Zoning Board of Appeals - Regular Meeting

Call to order the board of zoning appeals May 4th meeting. I'm going to go through this really quickly. We have no one on the sign-in sheet. Please silence phones. If you need to use it, please go out in the hall. There's only one, so time limit for speaking is 3 minutes. The board must have four members to approve requests. This is how it works. Staff Jack over here will introduce the agenda item. Questions for staff by board. Applicant called to speak to board. Questions for applicant by the board. Floor closed. Motion requested by me to a motion to either approve or deny. And then I will ask for discussion if needed. And then I will ask staff to And here's our board member, missing [snorts] board member. And with that we're First item on the agenda is consideration of the April 6th, 2026 meeting minutes. Motion to approve as stated. Second. Okay. That seconded. Seconded. And with that I turn it over to Jack. All right. Motion to approve. Oh. I. Thank you. I forgot that.

[clears throat and snorts]

All right. The next item item on the agenda is a request for variances from Article 6, Section 64B and Article 6, Section 612C3. The applicant, Lisa Thomas of Digs Imports, is seeking variances from Article 6, Section 64B relating to the minimum front, side, and rear setback requirements and a variance from Article 6, Section 612C3 relating to the buffer requirement from the property addressed as 1879 through 1889 Hampton Avenue. The M2 heavy industrial zoning district, Council District 10. Section 64B specifies setbacks for M2 zone properties. For front yards, the required setback is 50 ft. For side yards, 100 ft. And for rear yards, 50 ft. Section 32 defines a front yard as a yard which is intended as a public front extending the full width of the front of a lot between the front right-of-way line or property line and the front building line. Section 32 defines a rear yard as, quote, a yard which is not intended as a public front extending the full width of the lot in the areas between the rear lot line and the rear building line or areas that abut back alleys. Section 32 defines a side yard as a side yard extending the full length of the lot in the area between the side lot line and a side building line. The site is approximately 100 by 140 to 175 ft with a total square footage of approximately 15,865 sq ft. The applicant is seeking to construct a 6,000 sq ft building on site. Accordingly, the applicant is seeking variances to reduce the front setback to 7 ft and the side and rear setbacks to 5 ft except when located next to a residential use where a reduction of the side setback to 15 ft is requested. Sections 612C3 specifies that this type C buffer area is a highly is a high

density screen intended to exclude visual contact between users and to create spatial separation. The buffer areas shall be a minimum width of 20 ft per 100 lineal ft. The screen shall consist of a combination of not less than 20 ornamental shrubs, 10 understory trees, and two canopy trees. An 8-ft privacy fence or wall is also required. The fence or wall shall be located between 5 and 10 ft from the property line and the plant material shall be located between the building and the fence. The zoning [clears throat] administrator must approve the site plan which shows the exact fence location. Due to similar constraints pertaining to the setbacks, the applicant is also requesting to reduce the type C buffer along the res- residentially used parcel abutting the subject property. Accordingly, the applicant requests the required buffer be reduced from 20 to 10 ft. Per section 773 of the city's zoning regulations, the board must make the following findings to grant the variances. One, there are extraordinary and exceptional conditions pertaining to the particular piece of property. The application notes the small size of the parcel when compared to the standards of of the M2 heavy industrial zoning district. The application notes that the property is only 0.36 acres and the lot dimensions are significantly smaller than what is typically expected for development in the M2 zoning district. Staff agrees that the small size of the property does severely limit the ability for feasible development on the parcel and notes that the M2 requirements almost completely limit the the ability to implement an industrial use on the site. Staff agrees that the size of the parcel should be deemed an extraordinary and exceptional condition pertaining to this particular piece of property. Number two, these conditions do not generally apply to other property in the vicinity. The application states the other properties zoned M2 heavy industrial are more regularly shaped and significantly larger. The application also notes that most of the other nearby industrial properties are able to meet the zoning code

requirements. Staff agrees this lot is very constrained in terms of potential development in comparison to many of the other industrially-used properties in the district. [clears throat]

Number three. Because of these conditions, the application of the ordinance to their particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The application states that strict compliance with the ordinance would render the site undevelopable for a warehouse or industrial use, as meeting the setback requirements would consume most of the subject property. The application also notes that if standard M-2 design standards are applied, the site would not be able to be developed to accommodate the proposed building, parking, or circulation. Staff agrees that the application of the standard requirements for M-2 zone property severely limits to develop this property with an industrial use, as the property would leave very little room for any proposed developments if the standard zoning regulations were to be met. Accordingly, staff agrees that the application of the ordinance to this particular property would unreasonably restrict the utilization of the property. Number four. The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the [clears throat] district will not be harmed by the granting of the variance. The application notes the granting of the variance will not negatively impact the surrounding properties or the character of the area in which the property is located. The application states that the proposed warehouse is consistent with the existing industrial and commercial uses along Hampton Avenue. The application also notes that the scale of the development is appropriate for the site, and the layout maintains safe access and circulation. Additionally, the application notes the site plan does include a privacy fence and landscape buffer, which which would aesthetically enhance the area. Staff agrees that the authorization of the variance would not be be substantial detriment to the adjacent properties or to the public good, and that the character of the district would not be harmed by the granting of the variance. Staff notes that the surrounding parcels in the area are also zoned M2 heavy heavy industrial, and that most of them are being utilized for industrial purposes. Although the neighboring parcel to the west is residentially used, staff feels that the implementation of a 15-ft setback and a with a 10-ft buffer with

both a privacy fence and landscaping will mitigate potential impacts from the proposed project. [cough] [clears throat and snorts]

Staff feels that the size of the parcel is extremely limited for a property with a zoning designation of M2 heavy industrial, and finds this to be an extraordinary and exceptional condition that is unique to this property. Staff finds that the typical zoning regulations unnecessarily restrict the utilization of the parcel. Staff also finds that the granting of the variances would not harm the character of the district, or be of substantial detriment to the adjacent properties, or to the public good, as the project proposes appropriate screening to the adjacent residential park parcel. Accordingly, staff recommends approval of the requested variances from Article 6, Section 64B, relating to the minimum front, side, and rear setback requirements, under the condition that a firewall, meeting the standards of the current edition of the city's building code, be constructed along any property line where the setback is less than 10 ft, in order to be consistent with the administrative setback reductions found within the zoning regulations. Additionally, staff also recommends approval of the requested variance from Article 6, Section 612C3, relating to the buffer requirement to be reduced from 20 to 10 ft, under the condition that the required buffer of the 8-ft opaque fence along the property line, the plant materials being located between the building and the fence, and that the buffer may be reduced may reduce the required number of understory trees by half as long as they consist of an evergreen species. Additionally, a copy of the staff report was emailed to the applicant on April 29th, 2026. Thank you. Any questions for staff? Uh would the applicant like to say anything? Sure.

[clears throat]

I understand here. Sure. Okay. Um I don't want to waste y'all's time since the just read the staff report, but um we're essentially in summary we're asking for a variance because of the unusual size of the site, not because of the use. Um the owner has actually assembled five parcels together to be able to create a site to put this um building on, but it's obviously still not big enough to meet into industrial standards. Um this will be a furniture warehouse, not a high traffic use or a retail store. And looking around the area, a warehouse of this size is a great addition that fits with the other uses nearby. Thank you. Any questions for them? All right. I guess Sorry, I was I guess I have a question for staff, but Are there Are there any exhibits showing where the residential property is and what the setbacks are on this property? Showing how restricted the parcel is and then what the ask is. Did that aerial check? Yeah. There you go. That would be the So you can see Yes, the property to the west Okay. is residential.

Yes. What's zoned up to? Yes. It's zoned up to. It's Yes. Okay. Yeah. You see there. That's the one directly next to it. And that uh home is taking up most of the the width of that lot. Okay. Thank you for asking. I kept looking for this. [laughter]

Yes. What type of fencing is it going to be? It explains 10-ft, type of fencing. It says opaque. Cyclone Yeah. Sorry. The ordinance requires a 8-ft opaque fence. So, it'll be Usually, it's that wooden privacy fence, but they could use masonry block or uh chain-link fence with opaque slats in it. Um as long as it's opaque and 8 ft, it would meet the requirement.

[snorts]

Question would be, how close is that to a I know it's close to a residential area, but how close is it to a wooded area? The area Um Yeah, you can see on the the east side there, there's a railroad track. Um and some wooded area. Um and then the Howard Heights I mean across the street is uh industrial heavy industrial kind of use of some sort. Directly behind them is also an industrial use. Uh and then there's a few residential units um between them and Sproul. And then on Sproul, I believe that's a some sort of commercial establishment there. So, to the right of this is the uh railroad's area, right? Correct.

Yes, sir. Thank you. Was there a tree survey with this? Uh do not believe there's any trees on site currently. I see on the aerial there there's something between the properties, but that's on the adjacent property. Yeah.

That could be where it's considered brush and not a tree. Okay. So, the survey didn't So, there are no trees on the site right now. When I was out there posting signs, I didn't Okay. large trees on the site. All right. And I'd have a question. You all are agreeing to the firewall. Yeah. And his and their approval. And if the city's approval. Yes. Any other questions, board members? Sure. Motion to approve. Motion to approve. I'll second it. All right. Discussion? I just want to clarify that the motion to approve has is an approval with the conditions set forth by staff.

Everything recommended by the staff. Yes, correct. Correct. All right. Second, we don't have a All right. And Jack, will you call the roll? One second. One second and we're live. Mr. Clauser, Mr. Harper. Got it. Okay, cool. Uh Mr. Calhoun? Yes. Mr. Clauser? Yep. Mr. Harper? Yes. Mr. McQueen? Yes. [clears throat] Mr. Calhoun? Yes. Ms. Moore? Yes. Your various request has been approved. Thank you. I'll adjourn the meeting. Thank you. Do you have a UDO update? Oh, I'm sorry. Corey Hall is well. He couldn't be here today, but he did give me his notes. Um few bullet points. Anticipate the UDO website, onenorthcharleston.com, will be live this week. Um and that will be the project Is it going to be all one word? Yeah, onenorthcharleston.com. That link will be sent out to y'all once it's launched publicly. Um but that will be the the project website. There'll be resources, information about the project, upcoming events, timeline, um as well as just general information about what's going on. Um the in-person launch event will be held Tuesday, June 2nd, starting at 6:00 p.m. at the North Charleston Athletic Center. Uh that is the day after our next CBA meeting, so you'll get a reminder about that at that meeting as well. Um and of course you'll there'll be lots of information. We're planning to post signs about it, um send out to our media list, um

all the ways uh neighborhood presidents, everybody will be hearing about this. Um Thank you. You're the first though to hear about it. Oh, okay.

Um There'll also be a a virtual public meeting the following Tuesday, June 9th, so those people that can't attend on the 2nd at 6:00 p.m. will um have the opportunity opportunity to attend virtually as well. Um Like I said, we will send an email with those meeting dates out this week and hope uh you all can attend um and spread the word. That's out. Um probably once we get the website up and running, it'll be easier. Just click forward to that to get into. Questions? Thank you. Thank you. Thanks. And now the meeting