Board of Zoning Appeals - Regular Meeting

good evening ladies and gentlemen and welcome to the town elexon Board of zoning appeals meeting this board is comprised of town citizens we are appointed by Town Council and we serve without pay we are a legal board operating under the comprehensive planning Act of the state of South Carolina and although this meeting may not seem as formal as a hearing in court all statements still must be true factual and made in a manner not to mislead us please understand that we make our decision must make our decisions within the parameters of state law state law requires us to Grant a variance if and only if we find each of the following four statements true number one there are extraordinary and exceptional conditions pertaining to a particular piece of property in question because of its size shape or topography number two these conditions do not generally apply to other properties within the vicinity number three because the of these conditions the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property and number four authorization of the variants 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 the variance moreover state law prohibits us from granting a variance simply because the property could be used more profitably if the variants were granted we are not concerned with the use of the property the use of the property is determined by others we ask that you please confine remarks to the issue at hand should we make a decision that you believe incorrect you may appeal our decision to the circuit court within certain time limits provided by state law in cases that such an appeal is made it is important that the Circuit Court know who testified at this meeting please sign the signin sheet and identify yourself before speaking thank you all

right staff for variance do I have a number yes variant 2520 25-1 we need a report from staff all right Michael Jack has submitted a request for a variance from the town of Lexington setback ordinance the variance is sought to reconstruct a carport that was destroyed during Hurricane Helen at 104 Duffy Drive to reconstruct the carport the new accessory structure must comply with the current setback requirement of 5 ft from the property line the app is requesting a variance to allow the cover porch to be set back zero feet from the property line as it was previously okay any questions for staff no okay oh well yes I do uh going back to this this is a car port not a covered porch right correct okay it is not attached to the building it's it's detached this is um I went on Google Maps this was the previous you I walk by that every day can I yeah yeah take a look well and at first at first I didn't know I didn't know um where it was and when I pulled up on Google Maps and spun around I know ex we I'm part of F3 and we've done some running events in the parking lot across the street that lasts like for a week so I've run a lot of times by your house what so well hope I'm always friendly to well hopefully we weren't too loud and woke you up at 5:00 a.m. either so all right you're the group there I can hear hear you guys outside my window now you don't wake me up but I can hear you guys chatting yes sir Mr Jack if you would you can uh take the stand and tell us about what you're requesting well well I was requesting to replace the carport that was damaged well destroyed during Hurricane Helen it was flipped upside down I don't know if you guys had any pictures if you do if you don't I can show you what happened but

it was just taken up and looked upside down I initially wanted to go on the side of the house and we went back and forth and that's not feasible because of the property lines and the hul in Kaboodle so I just want to put it back in the exact same spot that it was in real quick could you state your name for the record please sorry Michael Jack thank you Mr Jack yeah we have the photograph that you was submitted um from that and uh sorry that you had that damage uh I guess we got luckier than some in this area with that um and I said at my front door and watched it It All Happened y it broke out my window it started to rock forth and then it just ticketed just decided to to go all Kansas on you yeah but through it all I'm still blessed my son's car was parked on the side only a hand L distance between hitting his car it got hung on the house and thank God it didn't destroy his car so does anyone have any questions for Mr Jack all you stated it's going back in the exact same place that you had it previously yes sir okay okay same time structure yes ma'am yeah I don't I'm landlock so I wanted to go with a larger one but I can't okay okay any other questions all right we'll discuss um I of course I showed you the drawing that I pulled up or I guess I put it up back over here on Google Maps two things that struck me right off the bat is when you look at it from an aerial view he's not right up against the road I don't think it's creating any hazard in the drive I don't the question that I had for you and I can't think of the terminology we talked about this with a previous one is this road one that is that and it's part of the plan about where it's could be widened at some point or um I I I don't believe so I did discuss with um Rey

Edwards our transportation director and he said if it went back in the exact same location that it wouldn't be encroaching the roadway this is not part of the preservation Corridor that's the words I was looking for preservation cor it's not one of the roads on preservation Corridor so I did talk with Randy and he said it wouldn't need an encroachment permit or anything that because it's not encroaching the right of way if it goes back exactly where it was yep and the fact too that you know looking at the property knowing that that's and Mr Jack I'm sure you're aware that's a busy road because the ball fields and whatnot I feel like the way it's structured there's no sight line D You by doing this we're not creating a traffic Hazard for you or your any anybody who visits your home from that standpoint so it's been there 20 years that we've never had an issue with the sight L well I think I'm of the opinion if it's the exact same structure I'm okay with with the idea that it's a 20e newer one of course um if it's the exact same structure and we're going in the exact same place know don't be sneaking it out towards the road or whatever if it's in the exact same spot that I'm of the opin opion that it's good so I'd like to make a motion to approve the variance for the following reasons oh excuse me I'd like to make a motion to approve variants 202- one for the following reasons number one due to the location of the existing home it's not possible to relocate where the damaged carport was was to a new spot number two because other properties in this area have not been developed um as Mr Jack's home has so it would not create the same issue number three um re reconstructing the the same the carport in the same location will not cause issues with the road rway setback or safety number four

by replacing the carport it will not Sur affect the surrounding areas do I have a motion or do I have a second I'll second all right roll call vote please T fight yes to the motion Ron fer yes to the motion Don Weatherly yes to the motion you have your variance that's it sorry sorry we uh we're a little bit delayed getting started this this evening I appreciate you um being patient with us and that's it thank you very much well one quick question because of course you know I don't know anything about this process so am I able now to have the carp people that's because that's what the issue was when they went to try to pull the perit they were stopped in their tracks yep come in and P the permit now okay and when I get ready to put the F down I need to come in and talk to you guys it it was a fence between the properties that I'm going to have to put back yes just come and come in and talk to us at that time okay thank you so much you're welcome thank you thank you Mr Jack happy New Year happy New Year and good luck to your children thank all right um any uh looking at the zone or the the uh minutes any uh additions Corrections changes no do I have a motion for approval I'll make a motion to approve the minutes second second uh just all in favor unanimous anything for staff we need to know just an update on the sign orance research that's gone through cleaning commission um they all made a motion to recommend a council to change the definition of a wall sign to include any signage that is on the glass or in the interior of the glass that is

visible from the roadway um we will be taking that to council for them to review at the January 21st work session so that is the next step from there and then we will get feedback and guidance from Council and I'll just try to keep you updated as as we move along with that process so in the event that it comes out of council to move forward um after the work session how long before that will be put in place that we will revisit what started this so then it would need if if they give blessings and want it to be put on the next Council agenda it would go on the February Council agenda for first reading and then the March agenda for um a public hearing and second reading final approval okay so we're looking at March April March or April depending on on how it goes um now once that's in place will they would will the folks at um Musician Supply have to come back to us or will they just be informed of this depending on what takes place then yes they will so we will at that time once I know kind of more of how council's going to go um once I have maybe a first reading um then I will reach out to them and just give them an update of where we are um on on the approval of an ordinance is there any need for any of us to attend any of those meetings for if you would like to of course that include input then definitely the the the you know the work session is open to the public on the 21st I think that's where the most discussion will be had um if you have comments I mean I think you you can always reach out to your elected officials and let them know um the agenda that and the research that I did was provided to Planning Commission and it is a public document

on our website if you need it I can send it to you if you want to review it um from there but I would S I mean if you feel led to voice your opinion then I would suggest contacting your elected officials thank you um in the event and I'll take kind of jumping off what you said and addressing anyone who possibly watch watches this or sees it in the future all the information we just provided on this upcoming ordinance you are available as a town citizen to speak up and to say something to come to these meetings if you have questions you can contact the town and get more documentation this is part of your responsibility public to be involved we'd rather you be involved now than be angry later and didn't come to a meeting so that's right um there you go yeah and and right now I do have um a couple of applications for February so we will have a meeting in February as long as everyone can attend I think um that date let's get it before uh it will be February the 6th let me check my very busy calendar oh do we need to look at rescheduling possibly yes I may have a conflict we can discuss it afterwards that's fine okay if we need to as long as we give enough public notice we can reschedule these to a different date that works for everyone well I mean right off the bat since I mean just to throw it out there crud the next couple of Thursdays are busy can we I mean I'm we'll talk but I mean if we could back it up to that Wednesday I'm fible if we could do it on the fifth instead of the 6th let me check make sure okay I don't have anything I can't say right now I mean tenda yeah we know you can be here in 5 minutes if we need yeah okay thank you very much uh do I

have a motion to adjourn motion toour second second we are Jour watch I'm going to use my gble we're done