Planning Board/Board of Adjustment

VAR 02-24 11901 Bailey Rd Gate Post Height Board of Adjustment • Staff would like to enter into evidence part of the Planning Board/Board of Adjustment packet for April 8, 2024 VAR 02-24, which includes the Staff Report, Exhibits A-F, and Findings of Fact sheet, as well as tonight’s presentation. • The property is located at 11901 Bailey Rd • The Applicant, Ryan Lubatty, is seeking a variance from Section 3.3.G of the Land Development Code to exceed the 8’ height restriction. Exhibit A – Application Exhibit B – Zoning Map Exhibit C – Vicinity Map Exhibit D – Property Map Exhibit E – Land Development Code Exhibit F – Property Picture Exhibit F – Property Picture Exhibit F – Property Picture Exhibit F – Second Gate Questions? Additional Information Hear from the Applicant FINDING #1 • Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. • The Board Members shall make statements as to whether the evidence supports or does not support this finding. A motion, second and vote as to whether this finding has been met. Simple majority will apply.  FINDING #2 • The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. • The Board Members shall make statements as to whether the evidence supports or does not support this finding. A motion, second and vote as to whether this finding has been met. Simple majority will apply. FINDING #3 • The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. • The Board Members shall make statements as to whether the evidence supports or does not support this finding. A motion, second and vote as to whether this finding has been met. Simple majority will apply. FINDING #4 • The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. • The Board Members shall make statements as to whether the evidence supports or does not support this finding. A motion, second and vote as to whether this finding has been met. Simple majority will apply. FINAL VOTE TO GRANT/DENY VARIANCE • Were all findings of fact met or not met? • Six positive votes are required to grant variance. Fruitful Roots Brewery REZ 05-23  Overview Project Location  1.05-acre parcel on N. Main Street o North of Food Lion Proposal  Neighborhood Mixed Use (NMX) to Conditional Zoning (CZ)  5,251 sq. ft. Microbrewery Applicant  Aspirational Adventures, LLC  Location Overview  North of Food Lion and Downtown Core Area  250-’ south of Mulberry St.  500’ north of LKN Social District  Zoning Summary Existing Zoning: Neighborhood Mixed Use Land Use Plan Summary  Project Overview Site Elements  5,251 Sq. Ft. Building Area o Microbrewery o 26 parking spaces, pervious paver system  Outdoor Beer Garden o 3,500sf outdoor patio o 4,500sf activity area behind bldg. o Trail connection to Twinberry Ln.  Landscape Buffer o 10’ buffer of existing landscaping in rear adjacent to townhomes Proposed Architecture  Community Meeting November 16th Meeting 4-Attendees  Topic discussed: Outdoor area layout, building interior layout, frequency of live music events, need for increase in beer garden area, and pedestrian connectivity.  Overall, attendees seemed supportive Staff Recommends Approval with Conditions  TA 05-25 Planning Board Overview: 3-Elements 1. Restructure Planning Board to create 10-voting members o Help expand number of perspectives in rezoning/text amendment processes 2. Retain regular (7) and alternate (3) membership structure for Board of Adjustment and Watershed Review Board o Variances require 4/5th majority vote to approve o Separate membership roster from Planning Board 3. Create opportunity for creation of a Planning Board subcommittee if/when large-scale ordinance amendments are undertaken o Could include outside members for subject-matter expertise Associated Planning Board Bylaws updates