A G E N D A. Rock Hill Zoning Board of Appeals. December 18, 2018

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1 TO: FROM: RE: Rock Hill Zoning Board of Appeals Melody Kearse, Zoning Coordinator Meeting Agenda DATE: December 13, 2018 The Rock Hill Zoning Board of Appeals will hold a public hearing on Tuesday, December 18, 2018, at 6:00 p.m. in Council s Chambers at City Hall, 155 Johnston Street, to consider the following appeals. Please feel free to contact me regarding any item on the agenda. Thank you. 1. Call to Order A G E N D A Rock Hill Zoning Board of Appeals December 18, Approval of minutes from the November 20, 2018, meeting. 3. Approval of Orders from the November 20, 2018, meeting. 4. Appeal Z : Request by James Brown for a variance from the location requirements for a carport at 806 Morningside Drive which is zoned Multi-Family Residential-15 (MF-15). Part of this request includes a reduction in the required front yard setback and a reduction in the building setback from the primary structure. Tax map number Other Business 6. Adjourn. Planning & Development Department, P.O. Box 11706, 155 Johnston St., Rock Hill, SC Ph. (803) Fax (803)

2 Heckle Zoning Board of Appeals Agenda Items City of Rock Hill, SC December 18, 2018 Zoning Board of Appeals Mt Gallant Sutton Hwy 21 Old York India Hook Celanese York Cherry I-77 Main Dave Lyle McConnells Heckle Anderson Albright 4 Anderson Ogden I-77 Mt. Holly Legend Map Saluda City Limits River Agenda Item Not Drawn To Scale DR 5/11/15 #

3 Zoning Board of Appeals City of Rock Hill, South Carolina November 20, 2018 A public hearing of the Zoning Board of Appeals was held on Tuesday, November 20, 2018, at 6 p.m. in Council Chambers at City Hall, 155 Johnston Street, Rock Hill, South Carolina. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Matt Crawford, Keith Sutton, John Antrim, Rodney Cullum Michael Smith, Stacy Reeves, Randy Sturgis Melody Kearse, Dennis Fields, Leah Youngblood, Janice Miller Legal notice of the public hearing was published in The Herald, Saturday, November 3, Notice was posted on all property considered. Adjacent property owners and residents were notified in writing. 1. Call to Order Chair Matt Crawford called the meeting to order at 6 p.m. 2. Approval of minutes of the October 16, 2018, meeting. Mr. Antrim noted a correction to be made under agenda item 3, changing minutes to orders. Mr. Antrim made a motion to approve the minutes as corrected. Mr. Cullum seconded the motion, and the motion passed unanimously by a vote of 4-0 (Smith, Reeves, and Sturgis absent). 3. Approval of Orders from October 16, 2018, meeting. Mr. Antrim made a motion to approve the orders as distributed. Mr. Sutton seconded the motion. The minutes were approved unanimously by a vote of 4-0 (Smith, Reeves, and Sturgis absent). 4. Appeal Z : Request by Kristen Rodriguez of Momma s Place for a special exception to establish a restaurant serving alcohol use at 2210 India Hook Road, Suite 101, which is zoned Neighborhood Commercial (NC). Tax map number Staff member Melody Kearse presented the staff report. Mr. Antrim asked how long the current restaurant had been in business. Ms. Kearse stated approximately 6 months. Mr. Antrim observed that as it had been in business for that length of time, there would have been complaints by now. Ms. Kearse noted the space had been a restaurant use for a number of years. Mr. Crawford asked if the special exception would apply only to Suite 101 or to the rest of the parcel. Ms. Kearse stated it would only apply to that suite and other requests would have to go through separate analyses. Ms. Kristen Rodriguez, 2210 India Hook Road, Suite 101, applicant, was available to answer questions. There being no questions or comments, Mr. Crawford closed the floor for Board discussion. Mr. Cullum presented the motion to approve the special exception as presented by staff. Mr. Sutton seconded, and the motion carried unanimously by a vote of 4-0 (Smith, Reeves, and 1 P age

4 Sturgis absent). Mr. Cullum presented the findings, specifically noting that the use would comply with the use specific standards regarding hours and outdoor seating, that it is compatible with the surrounding area, and the use would have minimal impacts to the surrounding area. 5. Appeal Z : Request by Billy G Kimbrell of Auto Brokers for a special exception to establish a recreational vehicle sales use at 509 N Anderson Road, which is zoned General Commercial (GC). Tax map number Staff member Dennis Fields presented the staff report. Mr. Sutton referred to the site plan and asked if there would be a limit on the number of RVs depending upon the space available. Mr. Fields stated there would be a limit and they would be subject to the requirements of the site plan submitted. Mr. Billy Kimbrell, 317 Breckenridge Place, applicant was available to answer questions. There being no questions or comments, Mr. Crawford closed the floor for Board discussion. There was general discussion that the requested use was an accessory use to the existing use and would have minor impact. There was brief discussion over the number of RVs allowed. Mr. Fields indicated the fenced-in area at the rear of the site to be used for the storage of vehicles on the lot. Mr. Antrim asked Mr. Kimbrell if RV repair was part of the business. Mr. Kimbrell stated he would only have RVs for sale, adding that there would be only 4 or 5 on the lot at one time. Mr. Antrim presented the motion to approve the special exception as presented by staff. Mr. Sutton seconded, and the motion carried unanimously by a vote of 4-0 (Smith, Reeves, and Sturgis absent). Mr. Antrim presented the findings, specifically noting the use complies with the use specific standards, there would not be a public address system, there would be no test drives on residential streets, there were parking spaces available, the design had no adverse impact, the use was located on a major road, and a site plan had been submitted. 6. Other Business a. Adopt 2019 Calendar Ms. Kearse presented additional information regarding 2019 calendar dates. Mr. Crawford asked for confirmation of the November Thanksgiving date. 10. Adjourn. There being no other business, the meeting adjourned at 6:25 p.m. 2 P age

5 Zoning Board of Appeals Order Z The Zoning Board of Appeals held a public hearing on Tuesday, November 20, 2018 to consider a request by Kristen Rodriguez of Momma s Place for a special exception to establish a restaurant serving alcohol use at 2210 India Hook Road, Suite 101, which is zoned Neighborhood Commercial (NC). Tax map number Board members in attendance included Matt Crawford, Keith Sutton, John Antrim, Rodney Cullum. After consideration of the evidence and arguments presented, the Board voted to grant the request based on the following findings of fact: 1. The site may be identified as 2210 India Hook Road, Suite The property owner is Roger J and Kathryn C Troutman. 3. This property is zoned Neighborhood Commercial (NC). 4. The request was for a special exception to establish a restaurant with alcohol sales use. 5. The request was advertised to the public according to state law and the City of Rock Hill Zoning Ordinance. The following public notification actions were taken: November 2: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 2: Public Hearing notification signs posted on subject property. November 3: Zoning Board of Appeals public hearing advertisement published in The Herald. Information about the application was posted on the City s website. 6. Staff did not receive any public feedback from the adjacent single family tenant or property owner. 7. During the public hearing, the following comments were heard by the Board: Staff member Melody Kearse presented the staff report. Mr. Antrim asked how long the current restaurant had been in business. Ms. Kearse stated approximately 6 months. Appeal No. Z Momma s Place, Restaurant Serving Alcohol Use 2210 India Hook Road, Suite 101 Page 1

6 Mr. Antrim observed that as it had been in business for that length of time, there would have been complaints by now. Ms. Kearse noted the space had been a restaurant use for a number of years. Mr. Crawford asked if the special exception would apply only to Suite 101 or to the rest of the parcel. Ms. Kearse stated it would only apply to that suite and other requests would have to go through separate analyses. Ms. Kristen Rodriguez, 2210 India Hook Road, Suite 101, applicant, was available to answer questions. There being no questions or comments, Mr. Crawford closed the floor for Board discussion. Mr. Cullum presented the motion to approve the special exception as presented by staff. Mr. Sutton seconded, and the motion carried unanimously by a vote of 4-0 (Smith, Reeves, and Sturgis absent). Mr. Cullum presented the findings, specifically noting that the use would comply with the use specific standards regarding hours and outdoor seating, that it is compatible with the surrounding area, and the use would have minimal impacts to the surrounding area. THE BOARD, THEREFORE, ORDERS: That the request by Kristen Rodriguez of Momma s Place for a special exception to establish a restaurant serving alcohol use at 2210 India Hook Road, Suite 101 is APPROVED. Section (C) of the Zoning Ordinance states: Any person having a substantial interest affected by a decision of the Zoning Board of Appeals may appeal the decision to the Circuit Court in and for York County by filing with the Clerk of the Court a petition setting for plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Zoning Board of Appeals is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the Zoning Board of Appeals. AND IT IS SO ORDERED. Matt Crawford, Chairman Date the Order Was Approved by the Board: Date the Decision of the Board Was Mailed to the Applicant: Appeal No. Z Momma s Place, Restaurant Serving Alcohol Use 2210 India Hook Road, Suite 101 Page 2

7 Zoning Board of Appeals Order Z The Zoning Board of Appeals held a public hearing on Tuesday, November 20, 2018 to consider a request by Billy Kimbrell, Auto Brokers, for a special exception to establish a recreational vehicle rental and sales use at 509 N Anderson Rd, zoned General Commercial (GC). Tax map number Board members in attendance included Matt Crawford, Keith Sutton, Rodney Cullum, and John Antrim. After consideration of the evidence and arguments presented, the Board voted to grant the request based on the following findings of fact: 1. The site may be identified as 509 N Anderson Road. 2. The property owner is Billy Kimbrell. 3. This property is zoned General Commercial (GC). 4. The request was for a special exception to establish a recreational vehicle rental and sales use. 5. The request was advertised to the public according to state law and the City of Rock Hill Zoning Ordinance. The following public notification actions were taken: November 2: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 2: Public Hearing notification signs posted on subject property. November 3: Zoning Board of Appeals public hearing advertisement published in The Herald. Information about the application was posted on the City s website. 6. Staff did not receive any public feedback. 7. During the public hearing, the following comments were heard by the Board: Staff member Dennis Fields presented the staff report. Mr. Sutton referred to the site plan and asked if there would be a limit on the number of RVs Appeal No. Z Auto Brokers, Recreational Vehicle Rental and Sales Use 509 N Anderson Road Page 1

8 depending upon the space available. Mr. Fields stated there would be a limit and they would be subject to the requirements of the site plan submitted. Mr. Billy Kimbrell, 317 Breckenridge Place, applicant was available to answer questions. There being no questions or comments, Mr. Crawford closed the floor for Board discussion. There was general discussion that the requested use was an accessory use to the existing use and would have minor impact. There was brief discussion over the number of RVs allowed. Mr. Fields indicated the fenced-in area at the rear of the site to be used for the storage of vehicles on the lot. Mr. Antrim asked Mr. Kimbrell if RV repair was part of the business. Mr. Kimbrell stated he would only have RVs for sale, adding that there would be only 4 or 5 on the lot at one time. Mr. Antrim presented the motion to approve the special exception as presented by staff. Mr. Sutton seconded, and the motion carried unanimously by a vote of 4-0 (Smith, Reeves, and Sturgis absent). Mr. Antrim presented the findings, specifically noting the use complies with the use specific standards, there would not be a public address system, there would be no test drives on residential streets, there were parking spaces available, the design had no adverse impact, the use was located on a major road, and a site plan had been submitted. THE BOARD, THEREFORE, ORDERS: That the request by Billy Kimbrell, Auto Brokers, for a special exception to establish a recreational vehicle rental and sales use at 509 N Anderson Rd is APPROVED. Section (C) of the Zoning Ordinance states: Any person having a substantial interest affected by a decision of the Zoning Board of Appeals may appeal the decision to the Circuit Court in and for York County by filing with the Clerk of the Court a petition setting for plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Zoning Board of Appeals is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the Zoning Board of Appeals. AND IT IS SO ORDERED. Matt Crawford, Chairman Date the Order Was Approved by the Board: Date the Decision of the Board Was Mailed to the Applicant: Appeal No. Z Auto Brokers, Recreational Vehicle Rental and Sales Use 509 N Anderson Road Page 2

9 Z Request: Address: Zoning District: Applicant: Variance to the locational requirement for an accessory structure, the minimum required front yard setback, and the minimum required setback for an accessory structure to a primary structure 806 Morningside Dr. Multi-family Residential-15 (MF-15) James Brown

10 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: December 18, 2018 Requests: Address: Variance to the locational requirement for an accessory structure, the minimum required front yard setback, and the minimum required setback for an accessory structure to a primary structure 806 Morningside Drive Tax Map No.: Zoning District: Property Owner: Applicant: Multi Family-15 (MF-15) James E. & Terri Brown 806 Morningside Drive Rock Hill, SC James E. Brown 806 Morningside Drive Rock Hill, SC Background Variance to locational requirement The applicant, James E. Brown, purchased the residence in December of He wishes to add a carport, and position it against the front wall of the home, removing an existing landscaped area in the process. The Zoning Ordinance provides that accessory structures must remain behind the front plane of the primary structure (the home). In addition, as it pertains to metal carports, the Ordinance requires them to be located behind the front plane of the home. Chapter 5: Section (C)(1) & Chapter 9: Section 9.5.2(A)(1)

11 Staff Report to Zoning Board of Appeals Z Page 2 Variance to the minimum required front yard setback The accessory structure would also require a variance from the front yard setback in the Multi-Family-15 (MF-15) zoning district. The minimum required front yard setback is 20 feet, and if it is placed in the proposed location, the carport would be 11 feet away from the front property line, which would require a 9-foot front setback variance. (The front corner of the home is 32 feet away from the front property line. The carport, which is 21 feet deep, would be positioned directly against the front wall of the home.) Chapter 6: Table 6.6 Variance to the minimum required setback for an accessory structure to the primary structure The Zoning Ordinance requires accessory structures to be placed at least 5 feet away from the primary structure. Because the applicant is proposing to position the carport against the front wall of the home, a variance of 5 feet would be required. Chapter 5: Section (C)(1) Site Description The property is located on Morningside Drive, which is located off Springsteen Road. It is surrounded by other single-family residential uses except for to the immediate south, which is vacant. All adjacent properties are either zoned Multi-Family 15 (MF-15) or Single-Family 4 (SF-4).

12 Staff Report to Zoning Board of Appeals Z Page 3 The property is not part of the Hallmark Glen Home Owners Association, nor are a few others along the same street. Multi-Family 15 (MF-15) Zoning District Description of Intent Although originally established to allow a wide range of medium to high-density housing types, it is the intent of this ordinance that the MF-15 district be phased out over time by not allowing new rezonings to the MF-15 district after October 12, In order to avoid creating nonconforming uses, and to allow properties that have this zoning district to develop with specific uses, the district continues to allow single-family detached, singlefamily attached, multi-family, and a few other specified uses. Analysis of Requests for Variance Required Findings of Fact Staff will base its recommendation on an analysis of the below findings. The Zoning Board of Appeals may approve a variance only upon finding that the applicant has demonstrated that all four of the below findings are met. The required findings are shown below in italics, followed by staff s assessment of each finding in non-italicized font. 1. Extraordinary and Exceptional Conditions There are extraordinary and exceptional conditions pertaining to the particular piece of land. This land does not appear to have any extraordinary and exceptional conditions that enable the requests to meet this finding. The entire lot is virtually flat, and the rear yard is large, so the carport could be located there in order to meet the Zoning Ordinance s locational standard. If placed in the rear yard, it also would have sufficient room to meet both the rear and side yard setbacks. It also would be able to be placed more than 5 feet away from the primary structure. 2. Unique Conditions These conditions do not generally apply to other property in the vicinity. This property does not appear to have any unique conditions that are different from other properties in the vicinity that relate to the requests. Other residential parcels in the area also have large backyards where a carport could be placed in order to meet the City s locational and setback requirements for carports.

13 Staff Report to Zoning Board of Appeals Z Page 4 3. Strict Application Deprives Use Because of the conditions, the application of this Ordinance to the land would effectively prohibit or unreasonably restrict the utilization of the land. If the variances are not granted, the applicant would still be able to use the home as a residence, and would even still be able to have a carport in the rear yard if desired. Therefore, the application of the Ordinance to the land does not effectively prohibit or unreasonably restrict the utilization of the land. 4. Not Detrimental The authorization of the Variance Permit will not result in substantial detriment to adjacent land, or to the public good, and the character of the district will not be harmed by the granting of the variance. Staff has heard concerns from neighbors about the placement of the carport in the front yard. Additionally, it is not common for a carport to be placed in front of a dining room window of a residence where an existing landscaping bed was designed to be located. The carport is likely to look out of place for this reason, and result in some detriment to adjacent land and to the public good. Not Grounds for Variance Variance requests cannot be based on the ability of the land to be used more profitably if the requests are granted. In this case, the variance requests are not based on the ability of the land to be used more profitably if the requests are granted because the land would continue to be used residentially. Public Input Staff has taken the following actions to notify the public about this public hearing: November 30: Sent public hearing notification postcards to property owners within 300 feet of the subject property. November 30: Posted public hearing signs on subject property. December 1: Advertised the Zoning Board of Appeals public hearing in The Herald. Staff has heard from a couple of neighbors in opposition to the variance requests, and expects others to attend the public hearing. They have expressed concerns about the location of the carport in the front yard, and how that would look, when no other homes in the area have carports in the front yard.

14 Staff Report to Zoning Board of Appeals Z Page 5 Staff Recommendation Staff does not recommend approval of any of the requests for variance because staff does not view the requests as being able to meet the required findings of fact. In summary: The land is virtually flat and has adequate room in the rear yard to place the carport. Therefore, the land does not have extraordinary or exceptional conditions that necessitate the variances. The property is similar to others in the area, which also have large rear yards where the carport could be placed. Therefore, the property does not have unique conditions with respect to the requests when compared to similar properties in the vicinity. The applicant would still be able to use his home, and even to have a carport in the rear yard if desired, if the variance requests are not granted. Therefore, the strict application of the Ordinance would not effectively prohibit nor unreasonably restrict the utilization of the land. Because no other carports are located in front of the primary structure in this area, the location of the carport in the front yard here would likely look out of place within the surrounding residential context. Additionally, neighbors have expressed concerns about its location there. For those reasons, is likely that the carport would result in some detriment to adjacent land and to the public good if placed in this location. Attachments Application and supporting materials Zoning map Staff Contact: Shana Marshburn, Planner I shana.marshburn@cityofrockhill.com

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23 HOLDCROFT LN M F FAVERSHAM LN DANSINGTON AV BECKWORTH AV MEADOW GLEN LN Legend Z Single-Family-4 (SF-4) MORNINGSIDE DR Multi-Family-15 (MF-15) Subject Properties Zoning Data Current Zoning MF-15 S F - 4 µ Feet F - R Planning & Development Department City of Rock Hill 12/18/18