Board of Zoning Appeals - Regular Meeting

evening and uh happy new year. Um welcome to the the city of North Myrtle Beach's Board of Zoning of Appeals January 2026 meeting. I'd like to go ahead and call the meeting to order and if we can get a a roll call. Chairman McGonagal here. Andy Thomas here. Mendle Bell here. Joe Reeves here. Cynthia Lover here. Wyman Wise here. Melissa Wobbler here. You have a quorum. Great. Thank you.

All right. Um let's go ahead and uh if we could take a second to review the December 11th meeting, 2025 uh minutes. If we can get a motion to approve those after reviewing. Motion. Got a a motion from Miss Wilbur. And do we have a um do we have a second? Second. We have a second from Mr. Bell. Any discussions?

All in favor? I. And I'm abstaining. I wasn't here at the last meeting. Thank you. Um All right. Um, Miss Dawn, if we could swear in the uh in anybody that's planning on speaking today, if uh you can rise and we're going to get you all sworn in. All right. If you can stand and raise your right hand, do you solemnly state under penalty or perjury that the evidence that you shall give in this matter shall be true, the whole truth, and nothing but the truth? Yep.

All right. Thank you, Miss Snder. And any communications, Mr. Cowwell? Any communications? No, sir. Thank you. Um, all right. We'll move on to the first item on the agenda. We've got item number one with BZA 25-40, an application by Roger Roy for a 15 foot front yard variance and a 10-ft side yard variance for a pro proposed residential project at 6810 Water Tower Road Zone medium density residential in the R2 district. Mr. Roy.

Thank you, Mr. Chairman. You're welcome. This is a piece of property that's on water tower road that is two lots are going together to make one project out of those two lots. Uh there is a 20ft easement that or that we've given that has been given to the city for the road widening. There's a 35- ft setback off the road to start with for this project on water tower road. So the front yard we're asking for a 15 foot exemption or reduction in the setback due to all the that's there in front of it because it's butts that road which is along the back fence of barefoot. The sideyard setback deals with a flag lot that is there. That flag lot is essentially a driveway that goes back to a cell tower. So asking for that 10T on that side would not be injurious to the owner that's next to it because it's essentially a driveway to go to a a cell tower. The property on the north and east side is filled with wetlands and with that wetlands also requires a setback or a buffer as well which then further limits the size of the property. So it's unique in that fact that the lot that's there is different in shape than the other lots that are on that road and it's two lots together. There is another town home project going up to the west of the flag lot as well. So it's the type of development that's going on. This is going to be an over 55 community with amenities and everything else that go along with that community. So what the developer is asking for is that front yard setback to be limited by 15 ft. Even though you've got 35 plus another 10 ft, you'll have 45 ft from the roadway to start with for that buffer. And then on the other side there's a 50 basically a 30-foot flag lot going back in which those buildings will be placed against that. There will be real estate or be a a buffer there for vegetation and shrubs

and the like. And then also all that green space is going to be around for the wetlands and the additional you know landscaping that has to be put by that wetlands as well. So those are the reasons it does not injurious to anybody out there. The lot is a little different than the other lots that are out there within the city limits. Okay. Any questions for Mr. Roy? So, realistically, you're just asking for kind of a landscaping buffer. Really? That's it. That's it. You're not going to build outside that setback. Just a landscaping buffer. Nope. Okay. So, and you're saying there's a 35 foot roadway

um setback. If you'll look at the plat that's in your packet, there's a 35 ft and that's what's required there because the road in Water Tower Road, the city's going to expand it at some point in time. So, I'm assuming as these lots come in, there's going to be easements signed with the city that will allow them to expand the roadway to make another lane out of it. That's what my question is. So, if they do make the road wider, then how close is the building going to be to the road? So, that that road, if they add a lane on one side of it, of course, it's going to be a 60oot rideway. So 15 more feet would go and you would still have 30 ft left. So the building would still be 30 ft from the road if they used up the whole

the set the landscape buffer. There's still another 10 ft there. So you would still have an additional 10 ft in that buffer as well. Okay. So if they expanded the road as wide as they could expand it, how much space would be between the the pavement and the building? 25 ft. Okay. Thank you. Any other questions from M Mr. Roy? Which is stand that's standard for R1, right? 25 foot. Okay. It's it's what the normal setback is is 25 ft for the front. 25 ft. Right. Yeah. Okay. Any other questions for Mr. Roy?

Okay. We hear from the city. Uh, potential Roger Roy has submitted an application for a 15- ft variance of the required 25- ft front yard setback and a 10-ft reduction of the required 20ft sideyard setback at 6810 Water Tower Road Zone medium density residential R2 district. The proposed residential project has a project setback of 25 ft in the front and 20 on the sides. This is land that will be owned in common. Commonly owned projects feature perimeter project setbacks and the homes and buildings within have in lie of setbacks minimum separations. Staff recommends that the board review the variance application and attached plot plan here. The evidence presented at the meeting and review section 2319.

Thank you, M. Cwell. You're welcome. You know, as I so everybody else understands this as well, even myself, but you know, I called you earlier about to ask what the what was the ramifications. Give me what? Give me those numbers again because I just wanted to make sure I got those numbers right because they they the developer already conveyed how many feet for the they haven't conveyed it yet but it it will stay private property until with time the city is going to widen the road and then he will convey it to the city. Okay. And how many how many feet was that convey? I I gave you a drawing though. I did. That's what I was and

I know that's what I wanted to make sure I just understood the uh make sure we have the correct math. was an earlier version that showed the 35 and the and a 20 set back the front. It's since been reduced to 15, but there's 35 foot wide um strip of land that will be conveyed. Conveyed. Got it. That's what that's we were just concerned. I think that was one of the big questions everybody had making sure that they had enough room for it widening the widening it.

Yes. My concern is more so if they widen the road as wide as they can ride it, that people that would buy one of these piece one of these town homes now thinking that they had um some seclusion from the road and traffic noises that later on they wouldn't get a rude awakening and have a road right outside their bedroom window or right outside their window. So that's my my concern is how far away if they do the road as wide as they can do it. How much protection will the buyers of these condos have from from the road? Would that not be in the deed when they buy?

Probably not. Um it's all in common. It's commonly owned. Um so we don't have a cross-section of what the road may look like in the future. So I don't know if it's possible to answer that question. Um, but I assume a 12 foot 13 foot wide lane and um then additional right ofway to the property line. Mr. Roy said he thinks that the building itself would then be 25 ft from the road. Do you think that's accurate?

I I I would think that um if he reduces the front yard set back to 15 and the roadway width is only 12 to 14t wide, there would be more than that. Okay. because you got you have a 15 foot landscaping buffer already plus an additional 35 ft which is 50 ft. So you're saying a 12 to 13 off of that 50 ft. Mhm. That's just a guess without having a cross-section of proposed right ofway. Okay. Mr. Roy, you got a second? This was to address Miss Lover. This is not these are not going to be sold. This is going to be a project in which they're going to be rented. It's an over 55 community. It's going to be a rental community.

Okay. So it's not the only person that's going to own it is KT or whoever their successor may be. That's correct. Okay. So the people that would be living there, they could move in and if they didn't like the noise from the road, they could move and they wouldn't have any reduction in their property values. Exactly. Okay. Okay. Good question. Any other questions for Mr. Roy or the city? So that just to make sure we're all on the same page, that still will leave about a 35 foot buffer if you did the expansion of lane, right? Approximately. Yes. Okay, that's still not bad. Mhm. To the front front of the house. Okay. Yeah. Well, I feel better just cuz knowing that it's not going to be an individual owner that somehow finds out

they didn't, you know, 10 years from now or 5 years from now they didn't get what they thought they were getting. Any other questions for the uh city? Any questions for uh Mr. Roy?

Is anyone prepared to make a motion? I'll make a motion. Um I move that the board grant variance BZA 2540 um with a 50ft front yard variance and a 10-ft side variance. Um because the applicant has demonstrated an unnecessary hardships. Specifically, there are extraordinary exceptional conditions pertaining to the particular piece of property. Uh to me that not only the shape but the wetlands on taking up one side um makes that you know It could even be used, you know, is that a can you use the whole thing for that? Uh, these conditions do not generally apply in other properties in the vicinity. Because of these conditions, the application fatally prohibit or unreasonably restrict the utilization of the property. The authoration of the variance would not be substantial to the detriment to adjacent properties or the public good and the character of the district would not be harmed by granting of the variance. uh believe Miss U took care of that. Um so I believe that's what I got.

Want to I want to clarify it's a 15 foot variance, not a 50 foot variance, right? Yeah, that's what I say. I read it right 15 foot from the front. Okay. Good. Do we have a second? Second. Okay. And I've Is there anyone here that wants to speak on this project? I got a little ahead of myself on that. No. Great. Thank you. We've got a a motion by Mr. Wise and a second by uh Mr. Thomas. Any other discussions or questions? All in favor? I guys have it. Great. Thank you. All right. We'll go to uh on

Let's go to item number two on the agenda. We've got BZA25-41, an application by Jared uh Roberts to remove a multi- trunk tree at 1603 Hillside Drive South. Mr. Roberts, good afternoon everybody. Hello. How are you? Um it's a 50 foot wide lot and the cedar tree in question is center front of that lot, making it kind of prohibitive to work a driveway. And we've also got some utilities that need to come across that front that are even if the tree was saved, the Santi Cooper is going to butcher the root system and kill it anyway. So,

right. Mr. I should have taken a picture of it. Do you have a p Do you have a picture? I know. Well, and it's like you said, it's right in the middle of the lot. That's what the I was trying to figure out how the Cuz you had the two lots right there. Correct. Yeah. Correct. Yes, sir. Um, so my question is the lot in the rear, right? I mean, there's a lot there's a lot, but there's a foundation laid out. Not that lot, the lot behind it. Right. There's actually where that foundation is, there's two additional lots to the right of it, and it's the one to the far right. So, the tree itself is on Hillside, correct? It's not the one in that front corner of Hillside. And no, ma'am, that is being saved. Okay.

That one will always be there. Okay. That's on a different lot. faces hillside, right? Yeah. Uhu. Correct. Yes, sir. With this, it was one that Yeah, you got the one picture. So, it was the only one that had the split tree. Yeah, there's three trees. There's three lots there. Yes, ma'am. Correct. Okay. And I don't see any trees on there now except those ones around the fringe, which that one you say needs protected. Yes, ma'am. The one that was on the front, it was close to the street, correct? Yes, sir. And it was a double. Correct. That's I want to make sure it was actually got three. It's got a third little coming off of there. Yeah. Coming off. All right. Any other questions for Mr. Roberts?

All right. Give a second. We're going to hear from the city. Thank you. Petitioner Jared Roberts Roberts has applied to remove a tree in excess of 24 in at 1603 Hillside Drive South. The tree is a 28 in multi- trunk. Trees exceeding 24 caliber in shall only be removed upon approval by the board. The board is charged with setting a suitable tree replacement schedule. The city council has also approved a tree bank where individuals can pay $300 per caliber per inch of required planting. Staff recommends that the board review the variance application, hear the evidence presented at the meeting, and review section 2368. Thank you, Mr. Cwell. Welcome.

Um gosh, there was a question I had on the uh was this is this a DOT road? I think did we see that in the uh I don't know.

Okay. On the hillside because that that's what makes it challenging when you've got they kind of dictate where it's at and this thing happens to be in the middle. So, um any questions for the uh city? Any questions for Mr. Roberts? Anyone? Is there anyone here that would like to comment on the uh tree the about the tree or the slot? Great. Thank you. Anyone prepared to make a motion?

I'll make a motion. Go ahead, M. Glover. I was going to make a motion that we uh we grant the variance u BZA25-41 on the grounds that there's a hardship um with the location of the tree that's there and approve the variance with a requirement that he replace uh 14 in of trees on that lot that they be even though it is a cedar you're taking out that you replace it with hardwoods or pay $4,200 into the tree bank or some combination thereof. of but only on that lot. Not somewhere. I know you own a lot of property, so no not somewhere else in the city, but just put some green put a tree back on that lot or 14 inches of trees.

Okay. Is um we got a motion by Miss Lover. Is there someone prepared to make a second? I'll second. Got a second from Mr. Reeves. Any disc uh discussion?

All in favor say I. I. I have it. Great. Thank you. Um, next item on the agenda, we've got number item number three, BZA25-42, an application by William McFall to exceed the maximum signage allowance for an under construction 24,900 ft family dining and entertainment facility at 367 Highway 17 South Zone Highway commercial in HC district. Mr. Is Mr. McFall here? Yes, sir. Come on and introduce yourself and uh tell us about it.

Bill McFall, thank you for your time. Um, as you just described, we're building a 20 5,000t restaurant on a 2.75 acre lot in North Myrtle Beach. My understanding is the signage is limited to 150 square ft. Our project is going to include um a beverage and dining component. There's a bowling component, arcade component, and mini golf component in the front of the property. What we're asking for, and I submitted um schedules for each side of the building or three of the sides of the building, as well as a pylon sign. So, we're looking for a variance to exceed the uh 150 square feet based on the number of uses within our venue and then also the sheer size of the project. Additionally, when we were going through our original um um zoning and planning uh approvals, there is a significant live oak in the center of the property. um preserving that tree affected how we could lay out the building. So the building is pushed um I get so confused with north to south in uh North Myrtle Beach, but south is towards the beach. I believe north is towards the highway. So the building sits north south on the farthest west side of the property. So with that, our our our potential visibility is impacted s significantly, but we were happy to save the tree. So therefore, we've submitted a signage package to try to promote the different uses on the property um and um basically compete with our neighbors that there's a ton of signage up and down 17. So, we're looking for exposure

and trying to capitalize on on the size of the the building, the project, and the the lot itself. And as you know, if we were to put a commercial building and carve it up into I guess we could get maybe up to 10 spaces, then my understanding is each of those spaces would be allowed 150 square ft. So it would on the same lot it would exceed uh the the 150 that we are allowed. So what is the amount of the variance you're looking for?

Um actually it depends. I'm not quite certain and I couldn't get a clarification about what's included in signage in um we currently operate restaurants in Delaware uh Maryland and Virginia. Um, three of those are alioops concepts. And in each jurisdiction, it's a little different as to what they calculate as signage. So, if you look at our package, there's a a Jeep Woody vehicle that is viewed as artwork in some jurisdictions. So, I'm not quite sure within the um the schedules that I presented, each of the signs, uh, the size of them is delineated. So, for instance, if you were to look at the east elevation signage, that woody car is 20 square feet. There's two of them on that elevation. So, I'm not sure if that 40 counts or not, but if on that whole east elevation, if you were to add up the five signs included there, of which two of those are a Woody sign, and then we have Dineb Play, that includes a fork and knife, a bowling pin, um a tropical drink, and a golf green. uh all of that adds up to 250 square feet just for that elevation. And then similarly, it's spelled out um specific to each component of signage on each elevation, each of the three elevations as well as the pylon. Thank you. Any other questions for Mr. McFall? Does this sign light up?

Uh, yes. They're all back lit. And you'll have a digital component as well. I'm sorry. You'll have a digital component.

Yes. On the pylon sign. So, there's a separate submission for the pylon sign. And that sign is about, again, I'm not sure if all the artwork is included, but if you were to take, and actually it's a it's an odd shape, but if you were to just take the the width dimension and the height dimension, it's 130 square ft, but of course the corners are are cut out given the sign. And then the EMC sign is 5'3 by 9'3, so an additional approximately 50 square ft. Great. Any other questions from Mr. McFall? Great. Thank you. We're going to hear from the city and and we'll be back to you.

Commissioner William McFall has submitted an application for a variance to increase the allowable square footage of signage at the under construction alleyoops being built at 367 Highway 17 South within the highway commercial HC district. The sign ordinance allows up to 150 foot of signage on this lot. The applicant is asking for approximately 756 square foot of building and freestanding signage combined. Staff recommends that the board review the variance application, the attached drawings, and review section 233610E. Great. Thank you, Mola. Welcome. Any questions for the city?

So, Ben, how much um of a variance is he asking for? He can have 150. He's asking for a 66. He wants a 606 foot variance. Mr. Carwell on the the face of the buildings. Mhm. We're not factoring that. We've got that plus the 15 plus the 150. Correct. I'm sorry. Could you repeat yourself? The line the linear space of the buildings. And what is the what is the uh the ordinance allows one square foot per linear foot not to exceed the 150? Oh, not to exceed the 150. Yeah. Including the freestanding sign.

Oh, really? Okay. But this is a this is a 25,000 foot building. Yes. Just under 24 I believe it's 24,900. Yes. 25 150 square foot of sign for 25,000 foot building. I mean that's I'm actually doing the math. If you took that

a lot. If you took the his size of his building and you put 2500 foot units in there, you could put up to 1,470 square foot of signage on that property legally in each space that a tenant occupied. And to top it off, he is correct. He turned the building and saved the tree in the middle of the of the lot. So, which reduces his ability to have signage. So, uh, because it's not it's not fa face forward towards the street, you know. So, I'm not I agree with him 100%. He's he's got some headwinds. Another question. Speaking of the tree, what about the other smaller oak trees that are in the parking lot? What do you plan to do with them?

That's a good question. If you look at them, quite a few are fairly gnarly. Our intention is to try to trim them up and save them, but if we were to take them down, my understanding is we'd have to replace them. I saw some some did look dead. Some look like you've trimmed them already. Uh we have not. Okay. Somebody did. Okay. Uh Mr. Cowwell, what's your what's the city's position on the pictures? Like the picture of the bowling pin. Is that considered a sign? Al artwork is considered a sign. It's artistic in nature, but we do consider it a sign

even though it doesn't have a word. The logo for the company is is the Woody it seems to me and it's in the freestanding sign. So yes, we would count it as a building mounted signage if it repeats itself on the building. You would include it in what? In the building mounted pre square footage. Okay. Allowed. So what about the bowling pin and the Well, there's bowling on site, there's drinks on site, and there's golf on site. So you would count them all. Okay. If it was like a beach scene painted on the side of the building, we wouldn't consider that signage because it doesn't have anything directly to do with the business. That's what I was wondering if they a what do you call it when they have I think I can't think of what the word is when they have it painted on the sides of the buildings.

Murals. Murals. Yes, murals. Thank you. Having one of your Yeah, we're losing. Are you guys is city council exploring this for any future? Because I mean some of these buildings are big in nature and 150 square foot sign is not big for a a a building of that size. You're right. You're right. If you look at the side elevation of the building, it look doesn't look like a lot of signage on that building. It doesn't on the front either. Uh the Mr. Chairman and I were discussing that same thing today earlier about possibly looking at increasing the size of the signage based upon the size of the building. Sure.

I mean, you almost wanted to be proportionate to the building anyway. Yeah, that's common. That's common sense. Yeah, absolutely. And I think it's you've mentioned it in past as far as the uh not not a variance, a special exemption. Special exception. Exception. Yeah. Yeah. Special exception. Yeah. Mr. Cow, is that something I mean, Mr. Ka, Mr. scenario. Is that something we could look at for for cuz we're ending up with, you know, like we've got this this could have been a 2,000 foot or a,000 foot building and they get 150. You got a 24,000t building uh that we want to be successful in our community. Um is there something we can look at to to We can certainly talk about it. Yeah. Yeah.

You know, and then we get guidance from like you said, I mean, Mr. real actually throwing out there how many square footage the square footage they have in comparison we find a reasonable amount like I feel like this is as reasonable you could do with signage it's not a overloaded it's it's a big building and they want to bring people in right okay I don't I don't have an issue with

yeah any uh other questions for the applicant any questions for the city is uh there anyone that wants to speak on this issue Is someone prepared to make a motion? Before somebody makes a motion, I would like to say that um you know I think you all are right in what you're saying about the p the ratio of the signage to this size of the building and I agree with you know where y'all are going with that and whoever makes a motion I would like you to include as part of the motion if you were to make a motion to approve it that uh they'd be required to leave the existing trees in the parking lot that are alive and well.

Okay, as part of the mo as part of the motion. So, uh, that could be a condition. We can put conditions on variances when we make motions and when we approve them. And I would like to see that be a condition of any variance that we approve that the existing viable trees that are already in the parking lot be required to leave there. And could I ask you a question? What? Um, I should have taken a better look at them this morning while I was there, but when you say live and well, can there be some kind of process of replacement? Yeah. Yes.

Talking about the the ones you were talking about that are probably dead and the arborist can tell if they're dead. I think you're working out with the city. Why don't you make the motion because we can replace you could tell them what what you want to replace on those trees if they are dead. Well, they have to how many tree how much landscaping do they have to have on that property? Have to one tree per 25 linear feet around the perimeter, one tree in every end island of a parking space bank, and um one shrub for every 10 linear feet. I'm not sure how I would word that. That's why I was asking whoever was going to make the motion to do it because

there are existing trees on the site and some of them were slated to be saved, but I believe the reorientation of some of the parking lot doesn't allow for all of them to be saved. I'm sure he's probably going to meet whatever you know meet the requirement particularly if it's dead to pivot and you know work with the city to meet those requirements. would say that the existing trees that he existing trees that are left would the inches would be contributed to the total trees that have to be on the site or something. I mean landscaping count towards the total total caliper inch requirement.

I would definitely just make sure you include the the tree that they rearrange the building for. You know, I mean that's the main that's that's a beautiful tree sitting right. Yeah, it is. Yeah. Yeah. So that's one and I appreciate that he wanted to save it and yeah and I believe and correct me if I'm wrong Mr. Caldwell but I believe there's already a planting plan associated with the the project there is. So I think there's requirements within that plan that if something's removed it's replaced.

Yes. The the old business that was on that property uh didn't have very good landscaping but they did have a few they had one nice tree and then some smaller plants and they didn't meet our minimum standards. the new plan does. Okay. Yeah, this lover,

I'll wing this one. Um I'll make a motion we approve variance B25-42 to um allow the applicant to have um the 756 square ft of requested signage. uh based on there being a hardship that the property is very large and the building itself is very large. Um and the allow the permitted signage under the ordinance does not take into consideration um the large side of the building size of the building and the large plot of land. uh that I believe it should be more um the ratio should be better for the signage to the size of the building and that also they have uh agreed to save the large oak tree that is there which has also created a hardship with them uh on the placement of the building on the property and it's um being able to be seen by people traveling up and down Highway So I would make a motion that the variance be granted and with a stipulation that existing trees that are deemed to be alive and well uh must be retained and they can be counted towards um his landscape requirements. The landscape requirement that's already in place.

Great. Thank you, Miss Lover. Got a motion by Miss Lover. Do we have a second? Second. Got a second by Mr. Bell. Any discussion? Those in favor? I. Any opposed? The eyes have it. Thank you. Yep. Thank you.

All right. We're going to go to the next item on the agenda. We've got item number five, BZA25-44, an application by Derek Deante for a variance to place or have a a constructed a metal building that exceeds the allowance for a freestanding garage at 1502 26th Avenue North zone low density single family residential in the R1 district. Sir, one skip one. Skip one.

Oh gosh. Thanks. Thank you. Thank you. Apologize for that. Uh item number four, we have BZA2-43. We have an application by Robert Bae for a variance to place a storage building in one of the two front yards at 2410 Douglas Street zone mo mobile manufactured in the home uh residential R3 district. Mr. B. Yes. Thank you guys.

Yes, sir. Um yeah, so when I the I guess you guys count my house as a double front since it runs between um Douglas Street and Bryant Street. So the back what I call the backyard is a fenced in backyard and I there was an existing shed when I was purchasing the home that was falling apart and it was rotting. The roof was caving in on it. So we took it out and I want to put a new shed back in there so I can and behind the fence, the existing fence that's already there. So, I'm asking for a variance to be able to put a portable building in the backyard. What I call the backyard what on the Bryant Street side. Okay. Behind the fence. Great. Thank you. Any uh questions? So, your hardship is you have two front streets, right?

Yes. I gotcha. Okay. Thank you, Mr. Bell. Any other questions for Mr. Bay? Give us a second. We're going to hear from the city. We'll be back to you. Thanks, Petitioner. Robert Ba has submitted an application for a variance to place a storage building in one of the required front yards at 2410 Douglas Street. The petitioner would like to place a storage building in the yard closest to Brian Street. The ordinance requires an accessory structure to be behind the setback line for double frontage lots. The petitioner is asking for the building to be closer than the 20ft setback requirement.

Great. Thank you. Thank you, Miss Corwa. Any questions uh for Mr. Cowar or the city? Uh, make sure we got any questions for the applicant. Any questions? Any uh does anybody want to make a comment from the uh on this issue?

Great. Thank you. Maybe just to explain to the folks in the audience that so maybe that's not clear that they understand what we're talking about if if you all are interested that when you have a a lot and it has a street behind it and a street in front of it, you don't have a backyard under the ordinance. So you have two front yards and when you can only have um certain things like swimming pools and sheds and garages and backyards. Um, so they have to get a variance because they only have two front yards technically. So the applicant has two front yards. That's his hardship. And let

Okay. Thank you. So that's what we're considering. Great. Any other questions? And and Miss Lever, thank you for explaining that to the audience. Um, any other any other questions? Any other any other discussions? I'll make a motion, Mr. Chairman, if that's okay. Yes, Mr. Bill.

I move that the board grant variance 25-43 because the applicant has demonstrated unnecessary hardship. Specifically, there are extraordinary and exceptional conditions pertaining to this particular piece of property given the fact it has two front yards. These conditions, they do apply to the other properties in the vicinity. Because of these conditions, application ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The authorization of the variance would not be a substantial detriment to adjacent properties or to the public good given the fact there's already a structure on that side of the street as well on the house next to them and would be wouldn't be harmed by the granting of the varants.

Great. Thank you, Mr. Bell. Any do we have a second? I have a second for Miss Wler. And any other discussions? All those in favor? I. Any opposed? The eyes have it.

Great. Thank you. All right. We'll try this one again. Uh item uh number five, we got BZA25-44 application by Derek uh Deonte for ad variance to place or have constructed a metal building that exceeds allowance for a freest standing garage at 1502 26th Avenue North zone low density single family residential in the R1 district. Mr. Deonte. Hi everybody. Hey. How about introducing yourself for the record and uh tell us your story?

All right. My name is Derek Deupont. Uh, my story is I basically bought a double lot up on 26th Avenue. I put my house on the left lot, things that I'd be able to put a garage on the right side. I went to Mr. Burton. I had him draw me up building plans for that other lot to put a building on. I was under the impression that it was a 960 ft uh building I could put up there. I guess it came down to it's 30% I guess of the gross living space if it's over 625 ft. Uh so basically what my hot chip is I have we're p the outdoor people all the time I as you tell by my property we have two outdoor campers. I have two boats underneath my house. I have no no privacy underneath the house like sound deadening from the road or anything else and I have no place to store the stuff that I have. So I guess I'm allowed to have a 25x 25. So, my variance, what I'm looking for is to be able to put a 30 by 30, 5 foot deep or 5 foot wide metal building in so I can put all my equipment inside of it and give me a little buffer from the road up on uh little riverneck road. I do have plenty of setbacks in the property. I've got tons of room. It's a double lot.

I got You got a double lot, so it's pretty big big piece of property. Yeah, I'm just I said I'm just I'm just a homeowner. just I'm sure I'm out of place what I'm trying to say, but that's what I'm looking for. I don't have no experience with this. My first time ever being in one of these. Okay. So, yeah, any questions you have, I'll be happy to try to answer them, but I I thought I was doing everything the right way. I went had it surveyed, had everything done for me, and then when I applied, they they told me there was 900 if I have basically a 2,700 foot house. My house is only 1,900 ft². So, so it's limited to 625 ft of garage space, which is a 25x 25 and I'm looking to construct a 30 by 30. Okay. Are do you own a business of any kind?

No. Okay. So, you would not be using this for any not for any business purpose? No. No business at all? No. No. No. It's just going to be to put my my two little camper trailers in, my two boats that are underneath my house now, cuz I have no living space under the house now because I stole my boats underneath there. And you would be not using it for any type of living like an apartment. Oh, no. Absolutely not. Absolutely not. Absolutely not. It's just to store my pro. It's basically to clean up the yard. I just don't like having all the cuz we're right on Riverneck Road. A lot of people going by it and just the sound. I feel the building might be able to deaden some of the sound coming in. Give G give as you see that side's my exposed side of the house in the basement underneath the house.

I know it's not typical the typical way to do it, but I don't know how to explain what I'm looking for. Your house is currently how many square feet? It's somewhere around 18,900 foot. That up just that's up that's living area that you live in. Uh I think heated living they say is like 1,600. They count the I'm counting the decks and all cuz the the foundation is 36 by 40 or four I think. So just out of curiosity, if you had closed in the underneath of the house, you'd have a two-story house. How much living space would you have? Oh, I'd be at 3600 3700 somewhere in that area. Yeah, we double.

Is there any other questions for the applicant? One more. If we were to tr approve it, would it interfere with that tree that's on your property to the right? Not at all. I I wasn't sure if you guys came over or not, but I did stake out the property. So, right where my red truck is in the picture, I like you guys can see that video, too. Very front corner. It's going to be 15 ft off where the front corner of the house is. It's I want it being even with the front of the house. That gives me all the setbacks and from the front and the back and it's going to go back. The house is 44T ft deep. It'll go between that side window and where the back deck starts. It'll end there and come out to not even where the black utility trailer is. I still have like 25 ft before I get to the where that tree is, that big existing tree. Yeah. There'll be no no property changes coming down.

My other concern when I went and looked at it was aesthetics. You built a pretty new house, correct? I think a metal building would look like a industrial building there. I It's going to be two-tone like like the way the house is now with the black underneath. We're doing a black Wayne's coating on the bottom of it, white on top, white roof. I mean, black roof. So, it's going to basically mimic what the house shows. That's not going to look like a big If you if we granted the variance, it wouldn't look like a big ugly industrial building like a warehouse sitting right there in that residential neighborhood. No. No. I'm doing a regular peak peaked roof. So, it won't be like a flat like a regular commercial building. It's a regular peaked roof on and everything else. Do you have a drawing of what you I don't have a drawing with me, but I do have it on my phone. Okay. Can I Can I approach you?

Sure. On the projector. What's that projector right here around the corners? Huh? You got the picture? Okay. I'm going to try to get up now for you. What are they doing on the picture here? Got so many pictures in here. Karen, you have one on your phone quicker. The black I have it. It's not the right colors. Um Karen Derek's one, but so it doesn't have the right colors, but Yeah, that's the same building. See, it's black, so you can't really see it.

Yeah, it'll be black on the bottom school. So, it be up like 4t black. Then it'll be white the rest of the walls, black trim around the door. Uh black a white doors, white side door like that one. And then the top will be just a black roof. So pretty much mimic what the house colors look like. It's just not going to have three garage doors. No, it's only two. I don't know where that What's that from? I don't know. That's the permit that you That was the original one that they said no to. That was the 960 ft one. And then we There should be one that we drew on to it, but V I can go back to Harry to draw the other piece onto it. It should have been a double one and that's it. It's a 900 foot. that house, that building there was a 960, but that was my original impression that I was able to do 960, but then I resubmitted. Where's the paper?

There should have been another one with the with the 30 by 30 garage submitted. Oh, so you don't want to build 960, you want to build 900 now? Yeah. Oh, if if I can do 9, I do that, too. Nothing has been purchased. I'm just looking for the permit before I start ordering with the pieces that I need. So, yeah, if I can do a 96, it would be 24 ft deep. That's what Harry Burton did design for for the lot on all the original setbacks. But then I was told the max in North Me Beach is 900 if I had a 2700 foot house. I heard that's what the biggest that you guys allow is 900. Right.

So 960 would be even above and beyond cuz that's ideally would have been a three but that's when he said oh no you can't do the max is 900 if it's 30% of your gross living space. So that's why I put the variance in trying to get the extra 5 foot depth to do a 30 by 30 to give me the nine because the four things I won't that I'm looking to fit won't fit in a 25 by 25. I just physically can't get the stuff inside. But a 30 by 30 I can get those four pieces of equipment inside. But if it's attached to the home it's is there a square footage?

It's an addition. It's an addition. Is there a way you can attach it to the house with a breezeway or I mean something? I I I just think that's going to be more detrimental to the to the looks of the property. I don't want to really change that. I know that's not making much sense to you guys. I just didn't want cuz if I do that now it's an additional cost getting into it. I'm like I just bought the house that's less than a year and a half ago I built the house. So I'm just trying to do something to give me some storage cuz didn't think about when I built the still house thinking you don't have a garage now. Everybody else has garages in my ne I don't have a garage so everything is outside. My grills everything are outside. Well, that's that's the only reason. Yeah, it would definitely cost more if you attached it to the house.

Oh, I know that. Yeah, I get it. I'm just But it takes away that. It takes away. That's gone. It just disappears. Yeah. You don't you don't have to deal with that. You don't have to deal with that. Yeah. Any other questions for the applicant or the city? Yeah, please feel free if you have something. I'm here to answer as best as I can for anybody. Yeah. And I want to go back on Miss Lover and actually two points. Miss Lover's point about let's make sure it looks be I mean your house looks great. look good. It looks really looks really looks good, but we want to make sure that we we put it in here. We don't want it to look like a No, no. Aesthetic wise, no. No. Aesthetic. I wanted to I wanted to match the house to look like it's uniform to it and uniform to to so like So that's what I did with the Wayne scope to match the black on the bottom, the white up top, you know.

Yeah. It's not going to look like a a flat roof commercial ugly building. And it's not used for commercial businesses, just for my storage, residential. Yeah. Cuz I don't have a garage. I would like it look more like I know I'm talking about money for you, but I'm I would like it to look more like a stickuilt building like a residential garage and less like an industrial garage cuz it's right there on the road and sure everybody's going to buy is going to see it and we don't want to this is a residential neighborhood so we don't want to cause any detriment to property values think and people thinking oh this is you know this is an industrial warehouse sort of thing. Mhm.

Have you priced it being stick built? Oh, it's it's four times the price. It is. Yeah. I talked to my builder. It's like four times the price. Yeah. The price analy when I built my house, they were getting up to uh between 280 and 300 a square foot. $300 a square foot. Yeah. Yeah. Construction hasn't, you know, co put it up there and it's tough to bring it back down again. They're still using the supply side of it. Yeah. Cuz I I agree I agree with Miss Lober. I think aesthetically it look a lot better even if you didn't attach it to do do it stick built but you're right it it'll definitely cost more. It's not you know it's your money not my money. So and they put windows on the side of it on the

I do have windows. There's windows in it. Yeah. I think that would make it look less industrial. Yeah. Yeah. There'll be windows on regular uh windows. It's going to be a regular nine light uh regular residential door. Yeah. But I'm not using like the reg the metal doors will be a regular door. nine lights on top, regular framed in regular house door on it. The windows along the street side, I can put one on that side if you like. Well, I have one on the other side now. I just cuz I don't like being toward the street side. It's just an easy, you know, it's another way of people getting into it and and I want to be able to see that side of the building. So, I do have it designed right now just to be the window towards my side. I feel like you have a lot of room. Yeah. Although there there's a lot you have a lot of room there for it and a 600 foot one seems small

in light of how much room that you have you know proportionately like so we are not opposed to that like so we're trying to figure if we can get this first because we are we probably will request a fence in the in the very near future I'm not sure if that's something that will help you on the river neck side little neck road there I do putting a fence in I'm going to propose that a building sometime if I get okayed for the I've got a question for the city. What's your thoughts on this?

You know, we've got a house lot and then we have a whole another lot. What's What's your thought? We want to make sure aesthetically I think that's the biggest one for for me is the aesthetic. You know, you got two lots. Um, to be honest, aesthetically, I think the the longer would be actually even nice with the three garage. It really sets it apart. But I said, but right now I'm I'm going just I I was going for the bare minimum, the 900, which I know is allowed for North Myrtle Beach. I know for me it doesn't have I don't like I said, if I had a 2,700 foot house the way I I understood it, there'd be no issue. I wouldn't need those this variance because it would be 30% of my gross living space. You know, that that's that's my thing. Well,

let me hear I'd like to hear from the city their take on it on, you know, so to Mr. 's comment or Miss Lover's comment about we want to make sure it looks great for for the rest of the residents that are on those streets. I mean, I'm just thinking about it from the fact that if he if his underneath of his house was closed in, then he could have if if the underneath of his house closed in, it' be 3200. He could have 30% he could have a 900 foot, right? There's two angles in the garage. But any thoughts from the city?

And while you're talking, thinking Ben, excuse me. Oh, if we did grant the variance, his structure, would he have to get that approved by you guys? What he puts there? The aesthetics, the colors. No, but we could put we could put But we can put it in our variance that it has to be have so many windows, how many doors, how color, paint, whatever. We can put that in the variance or landscaping and landscaping or you know any any thoughts Mr. Nory Mr.

Cwell Mr. Shutters. Yeah, shutters. A great idea. Yep.

Yeah. I think I was going to say you asked for the perspective. The neighbor has a property fence that goes all the way down to here. So coming down Little River Neck Road, you're not going to see the building. Um coming the other way, the other direction, the doors will be here. Correct. Uh the overhead doors, the man door is on this side. Correct. Y and then so if you were to put a window with shutters here maybe. Yes. That would be visible from those directions. The building's not going to be visible from this direction until you get to right here. Right. Um if you're coming from this way, not going to be visible on the back side because of the neighbor's privacy fence that runs all the way.

And this on this this drawing here, this is the original one I had Mr. Burton draw. This is actually the 24x40 which is a 960 foot garage. This is the one that has the three garage doors in the front. This is a threecar garage door that that this gentleman shing.

No, I was asking for a 30 by 30. That's why when we put the permit in actually when we put in for the variance we had a different draw of a 30 by 30. This was the original with with going in and they said no you can't do 960. So then when we put it in, we did it was for the maximum that North Middle Beach allows if I had the proper living space. So for clarification, the structure that you want to put there is accurately represented by the photograph that your wife has. Correct. Well, we'd love to have the bigger one, but we were told we couldn't. But so we went with this one. It's kind of hard to say because it's black,

I think. And I'll give you a thought of on this. You know, if we make a motion and we make it so that you that the zoning make sure that the aesthetics look good and add the windows, the doors, the shutters. I think it really color scheme.

I think it needs to be satisfactory or they can come back to us. So, I think we can make a motion that it either works for the city for for staff or they'd have to come on back to us. I think they're going to have to get it approved through staff making sure that it is has an upgraded appearance. I think you made a point, whoever made the point about the window, you really like that window on the street side. Um, and the fence, let me ask a question. If he said, "Hey, I wanted to put a fence, then it hides it a little more. But if aesthetically it looks good, it if we can get it to blend and it looks good, staff's happy, I think we can we can be happy." Yeah. I I don't have a problem putting off fence if that's a stipulation. I have no problem with that. Busy road.

It's but it's a very busy road and I have my grandchildren over. I'd be happy to put like I said that is part of our plan to put a fence up on just on the riverneck roadside because it is such a main main road. The picture you showed of the metal building just now that was a black building. Your house is white. Do you play Yeah, that's not the proper No, it's going to be black Wayne's coating on the bottom and then white on top. How many feet up would be black? Uh probably four feet Wayne's cocon I think is what they they called me. I think it was four feet. Yeah, I think we're and I think give the city the the ability to approve what uh they're planning on doing. I think we've got a good understanding of I think they've got a good understanding of how we want to uh upgrade this and give it a good look.

And I would like to say the 4ft Wayne Sony is good. Everything white above 4T at least two windows on the Little River neck roadside with shutters, contrasting shutters that would go with his house. um landscaping oleander crepe myrtles august something that would sort of there's already looks like there's already a window if you look at that picture they got there on the left side that's on the house side two on the other side that's on the other side oh I see you're looking through the garage okay I'd like to see more than one though

yeah go two with shutters yeah two and the building up there is going to be white on that portion portion and then with the black shutters that match the house. Yeah, the house doesn't have any shutters on it now. Okay. We want with uh the black uh hurricane shutter on the front window just accent. Okay. We're going to want shutters on this cuz it will it'll give it a it'll give it a little more upgrade. It will take your eyes off of the metal building side. Sure. That's no problem. Cricket is any other questions? Limited to 9 limited to 30 by 30 900 ft. Not the 900. What's the hardship? 60. Hm. What's the hardship? The proportionate size of the lot to the

Yeah, it's it's an irregular shaped lot, too. If you look at what the plot line goes in, it is a regular shape lot. And would the underneath the building constitute living space even though it's not it? I mean, do you count the garages? We wouldn't count the outdoor areas, the porches, the underneath the house. Okay. Gotcha. Gotcha. And everything that you have that you're talking about underneath the house and in the sideyard is going to fit in this building. Yes, the full vehicles will fit the two boats and then the two uh camping trailers. I mean, we do want to get that is an issue throughout North Myrtle Beach is the campers and the trailers and so we do want to promote people to cover those. Yeah. They are I I totally agree with you. I totally agree. That was

people put them behind the front line of the house and a lot of people don't like doing that and Yeah. We had one similar to this down Little Riverneck Road. I don't know if you were here then or not. There's guy built a monster garage, but he had a huge piece of land. He had like five acres of land and a that one. You remember that one? Yes, we sort of found his hardship was that the he had that the proportionate, you know, I got it. Yeah. I just Yeah, there was another property.

It was up at Cherry Grove. was I think that's why we looked at this and you have two lot it's two lots right so right is anyone prepared to make a motion I'll make a motion I move that the board grant variance V25-44 uh because the applicant has demonstrated unnecessary hardship there are extraordinary and exceptional conditions pertain to this piece of property. Uh the irregular shape of the lot and the uh oversized uh large uh lot that uh in uh condition with the with the size of the home. Um these conditions do not generally apply to the other properties in the vicinity. Because of these conditions, the applicant uh application of the ordinance to particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The authorization of the variance would not be of substantial detriment to the adjacent properties or to the public good in the character of the district would not be harmed. Um additional conditions. Um we'd want the the metal building that you've shown to kind of be upgraded appearance-wise, appropriate landscaping. Uh the color scheme would need to match the existing home. Um, and we would want the city to have final uh approval on that and any issues that might arise. I guess you could bring it back in front of the board if there are any questions.

I would add just at least two windows on the little river neck side with shutters. Uh, no more than 4 feet of black at the bottom. The rest of the building above 4T would have to match the color of the house and the tree to the right of the garage proposed location would have to remain. Be my additions to his motion. Good. Thank you. Uh and and we're only going for the 900 foot building, not the Did you say the 900? 900 feet. Okay. Not 960. Thank you. Uh Mr. Reeves and Miss Glover for the additions. Is there uh somebody prepared to make a second? Second.

We've got a second. And I and I did want to add one thing was um we do want to make a condition upon the city meeting those requirements. If not, you have to come on back to us. If the city's satisfied, then you won't have to come back to this board. But basically, you get the tech and just submit it to the city city and show them what the shut uh the shutter color scheme give them the whole package and if they approve it, move forward. If not, we'll come on back to us. Okay. Great. Everybody's time. Thank you. Yep. Thank you. Is there uh do we have a second? Second. Okay, we got a second out of Mr. Weiss. Any discussion? All in favor? I. Any opposed? I have it. Great. Thank you. Thank you everyone.

We've got item number six, uh, BZA 25-45. We got an application by Michelle Barney for a variance to remove a protected trees at 1232 Crooked Hook Road. Um, Miss Barney or is there someone here to speak on that? Good. Yeah. Yeah.

Chairman, I'll make a motion that we postpone BZA 27 25-45. Oh, I'm sorry. I didn't realize you're here for I'm sorry. Beverly Homes. Yes. I did not. Wait, I'm sorry. Where was that at? What' you say? Beverly Holmes. Beverly Hills Homes. Okay. This is not Michelle, but yeah. Are you another person representing Michelle? He said he's here for Beverly Holmes and Michelle Barney's Beverly Holmes. Is she? I don't know. That's what it says if you read it. I mean, yeah, it is. Yeah, that's what I was I was trying to pull that up. And it was Beverly cuz it's just

These two are Beverly homes. Yeah, they are. back. I thought it was uh these two of them. D Web you go back through Bell Dell Web. And when you cross the line almost Yeah. And it says trying to find it. Who is Michelle Barney? Michelle's not here. Okay. This gentleman is here. I apologize. Yeah. We're trying to Yeah. I'm not aware who that is. Roll number eight. Okay.

Yeah. I'm trying to find Oh, there it is. Is this the one we're looking for? Yep. Great. Um, I had to dig through and find it this big packet. And if you can come on up and introduce yourself for the uh for the record with the microphone and uh tell us uh tell us what you've got going on.

I'm Scott Davis representing Beverly Holmes. Uh we've got two separate uh requests to take out uh some trees. This is the first one on Crooked Hook. Um there are two cedar trees that are in the parking lot of what will be our future amenity center with the pool. um with all the requirements for parking lot and there's a mailbox kiosk is what's off to the left. Um sidewalks and whatnot, pool house and a pool itself. Um just asking take those two trees out. They will be in the parking lot.

So went out there and looked saw a saw three great big trees in the middle of this great big field. Didn't notice two cedar trees. I thought but the sign was I thought you were wanting to take out the big tree. Now the big trees in the middle will stay. It's the trees on the waterway side of that um island little island u in between the roads. What's the lot number? It is the open space.

I wish I brought my phone in because I took pictures of it. both sides. There were Did y'all go out there and look at them? I couldn't I couldn't find them. I wrote it there and it took me to the address, but I couldn't figure out where that we were talking about. Well, I drove around and saw the BZA signs, but I couldn't find that. So, like at this picture, we've got pictures here of big trees, but I don't see any pictures here of cedar trees. I saw trees in the middle. I said cedar. Um, sorry. Thank you. I I'm sorry. I She wrote two trees. I'm not sure what kind they are. The other one is sycamore.

One was a big sycamore, but then she wrote popppler trees. So that's why you're saying cedar trees. I didn't see I said cedar. That was my fault. I misspoke. Brackish Bay was a sycamore.

Yeah. But when you go out there, all there's a big tree. The very center of that area there around the top of lot 42, there is a group of trees that we're not touching. Um, these are I don't know if you happen to notice that dumpster that was there. It's right beside the dumpster. The houses on close to the houses on the waterway, but it's not on the waterway side. No, it's on that in that little island in the middle. It's right on the road. But it's close to the road on that closer to the road than in the very center of that island

because all I saw was big trees that looked healthy. And my concern was I think you all had been to us before you cleared that off. And I was wondering, weren't these trees protected from the beginning? And why are you coming here wanting to cut them down now? Uh that was an open space and the engineer just drew up the pool after uh neighborhood was developed and that's the to meet all the parameters for storm water and everything, parking lot size, number of parks, sidewalks and whatnot. Oh, I'll ask the city when we get to the city part of it.

Great. Any other questions for the applicant? Give a second. We'll hear from Did you introduce yourself for the record? Scott Davis.

Great. Thanks. Um, we're going to hear from the city and we'll be back with you. Okay. Thank you. Petitioner Michelle Barney has submitted an application to remove two trees in excess of 24 caliber per inches at two 1232 Crooked Hook Road. The trees in question are two 27in poppplers. Trees exceeding 24 cal shall not shall only be removed upon approval by the board. The board is charged with setting a suitable tree replacement schedule. City council has also approved a tree bank where individuals can pay $300 per caliber per inch of required planting. Staff recommends that the board review the variance application hear the evidence presented at the meeting and review section 2368. Thank you, Mr. Coin.

I wrote out there I wrote out there and could not find it. I circled around looked for the sign. I I must have missed it because there's not a lot there's not a lot of trees out there. But there's only three great big trees in the middle of that island. I mean, and one of them they start they build a foundation right up beside the sycamore and then the other ones um I guess the question is realistically for the city they would have had to have an amenity center before they even started the development, right? Um we would there wasn't a requirement for amenities center in this development but they decided to provide one. So they didn't have there wasn't a requirement for them to have one. No, it's not a PDD. It's straight zoning. They just are providing one. So they want to they want to provide one. They want to. Yes.

So, haven't have they been here before? Yes, ma'am. For for tree removal. They thought they got all the ones they think they need to remove the first time, but these two have come up because they want to add an amenity center. Yes, sir. But we required these would have been required. They knew they were protected from the very beginning. It may have been something about the location shown on the plans that would have allowed them to maybe keep the trees and still put the amenity center in. And I think once they get into really tightening up their development plans, it it ends up shifting some

because I mean these just look like big healthy trees. I'm not sure. I just feel like they come before us multiple times and talk about protected trees and we give a lot of thought to it and what are we going to let them cut down and what are we not going to let them cut down and then they come back and want another bite. So I agree. Yeah. You know, we understand that you want a many center, but it'd be nice. We're saving. There's no there's no trees out there. We want to save save what we can, you know, just trying to be, you know, responsible. Yeah.

I mean, it's all flat. I don't see there's none of this stuff about, oh, there's easements and there's grades and all this. It's it's flat and the trees are there and they're the only ones left. So, I don't um I when I got there, that was my question is didn't we already rule on this once? Why are we coming back and doing this again?

That's Yeah, they want the reason why is cuz they they want an amenity center, right? Want an amenity center. But is that right? Yeah. Is is there a way that we can save these trees? make the because right now we to be quite frank if we knew we're going to have a many center we would feel better about it because then we can help plan and you guys can plan and because you go out there there's not a lot of trees and we you you saw when we had the alleyoops we're just we're trying to work with people to work with reasonable efforts to preserve trees so Mr. called. Was it possible for us to offer them a variance on their parking and let them reapply so they can save the trees?

If if you wanted them to do that, they would have to reapply and we'd have to revertise and they could come back next month. Let's do that. Let's do that. Are you okay with that, Miss Lover? Let them Yeah. Yeah. And the parking so they can save the trees. Actually, come to think of it, we don't we don't have a parking requirement for amenity centers. We tell people um you put in what you think you'll need and so if you wanted to reduce what they have on their plans, you could I mean most people in the neighborhood we would need an action to do that center. I mean realistically I mean yeah or a golf cart most people have golf carts a golf cart over there. Yeah. I mean we wouldn't have to you guys wouldn't have to make any decisions if you wanted them to reduce the number of spaces they have provided at their many center.

Okay. They could they could they could do that on their own. Okay. I think m Mr. B I think on the I think it'd be good for you all to go back to the city. We go and postpone this. Come up with a reasonable solution to try to save these trees and if we come back we want you to do an amenity center. It's why people want to come here and live. We understand that. But at the same token as we're trying to save trees where we can. This looks like something that you can. About how many parking lots do you have there? Parking spaces are there in your plan. Just out of curiosity. Okay. Tails out.

Seven total. One handicap. Six normal. Seven total parking spaces. That's right. And if the tree stayed, uh, I guess it'd be obviously less than that. That's right. The parking spaces are facing down on the picture. So, the way it's drawn now, the tree would interfere with being able to get into a park to one space. It would just interfere with being able to get into one space or or excuse me, the the keeping the tree would interfere with getting into one space. Is that what you're saying? Probably a couple. Probably have two or three two or three on one side and two or three on another without looking at it without, you know, drawing.

Miss Lover, are we trying to save the the cedar as well? I didn't even see a cedar. That's what I I was misspoke on that. Oh, I'm looking at another another this. I mean, you're looking at this picture. There's a cedar on this picture, but if you drive out there, all that's out there is like there's a big tree over here all by itself. There's a couple big trees here, and then there's another big tree by itself. So, I think one of them is the sycamore beside the foundation. I think that's the next There's a um 8 in there's a 8 in cedar in the middle of the cluster of two trees. That's what it was. Okay. So, if you can't really take the cedar out without taking the poppplers out, really.

That's right. I think it's firstly I'd like to continue it and have you come back with an actual drawing and or figure out a way to put your driveway in another position where you where you can save those few remaining trees because y'all have been here before. We've already gone through this about what trees you have to save and then you come back and want us to let you cut those down, the few lone trees that are still out there. It's just u astounding to me that Helen's pulled up the drawings for the amenity center. Uhhuh. He's going to put he's going to put those on the camera. You can see what's proposed really good because I I didn't see it. So that's what we just want to save. I did see that there weren't any there weren't many trees at all on the whole property.

Let's see this thing here. So on the opposite side of the parking spaces is where the tree is. It might be able to they might be able to pull in the driveway a little bit more towards the bottom of the screen. So, where Okay, I'm looking. Show me. Can you point to where the tree is on this picture? Where those popler trees are on this picture? It's about where the where it says parking spaces and ADA. Okay. Around there. I still don't know where they're at. It doesn't inhibit a parking space. It just maybe would inhibit you to Well, it can be it can probably be flipped too

with with little effort. Um and have a a blank space covered or contained with curbing around the tree. Yeah. Yeah. Like a little island, a tree island. Yeah. Yeah. And protect those roots. You mind pointing on the map down there where it will be just so we everybody sees so we can understand where that tree is.

I just think you can find a way to rearrange your parking spaces. Make that a little tree island area. Put curbing like Mr. Caldwell said, put some curbing around it. Protect the roots.

Will they be able to pull in there? Cuz the driveway is all the way down here. Okay. See where the handicap space is? Also, that can be shifted to the right and you probably pick up two spaces over there. There's these are the male kiosks. When it says picnic tables, there'll actually be male kiosk there. What were you thinking? What were you thinking tables are again? Mr. Cwell, what were you thinking? Off to the right on the screen of the handicap space. Mhm. You could probably get two additional spaces right there next to the handicap and do away with two on the end and stop the parking lot earlier and that may be a way to save them. I think we have to have it located on a plan, show exactly where the trees are, and then we start brainstorming from there.

Yeah. Well, let's Mr. Clay, is there a way that we can pass the baton on to you all? We could leave this on the agenda if you choose to and then we can work with the applicant to see if there's another way to do it where we don't have to come back to you. Great. I think that's I think it's a good plan. And if if it doesn't we don't find a good solution, we'll see you we'll see you in 30 days. You're still going to need to find a solution. So, okay. Um, is anybody prepared to make a motion to postpone? We postpone. Postpone. Make a motion to continue slashpostpone variance v25-45 with the hopes the applicant can figure out some way to rearrange their parking. And if they can't, they can come back and ask us for a variance.

Great. Thank you, Miss Leopard. Do we have a second? Second. Got a second. Mr. Reeves. Any other discussion? All in favor? I I That's have it. All right, we'll go to the next item on the agenda. On Brackish Bay Road, uh there's a house and a I think it's 27 in sycamore is 4 ft around from the foundation once the house is built. But again, this you knew this tree was protected before you started building that house. pictures. This one the foundations right up to it.

Yeah, but they've been here. They knew this tree was protected and they went ahead and started building a house. I mean, Yep. Yeah, we got that. Yeah, we got that. Thank you, Mr. Um, sir, if you'll go ahead and introduce yourself for the record. And uh Well, my fault. Um that's all right. Scott Davis, Beverly Holmes.

Yep. And I'm sorry, but uh we're going to we're on uh item number seven, BZA25-46, application by M Michelle Barney for a variance to remove a protected tree at 1200 Brackas Bay Road. And sir, if you could introduce yourself for the record. Uh Scott Davis. Thank you, sir. Tell us uh what we're looking at on this one, if you would.

Um so this is this is a pre-sold house. Um and they kind of picked their own floor plan and whatnot. And then um this particular tree is about 48 in off the foundation. And as you can tell, it's fairly close to the property line as well. So um it's a corner lot. So there's setbacks on both sides. Larger setbacks. Okay. Any questions for the applicant? Yeah. Were you aware this tree had already been protected in a prior hearing before you put the foundation in?

I was not my company may have been, but I was not a part of that. Right. So I I mean I just feel like this is a self-imposed problem. You did this to yourself. Not you, Mr. Davis, but Beverly Holmes did this to themselves. Um I agree with you, Miss Lover. Feel like them allowing them to pick the house plan that impedes against the tree is and they're not that far along. All they did was put the boards in. I don't think they poured footers yet. Great. And I think we're all on the same page. Any other questions for the applicant? on the we're going to hear from the city and we'll be back.

Petitioner Michelle Barney has applied to remove a tree in excess of 24 caliber in at 200 or 1,200 Brackish Bay Road. The tree is a 26 in sycamore. Trees exceeding 24 caliber per inches should only be removed upon approval by the board. The board is charged with setting a suitable tree replacement schedule. City council has also approved a tree bank where individuals can pay $300 per caliber per inch of required planting. Staff recommends that the board review the variance application, hear the evidence presented at the meeting, and review section 2368. Thank you, Miss Cowwell. You're welcome. Any other questions for the applicant or for the city?

Anyone prepared to make a motion? I make a motion that we deny variance BZA25-46 on the grounds that this is a protected tree and any hardship that may exist is self-imposed. Second. Thank you, Miss Lover. Do we have a second? Second. Second, Mr. Bell. Any discussion? All those in favor to deny uh item number seven, BZA25-46? I

I Any opposed? This been serious. Great. Thank you. Um, moving on to the next item on the agenda. We've got item number eight, BZA25-47, an application by David Rumny for advance to remove a tree trees at 248 Moral Drive at Tidewater. Um, Mr. Rumney.

Yes. Uh, I'm Mr. Remny, owner of the property. And uh I want to thank the board for reviewing my request here. Uh this is a residential property. Um it's more than 2 acres. Um rather large for the area. Um about 3/4 of the lot is uh wetlands. It's fairly heavily wooded. Um in fact, our reason for buying this lot was actually because of the trees. So it's really our goal to preserve as many trees as possible. Um what we had here is in a submitt for construction of a house uh and driveway which be less than 15% of the total impervious area of the lot. Uh there are eight trees in particular that were noted in the inspection. Um, and I guess the only thing we can do is go through each of the trees individually here or excuse me, seven seven items. Seven trees. Um, and I respectfully would like to go through each of the trees if the board would allow.

You have a map of the trees. Give through each one of the trees. Okay. I was just asking that was a question. Okay. We're only just let me just say that we're only reviewing the ones that are 24 in or larger. So in your application there's you're talking about some other trees that I think sort of maybe clouded the issue because we we this board the city does look at all the other trees that are smaller, but the only ones we need to talk about are the ones that are 24 in or larger.

Okay. And I I believe those are the trees that are all noted in the um items here in the inspection or am I let's see 26. Okay, there's number I was one through six or one through four. 1 through four one two four. Yeah, three four. Okay, gotcha. Um okay, then let's go through one through four. And I would also say I went out and looked. I trotted around your property. I can't There's purple ribbons and there's pink ribbons, right? And so I can't tell which ones were which that you wanted to remove.

Yeah, actually uh there's a few pink ribbons that indicate where the wetlands is designated. There are also trees with pink ribbons that are actually in an adjacent lot that's not part of. So, this particular surveyor used purple tape for all the trees we removed. It would have been helpful if you marked the ones you wanted us to consider for the variance request because I couldn't figure out. Some of them I could find, some of them I was like, I don't know. Should have uh noted to you that uh Ben uh I'm sorry, um Sam Moore

went out for me and actually marked the trees with yellow that were going to be removed. But if you can look at the pictures that I've got, perhaps they can jog your memory of which ones we're referring to. The the survey actually numbered the trees, so they have been specifically identified. Uh that may be another way we can identify it here tonight. Where is the survey? You have a copy of that? That'll help a lot. In the submitt for the permit, there is a included in our package. So, okay. going out there trying to figure out. And you have lots of trees. Yes, there are lots of trees. There's over 300 trees.

And so walk I walked around out there and I'm like, I don't know, you know, which ones he's talking about. I think I found the one on the right corner of the house and I think I found the one in the driveway. Particular number one. Uh, and there's Yeah, there's some pictures. Okay, that's that's a picture right there of number one. And if if you look here um that particular tree is about here about 150 ft from the drive the road. Here's the road. Mhm. This is about as you go right off the road straight in you would see this tree right about in this area here. It's tree number 99.

Is that the one that's leaning really hard? Yes. It's actually three trees, three trunks. Um, I'm sorry, tree 46 for the record is the one um that matches it here. So 46. Yeah, right there in the corner. Right there you go. Is that this one? Yep, that's it. And yeah, so that's the location of it. And it's right where we would prefer to put the driveway,

right? It isn't really a very handsome tree. In fact, I almost debate after looking at the base whether or not it's actually two trees. It's one double multi- trunk uh and then the other one is actually a single tree is but I think it's it makes sense on the path looking at the path. See there it's actually okay picture of the layover. Yeah, I'm not sure if that would change the context right there but u that's one thing to consider. It's also posing a hardship like I say for the driveway. I mean that one was there was a couple I had questions about that one. I felt like you were within your

remove that one. This one I couldn't find. That one I didn't find. I found the ones that were in the ditch on like the supposed to be the corner of the house that was like going down into a ditch.

Yeah. The ne the second one is a fairly large uh popppler. Um it's actually two. It's also multi- trunk. It's about a 17inch uh trunk. It is uh tree number 99. If we can find the number there. I don't Yeah, look at the other. You might want to look at the other uh plot for where it's got the numbers. Yeah, there we go. So 99 is right there. at that elevation change. And it's actually two trunks, two fairly large popppler trunks. They're like 17 in. Uh it's a fairly fairly healthy tree. It's right in the middle of a ditch, but the elevation is 5 foot lower than where we're going to wind up with for the whole lot. So, it's it's it wouldn't survive any Oh, but more importantly, what I found out was it's actually when they laid the uh strings for the foundation, one of the strings had to go right through the middle of the two trees. So, it looks like half of the tree is actually in the foundation, the footprint of the house now. And I'm not sure if when B Sam went out there to uh survey and inspect whether or not the lot lines had been put down by the surveyor. And I I think that may change the scope also if it's actually in the footprint of the house or at least half of it is

right on the line. Not just Oh, okay. Okay. Okay. Mr. Farmer, could you show us the where the house print and then we because we can see the driveway and all that and I I'm looking at your path. It looked like you took the least resistance. Less trees not in your way. Right. Right. Yeah. One. man. So, yeah, probably right on that corner. Yeah, I think it's I think it's pretty close to this corner right in here.

Okay. Well, the the path of your driveway, if we go back and look at the Let's look at that again. the the the path of the driveway. You've gone through those trees. Um the green copy or Yeah, that green copy. That one you just uh Yeah, that helps us sort of understand. That's a good path. Oh. Um zoom in a little bit up. Take the top where the driveway would be. There you go. I mean, that to me looks like it makes sense. You took the path of minimizing how many trees are in the way. If we got one in the way, you're saving you're saving these trees that are on the on the property line. Uh the the driveway would go right through here,

right through the through this area. Okay. And so 46 is right in the middle of the driveway. There's really no way to move it. Um and it's I'm not sure if it's a protected tree, if it's uh multi- trunkked. Is that If it's multi- trunk, we measure the two biggest trunks. So a lot of times you'll have say two 12-in trunks is a 24-in tree. Okay. So even if it doesn't look that big, it's still a protected tree. If it's identified to be actually two trunk and a single separate single tree, does that change the overall size? It would change if it was two two different trees very close together. But if it's one tree with multiple trunks coming out of the ground,

if it was 20 in on the multi trunk, let's just say, would that be still falling? was 10 and 10, it wouldn't be before the board, but if it was 20 and 20, it would that would not fall in even in the If it's 10 and 10, no. Okay, so I'm sorry. We haven't had a professional arborist review these trees yet. So, that could be another avenue for me to pursue. Let's Let's do this cuz I I think we did this a couple the last two meetings ago. We talking about trees. Let's tackle number one. If it's in the driveway and we feel comfortable in that, we'll cross that one off and then if we've got other ones, let's take a look at this and work our way through it. So, I would just volunteer this as far as discussion. But I went out there and I walked

between all the yellow tape, which I assume was the driveway and the house. I walked all through all that and said, "Okay, this is where the house is going to be." The only ones that I thought were questionable were the ones that were on the corner of the house in the ditch that he's saying the foundation might not be there now. So I I felt fine approving he has a lot of trees. I felt fine that these trees could be removed. My only concern was I didn't know which ones he wanted to remove. So, there were a lot of big ones around the outside of the property, and I wanted to make sure he wasn't wanting to cut them down. So, are all the ones that you want to remove, the four large trees, are they all within the footprint of the house, were they within that yellow tape and the driveway, or is there anything outside of that yellow tape that you're proposing to remove?

Well, actually, if we get to item three, that's way a separate category. That's that's not imposing the hardship. It's a tree that I don't feel is healthy. So, it's one and two that both pose the hardships. Um, as far as going forward with the plans, are you comfortable with what? I'd like to tackle this and move. Sure. Number one, are we comfort which ones they are? Number one, the one that's in the driveway. Number 40. Number 46. 46. Number one. I'm Yes. One that's leaning real over. Sure. Let him take that out. 46 and 99 are the two we've looked at. Okay. And Mr. Reeves, was that 99? Was that the number two tree? Yep. Got it. Is that the one? Let's take a look at 99. And that's this one right here, I think.

Right. It's right along the edge of the ditch. Right. Okay. Let's go to um Sorry, what did you say about number one? That's the one that looks like it's leaning way over and it seems to be in the driveway and I don't have an issue with that one being removed. It looks like it may eventually fall anyhow. And any replacement? Um that Mr. Co, would you like to do we want to tackle one at a time like that? I think you may differ on your replacement requirements from tree to tree. So, if you could do each one with its own requirement, I think that'd be easier. Let's let's do it that way because we did it the last time that way and it was a it was a definitely a pleasure. I feel like I'm asking him to bring sand to the beach. He looks like he lives in the woods. Yeah. I mean, he does. Yeah. I mean, I don't have much of a replacement requirement thing on this because he has so many trees.

He does have so many trees. I As long as he doesn't cut down any other ones, they're outside. That would be my thing. We'll make it. Yeah, they're multi-trunk hardwood trees. Nine out of 10en times they grow from the root structure. So they're not they're have the ability to split and storms and get disease over time, things of that nature. So they're not they're not very healthy trees to begin with. So and they're all multi- trunk trees. We could just say no replacement for that one. Yeah, no replacement. So how about making a motion on that one and we'll do no replacement on that one? Yeah. Oh, you want me to make a motion?

Okay. Okay. Well, I make a motion that we grant the variance um BZA-25-47 with regards to the tree that's in the driveway number 46 46 46. Um finding that it's a hardship that's located in the driveway of the footprint of the driveway and that the lot has multiple um large trees on it and that I would not require replacement. And I would just require that no further trees other than any we approve here be removed. That he leave all the other trees except for any other ones that we rule on today. Great. Thank you, Miss Lover. Do we have a second? Second. Second for Mr. Bell. All in favor? I I

All right. Let's move on to number two. This is the one that's on the corner. It's in the ditch. It's number 99. If you want to make that motion. Yeah. So, did you decide you're going to move the the footprint of that house for me to present this? He said he was going to move the foundation better as to on tree number 99. We're going to move through these for you. On tree 99, is is that in the footprint of the house? Is it something you want to remove? They staked it out. They actually in the two very large trunks, the yellow line actually had to go through it.

So, it's like right on the line. And I didn't realize that when they did the inspection initially, but I thought that that would allow us to remove it. But if it's protected, then can we get a motion? You need some kind of a you can't split the multi trunk also. No, we're going to go with we'll move on forward. Can we get a motion? motion that would allow him to remove uh tree number 99 with no replacement schedule provided if you shift the foundation of the house and the trunk is no longer in the foundation of the house that it has to stay. We shook the I thought you said when you came in you thought they were going to move the tape the yellow tape. Oh no. Okay. Okay. Yeah.

No, you didn't say that. Okay. Good deal. Let's go to Oh, do we have a second? Second. I would never be able to second for Mr. Reeves. Any other discussion? No. All in favor of removal. I I Any opposed? Eyes have it. All right, let's go on to item tree number three.

Um with the one multi- trunk. Can we take a look at that one? What number is that? Um okay, number three. Um I'm not sure I have the number for it. I've got a picture of it. It's It's pretty far away from the house, so we don't really have a problem having the tree there. Uh the problem is that it doesn't look healthy. Um there's other very healthy trees around it. Um but because the base did not look healthy, we just marked it. We included it to be removed. Um is that this tree right here? This is that that tree right there. If it's listed as item three in the file reference.

No, it says tree item five. Just a picture. That says item five at the top though. Let me I'm sorry. Item five, fungus. Uh yeah, it would have to be captioned as item three. Sorry, hold on. Um there's not one item. We don't have I guess health is probably you can see it right now up there in the top left. Uh uh the ones in the top left. I want him to leave those. That's the left over there. Yeah. Those are right by the road. I think those need to stay. Um that's the particular tree. That's what the base of it looks like at Yeah. three.

Um if if you zoom in at the very base, it looks like there's some rot going on there. And the bark itself, I think there's a lot of woodpecker holes and things. So what number is that on your tree? That's three. That that is tree I that's listed as item three here up front by the road. If those trees have if those trees have issues, why don't we just let the arborist make that? Let the arborist make that call. Sounds good. That call. So do we have a motion on item on Okay. Item number three. Okay. So So yeah. So u well four and five are probably in the same category. So rather let us guess the question is you have pictures number three but what number if the number if the picture has number three what number is it on the map? What tree number is it on the map?

Um, three. No, the tree is the picture. That's not that tree. This tree is in the picture. I'm not I'm not completely certain uh which one it is. It's I don't think we're going to have to worry about that one. To Mr. Bell's point, I think what we'll do is let the arborist deal with that. You'll go back to the city and you can figure out that number down the line. I would make a motion to deny the variance with request to tree item number five with a picture of tree item number five. It says fungus. And let an arborist decide. Okay. Why don't we just offer a continuence and then let him speak to a arborist. Okay. And they got that soft. Yes. And we then we're done. Okay. So, great. Great idea. Probably. Yeah. Yes. So, three, four, and five could probably all go in that category. We'll get the arborist to look at them.

Okay. And but and and that's not really going to delay our plans. I I think we could proceed with permitting uh with those three needing to be assessed. Good deal. Can we get a motion for three, four, and five? Yes. So, so Mr. Chairman, I I will make a motion that we continuence BZA25-45 as approved with the first two items, tree removals on the property with the remaining trees to be looked at with an arborist and a determination made that the city will report back to us at the next meeting whether to continue or with or just finalize the the the variance as granted. Thank you, Mr. Bell. Do we have a second?

Second. Second and a second uh for Mr. Weise. Any discussion? All in favor? I I I thank you. Just wanted to point out also that uh items six and seven, we've decided to actually keep those trees. It looks like they're going to fit in. They're far enough away from the footprint. Good job. The trees back in time were beautiful. Good job. Yeah, we we uh I think we took a reasonable effort to preserve most of the trees. I mean, you know, there's nothing like watching squirrels go up and down these trees uh when they're on your own lot. I mean, it's a pride of ownership here to have trees. For sure. So, especially in Top Water. In Time. Yep. Great. Well, thank you. Have a good day. Thank you very much. I appreciate it.

Thank you. Thank you, sir. Great. Um, do we have a motion to adjurnn? I'll make a motion to adjurnn, Mr. Chair. I second. Got a second. All in favor? I. Great. Thank you. Good job on the treats.