MINUTES
CITY OF GOOSE CREEK
ZONING BOARD OF APPEALS MEETING
DECEMBER 8, 2010, 6:30 P.M.
GOOSE CREEK MUNICIPAL CENTER
519 N. GOOSE CREEK BOULEVARD
I. Call To Order - Chairman Robert Williams
Chairman Robert Williams called the meeting to order at 6:34 p.m.
Present: Butch Clift, James Fisk, Larry Monheit, Kevin Smith, Thomas Volkmar, Robert Williams, and Van Williams
Staff Present: Daniel Ben-Yisrael
Pledge of Allegiance
II. Review of Minutes - October 20, 2010
Motion: Mr. Clift made a motion to accept the minutes as written. Mr. Monheit seconded the motion.
Discussion: There was none.
Vote: All voted in favor.
III. Public Hearing - Request for Variance of Residential Setback Requirements - 109 Queens Ct.
Chairman Williams administered the testimony oath to those testifying during the hearing.
Motion: Mr. Clift made a motion to open the public hearing. Mr. Volkmar seconded the motion.
Discussion: There was none.
Vote: All voted in favor.
Mr. Smith recused himself from the hearing due to a business relationship with the applicant.
Chairman Williams requested Staff present their facts and evidence.
Mr. Ben-Yisrael explained the applicant, per Section 151.171 of the Zoning Ordinance, is requesting a variance to both the side and rear setbacks as set forth in Appendix D of the Ordinance to allow for the construction of a 375 square foot addition to his home. The minimum required side setback is 5', and the required rear setback is 20'. The applicant is asking for a reduction of the side setback to 4.5', a variance of 4", and a reduction of the rear setback to 6'.
Mr. Williams asked the applicant to present his testimony. Ms. Elizabeth Hight introduced herself as Mr. Mackenzie's legal representative. She presented a power point presentation illustrating the existing property, explaining that Mr. Mackenzie has revised the plans for the addition, changing the requested variance. She illustrated the location of the proposed addition as it related to the setbacks and as it related to the property in general. Ms. Hight noted in the presentation the 100' easement behind Mr. Mackenzie's property which is owned by Crowfield Plantation.
She explained that, per a letter from an engineer, there are drainage issues on the opposite side of the house that would make it difficult to build on. There was brief discussion concerning the engineer's letter that was provided by Ms. Hight.
Ms. Hight provided various slides which illustrated the area of the home where they wished to place the addition as well as to the 100' easement behind Mr. Mackenzie's property.
Ms. Hight summarized the requirements included in the Zoning Ordinance which must be met for a variance to be granted. She suggested that because the house is set back much further from the street, decreasing the size of the back yard, it is exceptional and extraordinary from the other homes, and these conditions do not apply to others in the vicinity, resulting in it being different from the others.
Mr. Fisk questioned if this was known when the house was purchased, and Ms. Hight answered it was. Ms. Hight mentioned that Crowfield required a 5' rear setback, whereas the City requires a 20' setback. She stated Mr. Mackenzie bought the house understanding the setback to be 5'.
Mr. Volkmar asked how this was an unusual circumstance, referring to the aerial photograph showing other structures that varied in setbacks. Ms. Hight answered the fact that it sits back much further on the lot made it exceptional to the others in the community.
She stated if the variance isn't granted Mr. Mackenzie would be unreasonably restricted to expand his property with the proposed addition. She suggested that because there was the 100' greenway behind the home there would still be sufficient buffer between homes, which was the intent of the setback ordinance. She suggested there were different circumstances associated with this property, specifically the increased front setback, which would prevent this from being considered a precedent for other properties in the future.
Ms. Hight stated the greenway to the back of the property would prevent the addition from encroaching visually in the rear. She stated the next door neighbors were present to state they had no problem with the side encroachment.
There was discussion about possible alternatives to the design/construction proposed.
Mr. Williams recognized Mr. Mackenzie's next door neighbors. They stated they have no conflict with the variance, as they have no windows on that side of their home and, because of the wooded easement behind the home, there is no problem with the rear encroachment.
Mr. Williams asked Mr. Ben-Yisrael for a summary. Mr. Ben-Yisrael asked that the Board reference in their finding Section 151.171, specifically Section B, and the four criteria that are required for the granting of a variance.
Mr. Williams asked for Board questions and discussion. There was discussion as to whether the as-built setbacks result in this being an extraordinary situation. There was additional discussion about the possibility of other building options available to the applicant.
Motion: Mr. Volkmar made a motion to close the hearing. Mr. Monheit seconded the motion.
Discussion: There was none.
Vote: All voted in favor.
Motion: Mr. Fisk made a motion to deny the application for the variance in accordance with Section 151.171, having found the application does not meet the criteria set forth in Section 151.171 of the Zoning Ordinance, based upon the fact the conditions surrounding the property are not extraordinary, are not unique; the use of the subject property will not prohibit or unreasonably restrict the use of the property; and granting the variance would be detrimental to the adjacent property or to the public good. Mr. Monheit seconded the motion.
Discussion: There was none.
Vote: Chairman Williams asked for a roll call vote. Mr. Clift: Aye; Mr. Fisk: Aye; Mr. Monheit: Aye; Mr. Volkmar: Aye; Mr. Robert Williams: Aye; Mr. Van Williams: Aye. The Board voted unanimously to deny the variance.
IV. Election of Officers for 2011
Mr. Clift made a motion to elect Mr. Robert Williams Chairperson for 2011 and volunteered to sit as Vice Chair. Mr. Volkmar seconded the motion. All voted in favor.
V. Comments from the Board
There was none.
VI. Comments from Staff
Mr. Ben-Yisrael asked if Mr. Van Williams, Mr. Robert Williams, Mr. Monheit, and Mr. Smith wished to be reappointed for a new term of January 2011 to December 31, 2013. They each agreed to be reappointed.
VII. Adjournment
Motion: Mr. Monheit made a motion to adjourn. Mr. Clift seconded.
Discussion: There was none.
Vote: All voted in favor.
The meeting adjourned at or about 7:57 p.m.
