Board of Zoning Appeals - Regular Meeting

the meeting to order. Today is November 20th and our first order of business then would be to approve the minutes from the last meeting, October 23rd. I'll make a motion that we approve those minutes. Second. All those in favor? I. All those opposed hearing none. The minutes are approved. Do I need to read the criteria into the record? I would just in case he walks in at least you. Okay. And for all our many watchers out there. [laughter]

All right. So the criteria that we are um that we have to abide by in trying to make a determination for a variance are number one whether or not they're extraordinary conditions and exceptional conditions that pertain to the particular piece of property. Two, these extraordinary and exceptional conditions do not generally apply to other property in the vicinity. Three, utilization. Because of the extraordinary or exceptional conditions, the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. And then the final one is detriment. The authorization of a variance will not be of substantial detriment to the adjacent property or the public good and the character of the district will not be harmed by granting a variance. Um, [clears throat] so do we want to

now you as a board can decide to go ahead and hear it or um you can table it to the next meeting. Can I request input from the board on how they feel about Sure. going ahead and and going through it and letting you go through it and us voting on or would y'all prefer to table it? So it is not a requirement for representation to be here. Is that correct? Right. Okay. Okay. And they didn't and know if they had asked to postpone or table. Right. Right. We I have not heard from him at all. Okay. Um whatever y'all want to do is fine.

I mean I am probably in favor of letting you walk us through it and let's go on ahead and make a decision after having read it previously. I mean I think it's a pretty since it's not new. We haven't seen this before. Okay. [clears throat] All right. Well, I will turn it over to Kim then. Okay.

Um this is a request from the strict application of the city of Conway's UDO section 12.1 nonconformities for the property located at 706 highway 544. Uh the leasing office for the ren located at 706544 was established without approval from the city of Conway and therefore has never received a city of Conway business license. The modular structure was opened as [snorts] a leasing office with no commercial review, unpermitted signs installed, and additions added to the structure with no building permits issued. On March 27th, 2025 BCA, the applicant requested a use variance to allow the continued operation of a leasing and property management office on the subject property, which is currently zoned as mixed use. The use variance was granted and the motion was stated as follows. A variance from the requirements of section 6.4.3 4.3 of the UDO allowing a single commercial use to remain operating on this parcel with the condition that the business obtains a city of Conway business license as well as all necessary permits and conditions required by the city of Conway. The only progress the applicant has made to come into compliance is to sign permits. staff has never received a site plan illustrating the necessary improvements as required by the UDO to obtain a city of Conway business license. Per article 12 of the UDO, the following site improvements are required. Uh non-conforming buffer yard, non-conforming landscaping and screening, non-conforming parking, non-conforming street access. Furthermore, the applicant had an

A-frame porch built onto the front of the modular structure without a building permit. The building official has stated that a building permit is required. The variance requested is a variance to allow the business to operate without the currently required site improvements at this time. Staff's recommendation is denial of this variance request. The owner's repeated disregard for the zoning requirements undermines the intent of the ordinance and would set a precedence that compliance is optional. Furthermore, staff believes the request does not satisfy the required findings for a variance and is not in the best interest of the city of Conway. I was not here on the March 27th meeting. The reason I know that is cuz that was my birthday

and I was out of town. So I I just want to be clear. They came, y'all put conditions on it. Mhm. Um

they didn't comply with any of the conditions and now they're asking to continue to operate which was the variance from from March. The March variance was to allow the use in the mixeduse zoning district because mixed use allows um is supposed to be residential and commercial and because um he had been there so long operating um he requested a variant a use variance. that use variance was re was granted with the condition that the site come into compliance with the UDO and that building permits were pulled for what he had done on site and the only two permits that they have pulled are for the signage. They have brought the signage into compliance.

Now, was the porch built after the March 27th meeting? No, no, it was um done I'd say probably five years ago. Oh, I was going to say that was done and that was done without a B building permit as well. Correct. Right. Okay. Right. Okay. So, without a business license, they should not even be in operation. Exactly. Yes. So, that would be and and shouldn't even come before this board until that's in compliance. Well, they can't get a business license. Um zoning won't sign off on a business license until the site has been brought into compliance. Okay. And that's why they've never obtained a business license. And they've had since March to bring it into compliance, right?

Okay. Well, and he's actually had this is a timeline of when he was annexed and it was annexed as mixed use because staff was under the impression that it was going to be developed as um retail on the bottom and residential on the top. Okay. And then it the modular stayed there and became a leasing office that was never approved. Okay. I mean I just I don't feel well I know I don't think we meet the requirements either but I mean particularly number four. I mean, I think it is a detriment when you don't require people to come into compliance to everybody around them

because then you have something that is not supposed to be happening going on beside the other businesses that are in compliance. I'd say I mean that's just my opinion and I don't think there are any extraordinary conditions that don't apply in this situation to every piece of property around. Right. Yeah. Because that new scooters is being built directly beside of it. Right. Right. And they will have to be in compliance. In compliance. Yes. Yes. Which and then then that leads to number two because then like you said, I mean it's not extraordinary because the other properties um and they don't apply.

I mean it's and it goes back to the same thing we always say. If we grant this and we're going to have everybody else coming in here saying, "Oh, well you let them do it. Why can't we do it?" Right. Well, that going on everywhere. And you're talking about the buffer, the landscape, and the parking, and the street access. [clears throat] Those are all things that scooters is going to have to do. Right. Exactly. So, um, it's literally everything. Yeah. So, um, I don't have a problem making a motion that we deny it, but do we need to see if there's any input from anybody? Sure. Just to be on the safe side. If not, I second her motion.

Okay. Um, there's a motion and a second and no input. So, do I need to do we need to close public input or is that Okay. Well, we will close public input. Okay. Um, and then I heard a motion to deny a motion to second. All those in favor? I All those opposed? None. Then the variance is denied. And then the next thing is uh the meeting schedule. for next year. And I put uh December's on a Wednesday again like we did this for 2025. Okay. On December 10th.

Does anybody have any questions or issues? We just need to make a motion to approve the schedule as presented. I'll move second. Okay. All those in favor? I All right. Then the meeting schedule is accepted. Yay. And I can I make a motion that we adjourn? I will second that. All right. [laughter] All those in favor? I All right. Thank you very much.