Board of Zoning Appeals - Regular Meeting

30. We got a full room, so we're going to get rolling. Um, I'm [clears throat] going to go ahead and call this January 22nd, 2026, um, board of zoning appeals meeting to order. [snorts] The first thing we got to do um is actually elect officers for this year. We will start with president or with chairman, excuse me. [laughter] Does anybody have any nominations? Oh, I do. [laughter] I nominate Paul Lawson as chairman for the 2026. All right, I second that. [snorts] All right, we have a nomination in the second. Any discussion?

He's done. Am I allowed to discuss it? Um, all right. All those in favor? All those opposed. All right. And then vice chair, I will nominate. Um, who are we nominating? Katherine to continue in her role as vice chair. [snorts] Second. All right, we have a second. Mr. Hagen. All those in favor? All those opposed. All right, we'll keep it rolling. It's worked all right this year, I guess. Um, that's it, right? [laughter] All right.

The next thing we got to do real quick is approve our meeting minutes from nove the November 20th, 2025 uh meeting. Uh, Mr. Chairman, I want to um ask that we reconsider um a from the November 20th meeting. [snorts] uh there wasn't anyone to discuss that was for the um um the the the the stuff. So we want to figure out and we realize there was an opportunity something came up where he wasn't able to come. So okay give him a chance to to come back and chat with us. All right. I do think that's in the best interest of everybody involved. So I will second that motion. Any discussion from the board? All right. Uh all those in favor.

All right. All those opposed. All right. to that uh various request A um for property owner PQs from the November 20th, 2025 meeting will be up for reconsideration at the next available meeting, which will that be February or will that be March, Kim? February. That'll be February. So, that'll come back up on our next agenda for next month. Um, other than that, do we have any questions, comments, concerns about last month's um, meeting minutes? [snorts] I make a motion we approve. All right. So, there is a motion on the floor that we approve with the change in second.

We have a second from Miss James. All those in favor? All right. All those opposed. All right. So, we are good to go there. So, um that I know there is a representative here that will come back up for full reconsideration like it it'll basically start over um in February. Perfect. Yes, sir. Thank you. [clears throat] All right. [snorts] And now Yes, sir.

We are moving on. We have one, two, three, four, five, six, seven, eight. We have eight variance requests this month. Um that is a lot. Um, I know nobody wants to be here all night long. We are here as volunteers. Um, but we will stay here as long as we need to stay here to make sure everybody's heard from and make sure everybody's, uh, questions, comments, concern are answered to the ability that we can do so. Um, as far as public input, um, I am going to have to limit that somewhat. If it starts going, I can limit it to three minutes, 2 minutes, 3 minutes per person. Um, that is a lot longer than you think. Um, and if you're having your question answered by somebody, the clock really isn't running. So, that is a long time, but I'm going to try to adhere to that because if everybody in this room talked for three minutes, we'd be here a long time. Um, so with that being said, if you come up for public input, if I ask you to stop talking, I promise you it's not rude. I'm just trying to adhere to the rules so we can make sure everybody here who would like to be heard has a chance to be heard. The first two I am assuming are involving most of the people in the room because there is a lot of properties involved um with those two. So if you're here on either A or B, just know there's a lot of people here on those two. So I will definitely be controlling time for those. Um [snorts] other than that we are now going to roll into um our criteria. If you are speaking for or against the variance request, just remember that these four things have to be met. It's not either or. You don't get to pick one. We have to have all four. Um I'm going to read those into the record so anybody in the room or anybody listening knows what they are and then we'll get rolling with the

actual request. Uh the first one is extraordinary conditions. There are extraordinary and exceptional conditions pertaining to this particular piece of property. Second is other property. The extraordinary and exceptional conditions do not generally apply to other property in the vicinity. The third is utilization. Because of the extraordinary and 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 last is detriment. The authorization of a variance would 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 keep those things in mind. With that being said, I'm going to hand it over to staff to get us started with variance request A. [clears throat] This is a variance request from Beverly Holmes from the strict application of the city of Conway's UDO article 9 landscaping buffering and tree preservation for several parcels in the Rivertown Road North subdivision off Cultra Road. The plat the final plat for Rivertown Road North phase one was approved on December 22nd, 2022. The lots are zoned R2 at that time. Section 6.5.3 village corridor overlay of the UDO required side and rear perimeter 25- ft vegetative buffer for single family residential over five units or multif family developments. The 25- ft [clears throat] private vegetative buffer was platted as an easement instead of fee simple to meet the lot depth requirement of 120 ft for the R2 zoning district. Though this buffer was platted, the landscape buffer does not exist. On May 15, 2023, um an ordinance was passed by city

council to eliminate this requirement from the VCO and require developers to adhere to article 9. Table 9.1 landscaping rate chart requires a landscape B landscape buffer. This buffer must be a minimum of 15 feet in width while the 25- foot vegetative buffer only requires the [snorts] existing vegetation including any trees remain undisturbed. The type B buffer would require from article 9 the installation of two canopy trees, three understory trees, and 20 tall shrubs per 100 linear feet, as well as an irrigation. Requiring this 15oot buffer would still encumber the property owner's rear yard since nothing is allowed to be constructed in the 15t buffer with or without landscaping. If [snorts] the variance is approved, a plaque will be required to eliminate the 25- ft private vegetative buffer and must be signed by all property owners. Uh variance requested article nine, a variance to eliminate the requirement for a perimeter landscape buffer on the individual lots. Also a variance [snorts] to eliminate the requirement for a perimeter landscape buffer from being required in phase two of Rivertown Road North. [snorts] And I'm not sure who's here representing Beverly. Um, all right. Help Kim, help me out real quick. Um, the phase one and two are already there,

right? Phase two is not there yet. Okay.

So, we're doing this for one the there are two variance requests for one for phase one and one for phase two. Um, for Beverly's variance request, it's for the lots that they still own as well as phase two. Okay. Of Rivertown Road. So that's technically two, right? Yeah. And but phase two hasn't is phase two. The pin number 48. Is that going to be phase two? 48. Okay.

So that's the open area there. Okay. [clears throat and snorts] So, we've got two from Beverly and then one from the the indiv combined individual property owner. Right. There's three, right?

Would you please raise your right hand? You swore to tell the truth, the whole truth, and nothing about the truth. I did. All right. if you would state your name for the record and who you are here on behalf of. Uh Scott Davis on half behalf of Beverly Holmes. All right. Is there anything about anything Miss Wilson just presented that you'd like to add before we discuss start ask? Okay.

Does anybody have any questions? The phase two plat. It's not been done yet. So, it's still this open area. That's right. It's still under uh site construction. Okay.

And currently, Kim, under the new stuff, Uhhuh. not the 25, the old 25 foot. Right. Now, we're working under a new set of rules. Mhm. With the 15t landscape buffer. Right. Um, has the new plaque been approved? No. At all? No, we haven't seen a plaque um yet until um we know the outcome of variance. I got you.

And I don't know how they in plan to handle that. if each property owner is going to pay for their own plat to be done or if Beverly is going to pay for the whole new plat for one for phase one. Right. But I'm but obvious obviously these things seem very similar but [snorts] due to the current situation at of phase two they're actually extremely different. Phase one is platted and there are homes there. Right. Right. Phase two is in site work phase, right? So phase two would have to do the um type B landscape buffer.

Okay. If the variance wasn't granted, but they're asking for a variance from that, right? Okay. Could they not do the could they not conform to the var to the conditions in phase two? We haven't seen anything yet. Um can you answer that. Uh I don't see why not to the new for the phase two because obviously we

with phase one we got to look at it with a pretty unique lens because we got a mixture of owners. We got a whole lot of people that didn't do this. But phase two, we got a we have to consider it's not we can call it whatever we want to call it, phase one, phase two, but it is not if if somebody rolled up in here with a brand new set of plans for a whole new neighborhood somewhere. Whatever we do at phase two would apply to that as well, right? But it wouldn't be allowed to be done um as an easement. It would have to be the landscape buffer would have to be cut out fe simple and the lots meet 120 foot lot down. Okay. So that the property owners know exactly what is their property.

I got you. So in that case the what is an easement in phase one would need to probably be in fee simple to the HOA developer as common space. Right. Okay. A lot going on. Yes. [laughter] I mean, I can understand looking at phase one because that was done and and things were changed. That's right. And phase But in phase two, it there's an opportunity to make it right is what I think I'm looking at. Yeah. Is that right?

Well, it it I guess it wouldn't be an opportunity to make it right. It would just be an [clears throat] opportunity to do it. To do it, right? That was my question about where they were in the process [clears throat] because it hasn't been divided into lots, right? Yeah, that was my question. No, there hadn't been a platting action because they're waiting on see what we say. It sounds like right as my assumption. So I think

what's [snorts] he the first few lots that uh coming into phase two must be a factor. [cough] I got you. Um okay, that was clearing at the beginning is they had to build a temporary road to go connect to the other side. I see. Or they could apply for variance on lot on on lot. Yes. Which is way easier to swallow. [laughter] Um, [clears throat] yeah, that's easier to especially if it's a few right

at the connection point. It creates a lot of it helps us meet all of our criteria if it's not the whole thing. Um, does anybody else have any questions for Mr. Davis right now? Um because basically what we have is the fa we have variance request A the phase one aspect of A is exactly the same except we have individual owners as variance request B.

Right? So I All right. Is there anybody else here who would like to speak on variance request A? Or I'm going to go ahead and let anybody that would like to speak for or against variance request B come up because they are so closely intertwined that they will we will probably make a decision on both of them at once. So is there anybody here that would like to speak on A or B? A. If you're speaking, if you are here as an individual property owner, you will be speaking technically on B, but we're going to go ahead and do it all here now because it makes sense to do it all together. If you if you want to speak for A or B, just raise your hand real quick. All right, I'm gonna let him go cuz he's standing up. Come on up. What I'm going to ask everybody to do when you get up here, I'm gonna swear you in, and then I need you to state your name, if you're here on behalf of yourself, what your address is, um, just so we can confirm that you are a property owner. Um, so if you would please raise your right hand.

Do you swear to tell the truth? The other right hand. Yeah. Right. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. All right. And would you please state your name for the record? Uh, my name is Bradley Littlefield. All right. And Do you live in this neighborhood? Yeah. I reside at 3351 Little Bay, which is lot 17. Okay, perfect. And, um, what would you like to add? Um, well, I'm actually here with a few other neighbors. Tyler Swanson, I think, submitted all the variance requests and so forth. Um, you've already pretty much identified the issue. Uh, the back of my home and and the other homes, there's a 10-ft drainage easement. And then beyond that or closer to the house, there's that 25 ft what's called the private landscape buffer.

So we're at 35. It's 35 ft. The setback on my house from the back of my house to the back line is 47 feet and 8 in, which for fencing purposes leaves me 12'8 in. Um there are other homes, models that are much deeper. For example, [clears throat] Mr. Swanson's home, there'd be no place for a fence to even go there. So, we're asking for this for [clears throat] this variant so that we can erect fences. I don't know what other folks are looking to do, but so that we can erect fences for the peaceful enjoyment of our backyards. I have a dog, so I walk my dog all over the neighborhood. Some of my neighbors probably don't like that too much, but um I would prefer to have it fenced so I could let the dog out.

All right, you guys have any questions? And I don't know if you need this. I printed out like six copies of this to show. I'll take if you got one, I'll take it just so we can You can have them all. if you'd like them. I don't. Yeah, this is right here. We're going in the recycle bin when I get All right. You've already got the already got the plat plan, I think. Yeah, we got all kind of stuff. Let me This is just one example. This is my particular Gotcha. Aander. Um, yes, sir. Thank you for being here. Public input is obviously very important to these type of things, so we appreciate you being here. Your turn. First, thank you for being patient. Can you please raise your right hand? Do you swear to tell the truth, the whole truth, or nothing but the truth? I do.

All right. And if you'll please, same thing. State your name for the record and where you reside. My name is Linda Heiser and I reside at 3419 Little Bay Drive. Okay. It's lot 12. Yes, ma'am. The parcel number ends in 11. You need that. Got it. Um I moved in May 2024, uh which was one of the first houses that were occupied. Yes, ma'am.

Um and went for a fence right away. So, there's a lot of going back and forth. Was it 25? Was it 35? [snorts] and I saw that um there was no uh personal area with the bushes or the trees or the BMS. So, we went around with that, contacted Yes, I spoke with Kim a long time ago. Um, [clears throat] moving fast forward, I did have the fence put in um coming 25 ft 25 ft off of the back of the property line, which then takes it basically 17 ft from the back of my house. Um, which is not not too far when you have

probably about the distance between me and you probably. [snorts] Yeah. So um and the other the other point being the additional 10 ft and there is a goalie back there obviously don't want that in the backyard but there is enough room you know whether it be 10 ft I'm assuming that's what we're going for leaving but 15 am I understanding that correctly there'll be 15 behind where I can move my fence to I'm looking at extending the fence 10 ft every lot's a little it's going to treat every lot a little bit different because there some ement stuff back there that has to be there. But this is for the 25 [clears throat] foot. They don't overlay, do they?

If it's 10 foot, then it's 25. Okay. Yeah. So, this would be the 25 foot part would essentially if the variance is granted, that would be space. You could then I could extend because it's 60 ft wide. And then I could extend it, you know, adding another, you know, area. And the area that's back there now is soded and I have to maintain it. It's behind my fence and I have to maintain it and I have to mow it, but I can enjoy it. Yeah. And I want extra space for my dogs. Gotcha. And to enjoy it. Yes, ma'am. Thank you. Um, is there anything else? Any questions or anything? All right. We have one question. Okay. Well, just for just for clarity,

if you're going to um again, this is not me being rude. I need you to talk to the microphone because in case there's people out on the worldwide web, they won't be able to hear you. Brad Littlefield, just for clarification, we're talking about the variance allowing us to erect defense uh just beyond that 10 foot setback, right? It's going to allow that 25 foot. It'll open that 25 foot up. Okay. You can't go into the ement. Okay. So, the rear the rear line for be the 10 would be the 10 foot. Yeah. Thank you. You can't go all the way to the property line essentially. [clears throat]

All right. Is there anybody else here that would like to speak for or against either variance request A or variance request B going once. All right. Um stop that I guess. So um any further discussion? Any more questions for Mr. Davis or anything before we try to parse this out? Uh, can I say one more thing for the um, please?

Um, the drainage easement is a private drainage easement. So, if the property owner gets something from the HOA stating if the fence has to be removed, um it's at the cost of the property owner, they are able to go to their rear property line. Okay. Just it's a private easement. I got you for the HOA, right? Okay. It's not a publicly maintained easement.

Yeah. I want everybody to be real clear. No matter no matter what we're about to say, your HOA will also need to do their normal whatever they do. Everybody's a little bit different, but this doesn't have anything to do with them and their rules. That is a whole different set of rules and I will not be getting into that. Um and stress that that if the variance is granted doesn't mean it goes away. A plat still has to follow up.

Yeah. So this um if the variances are granted for the properties that already have homes and basically phase one houses which would be anybody that is here as a property owner. Um it will have to be replplatted. A survey will have to be done and approved by the city basically removing right the 25 foot landscape buffer. I guess at first it was called what? A vegetative area. Yes. And now it would be [snorts] a 15 foot going forward. It's a 15 foot landscape. Um, is there any comments from anybody or any questions? And there's a cost involved with that. Yes.

That would be between the land owner and that will have nothing to do that'll just be no matter who pays for it, that'll be the next step for anybody that owns property in there. Um, all right. We probably should take these in three separate parts. Okay. So, this is a tough one for us. Um, because you guys, a lot of y'all already live there. Um, and you didn't [clears throat] do any of this, I guess, would be the the way to put it. Um, [snorts] can we go ahead and vote on B even though it hadn't been formally presented?

Oh, yeah. Because they it was in their application. Okay. Are you talking about phase two? Correct. Well, I'm talking about No, no, no. I'm talking about variance request be the one for the individual propert.

Um, so I'm going to actually start with B. Um, as far as we have a pretty unique situation with B. Um, and I I think for a lot of equitable reasons, um, it would not necessarily behoove us to deny that. Um, like I said, we got property owners that didn't really know what was going on. Um, we had a developer that did know what was going on that sold them the stuff. Um, but there seems to be a the way this got here doesn't really have anything to do with how we're supposed to decide, but I think it is important in this case to consider the individual property owners are in a pretty unique situation. Um, I think we definitely have extraordinary conditions. Um although it may apply to the lots in this area, I don't think it applies to any of these other neighborhoods that we can even see on this plat. Um and I think we have a big issue with utilization because it is prohibiting a lot of use of property, especially the point of having to maintain it, but you can't use it. Um and I definitely don't think it's to the detriment of the neighborhood. Um I think a whole bunch of property behind a fence looks kind of weird.

Um so um for [clears throat] those reasons for variance request B, this is the one that applies to the individual property owners in that neighborhood. Um I will make a motion that we grant the variances for all pin numbers as presented. I second that. All right, we have a second from Miss Hill. Any discussion from the board? All right. All those in favor? All right. So,

what we've done so far is if you own a piece of property in there in phase one, [clears throat] if you speak with the developer, talk with a surveyor and do the work necessary and Kim can help you very much so with that. Um, we can get all of that moving. Um but the variance has been granted for you guys and um so yeah. So now let's move back to A to the phase one variance request. If we granted B, we don't have a whole lot of opportunity to deny A. as far as it pertains to phase one. Not real happy about how it got here, but the rules are different now, so this shouldn't happen again. Um, but because we granted it for the individual property owners, and in the future, it will just be more individual property owners, I think it then makes sense to grant various request. A that the one that pertains to phase one. I think it makes sense to grant that as presented. So I'll make a motion that we grant that variance.

I'll second that. Have a second from Miss Hill. Any discussion? So that's the lots that are still owned by that's the lot. That's the lots in phase one that are already platted that are still owned by. Yes. Just want to make sure. All right. So any other discussion? All right. All those [clears throat] in favor? All right. All those opposed.

Okay. [snorts] So now all those are done. However, moving on to phase two, because of some of the reasons we discussed earlier, it's not even platted yet, there's plenty of opportunity to um adhere to the adhere to everything that's required. Um if individual lots need some sort of variance moving forward, I think that would be easier situation for us to kind of review. Um but as it sits now when you're just in the site work phase I think it it would be a giant can of worms um with development around the city if we if we said yes to that one right now than anybody else that came in front of us we'd have to say yes. Um but that's not to say that especially the lots that we already questioned you know [clears throat] as that takes shape. Um, we will consider those as they come, but I I don't think it's prudent at all for us to grant the one for for phase two. Anybody else have any comments or anything? I

agree with that. Okay. So, I'll make a motion that we deny the variance request for phase two. Second. We have a second from Mr. Hagen. Any discussion? All right. All those in favor? All right. All those opposed. Okay. Cool. So, we are good there. So phase one's good to go and then we'll if anything comes up for phase two as it y'all go through the process, we'll we'll work on that as they come. Cool. Thank you for being here. Um anybody here for A or B, um [clears throat] you are welcome to hang out with us all night long. [laughter] However, you are free to go.

You I'll give you guys a second to leave if you'd like to before we get going on the next one. again. Again, um, thank y'all for being here. Public input is very important. It's real hard for us to take everybody's interest into account when they're not here to tell us what their interests are. Absolutely. And Kim will help you guys out moving forward with the survey process. If y'all got any questions, just call her. All right. [clears throat] Okay. Two down.

Yeah. [laughter] All right. And now we will move on to variance request C. Wilson, if you'll please present that for us. Uh this is a variance request from the strict application of the city of Conway's UDO pertaining to fences and walls for the property located at 905 Hickory Circle. The parcel located at 905 Hickory Circle is zoned R2. This parcel has a corner front on 9inth Avenue and a double front on Friendship Street. The applicant is seeking a variance to install a 6-ft vinyl fence in the double front yard and partially in the corner front yard. The applicant's lot is considered legal non-conforming since it is a non-conforming lot of record. Double front lots are not allowed to be created per the current UDO. Um staff recommends that should the variance be granted, the six foot fence at ninth um at 9inth Avenue must comply with the 10-ft setback requirement to maintain the required sight triangle. Uh variance requested, a variance to allow a six-foot vinyl fence to be installed in the double front yard at Friendship Street and a variance to allow a 6-foot vinyl fence to be installed in the corner front yard at 9inth Avenue with without meeting a 10-ft setback. Yet staff recommends that the 10-ft setback be met. And I'm not sure Miss Kim is here. Is there anyone here to representing this?

Yes, she's not. Okay. Um what's the blue? Um the blue is the 4 foot and the blue on the left side is what's allowed between 4 foot and 6 foot. And then this is what's And then this is what's proposed, right? [snorts] Okay. So this is

Marca, did you hear from her?

Let me stand over here. So the variance is is it for [cough] all this is for this right in a double front is treated the same way as a front yard. So if you go across um I forgot this was friendship there's a whole another road for [laughter] [clears throat] like wait the back of the lot. Okay.

But you still have to have that set back, right? The 10 foot at 9inth Avenue. Yes, staff recommends that. Okay. Is staff recommending anything on hickory or friendship? Um, no. That would be up to you guys. 9inth Avenue is a busier um road. So, and there's a house um right beside where she they would have a hard time getting out and making a left out of their driveway. If the sixoot fence went all the way to 9inth Avenue. [snorts]

Yeah, that's what I was thinking. Yeah, you could be able to see. Right. And same thing on the other corner. It's not a corner, but right where the fence I mean that's the whole reason that you can't have a fence that high all the way to the street, isn't it? Right. Well, the front yard is considered from the front facade of the house, right? Like straight across. So 4 foot would be back like a U-shape, right? All right. Is there I know the property owner is not here, right? She is not.

Okay. Is there anybody here for or against this particular variance request? All right. If you could come up here for me, please, ma'am. All righty. If you will please raise your right hand for me. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. Yes, ma'am. And if you will please state your name for the record. Winner A. Anderson 913 Friendship Street. Okay. Is that right there? Mhm. That's the double front. Are you at the corner of um Are you at the corner of Friendship and Night?

I'm um on uh Friendship Street from 9inth Avenue. I am the third house going down the street. Okay. From 9inth Avenue. Okay. All right. And what um what would you like to add? I would like to say that I have no problem with the persons that want this fence. Yes, ma'am. But is there a law? Isn't there a law saying how tall your property fence has to be or is there no restrictions? Well, that's why we're here.

It I would I will not call it a law. It is a city ordinance. Um, and it's called an ordinance, not a law. Um, for very many legal reasons, but there are there are rules about the height of the fence, and that is exactly why we're here, okay? Is to determine how high it can be. What we have here though is what we call a double front yard. It's really close to a triple front yard. Mhm.

Um there are a lot of these, not a lot. Um we have had these type of lots come to us in the past. What ends up happening is both your front yard and your backyard are considered your front yard for purposes of the unified uniform development act. That is the thing that gives us the rules. What we have in these situations a lot of the time is somebody has no backyard and these rules are not that old. So a lot of these properties I don't want to say they're grandfathered in because that's not the right terminology, but they were owned they were created more importantly they were created before these rules were in place. this particular lot. If somebody tried to create this out of a big old piece of dirt right now and they grew drew a survey and wanted to create this very lot, they could not do it anymore. Um, these lots, especially these ones right off Ninth, have been here a long time. And so [laughter] we have a lot that can no longer be created. So, we have to balance the rules with to a certain degree fairness because we want people to be able to have a backyard.

Yeah. And I and and the thing with me Yeah. It is every house, every person living on Friendship Street. Yes, ma'am. Has been there 50 years or more. Yes, ma'am. And I like I say, I just can't see I if it's not a fence that's going to olude or take away the character of our homes. Yes, ma'am. On Friendship Street, it's no problems. But that house, wherever what that is, the the fence that they had to take down, you couldn't that person couldn't come out their back door. Yeah.

And you couldn't even see their back door from Friendship Street. So, what I'm saying is whatever the law is or whatever the rule is, ma'am, I have no problem. But don't take away the character and make us think that we're barricaded as a neighborhood. Yes, ma'am. Because we're still a neighborhood. We were when they came here. Yes, ma'am. That's all I'm asking for. Just Yes, ma'am. We're not a business. We are a neighborhood. Friendship. Friendship. Friends. [laughter] Friendship. And I will say just to no matter what we end up doing um they are only asking they could go build a 4ft fence right now. They already took them all down

and they're ask they could do that without having to come to us. All they're asking for is is a twoft variance to go to six foot which is about as tall as me. Um so it won't be some huge monstrosity but um that is what they're asking for is to go to six. They're not asking for They couldn't see the back of the person in the house before and they couldn't get out the doorstep. [laughter] All right. Okay. Um well, first off, thank you very much for being here. Public input is very important and um we appreciate you being here. Thank you.

Um is there anybody else for or against this particular request? I think based on the fact that we do have a little bit of opposition and the property owner is not here. I do not feel comfortable vote on this without property owner. I agree. So we'll give her one more try. I agree. Okay. Um I will make a motion that we table this till the next meeting. Okay. I'll second that. We have a second from Miss James. Any discussion? All right. We are going to um All those in favor?

All those opposed? No. Well, let's give the property owner a chance to speak without be hard to approve it when only person hearing was against it. So, let's make sure everybody has a chance to be heard from and just make sure let her know I would show up next. Okay, I'll do it. All right. [cough] Move [clears throat] on to D. Go ahead. Yes, ma'am.

Okay. Um, this is a variance request from the strict application of the city of Conway's UDO table 8.3 parking requirements for the property located at 1600 Church Street. The first full submittal for Parker's Kitchen was completed and comments returned. One of the comments was regarding the parking count. The applicant is seeking a variance to increase the number of parking spaces allowed for the for the use um per table 8.3. Um the use would fall under service establishments. The proposed building is 52 umund and4 square feet which based on table 8.3 would allow a maximum parking count of 28 parking spaces. The applicant is seeking a variance to allow for 38 parking spaces and Mr. Daniel is here. [laughter] Welcome back.

Thank you. [laughter] It's great. It's great to be back in com. Um, all right. If you would please raise your right hand. Sure. I I have with me here to uh Patrick Moahan. He's our civil engineer as well. He'll probably be speaking also. Okay. If you will rate Let's do it both. Let's both of you raise your hand. Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes. All right. Now, state your name for the record, who you're here on behalf of, and then I'll get you to do the same thing. Sure. Daniel Ben Israel, real estate development manager with Parker's Kitchen. All right. And you, sir? Yes. Patrick Monahan. I'm with Foresight Group. We're in Charleston, 960 Morrison Drive. Awesome. Good deal. Is there anything either of you would like to add to what staff has already presented?

Sure. Um, so the variance request was made because y'all have both a uh minimal and a max parking count and um your all's code does not specifically go right to a gas station basically. So when we made our application um we made it originally under retail establishments which requires the a minimum of one space for every 200 square ft or or a max of one space per 150 square ft. Staff basically looked at that and said we we think it actually would fall under a service estab establishment in your code. And I'm referring to uh the table uh 18.3 I believe it is for for your parking code requirements. [snorts] And under that it has a parking a minimum parking of 360 square ft versus 187 square ft. And using that that which staff recommended to be the correct the u maximum allowed parking would be 28 spaces. And so we're essentially asking for 10 additional spaces. And interestingly enough, I was looking at at your all's code and there's another another part of your code for service stations, the old style service stations, discount tire, whatever, and it it references tunnels. So, and it it's basically two space per um per bay or three spaces per bay, which then would equate to 32 or 48 spaces. And I'm just trying to apply some of your code. We're basically falling right in the

middle. What we normally see in other municipalities when when they have their code for a typical gas station, they basic one, you have to have one parking space for every gas pump, right? We've so we got 62 or 16 gas pumps, 16 parking spaces. That would be item one. And then for the convenience store, there's usually about the 300 square foot minimum. So there would be the additional spaces comes out to 34 spaces in in that case if you applied that math. We're asking for a few more spaces. We've rounded it out to 38. What and Daniel can certainly elaborate on it, but Parkers also does have serve warm food and everything like that. So they find that the usual um person coming into the store may spend a little bit more time. So when we can, we try to maximize out those parking spaces for them.

Kim, if this was a restaurant, a restaurant, if it was a restaurant, how many spaces do they have? 125. How many, David? It's one per 125. Their max is one per 56. One per 56 feet. That's the max. Yeah, he's correct. So, that would be 90. [laughter] All right. We We don't need that. And again,

there's not space there for that. I was just trying to give y'all some examples between what we see in your in your Well, I I and I as these gas stations become much more than a gas station there, we're going to have issues with classification, which is what you just pointed out. Um [snorts] [clears throat] I think Buggies has more than 38 spots. Oh my god. [laughter] Um, all right. Is it uh

Yeah, you guys kind of fit the way these businesses operate, you kind of fit in between about three different uses which creates this problem. Um, does anybody else have any questions for these fellas? I don't All right. Is there anybody else here for or against this request? Anybody? So I the only question that I have is you have 20 28 is what's allowed. You want 10 more. Is there room? Yes. And that site plan and we've got additional copies here if you need. Some of these things are so small it's hard. [laughter] No, I mean it is pretty big. Oh yeah.

Oh, it's actually two, isn't it? We go to Parker's kitchen all the time. Is [laughter] it too now? It looks like it's bigger than the old one was. Yes. The old whatever. Yeah. Yes. This is redevelopment of property. Um Yeah. Staff doesn't have a major issue with this. We just don't have in-house variances. Gotcha. Um All right. Is there any other questions? Anybody? I'd like to make a motion that we grant this variance. Second. We got a second from Miss Baxi. We have a motion by Miss Hill, second by Miss Faxi. Any further discussion from the board? All those in favor. All those opposed. All right. Thank you so much. Thank you. Appreciate it.

I should get you like a punch card. I know. [laughter] No, I think next time they need to bring

my guys to come 30 minutes earlier than they are. Yes. They will go there for breakfast. All right, that bring us to E, I think. All right, we will hand it back over to staff to present variant request E.

Uh, this is a variance request from the strict application of the city of Conway's UDO article 6 design standards for the property designed as Elmherst phase 6 off Metland Parkway. The final plat for Elmherst phase 4C was approved on March 16th, 2021. Upon layout of Elmherst phase 6 adjacent to 4C, it was determined by Diamond Shores that the right-of-way line shown on platbook 298 at 28 was approximately 19 ft from its actual location. As a result of this error in 2021, the lot depth requirement of 120 ft for parcels zoned R2 cannot be met for three of the lots in phase 6, 40, 148, 149, 150. The applicant is seeking a variance on the lot depth requirement for these three lots to properly shift Dandy Lane, which runs parallel to Medlin Parkway. Um variance requested a variance to allow a lot depth for lots 148, 149, 150 from 120 ft to ranges of 100 ft to 119.9 ft. And David Schwar is here for Diamond Shields.

Would you please raise your right hand? Do you want to tell the truth, the whole truth, and nothing but the truth? No, I do. All right. And please state your name for the record. David Schwar, Diamond Shores, representing Dr. Horton. Got it. All right. Is there anything you would like to add? Um, just so that everybody knows what we've had to do. If you look, phase six is part of an overall master plan. Um, and I don't know that you put that in the slide presentation. So, phase five, if you go back to the aerial potentially

Oh, that go to the next one. That'll be fine. So you can see a bigger overall layout. Phase five is actually at the bottom of the screen to the bottom right of the screen. And that plat has been submitted to the city. When we were asked to do the two adjacent properties down to the bottom right of this, the reserve at Mil Pond and the reserve at Elmherst, those two projects, we identified the fact that the boundary line on the construction plans for phase five were not matching the actual rightaway line and we pointed that out to the owner. Since that time, we've been asked to take over. We'd submitted the final plat for phase five. In fact, on phase five, we ended up having to remove two lots that were adjacent to the rideway. Um because when we adjusted the rightway line, it would have been into the open space or into the lots that were in phase 5. Basically what happened is when that road was originally laid out and donated to the Christian school before it was built and constructed and given to the city they built that road where the road is actually offset. So if you go to the aerial imagery

uh I don't know if you can zoom in or not but basically the asphalt part of the road is not in the center of the road. So normally in the center of a rideway you build the road. Gotcha.

Right. In this case, they knew eventually that road one day may be widened and so they built the road offset. Well, unfortunately when the uh surveyors, not diamond shores, did the original phase 4 [laughter] and 4C um they used the center line of the travel surface to offset to create the rightway line. And when they did that, it created a 19 foot approximate gap where the road right away is shown 19t further away from the houses than it actually is that are in phase 4. Okay.

Now, on the back of those lots there, a lot of them have landscape buffer easements and things like that that will accommodate some of that 19t shift. But when you go to phase six, all we're doing is the exact same thing that was um done in phase six. So if you go back to that overall, that that layout is really the master plan layout for phase six that [clears throat] was already in place prior to it coming to us. That was done for phase five and six. The only thing we're asking for is if you see in the top corner, and I'll have to walk to the screen unfortunately to show it, but I'll speak loud so everybody can hear me. So these are the existing lots in phase four. Okay.

So we're not making them any really any smaller. The lot sizes are still well over the minimum lot size for the district. We're not changing that. What happened is originally the road went straight. I got you. But because of the rightway not lining up, we had to transition this to make sure that the vast majority of the lots were able to maintain the required lot depth for that zoning district. So if you're looking right there at 148, first one 148 will be have the same front property line as the lot right next to it in 4C. And so is that lot next to it. So if you're looking at 148, the one to the left, that's in phase four.

That's phase 4 C. And so they've got the 19ish. Some of that some of that is in a landscape buffer. Okay. I would suggest that if if they have concerns that they need to hire a surveyor to go back out and survey the properties. Yeah. Um but so that's lot 58 in 4C.

Yeah. And we are holding with the front of that. So, it's not like we're trying to get something extra over and above what was originally planned for this section of Elmherst. We're literally just trying to fix a surveying issue and accommodate the fact that in the new standards were required to provide a open space landscape buffer as opposed to the previous ones a lot of them had landscape easements across the backs. In this case, we have the buffer, but we're not seeking the variance in the buffer because we're able to meet it on all the lots. We just can't keep the road going straight because of the surveying error that we discovered and had to shift. So, we're keeping the same number of lots, the same overall road layout. We're just putting this little bend in it to pull it farther away from the road since that's actually where the if if you hadn't looked at where the rightway was and you just looked at the master plan, it doesn't change because the master plan just went to the rightway.

I got you. But they had the rightway shown 19T closer to the asphalt than it actually is. I gotcha. That makes sense. The original plat. Yeah. So you can see this is the adjacent and they've got the landscape buffer along the back which is a portion of that 19T would be accommodated. Hold on real quick everybody if y'all could I'll make sure everybody's got a chance to be heard from but try to keep the chatter down so I can we can hear.

So once again we're not looking for anything unusual or hard or trying to get something that shouldn't be granted. This one actually is a unique scenario where it does meet the requirements for the variance. It's following existing master plan and the only other option of course we could keep the road straight but then we would reszone everything and take the density to an R2 in that property instead. And okay,

we prefer to keep it or R3, I don't remember which it is. I think it's R. we could take it to R3, which is what the property adjacent to it and across the street is. We wanted to keep the same zoning as it's currently zoned, and keep the same master plan layout and only have to get a variance on these three lots instead of the whole and that way the back of the lots stay the houses stay in the same line. It just has a curve, a gentle curve in the street, okay? And then it comes back out. Um,

and we weren't involved in phase 4C. So, it's not something that, you know, we could have done or and neither was the the builder. So, so on 48 148 149, it's roughly 20 ft. Those the ones going to about 100. Yes. Yeah. Well, definitely 48. And and they still meet the minimum lot size though, so there's plenty of room on the lot. Yeah. It's not changing that. And there's plenty of depth behind the pad still. It just doesn't meet the lot depth for that district. Okay. All right. Any questions for Mr. Schwar anyone up here? And I'll be happy to come back up if you need me to address any specific question.

Sure. Well, um, let's see. Um, all right. Is there anybody else here who would like to speak for or against this particular variance request? Anybody? This is your time to anything you'd like to ask, anything you'd like to add or anything like that. If you got any questions, this is the time. Everybody good. I did one I handed out my business card to one of the gentlemen. I think it's probably from the neighborhood, but if there's anybody else, I'm sure that my contact information is in the packet. Yeah. And we'll be glad to share Okay. what we found. Okay.

With them or if they choose, you know, whatever surveyor they choose to use. Gotcha. Thank you. All right. I am just about to close public input. So, if anybody else wants to say anything, this would be now would be the time because although I like to think we're all smart, we cannot read minds. Everybody good? All right. I'm going to make a motion to close public input. Second. All right. We got a second. All those in favor. All right. Public input is now closed. Um, very unique situation. Um, anybody got any discussion?

Definitely [clears throat] seems like the path of police resistance. Um, all right. Anybody? Anything else? I mean, I think it meets the criteria. Yeah, definitely the criteria. I make a motion that we grant the variance as requested. We have a motion from Miss James. We have a second from Miss Hill. Any further discussion from the board? All right. Hearing none. All those in favor signify by saying I. I. I. All those opposed.

All right. Good deal. Yes, sir. Might need anything now. Call. All right, we are going to move down to F. Okay.

Cam, if you'll please present variance request F. This is a variance request from the strict application of the city of Conway's UDO table 6.1 dimensional requirements for residential zoning districts for the property located at 211037th Avenue. The above pin number is zoned R1 with setbacks of 20 foot front, 20 foot rear, and 10t sides. The applicant purchased the pin number in February 2025. Based on the D, this pin number is two lots of record referenced um by plat book two at 118. There it is. Uh the original lot line of record uh ran parallel to 7th Avenue, which would be directly through the existing house. The applicant is seeking to subdivide the pin to build a house on the proposed parcel 2 shown on the recent plat that was submitted for review in December of 2025. The existing house does not meet the side setback requirement of 10 foot and the and proposed partial 2 does not meet the lot depth requirement of 100 ft. The applicant is seeking the following variances. A variance of 4 foot from the 10- foot side setback requirement for a side setback of six foot on parcel one and a variance of one foot from the 100t lock depth requirement for a lock depth of 99t on parcel two. And Mr. um there he is here. um with uh Superior King Holmes.

Hello. Good evening. Hello. If you please raise your right hand for me. Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes, I do. And will you please state your name for the record? Ron Jackson. Are you the property owner? Yes, I am. All right. Is there anything you would like to add? Uh, no. I just say a couple things. Hold on.

Uh, first of all, um, I've I've been there for some time. Uh, for the past, I'd say about 15 years. Uh, I buy houses. My realtor calls me. I buy houses in the area between Conway and My Murder Beach that need work. Most of them, a lot of them distressed. So, we I buy the properties, totally gut them, put everything new, and they're new. So, I've done a few houses in the area. I've done houses in Forest Loop of those houses on Hair Street. Um, all my houses on on YouTube, I must have did like maybe 25 houses in the past. This was brought to my attention that the properties distressed. We bought the property and says we bought it those two parcels. So, we was under the pressure, okay, purchase it for two properties and do something with the other other side. So, we currently uh fixing up the property sitting there now. It's currently a four bedroomedroom, I think, one bath. I have plans here. We're going to make it a five bedroomedroom uh two and a half bath next to it. So the the proposed plan that we have I think from our understanding that when it was it was two parcels and to combine it for tax purposes under one parcel.

So we asked to have it surveyed and then now because current um setbacks and stuff like that have changed. So we asked for a variance for about four feet or so so we could build a house in an empty field there. Um, we plan to build a four bedroomedroom, two bath, twocar garage there in the meantime. Um, we figure two. Well, let me ask you this. Yes. Parcel two don't look real big. Okay. Have you do you have I see this action obviously, but do you have the plans? Yes.

Have those been looked at by the staff? Because I my worry is we tell you this is fine and then you come back here [clears throat] in three months and we're having to grant another variance because the house doesn't fit and we've kind of created our own problem. Okay. Not me. You see what I'm saying? Yeah. I said that's my my worry is is if you I mean you can just look at the one there. If you take the current house and just move it to the bottom, I mean, I don't even know if that would fit. Okay. Um, you see what I'm saying? So, I'm just trying to see where where you are and

I would I think it would be easier for us to look at if we had sight a full site plan. Okay. Yeah. And because we could say yeah to this all day and then you come in here, we have to do another request because there's not enough room and we've created a parcel that just can't really do anything. But we're open to that. We just went about we just went on there currently. Yeah. And we already went ahead which at the time we already went ahead at the time we didn't know. We said that the county was approved and that's when we told ahead coming into the city. I got you. And so we have it approved here for a little under 1,700 foot. Now if it needs to be smaller, we have no problem doing okay

cuz we just we just we adjusted it to the to to take advantage of the maximum size of the lot. Right now it's at a little under 1,700 ft. So if it needs to be small, it could be smaller. Well, the setbacks are going to be probably different. No, parcel 2 meets the requirements for the zoning district. It except for the 100 foot lot depth that's off by a foot. It's mainly that house doesn't meet the side setback for where um they're wanting to put the property line. And if we move the property line to make sure parcel one was good, I'm assuming then we got a lot of problems with parcel two. Yeah. Is that going to mess parcel twos?

Right. It's got to be 75 foot at 7th Avenue. How wide is it now? off. Yeah, that's what it looks like. Yeah, cuz it's 75 show.

Do you know the the site plans for the house that would go on two? Do you know those setbacks? Are they I mean are they good? I didn't know we had um Do we have Does it have the lot dimensions on there? See what I'm saying? That makes sense. Yeah, it makes perfect sense. And that's not something Kim should have to judge tonight. No, no, no. He does. He's 20 foot from 7th Avenue. R1 is 20 in the front, 20 in the rear, and 10 on the sides. Yep. He's 20 from seventh.

Um, he's 12. It's a 10 foot set back on the side, and he's 12. He's 20.4 from the rear and he's 21.8 from Melson Street, which we wouldn't even require him to meet. Um, but a 10- foot setback because Melson Street is not built out on that side. Okay. So, it well fits in the But if you move the property line between them, would that change it? Well, it would then the lot wouldn't be big enough. [snorts] Right. This is a 75 ft. It's right where it's got to be now. Okay. And that's a nice looking house.

Yeah. And because we've done houses in area, every time um we've done it, we've enhanced the property values. increase property values. Yeah, that's not I don't have any questions about I have no questions about detriment. Um, and I don't see how it's infringing on anyone else here in No, no, no. I don't have any questions about detriment. Um, no, he's just making sure that you're not creating another situation where you got to come back. I thought [laughter] I thought I thought because of the existing property because it's taken away from the existing property, I thought it would make that smaller. But that's what that's what I thought. As long as it all what you got were fit. That's from not having not cost another. All right. That's understand.

So I didn't know at the time. I didn't know it this was approved and that's when after it was approved they told us to come to to city over here. Just look at four feet on this side the new property. Yeah. So 10t mean it's one foot for the back for the depth and the depth is off of seven. Right. Yeah. Right. It's one foot this way and then it's just four feet right there. Four foot. Yeah. Because the house is a little bit at an angle. Um I I mean I don't have a problem at all with the one foot cuz the lot's the same depth it's been for forever.

Um and this that part that parts there. I mean, I think really what we're worried what we're talking about is are we comfortable granting the 4ft variance on the side of the current house? Y there. All right. Is there anybody else here for or against this property this variance request? All right. I'm going to hear from um lady. We'll do ladies first this time. I'll get it right. [laughter] ladies too. Yes, she did. I You want me this? Yes, ma'am. We're going to do the whole thing. Gloria Lance.

Yeah. If you'll uh do you swear to tell the truth, the whole truth, and nothing but the truth. Yes, I do. All right. And um if you would please state your name for the record and then you can we'll hear from you. Okay. Gloria Lance. And um the property sits behind well actually my property my family property sits on uh Pitman and Sixth Street. Okay. And my concern Pitman you said Pitman. Yes ma'am. Mhm. And six. My concern is the concern that um you Mr. Chairman has in reference once you grant that variance. Yes ma'am. then that then you open the door as you know. Yes, ma'am.

So, that's my concern and I was there today. Um there's no there's no planning signage up there at all. I could not find a planted signage and I did call to the planning um department. Yes, ma'am. and I spoke to a young lady there and told her where my property was and so forth and she indicated because I'm in the 200 feet that's the reason why I got this. So I just have the concern that you all as chairpersons have. That's my concern. Thank you. All right. I hear from you sir.

How you doing? Doing great. If you uh please raise your right hand. You swear to tell the truth, the whole truth, and nothing but the truth. I do. All right. And now, please state your name for the record, and then we'll hear from you. My name is Daniel Grace, G R Ice C. Uh, I'm here representing the estate of Albert Grace and Louise Williams. Uh, the owners of the property 21103 7th Avenue. 21103. And we'll pull that up real quick so I know where we're looking at. It's obviously close enough because you got notice. It is the exact area where the

uh housing is. In fact, uh had you pulled or did a zoom in on [cough] the post uh in front of the home itself. It you'll see that the numbers were removed and the numbers are 21103 the shadowing. Uh I'm here because excuse me traveling uh from Maryland down uh after getting this notification about the variance uh found out uh earlier today that uh my parents' properties both who are deceased uh the property itself had been sold without notification uh to the property owner at this present time. So, it is a deed with question marks on it.

Okay. Okay. Well, I can go ahead and tell you although from 9 to 5 that is right in my wheelhouse at 5:30 on the third Thursday of the month is not um I work on property stuff a good bit, but we could talk about that for a long time. Yes. No, that's not what's in front of us. Well, that's important. That is um information. Have you, as far as that goes, and this doesn't have anything to do with this particular hearing, have you talked to an attorney or anything about that?

An attorney is uh being uh written up at the present time with the attorney. Again, I found this out today at 3:15 after driving from Maryland down here to attend just a simple variance meeting. Okay. To find out that that has occurred. Okay. Uh in addition to that, the property itself is also under probate. Okay. That's a completely I understand this is a variance meeting and I understand what I just mentioned uh is again going to be handled through an attorney because you do have a twoe appeal on any of the Well, here's what I'm going to do. Yes.

Obviously, that is concerning information. Um and depending on what we do tonight, theoretically speaking, work could start as early as tomorrow. I am going to table this because all of that is very concerning. Um, and I don't want us in the middle of a legal proceeding. Um, I'm going to table or I'm going excuse me, I'm not going to do anything. I'm going to make a motion that we table this. I'm going to second that

until such times we have some clarity on this situation. Um, that's probably not going to be in 30 days, but obviously we got to y'all got to figure that out. Um, and there's a lot of questions my lawyer brain wants to ask now that [laughter] have nothing to do with this. Um, but let's just go with uh I'm going to make a motion that we table this indefinitely until such times we got word that has been straightened out. And I'll second that. All right. We have a second from Miss Hill. I will I will hear from you real quick. No problem. Yes, sir.

And we will do due diligence to get it done. Yeah. Yeah. And it I don't want to do anything here and that. I mean, it doesn't make any sense to, but I'll hear from you. Okay. Yes, sir. All right. Um, we bought the property through foreclosure through foreclosure and every was we was told every all parties was notified understand and they had a willing chance to go ahead cuz we looked at per paperwork before we purchased it. Okay. It was all notified and I'm not saying that the answer is going to be no. I'm just saying let's let's table this. How about I'm going to make a motion we table this till next month. Okay. That will give everybody [snorts] a little bit of time to do some due diligence, figure out what happened. It [clears throat] makes no sense for us to do anything right now regarding this. Okay.

Until y'all get that straight. Okay. Um this is this is news news to us cuz I I understand that. Um I and I respect that. It seems to me that um you're a bonafide buyer of the property. Obviously, it's been brought to our attention there may be some issues with that transfer. I'm just gonna out of a total abundance of caution, I think it's prudent for us to just hold off and let that it may get resolved tomorrow.

But I'm going to give y'all a chance to figure that out because if we tell let's just hypothetically speaking, we tell you yes, you can go start doing stuff tomorrow and then we got a a bigger issue at hand for everybody. Um if it deter if it is determined that there is some sort of issue, it would just make the issue bigger. Okay. So, let's just we're going to hold it off for one month and that should give everybody a little bit of time on y'all's side to figure out what's going on. Okay. All right. Okay. Yeah. Cuz we haven't heard nothing. It's the first No, no. That's that that's uh I respect that and that's what I want I want before you put any more time and money into it. Okay.

Um I don't want to tell you you can do anything and then ends up there was some deed issue. Um, and then I also out of total respect for the former property owner, give everybody a chance to make sure nothing's a miss. I mean, that's understandable. If I'm not mistaken, I think we already received the deed and everything from the attorney. Everything's already been Well, no, no, no. I'm not saying that you didn't. I'm just saying that it might have been does that doesn't necessarily mean there wasn't issues with it. And I would just I would feel better and I think the entire board would feel better if we give you all a second to look into that. I mean, that's fine. Okay. So, we'll tell you what till next month and then we'll see where it where it is when it comes back up in February. Okay. Okay.

Yes, ma'am. Absolutely. What's up? Sorry, I didn't see you behind the poll. That's okay. I'm behind the pole. [laughter] If you'll please raise your right hand. Yes. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. All right. And I And my name is Alberta Bellamy. Yes, ma'am. And my property is located on Melson Street. Okay. Uh-huh. And the reason I'm up here is I want to find out from you tonight. If I have to return in 30 days because as long as he doesn't go across the street, I'm going to be fine. So, it's not going to affect me. You see what I'm saying? So, if I don't have to come back to the hearing in 30 days, that will suit me just fine.

Yes, ma'am. [laughter] All really all that's happening is the lot in question will be cut in half so we can build a house on it. And that's all on the across 7th Avenue. Yes, ma'am. It's on the corner. It'll be all the same the lot where it is now at the corner of Melson and 7th. Mhm. On the 4th Avenue, 701 South side of 7th. Mhm. that that's where the lot is and it's not changing anything about the overall parameters. It's just drawing a line down the middle. I'm not against it because it's not going to affect me at all. And if I don't have to come back next month, that would be a plus. Yes, ma'am. Thank you so very much.

Yes, ma'am. All right. Anybody else that would like to say anything? We're going to It's going to come back up next month, so we'll hopefully have some clarification on the other stuff. Um, all right. Anybody else on that one? Are we all good? Okay. So, we'll get notification in the mail. Yeah, I'll notify. We'll send you an email. Okay. Okay. Thank you. All right. Thanks and good luck figuring hopefully easy answer. I will um sir, can I give you my card? Did we vote on the table to vote to take it?

No, we did not. We didn't. Let's make a motion. Yeah, I'll second it. She Leslie. All those in favor. I We didn't I You're welcome. I made the motion and Leslie second it. Yeah. Okay. All right. And then we just all together. Yes, sir. Thank you. All right. G. We'll move on to G. Yeah. All righty.

This is a variance request from the strict application of the city of Conway's UDO section 5.2.3 fences and walls for the property located at 1804 Brown Street. The parcels located at 1804 Brown Street is zoned R2. The parcel has double front on R Street. The applicant is seeking a variance to install a six-foot privacy fence in the double front yard. The applicant's lot is considered non-conforming since it is a non-conforming lot of record. [snorts] Double front lots are not allowed to be created per the UDO. The variance requested a variance to allow a 6ft vinyl fence to be installed in the double front yard at Roo Street. And Miss Swinton is here if you have any questions. [cough and clears throat] We haven't done this before.

If you would please raise paying attention. You just [laughter] want to tell the truth. The whole truth and nothing but the truth. All right. And please state your name for the record. Jamala Swin. And are you the property owner 1804 Brown? I am. Perfect. Okay. Is there anything you would like to add? Pretty straightforward. Um, just when I purchased the property, I think about 19 years ago, I originally had a 6ft privacy fence over time. Of course, um, it was time to put another one up. Okay. Um, did not know at the time that my property is considered a double front. So, I was in the process of putting it up and found out that Okay. And you want to go for six feet. Six feet.

How far is it off of Which street is that? Root street. My property actually goes to Rof Street. How do you know how far the fence the new fence is off of Roo Street? I don't have it. Look, I mean according to that little plain street. I don't know the exact measurement of how far it is. Based off the building beside it on Google Maps, it looks like it is 23 ft. That answered my question.

All right. Does anybody have any questions?

Old devil. I'm glad they can't be made anymore. [laughter] Yeah. All right. Um, this is something we see a good bit. Um, I think especially considering I will I'm going to make a motion that we approve it, but keep it at least 20 ft off of R Street. So, I second that. Okay. We have a second from Miss Hill. All Any further discussion? All right. All those in favor? All opposed? Okay. You're good to go. All right. Thank you. Yes, ma'am. Yes. All right. Lastly, for our very patient people. All right. Cam, we'll hear about H.

Okay. This is a variance request from the strict application of the city of Conway's UDO section 6.5.2 two gateway corridor overlay for the property located at 2050 Highway 501 East, 2451 Highway 501 East, and a PIN number that does not have a principal structure. So, there is not an address. Ory Georgetown Technical College is seeking a variance on three monument signs for the following main the following locations. main campus, the parking and lineman yard, and the property beside Ekklesia Christian Church, which they just recently purchased. The first two parcels are zone institutional, and the third is zone planned development. All three parcels are in the gateway corridor overlay. Monument signs um shall be a maximum of 60 feet and the maximum height shall be 10 feet. [snorts] Uh section 6.5.2 two further states, a property that contains more than one road frontage shall be permitted. An additional monument sign, this additional monument sign shall not front the gateway corridor overlay and shall meet the requirements in section 11.4.6, which is monument signs. The applicant is seeking a variance to install three signs that are 149.2 two square feet area and 8 and 1/2t in height. Um but proposed to set upon a landscape burn that [snorts] is 2 feet in height. Per article 2 definition sign height the vertical distance measured from the lowest adjacent street ground to the top of the sign face or sign structure whichever is greater. This would make the sign height 10 and 1/2 ft. Per article 2 definitions monument sign. A sign in which the

entire bottom of the sign face it is in contact with a solid and continuous structure which is attached [snorts] to the ground and made of brick, stone or other material architecturally compatible with the principal building on the lot for which it pertains. Um based on the definitions in article 2, uh there's not a principal building on the linesman yard um address which would prevent a monument sign on that parcel. The applicants are requesting the following variance, a half foot variance on the height of the signs to allow for an 8 and 1/2t sign without the twoft burm and an 89.2 2 square foot variance on the area of the sign to allow for 149.2 square foot sign and [snorts] um they submitted um revised which I put in you guys' packet revised drawings that were a little easier to see and then um what the sign would look like. See, is there a sign there now?

There's a sign at the [cough] What's that? There's a sign at the roundabout. But um I think it was taken down. The original sign was removed when they did the island. Ah, makes sense. you or your sign. [snorts] The only other sign now is on the corner. Hold on one second. University. Let me do we'll start with someone. Whoever wants to start can hop up here. I just need to that way we know who's saying what so keep a clean record. You swear to tell the truth, the whole truth, and nothing but the truth. I do, sir. All right. And if you'll please state your name for the record and who you're here on behalf of.

Derek Mazingo. Mazingo Wallace Architects. I'm here on behalf of Georgetown Technical College of Dr. Marilyn Ford who's the president. Yes, sir. And Mr. Kevin Brown. Got it. All right. Is there anything that you would like to excuse me would like to add? You're doing a great job, Mr. Chairman. I was chairman of the planning commission of Beach for a long time. So, brings back a lot of horror stories.

We've had the uh I would call this the law school problem night. We've had a lot of them with a lot of things going on. We we think this is an unusual situation. Uh we do have one signed partial. We have one sign requested for three different land partals. This is not owned by one partial. That's owned by that's on three different land partals. And we are we think the sign that we're requesting is in proportions to the signs that currently exist at O Georgetown Technical College. I think there's another sign that I don't know if it's in should been in this package that that you see now at the roundabout near the entrance into coastal Carolina. Okay.

And this sign is in proportion for scale and context. This sign is slightly larger. It's been enhanced with some color background specialy lighting which will enhance it even more at night. We're asking for a very small variance with respect to physical size. uh foot 6 inches in height um two and a half if you consider a burn and then about 80 something square feet in physical size. Um as you just might say this is kind of situation where one shoe doesn't fit all conditions. As you can see the the severity of the extensive area of the campus and I like to walk over here so I can show you the scale of what we're asking for in relationship to the campus. This small red dot here is the physical size of the sign which is approximately 20 ft long and 8 and a half ft tall. The other sign is there and the third sign which is way down the road here.

Okay. The college on the west side is will be redeveloping that partial will be redeveloping time new buildings that they own now. Okay. So trying to create a established identity for the college. It's important that anybody going along a 501 corridor, you know, they zip through there pretty quickly. Now, there's no there's going to be little or no opportunity to be able to turn like you can now, it's going to be right in or right outs only. So, if you don't see a college, you know, ideally when you're sitting at that stoplight and the sign, if if you're trying to find the college, you're probably going to miss it. So, the at the sign at the roundabout, I got it on Google Street View right now. Do do you know the square footage of that one off top?

I do not know. That's an old old sign that's been there for gosh forever back in the 60s probably. Talking about you talking about the brick sign, right? No, I'm talking about the the one that looks kind of like Oh. Oh, that's the sign I was referencing earlier. Yeah. Yeah. That's identical to the same size we're asking here for. It's about 20 ft long and about six or eight feet tall. About 8t tall. Okay. Yeah. That's kind of a iconic um image for the college. the HCC. Um, and that's kind of how the How long's that one been there? That that has actually been there. It has to be 15 years.

Yeah. I tried to find a permit, but I couldn't find one. So, um, it may have been. Okay. That doesn't look bad. Um I don't believe we were annexed in the city at that time. Yeah, we definitely were. Right. Yeah. Okay. Um All right. Yeah, we had one of these recently where it was a park.

Yeah, we were talking about the overall square footage. If it was, let's say this was a shopping center and every different department was a tenant, the sign could be real big. Am I wrong? But it's not a shopping center. Oh, I know. I'm just [laughter] I get that. But it's huge. Um [snorts] it's a campus with a lots of buildings on it. Yeah. I think 57 acres to be exact is the physical size. So I mean you can't

you can't have a a an entity this big and have one little tiny son. Yeah. That that's kind of what I was getting. is. Yeah. Um and I think we allowed something on the other end for Coastal. But didn't we do something with Conway Hospital? Yeah, it was. It was Conway Hospital. The same same argument. Yeah. But I think some we did something with Coastal in there. We did the new practice facility practice out multiple signs.

Is there a precedent for signage on a parcel with no building? No address. It can't be done it because we only address vacant uh we don't address vacant parcels only parcels with a structure principal structure that will take yeah the existing sound at the roundabout is actually 8 ft by 20 ft which is almost identical to the size of what we're proposing here. Yeah. What? Um,

you're talking about the one where the the lineman is. Is there any build on it? No, it's a parking lot and a linesman yard. So, would they be able to put apartments on it? No, because it wouldn't be addressed and we have to have an address to tie it to and it has to have a principal structure to have an address. feels like beyond our shirt. So that but so for pin 383 000000132 which is the parking and ling yard. No matter what we say they can't put us on there right now anyway, right? Okay.

No matter what we say. Interesting. Um Would that come back to us? I don't think it would. If a principal structure was built on the property, it would.

But if if they didn't ever build one and wanted to put this sign there with that kind of would they need a variance to put it there with nothing else there? They just like where where would it [snorts] go? They get told no, they can't put it there. And then like do we know where where would that end up? Would that end up in front of us? Um I don't even Well, it would need an address for 911 purposes. And without Okay. Well, so really what would be the purpose in having the address if there's not a structure for the permit,

but I mean you said for 911. Well, GIS assigns addresses and there are 911 addresses. Yeah. And that ties the pen and the address together. So if 911 were called, they would know where to go. So you can't give an address to the parking lot? No, we don't address So 911 couldn't go there if they had an accident on that pole yard. I mean, they could. It's just not addressed. We don't address vacant parcels, right? And they can't get addressed. And if they don't have an address, Yeah. they can't get a permit. I I do see that.

[clears throat] was just kind of I mean I guess at the current juncture for that particular pin it makes the whole point move for us right am I we don't need to decide on that one that's so it's not well that's not even really a variance request is it that's yeah that's Yes, it's technically three requests because there's three pend just not three addresses. Oh, does anybody else have any

questions, comments, or concerns for now? So, it's really a two and a half foot variance request, right? Well, it's two and a half foot for height. for height, but it's a whole bunch of feet for so 80 something square feet on in keeping with what's already at the roundabout. So it's exactly the same. Yeah. As far as square footage is what we dealt with hospital, which obviously

what goes on inside the walls of that building are different than a hospital, but in general considering the same areas So that's when we said like if the birth center and ortho and ER were all its own thing then it would the sign could be there. That's why I said the point. All right. Is there anybody else here for or against this very interest? [laughter] All right. I want to make a motion that we close public input. Great. All right. All those in favor.

All those opposed. Okay. Marsh yell at me as hard as a hand. Um I don't think we need to do anything on the pin where the parking alignment yard is. They can't build a sign no matter what we say. So I don't think it makes sense at this juncture for us to say anything. Right. And I can look further into it, but um it's a GIS department issue. It's not a Okay. zoning. Yeah. Now I want So yeah. Yeah. It's like you had to say no later, right?

I think it's the cart before the horse and then they can't get a permit. Right. Right. Yeah. Um Anybody else want I mean I think the suns I think it's better for the suns to be uniform. I agree. I agree. And I think this is what we talked about with common hospital where the size of the building. It kind of puts it in a weird spot. Um cuz like I said, you can't have the small sign for [clears throat] this huge huge building.

Well, I think talking about detriment like I think a little sign would it would make no sense to put a sign there was 60 square feet. Right. Right. You wouldn't be able to see it. No. And I just I mean looking at the other one that this would match it. I mean it's a nice design. I don't think it's not gy. Right. Um, obviously that part of it is not what we're talking about. I think it's important to consider anecdotally. I don't think the height the the burm is a problem because that property on either side of 501 sits lower than the road. So you almost have to have it built up. It does or you wouldn't be able to

well the is the now the grade is measured from the lowest road surface surface grade is that right from the so it is measured from the road but it might not be measured from 501 it's probably measured from university would be my guess but that I do not know this if it's measured from the 501 we're probably well within the ordinance for height for height I would think so because we are counting a hole Yeah. University. Um Yeah.

All right. So, um at this point, I think we're just not I don't know if it if what you need me to say on the one for the parking and lineman yard. I guess we're tableabling it indefinitely. Tabling it forever. Yeah, you could table it. I couldn't. Listen, I'll make a motion that we table the parking and lineman yard pin number um until such time. It's actually germanine to what we're talking about. Second. All right, we have a second for Mr. Hagen. All those in favor. All those opposed. All right, so now let's talk about two pretty much identical. The signs are identical, right? Yes. Okay.

I didn't I didn't mention this, but the signs are double faced, too. Okay. So, makes not that on the presentation, but just for the board sake. You mentioned the lighting. There's no issue with the lighting or anything there from a appearance standpoint. No, as long as it has um at night, the dark background with the white letters. Okay. Oh, I'll make a motion that we approve. Second. We have a motion from Miss Hill, second from Mr. Hagen. Any discussion from the board? All right. All those in favor? I.

All those opposed. All right. Motion. The variance for pin 383000000377 which is main campus is approved. The variance request for 3831130000004. The new acquisition beside, how do you say that? Ecclesia, you know how you say it? Beside Ecclesia Church, that one is also approved. And the one for pin number 383000000132 is tabled as it is not right for us to discuss.

We'll see you in about 3 years on. Yeah. Right. [laughter] I didn't want to say yes or no. And then we're back with an already legal non-conforming lot. And then we then we got Can we appreciate this young lady going to research it a little bit more? Yeah. Can I can I ask a question, Mr. Chairman? Yes, sir. If we chose Hold on. Or do you want it on the record? It's fine. Our record's fine. If we chose to come back and take the parcel that you have tabled and move this sign inbound to the other side of univers to the boulevard there, you'd have two signs on one partial. Yeah, that probably wouldn't go. That I was going to ask if that would you could have if you have

if that would allow a a variance acceptance on that location. Yeah, I without looking into it, [laughter] right? I think it would be allowed to have to um and then at that point I would imagine because this might fix the problem and not have to wait stuff from the property line, but I don't think it'd be very far. I was thinking that would probably discuss that with with Miss Wilson. Okay. over the next however long then because I I just don't have it in front of me to know and I don't want to tell you something wrong. I was thinking we were restricted to one sign per partial land part.

No. If it's a um contains double road frontage uh two shall be permitted um as long as the second one does not front the gateway corridor overlay. We are we are gateway core overlay but is the side the sides against university? Well, he's talking about it's it's actually the other side. Take it from the line and across victory lane. Yeah, just move it to the other side of victory. That I don't think would work without a variance. Yeah, right. That's where I'm going with. Yeah. And without having I don't know how we feel. Um

you do one at each end, right? [clears throat] which is still a very long distance, but I'm assuming it's the same partial. Yeah. Parcel. Yeah. Obviously with this corridor and as the city acquires land moving down 501, it's unique. Everything out there is unique because a lot of the lots are huge. The buildings are unique. Very unique. Um, so it obviously presents us with a lot of hurdles to try to meander through over I guess you would go over a hurdle. Um, yeah, because that's

Yeah, I would just let's look in I mean look into that. I'm not I'm not comfortable giving a full without it being without having read it. But you didn't say that. Yeah. [laughter] Um, all right. Who wants to do the honors? Oh, I will make a motion that we adjourn. I will second. All right, we got a motion. Second. All right. Is this the longest meeting we've ever had? Longest one I've chaired.