Lexington County BZA approves 15-foot setback variance for Cedar Ridge Tree Farm on Priceville Road

The Lexington County Board of Zoning Appeals on an evening hearing approved a variance reducing the required road right-of-way setback for a general retail limited activity at Cedar Ridge Tree Farm from 40 feet to 25 feet, a 15-foot variance that allows the farm’s gift shop to remain in its current position as the applicants pursue a private-road subdivision.

Stacy Nates, deputy zoning administrator for Lexington County, presented the request on behalf of applicants Joey and Jessica Kiesler and described the variance as the result of an “unforeseen circumstance” created when parcels the family planned to subdivide required a private road. Nates said the business previously operated with the building facing a private driveway, which did not trigger the 40-foot road right-of-way requirement; reclassification of that driveway to a private road as part of subdivision approvals created the setback conflict.

The matter matters to the applicants, the presenter said, because reclassifying the driveway would make the gift shop — built in 2018 on a site the family has occupied for generations — noncompliant with the RD (restrictive development) district’s 40-foot road right-of-way setback for a general retail limited activity. The Kieslers sought a reduction to 25 feet so the shop need not be relocated.

Nates outlined the background: Cedar Ridge Tree Farm received a zoning permit for seasonal Christmas tree sales and related activities on Oct. 23, 2024; the activity used two parcels, and buffering requirements were addressed with a consent form from an adjoining property owner. When family members later sought to subdivide and retain the existing driveway land for family use, Lexington County subdivision rules required the creation of a private road (to include a 30-foot easement) along the existing flag/driveway. Because a private road must meet the standard road right-of-way setback, the previously permitted building no longer met the 40-foot requirement and fell 15 feet short.

The applicants provided a written statement, entered into the record, describing family circumstances and the shop’s location on the site of an original 19th-century log home. The statement said the family views the driveway and its live oak trees as heritage features and that creating a new, separate access would be disruptive to family property and use.

Board members asked no recorded substantive questions of staff or the applicants during the presentation. After a brief discussion, a motion to approve the variance was made and seconded. The board recorded the following votes: Charles Kaufman — in favor; Debbie Heim — in favor; Kevin Eubanks — in favor; Keith Moore — in favor; Bruce Innocenti — in favor; Travis Spainhour — in favor. The motion passed unanimously.

Votes at a glance: - Zoning variance (Variance 4-25): motion to grant a 15-foot reduction in road right-of-way setback for general retail limited activity at 2310 and 2312 B Priceville Road (Cedar Ridge Tree Farm). Outcome: approved (6–0). Mover/second: not specified in the record. Notes: variance sought because driveway reclassification to a private road for subdivision created a new road right-of-way setback requirement. - Minutes approval (March 18 minutes): motion to approve minutes as presented. Outcome: approved (5–0; one member excluded from vote). Mover: not specified; seconded by a board member. Note: Keith Moore was excluded from that vote per the record.

The board’s staff indicated Donna Hoover, development administrator for subdivision approvals, participated in advising the applicants on subdivision options and was present at the hearing. Staff also noted the parcels are in Lexington County’s Western Planning Area, zoned RD (restrictive development), located on Priceville Road (an arterial, scenic corridor designation), and lie in Council District 2.

After the votes, the board briefly handled routine business: the BZA scheduled its May meeting for May 20 and noted the possible addition of one to two variance cases for that date. The board also announced Patrick Chambers as a recently appointed member who will join after completing required initial training hours. No other substantive land-use items were discussed at length during this session.

The board’s order and staff presentation will be reflected in the official minutes and in any subdivision plats should the applicants proceed with the Homer's Place subdivision plat contingent on the variance.