Nov 19, 2020 Zoning Board of Appeals

[1. CALL TO ORDER]

[00:00:21]

SCHEDULE ZONING BOARD OF APPEAL MEETING.

UH, WE NORMALLY BEGIN OUR MEETING BY RECITING THE PLEDGE OF ALLEGIANCE THAT WE ALL STAFF BASED, THE FLAG OR SIGN UP LED TO BELIEVE IN THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC OF WHAT YOU'RE SAYING IS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

DO WE HAVE ANY ISSUES WITH THE PUBLIC NOTIFICATIONS? EVERYTHING'S GOOD.

NEXT ONE.

I DIDN'T IS THE ADOPTION

[4. ADOPTION OF AGENDA]

GENTLEMEN, HAVE YOU HAD A CHANCE TO LOOK OVER THE AGENDA? MOVE THE AGENDA, BE APPROVED.

ONE SECOND, GENTLEMEN, MOTION'S BEEN MADE TO ADOPT THE AGENDA IN A SECOND, ALL IN FAVOR AND PASS TO ADOPT THE AGENDA.

UH, APPROVAL OF THE OCTOBER 22ND

[5. APPROVAL OF MINUTES - OCTOBER 22, 2020]

I NOTICED THAT WE HAVE ENOUGH HAIR FOR, UH, THOSE, I WAS NOT AT THAT MEETING CHAIRMAN, TED WILLIAMS WAS NOT AT THAT MEETING.

GENTLEMEN, HAVE YOU GOT THAT UP TO US TO LOOK OVER THIS? ANY LEAST ALECIA'S ADDITIONS, ANYTHING WE NEED TO DO WITH IT BEFORE ADOPTING IT.

IT'S NOT GOING TO GET SOMEONE TO MAKE A MOTION TO ADOPT THE OCTOBER 22ND MEETING.

SECOND MOTION HAS BEEN MADE TO ADOPT THE OCTOBER 22ND MEETING AND SECOND ALL IN FAVOR ABSTAINED FROM US IN THE RECORDS STATE THAT SHOWS THAT MR. WILLIAMS ABSTAIN DUE TO HIS ABSENCE, UH, MEETINGS HAVE BEEN APPROVED ACCIDENT OF ITEM NUMBER SIX.

[6. Mr. & Mrs. Dean are requesting a River Buffer Setback Variance for an Addition from Division 5.11, Table 5.11.60.A of the Community Development Code. The property is located on Tarpon Blvd., Fripp Island. The property is zoned PUD. (R400 039 000 0055 0000)]

UM, THE APPLICANT, DO YOU HAVE UP TO 10 MINUTES TO PRESENT YOUR, AND I DON'T KNOW IF YOU'RE JUST GOING TO BE ONE OF YOU GUYS SPEAKING, YOU GUYS ARE OUT, I'LL BE SPEAKING.

AND MR. DEAN WOULD HAVE A VERY BRILLIANT MARK AFTER THAT.

THE TWO OF US WOULD BE SPEAKING, BUT I WOULD BE DOING MOST OF THEM 10 MINUTES.

OKAY.

ALL RIGHT.

WELL YOU CAN GO AHEAD AND APPROACH THE PODIUM.

OKAY.

DID I LEAVE MY MASK ON OR CAN Y'ALL HEAR ME GOOD ENOUGH.

WE CAN HEAR YOU FINE.

THANK YOU VERY MUCH, MR. CHAIRMAN, MY NAME IS RUSSELL PATTERSON.

I'M RETURNING, UH, FROM HILTON HEAD.

I'M ORIGINALLY FROM BUFORD AND FAMILY'S STILL HERE AND I'M VERY FAMILIAR WITH THIS PROPERTY HAS SPENT A LOT OF TIME GROWING UP OUT AT THE FRONT BILE AND AREA I HAVE WITH ME TODAY, MR. GREGORY, DANG, WHO IS ONE OF THE OWNERS AND HIS MOTHER STELLA DEAN, WHO FLEW IN FROM UP NORTH TO BE AT THE HEARING TODAY.

AND WE HAVE ARCHITECT FOR THE PROJECT, MR. FREDERICTON, IF THERE'S ANY QUESTIONS, THE PROPERTY THAT WE'RE TALKING ABOUT IS ON FOUR 75 TARP END AND THEIR REQUEST TO DO A RENOVATION.

AND WHAT I WANTED TO START OUT WITH IS WHEN THEY FIRST PURCHASED THE PROPERTY, THIS IS WHAT IT LOOKED LIKE IN ABOUT 2017.

AND AS YOU WILL NOTE TO THE LEFT OR THEIR PROPERTY WAS VACANT AND BANNED FROM BUFORD.

I WOULD SAY THAT MOST OF THE, TO THE LEFT OF THEM IS WHAT I WOULD CALL MARSH.

AND THEY CERTAINLY HAD A REASONABLE EXPECTATION THAT NOTHING VERY LARGE COULD BE BUILT NEXT TO THEM.

AND THAT'S WHY THEY WENT AHEAD AND PURCHASED.

THIS PROPERTY HAS ANOTHER VIEW OF THAT.

AND THIS IS THE BEST VIEW OF THE, WHAT IT LOOKS LIKE.

CAN YOU CONCEDE THE VEGETATION? THAT IS VERY TYPICAL, RIGHT? IT'S NOT SPARTINA MARCH RIGHT THERE, BUT THAT IS, I FORGOT THE NAME, BUT THAT IS

[00:05:01]

IT'S VERY LITTLE LAND.

SO WHAT HAPPENED AFTER THEY PURCHASED IS THAT THIS STRUCTURE A VERY LARGE TWO STORY HOUSE WAS CONSTRUCTED ON THE PROPERTY AND THEIR NEIGHBOR.

AND THEY, MY CLOUD WANTED TO MAKE IT VERY CLEAR.

HE GETS ALONG WITH HIS NEIGHBOR AND HE'S NOT MAD AT HIS NEIGHBOR, THE NEIGHBOR, HE DIDN'T THINK DID ANYTHING WRONG.

HIS NEIGHBOR APPLIED FOR A VARIANCE, UH, OF THE RIVER SETBACK BARRON'S, UH, REQUIREMENT.

AND IT WAS APPLIED AND HE WAS ALLOWED TO BUILD, UH, VERY CLOSE TO THE CREEK ACTUALLY.

UH, WE'RE SHOWING THE NEXT PICTURE.

UH, I 11 AND A HALF.

HE GOT A MARRIAGE TO BUILD MR. PATTERSON.

DID IT, DID HE GET A VARIANCE FROM THIS BOARD OR DID HE GET A SETBACK WAIVER FROM THE DIRECTOR? UH, I'LL HAVE TO CHECK.

HOLD ON, WAIT A MINUTE.

I MAY BE IN THE ANSWER TO THAT.

THERE MAY BE MAYBE MS. AUSTIN KNOWS BECAUSE I DON'T, I DON'T RECALL.

YEAH.

I DON'T RECALL A VARIANCE APPLICATION.

WELL, MAYBE HE DID GET A VERY, UH, FROM THE DIRECTOR UNDER THE OTHER CODE PROVISION.

CORRECT.

BUT JUST SO YOU KNOW, WHAT IT SAYS IS THAT WE'RE EXISTING LOTS ARE SO SMALL THAT A SINGLE FAMILY HOUSE CANNOT BE DEVELOPED IN A LOT OF COMPLY WITH THE REQUIRED SETBACK FROM THE OCR AND CRITICAL LINE.

THE DIRECTOR MAY GRANT A WAIVER FROM THE SETBACKS ON ACCORDING TO THE FOLLOWING STANDARDS AND THEN THERE'S ALYSSA STANDARDS RIGHT BEFORE WE WENT BACK, WE HAD BEEN LOOKED AT THAT PROVISION VERY CAREFULLY AS TO OUR CURRENT SITUATION, BUT RIGHT NOW WE'RE, WE'RE NOT PROCEEDING UNDER THAT SECTION, BUT CERTAINLY WE THINK IT MAY BE APPLICABLE TO US GIVEN OUR SITUATION.

BUT SO OUR NEIGHBOR, UH, WAS ALLOWED TO BUILD 11 AND A HALF FEET, AS YOU CAN SEE ON THIS SLIDE FROM THE OCR AND CRITICAL LINE.

AND NOT ONLY THAT, BUT HE WAS ALLOWED TO BUILD IN FRONT OF MY CLIENT'S EXISTING HOME AND BASICALLY BLOCKED THE VIEW OF THE SUNSET.

UH, THAT COULD BE SAME FOR MY CLIENT'S EXISTING PROPERTY.

AND SO AS TIME PROGRESSED AND MY CLIENT'S FAMILY GREW AND THEIR EXISTING HOME IS VERY SMALL COMPARED TO THOSE IN THE AREA IN 1,696 SQUARE FEET, A SINGLE STORY, THEY, UH, WERE LOOKING TO EXPAND IT AND THEY HIRED MR. FREDERICK TO COME UP WITH A PLAN.

AND AS YOU CAN SEE ON THIS SLIDE, THEIR PLAN WOULD GET NO CLOSER TO THE, UH, CREEK SMALL CREEK THAT RUNS BEHIND THESE HOUSES THAN THE EXISTING PROPERTY.

SO WE WOULD MATCH THEIR PROPERTY LINE.

WE WOULD NOT BLOCK THE JOINING PROPERTY OR VIEW.

THERE WAS NOBODY TO THE RIGHT OF OUR PROPERTY.

SO WE WOULD NOT BE INFRINGING ON ANY SOMEBODY ELSE'S VIEW AND THE, UH, THAT SORT OF SETS THE FRAMEWORK.

AND THIS IS A, ANOTHER INSURER, THE SAME THING IN COLOR.

AND THE NEXT SLIDE ARE THE ELEVATIONS FOR THE PROPERTY AND THE ONE ON THE RIGHT SIDE WE CAN OUTSIDE.

OKAY.

SO BASICALLY WE'RE TAKING A VERY OLD STRUCTURE THAT IS MUCH, MUCH SMALLER THAN ANYTHING IN THE AREA AND BRINGING IT UP TO MODERN STANDARDS.

DAVE, UH, WANT TO GO THROUGH THE VARIED PERMIT REVIEW STANDARDS THAT WE ARE REQUIRED TO MEET.

AND THE FIRST ONE THAT I'M SURE Y'ALL ARE FAMILIAR WITH IS ITEM A EXTRAORDINARY EXCEPTIONAL CONDITIONS THAT GENERALLY DON'T APPLY TO OTHER PROPERTIES.

THIS HOUSE WAS BUILT PRIOR TO THE ADOPTION OF THE 50 FOOT SETBACK.

FRIPP ISLAND HAS A POST, A 20 FOOT SETBACK FROM THE STREET.

SO THERE'S VERY LITTLE ROOM TO EXPAND TOWARD THE STREET.

WE HAVE THE UNUSUAL SITUATION OF A HOUSE NEXT TO US THAT WAS GRANTED A VERY SUBSTANTIAL VARIANCE TO GO WITHIN 11 FEET OF THE RIVER, AND ALSO TO BE PLACED MUCH FURTHER AHEAD OF OUR PROPERTY.

AND AGAIN, WE HAVE A HOUSE THAT IS ABOUT FREE PILE AND STANDARDS.

UH, VERY SMALL IN THAT AREA.

IF YOU DRIVE DOWN THERE, IT'S QUITE ON THE SMALLEST HOUSES AROUND.

SO WE THINK WE CAN MEET

[00:10:01]

THE NEXT REQUIREMENT, UH, IS THAT WE ARE NOT IN THIS POSITION AS A RESULT OF ANY ACTIONS BY, UH, UH, THE OWNER, MR. DANE.

AGAIN, THE LAP LENGTH IS ONLY 190 FEET, WHICH SEEMS LIKE A LOT, BUT WHEN YOU HAVE THE DIFFERENT SETBACKS BY THE ARB AND THE COUNTY TO VERY TIGHT WINDOW, WE ALSO HAVE THE UNUSUAL CONDITION THAT WE DIDN'T HAVE ANYTHING TO DO WITH IS THE BARRACKS ARE DISCRETIONARY WAIVER PROVIDED TO THE NEIGHBOR.

AGAIN, WE DIDN'T OBJECT TO IT, AND WE DON'T THINK THERE WAS ANYTHING IMPROPER, BUT IT IS WHAT IT IS.

AND THERE'S A BIG HOUSE SITTING NEXT TO US, UH, THAT IS A BROAD VIEW AND IMPOSING SOME CONDITIONS ON ITEM C, UH, THAT THERE ARE EXTRAORDINARY ACCEPTABLE CONDITIONS.

AGAIN, THAT'S THE SAME ISSUES THAT WE'RE TALKING ABOUT.

THIS IS A VERY SMALL HOUSE.

IT'S TOO SMALL FOR A GROWING FAMILY.

THE PROPOSED IMPROVEMENTS ARE VERY CONSISTENT WITH EVERYTHING IN THE AREA.

IF YOU LOOK DOWN THAT STREET, UH, THERE ARE VERY FEW HOMES THAT ARE OF THIS SIZE AND IT'LL BE APPROVAL LAWS.

IT WILL BE VERY CONSISTENT WITH WHAT WAS GRANTED TO OUR NEIGHBOR WHO HAS A HOUSE.

AND AGAIN, WE'RE GOING TO MATCH TO THE SAME, UH, DISTANCE THEY ARE.

THEY THAT KIND OF CARE HAD D WE WOULDN'T HAVE ANY SPECIAL PRIVILEGE THAT'S DENIED TO OTHER LANDOWNERS ARE STRUCTURED, CERTAINLY SITUATED AGAIN.

WE'RE MATCHING EXACTLY WHAT'S NEXT DOOR.

AND THERE, WE WOULD NOT BE BLOCKING ANYBODY IN VIEW BECAUSE THERE'S NOBODY NEXT DOOR THAT THERE NOW ITEM E IS THE FERRY PERMIT IS THE MINIMUM NECESSARY.

AGAIN, WE'RE JUST GOING TO MATCH JUST A LITTLE BIT FURTHER AND CLOSER TO THE CREEK AND TO ALIGN TO THE EXISTING PROPERTY OWNER.

WE'RE NOT SEEKING TO GO EVEN FURTHER OUT THAN OUR NEIGHBOR WAS ALLOWED.

AND IS THE BIRD PERMIT IN HARMONY WITH THE GENERAL PURPOSE? UH, WE HAVE, IF YOU GO BACK TO THE SLIDE SHOVES THE SITE PLAN ARCHITECT AND HAS DONE A GOOD JOB, UH, THE INSTALLING, UM, STATE OF THE YARD, UH, STORM WATER RUNOFF, RAIN GARDENS, AND TWO LARGE UNDERGROUND CISTERNS, A WAY THAT THOSE SYSTEMS WILL PROTECT THE MARCH FRONT FROM TOO MUCH FRESH WATER.

AND THAT WE WILL BE ABLE TO RETAIN THE FRESH WATER THAT IS GENERATED OFF OF THE STRUCTURE.

THEY GOING BACK TO ITEM G THAT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AGAIN, WITH THE STORMWATER RETENTION AND BEING CONSISTENT WITH THE ADJOINING PROPERTIES.

WE BELIEVE THAT THAT CRITERIA IS ALSO MET.

UH, WE THINK THE OVERALL IMPACT OF WHAT WERE ARE PLANNING TO DO OR REQUESTING IS, IS NOMINAL.

AND THERE'S ALSO A SENSE OF FAIRNESS TO ADDRESS A PROBLEM THAT WAS CREATED, UH, WHEN THE, UH, DIRECTOR, UH, USED ITS DISCRETION TO ASSIST THE ADJOINING PROPERTY OWNER AND DEALING WITH THERE A LOT.

THAT WAS VERY GOOD.

THE SMALLEST ONE IS THAT PROBLEM, MR. PATTERSON, THAT WAS CREATED THE PROBLEM NEXT DOOR ARE THE PROBLEM WE HAD THE PROBLEM, THE PROBLEM THAT YOU HAD THAT SAYS, OKAY, IS THAT, UM, WHERE WE USED TO HAVE A VIEW AND WHERE ANYBODY THAT LIVED AROUND HERE WOULD HAVE LOOKED AT THAT LOT AND SAW THAT IT WAS 90% BARGE COULD HAVE REASONABLY ASSUME THAT NOBODY'S GOING TO BE BUILT IN THERE.

THEY BUILD SOMETHING.

IT'S CERTAINLY NOT GOING TO BE THE, TO THE SIZE THAT WAS SHOWN IN THIS PHOTOGRAPH HERE, NOR WOULD IT BE ALLOWED TO GO FURTHER TOWARD THE CREEK, THEN THE CLIENT'S EXISTING PROPERTY.

AND SO THAT'S WHAT WE THINK IS UNIQUE ABOUT THIS SITUATION.

UH, SO, SO WHAT'S UNIQUE ABOUT THIS.

YOUR CLIENT'S PROPERTY IS WHAT HAPPENED ON THE ADJACENT PROPERTY.

THAT'S WHAT THE MAINLY IS THE UNIQUE SITUATION.

PLUS WE'VE GOT THESE SETBACKS WHERE WE REALLY CAN'T GO FORWARD TOWARD THE STREET.

UM, AND SO THAT, THAT'S WHAT MADE THE UNIQUE CIRCUMSTANCES WHERE LIKE THE SITE PLAN DOES SHOW THAT YOU AREN'T THERE THERE'S A NEW PORCH BEING ADDED ON TOWARDS THE STREETS WITH IT.

AND IT LOOKS LIKE FROM WHERE THE MAIN FOUNDATION IS, IT'S PROBABLY ANOTHER 20 FEET THAT YOU

[00:15:01]

THERE IS SOME IMPROVEMENT BEING ADDED TO TOWARD THE STREETS.

SO I DON'T WANT TO GIVE IT TO THAT SHOWN ON THE PLAN THAT SOME OF IT'S GOING TO BE ON THE STREET.

SO I WOULD LIKE TO MR. DANE, JUST TO HAVE HIM SAY A FEW WORDS FROM HIS PERSPECTIVE AS A PROPERTY OWNER.

THANK YOU, MR. WILLIAMS, MR. MCGINNIS, MR. MITCHELL AND CIM CHEMSEX.

THANK YOU.

I KNOW IT'S HARD TO COME OUT HERE DURING THIS PANDEMIC.

I I'VE BEEN, EVEN THOUGH I'M LIVING IN PHILADELPHIA NOW, I'VE BEEN ASSOCIATED WITH BUFORD REALLY FOR 30, 40 YEARS, I WENT TO MIDDLE SCHOOL AT BUFORD ACADEMY.

MY FAMILY HAS LIVED IN BUFORD SINCE THE MID EIGHTIES.

MY PARENTS LIVED HERE.

THEY LIVE ON SAM'S POINT ROAD.

AND AS A FAMILY, WE WANTED TO COME DOWN HERE AND HELP OUR PARENTS AGE IN PLACE.

AND SO WE BOUGHT, WE BOUGHT THIS PROPERTY, WE LOOKED AT IT WHEN WE PURCHASED IT, IT WAS ON, UH, YOU KNOW, WE WANTED MARSH VIEWS.

WE COULD HAVE BOUGHT A BEACH PROPERTY.

WE DID IT.

WE REALLY WANT TO BE HERE.

AND AS WE LOOKED AT IT, WE WEREN'T EXPECTING THAT THE PROPERTY NEXT DOOR COULDN'T BE BUILT.

WE JUST DIDN'T EXPECT THAT IT WOULDN'T GO BACK DEEP INTO THE MARSH.

AND I THINK THAT, UH, YOU KNOW, OUR, OUR HOPE IS THAT WE CAN BUILD A PROPERTY WHERE WE CAN STILL RETAIN SOME OF THE REASONS WHY WE PURCHASED THE PROPERTY.

WE WANT TO BE IN A LOCATION WHERE WE CAN HAVE MY AGED PARENTS AGE IN PLACE.

WE HAVE SPACE FOR THEM WITHIN THAT HOUSE.

UH, WE'RE PLANNING ON RETIRING HERE.

AND, UM, AGAIN, IT WAS A SURPRISE.

I UNDERSTAND THAT, YOU KNOW, THE LAW AND THE WAY THE ZONING WORKS CAN SOMETIMES SURPRISE PEOPLE, BUT WE WERE FRANKLY SURPRISED BY THE SITUATION.

AND AGAIN, WE, WE BEAR NO ILL TO OUR NEIGHBOR.

WE WERE HERE FOR THE LONGTERM.

AND I THINK THAT, UM, THE, THE PLAN THAT, UH, THAT, THAT WAS DRAWN UP WAS ONE THAT WE FELT WOULD BE CONSISTENT WITH THE NEIGHBORHOOD CONSISTENT WITH THE PROPERTY.

AND, UH, WE'VE GOTTEN STRONG SUPPORT FROM FRED, FROM THE VIOLENT OWNERS ASSOCIATION.

AND WE'RE JUST HOPING TO MOVE FORWARD WITH THIS, BUT I UNDERSTAND, I, YOU KNOW, AGAIN, I VERY MUCH APPRECIATE YOUR ATTENTION TO THIS, BUT IT MEANS A LOT TO OUR FAMILY.

SO THANK YOU.

OKAY.

THAT WOULD CONCLUDE OUR PRESENTATION UNLESS ANYBODY HAS ANY QUESTIONS.

YES, SIR.

I HAVE, UH, WATER AND ASSIST ROOMS. WE PLAN ON USING THAT MORE IS IRRIGATION.

I ANSWERED.

SURE.

WE'LL GO TO THIS RAIN NOW OPERATE TO KEEP IT THERE'S RAIN GARDENS AND THE SYSTEMS AND THE SYSTEMS TO BE USED FOR IRRIGATION.

THE RAIN GARDENS ARE JUST TO BUFFER THE RUNOFF.

OKAY.

HAVE ANY CONSIDERATIONS INTO YOUR PLAN? UH, YOU KNOW, RE MODIFYING TO TRY TO MINIMIZE THE ENCROACHMENT INTO THE RIVER BUFFER AREA, MAYBE UTILIZING SOME OF THE FRONT PORTION OF THAT HOUSE.

WE ADDED THE ADDITION TO THE FRONT AND WE GOT A VARIANCE FROM THE REVIEW BOARD FOR A TEMPLATE.

VERY SO, SO THERE'S A 20 FOOT FRONT YARD SETBACK.

AND THEY ACTUALLY, THEY DIDN'T, WE ASKED FOR A 10 FOOT AND THEY SAID, THEY'D GIVE US A SEVEN FOOT.

I MEAN, EVERYBODY, EVEN A 14 FOOT.

SO, SO WE, WE HAVE TRIED TO PUSH IT TOWARDS THE STREET.

OKAY.

SO WHAT DOES NEW CONSTRUCTION IN THE FRONT? WHAT DOES THAT MEAN? WHAT'S BEING BUILT RIGHT BEFORE THAT POINT.

WHAT IS THAT? IT'S A FOUR YEAR.

OH YEAH.

THE LITTLE ROOMS. WHY NOT EXPAND THAT LATERALLY ACROSS THE FRONT OF THE HOUSE, THAT PROPOSED ADDITION THAT WOULD GIVE YOU MORE ROOM THERE INSTEAD OF, AND IT'S OUTSIDE OF THE RIVERBED, THERE'S TWO GARAGE.

YOU CAN SEE IN THE PICTURE UNDER THE HOUSE, THERE'S TWO GARAGES ON THE INNER SIDE, THERE'S TWO DRIVEWAY.

AND IF YOU WEREN'T ON EXPANDED, YOU WOULD, YOU WOULD HAVE TO GO UNDER THE, THAT THEY EXPANSION ON.

YEAH, IT WOULD LOOK FROM THE FACADE.

LIKE YOU JUST BROUGHT THE GARAGES OUT FURTHER, BUT IT WOULD GIVE YOU ABOVE IT A SUBSTANTIAL AMOUNT OF ADDITIONAL LIVING ROOM.

[00:20:20]

CAN I APPROACH? AND, AND MY POINT IS, WHY NOT BRING THIS OUT? SO YOU'VE GOT ALL THESE ADDITIONAL LIVING ROOM AND THAT WAY YOU DON'T HAVE TO DO AS HARD, YOU CAN BRING SOME OF THAT TO THE FRONT.

YOU DON'T HAVE TO ENCROACH AS FAR INTO THE RIVER.

I MEAN, SOME OF IT IS FROM MY PERSPECTIVE, IN A WAY IT WAS, AND THE MOST HOUSES IN THAT AREA ARE NOT RIGHT UP AGAINST THE STREET.

UH, YOU KNOW, MOST HOUSES ARE, WE HAVE A, AGAIN, IT DOESN'T REALLY MATTER NECESSARILY WHERE WE LIVE.

WE LIVE IN A VERY SORT OF OPEN SPACE IN OUR, OUR PRIMARY HOUSE.

AND WE'RE NOT, WE DIDN'T BUY THIS PROPERTY TO BUILD SOMETHING, TO BE A BUDDING UP AGAINST THE STREET.

SO I THINK THAT'S PART OF IT.

SO WHEN WE LOOKED AT THIS DESIGN, IT WAS REALLY BALANCING WHAT OTHER HOUSES HAD THAT YOU DIDN'T HAVE HOUSES, UH, BUILT UP, YOU KNOW, CLOSE TO THE STREET.

AND WE WANTED TO ALSO RETAIN THE APPEARANCE OF THE PORCH AND REALLY THAT SORT OF WELCOMING, UH, UH, APPEARANCE.

SO THAT, THAT SAID IT'S, IT'S AESTHETICS.

AND MR. D AND MAYBE, MAYBE THIS SHOULD BE ADDRESSED TO MR. PARIS.

THE PROBLEM I HAVE IS THAT UNDER THE CRITERIA, THE HARDSHIP THAT YOU ALLEGED HAS TO GET YOU TO THE POINT WHERE YOU ARE PROHIBITED OR UNREASONABLY RESTRICTED FROM THE UTILIZATION OF YOUR PROPERTY.

SURE.

CERTAINLY YOU'RE NOT PROHIBITED FROM THE UTILIZATION OF THE PROPERTY BECAUSE I DON'T, AND I'M NOT SURE I CAN GET TO THE POINT WHERE YOU'RE UNREASONABLY RESTRICTED, I WOULD SAY.

AND I DON'T KNOW IF WE CAN FLIP BACK TO SLIDE THREE OR FOUR ON OUR, ON THE PLEASE VOTE.

OKAY.

SO, SO I THINK HERE AGAIN, WHEN I LOOK AT IT, AND I KNOW THAT THERE'S A DIFFERENCE BETWEEN, UH, HAVING A BUILDING NEXT TO, AND NOT HAVING A BUILDING NEXT TO YOU, BUT AGAIN, LOOKING AT IT HERE, YOU CAN SEE THAT THE MARSH DROPS OFF INTO THE DISTANCE.

THE PROPERTY BASICALLY WAS FALLING OFF WHEN WE BOUGHT THIS.

IF I HAD LOOKED AT THIS AND THERE WAS A BUILDABLE LOT THAT WAS A FLAT AND EXTENDED OUT, OR IT WASN'T MARSH.

I WOULDN'T, I WOULDN'T HAVE BOUGHT IT.

IF I KNEW THAT THERE WAS A PROPERTY THERE, I WOULDN'T HAVE BOUGHT IT.

AND I KNOW THAT AGAIN, YOU'RE NOT HERE TO SORT OF HELP ME IN WHATEVER BAD DECISIONS THAT I MADE, BUT WE BOUGHT THIS PROPERTY REALLY FOR THE, THE AMBIANCE THAT WE'RE GOING OUT THERE FOR A REASON.

AND I THINK THAT RIGHT NOW, WHEN THEY BUILT THAT IN ORDER TO BUILD IT, THEY ACTUALLY BUILT A WALL LIKE A THREE-FOOT WALL, BECAUSE THERE WAS NO LAND THERE.

AND SO WHEN I COME TO THIS HOUSE, YOU KNOW, IT DOESN'T, IT'S NOT THE REASON.

IT'S NOT THE PLACE THAT WE WANT TO.

UH, AGAIN, IT'S STILL A NICE, I'M NOT SAYING IT'S BAD, BUT FROM A, FROM THE HARDSHIP IS REALLY THAT ANYTIME YOU HAVE A PROPERTY LIKE THIS, IT'S A PRIVILEGE TO HAVE IT.

AND THERE'S A REASONS WHY YOU BOUGHT IT.

AND WE BOUGHT IT FOR THE NATURAL ENVIRONMENT THAT IT WAS IN.

AND WE WANT TO HAVE A BALANCE OF THE PROPERTY.

WE WANT TO LOOK AT IT AND SAY AGAIN, HOW DO WE MAKE IT? WHAT HAPPENS WHEN THEY BUILD ON THE OTHER SIDE OF YOU? THE OTHER THERE'S ACTUALLY, UH, WE ALREADY HAVE A 10 FOOT, UH, THERE'S NO PROPERTY NEXT TO US.

IT'S A RIGHT OF WAY.

SO WE HAVE A RIGHT OF WAY.

AND THEN THERE'S FURTHER MARSH OFF TO THE OTHER SIDE.

SO THERE ISN'T GOING TO BE A PROPERTY ON THE OTHER SIDE.

SO IT REALLY COMES DOWN TO US, REALLY TRYING TO RETAIN.

WE'RE NOT, IT'S NOT GOING TO BE THE SAME AS THIS.

WE KNOW THAT WE'RE NOT GOING TO LOOK AT IT AND GO, YOU KNOW, THERE IS A MARCH.

WE, WE ACCEPT THAT, BUT WE JUST WANT TO HAVE, AGAIN, COMING TO THE PROPERTY WHERE WE HAVE A NICE OPEN FRONT AREA, TO THE EXTENT THAT WE CAN, WE WERE ALWAYS PLANNING ON ADDING ON AND BUILDING.

AND WE KNEW THAT MY PARENTS WERE IN THEIR MID AND LATE EIGHTIES WOULD COME IN AND LIVE IN A PART OF THE HOUSE.

WE WANT TO HAVE ENOUGH SPACE FOR THAT TO HAPPEN.

AND WE DIDN'T WANT TO JUST BUILD A BIG BLOCK.

THAT WAS A BUDDING UP AGAINST THE FRONT OF THE STREET.

SO THOSE ARE, THOSE ARE ALL THE REASONS WHY.

AND AGAIN, I THINK IT, IT, WE WERE VERY CAREFUL TO, WHEN WE WENT TO MICHAEL FREDRICK TO MAKE SOMETHING THAT WOULD REALLY BRING VALUE TO THE STREET, MAKE IT LOOK CONSISTENT WITH THE OTHER PROPERTIES THAT WERE THERE.

AND, AND THAT'S, THAT'S IT.

I MEAN, YOU CAN, AGAIN, GOING BACK TO THIS, I KNOW THAT WHATEVER HAPPENED TO THE OTHER NEIGHBOR SHOULDN'T, SHOULDN'T, UH, IMPACT YOUR DECISION-MAKING.

BUT WHEN

[00:25:01]

AND OBVIOUSLY THE DISCUSSION WITH WHO, WHICHEVER POWERS WERE IN PLACE TO MAKE THOSE DECISIONS, THEY DIDN'T COME UP CLOSE TO THE FRONT.

THEY DIDN'T BUILD UP CLOSE THE FRONT.

THEY COULD HAVE DONE TO A CERTAIN EXTENT AND DONE SOMETHING SIMILAR TO WHAT YOU'RE DESCRIBING.

AND IT WASN'T DONE THAT WAY.

SO I THINK, AGAIN, IT'S ABOUT BALANCING.

WHEN I LOOK AND I DIDN'T, YOU'RE NOT SEEING THESE PHOTOGRAPHS.

WHEN I LOOK, WHEN I STAND ON THE BACK CORNER OF THE HOUSE, I LOOK UP, I SEE, YOU KNOW, 10, 15 FEET UP THIS GIANT STRUCTURE OFF TO THE SIDE.

WE, WHEN WE FIRST MOVED IN THE HOUSE, WE HAD BARBECUES IN THE BACKYARD.

IT'S JUST TRYING TO GET OUT TO THE, THE REASON THAT WE WANT TO BE HERE IS FOR THE MARSH.

WE COULD HAVE BOUGHT A HOUSE ON THE BEACH.

WE COULD HAVE BEEN THERE.

WE WANT IT TO BE IN THE LOW COUNTRY AND REALLY LOOK AT THAT WATER AND USE THE PROPERTY THE WAY WE THOUGHT WE WOULD.

HOW, HOW MUCH OF A VARIANCE DID REFILING GIVE YOU TO COME? SO IT GO TOWARDS THE, FOR THE SETBACK ON THE STREET.

IS IT 70 GOALS? DO YOU KNOW HOW CLOSE? I THINK WE ASKED FOR A CERTAIN AMOUNT AND THEY ACTUALLY WOULDN'T GIVE IT ALL OF IT TO US.

CAUSE I DO KNOW PROVENANCE.

YOU DIDN'T HAVE TO HAVE A PLACE TO PARK AND YOU CAN'T JUST PUT STUFF UNDER, YOU KNOW, PARK ALL THE CARS INTO THE HOUSE.

I DO UNDERSTAND HOW THAT ROAD IS VERY TIGHT.

THAT'S WHY I'M ASKING.

YEAH.

IT'S GOING TO CUT DOWN A LOT OF, THERE'S A LOT OF PARKING THAT GOES ON IN FRONT OF THE HOUSE.

SO WE'VE ALREADY PUSHED THAT IN THAT DIRECTION.

I DON'T KNOW.

I KNOW THAT IT WAS CUT BACK.

YEAH.

WE ASKED FOR A 10 FOOT PARENTS INTO THE 25 AND THEY SAID, WELL, YOU CAN SHORTEN THAT STAIRCASE AND MAKE IT A COUPLE OF STAIRS.

LOOK, WHY ARE THERE LONGER? SO THEY SAID, HEY, HE WAS SEVEN FEET INSTEAD OF YES.

I SAID SEVEN, NOT 10.

AND OVERALL YOU'RE GOING FROM THE, WHAT'S THE SIZE OF THE HOUSE NEXT TO IT.

THE SQUARE ABOUT 4,000 SQUARE FEET.

AND OUR HOUSE IS 1600.

OH, YOU ALREADY FINISHED, SIR? UM, ONE MORE QUESTION.

SO YOU'RE ASKING RIGHT NOW YOU'RE, UH, I MEAN IT APPEARS TO BE, UM, YOUR HOUSE IS APPROXIMATELY WHAT, 40 FEET FROM THE CRITICAL LINE.

35.

OKAY.

IT'S 35 AND YOU'RE OUR VARIANTS.

WE WANT 22 FEET.

I BELIEVE WE WANT 20 TO THE NEIGHBORING HOUSE.

I THINK GOT AS LITTLE AS EIGHT, BUT I THINK THEY BUILT TWO 11.

I MEAN, THEY'RE, THEY'RE CRITICAL LINES, A LOT DIFFERENT I COULD WRITE.

I MEAN, THEY WOULD HAVE TO BE ON THE STREET AND COULDN'T EVEN PARKING CHARTERS WERE 24, 24 ON ONE SIDE AND 22 ON THE OTHER.

OKAY.

IT COMES BACK IN TOWARDS, AND YOU'VE HAD THE HOUSE FOR TWO AND A HALF YEARS SINCE 2017.

AND THERE WASN'T A STRUCTURE THERE WHEN WE, AND AGAIN, WE'VE BEEN LOOKING FOR A WHILE BECAUSE OF MY PARENTS.

SO, UM, TO KNOW THE ANSWER TO THE QUESTION, MR. WILLIAMS ASKED EARLIER ABOUT HOW THE NEIGHBORING HOUSE BY WHAT, UH, I HAD ALREADY WAS THAT ALLOWED TO BE BUILT? YES.

UH, I DO HAVE THE ZONING PERMIT AND IT SAYS THE STAFF CAME REVIEW GRANTED A RIVER BUFFER WAY THAT WAIVER ON JUNE.

HEY, SO IT LOOKED LIKE IT WAS A DISCUSSIONARY.

UH, OKAY.

BECAUSE I THINK CLEARLY WHEN YOU LOOK AT WHAT YOU'VE PRESENTED WITHOUT SOME SORT OF WAIVER OR VARIANTS, THAT LOT IS ON BUILDABLE.

AND I THINK IT'S, I DON'T, I DON'T THINK IT'S A LEGITIMATE GROUND TO THINK THAT WELL, THE LOT NEXT DOOR TO ME IS NEVER GOING TO BE BUILT ON, BUT THEN WHEN IT GETS BUILT ON MORE THAN I NEED A VERY INSTANT INCREASE THE SIZE OF MY HOUSE.

AND WHAT YEAR WAS THAT? YOU SAID JUNE EIGHT OF WHAT? YEAR? 2016, 2016.

HEY, 2016 IN THE ZONING PERMIT WAS DATED MARCH 7TH, 2018.

WE WILL HAVE QUESTIONS.

WELL, I HAVE ONE.

YES, SIR.

SO, UH, MR. D YOU SAID YOU PURCHASED THE HOUSE IN 2017,

[00:30:01]

SO THESE PEOPLE ALREADY HAD THIS PERMIT WHEN YOU PURCHASED THE HOUSE.

THAT'S RIGHT NOW WE, WE WERE, AND AGAIN, YOU KNOW, IN TERMS OF DUE DILIGENCE, UH, I, THERE WAS NOTHING ON THE, UM, DISCLOSURE THAT INDICATED THAT ZERO AND, UH, NO ONE CONVEYED TO US.

AND AGAIN, IT'S NOT SOMETHING THAT WOULD BE THERE.

WHAT DISCLOSURE IS THAT THIS IS A PURCHASE DISCLOSURE, THAT THERE WAS A, UH, A VARIANCE THAT WAS AN UNUSUAL VARIANCES.

YOU MEAN THE STANDARD SOUTH CAROLINA, RESIDENTIAL PROPERTIES THAT DEALS SOLELY WITH THE PROPERTY THAT YOU'RE BUYING.

AND IT DOESN'T DEAL WITH JASON PROPERTIES.

I UNDERSTAND YOU WOULDN'T EXPECT TO SEE THAT IN THERE.

I UNDERSTAND, BUT THERE WAS NO INDICATION FROM, FROM, FROM ANY FOLKS.

AND, UH, AGAIN, THIS WAS PRESENTED TO US BY THE REALTOR, AS THIS IS THE BEST LOT ON FOR VIOLENT.

WHY DO YOU WANT TO GO AND BUY IT? WE HAD A BEACH HOUSE THAT WE BOUGHT.

WHY DO YOU WANT THAT? LOOK AT THIS, LOOK AT THE ABUSE THAT'S GOING ON WITH THEM, YOUR, THIS IS IT.

AND SO, AS I SAID, THAT'S, THAT WAS THE ENVIRONMENT THAT WE CAME INTO WHEN WE MADE THIS PURCHASE.

WE OVERPAID IN PART BECAUSE OF A LOT WE OWE, WE ACTUALLY ARE THE BANK VALUE, A LOAN TO VALUE RATIO WAS SUCH THAT THE, UH, THIS WAS NOT CONSIDERED OF THAT VALUE THAT WE PAID BECAUSE IT WAS FOR THE LOT.

AND SO, AS I SAID, AND THERE WAS ZERO KNOWLEDGE THAT, THAT THIS UNUSUAL VARIANCE WAS IN PLACE TO CREATE THIS OTHER ISSUE.

SO THAT'S HOW THIS THING TRANSPIRED.

MY PROBLEM IS, I MEAN, I DON'T SEE THAT, THAT THERE'S A GROUNDS FOR YOU TO GET A VARIANCE, JUST BECAUSE, BECAUSE OF WHAT HAPPENED ON THE ADJACENT PROPERTY, YOU KNOW, I, AGAIN, IT COMES DOWN TO, FROM US, OUR INTENT, OUR VALUE, WE PAID VALUE FOR A LOT.

THAT WAS A SPECIFIC, YOU KNOW, THE LOT THAT WE'VE PURCHASED BASIC UNDERSTANDINGS OF THINK YOU PROBABLY WOULD COME INTO WITH THE SAME BELIEF.

AND I THINK THAT WE DIDN'T DO ANYTHING IN TERMS OF NOT GOING THROUGH ANY NORMAL DILIGENCE OR EXPECTATION THAT ANYONE ELSE WOULD.

AND YOU'VE ALREADY SAID THIS OTHER LOT WAS UNBUILDABLE.

YOU LOOK AT IT AND YOU'RE LIKE, WHY WOULD YOU CAN'T BUILD IT? THEREFORE, WHY WOULD ANYONE BELIEVE THAT IT WOULD BE BILLABLE? WHY WOULD I HAVE THE KNOWLEDGE THAT SOMEONE COULD CONSTRUCT, YOU KNOW, COULD CREATE IT, GET THIS VARIANCE NOW.

AND AGAIN, IT DOESN'T MATTER BECAUSE ONCE YOU HAVE IT, YOU HAVE IT.

AND YOU COULD ARGUE THAT I SHOULD HAVE GONE AND SEARCHED FOR THE COUNTY RECORDS.

AND AGAIN, IT'S JUST COMING DOWN TO ME, A HUMAN BEING, LOOKING AT THIS, LOOKING AT THIS BREAK PROPERTY AND REALLY TRYING TO CREATE A HOME AND A PLACE FOR MY FAMILY.

SO THANK YOU.

SO WHEN YOU PURCHASED THIS LAND, THIS HOUSE WAS ALREADY THERE.

NO, IT WASN'T.

IT WAS NOT, IT WAS, WAS PERMITTED, BUT IT WASN'T.

DID YOU KNOW THAT SOMEONE ELSE OWNED IT OR DO YOU THINK IT WAS JUST NO, NO.

WE KNEW THERE, I THINK EVERY LOT IS OWNED ON FOR VIOLENT.

OTHER THAN IF YOU HAVE A, YEAH.

OTHER THAN IF YOU HAVE A, UM, OTHER THAN IF YOU HAVE A RIGHT OF WAY, THERE WAS, WE KNEW THERE WAS A RIGHT OF WAY NEXT TO US.

AND MANY OF THOSE UNBUILDABLE LOTS, THEY'RE BASICALLY DESIGNED FOR PEOPLE ACROSS THE STREET, WE'LL BUY THEM AND THEN THEY'LL GO ACROSS AND, AND USE IT TO GAIN ACCESS.

SO, I MEAN, AGAIN, WE'RE JUST COMING INTO THIS, JUST TELLING YOU WHAT WE BELIEVED, WHAT WE ASKED FOR, WHAT WE LOOKED AT, AND NOW WE'RE LEFT IN A SITUATION WHERE WE STILL WISH THAT.

AND AGAIN, YOU KNOW, YOU COULD SAY, WELL, YOU DIDN'T BUY THE OTHER PROPERTY, BUT WE KNOW THAT IT'S NOT GOING TO BE THE SAME, BUT WE'RE JUST TRYING TO MAKE IT AS RIGHT AS WE CAN FOR OUR FAMILY.

THAT'S ALL WE'RE ASKING FOR.

SO THANK YOU AGAIN.

THANK YOU, MR. D.

THANK YOU, MR. CHAIRMAN, THANK YOU FROM THE COUNTY.

WE DON'T HAVE MUCH TO SAY.

I THINK THE RECORD IS PRETTY CLEAR THAT, YOU KNOW, THERE WAS NO, UH, HARDSHIP HERE FOR THIS PARTICULAR PIECE OR FOR THIS PARTICULAR PIECE OF PROPERTY BASED ON THE SIZE SHAPE OF TYPOGRAPHY THAT PREVENTS THE REASONABLE USE OF THE PROPERTY AS IT CURRENTLY IS.

I MEAN, THE PLAT, IF YOU LOOK, AND WE CAN GO THROUGH ALL THE STORIES, IF YOU LOOK AT THE SURVEY THAT WAS, UM, DON IN 2017, UH, LOOK AT THE LEFT SIDE AS CLEARLY SALES LOCK TWO HAS AN ADDRESS LISTED.

IT HAS A PROPERTY ID NUMBER LISTED.

SO, YOU KNOW, WHETHER THEY KNEW IT WAS A BUILDABLE LOT OR NOT IS AGAIN, UH, AS A MEMBER WILLIAMS SAID, UM, IT'S NOT, UM, WHAT HAPPENS ON THE ADDICT'S OUT LOT IS NOT, UH, NOT A TYPICAL OF CRITERIA FOR YOU, UH, GETTING RELIEF ON AN EXISTING LOT.

SO WE DID GRANT A WAIVER, UH, IN ACCORDANCE WITH THE COMMUNITY DEVELOPMENT CODE FOR THE ADJACENT PROPERTY.

AS YOU, YOU CAN LOOK AT THE SITE PLAN AND TAIL THAT

[00:35:01]

SO, UM, COULD IT HAVE BEEN REDESIGNED TO NOT GO SO FAR BACK IN THE BUFFER PROBABLY, BUT AGAIN, YOU KNOW, IT IS ONE OF THOSE PARTICULAR ISSUES THAT STAFF DOES THE BEST THEY CAN, BASED ON THE INFORMATION THEY HAVE.

WOULD THIS BE DIFFERENT IF IT WAS A, I GUESS IT WOULD BE DIFFERENT IF THERE WAS A NEW HOUSE AND THEY, UM, WANTED TO KEEP IN THE CHARACTER OF THE SIZE OF THE HOUSE ADJACENT TO THEM.

I WAS JUST, WELL, I DON'T KNOW THAT IT'S WRITTEN, RIGHT.

I MEAN, FROM A REALITY STANDPOINT, DO THEY MEET ALL THE FOUR CRITERIA FOR A HARDSHIP ON A, IN MY MIND, UH, TO, FOR RELIEF NOW, IS IT GOING TO CREATE A PROBLEM IF THEY DON'T, IF THEY'VE RECEIVED THE RELIEF? I THINK EVERY CARE HAS BEEN TAKEN HERE WITH THE DESIGN ELEMENT, TO THE ADDITION AND THINGS LIKE THAT FOR THE ENCROACHMENT IN THE BUFFER TO WHERE IT'S NOT GOING TO BE AN ENVIRONMENTAL IMPACT, IT'S NOT GONNA CAUSE ANY DETRIMENTAL ISSUE TO THE BUFFER.

YOU KNOW, THE MARSHALL IS STILL GONNA BE THERE.

THE CANAL IS STILL GOING TO BE THERE.

THERE'S GOING TO BE NO ADDITIONAL RUNOFF INTO THE, UH, INTO THE WATERWAYS.

AND IT'S GOING TO NEGATIVELY IMPACT, UH, THE WATER.

THERE'S NO VEGETATION THAT I KNOW OF A SUBSTANTIAL VEGETATION THAT'S BEING REMOVED FROM THIS LOT.

I MEAN, YOU'RE PRETTY MUCH DEALING WITH AN OPEN AREA HERE.

SO, YOU KNOW, YOU ALL HAVE TO DECIDE WHETHER OR NOT THERE'S ANY DETRIMENTAL IMPACT TO GRANTING REASONABLE RELIEF IN THIS PARTICULAR SITUATION TO LINE THE BUFFER UP WITH THE ADJACENT HOUSE.

AND I THINK THAT'S, I THINK THAT'S THE KEY, I AM CONCERNED ABOUT THE DEGREE OF THE CONSTRUCTION OCCURRING ON THIS LOT.

UH, WITH THIS ADDITION, UM, I DON'T KNOW WHAT'S GOING ON IN FRONT.

UM, THAT REALLY CONCERNS ME MORE BECAUSE I DON'T KNOW THAT THAT'S GOING TO EVEN MEET COUNTY SETBACKS.

AND I DON'T KNOW IF WE'VE REVIEWED THAT OR NOT.

THEY MAY NEED TO COME BACK FOR YOU FOR A VARIANCE ON THAT AS WELL, UH, FROM THE COUNTY, UH, FOR THAT.

SO I'M MORE CONCERNED ABOUT THAT PART.

AND THEN I AM ABOUT THE BACK PART ON, INTO THE BUFFER, HONESTLY, I MEAN, WITH A NEW CONSTRUCT WITH, AS THE NEW CONSTRUCTION AND THE PROTESTS, THE CONSTRUCTION NEWPORT IN THE STEPS.

I DON'T KNOW IF THEY MEET IN THE FRONT SETBACK.

I DON'T, I DON'T KNOW WHAT THAT IS.

I DON'T SEE HOW CLOSE THEY ARE.

I THINK THEY SAID 10 FEET, BUT I DON'T KNOW WHERE THEY MEASURED THAT, BUT DAMN IT, YOU ALL, YOU ALL UNDERSTAND THE FACTS.

I DON'T NEED TO SAY ANY MORE ABOUT, YOU KNOW, WHETHER OR NOT THERE'S A REALLY A HARD SHIELD HERE.

I THINK IT'S GOING TO COME DOWN TO YOU AS OKAY.

IF I OWN THE PROPERTY AND SOMEBODY BUILT THIS NEXT DOOR TO ME, WOULD I THINK BEING GRANTED RELIEF FOR MY PERSONAL SITUATION, IF I'D HAVE BOUGHT THIS HOUSE, UH, WOULD IT, WOULD YOU THINK RELIEF IS, YOU KNOW, FAIR, UH, FOR SOMEONE TO BE ABLE TO LINE THEIR HOUSE UP WITH THE ADJACENT HOUSE ON THE ADJACENT LOT? AND THAT'S BASICALLY WHAT IT COMES DOWN TO ME.

YES.

WHAT I'M HAVING TROUBLE RECTIFY AND UNDERSTANDING BOTH SIDES OF THE ISSUE THAT THE ADJACENT PROPERTY, UH, IS ESSENTIALLY UNBUILDABLE WITHOUT A VARIANCE.

UH, AND THEN THEY WERE ALLOWED TO BUILD ALLEGEDLY A 4,000 SQUARE FOOT HOUSE WHEN THE, UH, MR. DEAN'S HOUSE IS, UH, 1600 SQUARE FEET.

YEAH.

1700 SQUARE FEET.

RIGHT.

AND, UH, AND THE, UM, THE VARIANTS ALLOWED FOR THE HOUSE APPROACHES THE CRITICAL LINE AND IS IN FACT, THE ENTIRE HOUSE ALMOST IS A PAST, IS WITHIN THE 50 FOOT RIVER BOX ENTIRE HOUSE.

AND SO I UNDERSTAND THE REASON FOR THE VARIANCE.

I DON'T UNDERSTAND WHY SUCH A LARGE HOUSE WAS ALLOWED, UH, WHEN THE, UM, THE, THE HOUSE, WELL, I GUESS, GOT TO TELL YOU WHAT SUCH A LARGE HOUSE WAS ALLOWED, BECAUSE IF WE DIDN'T ALLOW THAT, THEN WE WOULD HAVE GOTTEN PUSHED BACK, YOU KNOW, FROM THE FOLKS ABOUT GRANTING THE WAIVER.

IT'S NOT IT, WE CALL IT A WAIVER TO THE BUFFER, WHICH IS WHAT THE CODE CALLS IT.

UM, YOU KNOW, WE WOULD HAVE GOTTEN PUSHED BACK FROM THE PROPERTY OWNER SAYING, WELL, YOU DON'T HAVE THE, YOU KNOW, REALLY RIGHT TO TELL ME WHAT SIZE THE HOUSE CAN BE.

SO YOU JUST DO THE BEST JOB YOU CAN DO IN THOSE SITUATIONS.

BUT AGAIN, YOU KNOW, YOU ALL HAVE TO CARRY THE WEIGHT OF, YOU KNOW, WHAT THE POTENTIAL IMPACT WOULD BE TO THIS ADDITION ON THIS PARTICULAR LOT AND WHETHER OR NOT THIS IS A REASONABLE REQUEST FOR THEM TO LINE UP THE BACK OF THE HOUSE WITH THE ADJACENT PROPERTY, UH, TO CREATE THERE, TO RECREATE THE VIEW THAT THEY LOST.

I'M NOT SURE THAT THAT'S NOT, THAT'S NOT, THAT'S NOT ONE OF THE FOUR OR FIVE CRITERIA THAT YOU HAVE TO UNDER STATE LAW, BUT AGAIN, I THINK IT CAN BE DONE AND NOT CAUSE AN ENVIRONMENTAL OR A DETRIMENTAL IMPACT TO THE CODE OR TO THE ENVIRONMENT OR TO

[00:40:01]

AND IF I WERE IN YOUR SHOES, I WOULD BE CONSIDERING A STRICT CASE.

IS THIS A REASONABLE AND FAIR REQUEST BY THIS PROPERTY OWNER WHO BOUGHT A LOT? YOU KNOW, YOU CAN SAY HE SHOULD'VE KNOWN BETTER.

HE SHOULD'VE CHECKED.

HE SHOULD HAVE, YOU KNOW, REAL ESTATE AGENTS, AS YOU ALL KNOW, WILL TELL YOU ANYTHING.

IF THEY, YOU KNOW, TRYING TO GET A COMMISSION FOR THE MOST PART.

SO, YOU KNOW, WHO KNOWS WHAT HAPPENED.

RIGHT.

SO I THINK THAT'S BASICALLY THE RIGHT.

AND THAT'S THE THING THAT I'M TRYING TO WEIGH OUT.

UM, AS THE ARGUMENT THAT I JUST MENTIONED ABOUT THE NEIGHBORING HOUSE AND THEN THIS HOUSE, UH, BY THE LETTER OF THE LAW, IT DOESN'T APPEAR TO, UM, MEET THE RULES FOR VARIANTS, YOU KNOW, HOWEVER WE HAVE THE ADJACENT PROPERTY THAT TO ME, UM, UM, I MEAN, APPARENTLY THE, APPARENTLY THE HOMEOWNERS ASSOCIATION DOESN'T HAVE AN ISSUE WITH IT.

NO ADJACENT NEIGHBOR HAS AN ISSUE WITH IT.

SO, YOU KNOW, IF I WERE IN YOUR SHOES, UM, YOU KNOW, I WOULD BE CONSIDERING THINGS.

SO FORTUNATELY I'M NOT IN YOUR SHOES, BUT THAT'S THE WAY I SEE IT.

YEAH.

AND IT LOOKS TO ME THAT, THAT THE, UH, REQUESTS FOR THE NEW CONSTRUCTION IS NOT AS EXTREME INTO THE, TOWARD THE CRITICAL LINE AND AS MUCH INTO THE 50 FOOT RIVER BUMPER AS THE OTHER HOUSES.

OH YEAH, NO, NO DOUBT ABOUT THAT.

YEAH.

THE ENCROACHMENT HERE IS STRAIGHT LINE AND THERE'S NOT AS YOU KNOW, WITH BLESSED THAN A HALF OF THE ENCROACHMENT OVER A FURTHER PERIOD OVER A FURTHER, SO MY MIND, UH, FOR, FOR THE ADJACENT LOT.

AND IF YOU WANTED TO, I MEAN, I THINK WITH SOME CASES WE'VE ALLOWED PEOPLE TO BUILD UP TO 25 FEET TO THE CRITICAL LINE ON EXISTING OFFICER RECORDS.

SO THAT MIGHT BE SOMETHING YOU WANT TO CONSIDER.

SAY THAT AGAIN, ABOUT THE TWITTER STUFF, 22 FEET.

I MEAN, YOU COULD CONSIDER SAYING, OKAY, YOU KNOW, WE'VE, YOU KNOW, JUST LIKE THEY DID ON THE FRONT AND SAYING, HEY, YOU KNOW, WE'RE NOT GOING TO GIVE YOU 22, BUT WE'LL GIVE YOU 25.

YEAH.

THAT'S WHAT I WAS LOOKING AT WHEN I WAS ASKING YOU ABOUT HOW MUCH THE GAME IN THE FRONT, LOOKING AT THE BACK AND YEAH.

YEAH, YEAH.

OKAY.

THANK YOU, MR. PATTERSON.

I MEAN, MAYBE YOU CAN ANSWER MR. FREDERICKS CAN ANSWER THIS.

UM, JUST ONE MORE QUESTION, LOOKING AT THE DRIP LINE, UH, I GUESS THAT SUPPORTS THAT'S ON THE FINANCIAL SIDE OF YOUR PROPERTY PROPERTY.

THAT'S ONE QUESTION.

ARE YOU ENCROACHING ANY CLOSER TO THE BUFFER THEN THAT DRIP LINE THAT'S, THAT'S COMING OFF OF THE PORCH, THE PORCH ON THIS DRIP LINE HERE ARE YOU ENCROACHING TO, WHERE ARE YOU PROPOSING TO ADD ON YOUR NEWPORT? YOU, OKAY, SO YOU HAVE TWO FORCES OR YOUR 14 YEAR OLD TEARS.

YOU HAVE THIS IN THE MIDDLE OF THIS, I GUESS THIS IMPORTANCE RIGHT HERE, WHERE YOU ARE PROPOSING TO PUT YOUR PARENTS AND YOUR NEWPORT TO ONE SIDE.

ARE YOU LINING UP WITH THAT DRIP LINE THERE? OR ARE YOU APPROACHING CLOSER TO THE W WE'RE LINING UP WITH THE PORCH ON THIS HOUSE IS WHAT WE'VE WE'RE SHOWN.

OKAY.

HOW ABOUT THIS? HOW, WHERE YOU, WHERE IT'S RED, THIS IS INSIDE SPACE THAT WE'RE ADDING AT SIX FOOT, EIGHT INCHES.

YOU CAN MISS SIX FOOT BEYOND THAT, AND THEN COMING OUT, EVEN THEN COMING OUT.

THAT'S CORRECT.

IT'S INTERIOR SPACE, OUR PORTIONS.

ALL RIGHT.

THANK YOU, GENTLEMEN.

DO WE HAVE ANY MORE QUESTIONS FOR ANYONE? I HAVE ONE.

HOW MANY SQUARE FEET? HOW MANY HEATED POOL? HOW BIG WILL THE HOUSE BE WHEN YOU'RE RIGHT HERE? OKAY.

HEATED DIDN'T INCLUDE ON THE FIRST FLOOR LEAK 2064.

AND ON THE SECOND FLOOR WILL BE 2000 AND SET THOSE TOGETHER, UH, 4,071.

YOU'RE MORE TO THEM THAN YOUR SIZE AND EXISTING HOME.

THAT'S CORRECT.

BUT YOU'RE GOING THERE.

YOU'RE DOING HALF OF IT ON FOR A SECOND STORY.

IT CURRENTLY DOESN'T HAVE A SECOND.

SO YOU ARE LIFTING THAT HOUSE,

[00:45:01]

SO IT'S OUT.

NO, NO.

YOU'RE GOING TO LIFT IT UP IN THERE TO MOVE BLOB AND PUT A SECOND FLOOR ONE, RIGHT? THAT'S CORRECT.

EXISTING HOUSE HAS PILOT PILOTING FOUNDATION.

IT LOOKS LIKE IT WAS DONE.

ALL RIGHT.

SINCE WE HAVE NO MORE QUESTIONS BASED ON THE INFORMATION THAT'S BEEN PRESENTED BEFORE, IT'S, UH, WITH THE GENERAL PUBLIC HEARING OFF PUBLIC COMMENT, IT'LL ONLY HAVE A FOR OPENNESS SESSION, A FULL PUBLIC COMMENT, AND THEN WON'T HAVE FOR PUBLIC COMMENT, NOT BRINGING THAT PUBLIC COMMENT TO A CLOSE.

UM, WELL, BASED ON WHAT'S BEEN PRESENTED BEFORE, IT'S STILL, UH, ANYONE THAT YOU GUYS LIKE TO MAKE, UH, A MOTION SO THAT WE CAN AT LEAST HAVE A DISCUSSION ON THIS.

MR. CHAIRMAN, IT SEEMS TO ME RIGHT NOW THAT THE DEANS HAVE A SITUATION WHERE THEY HAVE LIKE FIVE, FIVE POUNDS OF POTATOES ON A SIX POUND SACK, BUT THEY WANT TO PUT 12 POUNDS OF POTATOES IN THERE.

I THINK THERE'S SOME ALTERNATE WAYS THAT THEY CAN GO ABOUT ADDING ON TO THE HOUSE WITHOUT, OR WITH DUCTION AND THE FURTHER ENCROACHMENT INTO THE SETBACK.

AND I MEAN, I DON'T, I JUST DON'T, I HAVE A DIFFICULT TIME SEEING UNDERSTANDING WHAT THE HARDSHIP IS AND HOW THAT HARDSHIP.

IT CERTAINLY DOESN'T PROHIBIT THE USE OF THE PROPERTY BECAUSE THERE'S A SINGLE FAMILY RESIDENTIAL STRUCTURE THERE.

NOW THAT'S BEEN THERE FOR A WHILE, AND I DON'T KNOW THAT I CAN GET TO THE POINT WHERE I UNDERSTAND THAT IT'S BEING UNREASONABLY RESTRICTED IN THE USE EITHER.

UM, I WOULD, UM, SUPPORT GOING, BEING GAMBLED TO GO BACK INTO THE RIVER BUFFER, YOU KNOW, TO, UM, 25 TO 30 FEET SINCE THEY CAN'T GO IN THE FRONT TOO MUCH MORE IN THERE TRYING TO RAISE THE HOUSE.

YOU KNOW, THERE, THEY'RE TRYING TO HAVE A LARGER HOME WITH ALL THE OTHER HOUSES IN THE AREA ARE LARGER.

I'VE BEEN ON TARPON.

UM, YOU KNOW, I, I, I COULD, I COULD SUPPORT, UH, UM, A VARIANCE, MAYBE NOT GOING TO 22 FEET, BUT GOING INTO THE, UH, FOR, UM, 25 FEET SINCE THEY ARE RESTRICTED IN THE FRONT AND THEY ARE TRYING TO GET, UM, THE SQUARE FOOTAGE IS THAT, DO YOU KNOW THAT IT IS HARD FROM TARPON TO THE FRONT OF THAT HOUSE TO PARK? AND, UM, IT HAS A BUSY ROAD THAT, THAT CINCO CONVERSATION, WELL, I DECIDED TO MAKE A MOTION TO DENY IT YET.

I'M JUST, I WAS JUST HAVING A DISCUSSION WHEN YOU WENT, WHERE I WAS GOING WITH WITH, UM, WITH MY THINKING ON IT WAS THAT ADELINE, UM, UH, I TEND TO BE IN AGREEMENT WITH YOU, UM, PARTICULARLY THE FACT THAT THE NEIGHBORING HOUSE HAS BEEN ALLOWED TO BUILD, BE BUILT THIS WAY, THAT, UM, AND I, I AGREE THAT MAYBE IF WE FIND OUT WHAT THAT NORMAL LINE IS, UH, MR. GREENWAY, I BELIEVE SAID 25 FEET, THAT'S FINE.

AND, UH, MAYBE JUST GO A LITTLE LESS TO MAKE THE ENCROACHMENT LESS.

I THINK I WOULD BE SUPPORTIVE OF THAT.

I DON'T THINK IT SHOULDN'T BE DEFINED BY THE OTHER HOUSE NECESSARILY, BUT I'M UNDER THE BELIEF INTO THE KIDS TO ALLOW THESE SMALL LOTS, TO BE ABLE TO, YOU KNOW, UM, IT'S ALREADY AN ENCROACHMENT TO GO TO THE 25, IF THEY'RE COMING OUT IN THE FRONT AS WELL.

I'M KIND OF OKAY WITH IT THE WAY THEY HAVE IT.

CAUSE THE OTHER HOUSE IS LIKE CLOSER THAN THEIR MINIMUM, 22 FEET.

I KIND OF FEEL LIKE MR DEAN'S GETTING PENALIZED HERE.

[00:50:03]

I REALLY DON'T HAVE A PROBLEM WITH WHAT HE'S DONE OR WHAT HE WOULD LIKE TO DO THERE.

AND FOR ME, ALTHOUGH THIS IS A, A VERY LARGE ADDITION, MORE THAN DOUBLING THE SIZE OF THE HOUSE.

IT'S, UM, IT SEEMS APPARENT THAT'S IN KEEPING WITH THE OTHER HOUSES IN THE NEIGHBORHOOD AND PARTICULARLY THE ONE NEXT DOOR, AS FAR AS SIZE AND A TWO STORY HOUSE.