 Board be serving as chairman for today's meeting until the chairman arrives when a little bit late. At this time I'd like to introduce the other members to the board. To my left is Reggie McKnight, on my right is Marcella's Freemance, followed by Jenna Stevens and George Shaper. I'd also like to introduce a staff to assist the board, Rachel Bailey, the zoning administrator, Cope Hasty, deputy zoning administrator, and Andrea Wolk, land use board coordinator. The board is charged with hearing applications for special exceptions, variances, and administrative appeals. All testimony is recorded for the record, and anyone wishing to speak will need to be sworn in and come to podium to speak. No testimony can be taken from the board. When you come to the podium state your name and please speak clearly into the microphone that the meeting is being recorded. Applicants with cases before the board are allotted a presentation time of 10 minutes. The time also includes all persons presenting information on behalf of the applicant. This time limit does not include any questions asked by the board or staff regarding the case. Any member of the public may address the board in intervals of three minutes, or five minutes if by a spokesman for an established body or group of three or more. The applicant then has five minutes for a vote. Those of you who wish to speak must be sworn. If you are here as an applicant or speak in any case, please stand at this time and raise your right hand. Do you affirm or attest that the testimony you will give today is the truth and nothing but the truth? Thank you. For this time I'll let you turn the meeting over to Ms. Bailey. Alright, so the board uses the consent agenda to approve non-controversial or routine matters by a single motion and vote. If a member of the board or the public wants to discuss an item on the consent agenda, that item is removed and is considered on the regular agenda. The board then approves the remaining items with one motion and vote. On the consent agenda today we have the approval of the February 12, 2019 minutes. Item number two, case 2019-005 for 1315, 1322 and 1324 Calhoun Street. This is a special exception to permit a shared parking arrangement. Item number three, case 2019-0009 for 2237 Marion Street. This is a variance to lock coverage for an addition to a single family residence. Item number four, 2019-0010 for 1323 Claremont Drive. This is a variance to fence height requirement. Item number five is a two-part. It's 2019-0013A for 7302 Broad River Road, a special exception to permit a gasoline service station, and 2019-0013B for again 7302 Broad River Road, a special exception to permit a convenience store. Item number six, case 2019-0014 for 1517 Gregg Street, a variance to the parking requirement for an office slash medical office use. Item number seven, case 2019-0015 for 2222 and 2238 Sumter Street, a variance to the maximum sign display service area requirement. So that is all on the consent agenda today. Thank you very much. Does anyone from the audience or any members of the board wish to have any items from the consent agenda removed in place of the regular agenda? I'd like to remind everyone that we are getting ready to vote on any of the six or seven items on the consent agenda. So if you have any... I don't discuss anything about it now. Otherwise, we're about to take a vote. Okay. I'd like to ask the board for a motion regarding the consent agenda in the minutes from last month. I move that we approve the consent agenda. Okay. Have a motion in a second. All those in favor, please signify by saying aye. All right. Any opposed? Okay. Listen to that. All right. The first item on the regular agenda is case 2019-006 for 2538 Two-Knotch Road, Unit B, a special exception to permit a liquor store. The applicant is welcome to come up. So you'll come to the podium here. I have the microphone here. This time is a time to give you a brief presentation or any questions or design. We just need to open a liquor store convenience store at this location. We just want to let you know that we are just trying to do something for our community. We recently bought this business and people over there in that community they asked us to serve the money orders. And that's the reason, see, in this business we are not doing anything for the money order. But just to give some service to the community we have gone across like gone forward, came forward and started the money order in that business. That's the reason we need a liquor store in that property so that everything will be in one store. It will be one stock where people can come, they can eat, they can drink, they have wine, they have a beer, they can buy anything whatever they want. Are you familiar with the criteria required for a special exception? It was used to fill it out in your application for a special exception. Yeah. Yeah, we already did it. Yes, sir. Okay. Why don't you run through those, please? Starting with the first one. I will not tell you if you would please give us your answer. Describe in what ways a proposed special exception will not have a substantial adverse impact on vehicular traffic or vehicular and pedestrian safety and how adequate provisions are made in the proposed exception for parking and for loading and unloading. We get a enough parking place over there or there is no any adverse effect on anything. We have plenty of place to come and go. We will have to learn to drink both of them and buy anything. How many spaces do you have? More than two. Describe in what ways a proposed special exception will not have a substantial adverse impact on adjoining properties in terms of environmental factors such as noise, lights, flare, vibration, fumes, odors, obstruction of air, or light and litter. The customers usually they come and just provide the stuff and just bring in extra lights. Describe in what ways a proposed special exception will not have a substantial adverse impact on the aesthetic character of the area to include a review of the orientation and spacing of the building. We are not doing any changes also. Nothing outside. Nothing outside. Describe in what ways a proposed special exception will not have an adverse impact on public safety or create nuisance conditions detrimental to public interest or conditions likely to result in increased law enforcement response. No sir, nothing like that. You know, we... I already start selling beer over there in the convenience store. So it's the close to that bidding we're opening the liquor store. Nobody wants to drink all day. We already have the cameras and everything. Where we can easily monitor those people. Explain how the establishment of a proposed special exception does not create a concentration of similar types of special exception uses. Which concentration may be detrimental to the development or the redevelopment of the area where the special exception used is proposed to be developed? Usually... Yeah, you can see we have one liquor store already which is not even like not even a mine. Most of the coins 0.3 minus ahead are liquor stores. That's too small. That's the reason we have opened a new one which is which may be more convenient for everyone. Alright, explain how the proposed special exception consists of the character and intent of the underlying district as indicated in the zoning district description with any applicable zoning overlay district goals and requirements. Just want to say one thing that that store, we're just trying to make it one stop where everyone can come and buy stuff and just start with it. Just go. I think what we're looking for here is your answer especially regarding what the current zoning is and to read out what you've got on here. The retail using general commercial commercial is appropriate for the area. Okay, and zoning C3. Yes, sir. Our describes how the proposed special exception is appropriate for a location incompatible with limited use of adjacent to and the vicinity of the property. So we have a neighborhood exactly back of the building and also in front of the building. It's like we have a residential neighborhood nearby for convenience stores. Alright, explain in both ways how the special exception will not adversely affect the public interest. No. Like it's convenient for the neighborhood. Like, that's what I do. Like it will be like a one stop where people can come buy the stuff and they can just go. And it won't affect the neighborhood. It will be a plus point for the neighborhood. Alright, a couple of quick questions with who we are going quickly. So you're not doing anything outside of the building. This is all so the site stays the same. You're just applying for a special exception located in the existing structure. That's it. What is the where you're applying for the special exception currently being used for? It was before we bought the business it was used as a restaurant but I think 2016 the restaurant they didn't open the restaurant so when we bought the business we were trying to open a liquor store. It's vacant right now? Yes, it's vacant. And you have a store in the joining property, is that correct? Yeah, it's a building just next where it's not joined together but just to build a separate building. But the same company. Normally we have a presentation where we can see some things more clearly so we're trying to get a feel for what we've got without the fewer work. We want to make sure everyone understands. Well, thank you. Been through your responses and there are questions so that's good. Did you ask the board for any questions for our applicant? Questions that you thought regarding that? How long is the convenience store the gap they should be in? So we just took over on 1st of July that business and when we took over there and we bought it after a few months. So it's like convenient for everyone. That's the reason now people ask for the liquor store. We just want to bring the liquor store where everyone can convenient for everyone. Have you heard from any of your neighbors regarding the support or the official darkness in the residents around here? So you haven't heard anything either way? No, it's close to the force. Okay. Is there anyone in the audience who'd like to speak to you in favor or against this matter? Thank you, I will. Thank you very much. Yes, please. Good morning. My name is Diane Wiley, president of Belvedere. We already have 37 liquor stores in our area. We don't need any more. I know this is a seat 3 but we got enough foot traffic. There's no spotless over there. They need money orders. We don't need any more liquor stores in our neighborhood. We're trying to build up our neighborhood. The traffic is really bad over on too much road. I'm here for both of them. The traffic is really bad for the people that have to come here. They have to work during the day. And we don't need any more. I told you all, let's start this year right. We're trying to build up our neighborhood. These neighborhoods, one of these places will not go in fours April. They will not go on truck road. They will not go into Shannon area. It's just like they want to come to Belvedere in too much road all the time. And we're tired now. We're very tired. Our homeowners insurance has gone up because of foot traffic running through different neighborhoods. So, please don't do this. We already got one of the couple of liquor stores here. And now it's 37 which we had in the new spectrum. So, we don't need this in our neighborhood. Thank you. I'm the president of Belvedere 1436 Whale Court. Is there anyone else here to speak in favor or against this panel? Okay. I'm going to stop the full discussion. Yeah, wait. I do agree with what I'm going to do that she don't want the liquor store over here at Belvedere. But why don't you think in that way that we also had a money order in which nobody does in too much road except we does. Only because of the community. We are not making anything not even a penny in the money order. The money comes and goes to the bank. It's just a service which we are providing to the community. But in that way we do have there is one liquor store which is in too much which is really small where people don't feel like going over there. Why? Because sometimes they have some stuff or sometimes they don't have a store. That's the reason we want to open a good decent liquor store where all the community members all the people who really need it, they can come they can buy it. We just want to make a decent, nice, peaceful and calm place where people can go, come and buy the stuff and can go home easily. And that the reason we are applying for the liquor store is only because that we want to make that store as a one stop store. We are not talking about the only liquor store. We have coffee we have we are trying to make hot dogs for most of the next plan is making hot dogs for the community where people can buy like a dollar, dollar 25 cents a hot dog easily they can survive. We got chips we got sodas, we got peanuts we got sandwiches we got like each and everything you name it we got it in that store only except the liquor store. We got money nobody does in the whole community nobody does. We are doing it just to support our community that's all. That's one to say, that's all. Thank you very much. All right, at this time we'd like to open it up for any board discussion. That's it. What do you all think? Oh yes, please. Okay, well he just said that same place has been put on a used hire place. They got a cigarette place coming up. They didn't do the towering place there. We're not going through all of this and we got stores that sell hot dogs and hamburgers and stuff like that. We got the the post office you go grocery store they got stores that sell it the drug store that sells money or you got a little store already we don't need any more we don't need any more I know that they would like the back of my hand I work out there every day I could be doing something else better to help my neighborhood besides fighting these liquor stores every month and we are tired we are very tired so it's plenty of stores that's why we can't get a grocery store because there's too many convenience stores and little stores in our area so everybody a hot dog that would make you a hot dog thank you very much would anyone else like to speak on the back ok well this time I would like to go to the board in my view and satisfy each of the criteria this is an existing building already operated in my I think I agree with you I think some of the points are very well taken I think what we've got here is it's got a free existing condition maybe there are not enough the right type of business in this area and I understand where the neighborhood association is coming from but I don't think this one particular business is the problem I think it's a free existing condition I think I agree with you George you go through the criteria for the special assessment I believe that they were able to meet them at this point I would like to ask for a motion I know that we approve ok motion is second all those in favor please signify by saying aye aye any opposed ok thank you very much ok I'd like to turn the meeting over to the chairman you're doing a good job glad to show it off I know that I never wanted to always fight well you got your exercise alright the next item on the regular agenda is case 2019 007 for 1213 height street is a special exception to permit a religious information center the applicant can come forward good morning my name is William I I'm here today representing the Baptist church in a special application to permit a religious mentoring information center this would be in line with what we're trying to do in the community we already have a food pantry where we distribute food to the needy every Saturday 10am to 2pm we have a volunteer home assistance ministry where we go out and repair homes for other citizens we have a a during ministry which help people in disaster and we also have a vanilla farm where we contribute to people who have difficulty taking utility and we feel that the community could serve as an information center so the community and members would know that we have certain resources not only for the end of the community also with respect to you we have a women's mentoring center where we reach out to young ladies and also help men but reach out to young men and try to steer them in the right direction and we feel that as a church that's coming upon us to try to help them in the community so therefore we have a 730 square foot house small building it's going to be maintained on a volunteer basis where we have information there about this thing and when we have at risk you we get somewhere we can go and talk to them and try to do them in the right direction the building is not complete yet and I've noticed that there may be certain conditions that the staff has indicated and we do intend to conform to all relevant city regulations we do intend to satisfy and rectify in an all cold violation prior to occupancy it's a special limited use and we realize that so if we discontinue or abandon this project we have to find something else to do so we think that there's adequate parking because the church is across the street there's a big parking lot there we also own the open lot at the corner of Jerabette and Hyde and we don't expect a big crop of this small building to work and we can maintain the value of the property and we think that mentoring and information is important people need information and we need to make sure that the church we try to steer our young folks into that that will assist us in that along with all the missions we have thank you that is great it's an occupied now we own most of the property on that block and are all of those in operation or used currently? no, two occupied it doesn't work at the church we don't have one yet but that's in plan not to have that being considered the food factory the parking requirement is very low but it's only 730 square feet it's two spaces so there's the driveway on that property it has a very minimal off street parking requirement does anyone else wish to speak? my name is James Baker I reside in 1424 Oak Street and I'm a member of the Waverley Historic Waverley Community organization we are opposed Waverley is designated as historical residential there and desire has nothing to do with residential we responded to this after the residents arriving already the property is not a code we have asked how does this relate to residential designation? and as it stands now there's no handicap accessibility there's no parking accessibility on the street because if they come into the back there there's no right away from the residential property there so we are definitely opposed to what they are my concern is what are the hours of operation if there's a childcare center right across the street from this site um sorry if the operation programmers are the same as those of the childcare center then there's an issue with parents picking up a garden picking up and dropping off their children do not park in the church parking lot they park on the height of the street on both sides there's traffic, there's foot traffic and there'll be traffic and the operation routes to this center are the same that's going to cause more traffic of course and there's already a concern there are numerous states in America almost just have to be careful between five and six and a half from around my way home I've been on the court I've been on the court this is where they exit from the opposite they park on the the last two thank you that'll be reviewed with permitting bringing the building up to code it is a condition if approved that prior to occupying the building for the special exception use there are several code violations against the property those would have to be remedied and building code would look at any ADA compliant that's through their code instead of the zoning code so it would be reviewed prior to permits and it also would have to have if anything's done to the exterior or anything that falls within the threshold of DDRC they would still have purview no matter the use I would just like to comment with respect to the driveway there and also the church on 12-11 and 12-15 so there will be parking there plus that all this space here is owned by the church but there will be sufficient parking the church owns everything all the way after the convention basically yes and we do understand that if this is granted we have to comply with the code in all types of regulations do you want to address the hours of operation do you want to address the hours of operation do you want to address the hours of operation the hours of operation would vary we see some of the measures taking place on the Saturday it's not going to have operations like ACES the young people that will be measuring our school so primarily we are thinking of the notion is on weekdays and limited days of the week we don't want to interfere with the girls' stops the bar stop program so there shouldn't be any conflict with respect to a whole lot of traffic like yellow Sunday morning I have a quick question at this facility would you have any employees there trying to get a feel for how it would operate there won't be any employees per se during the full time you could be most involved with kids that's correct I guess I'm just kind of thinking out loud I guess let's call it with all due respect a small operation could you not do the program and at your current facility and do this within the facility well we don't want to interfere with someone operating already going on in the future in terms of the girls we want to have a place fully dedicated to information in terms of resources so as opposed to have it where the girls got far or the bars got sore or Disney we don't want to get information tell me a little bit I'm struggling to talk what do you mean what sort of information explain just a little more what you have to do what do you have to do let me use these out in terms of the men's ministry once a year twice a year they take young men's out on a fishing trip as part of that process that's what it's all about and then they have twice a year in terms of care for the young ladies in terms of dressing appearance I think that's all we'd like to have a dedicated place for the men and the boys can go and the girls can go and from time to time the very ministry is the way of certain grants for people to apply for in terms of disaster relief let me see resources in that do you all have a concentric location like children is doing a paper they're definitely located there they print out stuff they copy the paper well we have a copy center but to your point we have a educated tutorial at the resource they would know that they have that that's going to be there as well that information would be there afternoon board my name is Frank Houston I'm president of the historic liberty community I'm also part of the ministry of staff at first Calvary Baptist Church there are a couple of things that I would like to point out please one is that First and after this is not a small church it is a large church a very large church and the building that they're referencing to use as this information center is one of three historical buildings in historic Waverly those are shotgun houses historically shotgun houses one of just a few that remains around the country and this facility to be used as what is implied as an information center with the church of that size and nature they have ample room within the confines that they have now to do whatever ministry they wish to do in that already established church that they have now to say that they need this small space which is a historical structure which is a resident so then you're changing the concept and the historical value of that piece of property when you start using it for something else which can be considered a business or information center that is not residential and so it's getting out of the guidelines of being historical shotgun house which is residential the application also is misleading because in there in the application indicates that it has a fenced parking area adjacent to the church there is no adjacent parking lot there is no fenced parking lot adjacent for this particular building so that's a misconception that is listed in this particular application so for several reasons that was mentioned earlier we highly recommend that you do not allow this application to move forward the community is highly opposing to it because it's not what is needed in the community and it's taken away from the total concept of what the historical value is to represent I ask that the board really consider the fact that this is not a necessary piece of property that needs to be used for this information of purpose if I was not affiliated with the church equally large as a person after us then I would not know the capability of that church to be able to contain this information that he speaks of as a separate unit to the church it is unnecessary and the parking would not allow that to take place during the course of the day and also the fact that it will create havoc in the afternoon when young people are being picked up from the day case center so as president of the community we highly oppose the fact that this exception thank you finally not been used for residents for over five years and in fact the church does have a parking lot across from the property of the church and that's been around it it's hard to deny the good intentions of the church a center like this for here to be a good thing a needed thing however I'm concerned without the surrounding distort gravely community support something like this I'm concerned that it is appropriate I think there are two of the criteria for the special exception I'm not sure if they can meet number one regarding the potential for an increase and adverse impact on the vehicular traffic unfortunately they don't have any parking very small lots so they can't contain the parking on site so I don't think they need that one and then number seven it's not compatible with the adjacent uses although the church is in close proximity to this particular residential structure it is a historic neighborhood of residential uses so I'll recommend it to be a support that they're trying to do I would recommend they try to do it on site because it's not compatible with the historic surrounding neighborhood without the neighborhood support I have a hard time agreeing to put out a little bit in that I don't agree the preservation of the historic nature of the structure requires it to be utilized that is there's plenty of the historic structure now they're used to different uses than they originally were so long as the structure is preserved in that integrity I don't see how the use release is compatible in this case for that use and then definitely in regards to the impact on this location we use the bike lanes and timetable with their ministers and services that they provide to their constituents and members so I think that application of other standards is not that it becomes jurisdiction over their alteration of the property and all the things that they would have to do require for the handicap accessibility we require outside of whether we were not really in favor of this particular application those criteria take that extremely good point about the adjacent uses however it this creates what I would call a overabundance of use activity that's too hard in this area if those are they're asking for a limited special accession which is allowed by the their use of that but the structure I think that really because we're not in front of us in the variance there's a drive they may have to extend the drive it's two parking spaces they're not going to have to put a parking lot on there any other I think there's a good I think just to go either way those are good points I don't like converting residential uses I guess just as a general rule I have a hard time agreeing with residential uses to come with something non-residential without the community that's what I certainly agree with the points I think it's either way overall I'm not in favor but I don't I don't feel strongly about it either way I just don't like the fact that I didn't have the I understand that there is in the work that there's a growth of the neighborhood and it's basically a quarter stone of that historic nature and so I think that they are just as much part of the historic their state policy and I think that we're about to agree with them and have for many, many decades as far as their base tree very I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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