director of Planning Steve Gosnell, County Administrator Desiree Jackson, Asst. Zoning Admin. Stevie Brown, Chief Zoning Inspector John Danford, Principal Planner David Jordan, Deputy County Attorney Jerry Mabry, Court Reporter Marnie Leonard, Planning Zoning Tech

Horrr.Q~~9' Committed to Excellence

HORRY COUNTY ZONING BOARD OF APPEALS

Agenda

November 41\2019

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

II. Invocation/Pledge of Allegiance

ill. Communications .... ... .. .......................... ............................... ... ............... ... ... ....... .. 1

IV. Minutes

A. October 141h, 2019- Regular Meeting Minutes ............... .. ................................. ... . 3-6

V. Old Business ........ ..................... ................................. ............... .... ........................ 7

VI. New Business ................. ................ ............... ...................................................... ... 8

Variances

1. 2019-10-001- Felix H. Pitts, agent for South pointe, LLC .. ......................... ... ....... 9-20

Lake Pointe Dr. Garden City, SC (Council Member Servant)

2. 2019-10-002- Ronald Moore .............................. ... .......... .. ............ ............ .... ..... ... 21-33

3289 Bakersfield Rd. Loris, SC (Council Member Hardee)

3. 2019-10-003- David R. Summerfield and Kathy L. Clark .... ........................ .. .... .. 31-42

1227 Kingswood Dr. Conway, SC (Council Member Vaught)

VII. Discussion Item ................ ....... ... ......... .......... .... ................. ............ ...... ...... .. ....... .... 43

1. Special Exceptions for Rural Tourism Permits ........... ... .......... .............................. 44-45

Vill. Adjourn

~================~®

Communications

~================~®

1

Minutes

2

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

COUNTY OF HORRY ) MINUTES - October 14111,2019

The Horry County Zoning Board of Appeals held its scheduled meeting on Monday, October 14111

, 2019 at 5:30p.m. in the Horry County Government Center, Multi-purpose Room B, located at 1301 Second Avenue in Conway, South Carolina.

Board Members present: Johnny Brown, Drew Parks, Mark Gouhin, Marion Shaw, Bobby Page, John Brown, and William Livingston.

Board Members Absent: Michael Fowler and Kevin Doolittle.

Staff present: Pam Thompkins, Mamie Leonard, John Danford, Jordan Todd, Attorney David Jordan, and Court Reporter Jerry Mabry.

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.

Marion Shaw, Chairman called the meeting to order at 6:00p.m. There was a valid quorum for voting purposes. Bobby Page delivered the invocation and John Brown led in the Pledge of Allegiance.

Marion Shaw swore in staff.

COMMUNICATIONS

Approval of the 2020 Calendar date's for the ZBA meeting. John Brown made a motion for the approval of the Calendar and Mark Gouhin seconded, the motion carried unanimously.

REGULAR MEETING MINUTES- September 9111, 2019

Marion Shaw asked if there were any additions, deletions or changes to the minutes. Mark Gouhin made a motion to accept the minutes as written. Bobby Page seconded the motion carried unanimously. The minutes for September 9111, 2019 were approved.

OLD BUSINESS

The case number was 2019-07-004 Norm Johnston, agent 207 S Waccamaw LLC. Pam Thompkins presented the case to the board. PIN number 4 70-06-04-0065 identifies the parcel located at 207 S Waccamaw Drive, Murrells Inlet, SC 29576. The applicant is requesting a variance from Article VII, Section 723.2 and Article VIII regarding height requirements in the Garden City Height Overlay and Residential (SF6) zoning district.

3

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) All other applicable county requirements shall be met.

Marion Shaw swore in Norman Johnson who explained why the variance was needed. Marion Shaw swore in William Joy who spoke against the request and how it would block his view from his property.

Mark Gouhin made a motion to grant the variance with the conditions as stated by staff. William Livingston seconded the motion. The vote was 6 no's and 1 yes with the yes vote being William Livingston. The case was denied.

NEW BUSINESS

Public Hearings

Variances

The second case number was 2019-09-001 Geraldine Squires, agent for Flory Louise Boone. Pam Thompkins presented the case to the board. PIN number 279-11-02-0004 identifies the parcel located at 376 Rabon Rd, Aynor. The applicant is requesting a variance from Article V, Section 512 and Article VII, Section 702 and Article VIII regarding setback requirements in the Forest Agricultural (FA) zoning district. To avoid any future variances Staff would also like a variance to allow all accessory structures to be forward of the principal structure due to the mobile home being placed to the rear of the lot.

Marion Shaw swore in Geraldine Squires who explained the request that there are several existing storage buildings located on this site. There are 2 accessory structures encroaching over the property lines. The 1 0' x 12' (120 SF) storage building encroaching over the proposed front property line will need to be moved to meet the required setbacks. The 16' x 30' (480 SF) shed with lean to is encroaching over the rear property line. The existing 37.3' x 20.3' (757 SF) storage building on this parcel is located 3.3' from the front property line instead of the required 25' for a variance of 21. 7'.

Mark Gouhin 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.

The Third case number was 2019-09-003 Dervon Dennis. Pam Thompkins presented the case to the board. PIN number 448-07-01-0059 identifies the parcel located at 7179 Hwy 707, Myrtle Beach. Applicant is requesting a variance from the Access to public pedestrian facilities requirements in Article VII, Section 723.5 (E) (1) ofthe Highway 707 Overlay District. The applicant is proposing to construct an office for his landscape business with storage of equipment

4

on this parcel that is located within the Hwy. 707 overlay zone. The overlay requires a 5 ft. sidewalk to be provided from the primary building entrance to the public sidewalk system to provide a reasonable direct path from entrance/exit. The applicant is asking for a variance to not have to install the sidewalk.


Marion Shaw swore in Dervon Dennis who explained the request.

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

The forth case number was 2019-09-004 Michael Leviner. Pam Thompkins presented the case to the board. PIN number 4 70-07-04-0031 identifies the parcel located at 207 S Waccamaw Drive, Murrells Inlet, SC 29576. The parcel is located 3138 First Avenue, Murrells Inlet. The applicant is requesting a variance from Article VII, Section 706 and Article VIII regarding building height requirements in the Residential (SF 1 0) zoning district. The applicants are proposing to construct an elevated 2-story single family home on this parcel. The home is located in the AE13 flood zone which requires a base flood level elevation of 14'. The home will be 36' 11" in height instead of the required 35' for a variance of 1' 11 ".The home will have 4' 6" of freeboard.

Should the board decide that this variance request satisfies all five required factors and grants approval ofthe 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) All other applicable county requirements shall be met.

Marion Shaw swore in Michael Leviner who explained the request. Marion Shaw swore in Mr. Griggs who was against the variance due to flood issues it may cause on his property.

Bobby Brown made a motion to grant the variance with the conditions as stated by staff. Johnny Brown seconded the motion. The motion carried unanimously. The variance was approved with conditions.

The fifth case number was 2019-09-006 Mike Kensey, agent for Joyce & David Madison. Pam Thompkins presented the case to the board. PIN number 462-01-04-0034 identifies the parcel located at 178 Heron Lake Court, Murrells Inlet, SC 29576. The applicant is requesting a

5

variance from Article VII, Section 702 and Article VIII regarding setback requirements in the Multi Residential (MRD3) zoning district. The applicants are requesting to construct a 9' x 13' (117 SF) sunroom on the rear of their single family home. The sunroom will be located 1' from the rear property line instead of the required 1 0' for a variance of 9'.


Marion Shaw swore in Mike Kensey who explained the need for the setbacks requested.

John Brown made a motion to grant the variance with the conditions as stated by staff. William Livingston seconded the motion. With a unanimous no vote the variance was denied.

The sixth case number was 2019-09-005 Kris Venditto, agent for Inlet Crossing Management, LLC. Pam Thompkins presented the case to the board. PIN number 469-05-04-0005 identifies the parcel located at 3340 Highway 17 S. Murrells Inlet, SC 29576. The applicants are requesting to amend the 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. The applicants are requesting to amend the existing special exception for on-site consumption of alcohol at the Acme Bar & Grill. The previous special exception was approved under Case# 2012-12-010 at the January 14, 2013 Zoning Board meeting with hours of operation being 11:00 am until12 :00 Midnight. The applicants are requesting to amend the hours of operation to 11 :00 am until2 :00 am. They have received a Preclearance letter from the Horry County Police Dept.


Marion Shaw swore in Ms. Kris Venditto who explained the request.

Mark Gouhin made a motion to grant the variance with the conditions as stated by staff. Bobby Brown seconded the motion. The motion carried unanimously. The variance was approved with conditions.

With no further business, a motion to adjourn was made and seconded. The meeting was adjourned at approximately 6:50p.m.

6

®~==============~®

Old Business

®~==============~®

7

~================~'®

New Business

®~==============~®

8

Case # 2019-10-001

®~==============~®

9

VARIANCE REVIEW SHEET

Property Information

Variance Request# 2019-10-001 I Zoning Information

Applicant Felix H. Pitts Zoning District HC 462-15-02-0061,462-15-02-0062,462-15-04-0116, 462- 7547 SF, 8915 SF,

Parcel Identification (PIN}# 15-04-0123 Parcel Sizes 8572 SF, 6069 SF

Site Location Lake Pointe Dr. Garden City, SC Proposed Use Residential

Property Owner Southpointe, LLC

County Council District# 5 - Servant I Requested Variance(s) The applicant is requesting a variance from Article VII, Section 716 and Article VIII regarding the minimum lot width at building

site.

Variance Requirement Requested Needed Percentage

Lot #8 - Min. lot width at

bide:. site 60' 45 .2' 14.8' 25%


bide:. site 60' 42.9' 17.1' 29%


bide:. site 60' 43.4' 16.6' 28%


bide:. site 60' 58.4' 1.6' 3%

Background/Site Conditions These four (4) lots are located within Reflection Pointe subdivision . Article VIII requires the minimum lot width at building site to

be 60' within this zoning district. The single family homes would have to meet a larger setback to meet this requirement thereby

reducing the buildable area of the lot. The applicants are proposing to meet the 20' required setback but will need the following

variances for minimum lot width at building site. Lot #8 is requesting to be 45.2' for a variance of 14.8', Lot #9 is requesting to be

42.9 ' for a variance of 17.1'., Lot #15 is requesting to be 43.4' for a variance of 16.6' and Lot #23 is requesting to be 58.4' for a

variance of 1.6'.

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 is a 20' drainage easement on the rear of lots 8 and 9 and a 25' power line easement on the rear of lot 15 which would

require a larger rear setback for these homes.

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

These conditions apply to all properties within this zoning district.

10


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.

Application of the ordinance prohibits staff from approving the single family homes not meeting the required min. lot width at

building site.

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?)

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. All other applicable County requirements shall be met.

11

Felix H. Pitts, agent for Southpointe, LLC

PfN = 46215020061 46215020062 46215040116 46215040123

PIN= 46215020061 46215020062

;,. 46215fP!E116 ~(.;

tf; ~ -~--~

Variance Case Numb 2019-10.001

12

Felix H. Pitts, agent for Southpointe, LLC PIN = 46215020061

46215020062 46215040116 462150401' 23

13

14

15

16

®\~============~®

Applicant Submittal

17

V AIUANCI~ ltEQUJI:ST

Applicant hereby appeals for n variance i·om the requirements of the following provisions ofthe Zoning Ordinance: 1\rticle(s)U

1 _ _ Section(s) GRLotWidlh - - - ----------

i Description of Request: lot wldlh varl;mcc th ollow 20'Iront building setbacks and 20' 1Julldlng ~eperullon on lois 0,9, 15, · ~ , ond 23. I ~-----

Required Front Setback:_,-----. 1 __

Required Side Setback:_N~'"--+------

Required Rear Setback:.-'-N_IA _ _,_ _____ _

Required Bldg. Separation: _N_IA-+------

Required Minimum Lot Width: ' 1?0' Required Min Lot Width/Bldg s;ite: ..;.N_IA_:__ __ _

Required Max I Ieight of' Structure: ..;.N~IA-'------

Requested Front Setback' _ _;__ _______ _

Requested Side Setback: NIA ~~-----------

Requested Rear Setback: . ..;_N~IA-'-----------

Requested Bldg. Separation: _NIA

Requested Min Lot Width:---------

Requested Min Lot Width/Bldg Site: .:..N;::./A~----

Requested Mnx Height of Structure: ..:..N::.IA.:__ ____ _

Arc there nestrictive Covenants on th js property thnt prohibit or conflict with I his request? Y N

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

1. There are extraordinary and exce~ltional 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 f.tpplication of the ordinance to the particular piece of properly would

effectively prohibit or unreasonably restrict the ulilizntion of the propefiy. 4. The authori71ttion of a variance \\lillnot be of substantial detriment to adjacent property Of' 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 variatice the eiTect of which would be to allow the establishment of a use not otherwise

permitted in a zoning district, tofxtend r>hysically a nonconforming usc 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 iconsidered grounds for a variance.

t

To the best ofyom· ability plensc expl~inln detail how the aforementioned findings npply to your request: (mny include n ttachmcnts) , (1 .) Irregular Iron! solbacks do nol apply loa majority or lho 1oxlsllno lots In Rcllectlen Pointe. (2.) Current sci backs on tho orrectnd lois unrcosnnnbly rostr~t cornparablnlnt dovolopononl. (3.) In other words, lho samo •quaro foolngo building cmonol *• built on tha.o lois nnd would require n chnngo of producl, shntlow bulltlinu tloplh, or In so11oo lnslancos an undevelopotl lol. (4.) lois to be developed oro or slmller chorocler of sJrroundlng Jots. Storr has considered obandonlng this rogulallon.

The following documents are submitted In support of this npplicution: (nn nccurutc legible plot phm prcpnrcd by n registered nrchitcet, engineer or surveyor showing property dimensions nnd locations of all existing nnd proposed structures may be rciJUired)

I

Applicant hereby certifies thnt the informntion provided in this applicntion is cotTect nnd there nrc no covenants Of' deed rllstrictions in plncc that woul 1 prohibit this t·equcst.

09-10-2019

Dntc

18

-= ~ !{

! ~ ~ ~

+I ~ ~

Site Plan '"-· · - ·· - · -

GARDEN LAKEs UICI~ ••v ~- · " ·· ·-- ·

I

~

tor Jt •o.o2e sr 100 AC

Cll!.IWOICIAL lOT

N/> BA YW:'M lO~ Sfliii!Cif','C, U.C 1\IS 1 i !S-0$-0'-()95

\ \ \ \ \

\ \

COioWON AJU:.t. #l 47, 45;1 Sf 1.0!1 AC

- ·· - ·· - ··- ··- ··-

'

------------

N/r SAil L SCAUSE T~<S 1195-05-o1- !i'V(

LOT 30 22.e99 sr 0$2 AC

........... 110' PIIIYA'!Il R/'r

LOT 1 7,296 Sl' 0.1? AC

101'2 7,0J<I SF 0.16 AC

\

toT 20 11,3,.. '!T 07& o\C

I I I I

LOT 3: 0.936 Sl' I

18 AC I

I I I _ _ __ _ J

I I I I I I.OT 4 I 7,167 SF I 0.16 AC I I I I L-----

LOT 19 6.267 Sl

15 AC

tor 28 0.272 SF 0 14 AC

LOT 5 6.• 70 Sf O.l !i AC

LOT 18 6.710 SF 015 AC

LOT 6 4.279 Sf O.lL AC

LOT? 6,liJ<I SF' 0 16 4C

LOT 13 8.121 Sf

i I I

I i I I

I I I

I 1\ 1'.

9 1

UJ I

~ ~ -J

~ ~ 0 > · -< r: li' il ~

0. 19~ -- ....__.._ I \

---------.,

' ' '

I

tor 12 : ~~&A~ 1

LOT l1 7,092 sr 0.16 AC

I

I

, LOT II I \ 0.11 ~ Sf I

' 020 •c 1 ' I ', I

' I ' \ I

' I ' LOJ 8 ',

1.~ 1 sr , 0.17 4C ' - -- -- - -~

,----------

', I ~ ...

I \ I \

I I (\,

I lc-N/f omts~~~i!:.:

'IIJS 1.=0~

I i.r.

I u.. u.. _ . . l- .V:

l u..

I H ~

:m c. 1-<11 .. _ .. 1- ·.:g

I .,

N/F '

lite

19

F I

0.15 AC I r-I ..........._ ,

I LOT 9 I

8,915 SF I 0.20 AC I

I \. '\. \. I

I LOTS\~ I

7,547 SF '\ \. I 0.17 AC '\ \. 1 \. \.

---------' '--_J

,.

LOT 23 6,069 Sf 0.14 AC

~------

16 } SF AC

LOT 7,416 0.17

J I I I

LOT 15 I 8,572 SF 0.20 AC I

I

20

Case # 2019-10-002

21

I




Applicant Ronald Moore Zoning District LFA

Parcel Identification (PIN) # 252-07-02-0001 Parcel Size (in acres) 3

Site Location 3289 Bakersfield Rd . Loris Proposed Use Residential

Property Owner Ronald Moore

County Council District# 10- Hardee I Requested Variance(s)

The applicants are requesting a variance from Article VII, Section 701 and Article VIII regarding setback requirements in the

Limited Forest Agriculture (LFA) zoning district.

Variance

Requirement Requested Needed Percentage

Front Setbacks 60' 53.7' 6.3 ' 11%

Background/Site Conditions The applicants received a building permit in April 2019 to place a 24' x 30' {720 SF) metal garage with a 12' x 30' lean-to on two

sides of the building. Upon resurvey of the parcel it was determined that the garage did not meet the 60' front setback. The

garage is located 53 .7' from the front property line instead of the required 60' for a variance of 6.3' .

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.

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

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

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.

Application of the ordinance prohibits staff from approving the garage not meeting the required front setback.

22


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?)

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 Harry County Code Enforcement Department for review and approval and

required permits obtained.

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


23

24

\ \ .t

\

25

..f..-J ·-l/)

N 0 0

26

L

m OJ L

27

®~~============~

Applicant Submittal

®~============~® 28

' ' ' ' '

' ' '

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

~ ' I \\ (\ (\ 1\ Description of Request: _....,£i,""""_~.....:--2....==---· {'_ . ..::::~:..:::e=..t..~..-_4r..:... -=:{":_o:,.:.~---=--±..J......!· k~-L.:::....._±:.l..=.!~~out1:......t..;f:__ _____ _

C-o I Required Front Setback: _ __,~"'--"'"---------

2.5' Required Side Setback: __ =-:=--:,----- ---

!0/ Required Rear Setback: __ ~_p.,._L.-_ ___ _

Required Bldg. Separation: ___ ____ _

Required Minimum Lot Width: _____ _

Required Min Lot Width/Bldg Site: ____ _

Required Max Height of Structure: ____ _

~-V~ c3,7' Requested Front Setback: __ ___,,._:.;_.,L__!,_~------

Requested Side Setback: ______ .--___ _

Requested Rear Setback: _____ -::-:--;------

Requested Bldg. Separation: -----"--------

Requested Min Lot Width:----.---------

Requested Min Lot Width/Bldg Site: _____ _

' Requested Max Height of Structure: ______ _ * Are there Restrictive Covenants on this property that prohibit or conflict with this requ.est? Y0 A variance may be granted in an individual case of unnecessary hardship if the Board makes an.d 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.

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

incl ~ ~tta~~s) -;;o IV\_ h-<> fV'... ~S ~u..It\. ~b .. d \el '1V'\ 5 n ~ 5C:> I c l '17\ ~ · w r -E?.. '"':1::-...}~h o....~' ~ ~£). ~ ./- ~I M ~ -4-

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 deed restrictions in place that would prohibit this request.

tf~~P?Otl VLIL- ~~ :}Jo,or 1-11-d.o) J Date Applicants Signature . .

29

+-' c 0 \.--

____ __ __ _.. __ _

c (0 --0-

Q) ~ .--(./)

?ENNIS PA()UIN· J? • I 252-07-02-0002 l.B J576. PG I 706 PB· r-41, PC 247

LOT 4

LOT 6 2.68 A~Rf$

+Q:jj.AcR~ ~£$

r2r.S27 so. FT.

sss·JO·orw J7.75'

0 sr. 9.£&

II

/

30

Case # 2019-10-003

31



TREE PRESERVATON


Applicant David R. Summerfield and Kathy L. Clark Zoning District MSF10

Parcel Identification (PIN)# 416-01-01-0039 Parcel Size 14,398 sq. ft.

Site Location 1227 Kingswood Dr. Conway, SC Proposed Use Residential

Property Owner David R. Summerfield and Kathy L. Clark

County Council District # 8- Vaught I Requested Variance(s) The applicants are requesting a variance from Article V, Section 527.4 regarding the removal of a live oak specimen tree in the

Single Family (MSF10) zoning district.

Background/Site Conditions The applicants are requesting to remove a live oak tree from their property. The live oak tree is 27" in diameter, which requires

16 replacement trees at 2.5" caliper or $2,400 fee in lieu. The applicant states the tree is leaning over their home and they are

afraid it may fall on their home or a neighbors home during a bad storm.

Ordinance Requirements Article V, Section 527.4 states that it shall be unlawful to injure, participate in, authorize or cause the removal of any specimen

live oaks 24" or greater. Authorization to do so shall require a variance from the HC Zoning Board of Appeals based on findings

including, but not limited to:

a) Presentation of a safety hazard to pedestrian and/or vehicular traffic; b) Presentation of a safety hazard to buildings, structures or utility infrastructures;

c) Removal being the only reasonable means by which to comply with certain governmental requirements;

d) Justification according to good urban forestry practices (i.e., to reduce competition among trees or to remove invasive exotic

species);

e) Any tree confirmed in writing by a Certified Arborist as being structurally unsound, hazardous diseased, dead, or in a state of

irreversible decline:

f) If tree retention and/or tree protection zone(s) prevents the minimum number of required parking spaces;

g) If the ingress/egress approved by the governing agency cannot reasonably be located to adequately accommodate the

required root area of the Protected tree(s) ;

h) Other required utility infrastructures cannot reasonably be located to accommodate the Protected tree(s) (i.e., storm water

systems, detention ponds, etc.);

i) The introduction offill twelve (12) inches or greater to elevate the parcel above the required flood protection elevation;

j) A planned grade cut that would place the tree protection zone above four (4) feet above final grade;

k) Reasonable use of the property will be significantly impaired;

If approval to remove Live Oak specimen tree is given, the removed trees shall be replaced according to the provisions of these

regulations. Individuals failing to obtain the proper tree permit shall be cited as provided for herein.

32

Proposed Order/Conditions


TREE PRESERVATON

Should the Board approve removal of the Live Oak specimen tree, Staff recommends the following conditions:

1. The removed tree shall be replaced according to the mitigation and planting requirements or a fee in lieu as outlined in the

Zoning Ordinance.

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


33

Variance CaseNumbe 2019-10..()03

34

35

36

37

38

...::::L m 0 Q)

> ·-_J

rn 0 0

39

Applicant Submittal

®~============~® 40

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

I

.va.!

Required Front Setback: ------------------- Requested 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@ A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the fmding 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 fmdings apply to your request: (may include att h ents)

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)

41

c: m -o_

Q) -1--J ·-(./)

42

Discussion Item

®~==============~®

43

Clean Copy

468.3 Value Added Product Processing

Value-added agricultural product means the enhancement or improvement of the overall value of an agricultural commodity to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging, and educational presentation activities and tours that relate to agriculture or agricultural products.

1304.1.- Rural Tourism permit.

All owners and operators seeking the establishment of Rural tourism activities as defined herein

shall be required to obtain a Special Exception from the Zoning Board of Appeals.

(A) Intent. To support economic growth in rural areas while simultaneously preserving open space

and farm land. The permit may provide relief from certain commercial standards that are

inconsistent with the surrounding rural character.

(B) Permitted activities.

1. Rural Tourism activities are permitted provided:

a. The parcel is a minimum of 20 acres or 20 total contiguous acres and within a Rural area, Rural Corridors, Rural Community, Rural Activity Center, Transitional Growth Area, Scenic Conservation, or Preserved Open Space as identified on the active future land use map; and

b. The parcel is not zoned Residential; and

c. Rural Tourism Activities shall comply with Table 1, Operation Designations. Rural Tourism does not include amusement activities specified in the AMI & AM2 zoning districts unless expressly stated in the table below.

2. The requirements of Chapter 13, Article III (Noise Control) of the County Code shall be met.

3. If plans include use of a building onsite, a courtesy inspection will be made by Horry County Code Enforcement to ensure the building complies with accepted safety standards.

4. Upon approval, the Rural Tourism Activity may be exempt from Landscaping and Buffering requirements and Article XI of the Horry County Zoning Ordinance.

44

5. No event shall exceed 499 attendees at one time, unless a Special Event permit has been approved.

(C) Application procedures.

1. A completed Rural Tourism Special Exception application shall be made to the Planning and Zoning Department. Applications shall include the following:

b. A master plan identifying all existing and proposed: structures, parking areas, ingress and egress, restroom facilities and uses.

c. An operation plan that includes planned event days, type of activity and hours of operation.

TABLE 1 Activities Definition Agricultural Activities These activities can include, but are not limited to: rent-a-row,

you-pick operations, harvest market

Education Classes/ Tours Classes/ tours focused on rural or agricultural education. (i.e. bird watching, flora and fauna identification, farm I rural tours, farm I rural museum, fishing instruction, kayak or paddle board instruction)

Food Service, including, On-site consumption of food, to include Farm to Table events Food Trucks Rural Activities These activities can include, but are not limited to: zip lines,

motorized and non-motorized trail rides (does not include racing activities), horseback riding, kayaking, fishing and petting zoos.

Rural Retail Nurseries and the sale of agricultural products, produce and value added products.

Seasonal Activities These activities can include, but are not limited to: corn mazes, haunted houses/ forests , egg hunts, and holiday light displays

Events These events can include, but are not limited to: weddings, birthdays, and corporate events

45

Documents

HORRYCOUNTY ZONING BOARD OF APPEALS · NEW BUSINESS Public Hearings Variances The second case number was 2019-09-001 Geraldine Squires, agent for Flory Louise Boone. Pam Thompkins