Board of Zoning Appeals - Regular Meeting

That's crazy.

Good evening and uh welcome to the BZA meeting. um May 14, 2026. Want to go ahead and call the meeting to order. And uh Miss Amber, if we can get a roll call, please. Chairman McGonagal here. Andy Thomas here. Mendelbell here. [clears throat] Joe Reeves here. Cynthia Lever here. Wyman Wise here. Norfleet Jones here. We have a quorum. Great. Thank you. Um, if you get a chance, how about reviewing last month's meeting, the Thursday, April 9th, 2026 meeting,

and if someone gets an opportunity to make a motion to approve minutes? I'd like to make a motion to approve. Thank you, Mr. Weise. Second. We have a second from Mr. Thomas. Um, I'm going to have to recuse I'm not I'm going to have to abstain from the voting because I will uh was not uh present. Um, so all those in favor say I. I. I. So, Mr. Chairman, we had two [clears throat] two sets of meetings. Were the March 12th approved in the last meeting? So, we need to approve those as well. Good deal. We had a quorum or something. What's that? The March 12th. Yeah. So, we got the March 12th and the April 9th. So, good deal.

Since you did got your April 9th approved and you abstain, I will make a motion that we approve March 12th, 2026 me minutes. All those in favor I Great. Thank you, Mr. Bell. Um item number three on the agenda, the uh uh communication from the city. Um just the nominations for chair and vice chair. Okay. Thank you. So m Mr. Chairman, with that being said, and us having to nominate our chair and vice chair, I would like to make a motion that we renominate you as our continued chairman and nominate Miss Cynthia Lover as our vice chair.

Okay. Any uh do we have a second? Seconds on that. Any discussion? All in favor? I. Great. Thank you. And uh the next item on the agenda. Oh, Mr. Call, was there anything else on the agenda? No, sir. Great. Thank you. All right. So, we're going to move on to um item A. If we can go ahead and uh get anyone who's planning on speaking tonight to rise and uh we'll get Miss Amber to get you all sworn in. Do you solemnly state under penalty or perjury that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth? You may have a seat.

Great. Thank you. Okay, we got item number one on the agenda. Um, we've got BZA 26-7. We've got an application by James Bowwin for variance to remove trees and ex in excess of 24 in in diameter at 1701 Spring Land Drive. Mr. Chairman, I believe I have to recuse myself. Is this the surf club? Thank you, Mr. Weise. And Mr. Chairman, I also recuse myself from BZA26-8 as well. Great. Thank you, Mr. Bell.

Anyone else? Great. So, um, Mr. Roy, as we we come in, just let you know that, you know, we're body of seven, but we're down to a body of five. So, you'll need a a three to two vote for any approvals. Uh, any approvals?

Thank you. We're willing to go forward. So, in your packet, originally, there was a a request to remove three three trees that totaled 136 inches in diameter. We have revised the plans for the building to move it forward to save all three of those trees. Now that there are two trees that total 72 in in diameter that the surf club is seeking to remove. The purpose for removing this is we have buildings that are over there that need to be replaced. They're old, outdated, and it's time to start rejuvenating some of the buildings on the property. If we were to put the buildings back into those footprints, we would lose more trees by doing that that are greater in size than these two by relocating that building as far as moving it towards the parking lot. And we'll lose a little bit of parking, but those two trees, one of them will be in the footprint, the other one will be in when we have to redesign the driveway, it'll be in that construction portion of that driveway. So that's the two reasons we're the the the two trees and the reason why we're seeking to have those two trees removed. You know, the surf club is a 160 acre track in which there are tens of thousands of hardwoods on it. The surf club annually spends $50,000 just for the improving of trees in their budget, not removing trees, but taking up canopies and doing the things to help protect the golf course. uh the golf courses, you know, filled with different drainage patterns and and and circular patterns in which the air has to flow in order to help the greens, the the fairways and the trees survive. So, by putting this building there, we are limiting the number of trees that need to be removed because if we moved it to other portions of that golf course, we would have to seek to remove additional

trees. Um so it's very limited in the scope and what we're trying to do. We've tried other designs as before you you have seen one design before in which we asked to to delay the your hearing on it. But now we've moved the building to to further limit the number of trees that need to come down. Um it's it's not harmful to any of the neighbors because well it's 168 foot or 168 acre track and the neighborhoods are not many neighbors and houses there wouldn't affect it because it doesn't butt up to where the building's going to go. The hardship is tied to the unique characters of which that property has in of itself as far as the golf courses there. The surrounding areas this is not being built this building for financial gain or anything else. It's just simply it's an outdated building and this is the second phase in the three-phase building project and we're simply seeking those two trees because they're, you know, for lack of a better term, kind of in the way of having to improve the facility and this is the least intrusive way of doing it.

Great. Thanks. Thanks, Mr. Roy. We went out I went out there a couple times to take a look at it with you trying to look at the different options. Is um you have a picture of the trees that you are I do have them on my phone. I don't know how to is there a way that we can uh because it's interesting that when we went out there and I'm glad you guys found another option um as far as moving the building and saving those two beautiful oaks um that were on that on the golf course.

Y the backdrop area. And this is the the island is where the both uh one's 42 in 40 inches in diameter. The other one's 32 inches in diameter. They are white oak. One's the 40 in is the white oak. The 32 in is the live oak tree. Is that the the the the two that were on the golf course that are

No, these are not on the golf course. These are actually in the tongue coming in by the backdrop on the road where the starter shed was. All three of those trees we've talked about before were behind that starter shed. Right. Said it was the two that was the two big oaks were on the on the golf course. Correct. Okay. And they were gorge gorgeous. The two of the three were gorgeous trees. And I think that's what we were looking at struggling with was the uh how pretty they were them. I'm glad you could pull it back. That one of them. Those are the two trees. The same two trees. I didn't take pictures of the ones behind. These are simply on the drive. Those ones behind are going to remain. Got it. One of them was 72 in in diameter itself. Yep. Okay. Good deal.

So, looking at the this drawing that's here. Okay. So, do you have the one that's the last one that was sent I think uh two weeks ago? I don't know. That's why I'm trying to I have I have two copies of it. I seem like I know where the oaks are. I went down there today and looked at the two that you want. mind if I come show you where they are on it? Yeah, cuz there's red circles and there's green circles on this drawing. So, I want to make sure that the things on the drawing are also the thing ones on the picture. I think we have the old drawing. I think we do, too. This is an old drawing. Well, I've got I've got You got it. I've got that and that. Okay. We got the old drawing.

So, that's why this one had the red circles where that's why look like you're going to remove those big ones. So, I just want to make sure we're on the same page. All right. So, this is Springland Drive here. This is the driveway going up into the parking lot by the backdrop. These two are in the island here. The other ones were here, here, and here. So, this drawing that's in the package is disregarded. That was the original one. There was another drawing submitted two weeks. Okay. I thought it was part of this package as well. Okay. I'll have that picture.

I just think if we're ruling on something, we want to make sure that everything in the package is everything that's on the screen, we're all talking about the same thing originally, right? Those Yeah. The three that are that we looked at, two of them in particular were beautiful. I mean, they were so that footprint of that building is now coming forward to where that first tree is, the one that's in green. So, that's where the the footprint of the building's coming, right? Good deal.

I would say, you know, driving around down there and going through your parking lot, I think it would be hard to build a building without some tree coming out. I mean, You know, I mean, everywhere you turn down there, there's this beautiful big trees. I can't figure out where else you would move something. I'm very happy that you kept the three big ones that you switched off of those. So, and just driving around in your parking lot. There's so many trees. I don't know where you would how you could build something new and not cut down some trees. But these seem to be the lesser of the evils.

I promise. That's one of the unique things about the surf club is the number of oak trees that are there and that's what we try to maintain because it is part of its culture and part of the nature that's there. About how many hardwoods do you think you have on the property? Pro probably there's more than 10,000 hardwoods on that property. I think you did a good job uh moving the location that bringing it back and [clears throat] saving particularly the two trees. If anybody had a chance to see them, they're they're I think we all saw them. That's why we we had to go back to the drawing board to find another option. And I think by moving this thing back, it puts it the footprint is in a better spot even though we are losing a couple trees.

Any other uh questions for the applicant? I think aesthetically what they're doing as well.

[snorts] Great. Well, thank you, Mr. Roy. We're going to hear from the city and we'll be back. Petitioner James Baldwin has applied for a variance to remove trees in excess of 24 caliber in at 1701 Springland Drive. Trees exceeding 24 caliber per inches 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. The oak tree me the oak trees measure at 72 in. Staff recommends that the board review the variance application here. The evidence presented at the meeting and review section 2368. Thank you, Mr. Fwell. Welcome. Any questions for the city?

Yes, sir. Mr. Mhm. Yes, sir. Thank you. Thank you. Is there any uh questions for the city? Any questions for Mr. Roy? Yeah, we're going to public next. Yeah, I was going to catch everybody here and then we got the public at the end.

There there's one additional thing. If there's if there is going to be a replacement schedule, the circle club would like three years to do it because there's a third phase coming that may be a good spot to plant some new trees around because when the remainder of the building goes down, there's going to be a lot more green space where that is now. So, it's probably three years away from doing that. We'll take that in consideration. Thank you. Is there anybody in the public that wish to speak? Great. Thanks. All right. Um, anybody prepared to uh make a motion?

What are you all thinking about replacement? I think my opinion is on talking about the within x amount of time if we gave them where they come back and plant because they're going to pull. Sounds like you guys are doing major renovation on the clubhouse. Well, the clubhouse is going to be next and that's probably three years in the making as far as when it gets started and that that would be a great place for us to plant some around. Sure. M um Mr. any thoughts on that with the their time timeline as far as they've got a bunch of they've got as pretty oaks as anywhere on the whole beach and uh coming back if they do do any work on the clubhouse. It'd be nice to come back and add some more.

You can certainly put conditions on your approval. Okay, great. Thanks.

Then um I will make a motion we approve variance BZA-26-7. um finding that the applicant has gone to really made some significant changes and listen to our concerns about the first three trees they wanted to cut down and that this is a um a lesser tree removal. So, I would make a motion that we uh grant the variance BZA-26-7 [clears throat] the requirement that they either replant 74 in of white oak trees or pay $22,000 into the tree bank or any combination thereof and that they have three years to uh complete the replacement project.

Do we have a second? A second. Mr. Northley. Um, any questions? Any discussion? All in favor? I. Those opposed? The eyes have it. Okay, we're going to move on to the next item on the agenda. [clears throat] We've got item number two. We've got an application by Jonath Jonathan, Mr. Chair. Yes, sir. Let me go get Oh, yes. Thank you. Thanks. And leave him out there.

Yeah. Right. All right, we've got item number two on the agenda. We have BZA26-9, an application by Jonathan Reynolds for variance of a required building setback at 1205 Parent Drive, TMS number 357120 40061 and the resort residential R4 districts. Mr. Reynolds.

Yes. If you could uh come on up and uh introduce yourself for the record. Reynolds and your address. Um that one's 1,200 pair and drive. Deal. Thank you. Tell us about tell us uh what you got going on. So it's you know irregular shape. So I was just trying to see if we can move some of the setbacks to get a house on the lot or less. But we need some particulars like what if if these are your set we know what the setbacks are. 15 in the front and rear, five on the side. What specific setback variance are you requesting? So, I mean, right now it's I mean, whatever I can get, I guess. I mean, I [laughter] don't know. I mean,

that's not how it works. I mean, maybe like uh the road side because it it shaped like a I guess a triangle in a weird shape. So, maybe pushing it back to like five foot setback to the road or something. Do you don't have the setbacks on the the side and rear. I'm okay with. I was just trying to get some more room to just kind of shift the house into it. But you have to be specific. You don't have any plans, right? I mean, yeah, you're a good candidate for variance. Yeah. Uh but we need some plans. Um so we can make a ruling on it, right? You got the thing I have is I guess just the survey. We we've got that. We're looking at that. Yeah. Yeah.

It is a very small lot and it's very odd shape, but we're not just going to say, "Well, I was trying to put like a I'm going to give you a 10 foot variance or something." We need to know what kind of variance you're asking for and on which sides. Right. So, do you need me to actually like put a house on it? Yes, sir. And do like a like a plot and that way we can give you exactly specifics on each side of variance if you need if you need that. Yeah, that's fine. You've got an odd shaped line. So, we understand that. So, we try to try to make it work, but we don't want to we need to see what you're going to put on there to help us understand. It's probably like a 34 by, you know, 40. Let's a good idea of just if you could come back. Yeah. We're gonna table this and you come on back and just sort of draw it up how it would fit and then we can understand and try to help you. I can see what easily do that.

They're not though. So, okay. Okay. Do you think you could do that in a month? Do you need us to postpone this or do you need I can have it done by end of the week next week? Okay. All right. Then we'll we'll postpone it then. Okay. So, you'll be on the schedule for next month. Great. Thanks. No problem. Yeah. Thank you. Um do we need to hear from the city? need to hear from city or we just want to postpone this.

Yeah, I'll make a motion we um [clears throat] postpone variance BZA 26-9. Thank you, Miss Thomas. Thank you, Mr. Bell. We got a second from Mr. Bell. Um any discussions? All in favor? I Great. Thank you.

Great. Okay, we got item number three on the agenda and I'm going to have to recuse myself. Miss Lever, if you want to take over. Uh, item three on the agenda, BZA-26-11, an application by Cameron Parker for a variance to remove a tree exceeding 24 in at 180 South Asian Boulevard. Who is here on behalf of Cameron Parker?

Thank you, Madam Chair. Chef Gton, 460 Oleander Drive in Myrtle Beach. And also have Greg Duckworth with me who's the landscape architect for this project. Uh you all are very familiar with this project. It's not the first time you've heard from us and you've given us some great feedback. I just wanted to remind a few things that you know variances are typically based on the hardship that's on the property or related to the property, the circumstances surrounded it. If you'll recall [snorts] that on this particular piece of property, there are three things that were primarily driving the change in design. One was the neighbor and the city's desire that we not have a fourstory parking structure there which would create shadowing and create some more challenges to the existing landscaping. So the developer has removed that. The second one was that the developer contribute a portion of the property for use by the city as a public benefit which they've also done which further limited the use of the property. And then the third one was that the developer use its best efforts to preserve as many of the trees as possible. In this assembly of lots, there at least a couple lots have really good trees on it. So that's the other part of what we've tried to do here. Um on this particular variance request, if you look, this lot is bounded on two sides by existing roadways, which limits the width of the lot to be improved. There's a great tree in the center of it. This a 33inch tree. You'll see a discrepancy. The civil plans noted as a 24 1/2 in tree. The landscape plans noted as a 33 in tree. Staff has confirmed that it's a 33 in tree. It does fall in the middle of the drive aisle. So for the benefit of the remaining trees, what we're proposing is that we be allowed to remove that tree subject to the mitigation schedule of course, but that that one tree be removed for the benefit of the remaining trees that we can preserve on the perimeter of that lot. So, this does get to be very confusing

because there's all these different parcels and this part particular request says designates 1802 South Asian Boulevard as the lot. I think this will help. Greg's going to put the plan up so you'll know exactly which lot we're talking about. Isn't that the lot that has the construction building on it office on it at the moment? That White House. No, that's on the rear. That's one of the third row lots. Okay. No, I mean I was just down there and I that's why I'm confused. I was just down there and that white building says 1802 on the front of it where the people are rocking on the porch and the rocket. You are correct.

Okay. So, I don't This is my issue. I'm looking at that particular lot because that's how the variance reads. That tree doesn't appear to be on that lot. That that tree that you want to remove does not appear to be on 1802. This one right here. That's my concern. I want to make sure we're talking about the right addresses, tax map numbers, and trees.

I could be wrong about that, but I just went by and looked and there's that house takes up almost all the lot where the construction office is. And then there's trees down the side of it. And there's like sand fences along it, you know, like those construction looking sand fences there that have the canvas on them. And there's little trees down both sides of that house. I don't know how far over 1802 South Ocean Boulevard goes to the left because the right hand side is if you're looking away from the ocean, the right hand side is that yellow house which is not part of the project. And then on the left then there's the White House where they're using as a construction office. And then to the left is [clears throat]

I think it might help if shows the overall assembly so you see each of the lots. That might be helpful. [snorts] You have the ocean front lot in front and then you have the two second row parcels and then the two third row parcels. So all are all you you were here only today for 1802. What? No, there's a series of variances. The first one is for the removal of that 33 inch tree. Okay, that's if you'll recall there was we had all these joined together at one time. We separated them so it would be clear as to what we were asking for.

And this particular variance is only the removal of that 33inch tree. I think it may clarify if you could describe that that white building is going to be removed when parking lots put in. Yes. But how far does 1802 How big is 180 where that right building is to the left of it? That big sand lot with the trees on it. Is that all part of 1802? Four lots in a row. That's four lots. Okay. The first being the one with the white building. Okay. And then three vacant lots. So all four of those lots are considered 1802. That's what I And if you look at that plan, you'll see the lines for the prior to um being combined. You'll see the lines for each of the lots there.

Thank you. That [laughter]

And if you see at the top of the page, those are the trees that we're talking about that we've made every effort to preserve. So, there's lots of small trees on there that are live oaks that are not protected. They sort of look like lollipops or something. Um, what is your plan for them?

Yeah. Hey, it's Greg Duckworth here. Thank you for hearing us this evening. Um, as uh you and I had walked, it was what maybe a month and a half ago now. This was the one that had the most trees on it, the lot. Now, you mentioned that some of the trees are smaller. Mhm. Um those trees um to me and I think the neighbors too have high value because of this the windswept nature of them. They're they're not just

lollipops as you indicated. Um, so there in lies the goal and the challenge at the same time is how how can we preserve the the unique unique sculptural aspect of these trees that are essentially one of a kind. You know, you just can't go buy those at a nursery. Those have to evolve over, you know, 50 years, 100 years, whatever it may be for them to take on that characteristic. And that what what makes it so important that we try to implement a parking strategy like this that'll preserve those trees. Granted, some of those trees don't meet the uh the limit in terms of protection, but in my opinion, it doesn't matter if they're small or large. They're important as a group to stay together and look the way they do as as an aggregate appearance and and that's what we've tried to do. Um we've gone to a one-way circulation pattern and you can see kind of the staggered or sawtooth kind of edge to those angled parking spaces that allow us to pick up extra green space in and around the trees to preserve them. Now you'll see in gray on the plan. These gray areas that are kind of darker than the rest of the sheet, those are areas that fall within the canopy tree protection area. And the the what we're going to do there, what's proposed is to do an aggregate surface there that's permeable, but it's also dustfree. uh that will allow the tree roots to have water and oxygen and uh allow them to continue to grow in a healthy way. Now, you can go and point to trees and

parking lots all around the beach here, and yeah, some of them are literally paved right up to the trunk with asphalt, but it's probably not giving them the highest and best chance to survive. Whereas, what we're trying to do here is take every opportunity to give them the highest and best opportunity to survive. And I [clears throat] think that when this is built, yes, it'll be a parking lot, but it will feel a lot more, you know, neighborhood friendly than your average parking lot that's out there that are used for beach access parking, for example. This is going to be quite beautiful and and and do a good job of saving those trees. Yes, we're taking out one. [clears throat] This one here, that tree exceeds the uh limit that requires us to be here this evening. And that's what the variance would be for would be for that one tree. But I think the that single tree being lost uh unfortunately uh h would happen, but in the in the process, we're saving all these other really nice sculptural trees to do so. and and and it's in the drive aisle and that's why it just didn't end up being the one. Now, I was going to show here in just a second. [clears throat] We're looking at using a gravel binder that's literally designed for being around trees and uh it bonds with the uh the aggregate uh without fines and it uh basically creates a a dry dustfree environment but that's high highly permeable. Um, I'll just quickly step away from the mic and scroll on my screen for you here. This is the product called Romax. That's just telling you you shouldn't

install it when the temperatures between 41 and 86 just because of the curing times. Again, it creates a dustfree situation. That way, the the gravel is not loose. It's great for pedestrians and vehicular, highly permeable. You can wash it off. It's ADA compliant, well, ant resistant, pressure washer safe, highly permeable. There's a video, too, but I don't want to get too deep in the weeds on this yet. But uh anyway, that's but that rep was literally in my office yesterday and we were talking through the project [clears throat] and and how it would apply to these aggregate surfaces.

That covered. Okay. Any questions? I'm glad to address, but that's just kind of like the overview. So, I guess with your landscaping plan, it looks like you've removed parking stalls on this to save those trees. Yes. Yes. On the outer perimeter. Correct. So, how many stalls are you losing by saving those trees?

You know, [clears throat] originally on the civil engineering drawing there were 72 and we we lost one, but that's because we really broke out the shoe horn to get this to fit. And before it wasn't it wasn't a one-way driveway. It was a two-way driveway and it just it just jammed it all in there. It was literally just wallto-wall asphalt literally. And frankly, I don't even know if that plan met code in terms of interior landscape and all those things yet. It just it was just something that was a study of how can we get the parking we need and I was like this is not going to fly. And this is when we came up with this. M

Mr. Duckworth, do you mind pointing to the tree [clears throat] one more time? C Can you say that again? I'm sorry. You mind pointing to the tree one more time on your map?

Okay. It's the one with the dark circle and the X through it. We coded that one that way because it meets the uh criteria that for Board of Appeals. There's two other ones here with a lighter halftonone circle and X that are protected trees that are 18 uh but did not require the board of zoning appeals. Now, mind you, [clears throat] this this is not a landscape plan yet. This is just a parking uh design with tree protection layout. And so when we get into the actual approval drawings for staff, [clears throat] we're going to have other trees, for example, along Ocean Boulevard here, probably a tree right here, you know, trees in here, tree here. There'll be trees here. There'll be trees in this landscape buffer here and along on this island, too. So, this won't be the only trees on the site, but these are the ones that we're trying to protect. And that's why we're here is talking about existing trees and how can we save them.

So I guess that's my concern is I'm trying to figure out if we were to say okay we'll let you we would grant your variance request to remove the 33inch tree but you have to leave all the rest of them. Is that going is that what's in this plan? Well, there [clears throat] are ones are you going to leave if we The ones that have circles a dash circle around them are all the ones we're keeping. Okay.

The ones that have like an X in them because it's like well, you know, at some point we have to put a parking space and a drive aisle in. So, what we try to do is thread the needle and give you the best possible solution to put parking spaces in there, but also save as many trees as possible as well. So, this was kind of a balancing act of what would be the best trees to keep and still have a parking lot. And that's where we are with this. And as you had mentioned earlier, uh, Cynthia, the, uh, some of those trees are are smaller and some of those are the ones that fell [clears throat] in these drive aisle and parking areas. And so, again, we were balancing what we thought would be the most desirable things to preserve while doing so. Will we lose some trees? Yes. Are we going to keep a bunch more? Yes. And are we going to be putting more back? Of course. So because we don't even have a planting design yet because we're not going to go way down the road on design until we know that the city is okay in this case the board of zoning appeals is okay with trying to achieve this goal.

So the circles represent the tree you're saving. Yep. So you're trying to save I just number might be off a little bit but you're trying to say 34 trees. Okay. Yeah. Plus or minus that's a good thing to say. Uh, and again, those heavy dash lines aren't necessarily the canopy as much as they're the prescribed tree protection zone around that tree. Okay, so counted 32. But again, mind you, all the trees that have X's that that don't have uh a heavy circle around it, which is every one of them, but one, they can just cut them down, right? Straight up. They could clear cut this lot except for that one tree. Right.

Right. This is just in in my view, they're trying to do the right thing and do a nice This will probably one of the nicer commercial parking lots on the ocean front. So, if you guys choose to go that direction,

that's why I'm trying to put that into the discussion is that if we grant a request, a variance request to remove a tree, we can attach conditions to it. And so I'm leaning towards the condition being that if we were to let you remove the 33 inch tree that all of the rest of them would remain as shown on this map that you're not going to go back later and say, "Oh, we decided we're going to we don't have to have permission to cut these down, so we're going to cut them down." I I understand what you're saying and I think that the the developer would be fully in agreement with that because why would he go through these extraordinary measures to save [clears throat] them and then say, "Okay, we got the variance. Let's cut them all down." That's not what's happening here.

But yes, please put that that requirement because that way you'll feel good about it. I do want to qualify that a little bit just to make sure we're saying the ones that are shown as being protected, not all the other trees. the ones that we're proposing to save. Right. Well, that's what I'm trees. Right. All the surveying circles around them. Right. So, I can say that that you that we could have a variance granting a request provided that the only trees removed are the ones with that [clears throat] have the hard X's on them. Correct. Yes.

Which I think I counted 28 maybe. I don't know. And just like you and I saw out there that day, a lot of those trees on ex with X's, they were the smaller ones that I mean, frankly, some of those were even literally dead, but they were on the survey. Yeah. And then some of the cedars were rough looking, too. Yeah. And and they've been beat up by construction because they had to take trees off those lot. I mean, sorry, houses off those lots. And let's face it, the guys taking the houses off weren't exactly being delicate. Okay. Any other questions for um the applicant

at the moment? Right now, we hear from the city, please. [clears throat]

Petitioner Cameron Parker has applied to remove a tree in excess of 24 caliber in at 1802 South Ocean Boulevard. The tree is a 33 inch live oak. Trees exceeding 24 caliber inches 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 individ 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. So, the two trees that are less than 24 in, looks like there's a 16 inch and a 20 inch that are not protected that they're going to remove, how much what are they required to replant by the city ordinances?

16 total inches.

And the other trees that they that have the little X's on them, if they take those down, are they required to replant anything for those? I can't actually read what it how big they are. Okay. So, what size are the if what size and above do they have to replace? 16 inches and over. So, if any of these with the hard X's are on them are more than 16 in, they'll require 50% replacement. 50%.

And so there there is no landscape plan that's been submitted at this point in time. Okay. Anybody else have any questions for the city? No. There anyone else here in the audience that um would like to comment or have a question like to add anything? Were you all sworn in? Did you all get sworn in at the beginning?

Okay. If you come forward, they'll swear you in [snorts] and state your name. Who need a uh does he need um excuse me? Does he need a uh Yeah. Okay. Uh do you solemnly state under penalty of perjury that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth? And if you can please sign in as well if you have not come here.

So do you understand the nature of my question? Yes, sir. And just I think I can answer that or Mr. Caldwell can answer the question. Is you're concerned that there's only 72 parking places for that whole big building and that's No, this is just a portion of it. There's four other lots that will have parking on them. Okay. And so how many total parking places? 219. There's going to be 219 parking places. And this is 71 or 72 of those places will be on that lot. So where there staging materials now that will all be parking as well. Correct. That's the plan. But it won't be a fourstory parking garage. It'll all be ground level. Yes, sir. Yes, sir. Yes. Okay. You've answered my question. Thank you very much.

Yeah. We're trying to get away from that parking garage concept. Can you please sign in?

I did. My name's Jimmy Michael. I live at 1800 Parin Drive and I also live at 1804 Parin Drive. So, it's right across from this. 1804 has been in my family for since the mid 1970s. So, I've been looking at these trees since I was 11 years old. And and they are big trees. They're eight they're over 8 inch diameter. All of them. Every one of them has eggs on it. is over 8 in diameter and they want to cut all these down and and and and I don't want it to happen. Those protect my two houses on that street. I got all kinds of stuff here. You know, he this is does not follow the oceanfront overlay at all. So, he's not even following the zoning practices for all these. We're going to do these one at a time. I've got all kinds of stuff about all this, but that's he's cutting down close to 30 trees. Y'all didn't ask how many trees he was cutting down. You look at all those X's. All those trees are going to be gone.

I agree. I was That's I think I counted 18 of them. I counted. Yeah, but you got to count it on all four lots. They're cutting close to 30 trees down for all four parking lots. and and and to be honest with you, they're not allowed to have parking on the third and fourth row. They're in the overlay zone, the oceanfront overlay zone. So, they're not even allowed to have parking on the third row. That that's in the overlay zoning. And it's also says you can't be over 300 feet away from the principal site. That parking lot, not all of that is within 300 feet of the of the hotel.

Okay. I want to ask the city to address your concerns. Okay. So, I got I got stuff for the other stuff, too, but we'll let them present it first. But I I've been looking at these trees for a long time, and I really don't want them cut down. They protect my house. I do not want to live in a parking lot. I I face Parin Drive. I don't want to face Ocean Boulevard. If you cut all those down, the characteristics of this neighborhood will be changed forever. And that's not fair. That's not what the That's not what this hotel was supposed to do. It was not supposed to do that to to us. You're you're supposed to maintain the characteristics of the neighborhood. Okay?

And cutting those trees down and making a parking lot out of it does not do it. You're also supposed to be minimize the area, high density, maintain the smallest area. Well, by making however many acres of parking over as opposed to a parking garage is not minimizing that area. And and I've Miss Bunny's not here, but she's got a list of all the neighbors that do not want this to happen that would prefer a parking garage. Yes. Yes.

It's interesting. Okay. Your concern is noted. I don't know how many of these trees again there's a there's an ordinance for the trees for the city that certain size trees are protected certain and they're only the only trees that are protected that you can't cut down are over 24 in. So all of these could be cut down. Yeah. He could go in there and clear cut the whole lot and just keep that one tree. Cut the whole lot and he's trying to he's trying to peep as many trees on as he can and that's the because if he if he wanted to he could just not go before this board cut all of them. So basically, if we deny that 33 inch tree today, he has the ability to go and cut every tree on that lot. That's correct. That is that's where that's where we stand. That's the bargaining. So that's that's it's whether we like it or not, that's the bargaining chip. If we say no,

sits out there today. There is no hardship here. There is no hardship for them. They have a permit in hand to build a parking garage. So there's no hardship. They want to do this for money. The only thing in front of us is this tree. And if we say there's no hardship with that 33inch tree and we're going to deny your variance, then he can go in and clear cut every other tree off of that lot with no restrictions and you will be looking. He does a hardship to do that. Yeah, that's the problem is the code only protects trees over 24 in. We're trying to protect more of the trees by letting him cut down one. And that's

But he's cut down more than one. He's cutting down 16 other ones or however many there are. He can do that. He's allowed to do that per the code, per the ordinance. I That's the c that's the catch, right? The ordinance allows anything under 16 inches to come out as long as they replace it with a 50% replacement value or pay into the city tree bank. That's a city ordinance.

If we had a tough Yeah. If we had a tougher tree ordinance, which I wish we did, that would um more trees would be protected. But it's only I deal I see this all the time. People come in, they want to buy, they buy a lot, they want to build a house, and right in the middle of the house in the driveway is a 35 inch tree. And the ordinance says that if they could cut everything else on that parking lot on that lot down, and they do, and then they come to us to get a variance for that 35inch tree, which is in the middle of their house, and we have to give it to them because we can't say, "No, you can't build a house on that property because then that's called a a taking." So, there's so many legal issues with this and it's frustrating. I I see it all the time is that people come and get a variance for the biggest tree on the property, but they then they just go cut everything else they want down and there's no restrictions. There's no way to limit it unless we put some requirements on, which is what we're trying to do here is trade him this one tree for all the rest of them exactly.

All the trees in the circle, all the trees in the circle would be saved. Yeah. which would be most of them around the perimeter which would be in front of your house and build a four car four story parking garage. But that won't No, he can't do that there. Can't do that here. This is R4 and it's not RC. He can't do that here. It's all R4. Huh?

It's all R4. No, where the parking garage is RC from 19 from 2021. I've gotten the letter that y'all sent me saying you were changing the zoning to RC. So, the where the parking garage goes is RC. Where this is going, this is R4. You can't you can't build a parking garage on an R4. That's why they changed that to RC so they could put the parking garage there in 2021. I was part of that because my property is caddyy corner to that thing. So that the city sent me a letter saying, "Hey, this is what we're going to do." And I was fine with that. And then he promised to put shops down there in the bottom floor. Now that's going to that's gone after we get after he has the building permit and started building. Then he changes all this.

I understand. I think probably part of the problem initially was he was going to have to build a parking garage because the other property owners wouldn't sell him the land for the and they went back later and decided they would sell him the land. So then he could get out of building that parking garage. I mean really I think if you talk to most people that have a parking garage in front of their house or around their house, it's not what they want. I know people up in Cherry Grove, you know, that have those big parking garage. I don't think y'all realize what you're doing putting all those cars in with pedestrians. You you [clears throat] 18th Avenue is the only way to get to the beach from Holly down. There's no cutthroughs. 18th Avenue is the funnel where everybody goes down to the beach.

And now you got four parking lots that they're going to be driving back and forth between with all the pedestrians. I believe they're going to put a golf cart. Their proposal is it's going to have a golf cart trail where alongside where that white house is now, I believe. Nope, there it is. It's not there. It's not there. It's not on their drawing. I think the city will require it. Don't you require that? Well, if it does, it's going to take out all those parking spaces. They're not going to get parking spaces in. Isn't it required that that public beach access that's going to have golf cart parking? Don't you have to have a road directly or path directly across from it so people can cross Ocean Boulevard to get to that? They can't drive down Ocean Boulevard. believe they're low speed vehicle parking spaces.

I believe they're low speed vis uh um parking spaces, low speed vehicles. Okay. That can be on the road. Okay. So then that's not my understanding. But there is no parking how is this going to work with the parking for the city? I mean they haven't submitted a parking plan to you yet, right? Um we've seen drawings. I don't know if there's going to be revised drawings or not. Okay. But they haven't been approved or the site plan has not been approved yet. Site plan has not been approved yet. Right. I'm sort of lost in a no man's land here on what the rules are. I'm just studying this one lot with this one tree. Um so I don't know how y'all would like to address

that's that's [clears throat] what the variance is and that's what he's asking for spec specific to this lot. And I have to agree with Mr. Thomas. Yeah, I'm sorry. I want to call you Hank. I'm sorry. Um, I have to agree with Mr. Thomas. I mean, we have one this one particular zoning request in front of us for this one particular lot, and we're try I'm trying to find a way to leave as many trees as possible on that lot. Um, the problem is I'm looking at it in totality, not just this one thing,

right? You ought to look at all of them before you vote on anything because there's all kinds of stuff that's that got have that has problems for the whole concept. And I I do understand your concerns, but we're tasked with one one request at a time to go through these one at a time and that's the only way I can do it. I can't. The problem is it's not they're not one PIN number, right? So they're different parcels. So because of that, we don't have the ability to vote on them as a whole. Yeah. because it has to be related to this particular piece of property

and so and yeah I mean that's that's the that's the issue we run into right so we're trying to follow the letter of the law that we've been tasked with and then at the same time we want to see the trees be protected too so we want to see as many trees be kept on this property as also so we're trying to decide do you take down a 33inch tree or do you tell him he's got to keep the 33inch tree and the rest of them get wiped I mean, yeah, that's fine. I'll I'll come back up and talk about the other ones then. I mean, yeah, I Yeah, I mean, it's it's it's navigating muddy waters. Whe you like it or not, that's where we are.

So, we're just trying to figure it out. And we as I think I'm can't speak on behalf of everybody up here, but I would like to see something that is for the betterment good of the community if this is what's going to be there and have as many trees protected as possible. I mean, that's what I would like to see. I can't speak on their behalf, but I know Miss Lover loves trees and wants to see them be stay on the property as well. But yeah, I understand your frustrations.

I I mean, and all your other concerns are now on the record. I think when they get a site plan, then they will address those within the statute at that time with regards to the zoning and the distance from the property and all of that. All we're tasked with at the moment is this parking this one lot and um and I want them to leave as many trees as they can. [laughter] Okay. Okay. I'll come back up when and I appreciate your input and your concerns. Yeah. Yeah. Thank you.

For clarification. Have you been sworn in? I don't have I'm not giving testimony. I'm just asking a question. Are we talking about Billy McGonagal, the chairperson of the BCA? This is his project and we're at the peril of his project, the person who serves on this committee to help. I'm just asking for clarification. Is that the project person? Is that who we're

I believe he does have a financial investment in the project, but there's other people as well. Okay. So, I'm not saying that they all are. So, I just was curious if we could make make sure that everybody knows that the chairperson for the record of the BCA is putting us in this situation where our community members are asking for help and for consideration and you're going to try and figure out a way to help that, right? Just ask him for clarification. Yeah, the chairman has recused himself. I don't understand the issue if he's recused himself. There's no conflict. I just think the citizens should know I I'm not done either. I wasn't done either. It's It's

not inappropriate. It's a question. I have the right to ask a question. I'm a citizen. I'm a tax get sworn in. I swear to tell the whole truth and nothing but the truth. So help me God. Okay. I had a question. That's not testimony. And I have the appropriate right to speak. I'm a taxpaying citizen. I have to ask the question. This is another citizen. This city I just asked the question. Is that Billy McGonagal? Would you and I like to have this conversation out there? We can. It's not inappropriate. There's nothing inappropriate. Okay. You've asked your question and we did clarify. That's who it is. We did clarify. Okay. That he has an interest in the property. That's correct. But I just wanted that to be Do you have any interest in this area? Any property around this area? Do I what?

Do you have any interest in this property around the area? This area? I live in North Myrtle Beach. It's going to affect North Myrtle Beach as a whole. I don't have any anything in this. I don't have to. I can I can I didn't I didn't I just asked questions. I know, but it's very very That was very nothing. It was chastising. And it's okay. I get it. I get it. I just I didn't know if you had any if you lived in this area or I've been watching it and I've listened to the citizens and I just think it's unfortunate they keep coming back and asking for your help and you continue to to pander to them in the way that oh well he's not going to cut down all of them he's going to try this is our chair person we're not pandering I feel like it is it's not pandering you're make again you're making us you're making an observation of a statement that you have no factual information on which you continually do outside of this place as well

just asked you he just and we told him the truth we told him we said look but this is our chairperson of the BCA. This is the person who's supposed to be here upholding the cities, you know, the the ordinances, the things that and listening to the citizens. I just wanted to make that point. It's not anybody, it's him. I think everyone knows that. Okay. I just want to make I mean, that's you made it pretty obvious already. Thank you for your input. Yeah. Is anybody else here that wants to speak? Is there anything else? We Anybody have any questions for the city? Anybody prepared to make a motion?

So, Mr. Gayton, you mind if I ask you a couple questions just so we can define the hardships? Sure. So you guys have traffic on each side which we state is a safety issue that the that that the gentleman stated as as well. You've created a one flow traffic pattern within the parking lot as well. Correct. To make sure that it maximizes the space that you can have to maintain the trees that Mr. Duckworth is trying to save. Correct. You're also trying to maintain pvious surfaces to protect the nature and oxygenation of the trees as well that would remain on the property. Correct.

And you will not remove any other tree on this property outside the ones that are marked with X on this current map. That's correct. Plot, I should say. Correct. Okay. Just wanted to verify and be on record for that because I I do, you know, I just want to make sure that we're all on the same page. And if Okay, that's

one thing that might be worth clarifying is there 169 rooms in the project. That means there's 169 required spaces. 170 standard spaces are required. So that difference between 170 and 219 are not required parking spaces. So the dimensional requirements in relation to the project, none of that applies. I'll address any questions from the board, not from the audience. I guess I mean if we do have a restaurant on the property, those extra parking spots, will they cover the the additional patrons that would be coming in and out? Correct.

Okay. I just want to make sure that your issues are addressed as well. I think that's important also. And since we're since he's raised the issue that his house is behind there, um it looks when I'm looking at this map along Parin, it looks like a lot of these circles are along Pin, which would provide some kind of a a green space or a buffer back there. Is there um I'm thinking now maybe we should make a requirement of the variance that there be some additional landscaping as a buffer between a long pair and drive in front of that man's house so that he wouldn't

he would be looking at more greenery and less vehicles. I we would accept that stipulation, but it's fair to also say that um the city's landscape ordinance is already going to require them to do that. So, we're going to be putting plant material under those trees between Parin Drive and the parking spaces. Uh, so that there will be a buffer, if you will, that's enhanced. So, it won't be just the trees. You you will be required by the landscaping ordinance to add additional

shrubbery and green space along that along Par. And the nice thing about this setup, the way the existing trees will be there, is you're going to have these kind of nice sweeping um bed lines and the understory plants will be a combination of things that are evergreen, shade loving, some lower growing ground covers and things too. So it will be a very attractive edge right there between the parking and parent.

I bringing I have do have a question for the city. Uh the gentleman that spoke Mr. Michael I believe his name was he indicated something about this being in the coastal overlay zone. Yes. So is this lot in the coastal overlay zone? This one? Mhm. I believe it only covers the oceanfront lots. It's only the oceanront. So, this one is not in the coastal overlay zone. Not in my opinion. I I don't have the map in front of me, though. Okay. So, I'm just curious about if there were different landscaping requirements for that overlay zone versus No, the state has requirements about planting past their their their coastal zone lines, but they wouldn't be planting across that line. Okay. How about fencing?

Fencing is regulated in the zone. Yes. So there be are there fencing regulations for this lot? I didn't believe there was any fences on this lot. No, there aren't any. I'm just curious. I'm trying to think of a way to help make um put a buffer between the neighbor block and the project.

Would you like a fence up, sir? Would you like a fence on the perimeter that block privacy fence that blocks where your house? Because you're 1800, right? You're 1800 South Parin drive. Is that you're 1800 parent? I'm trying to I'm trying to address your concerns as best as I can [clears throat] and it could be as part as because they need to remove this tree, this one protected tree. That gives us leverage uh over the developer, which again that says, okay, we're going to limit what else you can remove. We could also require that um they put a fence up along that along the back of Parin Drive. I mean, is that something that would make you would feel better about if we made that a requirement that they have a fence in there along with the landscaping buffer?

Okay. Couple of trees on the You got to You have to work around that a little bit. You got a couple trees on the perimeter, but it's doable. Mhm. You just would have to work around. I mean, it wouldn't have to be You could go up to a tree trunk and then start on the other side of the tree trunk. Yeah. I mean, yeah. Just have to work around it. Yeah. Yeah. Yeah. Yeah. Yeah. Okay. I mean, that's something we can add to any So, you would like that we make you like a fence on the back.

Okay. Excuse me. Hello. I don't have a gavl. I wish I did. Um, would Yeah, if you want to if you want to add something, you need to come up. get sworn in and then testify and state your name for the record where you live. Same way as everybody else

person. Do you solemnly state under penalty of perjury that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth? So, do you live in the area also? I'm one of the developers. You're one of the developers. Okay. Okay.

And I was just saying, you know, the fence I'm I'm and I could be wrong, but from what I know that from where you live and where you and I have talked, it is behind the yellow house that is not being used. The same house that the lady has written a letter to you guys saying she does not want a parking lot that, you know, and sorry, a parking garage. And I hope y'all got that letter. I sent that over to Ben with that and a few other neighbors as well. But um I was thinking, you know, I don't see why we're doing the best we can. We've got, you know, we have worked bent over backwards to put these to put these trees in place and to keep them there to ask for this one spot.

And we I mean, we just want to be good neighbors and have and have this place beautiful. And I'm just, you know, it's it's we're doing everything we can to make this work. So, I just wanted to add that. I wanted to add that I thought you were right there behind the ladies right across construction house. Okay. Um but I I just think it would take a lot of away with a part with a with a fence. I mean, but if that's what we need to do and that's what you want to do, we can talk about it. Sorry.

Okay. I think Mr. Duck uh Duckworth was going to say something about the fence discussion issue here.

I don't mind. I think if you put a fence between parent and the parking lot, I mean that's the board's prerogative. Obviously, you can do whatever you want as a requirement. I think aesthetically it wouldn't be as pleasing as vegetation. And if you wanted to make a stipulation that we go above and beyond the code requirement with the landscaping and do like a dense evergreen screen that would be more aesthetically pleasing. And I'll use an example which all of you are probably very familiar with and I believe it's off of I think it's 8th Avenue North. If you're driving from like the corner there where uh the church is and you're going towards the ocean on the right hand side after you make that kind of weird dog leg and you start heading straight down to the beach on the right there's a development called Seaside Plantation. Now the developer could have put a fence there along uh the avenue but they chose to do a nice dense evergreen hedge instead. And for the neighbors,

that's pretty on. It looks a lot more pleasing than just a hard fence. I don't care what you build the fence out of, whether it's, you know, wood or one of these new vinyl things. But I to me, I think the the vegetation would be more attractive for Would you be okay with a dense vegetation landscape plan? Well, that cut it'll cut it down. better.

Well, if you do the greenery that he's talking, have you been on 8th Avenue, uh, North and North Myrtle Beach? You know, the avenue where the Catholic church is. So, you you got Chick-fil-A and then you leave Home Depot, you can make a left out of Chick-fil-A and you can go back to 8th Avenue. You can make a right and go back towards the beach. And there's a great neighborhood that's prime example, but they do have unbelievable vegetation and it's grown up and you don't really know there's a neighborhood back there other than a couple houses that are built really high. But the vegetation would actually be a better noise dampener than the actual fence itself because the fence is going to bounce noise whereas the vegetation is going to absorb the noise.

So we're just trying to find a way to help you as well if you're okay with a vegetation plan. Okay. Vegetation follow. Yeah. Yeah, it'll grow taller over time over the fence. Yeah. [clears throat] So, yeah. Okay.

All right. Going back. Does anybody have any questions for the city? Does anybody have any questions for the applicant? Anybody else in the audience would like to speak? Okay. Is there any discussion among the board? Anybody have any thoughts they would like to share input? Okay. Is anybody prepared to make a motion?

Miss Lover, [clears throat] Mr. Chair, co-chair, I move that the board grant variance the 26-11 because the applicant has demonstrated unnecessary hardship. Specifically, there are extraordinary exceptional conditions to pertain to this particular piece of property which is that it does have two road furniturees that has been four lots have been combined into a parking lot and the applicant is trying to save as many trees on the property as possible which also help with the drainage issues and other things of that nature. These conditions do not generally apply to other properties in the vicinity. Because of these conditions, application of the ordinance to the particular piece of property would effectively prohibit or 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 and to the care of the district would not be harmed by the granting the variance. The additional comments to this variance is that we would like the applicant to only remove the trees that have been marked X on the plot that has been uh shown and presented to the board today. And then they also do a landscape buffer plan on the back of the property for parent and drive to create buffers and noise dampening for the residents in that area.

Going to put any kind of a replacement schedule in your motion for the 33inch tree. The applicant can pay the fee that's associated with the removal of the tree or replacement schedule of the 33 in through the buffer on the back of the property with other protective species of trees. That would be in addition to the um ones the in addition schedule that he's already in addition to the in addition to what he's required to replace for the trees that are currently being removed. Okay. Do I have a second? A second. All in favor? I.

All opposed. I have an eye, by the way. Okay. Oh, no. The eyes have it. The variance is granite. Thank you all for your time. The only thing I was going to add as a clarification for the buffer tree, the trees [clears throat] themselves that are above and beyond the normal code requirement. You had mentioned that they would go along the back. It would be good if to to say that we could put them on the front too because we don't want to put so many in the back. It affects the health of the canopies of the existing ones. Does that make sense? Sure. Okay. Yes, sir. Thank you. All right.

We have the next variance is variance BZA-26-12. Ben, has has have these been postponed or removed or to your knowledge? That up to the applicant. Okay. Has anyone here for variance BZA-26-12 1716 South Asian Boulevard?

Uh, Madame Chairman, uh, as we mentioned, we have been trying to work through these variances. Today we're of the opinion that we will be able to withdraw 2612, 2613, and 2614. We have not confirmed that with staff yet. So my request would be that those three be continued to the next meeting so we can confirm that with staff and then appropriately submit a withdrawal. When you say withdrawal, that means that they just go away and you have to start over from scratch.

No, we don't believe we'll need them at all. We're asking for a continuence to the next meeting. So that between now and the next meeting, we can confirm with staff that we have a plan that complies without the need for a variance. And at that point, we'd withdraw them preferably prior to the next meeting. He wants to postpone it. Okay. So would anybody um anyone like to make a motion? I'll make a motion, Mr. chairman uh chairwoman that we postpone 26-126-13 and 26-14 until the next scheduled meeting. There a second. All in favor? I. All opposed. Thank you.

Have it. So these are all continued to the next meeting. [laughter] Thank you all. Have a nice night.

Thank you. Okay, Mr. Chairperson. Um, we ruled on [clears throat] 26-11 and then the applicants for 2612, 2613, 2614 ask that they be continued pending uh consultation with the city as to whether they um we'll just withdraw them all together, dismiss them all together.

Okay. So that leaves us on number seven on the agenda which is BZA 26-17.

Thank you, Mr. Chairman. After speaking with the um city attorney, I'm going to recuse myself from BZA-26-17. Okay. Thank you, Mr. Thomas. All right, we're going to move on to item number seven. We've got BZA26-17, an application by Kenny Hyatt for advance to remove three trees in excess of 24 inches on diameter at 1001 Hyatt Pond Road. Mr. Hyatt.

Yes, sir. Kenneth Hyatt 319 27th Avenue North North Myrtle. Um, we're requesting to move the two that are in the footprint. One of which we do, pardon [clears throat] me, have a letter that it is dead. And then the only there is another dead tree that's next to the road. It doesn't bother me to leave it, but they claim to think it's a hazard as it is dead. And the one that is of concern is the one at the very edge of the property. And if I can show it to you, the one on the very edge of the property, the arborist is very concerned that when we cut the foundation that is going to definitely kill the tree as the property owner next to us has already cut the right hand side. So, of course, the propert the tree was on our property when they cut, they didn't have to have any type of a variance or anything from the city. So, we pretty much drooed that tree under construction, but that's entirely up to the board.

Okay. Let me make sure I understand what's correct. Which is You've got the You've got the two trees. Which one is the one that you said is dead? Which one is Which one is dead? This one is dead. The one that's right on the inside. Okay. Okay. You have a picture photographs. I went out there and looked at it and took some pictures out of my car window, but I always like to see exactly what we're talking about. Things look different on drawings. I have I have a picture on the phone if I find it. Okay. Yeah, that'll be good.

Of the of angles. This tree is the tree that sets practically right on the build line. Okay, you can see the main roots head towards the buildable area. And what how many inches is that one? That one's 26. And what kind of tree is it? [clears throat] He specified, if I'm not mistaken, it was a red oak.

A live oak. It's marked as a live oak on the on your survey. So So looking at that tree, Mr. High, where is that on this on the map? Is that the one to the right here on the back? Okay, gotcha. Okay, he's worried about like I said, don't think it's going to it's going to be right on the eve of the house, but the arist is concerned that of course it's going to die and then it's going to be between both and it follow what you guys recommend is This one is dead.

It's 32 in.

32. On your plot plan, it shows us 32 in the one in the middle of the lot that you need to take out. This was done by Harry and I'm not sure if they measured the bottom of the tree. Somebody told me to measure. That's how we measure. That's how Yeah.

26, but it is dead center. What about the two trees? Um, [cough] as you go into I think it's surface states, there's there's two trees. I know this is my little photo and it's not very good, but um beside that neighboring house, like if you're going into surface states, they're along that um there's a fence and there's two trees right there on that corner. What do you I don't even see those on your map. Yeah, right in there.

Now, come here. If you could you come here a second. I'm sorry. Or maybe I could give this to the city and they could put it up there. So, going into surface states, these two trees are here. I don't see the two trees. Which two? These two there. They don't look dead. There's one under the lau. It's in the middle. No, this is See, like this one is right on this guy's fence. And then there's another one beside it. Well, isn't that a fence there? That's the house on the back of your lot. Correct. Okay. There's a fence. Yeah.

Okay. And there's a tree. And there's a tree. And there's another tree to your right. Yeah, I'm thinking that's the one you said was dead. No, the one to the right is live. This one here. This one is dead. And the one in the back is the one we're going to rip the roots out of. So, this is this one. And this one by right here by this post with the pink flag. Pink flag will be the closest one. Turn it around. Those look like two healthy trees.

I have a letter from the arborist. The city, do y'all have a letter for the arborist? Yes, he got it.

Ben, y'all have a letter for the arborist? Yes. Is that So we don't need So we we're not making a decision on those trees. There's two of them that he recommends removal because of them being hazards and dangerous. Well, the difference between being dead and being hazards. Yeah. I mean, these look green. I'm trying to figure out what he says is dead. The only picture is on the back edge. See, there's another one. That's the one right there on the back edge. Then there's these two. Okay. These two right here have to go They're in the footprint

and one of them is already dead. This one is states that we cut the root system because it's sitting on the line. That's number 26. That's Yeah.

Oh, it's just number 26. The tree. So, I always make sure we're talking the right tree. Yes, sir. That's the size of Oh, okay. 26. I mean, this other one, it doesn't look dead either, but it's biseected by a power line, but they cut the power line down. He said it's dead. It doesn't bother me if it stays at all, but he just said it's just it's completely dead. It's been It has been butchered, but it's got a lot of green leaves on it.

Everything that's coming out is coming out dead. I don't know how it's fine. [clears throat] It's just trees, [laughter] which is 32 in, which is 26 in,

but it's not dead. He just thinks it could be damaged when you put the foundation in. That's 58 inches of trees. 32 in the middle and 26 along the back. 8 in. Where is that letter B? Right here.

Thank you. I'm gonna go be an arburist. I'm gonna go arm [clears throat] tree service. Is m is Michael Matthysse of Eminem tree service the arborist? Is he also the person who's going to cut down the trees? No, I actually was talking to Leaf and I've talked to AD Watts. But I have heard now that he does cut trees, but I don't think he has anything to take those out with.

I'm not sure. I don't know. I just When we built that subdivision and worked with the city, I believe that he was the arborist that Dave Prince got with the tree that was hollowed out and dead that was in the middle of the road. And we tried to work around it, but it ended up being with all the asphalt, it didn't survive or would not The city agreed to take it out. That's the only way I need him.

Okay. Any other questions? No. Give a second. We'll hear from the uh from the city. We'll be right back. Mr. Cowwell. Uh, petitioner Kenny Hyatt has applied to remove a tree in excess or trees in excess of 24 caliber inches at 1001 Hyatt Pond Road. Trees exceeding 24 caliber in shall only be approved 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 Co. Hey, Mr. Cow. Well, this tree that's on that that's on the edge of the house. I mean, we see Yeah. The one that's in between the two properties.

We've seen so many times where the the size of the canopy once you're cutting in cutting into that, you're going to cut into it. It's pretty What's your thoughts from the city's perspective, Elton? What's your thoughts from a city perspective? Well, I think that it's rather an odd shaped lot compared to other ones in the same vicinity. Um, it does narrow in the back. Um, shrinking the footprint, but it is only a required 5ft setback on the sides. And, uh, although we do have the tree protection zone, really any any work in that area would probably be a detriment to the tree, even if you met the the tree zone, tree protection zone. Right. This and that that tree is how big? 26 26 in. Yeah,

that's a 13 foot ring around. You're right. That's what I when I went up there and saw that one, you could see it was pretty sizable. This is R2, right? Is this zone R2? R2, right? So 10,000 square foot would have been 10,000 square. It's 10,000 square foot, right? Uh 5,000 is minimal lot size. Okay. So we've got, you know, currently we've got uh one two in the footprint that are obviously in the footprint of the house. They're not going to be to be there. What's our thoughts on the other two? I mean, he's got the he's got the arbur letter for the ones. That doesn't matter, right? So, I mean, that's as long as you know I that's just that is what it is. Yep.

And like Miss Lover said, you got a 32 and a 26, which is 58 inches of trees. He's got a regular shaped lot which pushes the house. If he wants to build the house, the usable space he has, it pushes the house back against the back or the it pushes the house to the side of the property line at 5T. So, he's still I mean, he's because of that irregular shape lot. It doesn't give him a lot of space to work with, right? I mean, I think we have to give him a variance for the 32inch tree. It's in the middle of the house. Yeah. Um, but the 26, he's going to kill the 26. I just reality situation. It's going to kill it. And so I'd rather have a a good replacement schedule than correct

him keep it and then we hope it lives and then it's it doesn't because we're going to plan and he's I don't know where he's okay. I'm just saying if you said 32 and 58 that's 58 inches of trees. I don't know where he's going to put 58 inches of trees on that lot. Can you do excuse 24 or 30 24 replacement value? Say that again. 24 since I mean a 32 inches in the middle of a lot. I mean that's I'd say so can we give him like a 50% replacement value like 24 24 in or 30 inches on that lot? I mean because it is a smaller lot and it's a regular shape so he's still fighting that too. I think

with the provision that he has to leave that other tree up on the corner that I was just looking at. That's you want So you want the one up at the top left? I'm I'm sure he's fine with that too. I think Mr. All right. Be fine with You're fine with leaving that tree at the the one that's got the utility easement and the one that goes to the utility ement. You're fine with leaving that tree. Yes, sir. I don't mind leaving it. Yeah, he's fine with leaving that. Somebody else might cut it down with a power line and I don't know if it will affect it or not. No, it's fine. Yeah, leaving it. I mean, I would say our company can always cut down if it becomes an issue. But what about the one of the two I was showing you back there in the back? You one of those is the one on the line, but what's the other one? You going to leave the other one that's there? There's two in the center of the footprint. And that's not what I'm talking about.

The second one, one of the two are dead. It looks live to look at it, but it's top down. What about the one that's not dead and not in the center? That's the one that I'm speaking of. The one that's dead center is the only live tree. This in the footprint. Yeah, that's in. So, the 26 is outside of the footprint. The 32 is in the footprint. The other one that's on the edge of the footprint, that one's technically dead for the arbit. It's one that got blown out by lightning that he's saying can't be saved. Okay. Okay. I can't get a good picture of what I didn't take a very good picture. I'll try and take better pictures next time. Yeah.

Yeah, I understand. It's in the middle of the footprint. That I I understand that. This is the 26 inch one on the fence right there. And then there's this over here. Right. That's that one.

Okay. This is the one. See, I'm saying there's trees here that aren't on your picture that I'm not seeing. Okay, it's okay. All right. I just have this picture and I can't find those trees on your picture. My photos are different than your photos. So, it's just a different angle. We'll go on. It's okay. That one back there. Yes. Yeah, that's one of these. That's the dead one. Okay. Okay.

Okay. I just see three trees back there. One, two, three. That's it. One, two, three. So, the furthest one back is in the footprint. These two are both in the foot. Okay. Go for it, men. So, Mr. We've heard from everybody. Does anybody want Did anybody in the audience want to speak? Yep. Does anybody in the audience want to speak?

So, Mr. Chairman, I move that the board grant variance 26-17 because applicant has demonstrated a necessary hardship specifically our extraordinary and exceptional condition this particular piece of property which is a regular shaped size of the lot which limits his ability to place a house on the lot. These conditions do not generally apply to the other properties in the vicinity because of these conditions. Application of the ordinance of ticker piece of property would effectively prohibit or reasonably 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 and the character of the district would not be harmed by the granting the variance. We do ask that Mr. Hyatt replace the trees that he removed of 58 in for a value of 30 in on the lot or pay into the tree bank for the tree fund at 30 in

$300 an inch or $100. $300 anch $100 anch you have the ability to replace. So you have the ability to to replace they'll give you this. So that you're taking out 58 in. So you got to replace 30 inches worth of trees on the property. Okay. But is this including the one that's between the two houses? Yes, sir. Go ahead and take that. That's probably the main reason that you're we're replacing trees. Yes, sir. Not because of the footprint. No, sir. It's Yeah, it's because of 9,000. We're actually we're actually 26 in. So how much do you want? 30 in because we're not we're basically letting you have the 32 in for free. Basically, we're not penalizing you for taking the 32 in because it sits in the middle of the of the property, right?

The 26 in, we're making you place the full value of that and we're just adding 4 in of replacement. That's it. Okay. So, so what do you want us to plant back or what? It'll be prot have to be protected species based on they have a they have a tree replacement schedule that andor there's a placement into the bank. Yes, sir. Okay. $9,000 into the tree bank or the replacement 30 inches of trees or a combination. You could do 20 inches of trees and Okay. Um 3,000 into the tree bank trees. They've cleaned all that brush up between there and surf would plant trees down that side. Yes, sir. Yep. Okay. Yeah. Great. Thank you. We got a motion by Mr. Bell. Do we have a second? Second. Got a second for Mr. Weise. Any discussion? All in favor?

I. Thank you. Thank you. Thank you guys. Thank you. All right, we're going to move on the uh next item on the agenda. I'm not here. Um we've got item number. Anybody here for it? No. Yeah. Yeah. We're not talk Yeah, we're not talking about that one right now. This is the last one on the agenda. Give us one second and then we can we'll grab you. Thank you.

Um did they did the for the uh item number eight? Did we um Yeah. What's that? They no contact and and postponing the meeting or I haven't talked with James about this case. Okay. You want to uh which one is this one? Let's go ahead and postpone this if we would and then we we'll come back on it. We [clears throat] get a uh a motion to postpone. I make a motion we uh postpone BCA-266-18 till uh next month's meeting. Great. Thank you, Mr. Thomas. Do we have a second? Second.

Got a second of Mr. Bell. Any discussions? All in favor? I Okay. And sir, if if uh come on up to the microphone following most of this, but I have a lot 1707 Holly Drive and I understood they're building a parking lot next to me and wanted to change the zoning. So instead of 10% parking, it'd be complete parking on the lot. And I thought from the discussion I heard that you wavered thing or postpone the other four lots or portions of the four lots. Is that correct?

So it was postponed, but the applicant that got up and spoke said that that they were most likely going to withdraw their application for that. Oh, so they're going to go back. They said they're going to go back and revise and look at their revisions of their parking plan, but with where they are, looks like they're going to withdraw that from the request. Okay, that solves my problem. Yes, sir. All right. Okay. Thank you. Great. Thanks. And real quick, I have an item of old business. Yep. Old business. The tree over there in the Beverly Homes. Yes.

Thing that they came in. We told them ahead of time they couldn't cut it down. Then they built a house beside it. came in and wanted to cut it down and we told them no, they can't cut it down. Well, they cut it down. So, I drove by and looked I drive around and checked these people. So, I that tree is gone into that. So, I'd like you to add that back to the agenda so we can set a penalty. Must have got the flu. Must have got the flu. Yeah, the tree must have got the flu. Unless I'm Now, they built a bunch more houses out there, so it doesn't look the same, but I I swear that tree is gone. It's gone. I drove by the other day. It's gone. You knew it, too. There you go. I noticed it. Yeah. Good. Any other discussions? I'll make a motion that we adjourn. Second. Good deal. All in favor? I

I thank you. Thank you for coming up and speak. Yeah. Thank you, sir. You did a very good job. Okay.