Town of Kiawah Island Board of Zoning Appeals · 2018. 3. 9. · Variance Approval Criteria...

Town of Kiawah IslandBoard of Zoning Appeals

March 19, 2018

Town of Kiawah Island Municipal Center | 4475 Betsy Kerrison Parkway | Kiawah Island, SC 29455

CASE# BZA-12-17-00233Applicant/Property Owner(s): Kiawah Island Inn Company & Marsh Point Golf Company,

(Kiawah Island Golf Resort, Mr. Roger Warren)

Representative: Mr. Norm Engard, Kiawah Island Golf Resort

Property Location: 12 Kiawah Beach Drive

TMS#: 2007-06-00-404; 207-06-00-405 & 207-00-00-017

Zoning District: PR, Parks and Recreation Zoning District

Lot Size: 181,678 square feet (4.171 acres)

Request: Variance request for the reduction of the required Bufferyard Type III

(75’) along Kiawah Beach Drive.

CASE# BZA-12-17-00233

Requirement:

Chapter 12. Land Use Planning and Zoning, Art. II. Zoning, Div. 4. Supplemental Regulations,

Sec. 12-127. Compatibility standards. Table 4B. Bufferyard Conditions and Table 4C.

Required Bufferyards

The Ordinance defines Bufferyard as “a strip of land, identified on a concept plan, site plan

or development plan, established to protect one type of land use from another land use or to

provide screening. Normally, a buffer is landscaped and kept in open space uses.”

Case # BZA-02-18-00242

BZA Meeting of March 19, 2018

Subject Property: 12 Kiawah Beach Drive– Kiawah Island

Proposal: Variance request for the reduction of the required bufferyard Type III (75') along Kiawah Beach Drive.

Subject Property

Case #BZA-10-16-00162

Subject Property

Case #BZA-10-16-00162

Subject Property Rear

Case #BZA-10-16-00162

Across Kiawah Beach Drive

Kiawah Beach Drive at Duneside Road

Insert Site Plan

Variance Approval Criteria

According to Chapter 12 of the Land Use Planning and Zoning Ordinance of the Town of Kiawah Island Code of Ordinances, Section 12-163. Variances (4) Approval Criteria, the Board of Zoning Appeals may grant a variance only if exceptional circumstances exist, and where practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the BZA shall find that:

a) There are extraordinary and exceptional conditions pertaining to the particular piece of property;

b) These conditions do not generally apply to other property in the vicinity;

c) Because of these conditions, the application of this Ordinance to the particular piece of propertywould effectively prohibit or unreasonably restrict the utilization of the property;

d) The authorization of a variance will not be of substantial detriment to adjacent property or to thepublic good, and the character of the zoning district will not be harmed by the granting of the variance;

Variance Approval Criteria

e) The Board of Zoning Appeals shall not grant a variance the effect of which would be to allow theestablishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforminguse of land, or to change the zoning district boundaries shown on the official zoning map;

f) The fact that property may be utilized more profitably, should a variance be granted, may not beconsidered grounds for a variance;

g) The need for the variance shall not be the result of the applicant’s own actions;

h) Granting the variance will not be contrary to the public or neighborhood interest nor will not adverselyaffect other property in the vicinity, nor interfere with the harmony, spirit, intent and purpose of theseregulations;

i) Granting of the variance does not substantially conflict with the Comprehensive Plan or the purposes ofthis Ordinance.

Board of Zoning Appeals Action

The Board of Zoning Appeals may approve, approve with conditions or deny Case #BZA-02-18-00242 (Variance for the reduction of the required Bufferyard Type III requirementsalong Kiawah Beach Drive) at the subject property, 12 Kiawah Beach Drive, based on theBZA’s “Findings of Fact”, unless additional information is deemed necessary to make aninformed decision.

Kiawah BZA Meeting of March 19, 2018 Staff Review, Case # BZA-02-18-00242

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Staff Review:

The applicant/property owner, Kiawah Island Inn Company/Marsh Point Golf Company

(Kiawah Island Golf Resort, Mr. Roger Warren), being represented by Mr. Norm Engard of the Kiawah Island Golf Resort, is requesting a Variance to reduce the required Bufferyard Type III requirements along Kiawah Beach Drive at the subject property, 12

Kiawah Beach Drive (TMS 207-06-00-404; 207-06-00-405; 207-00-00-017). The subject property is located in the PR, Parks and Recreation Zoning District within the Developed

lands of Kiawah Island. The subject property is the location of the former Cougar Point Golf Clubhouse and

proposed new Cougar Point Golf Clubhouse as part of the West Beach Redevelopment Master Plan. The newly created lot (comprising three parcels) was recorded at the

Charleston County Register of Deed Office on February 23, 2018 (Book L18, Page 0090). The lot is approximately 181,678 square feet (4.171 acres) in size. Per Charleston County records, the former golf clubhouse was constructed in 1985. The

former general office building on the site was constructed in 1976. All permanent building and structures on the subject property have been demolished to present date.

The subject property currently contains a modular trailer for operations of a temporary Cougar Point Golf Clubhouse. The temporary trailer on the current site was approved under site plan review in July of 2017.

The adjacent property to the north is located within the PR, Parks and Recreation

Zoning District. Properties to the east and south across Kiawah Beach Drive are located within the RST-2, Resort Zoning District (West Beach Tennis Center, former Kiawah Island Inn and Straw Market properties). Properties to the southwest across Kiawah

Beach Drive along Duneside Road are located in the R-2-O Residential Overlay District. The subject property is under the purview of the Kiawah Island Architectural Review

Board. The Town of Kiawah Island Land Use Planning and Zoning Ordinance requires a 75

feet wide average minimum bufferyard (Bufferyard Type III) between proposed and existing developments across the street. The Ordinance defines Bufferyard as “a strip of

land, identified on a concept plan, site plan or development plan, established to protect one type of land use from another land use or to provide screening. Normally, a buffer is landscaped and kept in open space uses.”

The applicant’s letter of intent explains, “We believe our Development proposal for

Cougar Point Golf Clubhouse is within the intent of the governing documents. Our use is consistent with its past use, and we will be unreasonably affected by the enforcement of the Bufferyard III as currently written.

Cougar Point was the first golf course at Kiawah Island and because it was the first it is

also the oldest. We are proposing to redevelop the site with a new Clubhouse that meets the current expectations for Kiawah Island.

When the Clubhouse was first built, it did not have the current requirements for storm water retention and parking. While the site has many constraints, we have tried to work


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within the boundaries and want to develop the site to meet the expectations of the residents and the guests.”

The applicant has submitted to the Kiawah Island Architectural Review Board (KIARB) for Preliminary and Final Review of the Cougar Point Clubhouse. The KIARB granted

conditional approvals on December 12, 2017 and February 19, 2018. The KIARB states, “The design of the Clubhouse is approved to continue to the permit submittal.”

The Cougar Point Golf Clubhouse project is currently under site plan review. The project site as well as other areas of the West Beach community are prepared for demolition of

existing structures and or pre-site work for future utility and road improvements.

Please see the attachments for further information regarding this request. A site visit was conducted on March 2, 2018 at which time the following determinations were made regarding the Approval Criteria for Variances, as stated in Chapter 12 of the Town of

Kiawah Island Land Use Planning and Zoning Ordinance, Article II, Division 5, Section 12-163.(4):

Staff Findings:

The BZA may grant a variance only if exceptional circumstances exist, and where

practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions ought to be granted. No variance shall be

granted unless the applicant shall show and the BZA shall find that: § 12-163.(4)a.: There are extraordinary and exceptional conditions pertaining to the

particular piece of property; Staff Response: There may be extraordinary and exceptional conditions

pertaining to the property due to impacts of its legal nonconforming status, because the existing parking area of the current site does not meet required buffering compatibility

standards. Per the applicant’s letter of intent, “As the only golf

course property in West Beach the residential development

has encroached on the course over time and current requirements burden the property and hinder its original function.”

§ 12-163.(4)b.: These conditions do not generally apply to other property in the

vicinity; Staff Response: These conditions are unique to the subject property and may

not generally apply to other properties in the vicinity. The

property is located in the PR, Park and Recreation Zoning District. Properties in the vicinity are located in the R-2

Residential Zoning District or the RST-2, Resort Zoning District. Properties in the vicinity may have similar conditions, as the Ordinance requires a Bufferyard Type III for proposed

developments across the street from all existing development. Furthermore, the West Beach area has varied existing


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development types including both diverse residential uses and commercial or resort uses. As a result, the compatibility

bufferyard types may also vary. Per the applicant’s letter of intent, “This is the only known condition in the West Beach

area for the Bufferyard III requirement.”

§ 12-163.(4)c.: Because of these conditions, the application of this Ordinance to

the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;

Staff Response: The application of this Ordinance to 12 Kiawah Beach Drive

would prohibit the ability to redevelop the existing lot for the proposed Cougar Point Golf Clubhouse under the required

compatibility buffering standards. The required minimum bufferyard standards for Bufferyard Type III (75 ft.) unreasonably restricts the proposed plans to become

compliant at the current site. The current site is 181,678 square feet in size. The required buffering space against the

least compatible use, the existing R-2 Residential Developments across Kiawah Beach Drive, is approximately 1,014 square feet in size. Per the applicant’s letter of intent,

“Bufferyard III unfairly restricts the use of the property. We must do without the parking spaces in the proposed setback

or encroach on the golf course, remove a dozen of trees, which include several Grand Trees.”

§ 12-163.(4)d.: The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the

zoning district will not be harmed by the granting of the variance; Staff Response: The authorization of this variance may not be of substantial

detriment to the adjacent properties or the public good. The

subject property and many properties in the vicinity fall under the Resort Overlay Zoning District and have historically been

commercial or resort uses. Adjacent properties and properties across Kiawah Beach Drive may not be affected with an authorization of a variance. Bufferyards assist the separation

of one land use to another. The Ordinance defines bufferyards as “a strip of land, identified on a concept plan, site plan or

development plan, established to protect one type of land use from another land use or to provide screening.” The existing site layout contains parking areas within the Bufferyard

requirement and the proposed site plan includes parking area as well as a stormwater retention pond within the bufferyard

requirement. The far west parking area across from the residences along Duneside Road, of the proposed development site, encroaches less into the bufferyard

requirement than the existing parking area, as the proposed retention pond may be counted toward the designated open


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space within the bufferyard requirements. The zoning district will not change for the subject property; therefore, the

granting of this variance may not harm the character of the Park and Recreation Zoning District. Per the applicant’s letter of intent, “A variance granted would not harm the community

character of the zoning given the required 4’ tall opaque barrier will still be in place. Historically nothing will change

from the past to future use.” § 12-163.(4)e.: The Board of Zoning Appeals shall not grant a variance the effect of

which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming

use of land, or to change the zoning district boundaries shown on the official zoning map;

Staff Response: Granting of this variance would not allow the establishment of

a use not otherwise permitted in this zoning district, extend physically a non-conforming use of land, or change the zoning

district boundaries. The use of this project does not change and will remain within the allowed Park and Recreation Zoning District. The Ordinance states, “The purpose of the PR, Parks

and Recreation District is to provide community parks and recreation facilities, including parks, open spaces, golf

courses and tennis courts. This district provides for both active and passive use of land. Accessory structures which support or compliment the parks/recreation use may be permitted as conditional or special exception uses.” Per the applicant’s letter of intent, “Parking is a current use and

conforming use.” § 12-163.(4)f: The fact that property may be utilized more profitably, should a

variance be granted, may not be considered grounds for a variance;

Staff Response: The BZA may not consider profitability when considering this variance request. Per the applicant’s letter of intent, “The

presence of additional parking benefits the property owners

and guests.”

§ 12-163.(4)g.: The need for the variance shall not be the result of the applicant’s own actions;

Staff Response: The need for the variance may not be the result of the

applicant’s own actions. The existing site development does not meet the required compatibility buffering standards. The

applicant’s letter of intent states, “Site restraints given current

standards are the cause for the request. If this end of the island were developed today, the course would take more land

and there would be less residential land to develop.”


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§ 12-163.(4)h.: Granting the variance will not be contrary to the public or neighborhood interest nor will not adversely affect other property in

the vicinity, nor interfere with the harmony, spirit, intent and purpose of these regulations;

Staff Response: Granting of this variance may not be contrary to the public or

neighborhood interest, may not adversely affect other property in the vicinity, nor interfere with the harmony, spirit, intent,

and purpose of these regulations. The subject property is currently legally nonconforming and is additionally subject to meeting the requirements of the KIARB, which has granted

conditional approval. Per the KIARB Preliminary and Final Review, “The design of the Clubhouse is approved to continue

to the permit submittal.” The KIARB has provided such comments and conditions that address the public and neighborhood interest, which may adversely affect properties

in the vicinity.

“- In order to allow for additional planting area and to minimize

the visibility of the service yard and parking to potential guests, please remove the paved connection between the service yard and parking lot.

- Please be encouraged to use a solid or pierced brick wall to act as a guard between the parking spaces and service yard

below so that plantings are not the only buffer between the service yard and guests. - As the landscape nears the street, please limit the formal

landscape design to the interior and entrance areas of the clubhouse. The Ligustrum hedge should blend and meander

within native, evergreen plantings.” Per the applicant’s letter of intent, “The correct development

of the Clubhouse benefits all as this is considered an amenity

for the community. This will not interfere with the harmony, spirit or purpose of these standards.”

§ 12-163.(4)i.: Granting of the variance does not substantially conflict with the

Comprehensive Plan or the purposes of this Ordinance. Staff Response: Granting of the variance may not substantially conflict with the

Comprehensive Plan or the purposes of the Ordinance. The

authorization of a variance would only grant site-specific buffer reductions to the proposed Cougar Point Clubhouse of the subject property. Per the applicant’s letter of intent, “Site

development is in compliance with the comprehensive plan and the intent of the ordinance.”

Board of Zoning Appeals’ Action:

The Board of Zoning Appeals may approve, approve with conditions or deny Case

#BZA-02-18-00242 (Variance for the reduction of the required Bufferyard Type III requirements along Kiawah Beach Drive) at the subject property, 12 Kiawah Beach


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Drive, based on the BZA’s “Findings of Fact”, unless additional information is deemed necessary to make an informed decision.

Town of Kiawah Island Board of Zoning Appeals · 2018. 3. 9. · Variance Approval Criteria...

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