Board of Zoning Appeals Variance Application BEGINNING JULY 1
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Board of Zoning Appeals Variance Application BEGINNING JULY 1
7/5/2016 www.tompsc.com/Admin/FormHistory.aspx?SID=12441 Board of Zoning Appeals Variance Application BEGINNING JULY 1, 2016, BOARD OF ZONING APPEALS APPLICATIONS WILL REQUIRE SUBMITTAL OF A FORM CONTAINING THE ORIGINAL SIGNATURE OF THE PROPERTY OWNER WHICH VERIFIES THE APPLICANT IS ACTING WITH THE OWNER'S PERMISSION. ALL ONLINE APPLICATIONS ARE DUE BY 11:59 p.m. ON THE DEADLINE DATES. It is highly recommended that the property owner and/or a representative meet with staff prior to submitting an application. Nature of Request & Fees Notice of Appeal for a Variance $200.00 Requirements All supplemental information must be submitted in a single PDF file with this application. An accurate, legible plot plan showing property dimensions and locations of structures and improvements must be attached to an application for variance or special exception. The following supplemental information is included with this application(please list):* A plot plan showing property dimensions and location of structure. Please attach supplemental information outlined above:* 1230 Robin Rd Plat_2.pdf Applicant Information Applicant(s)* Address:* Daytime Phone:* Dale R. or Phyllis B. Cumbee 1230 Robin Road Mount Pleasant, SC 29464 8438843900 Email: [email protected] Owner Information (if other than applicant) Owner(s): Address: Daytime Phone: Email: Property Information Street Address:* Lot & Block: 1230 Robin Road Mount Pleasant, Sc 29464 Lot 1 Block B Subdivision: Moss Park Subdivision Acreage:* 06 Zoning District:* R1 Zoning (District 21) TMS #:* 5600100041 Designation Information (complete only if owner is not applicant) I (we) hereby appoint the person named as Applicant as my (our) agent to represent me (us) in this application. Date: Owner: http://www.tompsc.com/Admin/FormHistory.aspx?SID=12441 Owner: 1/3 7/5/2016 www.tompsc.com/Admin/FormHistory.aspx?SID=12441 1. Applicant hereby appeals to the Board of Zoning Appeals for a variance from the strict application to the property described in the Notice of Appeal of the following provisions of the Zoning Code (cite Zoning Code section(s) from which relief is sought): 156.107 Modification of Yard Regulations so that a zoning permit may be issued to allow use of the property in a manner shown on the attached plot plan, described as follows: Applying for a variance to permit Alaglas Pools of Charleston to place a 16X36 Fiberglass Swimming Pool with concrete Patio & Pool Bond behind the already existing 6'; wooden privacy fence located on the side yard at 1230 Robin Road, Mount Pleasant, Sc 29464. 2. The application of the ordinance will result in unnecessary hardship, and the standards for a variance set by State law and Town ordinance are met by the following facts: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property as follows: Tax Lot #1 is an irregularly shaped lot. The lot is Zoned R‐1 and is a corner lot with a front setback of 30 ft, which would include the sides of the house as well. The house was built in the early 60';s, prior to this ordinance coming into effect. The house was placed too far back on the property. This resulted in a very large front yard and a very small back yard that we have minimal use of. This house does not even meet the new placement ordinances on houses today. Dale is a disabled Veteran and both of us utilize the use of the pool for therapy because of the surgical fusions done on our backs. The house has been in our family since it was built and had our family known the house placement would result in this hardship later in years, they would have probably situated the house to allow for more use of our property. The variance would alleviate the hardship that we are facing at this time. b. These conditions do not generally apply to other property in the vicinity as shown by: Other lots, including corner lots, in this subdivision have larger back yards and are able to utilize the space available in their back yards. We do not have the same property rights as others in our neighborhood because of the placement of the house on our property. Had our family known the house placement would result in this hardship later in years, they would have probably situated the house to allow for more use of our property. c. Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property as follows: The ordinance stating the requirements of a 30 ft. setback does not allow us to utilize the property for a pool even though there is already an existing 6'; privacy fence around the side yard that we are requesting a variance on. There is no other area on this property that would allow us to install a pool except for the large front yard because are back yard it too small to utilize. By placing a pool in the front yard it would devalue the neighborhoods properties, we would have to cut down trees, and dig up our well, as well as build another 6'; privacy fence around the pool. d. Authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance for the following reasons: The pool will not be a detriment to the adjacent property or to the public good or the character of the district because the fence has surrounded an above‐ground pool for over 20 years with no problem at all. This would actually be an improvement to our property and those around us. Development Approval Application (Permit) Recorded Convenant Affidavit I, the undersigned, serve as the owner and/or owner's representative and certify that the information contained herein to be true and accurate. I further certify that the tract(s) or parcel(s) of land to which this approval request pertains:* Is Not Restricted Is Restricted http://www.tompsc.com/Admin/FormHistory.aspx?SID=12441 2/3 7/5/2016 www.tompsc.com/Admin/FormHistory.aspx?SID=12441 by any recorded covenant that is contrary to, conflicts with, or prohibits the activity for which approval is sought as provided in SC Code of Laws Section 6291145, and the Town of Mount Pleasant Code of Ordinances §155.084 and §156.048. Electronic Signature I certify that I am the owner or serve as the owner’s representative and am duly authorized to complete this application. I certify that all information required for review of this submittal is included. If an application is found to be incomplete, the primary contact will be notified and the application removed from the agenda.* I understand that selecting the box below will serve as my electronic signature.* I agree Information of person completing electronic signature Name:* Dale R. Cumbee Address (if different from 1230 Robin Road above): Mount Pleasant, Sc 29464 Email:* [email protected] Phone:* 8438843900 * indicates required fields. http://www.tompsc.com/Admin/FormHistory.aspx?SID=12441 3/3 original site plan Updated Site Plan Submitted 07.21.2016