Board of Zoning Appeals - Regular Meeting

Good evening, ladies and gentlemen, and welcome to the town election 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 must still be true and factual and made in not made in a manner to mislead us. Please understand that we must make our decisions within parameters of state law. The state law requires us to grant a variance if and only if we find that each of the following four statements are 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 property in the vicinity. Number three, because of these conditions, the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably unreasonably restrict the utilization of the property. The authorization number four, the authorization of the variance would not be of substantial detriment to 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 var variance were granted. We are not concerned with the use of the property. The use of the property is determined by others. We ask you confine your remarks to the issue at hand. Should we make a decision that you believe is incorrect, you may appeal our decision to the circuit court within a certain time limit 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. So, please sign in on the sign-in sheet and identify yourself before speaking. Thank you. I will call this meeting to order. Staff, can I have our first uh item, please? Yep. We are

um this is variance 2025-6. Lexington Sunset DB LLC has submitted a request for variance from the town of Lexington's preservation corridor buffer requirements to construct a new coffee shop at 5211 Sunset Boulevard. To construct the new coffee shop, the structure and drive-thru must comply with the current preservation corridor buffer requirement, which mandates that a 20ft buffer area must be maintained from the front property line. The proposed development will include a new right turn lane on Sunset Boulevard onto Tom Corley Place. As a result of this improvement and the associated rideway dedication required for this improvement, variances are needed to comply with the preservation corridor buffer requirements. It should be noted that the purpose of the preservation corridor or overlay is to allow for exactly these types of improvements. The applicant is requesting a variance to reduce the buffer to 12.4 ft. Just for clarification, I think we're all sure of it, but just for having on the record, could you tell me landmarks to where this variance is going to be? What are the businesses in that area? Um, this parcel is part of what would be considered the existing legal shopping area. Is that it's a front out parcel there. So, it is a I think a Walgreens maybe is across the street. And then their Aldi. Yeah. Aldi and center is Mallisters and right the businesses up there. Okay. So, and the del that's basically when you're saying a right turn lane. That's the is it a del lane basically? Yes. They're just going to Yeah, it's a lane dedicated for right turns onto Tom Corley Place and that will be done by the applicant. Yes, they will be installing that. Um they have to get a DOT permit. Randy Edwards,

our transportation director, has already reviewed the plans um and and will work through that and provide a um concurrency letter to DOT through the permitting process for them to get this constructed and it will be required to be in installed um prior to certificate of occupancy of the building. Is that if we decide to to approve this motion and give the variance, does that need to be stated in our variance? No, that's that's in our town ordinances. We we have the authority at a staff level. Okay. For that. Any other general questions before we let the applicant speak? Nope. No. Okay. Anyone like to speak? Applicant, please. Um Stephen Kudson, Durban Development. Uh I don't have too many comments. I think the the staff report was pretty all inclusive, but I'm just here for any questions if you have any. I don't have any questions. I I have no I have none. All right. Is anyone here to spoke speak against or know that I'm for or against? I would like some clarification. Please. Okay. Did you sign in earlier, sir? I saw you re go to the podium. If you'd please identify yourself. Wade Keiesler uh on Hope Ferry Center that you referred to earlier where Mallistister's is. Okay. Mhm. Also on the white building behind this lot. Yes, sir. And on the Aldi site across the street from this lot. Excellent. Thank you. Um uh there's a 4x8 sign on the corner of this lot. Yes, sir. The old s as I here we refer to that as the old Sandy sign. Sandy's had a sign there for many many years. Yes. and my tenants at Hope Fairy Center use that sign now on a rotating basis. Um, have a picture of that if

you'd like to see it. I'm familiar with it. If if you got Do you need to see it? Okay. Okay. Um, we alternate tenants there on that sign. Yes, sir. Um, I've had that sign since 1994. I just would like some clarification on um do any of these plans would any of these plans affect that site as far as removal of my sign? I don't mind moving the sign back, but I would be opposed to um the sign being removed from the site. That is a grandfathered in um permitted by SE DOT sign that is not permitted by the town of Lexington. Um I I don't believe that the lane is going to affect that sign. I think it's at all. Um and so unless DOT has some heartache about it, that would be taken up whenever DOT reviews the permit, but that is a DOT permitted sign. I think you've recently gotten grandfathered in. So or it you keep he gets a permit every year. I renew it every year. Yeah, they get a permit every year. Yes, this is I was familiar with that, but I wanted to hear staff say it. That was one of the first things when I came on the board of zoning appeals. I'm like cuz I was learning about the process. I said, "How is that sign work?" And they said, "It's not ours. It's DOTS." That's correct. So, just to clarify for the record, what will happen here today, we do not foresee any impact to your sign based on the del lane or the construction if we give this variance to that sign. Okay. However, as stated by by staff, if DOT has a rub, that's going to be between you guys and DOT. The town will not have anything with that. Is that stated correctly? That's correct. That sounds perfect. Does that give you the clarification that you're looking for? It does. Thank you for coming. I appreciate you being involved in government and not just getting on Facebook and complaining about it. Yeah.

No, I don't do Facebook. Well, good for you. I appreciate that. Thank you for the opportunity to speak. Well, we appreciate you being here. Thank you for being a business developer in our town. Absolutely. Alrighty. See, look. Government works. Woohoo. Look, everybody had answers and everybody's happy so far. So far, I'm just teasing. So, um, all right. No one against. Any discussion, gentlemen? I have nothing. Yeah, that seems pretty straightforward. So, did you put this together? The application? Yes, sir. Yes. Please. Uh, the application was put together by our civil engineer, but I reviewed it and signed it and submitted it. Yes, he he is you have you have paid a good man. I see a lot of these or good company, I should say. Um, you this is a very good one. Um, and I don't see you see the little bit of talking we're doing up here. I'm just trying to kill a little Tom so it doesn't look like we did nothing. Yeah. Plus, I love the sound of my voice, which that's another whole another thing. Um, but thank you for bringing this to us in this fashion. I appreciate that. Appreciate it. So, do I have a motion? I'd like to make a motion to approve variance 2025-6 based on the following findings there. Wait, wait, wait. Do I have a second? A second. Okay. No, wait. I second after you read it, right? I'm sorry. I screwed it up. Go ahead. Based on the following findings, there are extraordinary and exceptional conditions pertaining to this particular piece of property in question because of its size, shape, or top topography. The existing parcel with strict buffers restrict the developable developable area such that it does not allow for the intended use in a byite zoning. These conditions do not generally apply to other property in the vicinity. The SC DOT rideway dedication is a sight specific constraint due to a city required turn lane, thereby reducing

available space to meet the buffer requirement. 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. The proposed coffee shop site plan is minimized already in footprint as a best chance of meeting all ordinance requirements. The request to reduce the buffer would be minimum the minimum required to fit the intended use. The authorization of the variance will not be a 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 because the granting of the variance would not impact adjacent uses or public spaces. Uh the site's goal is to create enhanced landscaping or screening within the remaining buffer space to meet the intent of visual screening in a more narrow space. And now do I have a second? I'll second roll call vote, please. Roll call. Ron Fisher, yes to the motion. Troy, yes to the motion. Justin Brown, yes to the motion. You have your variance, sir. And I wasn't kidding. Your engineer is good. Alrighty. Um, any other information? Oh, approval of minutes from last month. Make a motion to approve the minutes. All in favor say I. I. I. I. Okay. Any business new business from town that we need to be aware of? Uh, you get to take the month of May off. Nice. Okay. Um, I'm working on training options. have reached out to the MASC to have someone come out from there. Um so I will be in touch as soon as I have I have more information on that. And just while we're talking about that um first week of May I'll be gone the 3rd through the 11th. Okay. So if there is or excuse me of June of June sorry of June June 3rd through 11th which is the first Thursday I will be back on the second Thursday if there is a meeting that needs to be taken place assuming you don't have a quorum with the rest of

the board. Okay trying to after the February thing I'm trying to let you know my dates. Thank you. So all right. Anything else for the good of the town of the meeting? All right. Thank you for moving this. It was nice trying not trying to fight for a parking space on free concert Thursday. Yay. All right. Motion to adjurnn. I make a motion. We are all in second. All right. We're adjourned.