The Town of Lexington Board of Zoning Appeals approved a variance that will allow a homeowner to rebuild a carport at the property line at 104 Duffy Drive, waiving the town's five-foot setback requirement.

The board voted to approve Variance 252-0251 after hearing from the applicant, staff and board members. The motion approved reconstruction of the accessory structure in the same location it occupied before it was destroyed during Hurricane Helene.

The variance request, submitted by applicant Michael Jack, asked that the replacement carport be set at "0 feet" from the property line rather than the current five-foot setback required under the Town of Lexington setback ordinance. Jack told the board the previous carport "was flipped upside down" during the hurricane and that he wanted to "put it back in the exact same spot." He said moving the structure to another location on the lot was not feasible because of property lines and layout.

A town staff member told the board the requested location would not encroach on the roadway if rebuilt "in the exact same location." The staff member said they had discussed the site with Rudy Edwards, the town's transportation director, and were told the site is not part of a preservation corridor and would not require an encroachment permit if the carport returned to its prior footprint.

Board members noted the structure has existed about 20 years without creating sight-line or traffic hazards. In making the motion to approve, a member cited four findings required under state law for a zoning variance: extraordinary conditions related to the property, uniqueness in the vicinity, unreasonable restriction of use if the ordinance were applied, and no substantial detriment to adjacent properties or the public good. The motion as stated in the meeting record listed those four reasons and moved to approve Variance 252-0251.

The board took a roll-call vote. Drewrey Fife voted yes, Ron Fisher voted yes, and Dawn Weatherly voted yes; the motion passed.

After the vote, the applicant asked about next steps for permits and replacing a fence between properties; staff told him to come to the town office to discuss permit requirements and next steps.

Votes at a glance
- Variance 252-0251 (104 Duffy Drive): Motion to approve variance to allow the carport to be rebuilt at 0 feet from the property line (waiver of five-foot setback). Outcome: approved. Roll-call: Drewrey Fife ' yes; Ron Fisher ' yes; Dawn Weatherly ' yes.
- Approval of meeting minutes: Motion to approve minutes. Outcome: approved (unanimous).

Context and next steps
The board's ruling allows the applicant to pursue building permits consistent with the granted variance; staff advised the applicant to consult with the town on permitting and on replacing a fence between properties. The board also reminded attendees of the statutory appeals process for zoning variances under state law.