Board of Zoning Appeals - Regular Meeting

good evening ladies and gentlemen and welcome to the town of Lexington board of zoning appeals meeting this board is comprised of town citizens we are appointed by Town Council and we serve with no pay we are a legal board operating under the comprehensive planning Act of the state of South Carolina and although this meeting may seem not seem as formal as a hearing in court all statements must still be true factual and not made in a manner to mislead us please understand that we must make our decisions within the parameters of state law and state law requires us to Grant a variance if and only if we find each of the following four statements are true number one there are extraordinary and exceptional conditions pertaining to a particular piece of property in question because of its size shape or topography number two these conditions do not generally apply to other property in the vicinity number three because these conditions because of these conditions the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably unreasonably restrict the utilization of the property number four the authorization of the variants will not be of any substantial detriment to adjacent property or the public good and the character of the district will not be harmed by granting the variance moreover state law prohibits us from granting a variance simply because the property could be used more profitably if the variant were granted we are not concerned with the use of the property the use of the property is the determined by others we ask that we you confine your remarks to the issues at hand should we make a decision you believe to be incorrect you may appeal our decision to the circuit court within a certain amount of time with certain time limits provided by the state law in cases such as that an appeal is made it is important that the Circuit Court knows who testified at this meeting so please sign in the sign signin sheet and identify yourself before

speaking I'm going make make me use my gabble because somebody's phone's ringing welcome ladies and gentlemen glad you're here this evening uh like to hear from staff on our first item please all right variance number 20 25-2 um from the signed ordinance at 325 South Lake Drive 325 South Lake LLC has submitted a request for a variance from the town of Lexington sign ordinance to permit the construction of a new monument sign within the site visit ibility triangle at 325 South Lake Drive the applicant is currently renovating an existing apartment complex at this location and plans to install a new monument sign as part of the renovations the proposed sign will be relocated from the original sign location due to its non-conformity and placement within the rway the new sign location is in a designated curve area and complies with the required sign setback however the proposed location will encroach upon the site visibility triangle okay any questions for staff at this point okay like hear from the applicant please evening members of the board Mr chairman your name please rob mallister thank you rob absolutely um wow Rob I didn't even recognize you I know it's been a long time since you been in the Gloom good to see you nice to see you sir um so we uh acquired the apartments at 320 South Lake in April of last year um we have been going through a very substantial renovation of all the units in there um close to a million dollars of investment uh which is uh we're excited to be able to bring to the town of Lexington um part of our marketing plan has been to uh install a brand new sign Monument sign on the property that's going to be uh benefiting for

marketing purposes but not only that it'll be a u prominent U place for people to identify uh for mer purposes the address of the the property for them to be able to see um how to enter and and and exit the property appropriately um prior sign like uh Miss Li said was actually in the right of way um and so we're relocating it to be out of the the right of way um and so we'd love uh you guys take a look at our application favorably uh colite Industries is our contractor and so um if you have any specific questions I'll uh I'll ask Arena to come up and answer so about how far is this sign going to be away from the edge of the pavement I'm going to defer to Arena CU here the I'm sorry for the plan submitted it looks like it's 17 and 1/2 ft from edge of pavement so that's the the leading Edge towards the road is 17 1/2 ft away from the road to this to to where the sign begins yes okay please identify yourself for the record Reena Stevens and I'm representing colide sign manufacturer thank you so 172 ft yes that's what the site plan shows okay so one question that I I drove by there on the way here I'm a visual person there's a temporary sign that's in place currently is that the approximate location of where the permanent sign would be located no it is not okay can you tell me can you tell me the positioning relevant to where the temporary sign is right now just for me to okay temporary sign will be removed and then once you drive a little bit down there is a driveway and you as you come to the

driveway to the right there is a little curb area that is designated for the sign and that's where we're going to put the okay but there's a sign in that curb area currently correct yes there was a sign there is a you're absolutely right they just installed that actually this week I'm so sorry that is a brand new thing they put there as part of the marketing effort so yes it's a temporary sign that's in that space right now there's two of them there now no there's one in the original position of the old sign and then there's a second sign that's like a it's on 4x4 post it looks to be a vinyl sign of some kind yeah it looks it very temporary it looks to be temporary but my question is the one that's inside those the curb is that going to be the placement of where you are request in for the permanent sign location that's correct yeah within the curving area yes ma'am that's right okay not not further closer to the road not okay okay and and just speaking to that sign that was a banner was a temporary we were told that it's a temporary Banner that they were installing the marketing the property management company it was for sure temporary I mean you could tell it was a temporary we're just using it as you know I'm just using it as a visual reference to to kind of gauge yes ma'am sorry I didn't realize that was installed no no worries evidently the staff didn't either we'll make a note about that one um so looking at that sign that's there if that's the placement of it that one Dawn too is looks like it's it's probably taller than what they're proposing it did look to be I mean cuz cuz it was 2 feet the banner was 2 feet above you could see under underneath yeah about 2 ft but I think that I mean if I'm reading if I'm reading all of the measurements correctly it looked to me like there's going to be kind of a foundation that is about 2 feet that the sign would sit on top of the permanent

sign is that right I mean the sign the overall height from grade will be 5 ft from the ground up that's what I was up so it's probably approximate to what it would be and the sign itself Jessica the sign itself meets meets requirements the only problem um where it does not is the site visibility triangle issue if I may speak to that point you know I think the the case that we we were wanting to present was the fact that our property is 17 ft off of the actual road which you know when you're talking about sight triangles the actual erress of the the property people are not going to be inhibited in seeing what's coming and going when they're exiting the property or coming in by the sun cuz it's it's set very far off of the road itself see and that's where I'm having difficulty CU what's presented to us and what I'm looking at here and that's what I'm trying that's the thing I was saying to you guys I'm seeing they and and I'm this drawing that you have submitted is showing the Leading Edge and what I'm calling the Leading Edge is what's closest to the road is 5 ft from the property line my board members I I there's there's no sidewalk on that side but where is what I'm trying to figure out is where's the road as opposed to the property line 33 33 ft to the center line from the property line so from this per the site plan the property line is 12 and 1/2 ft from the edge of pavement give or take okay so that's page four gives a visual as to yes where the edge up yeah she's talking one is yeah and that's what I'm I'm looking at the

combination of the three and especially in the photograph that's shown here see when you look at the poles I'm sorry couple feet outside the pavement so see when you're looking at this here there's the 5T from the front edge of the sign to where the curbing stops and then there's another 17 ft to the road to the road yeah except for one of the curbing stops 17t no this this one here I mean this is the 5T here and then there's 17 ft from here to where the road is and this is what I was looking at your whole so there'd have to be so you've got I don't 12 and half another five so you've got your so the kit all right so Justin and I were just saying and if you look at this drawing yes they're showing it's showing 12 1/2 ft from the property line to where this power pole is we so so you know that's not in the middle of the road I hope no you as you can visually tell it's 12 and 1/2 here and then another 5T back so now we're at that close to 18 ft cuz my concern was looking at this I didn't see that in the plan that there was 5 ft from the front Leading Edge of the sign at the curb cut and any car that was made prior to you know whenever when the hoods were that long you can't see past the end of the hood to see past the sign because I'm just concerned that coming down that Hill many of us has driven on it that that might be a traffic or safety issue yeah to take a left out of there am I right am I reading that right I'm looking at you am I understanding that correctly that it's from the side of the road we're 17 and a half something feet Yes from the edge of pavement yes but the side triangle requires it at be 17t the side triangle says to start at the property line uh okay not the edge

of the road okay all right as I drove past it it appeared that your entire vehicle would be in front of the sign before you so you had full visibility to make your turn yes ma'am is that a correct that's correct yes ma'am is that the intent that's the intent absolutely okay um I have a question um whoever is doing the sign could you please step up approximately what is this distance here from the back of the sign to the to the Inside Edge of the curb approximately approximately I'm thinking at this is that this number here is this 2 feet Yes approximately have to yes okay that's estimation my okay thank you I know we're looking at this and saying first off does anybody have any other questions for the applicants no does anybody here again speaking against this Ordinance one way or the other just hang we're going to talk now y'all can sit down if you're awkwardly uncomfortable or ion I'm not that guy my concern I get the 17 and 1 12 ft right but the reason the RightWay is there CU if the road has to expand they have to put another Lane in we give this variance there's the real possibility that some of that 12 and a half feet goes away so I'm I'm not opposed to doing it but I still feel like it should be as far personally I feel like it should be as far back as we can get it into that Island for the thought cuz that is is that what is that road designated Jessica or do you know it is part of the preservation Corridor um let me double check but I'm pretty sure it is and for my knowledge that means that it would not be allowed to be widened or

what do mean exactly when if they redevelop there would be a 20 foot buffer and a 30 foot it changes it it has different development standard to preserve in case we do I'm with you eventually expand that road okay that makes sense you seem to be deep in thought deep in listening Ron I I don't see a problem with it at this this point uh you know if can we add a caveat that if the road is wide and the sign will have to move that would be my question you can you you are able to put conditions upon variance okay that was my question okay does anyone have a motion I don't like doing it you we're could to work on that we are I don't like I don't like reading all that fumble my way through it yeah I got you got it you got it already go for go no you go ahead I'll get the next one rock paper scissors all right you sit up here and see the daunting task of this little blue piece of paper you don't understand yeah all right so I'd like to make a motion to approve variance 20252 um based on the following findings they're extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size shape or topography it being that the road ride away or the the town owned County owned Road right away kind of limits their ability to to put a sign near the road uh the conditions generally do not generally apply to other property in the vicinity because lack of Green Space lack of green space in other

places um because of these conditions the particular ordinance or the application of this particular ordinance to the piece of property would effect would effectively prohibit or unreasonably restrict the utilization of the property um because it wouldn't be you wouldn't be able to put a sign near the road so that people could actually see where the entrance and exit was of the property the author authorization of a variance will not be a substantial detriment to the adjacent property of the public goods and the character of the district will not be harmed by the granting of the variants because this signage looks much better than the old signage that was there on this particular piece of property it's an upgrade um the curbing appears to be a little safer around the sign and it does not impact truly the visual sight lines I would like to make all this conditional upon if the road is ever widened that the sign does have to come down to be moved into compliance yes okay roll call vote please well you need a second second oh second I'm sorry I got toe of myself can I have a second second thank you it's been two months I forgot roll call vote please Don yes to the motion yes to the motion yes to the motion yes to the motion you have your variance thank you very much you're welcome now Rob just come here for a second cuz I hadn't seen you in forever yeah I'll get out there again I actually worked out on Tuesday about three years it's very nice to see you sir we'll see you soon all right all right next variance all right variance 20253 is a variance request from the building setback requirements at 4295 Sunset Boulevard Chick-fil-A Inc has submitted a request for a variance from the town of Lexington setback ordinance to

install a dual Lane outdoor canopy over the drivethru at 4295 Sunset Boulevard to construct the Dual Lane outdoor canopy the structure must comply with the current setback requirements of 30 ft from the front property line the applicant is requesting a variance to allow the covered porch to be set back or the covered um awning to be set back 21.1 ft from the property line I have a question and I know I'm getting ahead of myself yes just for clarification I know there are two there are we're going to handle them separately and that's because um we want to keep them SE they're two different requests so for recordkeeping purposes um one the applicant requested to keep them separate and two we prefer to keep them separate um for our files as well that's fine just under this the first time I've seen it something like this the building setback is in relation to the canopy and the buffer the the next request is in relation to the curbing for the driveth through so it is technically two separate issues okay applicant would like to speak hello good evening my name is Paul Lawler I'm with Bowman Consulting Group we the engineer working with Chick-fil-A on this project um also have some Chick-fil-A Representatives here um program lead and development manager name yeah they have the F their pleasure to be here um I I do have some some updated site plans um if if it's accepable to present those sure sure make sure you give one to Jessica too thank or as well let me use better let me use my words better thank you see that's here now you can see um and just just to clarify there were no changes to the variance request

itself so so no adjustments to the dimensions or designs for the variants just our latest and greatest site plan that we we want to make sure is implemented in in the uh the presentation tonight so um thanks s for for giving that overview um really just kind of wanted to touch on the project as a whole um highlight some of the existing conditions on the site uh the proposed improvements um and then obviously the the uh building setback requests that we're here tonight for so the current uh Chick-fil-A um is everyone familiar with with the strick Fil-A um so the current drive-through configuration is a two-lane at the order point so the order canopy and then it tapers down to a a single Lane as you go around the building um stays one lane through the the meal delivery point and continues as one lane to the exit point so um that is is kind of what the main reason for the project is we're looking to um Implement a a two-lane drive-through facility through the entire drive-through area um it would taper down to one lane after the meal delivery point as shown on on the site plan um and some other existing conditions just to highlight um there is a a sign parcel that is up near the intersection so there's an existing large sign that is for the the overall development interior down down jinny Lane um and and that is on a separate Parcels so as shown on the site plan there's there's kind of a 90° angle that cuts into the property um the the other condition that's that's interesting to the site is the Sunset Boulevard 378 rideway there um and it is angled um and then we have a a a building angled as well and then the parking um is at a separate angle so we're kind of working with three

separate angles on this on this site that are kind of creating some some pinch points interior of of the development um so to discuss the the proposed improvements the two drive-thru Lane improvements um with this project um one of the new standards within Chick-fil-A is to implement uh team team member safety zones so we have some striping shown on the site plan um as as youall are probably aware their team members continuously taking orders walking through the drive-through facility delivering s um so as part of the the new standards that we've been implementing on sites um it is a a twft wide striped area on the inside for team members to to walk up and down and then also a a 3ot wide striped area between the two lanes um so that is implemented on this project um we have drive-thru Lanes 9 ft in width uh the standard for Chick-fil-A is is 10 feet plus um 9 fet is absolute minimum so we decreased our our drive-through Lane as much as we can to to limit impacts uh on the north side of this site um and then a couple other items the Sunset Boulevard um there is there is a large grade difference um probably about four to 5 feet between Sunset Boulevard and the drive-through facility um so just want to keep that in mind as as we're discussing this this widened drive-through area um and then they um also the the screening uh screen walls that are along the drive-through facility uh that are currently there um they brick um screen walls that are currently in place at the edge of edge of uh curb and we will be uh looking to

replace those as we widen the drive-through facility working with staff through the plan review process to um design all of that and and improve the the buffer area there so the the the first variance request is the building setback um it's it's a 30t setback from the Sunset Boulevard right away uh we do have a an encroachment for the um the meal delivery canopy so at the meal delivery area there's a proposed canopy and that encroachment in the setback is 8.9 ft um and it is on the Eastern portion of the canopy and then it kind of tapers down um that's what's shown in in that exhibit right there that that that red area is the um is the encroachment area so the max is 8.9 ft but then it tapers down um so our our request is um a variance for reducing that that setback in in that area so testing on his engineering skills and tell if you can tell me what the actual like amount of space is in that triangle no no I can't we actually have that on the plan C C I might have it in my nose 282 sareet I don't know those numbers I know other numbers this is why I'm an Industrial Engineer not this kind of engineer I just can count like this this is why I'm a bean counter I work with mechanical engineers but you know anything else we need to know um I'm happy happy to answer any questions or just one General and I don't know if this really pertains is the first one the the awning I'm this is the awning only not the Cur so if I had questions kind of about traffic pattern that would be more on the second one yeah okay I'll hold yep um you brought up the

um this I forget how you referred to it the the Brick can the out on the outside I forget how you the brick wall the brick wall thank you yeah that's I want a little bit of clarification is that being rebuilt in a similar fashion I mean another brick wall of some other fashion or or is that outside of our scope it I mean it is outside of your scope but just so that you're aware I believe that that was a requirement during the initial development because um architectur and appearance standards state that the if you have a driveway along um a roadway or drive-thru along a roadway you have to do enhanced landscaping and screening to include walls or BMS to try to screen that from the roadway so so that is being covered we don't need to be concerned with that no but I think you intend to replace that yeah talking with the team we we do intend to replace that feature okay and currently on that site I never go through that drive-thru because it's not any fun um truth um because of the grade differentiation is there any type is it just a standard curb current ly or is there any kind of retaining wall for that how it's developed currently so there is not a retaining wall currently it's it's just the the Brick screen wall um okay um if this if we give this variance and you go to the second lane speaking as a professional which I don't know geotechnical are you going to have to have any type of retaining wall or will a standard curb work at the side of where this drive this new Drive will be in place yeah so we we're likely going to be looking at at portions of a retaining wall along the expanded curb um probably in in the northeast corner that's where where our grade difference is the most kind of where we have the um the the next case the landscape buer encouragment but we are anticipating

that other questions no I have none nope good okay anyone thank you anyone here to speak against this variance request all right can I can I ask a question of course you can so I here's the thing I feel like in my brain that we might be getting the cart before the horse because if we don't agree for a dual Lane why would they need the Dual canopies does that make sense that does make sense and that's my fault for putting it on the agenda the way that I did but I mean all right so can I make a suggestion can we can we table this for a moment and do number rest number two do number three three yes and you don't we're not going to make you say it over again okay all right let's so let's do number three really quick okay good call Don yes very good call all right so variance 20254 V Chick-fil-A Inc has submitted a request for a variance from the town of Lexington setback ordinance wait buffer ordinance to install a dual Lane um drivethru at 4295 Sunset Boulevard to construct that U the drive-through must comply with the current preservation Corridor buffer requirements which mandates that a 20ft buffer area must be maintained from the front property line the applicant is requesting the variance to allow the drive-thru pavement and curving to encroach 1.4 ft into the buffer area so I do have one question with regards to this um how okay so as it currently is it it tapers down I call it the right hand corner the

the top you know and then of course you go to the window and it's it's one lane so we're going to we're going to widen that but it's still going to filter into the one lane as it dumps back into the parking lot is that correct yeah so as you as you come around the the northwest corner of the building the other side kind of towards Jenny it will taper down into one lane okay um as it enters the the parking area yes is this I mean I know that it's it it's probably you know business process improvements and whatnot but my concern is for the traffic flow um you know that's a pretty crazy intersection um in my mind it would improve that just because you've got dual Lanes all the way around the building um is has qu of the way around you wouldn't have as much backup right well I mean not to who knows on any given day but depending upon the lead driver exiting from the parking lot I'm not going to be unrealistic to say what this is going to do to me person first you want to hear him talk about this or we want to go ahead and just move forward I didn't know I guess my only question and and I just can't remember so where you exit right there after you come through the drive-thru is that also an entrance point no no it is not exit only exit only exit right right only right only nobody like so nobody coming up to the light from Jenny Lane can turn right into the parking lot right there is that correct not if they don't not unless they're not paying attention yeah okay someone can come into the parking lot if they're coming from the direction of Chili's or the uh Urgent Care they can make a right turn and can they not it's a ride out only write out only okay

but they could leave the drive-thru and go straight and exit out the back of the parking lot I I do want to note that we have had a pre-development meeting on this project prior to this and our transportation engineer director Randy Edwards has reviewed this um and he has provided comments on you know and reviewed it for traffic flow reasons so he anything we need to hear he has no concerns and if he does he'll make sure it's addressed but I don't think it will affect that right out from my understanding um I know that they were asked to evaluate that at the pre-development meeting um but I know that they had discussions with Randy also because of the future Transportation improvements with sunset split that are going to be taking place um that that he is taken into consideration as well that would you just you just took off my next question and honestly the other thing thinking about I'm more concerned about loading two lanes of traffic because I've personally seen it's cha to the way people are fighting to get into your business congratulations um they go up they go They're going past the Turnin they're going around the roundabout cutting around because it backs up to get in the Drive-Thru thus it backs up all the way to Jenny Lane yeah and so if this little whatever we if this helps agree I think so yeah there are improvements to widen the entrance to the drive-thru to two lanes as well excellent good excellent okay so do you I guess we should allow you do you would you like to speak to this one as thoroughly as you did the last one yeah um I I think really the the the thing to highlight is a 1.4 foot encroachment in the landscape buffer it's just on that northeast corner um so

max area or max depth of encroachment is 1.4 18 in um square footage is 24 ft so um again we'll have the grade difference in that area probably a retaining wall uh we'll work with staff through the the buffering plan um make sure that street yards and Street plantings are reincorporated if anything is taken out um and and look at those the screen walls [Music] okay good okay so for recordkeeping purposes yes ma'am we'll do a vote on two then three is that cool that's fine but I thought we were three the evaluating three first the curbing sorry you're right right you you're hurting my brain yeah late question for staff so you mentioned Sunset split is there anything coming with that that would impact this request no Randy is already evaluated okay just making sure evaluated all of that okay and I'm glad that we do have that on record all right do I have a uh motion for do we want to discuss you want ourselves first sorry I thought to discuss sorry I'm getting hungry I I think can benefit yeah dual Lane I yeah keep back up keep of the streets and and to Dawn's good point we got to figure out this one first because if we don't give this one I can't even talk about the canopy right yeah they don't have two lanes there's no need for a double canopy unless they just want to hang out yeah okay yeah want to give it a go don I really don't I'll do it next time I've heard that before I know you'll probably hear it again if I'm being honest we have to give me some new people here what's the variant this is variance

uh 3 this is 2 20254 yes 20254 all right so we're doing that one first okay okay I'd like to make a motion to approve variants 2025-the with the grade differentiation from Highway 378 to the property number two the conditions do not generally apply to other properties in the any due to the um sign the monument sign placement the diagonal or the angled placement of the property line and the building structure number three because these conditions of these conditions the application of the ordinance would particularly on this particular piece of pro property would effectively prohibited without this is a necessary variance due due to expansion of the drive-thru to create a better traffic flow and the authorization of the variance will not be a substantial detriment of the of the area or the public good due to the fact that the variance itself is such a small area it will not be impactful to any other businesses in the area I did it on the Fly I like it second I you're out of order do I have a second second roll call vote roll call we yes to the motion Ron fer yes to the motion fight yes to the motion Justin Brown yes to the motion all right you got your

24 square feet of curb now let's see if we do the other one in in insert suspenseful music all right there's no point in you coming back up here I think we're good and if we have a question we'll call you back up so talking about this is 2025 D3 right correct all right I wrote it wrong what do youall think makes sense to me I mean is there any you got heartburn over any of it I do not and and Don just to reiterate your point if we've got two lanes coming in into the drivethru to begin with two lanes through the ordering process two lanes through the delivery process if somebody's slow getting out it's going to back up I mean but we've also doubled from the order place back and you know I don't know that it's going to be an improvement will it fix the problem completely I haven't seen a chickf yet that runs right no offense as far as the drive-thru goes it's a great problem to have actually I think it's very efficient I mean I am in and out very quickly I didn't check away you're very welcome yeah but is she a gold member Point person like me with my app and no I already am and I and I and I comp and I compare you to all the other Chick-fil-A that I eat in most every week across the state so anyway yeah I'm not concerned about the awnings given the topography I mean you know the one question that I had previously but in thinking about it cuz that that is my local Chick-fil-A um you know because 378 that's up higher you know so you got this variance no I mean

I do but no Justin put your glasses on so I didn't know if you had you wanted to well I was just looking so how much how much setback from the road will you still have cuz I know you've got 30 ft well you're wanting to get to like a what 21 is foot setback from the property line but then there's extra property that the town or excuse me the county has the do has I'm sorry yeah so from the the proposed edge of the canopy um the Eastern that back the back corner where we have the 8 8.9 encroachment from that point to the back of curb along Sunset Boulevard is 42 ft okay so a great deal of space yeah yeah and still not inside the landscape buffer either even with the canopy extension you still be okay so that still leaves 20 ft to the property line eily now there any concerns I don't just thinking of maybe this is outside of my scope I is there any concerns in the event of protecting staff is there something anything there going to slow a car down if it comes over that Hill I mean if you got I know you've got retaining wall area that you're talking about but and it like I said this may be outside of scope I'm just that would be my only concern somebody comes around and comes down that 42 ft into your driveth through Drive God forbid but I don't know if that's something yeah I mean it's it's something that if if we're talking about a large retaining wall um several feet in height then then there are requirements on on the high side of that to incorporate some sort of fence or barrier I just respect I respect your employees that stand out like weather like a mailman you know rain snow or whatever so I just want to make sure they're safe yeah and and we are planning the the screen wall which will

help that situation too all right I would like to make a motion to approve variance 202 24-3 for the following reasons number one I'm not going to read this the questions yall know what they are due to location AB buding the the and that is a preservation dist hold on I'm stopping that is a preservation Corridor due to the fact that the property is AB buding a preservation Corridor and the fact that Highway 378 is part of that it's unlikely that the highway will ever the road will ever be expanded so the loss of that 8 ft is not going to affect any future development of Highway 378 because of the um second condition because the parcel of the parcel shape is being affected by the monument sign located on the far corner of the site U this does not apply to any other property in the vicinity number three with the variance traffic issues will continue without the variance the traffic conditions would continue to be hazardous during Peak meal times and business times and finally number four the slight variance requested will not only improve the character of The District it'll be a positive impact to traffic FL flow in the area do I have a second second roll call vote please roll call Don we yes to the motion Ron yes to the motion yes to the motion yes to the motion you have both of your variances we'll see you Saturday morning at 7 all righty so now you guys have had a lesson in how this works don't screw this up well Mike was here last month or a month or so ago so so I need to

apologize to him it is my fault no no okay but this one okay you're good all right he takes it all back then it's not my fault it she did it two applicants but they're all gone now so no I'm just kidding well you should have told me I would have apologized cuz it was a Miss I told her I could be here and could not it's okay all right you ready for 2025 yes let's do it all right ECP CS2 LLC has submitted a request for a variance from the town of lexingon setback ordinance to construct a warehouse Edition at 117 pway the existing structure is a legal non-conforming building with a setback of 15 ft from the side property line in order to construct the proposed addition the building must comply with current setback requirements which mandate a 30ft setback from the side property line the applicant is requesting a variance to allow the addition to to maintain the same 15t setback as the existing structure thereby Alig aligning with the current building okay like to hear from the applicant my name is Mike Ray with HP engineering uh represent applicant today basically 117 Pride's way was built back in 2012 2013 at that time it me the current the zoning that was in place then with the 15 foot setback since then the codes have changed I think a couple of times and now22 they're changed 2022 now in that industrial Zone requires a 30ft setback basically the building essentially what we're proposing is a 25t addition to the back of the building okay um Step could you give me a a

definition for the record of what a legal non-conformity is it's a building that was constructed under previous zoning codes and met the codes at that time or either was annexed in prior to or after it was constructed and the building legally exists in a non-conforming state so for layman's terms it was grandfathered essentially yes okay thank you um have there been who are you on the looking at the site plan and I'm I'm looking at it like this with the banner on the side looking at it who are your neighbors it's all it's all industrial and if you look at most of the other most of the other there's another building okay so it's like it's probably 10 feet off the line but but you have there is a another business of some sort on this property on this side have you had any complaints or anything from no one no one reached out after the Public Notices were mailed and posted on site and okay um wait a second anybody have questions for the applicant uh no because you asked what I was going to I'm sorry you should have told me it's okay I like the sound of my voice but I like yours I know you do okay discussion I think I'm good and you did say the the property to the West uh that the building is how far off the line of approximately I'd say probably about 10 ft okay that's back when these these Lots were developed that was in general they put them 10 ft off the these are not I believe that the industrial zone is really more intended for bigger structures than this these are small 5,000 square 5 to 6,000 foot warehouses Y and is there I can't tell I

see is that Ron is this is this property line or is that so who is to the North or would be at your back door but or I guess it's your side door looking at this property that's um a a detention Pond behind a detention Pond are you talking about like this I'm talking about where he's got the concrete details here oh sorry in this area is there a neighbor back that way as well it's it's another industrial user okay yeah this this whole area is nothing it's inline properties so it's all inline Paving I me they're a Paving Company but it's all industrial warehousing type uses it's okay so to that point it's a w it's it's Warehouse will there be trucks that I mean this might be a dumb question my apologies if it is but will there be trucks that will be entering will this be an access point for like large trucks or anything in the back of the building nothing more than it's just more space for them to store it's an electrical contractor he's he gets you know box trucks and gotcha yeah but there's no I don't Don I'm looking at the plans I don't see any driveway that that accesses the back of the building no sir it's not a loading area add any more doors it's just it's just just more push back push pushing the wall back to for more stor and from an architectural standpoint I'm assuming that doesn't apply in the industrial zoning so it could be a different color it doesn't matter not it's outside of our scope I understand that hope that the owner would not do a different color but um yeah we I mean we don't we don't look at it for architectural standards in the industrial Zone okay our friends trying to get away from the podium does anybody questions for him I said what I said he's backing away like a man on a bad first date no question thank you we'll we'll holler if we need you to come back yeah and I think this goes without saying but

is there anyone here to speak against this variance Mary used to do that and I forgot to haven't done that yeah I want to be like Mary so me too all right [Music] discussion thisy building's already there U they met code so great okay and if the other buildings are are within 10 15 ft of the line yeah don't see an issue I I looking at the size my take on it was looking at the size of the building plus looking at the location and for lack of a better terminology it's in the backyard it's away from site and I'm assuming when you see Pride's way if you look down here on the bottom of the drawing there's a cir there's a a circle like a a court you know for the access in and out um being Dawn's good point that we're not pushing any traffic around the building it's literally just a storage facility of an existing and there's no neighbor complaints I don't really see a reason why this wouldn't be struggling with number two oh yeah you got something for number two no I'm not making another one when are y'all going to do this I'll do it the first one I'll make a motion to approve there you go Ron be the man uh 20 25-5 V uh one second before you start we've never asked this question as he's making a motion are we are we allowed to help as he's moving along I don't know how that works generally the one that makes the motion does but I mean just I'm asking yeah make it a team sport we're volunteers we're kind of on

the job training we're on the job training um yeah that's no do I have to read one and two and three or kind of just go for you need to reference them because she's writing them down all right there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size shape or topography these circumstances are described as follows uh you have an existing building that was that met zoning code uh and you're just extending it uh two these conditions do not generally apply to other properties in the vicinity uh we have other buildings that are within less than 15 ft off the property line because of these conditions the application of the ordinance to the particular piece of property where it effectively prohibit or unreasonably restrict the utilization of the property uh there's what I have zoning laws changed after the original construction of the building yeah say it though zoning laws changed in this after the construction after the construction because of these conditions application of the ordinance oh excuse me I already read that one the authorization of the variance will not be a substantial detriment to the adjacent property of the public good and the character of the district will not be harmed by the graning of the variant and again other buildings in the area do not meet the current zoning all right do I have a second second roll call vote please roll call yes to the motion Ron fer yes to the motion yes to the motion Justin Brown yes to the all right you got your variant thank you very much nice to see you it took me a minute until you identified yourself I'm like he's been here before yeah I want to call the attorney another section says it not have a good night thank you have a good night all right um approval of the

minutes y'all I don't know if you did I read this I'm like that wasn't last month I'm like yeah it was approval of minutes for January uh 2nd 2025 do I have have a motion to approve make motion second I wasn't here oh you weren't here was that for the January meeting I wasn't here you can second second all in favor say I I they're approved um anything from staff we need to be aware of we will have a meeting next month that would be March or April no we're March all right April 10th all right Troy is looking at his counter right now with witnesses there is nothing on my calendar April for April the 10th not the first Thursday yeah it should be the third should be the third you're right I'm thinking about Board of appearance CU that's another one um sorry I apologize a lot going on okay around the town you are correct it is April the 3D okay yep and 5:30 is fine and we were just talking but if it's the bad thing is what we recognize is if we move it to 5:45 or 6 that just means you guys have to sit here for that much longer and wait for us to get here right um can you come in an hour later on Thursdays I that's our determination of how we handle that if it works easier for the overall good of the board then I am fine with moving it to six but that is up to you all um if that I mean I know that some of you are traveling from Columbia so it it is Ron doesn't get Ron walks here from Ron's very distressed about his travel yeah so um but no it I mean if itan honestly what do you think I mean 545 would help yeah I would say 545 I mean you know 545 or 6 it does it does give that buffer because even if I'm in

town depending upon traffic in this area yeah that's fine plus two will that give you enough time 5:45 one other thing it'll be close but I can get here okay thank you on that note and I don't know if the and Dawn brought this up in passing with the summer concert series starting back up soon on Thursdays that means that there'll be people here is it possible or is that just asking too much if it's just the four of us it is in the ordinance of when these are held so I would have to to change the date the first Thursday no could you can we is that too much to say Throw four cones out I understand now I was like and if you could and and I'm not trying to be a primadonna about it but again I don't really want to park you know my concern is Ron really don't want to have to walk here right well you don't need to you need a temporary handicap my concern is honestly I mean like today I just never know what concert series yes and then I'm having to struggle to find somewhere to park then I will reach out with Administration and get confirmation if that is allowed okay and again we're not trying to to make a problem all right um couple other things any up date on the window cing ordinance um I have received a recommendation from our small business advisory committee and I will be taking um temporary sign research that I have completed and their recommendation per council's um instruction to board of or to Planning Commission in our March meeting so then after that depending on if they need to have more time for discussion or whatever they decide will determine my next step so if they're ready and willing to make a recommendation at the March meeting then I will be able to take it to the next

town Council work session which would be in April okay um and again this is I apologize that I don't know this information but I have kind of been a bit busy have we do we have legal staff we have a contract attorney um his name is David erson he's with Parker Poe um and he is with us until we hire someone I believe they've been in the interview process but I've not been involved in that so I'm not 100% sure and the reason I started with the question about legal representation because I know we're I've made a request to you about what we can or can't do I'm working on that that was great tonight and not throwing stones at anybody we all need it's very uncomfortable for all of us to do the little blue sheet it's a hard thing to do yeah I would like it rewarded yeah that would re state law so unfortunately I can't but what I think we I'm going to request again and this is not like busing I would like to have a training session where maybe we just we don't have to go through it just but to say all right you need to work maybe you give us homework or whatever to say okay this is going to be a variant you give fill out the form right and let's have it in a discussion format into a a to schedule that yep um right now and it may not count as our training but I think it would be good for our board right and I agree with you right now though um I have competing priorities that have taken my attention to elsewhere we do have the contract attorney I am planning to have discussion with him because I also need to schedule training for my other boards um about what we can do I specifically want to schedule training just for you all on a date that we can agree upon that he is available to do that because

he can host it um and he's very good uh he used to be a county attorney and then he was um then I think he was promoted into the County Administration position so he sees a lot of what we do and he understands it so I think he would be a good source of information to help us with that um but and and I do it's on my agenda to get it scheduled so it probably will be maybe um I don't know that it'll be in the next month but I hope to get it within the next three to four months what fine you know then we get into summer months and people are on vacation so um I would like to get a scheduled vote so and again I want to make sure you understand I'm not fussing in any way I just I I what I sense and what in discussions we've had we want to be the best that we can be and I appreciate that and do this with what the town has entrusted us to be professional in doing that yeah still having fun cuz it is me yeah I think yall are doing great but yes it isn't it's on my agenda to get taken care of all right any other questions for staff nope no Dawn you got nothing tonight nope all right I have a motion to adjourn I'll make a motion second second all in favor say I I we are adjourned thank you for watching if you are watching tonight volunteer get involved in the town