Board of Zoning Appeals - Regular Meeting

We have a quorum.

Thank you.

Mr. Chairman, I'd like to make a motion that we move to go into executive session to receive legal briefing regarding the alliance.

To preserve the old White Horse Road corridor versus the Greenville County Planning Commission. Second.

We got a first Mr. Thomas, second by Mr. Bell. On favor?

Aye.

Any opposed? Nice having you. We leave the paperwork here.

Test one, two. I will, yeah.

No, it's because I haven't finished our landscape.

Yeah.

Yeah.

The record will reflect that the board has moved out of executive session. No decisions or actions were taken in executive session. The board will now move into its regular business portion of the meeting.

Thank you, Mr. Story. Go ahead and call the meeting to order. Your September 10th, 2026 BZA meeting for North Myrtle Beach. If we could take a minute and review the minutes, the previous minutes. It would have been the Thursday, July 9th, 2026 minutes. And if we can get a motion to approve after reviewing.

So moved.

We've got a motion by Mr. Thomas and a second by Mr. Bell.

Norfolk.

I'm sorry, Mr. Jones. Got the second. Any discussion? All in favor?

Aye. Aye.

Any opposed? Let's have it. All right. Mr. Caldwell, do you have any communication from the city? No, sir. Thank you. Ms. Amber, if you can have everyone, I'm sorry, if we can do a roll call. I'm skipping on down here.

We already did, yeah. I do just want to put for the record that the August meeting was canceled, so there were no minutes for that meeting. Okay, if you are planning to speak, can you please rise? 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? You may have a seat.

Thank you. Okay, we'll go ahead and move on to item number one on the agenda. We've got an application by Jarrett Roberts for a special exception to construct a single-family dwelling in a highway commercial district, an HC district at 100 Barnwell Street. Mr. Roberts?

Yes, sir. How are you doing?

The intent is to build a single-family home on this parcel. Is that better? Yeah, thank you. Great, thanks. Cool. the intent is to build single family home on the parcel. Being that it's a transition between the highway commercial on Highway 17 and then you've got residential townhomes across the street, I felt that this would be in harmony with the area. I'll leave it to you guys for any questions or comments.

Any questions? Any questions? Give a second. We're going to hear from the city, and then we'll be back to you. Thank you.

Petitioner Jared Roberts has submitted an application for special exception to build a single-family home at 100 Barnwell Street, Zone Highway Commercial HC District. The applicant has submitted the request to the board because the proposed use, single-family dwelling, is only permitted through the special exception process. The board is tasked with establishing whether the property meets the criteria listed below. staff recommends that the board review the special exception here that's presented at the meeting and review section 2326. Special exceptions, owing to their potential negative impact on the community, the following uses may be approved as special exceptions by the Board of Zoning Appeals. Single family residential subject to the following conditions. That the special exception will not be a property which abuts Highway 17, Main Street, or Sea Mountain Highway. It does not. The special exception will be in substantial harmony with the area in which it is to be located. Multi-family residential is across Barnwell Street and a dental office is behind the property. that the special exception will not discourage or negate the use of surrounding property for uses permitted by right. It will not. That in granting a special exception, the Board of Zoning Appeals may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgment, will enhance the siting of the proposed special exception. A swimming pool is proposed in the rear yard, and a six-foot solid screen fencing around the rear and sides of the backyard, or other fencing and landscaping that will grow to achieve a suitable screen.

Great, thank you, Mr. Caldwell. Any questions for the city, for Mr. Caldwell? Great, thank you. Is there anyone in the public that would like to speak on this issue, on this in front of us? Thank you. And is any prepared to make a motion on the special exception?

Yes, I do have one. When was this property subdivided? Do you remember? Oh, because this came three years ago, because this came in front of us. When we denied their, they tried to use the whole property for parking, correct. And we denied their variance to maintain.

They provided more parking than what we allowed.

But one stipulation of the variance that they had to maintain the green space. And now they subdivided the property.

I would have to look back on that case. I don't recall.

was something in that variance that we might want to pull.

Okay.

Um, because Miss lover was adamant in that meeting about us maintaining certain trees on that property with that variance that she gave because there was a variance for additional parking.

I would have to look and see when the subdivision occurred and when the BZA met because I don't think that you could make conditions on other pieces of property when you're looking at a variance on a different piece of property.

It wasn't. It was one piece of property at the time. I would have to look back. I don't recall which came first. It was subdivided because it was one big piece of property because they were trying to use a whole piece of property for the parking, if I recall.

no no i don't think that's right i think they wanted to provide more on site than what our ordinance would allow and they were able to prove that they have you know they need the vehicle parking spaces more than what we allow at the time okay

I do remember there being a... I don't think that they... I'm just trying to make sure. I don't think there was anything on the... There was a variance that came with that. There was. But there were still two separate lots at the time of that variance?

I'd have to look when the subdivision occurred and to when the BZA met. I think probably subdivision came first, but I don't know for sure.

Okay, I'm just trying to... I just want to make sure. Yeah, we're on record. Yeah. So where do we go from here? So can we make a special exemption for this recommendation? Because he does meet the exceptions.

I believe he meets all the criteria.

And we can pass it as long as it was not a part of that original variance, correct?

Right.

Okay, can we do that? Is that right, Mr. Nury?

I'm sorry, what was your question?

Can we make a recommendation, since he does meet all the requirements for the special exceptions, here... With the stipulation that as long as there was no, there was a variance on the initial piece of property, as long as it wasn't subdivided after that, because Ms. Lover had a requirement for that, for green space buffer and everything else as well. Yeah, I believe it was. It was.

Not on the one under review tonight, on the property that the dentist sits on.

I'm trying to remember when it was subdivided. So if a subdivision occurred before we granted the variance, can we go ahead and grant the special exception as long as that property was not subdivided prior?

Consistent with the variance.

What's that?

Consistent with the variance.

With the consistent with the variance, yes. Yes. Okay. Are you okay with that, Mr. Chairman? Yes. Okay. Just trying to make sure we're dotting our I's and crossing our T's here.

Okay. Okay. Yeah, I'm fine with that.

So, Mr. Chairman, I'll make a motion that we approve special exception BZA 26-24 and the board adopt into record all the facts that are presented here and along with the previous variance that does not conflict with the granting of the special exception. And he has met that the special exception will not, property which doesn't abut Highway 17, Main Street, or Seaman Highway. The special exception will not be, will be in substantial harmony with the area which it would be, which you have other, family, multifamily around the area as well, that the special section will not be discouraging to get use of surrounding property, which it will not. In the granite special section, the board is only appeals may impose such reasonable additional conditions, which they have. And the swimming pool has been proposed and the city has addressed a solid screening fence around the rear areas inside the setback yards or other fences and landscape that will grow to achieve a suitable screen.

Great. Thank you, Mr. Bell. Do we have a... Second to his motion? Second. Second from Mr. Wise. Any discussion? All in favor? Aye. Nice to have it. All right, we'll move on to item number two on the agenda. We've got item number two. It's BZA-26-25. an application by Jarrett Roberts for a special exception to construct a single-family dwelling in the Highway Commercial HC District at 104 Barnwell Street. Mr. Roberts?

Similar story.

Looking to build a single-family home on the parcel. It's adjacent to the item number one commercial in front of it, townhomes across the street. And I guess just for the record, I wasn't familiar with any previous variant situation. So I guess I'll look forward to hearing what that was all about as well.

Thank you. Any questions for you?

Mr. Goldwell? Petitioner Jared Roberts has submitted an application for special exception to build a single-family home at 104 Barnwell Street, Zone Highway Commercial HC District. The applicant has submitted this request to the board because the proposed use, single-family dwelling, is only permitted through the special exception process. The board is tasked with establishing whether the properties meet the criteria listed below. Staff recommends that the board review the special exception application here at the evidence presented at the meeting and review Section 2326. hc highway commercial district special exceptions owing to their potential negative impact on the community the following uses may be approved as special exception by the board of zoning appeals single family resident subject to the following conditions that the special exception will not be on a property which abuts highway 17 main street or c mountain highway and it does not that the special exception will be in substantial harmony with the area in which it is to be located multi-family residentials across barnwell street and a dental office is behind the property that the special exception will not discourage or negate the use of surrounding property for uses permitted by right. It will not. In granting a special exception, the Board of Zoning Appeals may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgment, will enhance the citing of the proposed special exception. A swing pool is proposed in the rear yard. Fencing is required around the pool. The Board may wish to require six-foot solid screen fencing around the rear and sides of the backyard, or the other fencing and landscaping that will grow to achieve a suitable screen.

Thank you, Mr. Caldwell. You're welcome. Any questions for the city? Is there anyone here interested in, interest of parties, want to chime in on this?

Great, thanks. Anybody prepared to make a motion? Mr. Chairman, I'll make a motion. motion as well, since I made a previous if that's okay. I make a motion that we grant special exception BZ a 26 dash 25 as long as it's conflicted when the original variances prior to the issuance of the subdivision a lot. That the special exception will not be a property which abuts Highway 17, Main Street or Seaman Highway. It does not. That the special exception will be of substantial harmony with the area in which it is to be located, multifamily residences across the street and also the dental behind the property. That the special exception will not discourage or negate the use of surrounding property for use as permitted by its right. It will not. Grinning special exception of the board of zoning pills may impose such reasonable additional stipulation conditions or safeguards as in the judgment will be enhanced sitting in the proposed special exception the swimming pool is proposed again for this one as well and that there's no that the fencing is required to be around the pool and that the landscaping could be in place to screen the pool or Something that would achieve suitable screening Thank You.

Mr. Bell Do we have a second second get a second from mr. Thomas any discussions? I? Anybody in the audience want to chime in? All in favor? Aye. Any opposed? The ayes have it. Thank you. We've got item number three on the agenda. We've got BZA-26-26, application by Soren Mnuchin for a special exemption for permitting on a premise consumption of alcohol beverages, beer, and wine. 4403 highway 17 south zone highway commercial on the HC district Mr. Manuken could come on up in it.

Come on up Hello, how you doing?

Tell us tell us what you're what you're doing on the property.

We are building a restaurant full service family restaurant and breakfast and a dinner and And asking for approval to serve alcohol there, beer, wine, and a liquor. Okay.

Any questions for the applicant? Thanks. Give a second. We'll hear from the city, and we'll come back to you. Thank you.

Mr. Caldwell? Petitioner Saron Manuyukun has submitted a request for special exception for serving or permitting on-premise consumption of alcoholic beverages, beer, and or wine at 4403 Highway 17 South Zone Highway Commercial HC District. Owing to their potential negative effect on the community, certain businesses shall not be operated prior to being approved for a special exception by the board. The board is tasked with assessing compliance with the following criteria. One, that the special exception shall not be located closer than 200 feet from an R1, R2, R2A, or R3 district line or residential neighborhood, except in unusual circumstances where mitigating conditions can be imposed to minimize adverse effects to residential uses. It's 208 feet to an R1 zoning district. That the special exception applies with all applicable development standards, including off street parking and dimensional requirements. It will. That the special exception will be in substantial harmony with the area in which it is to be located. The property is bordered on the north and east side beside a pharmacy and on the south side by office, retail, and a restaurant. That the special exception will not be injurious to adjoining property, the former uses of the building, or office and retail. Having alcoholic drinks along with breakfast, lunch, and dinner menus should not be injurious to surrounding properties. That the special exception will contribute to the economic vitality and promote the general welfare of the community. The building was vacant for a while after the last tenant left. Having a restaurant operating will contribute to the economic vitality of the community. That the special exception will not discourage or negate the use of properties for uses permitted by right. It will not. That in granting a special exception, Board of Zoning Appeals may impose such reasonable and additional stipulations, conditions, or safeguards as in its judgment will enhance the proposed special exception. The restaurant will be open 7 a.m. to 1.30 p.m. and again from 4 p.m. to 10 p.m. All seating is in the front of the building and inside the building. The redevelopment of the building includes adding additional parking spaces and significant landscape improvements. Staff recommends that the board review the special exception application and hear any evidence presented at the meeting.

Thank you, Mr. Scalwood.

You're welcome.

Any questions for the city? Which property is this, or was this?

This was the Amish store.

Okay. Any other questions for the city? Any for the applicant? Is there anyone in the, don't look like we have anybody else in here. So since we have no one else in here to talk about this property, is somebody prepared to make a motion?

May I ask you something, Ben? Yeah. Going back to your presentation, the number one there, did you agree or not agree with – he wrote that assessment, correct? That's your assessment. That's me.

That's you. There is an application in here that was filled out by the applicant, but the testimony I just gave you was by my hand.

Okay. Okay. All right.

If he's located 208 feet, he's eight feet outside the requirement, right? Eight foot to spare. Eight feet to spare. Okay.

put something on the record before a motion is made. The record for BZA 2626 will include the testimony of the applicant, the staff testimony regarding this item, and the staff report. All of those items will be admitted into the record regarding this matter.

Thank you, Mr. Norrie. Give it a try here. Mr. Chairman, I'd like to make a motion that we grant a special exception for BZA-26-26. The staff does recommend, per the staff's recommendation, the state of the reasons why the special exception complies with all applicable development standards and all street parking. The proposed restaurant has been developed in the compliance with the application applicable city development standards. The site proves, provides the required all street parking, safe vehicle access, and will comply with all Applicable building, fire, health, zoning, regulation, and alcohol service will be accessory to the primary resident restaurant use. Also, it does state the reasons why the special exception will be in substantial harmony with the area in which it is located. Ocean & Oak is a family-oriented full-service restaurant that is located Compatible with the surrounding commercial area, the proposed use is consistent with nearby businesses that will provide an additional dining option for residents and visitors while maintaining the character of the neighborhood. The special exception will not be injurious to adjoining properties. The restaurant will be professionally operated with alcohol served only in the dining area. To dining patrons, in accordance with South Carolina law, the business will comply with the applicable regulations regarding hours of operation, parking, lighting, noise, public safety. Opposed use is not expected to negatively impact neighboring properties. The special exception will not discourage or negate the use of surrounding properties. the proposed restaurant will support and continue commercial development in the area without interfering with neighborhood properties or permitted uses. The project is expected to enhance the area's economic activity while remaining compatible with surrounding businesses.

And that's all. Second. Got a second from Mr. Bell. Any discussion? Any questions?

Yes. He stated in his hours he would be closing at 10. Does that mean he closes at 10?

It just gives him the availability to...

So he can stay open until 2 and sell alcohol.

That's a good question.

You can put conditions in your approval. The board has done that before. For the special exception? Yes. Hours of operation. You can put conditions that he maintains...

Mr. Thomas, we need to change the motion to be the special exception as presented to the board.

Amend the motion.

And you can ask the applicant if you can provide any information as to when they would cease operating.

It's in here. He says that he will.

Well, it says it closes at 10, but obviously you could seat somebody at 949, and they'll be there until 10-something.

Do you have any, you've been following this conversation? Do you have any comments? Do y'all plan on closing at 10 or do you have, will everybody be out by 10? Do you plan on selling alcohol after 10?

We usually, we are planning to close around nine o'clock. So 10 o'clock, everyone will be out. That's the plan.

Well, you're going to be restricted to that plan. If you only ask for 10 o'clock, that's what the zone, it's going to be allowed. What do you all think on this? Because we haven't had that one where somebody stressed the hours, right? Sure.

I don't have any problem with that.

want to change it to 11 just in case i mean that's what i was going to recommend doing if they stop seating people nine something they're going to be out of there by 11 let's let's amend it to that then we we give them just plenty of push on the safe side yep because that's restrictive thank you my system at nine that's tight thank you thank you yep thank you are you okay with that okay that was good good catch the catch yeah um

Also, I'd like to amend my amendment for BZA 26-26 to reflect the restaurant closing at 11 p.m. We'll second.

Then we'll get a second. Any other questions? All in favor? Aye. Any opposed? The ayes have it. Great, thank you. And if we can get a motion to close the meeting. I'd like a motion, Mr. Chairman. Got a motion from Mr. Bell. Second. Mr. Jones.

Before we close the meeting, what are we doing with the last two items, 26, 27? I can update. Yeah, if you would put on the record, take it, please.

Yeah. Application BZA number 2627, application by Roger Roy for a variance. The incorrect address was given to me on the application, so I advertise for an incorrect address. They'll be here next month. The final one, BZA 2634, application by David O'Connell for a special exception to construct a single family dwelling. The applicant forgot about the meeting. So he'll be here next month as well. Postpone to next month.

I'll postpone it. Yes, sir. Mr. Chairman, I make a motion to postpone BZA-26-27 to the next meeting.

And 26-28.

Sorry. Is there a second for those?

Yeah.

And BZA-26-28.

Thank you. Mr. Thomas, do we have a second? Second. Got a second. Mr. Wise, woke up. Thank you. Any discussion? All in favor? Aye. Let's have it. Do we have a motion to close tonight's meeting?

So moved, Mr. Chairman.