Board of Zoning Appeals - Regular Meeting

Good evening, ladies and gentlemen, and 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 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 still must be true, factual, and not made in a manner to mislead us. Please understand that we must make our decisions with the par 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 the 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 in effect would effectively prohibit or unreasonably restrict the utilization of the property. And number four, the authorization of the variance will 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 variance 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 your remarks to the issues at hand. Should we make a decision you believe is incorrect, you may appeal our decision to the circuit court within certain time limits provided by state law. In cases such as an appeal is made, it is important that the circuit court know who testified at this meeting. So, please sign in the sign-in sheet and identify yourself before speaking. Thank you. I call this meeting to order. Staff, our first item, please.

Good evening. Pimea Renovations, Inc. is appealing staff's interpretation of section 155402 of the zoning ordinance. The company is currently utilizing temporary storage pods at its location at 105 and 107 Thompson Street to load and unload customer project materials. These pods are typically typically kept on the property for 1 to three days from delivery to removal. The property is zoned limited commercial. According to the zoning ordinance, temporary storage containers are permitted without time restrictions but subject to conditions listed in section 155402 3A C and D within the in regular industrial zoning district and the railroad industrial special overlay district. In the general commercial zoning district, temporary storage containers are allowed for business use to subject to the following conditions. A permit must be obtained. The property or business must remain free of containers for 180 consecutive days per calendar year. The time period begins on the date the first permit is issued. All containers must be removed by the end of the permitted time period. Containers must be free of rust and painted a uniform neutral color and containers may not be placed closer to any street than the primary structure on the parcel. Because the ordinance does not reference the limited commercial district in this section, staff has interpreted the emission to mean the temporary storage containers are not permitted in limited commercial zoning. When interpret interpreting the zoning ordinance, staff follows the principle that zoning regulations are permissive in nature. Meaning if a use or allowance is not expressly listed, it is considered prohibited. So why if I can ask the question how is this because we are not being asked to address in a typical fashion. Why is this in front of us? Can you give us a little history on this please?

Um that they believe their interpretation is that the applicant meaning that it does not address whether or not temporary storage containers are listed in limited commercial. So with that they're they're appealing our interpretation that that means that it's prohibited. They would like to continue to use temporary storage containers at this location. Okay. Is anyone here to speak in on behalf of the applicant? Please state your name.

Hey, good evening guys. I'm Matthew Graham with Pome Renovations. So my my main question my primary question revolves around uh as you mentioned the interpretation of an omission of a statement meaning that meaning the same thing as the prohibition of the item. So I understand a speed limit to be that you can't go over 55 miles an hour. I don't understand that to mean that anything other than that. Right? So unless it's prohibited by law, I don't understand why I'm not allowed to use something that's not prohibited by law because it's not written. And that's a pretty it's a pretty basic, you know, principle from my perspective. And maybe I'm missing something.

Okay. Any questions for the applicant at this point? We may have others. Sure. Thank you. Is anyone here to speak on against or be on behalf of this matter. I know. Again, I stated this earlier for if you're just coming in. We do appreciate when the town and it's its citizens show up for these. A lot of times it's just us sitting here. So, we appreciate your involvement in government. Yes, ma'am. Could you state your name, please?

Yes. Good evening. My name is Tasha Hill, 803 Hendrickk Street, and I'm speaking today beha on behalf of the many residents in our community who are deeply concerned about the proposed variances. We understand that development and change are part of any growing town. But we believe these particular variances threaten the character, integrity, and long-term sustainability of our neighborhood. Our community values historical charm and our quiet residential streets and we fear that granting these variances will set a precedent that undermine those values. We are not opposed to progress, but we ask that it be thoughtful and aligned with the vision and voice of the people who live there. We respectfully urge you all to consider this um among the residents and to deny the variances in order to preserve what makes our community special. Thank you.

Thank you, Miss Hill. Anyone else like to speak? All right, we'll discuss. What do you think?

By the way, I'm sorry. My microphone went on. I apologize, but I speak loud. You do? Catch your Yeah. Um, I understand your Matthew, I understand. Or you mind if I call you Matthew? Yeah. Okay. Matthew, I understand the omission part, but that's also a slippery slope from the standpoint of what we do on this board. Our board is to look at specific items to whether or not they're approved or disapproved. the omission of something comes into the place of just because it's not there, we can do it. And that's not with with what we as a board of zoning come into. Um, do you have anything you want to add?

No. Make a motion. Make a motion to um affirm staff's interpretation of the zoning ordinance. Okay. I have a motion to affirm staff's um interpretation of the zoning ordinance. Do I have a second? A second. Roll call vote, please. Ron Fisher, yes to the motion. Troy, yes to the motion. Justin Brown, yes to the motion.

There are other means and I guess I'm not a smart man when it comes to certain things like this, but it it shows we've seen this with the sign ordances where there's places it needs to be addressed. Um, I would suggest that you re-engage with town to say, "Okay, we need to look at how to define that area a little closer." We are not that body. Thank you. Thank you. All right. Our second item for tonight, um, I guess that's what 25-8. Yes,

I got it right. Good job. Palmin State sign installation has submitted a request for a variance from the town of Lexington sign ordinance to install three signs at the new Chase Bank currently under construction at 5234 Sunset Boulevard. Under the sign ordinance, this site is permitted a maximum of two signs which may be a combination of wall signs and/or monument signs. The applica applicant is requesting approval for two wall signs and one monument sign. In order for the proposed signage plan to be approved, a variance must be granted to allow a third sign. Okay. Any history we need to be aware of with this? All right. Do we have someone speaking on behalf of the applicant?

Yes. You must be Miss Shepard. Yes. Melinda Shepard. Nice to meet you. Thank you for coming.

Okay. So, we um originally started with three signs. We're told um that we can only have two because of the road frontage. Um and the sign that we're proposing is gonna is going to be at the back of the building. So coming off of Sunset Boulevard, um you're not going to be able to see this particular sign. It's going to be blocked by trees, which is then behind a neighbor or the neighborhoods behind where we're proposing this sign. Um we were informed that the sign was too large for the the area that we are trying to put it on the building. Um but if proposed and granted this variance, we would be able to reduce our sign by size and we have the engineering for that sign. I have it today to reduce the size of the sign. So the size that we see in the drawings that were submitted with the package these these song these are not if if

they don't meet the 10% aotment but what I think what she's saying is that they can reduce that to meet code. All right. So looking at your at your site plan it's pretty clear you're speaking of the trees. The trees you're speaking of are at the rear on the back side of the building. Okay. Yes. And that goes into the woods behind the two shopping areas. Correct. And your your building currently I don't All right, Mr. Layout man. Did you look really close at these tiny numbers? Yes. How far is the building

front appro? I my old eyes can't see those numbers. Setbacks. Yes. I can't read set facts. Can't read them. I'm not sure. Let me see if it I mean it's well behind the 30. Okay. It's fine. It's fine, Miss Shepard. It's We don't need it. I'm just The situation is this. Um in looking through your application in in my opinion. Um well, we'll get to the discussion in a minute. I'm sorry. Is there anyone here to speak? Thank you. We may come back to you. Is anyone here to speak in favor or against this sign ordinance or variance request? Okay, now we can discuss.

My situation is I don't see a need for sign two things. Yeah, two things. The the connectivity that's out the side, this is the same thing we saw with TJ Maxx, right? When it's just the it's not a road, it's it's a paved area to get to the back of the building. So, that is not an issue. And I think that was even addressed in their paperwork is the town doesn't see that as a road because it's not a road. Correct. It's just an access point. It's just an access point. The other part that I see in this is that I um having driven by the site and I say this with no judgment. It is close to the road. I mean there are a few buildings that are closer, right?

But it is close to the road. and the signage that's shown in the I guess it's the B02 elevation which would be the street fronted sign for Chase. I mean between a monument sign and that if someone were coming I would not think they would have a hard time identifying that. Right. Right. And I don't I don't see that there's a heavy reason for a third sign. the choice of whether they put it with the large the monument sign is fine. You've got that it's it's covered. Correct. It meets code.

It meets code. So the monument sign is not an issue. The two signs on the building are what it issue. And the right and the rear sign that that is my biggest issue. Well, and and my position in is is this a choice for Chase. If the monument sign is enough, they can put the sign over their doors in the parking lot area. It's the same thing we saw up here. Front, back, you know, there are no doors on the street facing side. And there's not any parking on the street facing side. Yeah, it's a I'm assuming that's an exit. It is. So, the the back side of the building would be the entry to Yeah. But the road that comes around from the back back out to 378 is

is there a drive-thru on this bank of sorts or an ATM line of some kind? I didn't see what there is an there is wraps around the building. It's a full access on Sunset. Um but they had to provide interconnectivity to the shopping center and to the church for per our land development ordinance. But there's no parking. If I'm looking at this elevation from from here to the street, there is no parking. No, correct. There's a drive-thru lane that exits brings them to the exit. Unless you're 900 years old and you don't need to be driving and you just decide to stop there, right? Sorry, I shouldn't have said that. Anywh who, I don't I think it's up to Chase to decide. I don't see a need for three signs.

No, they can they have two signs they can work with. So, they could put two signs on the building if they want that and not do a monument or is that an option for them? Yeah, they get to choose where they place the sign. We don't we don't state where they place the sign. If they if the building is more import if the building is more important than a monument, they could put two on the building or they could put a monument and one on the building. Correct. Correct. It's a combination of two signs allowed combination how they choose. Yep. And that's also within those signs being within specifications. Sizing compliance. Correct. Do I have a motion? I make a motion. Make a motion to deny the uh variance.

Okay. I have a motion to deny the variance. Do I have a second? Second. Have a second. Roll call vote, please. Ron Fisher, yes to the motion. Yes to the motion. Justin Brown. Yes to the motion. Sorry, you've been denied. Thank you. Thank you for coming. Alrighty. Now, we got to dig through my papers again here. Um, our third item tonight listed as new business number three. Um, this is 20 259-9. What? Envy.

Yes. Distinctive Outdoors has submitted a request for a variance from the town of Lexington sign setback ordinance to install a monument sign at 4787 Sunset Boulevard. The proposed monument sign will replace the existing nonconforming sign currently located on the property which sits approximately 2 feet from the adjacent property line. The existing sign was originally permitted under Lexon and county's jurisdiction prior to annexation. In order for the proposed monument sign to be approved, a variance must be granted to reduce the required sign setback from 5T to 2 feet. So again, can you explain to me how this was a approved sign originally um

for the previous business?

Right. So this was approved in Lexington County prior to annexation. Um the sign I did reach out and um received a copy from Lexington County of that approved sign permit. Lexington County allows for um the adjacent property owner to sign a waiver um and that allows them relief from the sign setback if they are to reduce that setback if the adjacent property owner is willing to sign that waiver. That is not something that we at the town have in place. Um but Lexon County does and so they were able to obtain that from the adjacent property owner and um they allowed them to reduce the signs set back to two um feet from the adjacent property line. This is a flag lot. Um so it it has you know just that drive access and it flags back. So, they were able to get the waiver to have the sign on the road front.

And this is this flag lot. Looking at the drawings, that is not considered a road. It's it's an access, right? That that's part of their property. It is just a driveway. Yeah. I mean, that's the shape of the property. Okay. Yeah. All right. Do we have anybody to speak? Sure. First guy here gets to be the last guy to speak. That's right.

Perfect. Yes. If you're not first, you're last. Um, no. My name is Will Fowler. I'm the owner of the property and the owner of Distinctive Outdoors. and we're just requesting a variance to be able to set the replacement sign inside the setback. The property at the curb cut is 25 ft wide. The driveway 17 ft wide. There's just not space for anything other than where the sign is currently and we'd love to get it to conform to to the town specifications. Okay. So that that was going to be my first question because drove past there this morning you leaving out of um uh did some work at my church and leading back into town. The current medical sign goes away.

Correct. Yes, sir. Okay. Yes, sir. And basically we're utilizing the current footprint for the new sign flooding and they they drop it down. Correct. Yes. So um you know the main thing was is it is outside of the sight triangle. The new sign, excuse me, is basically 23 feet from the back of the curb. So, it does not impede any of our driveway visibility or the neighbor's driveway's visibility. Yeah, that's correct. I'm just saying that that's correct off of what I've So, it puts it outside of the sight triangle. So, it's not going to affect somebody pulling out onto 370. Correct. So, the only variance they are requesting is to reduce the side set back to two.

Okay. And I see there's everybody has left, but I will ask you the question. Have you gotten any feedback, negative or positive, from the neighbors on either side? Anything? And the property was posted? Not yet. I have to ask the question. Does anybody have questions for the applicant? No, you asked all my questions. I'm sorry. Yeah, he stole my thunder. Sorry. You can ask him again. He might answer them. No, no, no. We got it. 25 foot width of property. That's what I was after. 17 foot drop. That's what you were asking, too. Yeah. Yeah. Okay. My my surveyor friend over here was I tried to have all the answers was was commenting on there might have been a few lacking measurements. Yes. Yes. Of the sign. Okay.

But the sign itself though is not at issue cuz as far as what he's requesting. No, that's not the issue. Just a setback. Just a setback. Okay. All right. We'll just you can you can sit if you'd like. We're going to discuss. What do we think, gents? I don't hear anything that I don't like. So, I I'm fine with this one. I don't have any problems with having to replace it. It'll actually bring it into more conformance because it won't be a tall sign. It'll be a monument sign that we now agree are using. So, yeah, the hard part is going to be putting this works here. Well, he did an okay job. Yeah. Yeah. No, no, this is not

to see to see how much I mean the fourth question you have answered. He's I think he's got that. I don't know that you have to use everything. Yeah. So, this is the part where we have to say in words kind of what you were supposed to say better than you said.

All right. I'd like to make a motion to approve variance 2025-9 to allow a setback of only 2 feet. Um, for the following reasons. There are extraordinary and exceptional conditions pertaining to this piece of particular piece of property because of the flag shaped nature of the lot and the width of the um of the drive area. These conditions do not generally apply to other property in the vicinity because they aren't dealing with the same flag shaped lot. Uh because of these conditions, the application of the ordinance to this particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. uh without the variance they would not be able to have any sort of um sign at the road front because of the width of the property. The authorization of the variance will not be a substantial detriment to adjacent property or to the public good or to the character of the district and will not be harmed by the granting of the variance. Um again bringing uh taking the old sign down which is not in conformance with our current sign standards and putting up a new monument sign will bring them into closer compliance. Um, and the neighbor next door granted them a uh a variance initially through the county.

Okay, I have a motion. Do I have a second? A second. All right, roll call vote. Fisher. Yes to the motion. Yes to the motion. Justin Brown. Yes to the motion. All right. You have your variance. Thank you very much. Appreciate it. Good luck. Thank you very much. Good luck with your business. Thank you. All right. Uh, anything from staff we need to be aware of? Um, oh, wait. I forgot. I have to prove the minutes. Oh, okay. Um, anybody have Do we have any issues with the minutes from last? Nope. No. Okay. Uh, all in favor to approve. Yeah. All in favor? I.

I. It's unanimous. Now, anything from staff we need to be aware of? Uh, we do not have any applications for next month. So, you can take off. What month is that? October. October. Um, and enjoy that with your family. Um, I've I believe there's a training in October. I'll I'll email everyone. Yep. Um, I think

for the record, just so just because I want it out there a couple of things. Number one, I'd like to thank staff for really great training for us last month. um that was of the years that I've served on this board and I think I can speak for my other board members that was probably the most educational and I hope that you are successful in doing that because you've set the bar very high um and getting that done. It was really good. Unfortunately, we lost a member of our board as a result of it. But we also learned something. Yes. So, and thank you to the MASC for coming and sitting with us. Yes. Yep. That's awesome. I MASC did a great job. We learned I mean I I walked out with a lot more knowledge. That's what we're looking at.

Absolutely. Um second piece of information for I've talked about it a little bit. We are still looking um and may have identified another member and working on a fifth for this board just to give staff a little bit more flexibility with everyone's schedule. If there right now if one of us can't be here we can't have a meeting. Right. So we're working on that. And finally, if anybody's watching this on YouTube, which camera have you got me on over there? Straight up.

That one. If you're watching this on YouTube, this is how government works. Um, it's not Facebook, it's not Instagram, it's not social media. Come out, be involved. Um, ask your questions and interact with us. Um, keyboards are not the way politics are done. We have an election here coming up in the town of Lexington. get to know the candidates um past what you read online or hear someone else say, they're all very accessible and will be glad to meet with you. Again, being involved in government is very important. Um and you it's a it's a face toface thing. So that's my statement is Troy Fight, a member of this town for 29 years. So there you go. I have a motion to adjurnn. Motion to adjurnn. Second. Second. We're out.