Board of Zoning Appeals - Regular Meeting

Um and welcome to the um October 9th uh 2025 board of zoning appeals for the city of North Myrtle Beach. Like to go ahead and call the meeting uh to order and if we get a a roll call. Chairman McGonagal here. Andy Thomas, Andy Mendelbell here. Joe Reeves here. Cynthia Lover here. Wyman Wise here. Melissa Wilbur, we have a quorum. Great. Thank Thank you, Miss Smith. Um, and if if you guys get a chance, take a look at the uh the minutes, review the minutes, and if we can get a motion to approve.

Mr. Chairman, I'll make a motion that we approve Thursday's August 14th, 2025 meeting and also Thursday, September 11th, 2025 meeting minutes. Thank you, Mr. Bell. Do we have a second? Second. Thank you, Mr. Wise. All in favor? I I. Any opposed? Eyes have it. All right. Um, and see if we have any communications from the city. No, sir. Great. Thank you, Mr. Cowwell. Um, and Miss Smith, if we can get everybody to rise and uh if everybody can rise and we get everybody sworn in that who who might be want to speak today.

Okay. Do you solemnly state under penalty of perjury that the evidence you shall give and this matter shall be the truth, the whole truth, and nothing but the truth? Okay, you may sit down.

Thank you, Miss Smith. Okay. Um, before we go ahead and get started with the with our agenda, just want to go ahead and let everybody know we're we're normally a body of seven. So, a majority would need four out of the seven, but since we're mostly two people, um, we've got five people present today, you'll need a vote of three. If you wish to postpone, you're more than welcome. If you want to go through with the um with it, move through with the process, not a promise. We'll just keep you moving. So, you can take a minute and think about it as we get started with uh the first item on the agenda. All right, we got uh item number one on the agenda. We've got BZA25-29, an application by Daniel Colum for a variance to cut a tree exceeding 24 in at 10005 Tarpon Pond Road. Do we have somebody here that wants to speak on this?

Yes, sir. If you come to the uh microphone and introduce yourself, please. How about introducing yourself and tell us and tell us where you live? I'm Daniel Cologne. And where do you where do you reside? I can't hear you. Where do you reside? Where do you live? Uh 1,200 Waiting Heron Road, North Myrtle Beach, 29582.

Great. Thank you, sir. Tell us tell us about your story. Uh I have a a lot where we getting ready to uh we ready to start a home and we got uh a tree that is u above the diameter I guess that uh it needs a variance and it's uh the tree would actually be in the footings of the home. Good deal. Great. Anything else you want to add? Nope. Good to go. Thank you. Give us a second. We're going to hear from the city. Oh, I have a question. We got some questions. Give me one second. I'm sorry about that. Are you the owner or the builder? I'm the builder. You're the builder. Who's the owner,

ma'am? Who's the owner? Um West Miller is his last name. Steve West Miller. They live in uh in uh Pennsylvania. Okay. So, you're the builder. And I'm looking at this. I just went out and looked at that lot. It's beautiful. All the trees on it are oak trees. Did anybody else go out and look at this? It looks like a park. Oh, it is. Yeah, the lot looks like a park. What lot trees were you planning on leaving on that lot? We have one tree that would be directly behind the driveway. Uhhuh.

And that's the only tree that isn't in the footprint or would be in in the driveway. Okay. All right. Then I'll go on and listen to the city from there. I I do. I have a question too, Miss Lover. So, with this lot, is there no way to flip the house plan so that you can save the 26th Street? It wouldn't matter. It's Charleston Landing. And if you're familiar with it, you know, the lots are very small. The house pretty much fits on the lot, meets the minimum setbacks. it. In fact, uh if if we flip the house, we'd lose the one tree that we can keep.

I'm just looking. You're building a 7,125T house on a 16th of an acre lot. It's not 7,000 ft. Oh, the lot's 7,125 ft. Yeah.

Okay. Okay. to finish floor 15 because my proposal would be and everybody else might not agree with me on this, but there's two oak trees that are up close to the street. Looks like one of them's in the footprint of the sidewalk. And I would say, you know, my thought would be find a way to keep both of those two small oak trees that are up close to the sidewalk um and as well as the one in the back. You might have to move your porch or your sidewalk, but that would be something I'm looking at considering. Okay.

Yeah. If you look at that tree, the I think you're looking at the one on the on the right front. Mhm. That would that that tree is would actually be the uh part of the tree would actually be in the foot is by time you put the footings in, you cut away all the roots, right? Right. And then the one in the front is in the footings for the porch.

They just look really close to the sidewalk. How close is the sidewalk going to be to the porch? I feel like you need to save some of these trees and I think there's a way you could do it. I just think you need to make an effort to do it cuz the lot's beautiful with the trees that are on it. and we can deny your variance request for the one you want to remove and you'd have to figure out how to replant your house or we can make other requirements for the other trees on the lot and let you cut the one down. We can set the restrictions on whether we let you remove that tree or not, that 26-in tree. And I'm trying to find some way to save as many trees as possible on that lot. Well, I mean, the the two trees that you're talking about in the front, there's no way that those trees would live if if we when we dug the footings. We'd go right through the root root system. They're they're less than they're less than 2 feet from the house from the from the footings.

How far will the house footings be from the sidewalk? It looks like it's about 9.5 ft. Great. Miss Lover, you want to hear from the city and then we can come back. Give us a second. We're going to hear from the city and then we'll we'll be back to you. Okay.

Okay. Thanks. Petitioner Daniel Colom has applied to remove a tree in excess of 24 caliber inches at 10:05 Tarpon Pond Road. The tree in question is a 26 inch oak tree. 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. City council has also approved a tree bank where individuals can pay $300 per caler inch of required planting. Staff recommends that the board review the variance application, hear the evidence presented at the meeting, and review section 2368. Right. Thank you, Mr. Crawwell. Welcome.

Excuse me. I'm just going to a quick question. We're So, we're just we're just deemed with the task right now uh the tree to be removed is the one that's covered at the back back here. Is that correct? Yes. Mhm. Huh. Yeah. Okay. That one tree. And you're saying you can't flip you can't flip the the h you couldn't flip how the house is laid out so that it would because if you took the house if you look you got the the back porch where you got your HVAC here right you see your HVAC on your plan what you couldn't take the you couldn't take the plan and reverse it and that way you'd be able to actually save that tree you can lay the house out opposite why don't you reverse that the house is going to the the driveway is going to be over there but the driveway is going to be Right in the middle of the driveway. The tree in the back.

Huh? The tree that you want to remove? Oh, the one in the back. Yeah, the one in the back. That's the one you're here for.

No. If you reverse it, you'd still be up against the house. If you look at look at that and just look at the reverse it, that that tree would still have to come out. It would be in the It would be It would be still on the corner of the house. [Applause]

Have you considered a different house plan? I don't miss lever on that note those lots are so small you don't have a lot to work with I mean wouldn't we better preserve I mean you look at the footprint of this and to Mr. Mr. Belle's point, if it was feasible flipping it, you could save that tree. But wouldn't we better be better served planting trees that are going to survive and you can actually up the size that you want to do? If the lot's that small and he's covering this property up with trees, what's he going to plant? Where's he going to plant? He's not going to have a yard.

This is what I say that when you look at the uh that community, it's built for small lots close together. And then they got some areas where they got green space. It's not as much around the houses as much as they got like in the down there on the the turnway and then down by the on the water. So I just I'm saying it's a challenge on those lots. They're just they're built and that was a community the way it was built was with small lots for detention and being neighbor friendly. Charleston style houses Charleston style houses and you look at it when you drive through there there's beautiful trees all through when you're coming through. People have the trees in their front yards that are hanging out over the streets. But that's what So we maybe we look at because it's I mean

basically he wants to clear cut this lot there. He wants to leave one tree on. I bet there's 20 trees on it. What I would say about the clear cutting he's trying to utilize the lot to build a house that they want and dreamed about. Now the question is how do we save the trees? Those lots are just so small. It's really a challenge. Just a lot of trees you see in the front were planted by the subdivision when they when they actually developed it. And that's all these trees you see in the front. But I' I've been building in this subdivision for 10 years. And you know these lots barely hold a house. Yeah. They barely the house is the the whole lot. The whole lot basically everywhere. Yeah.

We on the sides we're usually 6t off and of every house I built we were we were on the setbacks and we just can't help it. They got certain driveway requirements they require from us from the HOA which you know makes it even harder. And uh but uh yeah, if you've been in Charleston Landing, you know, I mean, I'd love to leave all the trees, but there's no lot. These these lots were sold to build houses. And m Mr. Belly asked a point to go back on this. And I I I understand. I think we we all understand the lots are smaller and all that. Is there a way that you could flip it that we could save this lot? Save that tree. The one on the There's a tree. There's one tree that's in question. That's the the 26 26 in oak.

Yeah. the the tree would die. I mean, if we It would die because you you take if you look where the tree is sitting, it's actually it would actually be in the footings, the tree itself. Yeah. Oh, yeah. The right nail the way it is now. Yeah. And it' be close even the other side. If you flipped it, you'd still be close. It' still be in the footings. It's all pretty close. Yeah. It's a 16th of an acre lot. Yeah. That's kind of tough I'm not disagreeing with.

So So the question is I think are we better served to and this lover if you wanted to beef up the tree sir where we're these lot there's nothing to to the gentleman's point those trees that are all mature were from 20 years ago whenever that community started. I wouldn't we had friends that lived in there. They were all planted now they've grown to these beautiful trees. If there's a better strategic spot to place some trees to that are going to mature. These ones that are right up close to the house, no matter if he shrunk, they're still going to be. These are a foot. It looks like a foot away from the from the house in the foot the Well, I'm looking at the one that's in the sidewalk in the front. It's on the walkway. Yeah, there's two steps there. It's a young tree. I don't see why you can't scoot the

porch down some and leave that tree. It's not It's too close to the Those roots are all sprawling. How far far are the roots sprawling? And you cut them. No, I I had trees at my and I had nothing there. I did the best to save them. Had arborist still lost them just cuz the elevation setting the house up. So I'm saying why don't we you you can beef up the trees and give them some stuff where it strategically makes sense. Just my opinion. And not only that, you're looking at a little dot on the page and and if if the root the the uh the house is that close to the tree itself, it's going to cut out half the things. The canopy is going to be inside the house. Yeah,

that's true. I just went out and looked at the lot. I just And those trees look like they were really close to the sidewalk that they should be able to be saved when I looked at it. They they probably are, but they're they're probably uh you know, like I said, the house is only 9 foot from sidewalk. That's three steps. Yeah. I just don't see where else you're going to put trees back at. I mean, because you put the trees back, then you're going to say, "Well, they're going to go into the foundation. I don't want to plant those." Here's what I would say to that. We're not going to save the one that's a foot away. So, let's try to strategically place some trees that are going to add to the to it. And I don't know, I'm not a tree uh specialist, but if they plant them, will they start moving? They're going to move where the they'll pay off the least resistance. You would assume the roots, but that's just me assuming. Yeah, absolutely. Yeah.

So, if you found out, if you're saying, "Hey, we know if you're worried about planting something or not surviving, this one sure and heck is not going to survive." Say, "Where are you going to put where are you going to put 26 in of trees on this lot?" You won't. You're not going You're going to You're not That's what I'm saying. He's not. You're not. But I mean, you definitely could. I mean, I I do agree. I mean, he's I mean, with Billy, there's really I mean, I'm looked at this trying to figure out how to save that tree. Yeah. I mean, that's almost And look, I'm actually looking at the aerial view, too, of Google Maps here. It's things It's It's cluttered with trees, but it is a unbelievably small lot. And there's a pond behind it.

It does have water. I don't know. I mean, is there a way if they take out the 18 in and take out the one on the front, they can put back? Cuz almost all those tree I lived in there, ironically, in 2010. Mhm. And those trees that you see driving in were baby trees when we lived there. So, what you see is what's grown up over the last And they survived with stuff built. Yeah. I went in there multiple times when they in 2008, 2010. Yeah. The lots were distressed in there.

Yeah. See, I've had situations in there where, you know, we left the tree and the tree wound up being right between two houses. And I mean, they were big trees. It was a big tree. And they came back to the city and said, "We got a real issue here if a hurricane comes cuz that tree is going through the house." Well, that's my point is where are you going to plant trees back at? Well, I mean, that's that's the thing of the neighborhood. We can add $300 an inch to the trees you want to remove and charge you7 like you pay $7,800 into the tree bank, but I don't see where you're going to put 26 in of trees back on there. But back we just talking about the tree to be removed here, the ones with those in the little square. Correct. Yeah.

So, how much over is it then? Do we know what what's the uh diameter of that tree? It's 26 in. 2 in over what would be required if it were in the footprint of the house for the city to give them the authorization to take it. Yeah, you just going to have to come up with a We're going to have to come up with a number we think is feasible. You're not going to be able to replant on that lot. Let's just be honest, those lots were not built for I mean, that's they're built Charleston style homes and you're not going to have yards and trees. I mean, there's just you're not But there's a lot in there. When I just drove through there, I was like, look at all the trees that they managed to leave that are in people's front yards.

Well, they they were once they planted they were strategically planted. He probably can put he can plant something there that you could plant some trees there. That one there's he has to leave the 22 in, right? He can't take he can't take the 22 in out in the back corner, right? That's got to stay, right? became

uh you know would really make sense is just and I don't know what's in front of that because I know in the front of the neighborhood the trees were planted every so often you know uh right be in the in the in the city area but right behind the sidewalk and uh you know the plan up front but all the rest of that house I mean it's like every other lot in there's no yard I mean it's if you go in that whole neighborhood and walk through that that neighborhood. There's there's no yard. So, the only trees that when the neighborhood's said and done are going to really be maybe a few in the back, you know, because of a like this, the back of a driveway or but, you know, if if you put couple trees in, you know, right behind the sidewalk like they did in the front when you drive in that, you know, that that when you drive in there, it looks like, you know, those trees were there forever, but none of them were there forever. They were all planted.

Yeah. Yeah. Are are you required to put any street trees back at all? Does the HA does the HOA require any street trees to be placed back? No. I mean, you know, the HOA understands what what the neighborhood is, right? For the city with all the other trees he's taking out, is he required to replant any of them? [Music] Is there is there any inch requirement for the rest of the trees that are under the 26 in? the 22inch tree in the driveway and the 22inch tree in the rear because it's not in the footprint of the house. Why does that tree have to go? Which tree? The 22 in in the back. It doesn't. It doesn't. It doesn't. Okay. It doesn't have it.

Be a 50% replacement for that. Yeah. What is going in that What is going on in that back little corner where where the tree there's a tree right there. What is going that? That's just that's that's going to actually be your, you know, but uh but if you go in there and walk on that lot where that tree is and in that back area, that tree there is going to eat up that most of that whole area, just the canopy of it. Right. Right. I mean, we're not talking pine trees. Yeah. You know, protect your tree, though. That's the thing. Yeah. Well, he says so on the the big canopy gets the bigger the tree, these canopies are, you know, as we know. So, there's two 22inch trees on here. Is he taking them both? I'm not sure I understand which.

Depending on taking the one in the driveway, the one in the back corner corner one. So, the one in the front that he's taken that's in the driveway. Is he required to replant anything for that? Because it's in the footprint of the driveway. Right. I was thinking if So if he flipped it, that tree would stay. It stays the way it is right now. Yeah. Yeah. I measured it out. That 26 in. If he flips a house plan, it still puts it right up to the edge like you said. It's gone. It'll kill it.

And if you flipped it, that 22in tree in the driveway would be taken out as well. One he's talking about. Yeah. The 22 would be gone. And the 22 in the back would be gone then as well. Okay. Yep. Uh, Miss Lover, I misspoke a second ago. I used to review trees all the time and I don't anymore and I've got that language wrong. The one in the driveway would require replacement. So, he How many inches does he have to replace for that? 11. That's 22, right? So, he's already got to put 11 in back. And if we let him take out the 26, we need to set a replacement schedule for that. In addition to that 11

think it's possible to put 24 in back. So I say that's why you got to give it it's got to be a monetary factor then. Yeah. Just want to give them half the tree then monetary number monetary half the tree. H you want to give them a monetary with half the tree. 13 put 13 inches or pay 13 pay 3900. It's $300 an inch now. either put 13 inches back or pay the $3900 in addition to the 11 in. And he's got to leave the tree in the back corner. I agree with that. Okay. Yeah. Go to make a motion.

I'll make a motion that we grant variance uh BZA-25-29 with the following provisions. that the 22-in tree in the back of the driveway has to stay. And the tree in the front corner that he said he was going to leave also stays. And he can remove the 26-in tree and pay $3,900 into the tree bank or replant 13 in of trees or some combination thereof. And those would be in addition to the 11 ines he has to replant u for the one he's removing from the driveway. Okay. Thank you, Miss Lubber. Do we have a second?

I'll make a second. Do you just want to add that it needs to be a protected species? Oh, and they need to be um they need to be the same kind of trees that are being removed, some type of oak tree because I believe all of them are oak trees. Okay, great. I'll second, Mr. Chairman. Great. Thank you, Mr. Bell. Any discussions? All in favor? I I those opposed. The eyes have it. You're good to go. You've got a just talk. The city will let you know what you owe and what what you might have to plan back. Okay. They'll get up with me on that. Yes, sir. Thank you. Thank you.

All right. We're going to move on to the next item on the agenda. We've got B item number two. We have BZA25-34, an application by Reed Reed Wesley for a variance on a rear yard setback at 2353 Hill Street Zone Mobile Manufactured Home Residential in the R3 district. We have somebody for this. Um you'll see in your packet um there's a letter from the declarant not in favor of issuing a permit and not letting them get approved to to do the addition. Okay. So we postponed it last time. Um I guess they could just

as far as a letter from the from the declarant that there's another document that controls whether he can oppose the tree being installed. I think that's different than the BZA finding the whether the applicant has met the requirements for hardship or not. Okay. So, if the board finds that the applicant has met um the requirements for hardship that the board could grant the variance. If the declarant um has um a legal reason why he can oppose that, then he can pursue that separately. If they're they're separate they're separate actions.

Okay. Great. Thank you. Thank you for explaining that. Uh Mr. Nory, is there here for uh uh anyone here for this? Nope. What what would you recommend postponing again and we just leave it and uh clean it up next month? U yeah what what did we do last time in store? We postponed it last time, but the applicant didn't come back this month because he knew he wasn't going to get approved. Okay. So the applicant was not here last time. He was here last time and then he was told about the declarant requirement. Um and so he doesn't think he's going to be able to get a building permit because of that. Well, is the board um is the board prepared to make a decision?

They're not here. So, I'm not sure how we want to address it. I just recommend we withdraw and let them reapply if they decide they want to move forward. That would be that makes sense. That's you certainly could take that action. Okay. Great. U Mr. Chairman, I vote that we withdraw variance V25-35. Great. Thank you, Mr. Bell. Do we have a second? Second. Got a second for Mr. Wise. Any discussion? All in favor? I.

Great. Thank you. Great. All right, we'll move on to the next item on the agenda. We've got um item number three. We've got BZA25-266 an application by Kyle McCracken for variance to cut a tree exceeding 24 in at 1771 Zena Street. Is someone here to speak on that? There is not. Um if you recall at the last meeting you you guys wanted them to have the planning commission take action before you would take action

and they were postponed this Monday at planning commission. So, planning commission has not made a decision yet. Okay. Mr. Chairman, I'll make a motion that we postpone variance BZA25-26 to our next month schedule meeting. Great. Thank you, Mr. Bell. Do we have a second? Second. Got a second from Mr. Wise. Any discussion? All in favor? I. The eyes have it. 5 postponed.

Goes kind of quickly when they don't show up. It does go quicker. Uh, item number four on the agenda, we've got BZA25-36, application by Kyle No, Kevin Noble for variance of the swimming pool location requirements for swimming pools at 6302 Nixon Street located in the Midrise Multif Family Residential District in R2A district. Do we have somebody here prepared to speak? [Applause] have a noble 6302 Nixon Street, North Myrtle Beach. Tell us about it. So, I'm the homeowner of this uh single family residence. This is located in on a dead end street in Nixon Street. This is the Cherry Grove area. Uh the home is in an R-2A district and we're looking to put in a swimming pool and the we've come to uh the committee tonight asking for variance from a front yard setback. So in the R2A district, you can put a swimming pool in this sideyard, but it has to start at the midpoint of the home and head back. Uh this uh this lot we have is a little unique and the one it's at a a dead end of a street, but it is a double lot. Uh when this was platted many years ago, the uh lot that the home is built on was obviously a buildable lot, but the second lot beside it uh is currently now within a channel. So we have a channel both in the sideyard and the rear yard that I think shown on the map that you have. And so our if we didn't have a variance request, we stayed with a code, uh we can't put anything in the backyard because of that channel on the sideyard.

If we stayed with a code, it would be a pretty small pool. Would be uh I think we've got it uh 4T wide or 4t long and 14t wide. So the varian request is to for 27 ft. So to extend the pool uh the entire uh sideyard com with the front front setback with the house is this is uh the map I put a map up on the screen if that helps you any with the Google image. Uh a couple things about this. It does kind of fall into what we have in that area. This is a full development full developed area. Uh there is a condo condominium uh complex right beside us. They've kind of done the same thing with a pool. what's in their sideyard. I assume that's also because of the channel. Uh we are again we have Vakovas is the channel on the side is the channel. So we're kind of isolated in that area. Uh I will also go to say we've uh the neighbors on the other side of us. Um it's obviously small setbacks, but you know to me if you put the pool on this side that's on the channel it's actually a benefit to the neighborhood is it'll be a little bit you know less disruptive if they're sitting out there in the porch uh looking at things. But so the variance request is to be able to put a full size I'll call a fulls size pool in the side yard for this uh resident.

Great. Thank you sir. Can you point to your hall on this on the map? Yeah. So on that map that's this is Google image. So that's that red dot uh kind of on the far center on the right hand side point here. Yep. So you can see the channel in the rear channel to the side. Uh that is Inlet Point Villas. That's across the channel to the east and then to the north is where the condominium. And Mr. Noble, are you the owner of the property? Are you the builder, the pool builder? No, I'm the owner of the property. You're the owner. How long do you own the lot?

We bought both lots. Actually, we cons there was two lots and we consolidated them into one this past summer. We just bought it in April, May. And were you aware when you bought it that you couldn't put a swimming pool? Oh, we were. You knew that, but you bought it thinking you'll get a variance to put the pool in.

We didn't know what size. I wasn't really Yeah. Answer your question truthfully. I found it very difficult to find that setback in the code. And so, first time it went through, I found it difficult to find it in the code. It still is a struggle for me, but I I should have known. So, that's no excuse. It's there in the code. the first to answer your question. First time you looked at when you bought it, I did not see that in there.

I mean, I just feel like that's sometimes we have people come in that have their families owned the lots for years and before the zoning was put into place. And that's one way I look at it. And then I look at the other issue is sort of a buyer beware thing. You bought a you bought a piece of property and you knew you couldn't put the pool in except in the backyard and then you want us to give you a variance.

No, I agree with you. I mean, that's my responsibility to know the code when I buy things. I guess what my stance is before you today is I feel this is a very unique situation. It is a double lot where everybody else says 5,000 ft. This is 10,000 square ft. And I also think that it's kind of in harmony with what you have out there and it's less intrusive to to anybody else by putting there on the sideyard. My other question is some this is going to be a raised pool above the ground. Yes, I was out there today. Today was King's Tide. So we are putting it 18 in above and I was out there today. Didn't get there at peak time but based on what I can tell looks like at least today King's Tide got us about 2 in there.

So it's going to be a raised pool 18 inches above. I was going my other question. The pool's going to go underwater. I mean, depending how high you put it above the ground when they have floods in Cherry Grove, that whole area is Yeah, we were we were here last time we had a hurricane and that that road does flood. So, we had four pool builders come out, got four different quotes, uh talked to them about that. And so, you know, there the, you know, pump system we put in, the type of pool we put in, it it's understood that we get a big hurricane that that road's going to be flooded and water's going to get in that pool. And so they are engineering wise we've talked through how we would handle that. Okay.

Any other questions? Great. Give a second. We're going to hear from the city. Petitioner Kevin Noble has applied for a variance of the swimming pool location requirements for swimming pools at 6302 Nixon Street located in a mid-rise multifamily residential R2A district. Section 23107 only permits swimming pools to be placed behind the majority of the dwelling. The applicant would like the pool to be installed in the sideyard. Staff recommends that the board review the variance application, attach drawings, and hear the evidence at the meeting and review section 23107. Thank you, Mr. Cowwell. You're welcome. Any questions for the city?

My question for Mr. Caldwell is just reading that parenthesis looking at the statute that you gave us on the page under the it says swimming pools parenthesis unenclosed and inground parenthesis. So if he puts the pool are you setting it up that's what I'm trying to determine how high how much of the how much of the pool's going to be in ground if you were to get the variance. So the uh the the water good question the water level will be at grade but there'll be a 18inch high step up step down to get into the pool. So the pool itself shelf will go from 3t deep to 6t deep.

So is that I guess that's considered in ground then versus I would consider that in ground with a small wall around it. Okay. Any other questions for the city? Yep. Um I've noticed there's a uh party in the back. Are you all here to speak on this matter? Nope. Okay. Good deal. Should have brought popcorn.

Thanks. Okay. Any other questions for the applicant or the city? I don't have any questions, but as far as discussion goes, I just This is a small lot. Part of it's underwater, but then also he's covered by channels on both sides, right? But then also at that last training session we had in here with um he did it.

Jim Wood. Jim Wood when he did that training session, I wish I'd brought those screenshots of the slides he gave us because he said, you know, if other lots in the neighborhood, if other pieces of land in the neighborhood have the same problem, then it's not unique. And I think there's a lot of pe a lot of things in Cherry Grove that have issues like this. Part of the lots underwater, the lots are odd shaped, and this isn't a small lot. Um, so I think the unique issue that, you know, the criteria that we have to look at when considering the to the statute, I don't think it's that unique. To me, the uniqueness is the channel on both sides. There aren't a lot of things in that area with channels on both sides.

I agree with Mr. Weise. I think this is just like we we saw one of these not too long ago. Not that we have to rule in the same way, but this one is like where's the front? Where's the back? Where's the side? Because it's on the back edge. They also have a larger lot than the rest. And the uh to Mr. Wise's deal, you got water on two sides. But at the same time, I understand what you're saying and this is why we're having discussion. He if you look at the original plot, the lot line was on his house. Like literally the house where the house sits is where his lot line was. Mhm. So he bought a lot to make it double. So doesn't that become a self-imposed hardship?

Well, but we're talking about two hardship. I'm I'm looking at from the hardship of the fact that you've got the water on the two back sides. I'm not even that just what I'm saying is that before he would have had no way to put a pool on side of the house, right? Totally agree. Yep. So you got because you have that lot line there and then he took the lot he combined it that becomes a self he's basically created a self-imposed hardship on himself, right? Yeah. I mean I think he came to the problem. Yes. Again, I I look at it differently with the people that have had the lots for been in the lots for 50 years and then we changed the zoning on them in 1980 or something, 1977. But yeah, he did that. He could have put the house he could have situated the house in a different manner.

Well, the the one he never could well he couldn't have moved the house, but he could have made it longer and left more backyard. Well, the house is already built. Did you build You bought the house pre-existing, right? The house was pre-existing on the lot. So, he bought he bought the lot next to him. Okay. And then doubled his lot. So that's why he has the ability to use that sideyard because before the lot line came right down the side of the house. Okay. So he basically couldn't have built anything. He couldn't have built anything prior. Right. Right. But so was that a hardship or I mean an improvement to the property. The hardship is and what I would say this is the this isn't like all those other houses don't have that the water on that side of the house.

They have water on the back. It's definitely unique. It's definitely unique and the guy across the street's unique. Everybody else is. So, miss got a lot on the road. I would like a lot of lots that are at the end of these they are canals at the end of these side streets that go into the marsh and they have a canal behind them and they have the marsh on the side. So, they have there's a lot of lots on Cherry Grove that have two sides. They do, but it's to me that's not unique. I would like to get Mr. Nur's interpretation of of this being a self-imposed or not.

What is it? Whether it's self-imposed? Well, at the end of the day, he acquired the property um have combined with other lot, but at the end of the day, this is the lot that's in front of the BCA and does this lot as it's presented. Has he is a unique and create thing? That's what we're given in front of us. The lot as it exists now. Yeah, he combined the lots. He bought the house, then he bought their lot, then he combined Well, But it's the lot that you're presented with and it's your factf finding mission to determine whether he's presented a hardship that would merit okay

looking at this lot as it exists now whether it was it with another lot at some point in time and far as the uniqueness of the um the the board knows you're going to be looking at each case on a case-byase basis. And usually lot is going to present its own unique characteristics as opposed to several lots that may be somewhat similarly situated in the area, but typically each lot is going to have its own set of unique characteristics that may or may not um warrant a variance. That's makes sense to me. Want to

make sure.

Will somebody prepare to make a motion? I'll make a motion. Um, I move that the board grant variance BZA 2536 because the applicant has demonstrated an unnecessary hardship. Uh, there are extraordinary circumst and exceptional conditions pertaining to this particular piece of property. Uh to me it's not the irregular shape, it's the channel around it and kind of constricts the way that you can use the property. Uh these conditions do not generally apply to other properties in the vicinity. Because of the conditions, the application of the 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 of substantial detriment or adjacent to adjacent properties or to the public good or the character of the district. would not be harmed by granting the variance. Thank you, Mr. Wise. Do we have a second? Am I allowed to make a motion?

You are. Yes, I am. All right. I just haven't I make uh I second that motion. Any discussion? Now's the time. All in favor? I. Those opposed? No. Me. Opposed. Are you an I or a nay? I'm a I'm an I. An I. Okay. So, vote is 3 to two. Uh, it's been approved. Great. Thank you. Good luck. Y um we swim in the March. That was a tough That was We see that here. Um,

anything else we've got? Can we get a motion to close the meeting? Make a motion to adjurnn. Second. Do we have a second? Second. Got a second. All in favor? [Applause] [Music]