Board of Zoning Appeals - Regular Meeting

Good evening, ladies and gentlemen. Welcome to the town of Lexington 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 legal. We are a legal board operating under the comprehensive planning act of the state of South Carolina. Although this meeting may not seem as formal as a hearing in court, all statements must still be made true and factual and not in a manner to mislead us. Please understand that we 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 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 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, the authorization of a variance will not be of substantial detriment to adjacent property or the public goodwill 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 variance were granted. We are not concerned with the use of the property. Use of the property is determined by others. We ask that you please confine your remarks to the issue at hand. Should we make a decision you believe in correct, you may appeal our decision to the circuit court within a certain time limits provided by state law. In cases that such an appeal is made, it is important that the circuit court knows who testified at this meeting. So, please sign the sign-in sheet and

identify yourself before speaking. We are in session. Uh, call to order. Any deletions from the agenda, Jessica? No, sir. All right. First business is variance 2026-3. Can we hear from staff?

All right. Ankor Signs on behalf of Drayton Parker Companies LLC is requesting a variance from the town sign ordinance for the property located at 5387 Augusta Road. The applicant proposes to install a total of eight signs on the property with a compli combined display area of 460.37 square ft. Pursuant to section 1590702D of the town of Lexington sign ordinance, individual businesses are permitted two signs per road frontage. The subject property has road frontage along Augusta Road and Cedar Crest Drive. Therefore, a maximum of four signs is permitted for the site. These signs may consist of any combination of wall signs and monument signs. Additionally, section 1590702A of the signed ordinance provides that individual businesses with frontage on two roads are permitted a maximum total display area of 225 square ft for all signage on the site.

Okay, we'll hear from the applicant.

Good evening. How are y'all doing? Well, thank you. My name is Collins Corvette. I'm here on behalf of Anchor Sign for Parker's Kitchen. The the location where we're trying to go, where the building is, is going to be set back approximately 150 to 200 ft from the roadway with a fuel canopy in front. You can see it on the site plan. You'll have our renderings there. Yes, sir.

The setback from Augusta Road to the building with an entrance on the front and rear. The parker standard is for everyone where they're advertised at each entrance as long as well as the sides where it's trafficked. So being on the corner all four sides, but with the setback of the building itself, the canopy would block most of the visibility of those signs from the road. So we proposed to do the canopy B sign as well to give visibility at for safety issues of people coming into the into that area. Okay. Any questions for the applicant?

Is there parking in the rear? There is parking in the rear. Yes, sir. Okay. Currently, the land behind the main store or the main building is still a wooded lot currently. Correct. Yes, sir. As of right now, it is. Okay. Um to to be clear, just for context, um the the site that this building is located on is the only portion of the property that was annexed into the town. The remainder of that large parcel has been subdivided and um is not being developed at this time. But it's but you're saying it's also not under town jurisdiction.

Correct. So we've got woods to the rear and woods if I'm look if I'm standing in the store looking at Augusta the way this plan is that you read it. There's woods behind me and there's woods to the right. There will be a it's the Carvana. There will be some landscaping. So right now this site is currently wooded. They they are in the process of obtaining their building permit for this building. Okay. It's a brand new development that will be constructed. Um, so it will be on the corner where Cedar Crest and Augusta is and Car I think it's Carvana. It's a um

lot next door which is not in town. And then there is a wooded parcel behind it that is not in town. Okay. And this site's also over I want to say it's seven or eight acres is the whole site for the entire area of it. Okay. Any other questions for the applicant? Brad. Yeah, actually I do have one. You know, I've been to these stores before. I'd love to have one in town, but uh you're asking for twice what the sign ordinance allows. What What can you expand a little bit more on what makes Yes, sir.

what makes the parcel unique? The sign ordinance itself is written where it could be you could have a third of an acre. As long as you're on a corner, you get four signs up to 225 feet. This is, you know, less than 10 acres. It is a huge parcel. With the setback of the building and the fuel canopy as well as the pricer signs for traffic coming in to people to see it, it should be advertised as a safe vehicular traffic. So, who we advertising on the back of the building to? There's an entrance back there, which is why it's branded in future. So, how far off the road is the middle of the back of that building? Approximately. How far off of If I'm looking at sign D, how you've got it pointed basically at the middle in the back?

Yes, sir. How far from the road is that sign? From the parking lot or from the road to the I'm not speaking another language. How far is that sign from the road? Cedar Crest, probably 100 feet. Okay. By the time you see that sign, you've passed the building. So, at least at the very least, that sign is useless. Unless there's future development behind it as a Yeah. But right over here, sign F has got the traffic right here looking at what's there. Yes, sir. So, yes, sir. Good evening. Would you like to speak? Sure. Please identify yourself.

Sure. I'm Daniel Ben Israel, real estate development manager for Parker's Kitchen. Um, I was just going to jump in and say that if if the board um saw fit, we could we would be willing to remove sign D. Uh, well, it's not just a question of sign D. I'll go with what Brad said. And I understand your comment about a third of an acre versus 10 acres. But again, that is not in our sign ordinance.

The sign ordinance is what it is. There are other properties that have been affected. That being said, what we do for you is not we don't set precedent. We follow the ordinance the way it's written. So, you're asking for twice as many signs and twice as much square footage. Mhm. That's what I understand. Correct. Yes, sir. Okay. Any other questions for the applicant? No, not at all. Okay. We'll discuss. Looking at these four questions, I don't see where the there's nothing outstanding in this. No, Brad.

No, sir. That that was why I asked what I asked. I wanted to know um I wanted some focus on the uniqueness of the parcel that would even warrant listening to that. And I did listen, but I'm not hearing it. Yep. Yeah. Okay. Do I have a motion? I have a motion to to deny the uh this uh ordinance or the variance. Okay. I have a motion to deny the variance. Do I have a second? I'll second. Let's get a roll call vote, please. Brad Cunningham, uh yes to the motion. Ron Fisher, yes to the motion. Yes to the motion. Justin Brown, yes to the motion. Brian, yes to the motion.

I'm sorry, you did not get your variance. All right. Um, any news from staff that we need to be aware of? Um, do you want to do approval of minutes and then we go through that? Yes, we can do approval of minutes. Sorry. Thank you. Do I have a motion to approve the minutes? Make a motion to approve the minutes. This second. Second. All in favor say I. I. I.

Okay. Um, so we did hold stakeholder meetings at the beginning of this week for the sign ordinance. Um and we had three different stakeholder meetings. Um they were for business owners between 11:00 and 1. Um signed contractors 3 4:30 and then the afternoon from 5 to 6:30 was for residents. We had several businesses show up. That was our largest group. We had roughly 12 attendees at that one. And then we had three sign contractors attend and then roughly five residents. Um we we really want to hear some additional feedback. We currently have a survey that is out there that is the same questions that were asked during that stakeholder meeting. Um the survey link is available on our web page and on Facebook. So please take that yourselves um if you would and then share with your other residents, neighbors um or business owners if they are in town business owners. We would love to get that feedback. I think last I heard we had roughly 10 responses on the survey. Um and it will run for two weeks. So it'll run through the 13th.

Or the um question about the survey and you said it very succinctly in town business owners aka people who not by where they live but their town their business is located within town limits. Correct. And then residents of the town. Correct. Are the being that you mentioned Facebook, are we culling through or staff culling through that if someone's outside of town or are we taking those into consideration?

Part of the survey asks if you can please identify which group you would fit in and the three groups are in town residents, in town businesses, or a signed contractor. Um, so that we are asking for you to identify which group you are in. Um, I have also had some signed contractors that were not able to make it that have reached out via email as well and they've been very helpful. So, um, it's been good feedback. Uh, and I do appreciate that. So, so give your little speech one more time just in case folks are watching on YouTube or when they go back and watch this later. How they put the camera really close in on her so she can give this.

No. Make Come on, Jessica. No. Tell us one more. Seriously though, tell us one more time where they can find the survey. On our website or on all of our social media. Okay. Excellent. That's exciting stuff.

It is. Um so just so that you all are aware and um those at home can follow along after we do this research period, we will then take this to planning commission work session. So to have some discussion and hopefully um some recommendations of changes from our consultant. Is it appropriate that once they do their work that we not that we would change it, but being that this is what we deal with day in and day out that we can have a look at it prior to or we just get to work within the ordinance once it's done. And I'm not asking for special treatment at all. But

um right now is the time for you to give feedback if you have it. Um we will post those agendas. they will be public and so then it also goes before town council into a public hearing and has two readings before town council. So once they are publicized on our website in as part of the agenda, if you want to review them and send me an email with feedback, I will take that to council and planning commission because I do think it's important. And this is just another question because I don't want to be inappropriate or have any you're saying that although we volunteer and serve on this board that we still can act as residents and interact correct with this.

Yes. and I encourage it. Okay. It's just that the state requires the proper channels for recommendation is to the planning commission. That's the designated course body. Um and they provide a recommendation to council. Yep. I don't want that. But we want we definitely want your input. Um so I do encourage you to to email me. Um call me if you want to sit down and discuss it. We can schedule some time. Okay. All right. um training any I will um I'm working on that. Okay. I'm going to reach out to the municipal association and see if we can get some dates and then I'll email you all. Sorry you don't get to go. No cuts. Yeah, you have to do your orientation.

Yeah, I know. Get it done. Chop chop. That's right. Don't make me use my gavl. All right. Any uh anything else? We have anything for next month? We did not receive an agenda for May, so you get the month off. Um I will follow up if I receive something for the June agenda and that's one thing anticipate anything at this moment but I want to go ahead and place it we are fully staffed and that's no problem but I know that if we go to June um what's the June meeting date uh would be wait I got to see here that would be June the 4th correct I will not be here okay I will be two days out from having a son-in-law Oh yeah.

So, but we have a full You can handle it. Yeah. Get to slide over in the big chair. Okay. If if it comes to that, we will cross that bridge. Okay. When we get there, anybody else have anything they need to add tonight? No. No. N. All right. Well, thank you all for your service. It's appreciated. Thank you very much. I hope you did watch this. I'm looking at the camera now. I hope you did watch this. And as I say, try to say sort of succinctly every week, please get involved. um come to meetings. If you have questions, call the staff. They can direct you to where you can get the information you want. Facebook is not government. This is face to face and talking to people. So, thank you very much for watching. If you watch tonight, um can I have a motion to adjurnn? Motion to adjurnn.

All in favor? I. I. We are journed. All right.