Board of Zoning Appeals - Regular Meeting

5:30 on Thursday, April 23rd. So, I'm going to call this Thursday, April 23rd Board of Zoning Appeals meeting to order. Uh, the first thing we need to do is discuss and hopefully approve our minutes for last month. Does anybody have any questions, comments, concerns? I looked through them earlier and they look good to me. So, I will make a motion that we approve the minutes. Second. We have a second for Mr. Hagen. Any discussion? All right. All those in favor?

I. All right. All those opposed? All right. Brand new pin. All right. Um, we only have one variance request tonight, but I am still going to read the um, criteria into the record just in case anybody's hanging out and listening to us online. Um, they are on the screens. Just keep in mind we have to meet all four of these in order to grant variance. The first is extraordinary conditions. There are extraordinary and exceptional conditions pertaining to the particular piece of property. Two, other property. The 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 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. So, just keep those in mind as we move forward. Um, with that being said, I will now hand it over to Marsha, okay, to present variance request A.

Thank you. All right. This is a variance request from the strict application of the city of Conway's UDO table 62, I mean, I'm sorry, 6.2, two non-residential zoning districts for the property located at 209 Walrip Street. The subject property was originally zoned production service industrial industry when the city adopted the current UDO on December 12th, 2011. All PSI parcels were reszoned to either light industrial or heavy industrial. Under the previous PSI zoning, the required side setback was 15 ft. Following the 2011 reszoning to heavy industrial, the required side setback increased significantly to 30 feet. The applicant is currently seeking a permit for the non-residentidential accessory structure per the UDO section 5.2.1b 2.1b accessory structure structures must adhere to the setbacks of their primary zoning district because the existing primary building was constructed under the old standards and does not meet the current 30t high um heavy industrial side setback. Placing the new accessory structure in compliance with current code is physically unfeasible. The variance requested is a variance to allow an accessory structure that does not meet the standard 30foot heavy industrial side setback, a 7 foot variance from the required 30-foot side setback, allowing the structure to be placed at a 23 foot setback. And the applicant is here if you have any questions.

All right. Who is the applicant? Will you step up here real quick for me? Will you please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes, sir. All right. Will you state your name for the record, please? Javon Charles Fischer. Good deal. And um you are the property owner. I am not the property owner. I am a tenant. Okay, good deal. Um is there anything that you would like to add in addition to what staff has presented? Um no. Oh, I think they've done a pretty good job presenting our case.

Yeah, good deal. I just wanted to make sure. Um, is there anybody else here to speak for or against this variance request? All right. Nothing to add. You're good. Cool. Um, I'm going to make a motion that we close public input. Second. All right. We have a second, Mr. Alman. All those in favor? All right. All those opposed? Okay. Public input is closed. I just want to make sure you didn't have anything to add. So, we're good. Um, we have a lot of issues with the lot sizes in this general area. Um, and 30 ft is a lot.

And you'd still be at 23 feet. Yeah. And it was 15, right? Until it that zoning basically went away. Yeah. Um, anybody have anything to I I think this has come before us before. Yeah. Out there due to that reasoning and that was when we actually had a discussion that we wish for that area we could tweak some things. Um, if we were talking about cutting it down to like two or three feet or something, obviously we would

things would be a little bit different. I think considering the history of the lot and considering um the changes in the in the zoning and the way those rules have changed, I think we certainly we we meet all four of the criteria. I think especially we got utilization that kind of makes it difficult to run this type of operation without a lot of room to do so. Um I'm ask one quick. Yeah. Yeah. Um the building itself it meets everything else. I mean we the accessory structure. Oh, as far as the other requirements, right? Yes. Just the set. Just this. Okay.

All right. Um, anybody else got any discussion, comments, concerns? I'll make a motion to approve the variance request as All right. We have a motion to approve the variance request from Miss uh Dingle. We have a second from Miss Baxley. Any further discussion from the board? All right. All those in favor? I. All those opposed. All right. Variance is granted. Thank you, sir. Thank you guys very much for your time. Absolutely. Do we need to talk about this thing on the record? Um, yeah, it's uh y'all are good. Thank you.

Kim will be in Kim will be in touch with you soon to discuss next things. Awesome. Have a great night. Thank you. Um yes. Okay. It is just making you aware of what's coming. Um um it they're telling us in except like the tree thing. I know.

Um it had first reading April 2nd. Um second reading is going to be May 4th. Um, special exceptions will come before BZA um for these entities. Oh, good. Can't wait. And Charlotte made the um the flow chart that's with your packet. That's very very helpful. But it will be the same criteria. Okay.

I assume there's definitions like alternative financial services. Yes. Um what would that No, it's not defined in what you have, but I'll get you guys a copy um before it's um goes into effect. But like this is an example of a vape shop currently zoned highway commercial. However, it abuts an um residential zoned R2. So that triggers the need for a special exception. Oh. So they would have to come before you guys. Okay. Yeah. Um

because they can't be close to other stuff, right? Right. We're trying to um limit how close they are in proximity to each other and to residential zoning districts. Don't want them all wadded up together. Okay, good deal. And then there's the flowchart. Cool. I don't think it's going to be um a massive amount, but No, I do think that's important though. Oh, yes, definitely.

Cool. Okay. And so we're This is just for us to keep the Yes, it is the study. Okay. But us talking about it today is just informative. We don't need to do anything. Okay. Go ahead. and the article 14 um for the BCA is being revised. Um David Sly had he's on planning commission. He had input into this and um so this is what went forward um for BZA at the April 2nd city council. Okay.

Cool, cool, cool. All right. Do we need any anybody want to ask any questions? We got any further discussion? Sure. Once we look through it, we'll figure it out. Oh, yeah. All right. Anything more? Are we good? We're good. Awesome. Make a motion to We have a motion. We have a second. All right. All those in favor? All right.