Jul 28, 2022 Zoning Board of Appeals

[1. CALL TO ORDER]

[00:00:09]

1 AND WELCOME TO OUR SHOW GOES ONLY GOES UP APPEAL MEETING THE TIME NOW THIS 5 0 2 WE GONNA BRING THIS MEETING TO ORDER IT IS OUR CUSTOM THAT WE BEGIN BY IT'S NOT WE'RE HAVING TROUBLE WITH THE ZOO ANYWAY SO FAR WHAT I WOULD SAY MY SIDE OF BECAUSE I'M 14 OR 18 SO IF WE GO AHEAD AND GET STARTED I MEAN BY THE TIME YOU GET THERE WE SHOULD BE UP AND RUNNING HOPEFULLY AND AGAIN IT'S OUR CUSTOM THAT WE BEGIN OUR MEETING BY RECITING THE PLEDGE OF ALLEGIANCE.

>> SO IF I COULD ASK YOU GUYS TO STAND BY RECITE THE PLEDGE I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO EVERYBODY FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU GOD.

[4. ADOPTION OF AGENDA]

[5. APPROVAL OF MINUTES – May 26, 2022 & June 23, 2022]

WE'LL SEE FOR ME WHEN I HAVE A CHANCE TO LOOK AT IT. >> ALL RIGHT.

CAN I GET SOMEONE TO MAKE A MOTION TO ADOPT THE MAY 26 MEETING?

>> I'LL MAKE A MOTION TO ADOPT A MINUTE FROM THE MAY 26. I'LL SECOND IT PROBABLY MADE A

SECOND ON A FAVOR. >> I OK THE JUNE TWENTY THIRD MEETING AND YOU GET ANSWERED

AND YOU AS MY MYSELF HERE FOR YOU. >> HERE WE GO.

NOT YET. WELL YOU WASN'T HERE. DON'T HAVE TO DO IT.

YEAH. YEAH, I KNEW THAT YOU WERE HERE.

YEAH. OK. BEFORE WE GOT ENOUGH TO YOU YOU MADE A MOTION. YES, SIR. SECOND AND SOME PROBABLY MADE A

SECOND ALL A FAVOR THAT WAS HERE. >> TO BE ADOPTED JUNE TWENTY THIRD MEETING WE NOTE THAT MISS JANE AND MISS WHO WASN'T HERE ON THAT JUNE TWENTY THIRD

[6. Mr. Wayne Willenberg is requesting a Special Use Permit for a Short- Term Rental Unit. Property is located at 10 Quiet Cove Way, Ladys Island. The property is zoned T2 Rural (T2R). Continued from Last Month’s Meeting]

NOTE THAT ALL APPLICANT HAVE TEN MINUTES TO PRESENT THEIR CASE.

ATTORNEYS WE GIVE YOU FIFTEEN MINUTES AND NO PUBLIC COMMENT. YOU HAVE UP TO THREE MINUTES.

SO IF SOMEONE OF YOU KNOW YOU HAVE A CASE WHERE SOMEONE HAVE SAID PRETTY MUCH WHAT YOU WANTED TO SAY, JUST SAY HEY, I AGREE. STATE YOUR NAME AND WE CAN MOVE FORWARD. ALL RIGHT. SO IF THAT BEING SAID, I DON'T KNOW A SIX. MR. WAYNE WELL, ENBERG. ALL RIGHT.

SO HE'S A NO SHOW AGAIN. I THINK HE WOULD HAVE BEEN A NO SHOW LAST MONTH.

I THINK WE NEED TO MOVE FORWARD ON THIS CASE. AND IN HIS ABSENCE.

YEAH. >> ONLY IF WE DISAPPROVE IT BECAUSE OF THE COVENANTS.

>> OK. >> SO BEFORE WE DO THAT DO WE WANT TO JUST THE PUBLIC COMMENT MAKE SURE NO ONE IS HERE BEFORE WE SHARE IS ANYONE HERE PUBLIC COMMENT FOR ITEM NUMBER SIX SO

WE CLOSE THAT PUBLIC COMMENT. >> I MOVE THAT WE DISAPPROVE IT BECAUSE THIS MEDAL DOES NOT MEET THREE CRITERIA FOR SPECIAL USE CUT PERMANENT BECAUSE OF THE COVENANTS ON THE

PROPERTY I SECOND. >> SO IT'S BEEN MOTION HAS BEEN MADE TO DISAPPROVE.

ITEM NUMBER SIX AND IT'S BEEN PROPERLY MADE A SECOND ALL IN FAVOR OF DISAPPROVE.

THE ITEM NUMBER SIX ARE ESPECIALLY USEFUL. MR. WAYNE WILL ENGBERG SIGNIFY

[8. Mr. & Mrs. James Ware and Ms. Amanda Dubose are requesting an Administrative Appeal from the Determination of the Planning Director that states the Commercial Ferry Operation at 35 Fording Island Road Ext. does not violate the Community Development Code. Continued from Last Month’s Meeting]

BY RAISING THANK YOU SIR. >> THAT HAS BEEN DISAPPROVED ITEM NUMBER EIGHT.

MR. AND MRS. JAMES WHERE I BELIEVE THEY'RE GOING TO BE PRESENTED BY MR. TOM TAYLOR TILL YOU HAVE THE FLOOR CHAIRMAN BOARD MEMBERS. IT'S NICE TO SEE YOU ALL AGAIN HERE TODAY. VERY, VERY PROUDLY TO REPRESENT FORTY SIX HOMEOWNERS IN THE

[00:05:02]

EVERYBODY HERE HOPEFULLY HAS SEEN IT AND KNOWS A LITTLE BIT ABOUT THE HISTORY BUT IT'S JUST AN INCREDIBLY UNIQUE AREA. FIVE YEARS AGO THE RESIDENTS OF BUCKINGHAM LANDING CAME TO THE COUNTY'S AID AND GRACIOUS LAKE AND OVER OPEN ARMED LAKE WELCOMED THE EMERGENCY NECESSITY OF PLACING THE DEFENSE SCHIANO ON FERRY TERMINAL IN THEIR NEIGHBORHOOD.

THEY WERE PROMISED BY COUNTY AGENTS FROM MY COUNTY COUNCIL MEMBERS THAT IT WAS GOING TO BE A TEMPORARY BASIS AND LUCK SOMETIMES HAPPENS. WHAT WAS TEMPORARY TURNED INTO BEING LONG TERM AND NOW APPEARS TO BE ON THE WAY TO ALMOST THE OUTCOME.

BUT FIVE YEARS DOWN THE LINE THIS SMALL NEIGHBORHOOD IS LITERALLY OVERWHELMED WITH TOURIST AND FAR SKI ISLAND. A FEW TO FAR SKI ISLAND RESIDENT TO ACTUALLY USE THE FERRY SERVICE. IT IS BY FAR AND AWAY HAIG POINT'S MAIN SOURCE OF INCOME IS THEIR TOURIST THAT THEY BRING THROUGH THERE AND WE'RE GOING TO SHOW, IF YOU WILL.

>> AND A FEW MINUTES SOME PICTURES THAT I THINK WILL GIVE YOU ALL A LITTLE BIT OF AN IDEA OF WHAT HAS HAPPENED OVER THE LAST FIVE YEARS. I PROVIDED YOU ALL WITH BOTH A AN INITIAL APPLICATION AND A SUPPLEMENT. I AM GOING TO TRY TO NOT GET OFF POINT AND TALK ABOUT WHAT I THINK HAS BEEN SOME INTENTIONAL SLOWING DOWN BY UNFORTUNATELY THE COUNTY STAFF ON RESPONDING TO MANY THINGS AND I'D LIKE TO TRY TO FOCUS JUST SPECIFICALLY ON THE TWO MAJOR ISSUES THAT WE ALLEGE THAT IS THAT MR. MERCHANT'S LETTER TERMINATION OF APRIL 21ST 20 22 THAT FOUND THAT THE OPERATION OF A COMMERCIAL FERRY SERVICE IN BUCKINGHAM LANDING IS NOT IN DEROGATION OF THE COMMUNITY DEVELOPMENT CODE NOR OF THE BUCKINGHAM LANDING COMMUNITY PRESERVATION DISTRICT. THAT IS WRONG AS IT CAN BE.

THE COUNTY UNDERSTANDS AND KNOWS THAT THIS COMMERCIAL FERRY HAS NO BUSINESS HERE.

BUT IN ORDER TO BUY SOME MORE TIME THEY HAVE COME FORWARD WITH AN INTERPRETATION THAT SAYS PLACED ON WILBUR OR VARIANCE THAT THIS BOARD GAVE HIM IN 2008 TO TIE UP BOATS FOR HIS RESTAURANT THAT SOMEHOW THAT CAN BE BOOTSTRAPPED INTO A COMPLETE COMMERCIAL APPLICATION ANY TIME. AND THAT'S JUST WE BELIEVE COMPLETELY WRONG AND FOR PURPOSES OF KIND OF TRYING AGAIN TO I DON'T I DON'T NEED TO GO IN TO Y'ALL I KNOW HAVE READ THE APPLICATION WE MADE ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION REQUEST IN MARCH OF 2021 FOR A DETERMINATION. IT TOOK SIX WEEKS FOR THE COUNTY'S ATTORNEY STAFF TO FINALLY SAY WE'RE NOT GOING TO BASICALLY TELL YOU YOU CAN READ IT.

WE THEN FILED SUIT LASH. LAST JUNE ON BEHALF 36 PROPERTY OWNERS, THE COUNTY MOVED TO DISMISS IT SAYING THAT WE HAD NOT ADEQUATELY EXHAUSTED OUR ADMINISTRATIVE REMEDIES.

JUDGE GOODSTEIN TOSSED THAT AND SAID NO, THERE'S A PROVISION WITHIN THE CODE THAT ALLOWS THEM TO CONTINUE. BUT AS A MATTER OF LAST RESORT WE FILED THIS APPLICATION AND WENT TO THE FIRST WE WENT TO THE COUNTY AND ASKED THEM FOR AN INTERPRETATION AND WE ASKED MR. MERCHANT TO LOOK AT IT AND TO DETERMINE THAT CLEARLY THE SEAFOOD RESTAURANT WHICH HAD BEEN CLOSED IN 2013 AND YOU ALL HAVE AN AFFIDAVIT IN FRONT OF YOU AND THERE WAS NO OTHER NOTHING TO CONTRADICT THIS THAT USAGE THAT SEAFOOD RESTAURANT WHICH WAS AT ONE POINT IN TIME GRANTED BY THE COUNTY TO BE A NONCONFORMING USE WAS OR HAD TO HAVE BEEN ABANDONED BY THE OCTOBER 2014 TIME PERIOD BECAUSE A FULL YEAR HAD GONE BY UNDER THE CDC UNDER THE

BUCKINGHAM LANDING COMMUNITY PRESERVATION PLAN. >> IT WAS ALL THERE WAS ONLY NEED FOR ONE HUNDRED AND TWENTY DAYS TO GO BY. BUT EITHER WAY THAT PROPERTY HAS BEEN ABANDONED AND NO MORE USE CAN GO FORWARD WITH THAT SPECIFIC PROPERTY.

>> YOU ALL ARE AWARE BECAUSE I'M SURE YOU'VE READ THE LETTERS FROM MR. MERCHANT.

I WOULD LIKE VERY BRIEFLY FOR PURPOSES OF THE RECORD TO CALL MR. MERCHANT AS A WITNESS.

IT WILL TAKE ABOUT TWO MINUTES. MR. MACKEY IS HERE. >> PRESIDENT YOUR HONOR, I REPRESENT PLANNING DIRECTOR AS YOU KNOW, CALLING A LOT OF WITNESSES PROPER APPEAL FROM AN ADMINISTRATIVE DETERMINED PATIENT. THE ONLY ISSUE.

THE ONLY THING ALLOWED UNDER THIS VILLAGE RULES OR ARGUMENT ON THE RECORD OF APPEAL.

SO CALLING OF WITNESSES NOT LIVE TESTIMONY WOULD BE AN CHAIRMAN.

ACTUALLY THE ADMINISTRATIVE RULES OF THIS BOARD PROVIDE THAT THIS ISSUE THAT THIS BOARD MAY SUBPOENA WITNESSES FOR ADMINISTRATIVE REVIEWS AND THUS CLEARLY THE CALLING

OF WITNESSES. >> AND MR. MACK, I KNOW YOU'VE BEEN HERE BEFORE WHEN WE HAVE DONE JUST EXACTLY THAT ON THESE REVIEWS OF ADMINISTRATIVE APPEALS AND HERE WE HAVE JACK.

[00:10:03]

>> WE THINK THIS IS HIGHLY IRREGULAR. YES, SIR.

AND I'M GOING TO DENY THAT DENY THE REQUEST TO CONGRESS TO MARCH.

YES. ALL RIGHT. MR. MACK, IF I COULD JUST TO PERFECT THE RECORD, I'D LIKE IT TO BE WE WOULD JUST CALL IT THE PROFFER.

THE ONLY THING I INTENDED TO ASK MR. MACK OR SCUSE ME MR. MERCHANT WAS OF HIS SEPTEMBER

20TH 21 LETTER TO ME. >> HE INDICATED THAT THE COUNTY WOULD NEED THIS TIME 60 DAYS TO CONTACT ALL THE APPROPRIATE PARTIES, GATHER ALL THE EVIDENCE AND MAKE CAREFUL REVIEW OF ALL THE FACTS. THAT'S WHAT I INTENDED TO ASK MR. MERCHANT WITH WHAT HE DID.

BECAUSE WHAT HAS BEEN GIVEN TO US INTO THIS BOARD DOES NOT INDICATE THAT ANY OF THOSE THREE THINGS WERE ACTUALLY DONE AND THAT THE ONLY THING THAT WAS DONE WAS TAKING MR. CROES E-MAIL THAT YOU ALL HAVE IN FRONT OF YOU AND MAKING A LETTER FROM THAT TO SAY THIS IS WHAT THE COUNTY'S POSITIONS I WOULD LIKE TO ASK, MR. CHAIRMAN THAT YOU ALL FOCUS WITH ME ON ONE THING THE SUPPLEMENTARY MEMORANDUM THAT WE SENT SON OVER REALLY DRAWS THE FOCUS OF THIS. I BELIEVED WHAT IT NEEDS TO BE BECAUSE THE COUNTY IS TRYING TO TAKE THE POSITION THAT THIS IS NOT A COMMERCIAL USE OF PROPERTY, THAT IT'S JUST THE

DOCK. >> AND BECAUSE WILBUR ROLLER GOT THIS BOARD TO SAY IT WAS A COMMERCIAL DOCK, THEN THEY CAN DO ANYTHING THEY WANT TO WITH THIS PROPERTY.

>> CLEARLY THAT IS NOT THE CASE. AND IF YOU ALL READ THE SUPPLEMENTAL MEMORANDUM, YOU'LL KNOW THAT THE ACTUAL FINDING BY THIS WAS EBOLA IN 2008 WAS THAT IT WAS THE COMMERCIAL RESTAURANT THAT WAS THE USE OF THE PROPERTY.

THE DOCK IS NOT A LAND USE IN ITSELF. IT IS SOLELY ASSOCIATE WITH AND RELATED TO THE BUSINESS OF THE LAND IT SERVES ANOTHER WORDS AS AN AMENITY TO THE RESTAURANT BUT DOES NOT INVOLVE ANY INDEPENDENT COMMERCIAL USE. AND THEN THE LAST AND MOST IMPORTANT THING THAT WAS THEN THIS BOARD'S VARIANCE OF WHICH THE COUNTING NOW RELIES IS THE PROVISION THAT THE DOCK IS AN INCIDENTAL AMENITY OR PRACTICE. THIS VARIANCE AS GRANTED IS NOT A USE VARIANCE. THIS BOARD NEVER GAVE A USE VARIANCE FOR THAT PROPERTY.

THAT PROPERTY IS ZONED RESIDENTIAL. IT WAS NONCONFORMING USE FOR SOME TIME AS A RESTAURANT BECAUSE THERE WERE COUNTY ISSUES INVOLVED WITH DENIAL OF THE PERMIT. WHEN WE ENACTED THE 300 FOOT LIMITATION BUT CLEARLY AS OF OCTOBER 2014 THAT HAD TO HAVE BEEN ABANDONED AND FOR THE COUNTY TO COME IN IN 2017 AND TAKE THE POSITION THAT THEY'RE NOW GOING TO OPERATE A COMMERCIAL ENTITY OUT OF THIS IS A SLAP IN THE FACE LITERALLY TO THE RESIDENTS. BUT THEY WENT AHEAD AND HAVE GONE WITH IT. AND WE ARE HERE TODAY BEGGING THIS BOARD TO LOOK AT THIS AND UNDERSTAND THAT AS WITH ANY OF THE HISTORIC NEIGHBORHOODS IN BEAUFORT COUNTY WE HAVE WORKED OVER THE YEARS TO TRY TO PROTECT THEM. THE ATLANTIC COMMUNITY PRESERVATION PLAN PROVIDES THIS IS IT IS THE ESSENCE OF THIS TO THE INTENT OF THIS PLAN IS TO CONSERVE THE EXISTING RESIDENTIAL NEIGHBORHOOD AND TO IMPROVE THE QUALITY OF LIFE AND PUBLIC SAFETY FOR THEIR RESIDENTS. THIS IS A RESIDENTIAL NEIGHBORHOOD. THERE ARE FIVE. THERE ARE FIVE COMMERCIAL USES LIKE A BED AND BREAKFAST AND THE FOUR OTHER ONES THAT ARE SITED IN HERE.

BUT GUYS, THIS IS WAY BEYOND ANYBODY'S USE AND ANYBODY WOULD EVER HAVE ENVISIONED FOR THIS MAN. THESE PEOPLE HAVE GIVEN THE COUNTY FIVE YEARS OF THEIR NEIGHBORHOOD AND IT IS TIME TO BRING IT TO AN END. AND I'D LIKE FOR YOU WILL LOOK

AT SOME OF THE PHOTOGRAPHS. >> WE HAVE 16 PHOTOGRAPHS, YOUR HONOR.

>> AND IF MR. CROWE WANTS ME TO AUTHENTICATE THEM, I'LL BE DELIGHTED.

CALL AMANDA AND HAVE HER AUTHENTICATED. MR. CHAIRMAN, MY INTEREST IS NOT ALL INDICATION. AGAIN, I OBJECT TO USING THESE .

THIS IS NOT THE PROPER PROCEDURE ON ADMINISTRATIVE. THIS WOULD BE NEW MATERIAL DOES NOT COMPLY WITH THE FIVE PAGE RULE IN THIS BOARD'S RULES OF PROCEDURE OR SUBMISSION OF SUPPLEMENTAL MATERIALS TO THE BOARD. YES, YES.

A MEETING IS SO THESE ARE BRAND NEW MATERIALS. I'VE NOT EVEN SEEN THEM.

AND I OBJECT TO MR. TAYLOR PRESENTING THEM TONIGHT. I'M SURE THAT YOU ALL MAY HAVE

AN INTEREST IN ACTUALLY WHAT THIS NEIGHBORHOOD LOOKS LIKE. >> THANKS TO THE COMMERCIAL FAMILY SERVICE, I WOULD URGE THE BOARD TO TAKE THE OPPORTUNITY TO LOOK AT IT SO THAT YOU CAN JUDGE EXACTLY WHAT THEY HAVE TURNED THIS INTO EXPLANATION.

SOME ARGUE THAT IT'S IRRELEVANT TO SPEECH WHICH IS STRICTLY ABOUT THE EFFECT OF ZONING.

HOW MANY PHOTOS OF YOU HAVE? SIXTEEN OR SIXTEEN PHOTOS PLUS OR I DON'T THINK IT'LL BE AN EXTREME HARD TO VIEW THOSE PHOTOS. THANK YOU.

[00:15:01]

THEIR OWN THEY'RE TEED UP AND THEY CAN GO RELATIVELY QUICKLY. >> YES, THEY'RE OUT WORKING IN THE FRONT. THE CHAIRS DID NOT CATCH THEM. YES, SIR.

>> BOB, YOU CAN GO THROUGH THEM AS FAST AS YOU ARE IF IT'S AROUND A TIMER.

>> OH, I'M SORRY. WHATEVER IS CONVENIENT FOR THE BOARD IS FINE TO ME . CHAIRMAN, THANK YOU VERY MUCH. THAT CONCLUDES PETITIONER'S

CASE. >> MR. CHAIR, MEMBERS OF THE BOARD.

THIS IS MY FIRST APPEARANCE BEFORE YOU AND I THANK YOU JUST VERY QUICKLY.

I'D LIKE TO TELL YOU LITTLE BIT ABOUT ME. MY NAME IS DANNY CROWE AND A LAWYER IN COLUMBIA. I'VE BEEN A LAWYER SINCE 1975. I'VE BEEN REPRESENTING MUNICIPALITIES AND COUNTIES SINCE 1970 SEVEN FOCUSING ON ZONING AND LICENSING ISSUES.

I'M CURRENTLY THE CITY ATTORNEY FOR CASEY, THE GENERAL COUNSEL FOR CITY OF SUMPTER AND FORMERLY GENERAL COUNSEL FOR THE MUNICIPAL ASSOCIATION. THAT'S JUST BY WAY OF BACKGROUND. SO YOU'LL KNOW A LITTLE BIT ABOUT ME.

I WAS HIRED BY THE COUNTY IN JUNE OF TWENTY TWENTY ONE TO DEFEND A CIRCUIT COURT LAWSUIT THAT WAS BROUGHT BY DAY APPELLANTS HERE THE WHERE'S THE DUBOSE'S AND 32 OTHERS IN BUCKING HIM LANDING FOR MONEY DAMAGES AS WELL AS DECLARATORY AND INJUNCTIVE RELIEF FOR AN ALLEGED UNCONSTITUTIONAL TAKING AND NUISANCE RELATED TO THE COUNTY'S PROVIDING OF A PUBLIC FERRY SERVICE TO THE FUSCA ISLAND FROM BUCKINGHAM LANDING BEGINNING IN 2018.

WHEN IT BECAME CLEAR THAT THE LITIGATION HAD BECOME INTERNAL AGED WITH THIS APPEAL TO THE BOARD THE COUNTY ASKED ME TO REPRESENT THE PLANNING DEPARTMENT IN DEFENSE OF MR. MERCHANT'S ADMINISTRATIVE DECISION AND THIS APPEAL TO THE BOARD.

>> FIRST I DO WANT TO THANK YOU FOR GIVING ME A CONTINUANCE FROM THE JUNE MEETING THE DAY BEFORE THE BOARD MEETING. I TESTED POSITIVE FOR COVE ID SO I DIDN'T WANT TO COME DOWN HERE AND RISK SPREADING COVID TO ANY OF YOU. I'M FINE NOW.

I WAS ONE OF THE BLESSED LUCKY ONES WHO HAD A MILD VERSION BUT I DO APPRECIATE YOUR THOUGHTFULNESS AND CONTINUING THAT HEARING. IN JUNE ALSO MR. CHAIRMAN, I WOULD LIKE TO STATE FOR THE RECORD MY OBJECTION TO THE MATERIALS SUBMITTED BY MR. TAYLOR THAT ARE NOT BASED THAT ARE NOT THE MATERIALS THAT WERE AVAILABLE TO THE ADMINISTRATOR OF AGENT THE PLANNING DIRECTOR IN RENDERING HIS INITIAL DECISION.

AS I UNDERSTAND COMMUNITY DEVELOPMENT CODE SECTION SEVEN DASH SEVEN POINT THREE POINT SEVENTY THIS APPEAL IS LIMITED TO CONSIDERATION OF SUCH MATERIALS AS WERE CONSIDERED BY

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PROPERTY IS A 35 AFFORDING ISLAND ROAD IN BLUFFTON. IT IS JUST OFF HIGHWAY 278 AT THE BRIDGE FROM BLUFFTON DALE HEAD ISLAND. IF YOU LOOK DOWN TO THE RIGHT WITH A SLIGHTLY DIFFERENT PERSPECTIVE, THIS IS WHAT YOU'D SEE THE SAUCER SHAPED BUILDINGS ARE THE FORMER RESTAURANT THAT YOU'VE HEARD ABOUT THE WHITE ROAD THAT COMES DOWN THE FROM THE LEFT CORNER TO THE MIDDLE OF THE PHOTOGRAPH IS SPORTING. ALAN RARE.

THAT'S A STATE MAINTAINED ROAD . IT TERMINATES IN A PUBLIC BOAT LANDING WHICH HAS BEEN PRESENT THERE FOR MANY DECADES. FORMERLY I UNDERSTAND IN THE PAST THIS WAS THE SITE OF A FERRY TO HILTON HEAD BEFORE THE BRIDGES.

APPARENTLY THE THE DOCK AT ISSUE IS SHOWN JUTTING OUT FROM THE CIRCULAR SHAPE IN THE UPPER MIDDLE DOWN THE WALKWAY OF 300 FEET TO THE DOCK. THAT SHOWS ANOTHER BOAT PRESENT THERE. NOW THE HOUSE OF THE WARES IS ON THE LEFT EDGE OF THE

PHOTOGRAPH. >> IS THAT WHERE THE SMALLER BOAT IS? YOU'RE REFERRING TO YES OR JUST THAT? NO.

THAT'S JUST FOR ORIENTATION. THE PARKING THAT YOU SEE PRESUMABLY IS USED FOR THE PUBLIC BOAT LANDING AS WELL AS FOR THE FERRY SERVICE THAT THIS PROPERTY THAT'S SHOWN ON THE UPSIDE OF A FORD. ALAN FORWARDING ISLAND ROAD EXCUSE ME IS OWNED NOW BY THE

COUNTY HAS BEEN OWNED BY THE COUNTY SINCE 2018. >> THAT'S JUST FOR ORIENTATION AGAIN AND NOT FOR EVIDENCE. THE APRIL 21 20 22 DETERMINATION BY MR. MERCHANT AS DIRECTOR OF THE PLANNING AND ZONING DEPARTMENT IS CONCISE. IT'S CLEAR AND IT'S CORRECT.

IT CONTAINS NO ERROR AND SHOULD BE A FIRM BY THIS BOARD. THE DETERMINATION SAYS THIS PROPERTY WHICH WAS SUBSEQUENTLY ACQUIRED BY THE COUNTY AS A COUNTY ZONING PERMIT FOR A COMMERCIAL DOCK. THE ZONING PERMIT IS CONSISTENT WITH THE O.C. R. M.

CONSTRUCTION AND DOCK PERMIT. ON PAGE TWO OF WHICH IT STATES THAT THE PERMIT IS FOR COMMERCIAL USE AND THE DOCKING OF BOATS. IMPORTANTLY, THE COUNTY ZONING PERMIT ALTHOUGH IT HAS A SPACE AS YOU WILL SEE FOR CONDITIONS STATES SNOW CONDITIONS EXCEPT THAT IT'S ISSUED PURSUANT TO THE ZONING BOARD DECISION IN 2008 AND IN ACCORD WITH THE OCR AND PERMIT HAS NO OTHER CONDITIONS ABOUT THE CIRCUMSTANCES UNDER WHICH THE PERMIT IS TO OPERATE. IT CONTAINS NO RESTRICTIONS, NO LIMITATIONS, NO EXPIRATION DATE. AS POINTED OUT BY MR. MERCHANT IN HIS APRIL LETTER, A VARIANCE PERMIT SUCH AS THIS RUNS WITH THE LAND UNDER SECTION SEVEN POINT TWO POINT ONE FORTY E..

OF THE CDC IT IS NOT AFFECTED BY SUBSEQUENT CHANGE OF OWNERSHIP SO THE COUNTY GETS THE BENEFIT OF THE COMMERCIAL DOCK PERMIT ISSUED BY THE COUNTY APPOINT A PRIVATE PARTY OWNED THIS PROPERTY. THE COUNTY ZONING PERMIT IMPORTANTLY IS NOT CONDITIONED ON ANY LANGUAGE OF THE ZONING BOARD ORDER OF TWO THOUSAND EIGHT.

IT COULD HAVE BEEN IT COULD HAVE SAID THIS PERMIT TO BE USED IN ACCORD WITH THE FINDINGS OF THE ZONING BOARD'S ORDER OF 2008. IT DOES NOT SAY THAT WHEN WE BLOW AWAY THE SMOKE FROM THIS APPEAL AND I'M TALKING ABOUT THE APPLICANTS COMMENTS ABOUT MR. MERCHANT COMMENTS ABOUT HIS PROCEDURE FOR THE DETERMINATION THEIR COMMENTS ABOUT ME, THEIR REFERENCES TO COUNTY LIES AND COLLUSION BETWEEN ME AND MR. MERCHANT AND THE LACK OF GOOD FAITH BY THE COUNTY WHEN YOU BLOW AWAY THAT SMOKE AND WHEN YOU REMOVE THE MIRRORS SUCH AS

[00:25:03]

COMMERCIAL DOCK. >> IF YOU REMOVE THOSE MIRRORS, IF YOU DISREGARD THIS KIND SCORCHED EARTH, THE LANGUAGE OF THE LITIGATION IS VITRIOL LIKE LANGUAGE ABOUT LIES AND COLLUSION, LACK OF GOOD FAITH. WHAT YOU ARE LEFT WITH IS A VALID COUNTY ZONING PERMIT FOR A COMMERCIAL DOCK. THAT'S WHAT THIS CASE REALLY COMES DOWN TO WHEN YOU STRIP AWAY ALL THESE IRRELEVANT FACTORS. THIS BOARD CANNOT AND SHOULD NOT. NOW 13 YEARS AFTER THE PERMIT WAS ISSUED MODIFY THAT PERMIT BY EITHER DISSECTING THE LANGUAGE OF THE ORDER AS THE APPELLANTS WOULD URGE OR BY TYING IT TO A RESTAURANT USE FOR THE PROPERTY THAT FORMERLY WAS A RESTAURANT.

THESE WERE NOT CONDITIONS THAT WERE PLACED ON THE PERMIT BY THE ZONING BOARD IN 2008 AGAIN . THEY COULD HAVE BEEN BUT THEY WERE NOT.

THIS IS NOT A SITUATION IN WHICH CONSIDERATION OF NONCONFORMING USES INVOLVED BECAUSE THE DOCK AND THE COMMERCIAL PURPOSES OF THE DOCK IS DESCRIBED IN THE OCR AND PERMIT ARE EXPRESSLY PERMITTED BY THE VARIANCE PERMIT. SO THE IDEA OF NONCONFORMING USE DOES NOT APPLY. SIMILARLY CONSIDERATION OF WHETHER THIS RESTAURANT USE WAS DISCONTINUED IS NOT RELEVANT BECAUSE THIS IS NOT A NONCONFORMING USE ISSUE.

THIS APPEAL IS NOT ABOUT WHETHER THE RESTAURANT USE WAS DISCONTINUED BUT IT'S ABOUT WHETHER THE ZONING PERMIT FOR COMMERCIAL DOCK REMAINS VALID AND IT DOES.

>> ALSO I THINK IT'S IMPORTANT TO MENTION THAT THIS IS NOT A SITUATION OF THE COUNTY TAKING ADVANTAGE OF A NEIGHBORHOOD IN THE WAKE OF HURRICANE MATTHEW IN 2016.

ACTION WAS REQUIRED TO MAINTAIN THE FERRY SERVICE TO THE FUNKY ISLAND NOW.

BUT MR. TAYLOR'S CLIENTS MAY NOT LIKE THE PEOPLE WHO RIDE THE FERRY BUT THIS IS A PUBLIC FERRY SERVICE TO HUSKY ISLAND WHICH AS YOU KNOW HAS NO ROADS THAT WOULD TAKE FROM THE MAINLAND TO THE FUNKY ISLAND. BUCKINGHAM LANDING IS NOT A PERMANENT SOLUTION IN THE EYES . THE COUNTY AND THE COUNTY HAS NEW FERRY SITES IN THE WORKS.

THE COUNTY ZONING PERMIT AND THE OCR AND PERMIT FOR COMMERCIAL NOT ALLOW THE DOCK TO BE UTILIZED FOR COMMERCIAL PURPOSES. THAT IS THE EFFECT OF THE ZONING BOARDS TWO THOUSAND NINE VARIANCE PERMIT THE COUNTY PLANNING AND ZONING DEPARTMENT REQUEST THAT THIS BOARD UPHOLD THE DETERMINATION OF MR. MERCHANT THAT THE FERRY SERVICE IS A LAWFUL USE BECAUSE OF THAT COUNTY ZONING PERMIT. THE MR. MERCHANT WILL BE GLAD TO ANSWER ANY QUESTIONS THAT HIS BOARD MIGHT HAVE NOT MR. TAYLOR BUT THIS BOARD MIGHT HAVE AND I'LL RESERVE ANY OTHER COMMENTS FOR THE REPLY PERIOD. THANK YOU VERY MUCH, NICHOLAS.

>> DO ANYONE HAVE ANY QUESTIONS FOR MR. MERCHANT HIMSELF? THE QUESTIONER THEN QUESTIONS

FOR MR. TALL TALE OF HAVE ANY QUESTION FOR MR. TITLE? >> YOU GUYS PHYSICAL FORCE.

MR. TAYLOR. YES. NELSON AGENCY.

DENNIS NEILSON, NICE TO SEE YOU. I LIVE NOT VERY FAR FROM THERE SO I'M KIND OF FAMILIAR WITH THE AREA WHEN THE PEOPLE WHO COME TO GET ON THE FERRY.

THIS IS NOT EXACTLY RIGHT NEXT TO WHERE PEOPLE LIVE. IS THAT IS THEY WOULD HAVE TO WALK FROM WHERE THEY PARK. A HALF A HALF A BLOCK OR WHATEVER TO SOMEONE'S HOME

WHICH THEY SHOULD NOT DO. >> I MEAN I'M NOT SAYING THAT BUT I DON'T KNOW IF THERE WAS ANY PROBLEM WHEN THE RESTAURANT WAS THERE WAS DID IT BOTHER THE PEOPLE IN THE COMMUNITY? I DON'T KNOW. YOU KNOW, SO I DON'T SEE WHERE WHERE THE COMMUNITY IS BEING OVERWHELMED BY THE BY THE PICTURE AND BY THE AREA. IF THE PEOPLE WALK OVER TO IT.

YES, I UNDERSTAND THAT AND MAYBE THERE SHOULD BE SOME KIND OF SIGNS OR PUNISHMENT OR SOMETHING FOR THEM TO WALK OVER AND SOMEBODY'S PRIVATE PROPERTY.

THAT'S NOT THE THING TO DO BUT THEY'D HAVE TO WALK TO IT. IT'S NOT LIKE GETTING IN THEIR

[00:30:06]

YES, HE RESPONDED. I ACTUALLY OF COURSE NOT SURPRISINGLY THE PHOTO THE COUNTY CHOSE TO SHOW AS I THINK SIMPLIFICATION OF THIS DOES NOT SHOW A LOT OF THE ADDITIONAL PARKING THAT YOU SAW A FEW MINUTES AGO AND THOSE OTHER 16 EXCUSE ME JUST TO TELL THEM NOT

TO INTERRUPT TOO MUCH. >> BUT IF YOU COULD GO TO THE PODIUM WITH THOSE THAT ARE

LISTENING EXACTLY RIGHT HERE. >> THANK YOU, MR. MACK. I'M SORRY.

THIS IS A SITUATION WHERE BECAUSE OF THE HUNDREDS OF PEOPLE THAT ARE COMING IN

EVERY DAY, THEY AREN'T JUST PARKING. >> SO WHICH WHERE YOU SEE THIS NOW THEY PARK ALL THE WAY DOWN THE ROAD TO THE GAS STATION AND THEN ALSO OFF AND THE BUSES BRING THEM IN. AND ONE OF THE MOST DANGEROUS THINGS FOR THE NEIGHBORHOOD IS THE ACCESS UP AND DOWN THIS ROADWAY WHICH USED TO BE MAINLY JUST THE PEOPLE WHO WERE COMING IN WITH A FEW OF THEIR PRIVATE BOATS. AND NOW IT IS AS THE PHOTO SHOWED EARLIER, A LOT OF SPEEDING, A LOT OF PEOPLE WALKING UP AND DOWN THROUGH THERE. ALL OF THE PEOPLE IN THE NEIGHBORHOOD HAVE BEEN AFFECTED AND IT IS NOT A SEPARATION. MR. NIELSEN THAT IS COMFORTABLE AND CONVENIENT AS THOSE PHOTOGRAPHS SHOWED THERE THE PEOPLE WHO COME AND WAIT TEND TO WALK AROUND, LOOK AROUND, HAVE THEIR DOGS RUN INTO THE RESIDENCES AND YOU KNOW. BUT IF THIS JUST FOR ARGUMENT'S SAKE LET'S MAKE IT FOR ARGUMENT'S SAKE IF IF THE RESTAURANT IS THERE THEY COULD BE WALKING AROUND ALSO. YES SIR. THEY COULD BE THERE WHETHER THEY WERE OR NOT. I DON'T KNOW BUT ANY ANY TIME YOU HAVE SOME KIND OF A BUSINESS A COMMERCIAL BUSINESS THAT'S NOT VERY FAR FROM A RESIDENTIAL AREA.

PEOPLE ARE GOING TO WALK AND THAT'S NOT GOOD. I'M CERTAINLY NOT ADVOCATING THAT AND MAYBE THERE SHOULD BE SOME KIND OF YOU KNOW, NOT A FENCE BUT SOME KIND OF A THING TO SAY THIS IS PRIVATE PROPERTY AND YOU CANNOT COME ON IT. YOU KNOW WHAT?

YOU KNOW WHAT I'M SAYING? >> YES, I DO. THE COUNTY WILL ADMIT MR. NIELSEN I BELIEVE THAT THE RESTAURANT IS ALL IS IN THE BUCKINGHAM LANDING PRESERVATION DISTRICT AND IS A RESIDENTIAL ZONING EXCEPT FOR THE BOOTSTRAPPING THAT THEY WANT THIS BOARD TO BUY INTO. IT IS ALL RESIDENTIAL AND YES, THEY WERE NOT HAPPY WITH THE RESTAURANT. AND I'M SURE THERE WERE PLENTY WHO WERE GLAD WHEN THEY ABANDONED IT. YEAH, I WAS SURPRISED THAT IT WAS BUILT THERE.

>> WHAT IS THAT? IS IT JUST ABANDONED NOW? >> YES, MA'AM.

IT IS JUST ABANDONED EXCEPT FOR THE COUNTY. AND A POINT HAVE SLOWLY OPENED UP. THEY ARE NOW LEASING THE THE SMALLER HOLE BUILDING THAT THEY HAVE THERE AND IT'S ALL USED UNDERNEATH FOR PARKING FOR PEOPLE TRYING TO GET OUT OF THE

SUN AND THAT TYPE THING. >> I HAVE A QUESTION FOR YOU. >> I KNOW IT'S EXPENSIVE.

IT'S NOT A FREE PUBLIC FERRY BUSINESS. YOU HAVE TO PAY AND YOU ALSO HAVE TO PAY TO PARK THERE AND PEOPLE LEAVE THEIR CARS THERE FOR A WEEK OR MORE.

>> WHO GETS THE MONEY? WHO OWNS THIS IS THE REALLY INTERESTING THING ABOUT THAT QUESTION IS THAT WHEN BEAUFORT COUNTY STARTED PROVIDING SERVICE 40 YEARS AGO IT WAS FOR

THE RESIDENTS FRISKY AND THAT'S WHO IT WAS ALWAYS INTENDED FOR. >> AND IF THIS WAS ONLY USED FOR THEM, IT WOULD NOT BE A PROBLEM BECAUSE THERE ARE PROBABLY ON ANY GIVEN DAY 15 PEOPLE WHO MIGHT TAKE THAT ARE RESIDENTS OF ASKING WHAT HAS HAPPENED IS THE COUNTY HAS ENTERED INTO MONEYMAKING CONTRACTS WITH HAY POINT AND MORE THAN 90 PERCENT OF THE PEOPLE THEY ARE MOVING ARE PAYING TOURISTS WHOSE MONEY GOES INTO HAIG POINTS POCKET AND WHO THEN PAY THE COUNTY A PORTION FOR THAT CONTRACT. BUT THAT'S REALLY THE GUTS THIS IF THIS WAS JUST A FUNKY ISLAND PEOPLE THESE NEIGHBORS WOULD NOT HAVE A PROBLEM WITH IT'S A COMMERCIAL ENTERPRISE RUNNING TOURIST BACK AND FORTH TO THE AND THAT'S NOT WHAT THE COUNTY SIGNED UP FOR 40 YEARS AGO WHEN THEY ELECTED TO PROVIDE THIS SERVICE.

>> IT'S JUST A WAY THAT THEY CAN FINANCE IT BETTER AND THE COUNTY DOESN'T ACTUALLY HAVE TO SPEND ANY MONEY. HIGHPOINT POINT MAKES A LOT OF MONEY.

WOULD YOU SAY THERE PARKING UNDERNEATH IT? >> I WOULD SAY SMALLER SAUCER.

I MEAN THERE'S ONLY PARKING ONTO THE SMALLER BUILDING USING THE INSIDE OF IT.

>> I'M SORRY, MR. ADMINISTRATOR. OK.

I DON'T KNOW THE ANSWER TO THAT QUESTION. THEY ARE RENTING THE SMALL BUILDING FOR USE UNDER THEIR LEASE AND THAT LEASE IS AND CLOSED IN THE PACKET.

>> SIR, I HAVE A QUESTION. SO SORT OF BASED OFF WHAT YOU JUST SAID THAT THE PEOPLE WOULDN'T OBJECT IF IT WAS JUST THE FIRST ISLAND RESIDENTS SO THE OPPOSITION ISN'T TO A COMMERCIAL OPERATION THEN IT'S TO THE PEOPLE RUNNING AROUND THE NEIGHBORHOOD.

WELL IT'S JUST LIKE THE COMMERCIAL OPERATIONS SHOULD NOT BE GOING ON IN THE

NEIGHBORHOOD. >> BUT THIS NEIGHBORHOOD GRACIOUSLY ALLOWED IT TO BE

[00:35:01]

I'M JUST SAYING THAT IF IT WAS TRULY THOSE PEOPLE FROM THE FIRST KEY WHO DON'T HAVE TO PAYMENTS WHOSE MONEY ACTUALLY. BECAUSE IF YOU'RE A RESIDENT OF THE FUNKY IT'S PART OF WHAT THE COUNTY SERVICES ARE FOR THE FUSCA I BELIEVE IT WAS UP SET UP THERE BUT IT'S THE TOURISTS WHO PAY THE MONEY. BUT YOU KNOW, MR. JONES, WHAT WE CERTAINLY DO NOT BELIEVE BARRY SHOULD BE RUNNING FROM ONE OF THE THINGS THAT I DIDN'T SAY BUT WHICH IS INCORPORATED IN HERE OF FORCES UNDER THE COUNTY'S CDC PINKNEY ISLAND IS DESIGNATED AS THE FERRY

TERMINAL POINT. >> IT'S WRITTEN IN THE ORDINANCE AND THAT'S WHERE AT LEAST IT SHOULD THING THING ELSE. MR. CHAIRMAN, I'D LIKE TO AS BLUSTERING GERGIEV TO RICHARD QUESTION I'D LIKE TO ASK MR. IMMERSION QUESTION.

WELL YEAH THE LAWYER OF RIGHT. YES. I'M SORRY.

I'M. FORGIVE ME PLEASE. AND THEN A CREW I'M SORRY.

I GUESS I GET CONFUSED. MY QUESTION IS IS THAT I BELIEVE THAT THE PERMIT WAS ISSUED WHEN IN TWO THOUSAND SEVENTEEN IS THAT CORRECT? SOMETHING LIKE THAT.

WHEN WAS THE PERMIT? A PERMIT WAS ISSUED IN 2000 NOT 2009.

AFTER THE ZONING BOARD GOT ANYTHING OF THE VARIANCE IN 2000.

>> AND I BELIEVE YOU SAID THAT THE COUNTY HAS PLANS FOR NEW PLACES.

YES. HOW COME THEY HAVEN'T HAD NEW PLACES SINCE 2009? IN OTHER WORDS THAT'S A BIT OF TIME. WHEN WILL THEY MAKE SOME DECISION THAT THAT THIS WILL NO LONGER BE, YOU KNOW, BE USED FOR THAT AND THERE'LL BE NEW

PLACES? >> THE SHORT ANSWER WOULD BE. GOOD QUESTION.

THE SHORT ANSWER IS HURRICANE MATTHEW HAYDEN. IT'S 2016.

SO THERE WAS NOT A NEED TO USE ANOTHER EMBARKATION DEMARCATION POINT.

BEFORE HURRICANE MATTHEW HIT THE POINT THAT WAS BEING USED FOR THE FERRY AT THAT TIME IN FEBRUARY OF 2017 THE SERVICE RELOCATED TO BUCKINGHAM LANDING WITH A LEASE BETWEEN THE FERRY OPERATOR AND MR. ROLLER WHO YOU'VE HEARD ABOUT WHO OWNED THE PROPERTY AT THAT TIME THE

PROPERTY THE ROLLER PROPERTY THEN WENT INTO FORECLOSURE. >> THE COUNTY ACQUIRED THE PROPERTY IN ORDER TO MAINTAIN THEY USE OF THAT SITE AND THE COMMERCIAL DOCK.

SO SINCE THE COUNTY OBTAINED THE PROPERTY IN 2018 IT HAS BEEN LOOKING FOR ALTERNATIVE SITES. WHY THAT TOOK SO LONG? I CAN'T GIVE YOU A COMPLETE ANSWER TO THAT EXCEPT THE ACQUIRING A PROPERTY IN LOCATING A PROPERTY THE ACQUIRING PROPERTY ETC. IS A TIME CONSUMING PROCESS. SO IT IS IN THE WORKS.

>> HOWEVER IT'S A DIFFICULT ANSWER TO HOWEVER IF YOU ARE A RESIDENT THERE AND THERE IS SOMEWHAT OF A OF A PERIOD THAT IT'S GOING TO BE SOME OTHER PLACE THAT THEY MAY BE MORE WILLING TO ACCEPT IT THEN IF THEY HAVE NO IDEA YOU KNOW IT COULD BE ONE HUNDRED YEARS FROM NOW THAT YOU CHANGED THE DOCK IN ORDER. I'M SAYING IN OTHER WORDS IT'S LIKE PUTTING OUT WE'RE GOING TO WE'RE GOING TO MOVE IT. YOU KNOW, THAT'S THE COUNTY'S PLAN. YOU KNOW SO WELL CAN TOLERATE IT TILL YOU MOVE IT.

BUT IF YOU DON'T KNOW WHEN YOU'RE GOING TO MOVE IT AND THAT COULD BE TWENTY FIVE YEARS. THAT AIN'T GOING TO THAT IS GO WORK TOO WELL FOR THE RESIDENTS. HOWEVER, YOU KNOW, IF YOU DO MOVE IT SAY IN A REASONABLE AMOUNT OF TIME THE RESIDENTS MAY BE LESS YOU KNOW THEY'RE AFFECTED BUT THEY ME MAYBE LESS

UPSET ABOUT IT BECAUSE IT'S GOING TO BE GONE. >> I DO APPRECIATE WHAT YOU'RE

SAYING. >> THOSE EFFORTS ARE UNDERWAY. I DON'T WANT TO GET INTO TOO MUCH. THERE HAS BEEN SOME PUBLIC ACTION BY THE COUNTY COUNCIL WITH REGARD TO THOSE LOCATIONS AND FINDING OTHER LOCATIONS IS UNDER WAY.

I CAN SAY THAT I KNOW THE COUNTY WOULD LIKE TO HAVE MOVED MORE QUICKLY AS WELL.

I DO WANT TO RESPOND TO ONE THING. I'M ADVISED THAT THE COUNTY PAYS FOR THIS PUBLIC FERRY SERVICE TO THE FERRY OPERATORS. THE COUNTY DOES NOT MAKE A PROFIT FROM THAT SERVICE. AND ALSO AS YOU CAN IMAGINE, IT IS WRONG TO DIFFERENTIATE BETWEEN RESIDENTS AND TOURISTS WHEN YOU'RE OPERATING A PUBLIC FERRY SERVICE THAT TAKES THE PLACE OF PUBLIC ROADS. YOU COULD HEAR WELL SAY NO TOURISTS ARE ALLOWED TO DRIVE

OVER TO. >> I HAVE A QUESTION. YES, MA'AM.

YOU ARE RELYING ON THE DOCK PERMIT THAT WAS ISSUED BY OCR M ,WHICH IS A STATE AGENCY THAT'S SAYS IT'S A COMMERCIAL DOCK. BUT OUR DOCUMENT FROM THE VARIANCE SAYS THAT IT'S JUST IT'S NOT A USE VARIANCE AND THAT THE DOCK IS INCIDENTAL TO

[00:40:06]

THANK YOU. I UNDERSTAND EXACTLY WHAT YOU'RE SAYING.

WE ARE RELYING ON THE COUNTY ZONING PERMIT WHICH SHOULD BE AND IS THE THIRD DOCUMENT UNDER THE INFORMATION THE PLANNING DIRECTOR READ THAT ZONING PERMIT HAS A PLACE FOR CONDITIONS. IT REFERS TO THE ZB 0 0 0 ACRES APPROVAL OF THE DOT VARIANCE ON JULY 24TH 2008 FOR THE OCA ARE AN ATOMIC CLOCKS. ALSO IF SOMETHING IS SCRATCHED AND COMMERCIALS WRITTEN ON THERE'S THERE'S NO NOTE WHO DID THAT OR IF THAT WAS DONE AFTER THE FACT. IT SAYS UNDER HIS NAME WHAT ROLE OR FUTURE COMMERCIAL MODEL ? I DON'T KNOW THE SEQUENCE OF THE COMMERCIAL WHAT IT SAYS PROVES YOU SAID THERE'S SOMETHING ALL SCRATCHED OUT AND THEN IT SAYS COMMERCIAL DOG.

SO I WOULD SAY THAT THAT WAS IT WAS DONE. WHO WAS THAT DONE, BOB IN THAT

COUNTY? >> THE COUNTY ISSUED THE PERMIT.

IT'S SIGNED BY A COUNTY OFFICIAL APPEARS TO BE LISA GLOVER.

SO IT'S THERE'S NO ALLEGATION THAT THIS IS NOT IN ORDER AND PROPERLY ISSUED BY THE COUNTY.

IT'S HAS BEEN IN EFFECT FOR 13 YEARS. >> MR. CRAIG TO WOULD UNDERSTAND IT WOULD BE THE COUNTY'S POSITION THAT IF THERE WAS A RESTRICTION ON THE OCR AND PERMIT SAYING RESTRICTING IT TO THE RESTAURANT, THE COUNTY WOULD AGREE THAT THE FERRY SERVICE WOULD BE AT NONCONFORMING USE AND I WOULDN'T GO THAT FAR.

>> THERE IS NO RESTRICTION ON THAT CRM. IT SAYS ON PAGE THE SECOND PAGE OF THE OCR PERMIT DOCUMENT NOT THEY ACTUAL CONSTRUCTION PERMIT.

IT SAYS THE PURPOSE OF THIS WORK IS STATED BY THE APPLICANT IS FOR COMMERCIAL USE AND THE DOCKING AND THOSE SO. AND THAT WAS THE APPLICATION BEFORE THE VISIO DAY IN 2008.

MEROLA AT THAT TIME IT WAS FOR THAT COMMERCIAL USE OF COMMERCIAL DOCK.

THAT WAS THAT WAS I THINK CLEAR . SO AS POINTED OUT BY MR. MERCHANT AND HIS DETERMINATION IN APRIL THIS WAS A VALIDLY ISSUED ZONING PERMIT FOR COMMERCIAL DOCK. IT WAS CONSISTENT WITH THE OCR AND IT WAS NOT TIED TO THE LANGUAGE OF THE ORDER OF THE VISA WAY. THERE WERE NO CONDITIONS OR RESTRICTIONS OR LIMITATIONS PUT ON IT BY THE PERMIT OR BY THE ORDER OR DIRECTED BY THE ORDER OF THE BUSY HIGHWAY TO BE PUT ON THE PERMIT. SO IT'S A VALID PERMIT THAT'S STILL IN EFFECT AND WE WOULD URGE THAT THIS BOARD FIND THAT AND UPHOLD THE DETERMINATION OF MR. MERCHANT. AND I WOULD LIKE TO ASK OUR ATTORNEY SOMETHING, PLEASE.

YES, MA'AM. >> RIGHT. SO MAY I ASK YOU SOMETHING?

>> DO WE THINK YOU WOULD HAVE TO COME INTO EXECUTIVE SESSION? OK, LET'S TALK ABOUT IT.

SO IF YOU WANT TO KNOW WHAT IT'S LIKE TO MOVE THAT WE MOVE INTO EXECUTIVE SESSION.

>> YOU WANT TO TAKE ANY LEAVE BEFORE WE GO INTO EXECUTIVE SESSION? I THINK IT'S GOOD TO GATHER EVERYTHING KIND OF VIEW HERE. OK.

MR. CHAIRMAN, I'D LIKE TO ASK YOU. YES.

I'M LOOKING AT THE ORIGINAL VARIANCE FROM 2008. >> AND MR. MAD LINGER BACK DOWN PROMOTES CRM. DID STAYED IT WAS A COMMERCIAL DOC.

>> YES. SO DISCRETION ABOUT THAT. I BELIEVE IT WAS A COMMERCIAL DOC. CORRECT ME IF I'M WRONG BECAUSE THERE WAS A SHRIMP BUSINESS THERE OR AT LEAST THE BOAT USED TO SIT THERE ALL THE TIME. THIS SHRIMPER CRIMINAL AND I THINK THAT MAY HAVE BEEN THE COMMERCIAL PART OF THE DOCK. I'M NOT SURE BUT HISTORICALLY THAT WAS WELL THE DOG WASN'T BUILT WHEN THIS WAS THIS WHEN THEY WERE ASKING FOR THE

VARIANCE AT A COMMERCIAL. >> I KNOW BUT IT WAS PARK VENDOR MR. CROW.

HOW DO YOU SQUARE THIS WITH THE HEALTHIER HOLDING WHICH NOTES THAT THE USE IS DEFINED AS THE SPECIFIC PURPOSE FOR WHICH THE LAND OR BUILDING IS DESIGNED, ARRANGED OR INTENDED? IS IT YOUR POSITION THAT THE DOCK THAT BEING COMMERCIAL ALLOWS YOU TO CHANGE THE USE

[00:45:01]

OF THE PROPERTY? >> MY VIEW IS THAT THAT WOULD BE THE EFFECT OF THIS VARIANCE PERMIT THAT WAS GRANTED THIS THIS PERMIT FOR COMMERCIAL SO IT WAS GRANTED BY BECAUSE OF THE PURPOSE OF COMMERCIAL DOCK WOULD BE COMMERCIAL PURPOSES THAT'S THE OCR AND DEFINITION OF COMMERCIAL DOCK. AND THAT'S SORT OF THE RATIONALE REASONABLE RELATIONSHIP. SO IN GRANTING THE VARIANCE IN 2008 THE ZONING BOARD ALLOWED A COMMERCIAL DOCK AND THEN ALLOWED COMMERCIAL USES FOR THE DOCK.

THIS IS A HIGHLY UNUSUAL SITUATION SO. IF SO IT COULD HAVE EXPAND IT BY VIRTUE OF THE DOT BEING THERE IT COULD EXPAND THE NUN CONFORMING USE THAT WAS APPROVED IF IT IS A CINCH. I MEAN THE NONCONFORMING USE AS I UNDERSTAND IT WAS THE

RESTAURANT. >> THAT'S CORRECT. THE RESTAURANT WAS THE NONCONFORMING USE ONCE THE PERMIT WAS GRANTED NONCONFORMING USE NO LONGER CAME INTO PLAY BECAUSE IT WAS A PERMITTED ACTIVITY LIKE A BAR RIGHT ACTIVITY.

SO THEY ACTIVELY ON THE COMMERCIAL DOCK WERE ALLOWED AS THE EFFECT OF THE ZONING BOARD DECISION IN 2008 IS IT IS THERE A LEGAL WHAT'S THE SUPPORT FOR THAT AS DE BASE DV CASE THAT

YOU'RE BASING THAT ON BUT IT CHANGES THE USE ADDS TO THAT. >> I HAVE FRANKLY BEEN ABLE TO FIND A CASE ON ALL FOURS WITH THIS SITUATION. IF I HAD ONE BELIEVE ME I WOULD HAND IT UP AND I CAN'T FIND ONE ON ALL FOURS AND I CAN'T FIND ONE THAT SAYS THAT IS NOT THE SITUATION. SO I THINK WHAT THE BOARD IS LEFT WITH IS DETERMINING WHETHER THIS PERMIT IS VALID BECAUSE WHAT IT DOES SEEM FAIRLY CLEAR FROM THE COURT OF APPEALS DECISION HEALTHCARE IS AS THAT USE BEING DETERMINED BY WHAT'S PRIMARY TO TO THE PROPERTY AND IT SEEMS THE COUNTY IS TAKING THE POSITION THAT BECAUSE THE COMMERCIAL

DOCK WAS GRANTED IT MAKES ALL THE OTHER STUFF IRRELEVANT. >> EFFECTIVELY THE ABANDONMENT OF THE PURPOSE AND EVERYTHING TO THAT POINT IN HAVING ANY OF THE OTHER.

>> I DO AGREE WITH THAT THAT THE GRANTING OF THE VARIANCE PERMIT MADE ALL THESE DETERMINATIONS ABOUT NONCONFORMING USES ABANDONMENT OF THE RESTAURANT IRRELEVANT IN IN TWO YOU'RE RELYING ON THIS IS OWNING BOARDS AP DECISION TO GRANT THE PERMIT WHEN IN THAT ORDER WE EXPRESSLY STATE THAT HEY THIS IS NOT THIS PERMIT IS NOT GRANTED THE VARIANCE IS NOT GRANTED AS A USE VARIANCE IN THAT THE DOCK IS JUST INCIDENTAL TO IT BUT IT KIND

OF FEELS LIKE A TROJAN HORSE THERE. >> WELL I THINK THIS IS A GOOD QUESTION BUT I THINK IT'S CLEAR THAT THE ZONING BOARD AND 2008 COULD HAVE SAID WHEN IT GRANTED THE PERMIT THE GRANTING OF THIS PERMIT IS CONDITIONED ON THE CONTINUED ACTIVITY OF THE

RESTAURANT. >> IT DID NOT DO THAT. SO YOU HAVE A COMMERCIAL DOCK PERMIT THAT STANDS ALONE AND IS VALID. THAT'S THE SITUATION INTO IT

WILL END. >> SO THEN ANYTHING THAT CAN BE DONE ON THAT COMMERCIAL DOCK

CAN BE CARRIED OUT ON THE LAND THAT IT'S INCIDENTAL TO. >> THAT WOULD BE THAT WOULD BE

ACTUALLY JOY. >> SO THE CDC WOULDN'T APPLY AS TO WHATEVER THAT LAND THAT SEEMS THAT WOULD BE MY UNDERSTANDING. OK, THAT'S CLEAR.

ANY OTHER ANY OTHER QUESTIONS FOR YOU THAT JULIA I'M WASHING UP I WAS MOVED TO GO TO

EXECUTIVES EXECUTIVE THEY'RE DO YOU WANT TO TALK IF WE TAKE. >> NO, NO, I DON'T GET NO

COMMENT. >> I SECOND IT. I NEVER DID.

SO I THINK THAT'S BEEN MADE THAT WE GO INTO EXECUTIVE SESSION AND STILL WE GO TO THE COMPANY. YEAH, THAT'S WHAT WE'RE GOING TO GO SPEND SECOND ON A FAVOR.

EXECUTIVE SESSION WE'RE GONNA GO INTO EXECUTIVE SESSION. WE'RE GONNA BRING THIS MEETING

BACK TO ORDER ONCE WE RETURN. >> YES. EMOTIONALLY ON THE EXECUTIVE SESSION THIS THE REASON WHY? BECAUSE YOU SUGGESTED MAYBE YOU GO TO EXECUTIVE SESSION OR SEEK LEGAL ADVICE JUST TO MAKE SURE THAT WE'RE OUT OF NEWS THAT WE ARE.

>> TO CLARIFY THAT AND MOVE THAT WE GO TO EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE ON

CERTAIN OF THE ISSUES BEFORE THE BOARD IN THIS MATTER. >> I'LL ACCEPT THAT CHANGES THE MOTION SETTLEMENT PROBABLY MADE. AND SECOND ON THE PEOPLE

OF EXECUTIVE SESSION S >> NO QUITE SURE THERE ARE SOME QUESTIONS THAT SOME OF MY TEAM

[00:50:21]

TWENTY TWO DETERMINATION. >> CAN YOU TELL ME WHAT STEPS YOU TOOK TO INVESTIGATE WHETHER THERE HAD BEEN A DISCONTINUOUS OF THE USE OF THE PROPERTY UNDER EIGHT POINT TWO POINT FOUR FORTY WE DID TAKE STEPS TO DO THAT INITIALLY FOCUSING ON THE RESTAURANT UNTIL WE REALIZED THE NATURE OF THE OF THE COMMERCIAL DOCK PERMIT AND SO WE CHANGED THE WAY THAT

WE WERE INVESTIGATING. >> BASED ON THAT, WHAT DID YOUR INVESTIGATION AT THE RESTAURANT ON WHAT WE WERE NOT ABLE TO COME UP WITH AS A DETERMINATION WHEN IT CLOSED WE WERE GOING BY

. >> YOU KNOW, WE HAD LOOKED AT DIFFERENT ARTICLES OF WHEN I

WAS IN THE PAPER. >> WE WERE HAVING A DIFFICULT TIME PINPOINTING THE EXACT

DATES THAT IT CLOSED DEEP INTO DEED. >> WHAT BUT IT WOULD BE SAFE TO SAY THAT YOU DIDN'T FIND ANY USE OF THE PROPERTY AS A RESTAURANT DURING YOUR

INVESTIGATION OR DID YOU? >> WHAT? ALL I COULD SAY IS THAT WE WERE NOT ABLE TO DETERMINE WHEN IT CEASED TO BE A RESTAURANT IS YOU KNOW THAT THAT PARTICULAR PART OF OUR INVESTIGATION WAS SUPERSEDED BY LOOKING A DIFFERENT WAY AND LOOKING AT

THE THE ACTUAL PERMIT FOR THE DOCK. >> SO THAT WAS NOT THE WAY

DETERMINES WHETHER THIS WAS A LEGAL USE OR NOT. >> DID YOU LOOK IF THE RESTAURANT CEASED TO USE THEN THE DOCK WAS NOT USED SINCE IT WAS INCIDENTAL TO THE RESTAURANT. DID YOU EXPLORE THAT? DID WE? THE DOCK WAS CONNECTED TO THE RESTAURANT AND THE RESTAURANT WAS CLOSED.

DID YOU EXPLORE THAT THE DOCK WAS NOT BEING USED EITHER. WELL WHAT WE DETERMINED IS THAT

DOCK CAME. >> IT WAS PERMITTED. HE WAS ISSUED AS A COUNTY

PERMIT SO THERE'S NO CRM PERMIT FOR THE DOCK. >> THERE'S ALSO A COUNTY PERMIT FOR THE DOCK IN THE REASON THAT THE COUNTY ISSUES A PERMIT IS THAT WE HAVE A DOCK ORDINANCE THAT GOVERNS ON SMALL TIDAL CREEKS BOTH THE MAXIMUM LENGTH IF THE DOCK COULD BE BUT IT ALSO RESTRICTS COMMERCIAL STOCKS ON SMALL TITLE. AND THAT IS WHAT THE VOA IN THEIR DECISION IN 2008 ALLOWED FOR COMMERCIAL DOCK IN THAT LOCATION.

SO BECAUSE THAT WHAT THAT DETERMINATION WAS MADE THROUGH A VARIANCE IT HAS A DIFFERENT.

WE DO NOT TREAT THAT IS THE SAME WAY WE WOULD TREAT A USE IN A USE THERE'S A CERTAIN PERIOD OF ABANDONMENT IN THAT AND THAT NONCONFORMING USE CEASES.

>> YOU KNOW IT NO LONGER EXISTS WITH THE COMMERCIAL DOCK WHICH WAS ISSUED UNDER A VARIANCE VARIANCE GOES WITH THE PROPERTY AND THERE UNLESS THERE'S CONDITIONS STIPULATED THAT THE VARIANCE THAT THAT PERMISSION AS A COMMERCIAL DOCK DOES NOT GO AWAY REGARDLESS OF WHETHER

THERE IS A PERIOD WHEN IT'S NOT BEING USED. >> THEY DON'T UNDERSTAND THAT YOU CONSIDERED THE TWO THOUSAND EIGHT ORDER AS PART OF YOUR INVESTIGATION.

>> WE LOOKED AT THE ACTION OF THE ZB WAY IN THE MINUTES AND WE LOOKED AT THE COUNTY'S PERMIT AND I SPOKE WITH HILLARY AUSTEN ABOUT THE NATURE OF THE ORDER AND FROM MY UNDERSTANDING THAT ORDER IS MEANT TO JUSTIFY THE DECISION OF THE ZOMBIE AWAY.

BUT IT IS NO. THE CBOE IN 2008 PLACED NO CONDITIONS ON THE ISSUANCE

[00:55:02]

>> BUT ULTIMATELY THERE ARE CONDITIONS TIED TO THE USE OF THE LAND WHICH THE DOCK IS

INCIDENTAL TO. >> WE'RE SAYING WE'RE TALKING ABOUT THE COMMERCIAL DOCK.

WE'RE NOT JUST YOU KNOW, WE DIDN'T LOOK AT IT AS INCIDENTAL OR ANCILLARY.

WE'RE LOOKING AT THE PERMIT FOR THE DOCK. >> SO YOU SAYING YOU OUR SOLE

PURPOSE HERE IS FOR THE DOCK ITSELF? >> YES.

IN NOT WHETHER THE USE THE NONCONFORMING USE HAD BEEN ABANDONED.

CORRECT. >> BUT ISN'T THE NONCONFORMING USE ON THE LAND PART OF THE PROPERTY WHICH WOULD IT HAVE PARKING AND THE SUPPORT FOR THE COMMERCIAL DOCK WHICH IS SEEMS

LIKE WAS WOULD DEFINITELY BE TIED TOGETHER. >> WELL THIS WAS ISSUED AS A

COMMERCIAL DOCK AND THAT IS THE PRIMARY. >> THAT IS HOW IT IS FUNCTIONING TODAY AND THE PARKING. AND I BELIEVE THAT THERE ARE FACILITIES, RESTROOM FACILITIES AND BUILDINGS. THOSE ARE ANCILLARY TO THE

FUNCTION OF THAT AS A COMMERCIAL DOCK. >> THAT'S WHERE WE'RE LOOKING AT THE ACTUAL PERMIT THAT WAS GIVEN BY THE COUNTY IN YOUR SEPTEMBER 28 20 21 LETTER TO

MR. TAYLOR. >> YOU SAID YOU WERE CONSIDERING WHETHER THE COMMERCIAL FISHERY OPERATION IS OPERATING AS A LEGAL NONCONFORMING USE BUT THEN YOU ULTIMATELY CHANGED YOUR ANALYSIS OF THE ISSUE AT SOME POINT DURING YOUR INVESTIGATION

. >> SO IN BECAUSE THAT'S NOT THE QUESTION THAT YOUR APRIL 20TH

20 OR 20 TWO LETTER ANSWERS. >> CORRECT. >> WELL, WHAT WE DETERMINED IS THAT IT IS A LEGAL USE BECAUSE IT IS A COMMERCIAL DOCK THAT WAS PERMITTED IN IT WAS A VARIANCE THAT WAS TAKEN BY THE CBO AND THOUSAND EIGHT VARIANCE GOES WITH THE LAND THAT GOES WITH THE PROPERTY. I MEAN THE LETTER THAT I ISSUED IN SEPTEMBER WAS IN RESPONSE TO THE QUESTION THE REQUEST THAT WAS BEING MADE FOR ME THAT WHEN WE DID OUR ANALYSIS THAT IS WHEN WE DETERMINED WE LOOKED AT THE ACTUAL PERMIT ISSUED FOR THE DOCK AND MORE QUESTIONS FOR

THE COUNTY. >> I JUST HAVE ONE QUESTION AND I DON'T KNOW IF IT'S EVEN RELEVANT BUT IF WE WERE TO FIND THAT, YOU KNOW, THIS HAVE BEEN A ERA IN THE ADMINISTRATION, WHAT HAPPENS TO THAT DOG DO THAT VERY STILL OPERATE FROM THAT DOCK TO TO TRANSFER TO FOLKS TO THE FIRST GAY OR OR WHAT HAPPENS AT THAT POINT IF THERE IS AN ERROR IN THE ADMINISTER? IF WE FIND OUT THAT, YOU KNOW, WE THAT THAT THE COUNTY AIRED IN ERROR IN AND I'M JUST HYPOTHETICALLY SPEAKING, YOU KNOW.

>> YEAH. AND I THINK I IF I CAN HAVE. THIS IS FROM WHAT I UNDERSTAND THIS PARTICULAR DETERMINATION THAT WAS REQUESTED IS PART OF A AND ONGOING LAWSUIT WITH THE COUNTY. SO I AM NOT CLEAR ON WHAT THE NEXT STEPS ARE.

>> DEPENDING THE OUTCOME OF THIS PARTICULAR MEETING I DON'T KNOW.

THAT'S SOMETHING THAT WE CAN SPEAK TO. I MEAN IF SOMEONE HAD TO CLARIFY THIS CHAIR, MY POSITION WOULD BE IF THIS BOARD DETERMINES THE MAKE OR DETERMINES THAT THE PLANNING DIRECTOR AIRED THE NEXT MOVE BY THE PLANNING DIRECTOR WOULD BE

[01:00:03]

INTERLACED WITH THE LAWSUIT IF THAT WERE THE RESULT. >> LUCA, THE RECORD ON THAT.

I AGREE WITH DAVE'S ASSESSMENT OF THAT. THAT IS HOW IT WOULD OPERATE AND I WOULD ASK THAT THE BOARD ALSO NOT MAKE YOUR DETERMINED BASED UPON THAT BECAUSE THERE IS CERTAINLY A METHOD OF APPEAL THAT THE COUNTY COULD TAKE KNOW AND THE FERRY WOULD WANT MORE.

>> I GUESS THAT'S JUST EXCLUDING ANY MORE QUESTIONS FOR THE BEFORE ANYONE.

>> YES. >> WITH THAT BEING SAID, I GUESS IT'S TIME THAT I GUESS WE CAN HAVE SOME PUT A MOTION ON THE FLOOR SO WE'LL HAVE A MOTION OR WE CAN HAVE A

DISCUSSION. >> WE HAVE NO YOU DON'T HAVE A PUBLIC COMMENT OR NO LISTEN, I WOULD OFFER A MOTION TO REVERSE THE DECISION THAT THE COUNTY FOR FAILURE THE DECISION MAKING IN DETERMINING THE STANDARD UNDER AS TO WHETHER THERE IS A DISCONTINUE ITS USE UNDER A POINT TO POINT FOR IN FOLLOWING THIS SEVEN STEPS AND IN TO THAT MOVE TO REVERSE THE DECISION.

>> I'LL SECOND IT. SO THE MOTION IS TO REVERSE THE DECISION OF THE COUNTY BASED ON EIGHT POINT TWO POINTS. WE SAID FOUR THAT WAS WELL THEY WERE THEY MADE AN ERROR IN DETERMINING THAT THEY MADE COUNTY ERROR IN DETERMINING WHETHER THE STANDARDS THAT THEY WERE TO CONSIDER THIS WE MET UNDERNEATH HERE AND FOLLOWING THE DISCONTINUE TO THESE IN DETERMINING WHETHER THERE HAD BEEN OK. SO THERE WAS A MOTION ON THE FLOOR TO REVERSE AND IT'S BEEN SECOND. SO ALL IN FAVOR OF THE MOTION THAT'S ON THE FLOOR. SO. SO WHEN WE REVERSE AND JUST SORT OF CLARITY THAT DOESN'T SEND THE THIS THIS CASE BACK TO THE COUNTY WHEN WHEN WE REVERSE IT THAT JUST WE WE DON'T MAKE CLARITY ON ON THOSE SEVEN WHAT IS A SEVEN STEPS THAT THAT THEY

SHOULD BE CONSIDERING. >> OH WE HAD THIS AS IT OUTLINED HIS REVERSAL OF THAT DECISION AS TO THE REVERSAL OF THE DECISION THE INTERPRETATION UNDER THE SEVEN FACTORS THAT ARE SUPPOSED TO BE CONSIDERED OK AND IT'S ONLY TWO POINT 4 0 0 0 5.

SO THERE'S A MOTION ON THE FLOOR TO REVERSE AND IT'S BEEN PROPERLY MADE AND SECOND ALL IN FAVOR REVERSING BASED ON A POINT TO 4 0 ALL IN FAVOR OF THE REVERSAL.

COULD YOU JUST SIGNIFY BY RAISING YOUR RIGHT HAND SO AS TO ACCOUNT? DO YOU WANT TO SO I GUESS THE MOTIONS ACTUALLY. SO IT'S ACTUALLY 3 AND 3.

ACTUALLY THE MOTION FAILS. YOU DIDN'T ASK SUPPOSE ANYONE ANYONE ANYONE OPPOSED TO THE

REVERSAL ANY READINESS FROM ANYONE? >> NO.

SO WITH THAT BEING SAID, THE MOTION ACTUALLY FAILED. >> SO WHEN THE MOTION FAILS ACTUALLY WHERE IT GOES BACK TO THE MOTION FAILS TO GO BACK TO THE.

YOU JUST HAVE THE CHAIR AND ENTERTAIN ADDITIONAL MOTIONS FROM THAT MOTION OF FACT AS I UNDERSTAND IT WAS THERE WOULD BE THAT THE AMA HAS REQUESTED REVIEW NOT BECAUSE HE HAS THE BURDEN. SO 3 3 RIBAUT NOT OVERTURNING THE ADMINISTRATOR.

[01:05:05]

[12. Mr. Mike Vaccaro is requesting a Variance from the River Buffer for a Pool. Property is located at 3 Halandy Lane, Daufuskie Island. The Property is zoned Haig Point Planned Unit Development (PUD).]

>> SO WE'RE MOVING ON TO ITEM NUMBER TWELVE TWELVE. WHAT'S THE MIKE VACCARO TESTIMONIAL? MR. FOR THE OTHER PROP FOLKS FROM THE CASE THAT THIS WAS I GUESS PARTIALLY IN YOUR SPEECH ? GO AHEAD.

GOOD EVENING, LADIES AND GENTLEMEN. MY NAME IS MIKE MCCARROLL.

I'M REPRESENTING CRAIG AND KELLY TURNER. THEY ARE MY CLIENTS.

I'M AN ARCHITECT. I LIVE AND WORK IN BUTTE COUNTY.

MS. HILTON HEAD BASED ARCHITECT. I'VE BEEN HERE BEFORE I MOVED TO HILTON HEAD IN 2001 AND OPENED MY PRACTICE IN 2003 WITH A FOCUS ON PLENTY ENOUGH TO FUSCA AND HOPEFULLY NOT AS CONTROVERSIAL AS THIS LAST ITEM.

WHAT I AM BRINGING FORWARD FOR YOUR CONSIDERATION TODAY IS A PROJECT THAT I'M WORKING ON WHERE WE ARE LOOKING TO GET A VARIANCE INTO THE OCR AND RIVER BUFFER SPECIFICALLY FOR A POOL OF THIS IS A PARCEL OF LAND ON A LITTLE HAMMOCK ON THE MUSKY ISLAND RIGHT OFF WITH THE PLUS ISLAND IT HAS FOUR LOTS OF DESIGN A HOUSE ON THIS LOT AND I'VE ALSO DESIGNED A HOUSE ON ANOTHER LOG ON THIS LITTLE HAMMOCK AND THERE ARE TWO EXISTING HOMES THAT WERE BUILT

. >> ONE IS FILLED COMPLETELY LATE 80S WITH ONE LATE 90S.

IT'S A STRANGE LITTLE HAMMOCK. I MEAN THE WHOLE LITTLE ISLAND IS LESS THAN A COUPLE ACRES AND REALLY IS AFFECTED BY THE INCREASE IN THE OCEAN AROUND THE SETBACK REQUIREMENTS THAT HAVE OCCURRED OVER THE YEARS. WHEN THE WHEN THE PROJECT PLANTED ORIGINALLY THE SETBACKS FOR 40 FEET NOW THE NOW THE BUFFER IS 60 FEET. I THINK THAT YOU GUYS THIS IS THIS IS MY FIRST TIME IN FRONT OF THIS BOARD SO FORGIVE ANY PROTOCOL IF YOU THINK YOU GUYS HAVE PROBABLY SEEN MANY PEOPLE COME IN WITH WANTING A POOL AND GOING PAST THE BUFFER AND ALL OF THAT THIS AND I'VE BEEN INVOLVED IN SOME OF THOSE IN THE PAST TWO HAVE WORKED WITH HILLARY ON OTHER PROJECTS AND YOU KNOW MY INTENTION IS ALWAYS TO KEEP YOU KNOW, KEEP THOSE POOLS WELL WELL PAST THE BUFFER, YOU KNOW, 20 PLUS YEARS I'VE NEVER BROUGHT A PROJECT IN ,YOU KNOW, IN FRONT OF THIS BOARD FOR PLUS THINGS BUMPER VARIANCE UNTIL THIS ONE.

IT'S AN ODD LITTLE PROJECT BECAUSE THE FACT THAT THIS LITTLE ISLAND HAMMOCK HAS BUMPERS ON ALL OF FOUR SIDES THE IT'S THE ZONING IS CLEAR IN WHAT THEY STAY IN THIS YOU KNOW THIS IS THIS IS A VERY CLEAR CASE IN THE ZONING CLEARLY STATES THAT YOU NEED TO HAVE YOU KNOW, AN EXCESSIVE BURDEN TO TO ASK FOR THESE POOLS OR ASK FOR A VARIANCE THE BUFFER IN I UNDERSTAND THE IMPORTANCE OF THE RIVER BUFFER, YOU KNOW, FOR FOR RUNOFF AND DRAINAGE AND

AS AN ARCHITECT I'M LOOKING AT DESIGNING THESE PROJECTS. >> YOU KNOW, I FIRST HAVE A

[01:10:04]

THIS IS A BIG HOUSE ON THAT ON THE RIGHT SIDE ON THE EAST SIDE OF THE ISLAND.

AND I'M FORGETTING THAT THE HOUSE RIGHT IN THE MIDDLE OF THE ISLAND RIGHT NOW.

AND THEN THERE'S THEN THERE'S MY HOUSE WHICH CALLED THE TURNER HOUSE THE SHEA AND THE OTHER HOUSE ARE OR OR THEY'RE THERE EXISTING. SO I TRIED NOT TO PUSH FORWARD SOUTHWARD OF THE PROPOSED TURNER RESIDENCE TOO MUCH SO THAT IT DIDN'T LOOK, YOU KNOW,

OUT OF PLACE WITH WITH THOSE TWO EXISTING HOUSES. >> THERE WAS A SIMILAR AERIAL VIEW MAYBE MAYBE IF YOU COULD PULL THAT UP THE COLORED IT'S THE LAB CITY IN THE MIDDLE IF YOU GO TO THE LAST PAGE IN THE FACT THAT I DON'T KNOW IF IT'S BLACK LATER IF THIS WAS COLOR BUT THERE IS AN AERIAL VIEW FROM THE COUNTY D.A. S WEB SITE WHERE I OVERLAY THE PROPOSED HOUSE AND IT SHOWS THE EXISTING HOUSES. SO IN DESIGNING THIS PROJECT, YOU KNOW, NOT ONLY HAVE TO TAKE INTO CONSIDERATION THE RIVER BUFFER WHICH IS A SPECIFIC REASON WHY I'M HERE FOR THIS VERY BUT I'M ALSO TAKING INTO CONSIDERATION THE IMMEDIATE IMPACT ON THE TWO NEIGHBORING HOUSES AND ALSO TAKING INTO CONSIDERATION THE IMPACT ON HAY POINT AS A WHOLE. SO YOU KNOW, CONSIDERING THE VOLUMES OF THE NEIGHBORING HOUSES IN THIS HOUSE I PLACED THE HOUSE SEVERAL FEET SOUTHWARD OF THE TWO EXISTING HOUSES SO IT WILL BE PROUD OF THE TWO HOUSES AS YOU APPROACH BY SEVENTY EIGHT FEET.

I DIDN'T WANT TO PUSH IT TOO MUCH FURTHER. ONE IS BECAUSE I KNOW I'D HAVE TO START GETTING HAY POINT SETBACK VARIANCES AND THEN WE GET INTO THE OCEAN AND STEP BACK ON OUR SIDE OF THE ISLAND WHICH ON ONE LAST ONE I CAME IN 20 20 AND WE HAD YOU KNOW WE HAD THAT ISSUE ON THE SOUTH SIDE AND SPEAK. WE WERE TALKING ABOUT THIS YOU KNOW, SHE BASICALLY SAID HILLARY WILL SPEAK UP IF I WERE TO PUSH THE HOUSE BACK MAYBE THERE WOULD BE FROM THE ZONING BOARD THERE'D BE MORE OF A PREFERENCE TO APPROVE THAT SORT OF VARIANCE. BUT BECAUSE YOU KNOW, WE'VE GOT THE HOUSE PUSH, YOU KNOW, AS FAR SOUTH AS I FEEL IS APPROPRIATE FOR THE NEIGHBORHOOD.

YOU KNOW, WE PUSH THE POOL BACK SO IT REALLY DIDN'T WANT TO MAKE LIKE AN L SHAPED HOUSE AND ASK FOR A VARIANCE ON THE HOUSE BECAUSE QUITE FRANKLY COMMON SENSE TELLS ME THAT THAT CREATES A LOT MORE RUNOFF. THE PURPOSE OF THE POSTS HERE ON BUFFER, YOU KNOW, NOT ONLY THE VEGETATIVE BUFFER BUT YOU KNOW THE MAJOR PURPOSE AND MY UNDERSTANDING AND PRACTICES IS THE RUNOFF INTO THE WATERWAYS. AND KNOW WHERE WE SET THIS HOUSE AND POOL.

I THINK, YOU KNOW, FROM A PROFESSIONAL STANDPOINT THAT I'VE BEEN WORKING AT A POINT SINCE 2004 I'VE DONE 40 HOUSES THERE. I'M VERY FAMILIAR WITH THIS SPECIFIC PARCEL, THESE SPECIFIC HOUSES. YOU KNOW, THIS THIS SPECIFIC PANIC MY FEELING IS THAT THIS IS THE APPROPRIATE POSITION FOR THIS HOUSE.

>> AND POOL AND I DO THINK THAT WE CAN MITIGATE RUNOFF IN MY CLIENTS WOULD YOU KNOW, MITIGATE ANY RUNOFF DUE TO VERY WHICH I ADMIT IS IS A LARGE VARIANCE.

IT'S NOT I DON'T FEEL THAT THIS IF YOU WERE TO GRANT THIS VARIANCE, IT DOES NOT

NEGATIVELY IMPACT EITHER OF THE TWO NEIGHBORS. >> IN FACT, THE NEIGHBOR TO THE WEST THIS POOL IS IN LINE WITH THEIR POOL IN THAT I DON'T KNOW.

[01:15:08]

NEGATIVE WAY. >> AND THAT'S THAT'S REALLY THE WHOLE GIST OF WHY I'M HERE TONIGHT. I DON'T I REALLY DO NOT I'D RATHER NOT POOL THIS HOUSE SOUTH BECAUSE I THINK IT IMPACTS THE NEIGHBORS IN A NEGATIVE WAY WHEREAS THE CURRENT SIDING DESIGN OF THIS HOUSE IS THE LEAST IMPACTFUL TO THE NEIGHBORHOOD.

AND IT ALSO ESTABLISHES MY CLIENTS PROGRAM IN THE IN THE BEST WAY WITH THIS POOL BEING ON THE NORTH SIDE OF THE HOUSE. YOU KNOW, WE DON'T WANT TO GET IT TIED UP INTO THE HOUSE TOO MUCH BECAUSE THEN YOU KNOW, YOU DON'T HAVE YOU DON'T HAVE SUN ON YOUR POOL.

IS THIS IF LOOKING AT NUMBER TWO THE POOL THEIR GUESTS TO THE.

>> THAT'S THE POOL THERE. MAY I APPROACH OR I CAN SAY IT. THAT'S THE POOL RIGHT? ALL RIGHT. RIGHT HERE THAT LINE IS THE EDGE OF THE HOUSE AND THAT'S THE POOL THAT HOLDS AND THAT'S . SO I I CAME IN 2020 WITH A DESIGN ON LOT 1 WHICH IS AT THE WESTERNMOST TIP OF THIS LITTLE ISLAND AND I WAS GRANTED ADMINISTRATIVE APPROVAL FOR A VARIANCE TO PUT THE HOUSE ITSELF TO WITHIN 20 FEET OF THIS WATERWAY. HOW BIG IS THAT SWIMMING POOL? IT'S THAT IT'S AN L SHAPED POOL. I CAN SEE THE FACT DIMENSION IS 18 FEET ABOVE THE THE LONG

DIMENSIONS THAT YOU SEE IS 32 FEET. >> AND THEN THERE'S A SECTION OF POOL THAT IS 12 FEET LONG BY 50 FEET LONG THAT RUNS UNDERNEATH THE HOUSE QUOTE BY

WHAT UNDERNEATH IT ALL OF THOSE AND THE TO THE WHOLE THING. >> NOW GET THE 50 FOOT LENGTH FITNESS IS PART OF THAT 50 FOOT LENGTH OF SEEKING FEET OF WHERE SO YOU KNOW YOU'VE GOT THE LEG OF THE L IS THE FULL LENGTH IS 50 FEET THE YOU CAN KIND OF SEE THAT THAT KIND OF THE TRADITIONAL RECTANGLE POOLS IS SET THERE AND THEN THE THE LEG THAT COMES OFF 32 FEET

ADDITIONAL. >> SO YOU HAVE A YOU END UP WITH A 50 FOOT LENGTH WHICH IS A LAP YOU KNOW THAT'S THAT'S GOING TO BE INTENDED TO BE THEIR LAP POOL.

WHAT HAVE YOU DONE TO MINIMIZE THE ENCROACHMENT IN YOUR FIGURE IN THIS? WHAT HAVE YOU DONE TO MINIMIZE YOUR ENCROACHMENT INTO THE SETBACK THE BIG THE BIG THING THAT WAS OF CONCERN TO ME IN DESIGNING THIS WASN'T NECESSARILY MINIMIZING THE ENCROACHMENT AND SETBACK IT WAS DOING. WHAT'S RIGHT FOR THIS ISLAND ITSELF. YOU HAVE THE MASSING OF THE TORSO.

I COULD HAVE I MEAN BUT WHAT I FEEL THAT WE'VE PUSHED THE HOUSE AS FAR SOUTH AS IS

PRACTICALLY GOOD FOR THIS LITTLE FOR LIFE NEIGHBORHOOD. >> SO.

SO TO ANSWER YOUR QUESTION, WE'VE PUSHED THE HOUSE AS FAR SOUTH AS I THINK IS PRACTICAL AND ACCEPTABLE TO THE TWO NEIGHBORS AND AND TO MY MIND AS WELL BECAUSE YOU KNOW, IF YOU DON'T WANT TO BE RIGHT ON TOP OF THAT THAT SITE AND START GETTING INTO THE OTHER 0 0 6 WAS THE PROGRESS MADE OUT OF IT AT THIS POINT IS UNDETERMINED. YOU KNOW, THESE PLANS ARE SCHEMATIC. YOU KNOW, IT COULD BE PERVIOUS MATERIAL.

THE IN THE POOL DECK IS GOING TO BE THE MAIN CONTRIBUTOR TO HARDING.

THE RUNOFF SITUATION. AND YOU KNOW, WE I WOULD WORK WITH THE COUNTY AND MY CLIENTS TO MAKE THAT POOL DECK OF A PERMANENT MATERIAL INTO DURING NORMAL CONDITIONS.

>> THE POOL ITSELF WILL NOT CONTRIBUTE TO YOU KNOW, DAMAGING RUNOFF.

THERE ARE SEVERAL CLUSTERS OF LIBEL THAT ARE KIND OF DOWN IN THAT SIDE TOO THAT I KIND OF PULLED THAT PART OF THE HOUSE AWAY FROM IT WHEN I ALSO HAVE ANY QUESTIONS.

>> YOU KNOW I HAVE ONE. GO AHEAD. THAT THAT DECK THERE THAT BIG

[01:20:03]

WHAT'S THE DIMENSIONS ON THAT? >> ARE YOU TALKING ABOUT THE POOL DECK?

>> CORRECT. COME DOWN THE STAIRS. WE GET THAT BIG DECK THAT'S THAT THAT DECK IS 80 WIDE AND IT'S 3 FEET WIDE ON THE SIDE ON THE ON THE WATER SIDE OF THE POOL DECK ITSELF THE SUN THE SUN DECK PART OF THE DECK IS A REALLY WIDE.

>> COULD YOU NARROW THAT UP WHEN YOU PULL IN A LITTLE MORE OF YOU KNOW, OBVIOUSLY ANYTHING'S POSSIBLE. BUT YES, THAT COULD BE NARROWED THE ISSUE THAT CAN I HAVE WITH TAKING THAT POOL CLOSER TO THE HOUSE IS THAT THAT POOLS ON THE NORTH SIDE OF THE HOUSE.

SO THE THE FURTHER SOUTH YOU PULL THE POOL MORE SHADOWS YOU HAVE ALL DAY LONG ON YOUR POOL.

>> SO THAT'S THAT'S KIND AND CAN I ASK YOU KNOW WELL IN PART OF THE POOL ALREADY UNDERNEATH THE HOUSE. YES, SIR. IT SEEMS SO UNCLEAR FROM THE IF YOU STARTED IT THE BOUNDARY LINE THAT'S UNDERNEATH THE HOUSE ON THE POOL HOW MANY FEET FROM THE FROM THAT START UP UNTIL THE THE 50S UP UNTIL THE SETBACK IF YOU TOOK IF YOU TOOK THE PART UNDERNEATH THE POOL, THE PART THAT'S UNDERNEATH THE HOUSE TO THE PATH THAT WOULD

HIT THE SETBACK. >> I'VE KIND OF DRAWN THOSE LINES ON THE PAPER.

THIS THIS HAS BEEN AN APPROXIMATION. I WOULD SAY THAT THAT PART

WOULD WOULD BE 24 MAYBE BECAUSE THERE'S NOT A GREAT DISTANCE. >> AND YOU KNOW, THE REASON THAT WE TOOK THE POOL THAT THE THE LAST PART OF THE POOL UNDER THE HOUSE WAS TO KIND OF PRESERVE THOSE OLD TANGO INSIDE THE HOUSE WHICH YOU KNOW, IT'S HARD TO KIND SEE ON

PAPER. >> YOU'RE NOT JUST ASKING FOR A VARIANCE FOR THE POOL.

YOU'RE ASKING FOR A VARIANCE OF A SECTION OF THE HOUSE IT'S IN THE 60 FOOT.

THAT'S CORRECT. >> YES. HILLARY INFORM ME THAT THAT WOULD BE AN ACCEPTABLE VARIANCE BUT THE POOL WOULD NOT BE ACCEPTABLE.

I MEAN I I COMPLETELY UNDERSTAND YOU KNOW, THERE IS THERE'S ON PAPER AND THEN THERE'S ON SOME AND YOU KNOW, THIS THIS POOL IS ABOUT THE SAME SIZE AS THE NEIGHBOR POOL

. >> SO I MEAN YOU KIND OF HEAR THE GASPING SAY 50 FEET.

RESIDENTIAL POOL. BUT MOST OF THAT YOU KNOW, THAT COULD HAPPEN, YOU KNOW, WHETHER

WE HAD THAT VARIANCE OR NOT. >> IT'S JUST, YOU KNOW, KIND SON.

AND I MEAN I THINK THE BIG ISSUE AND I MEAN HILLARY TOLD ME I HAD A 50/50 SHOT OF GETTING GETTING, YOU KNOW, A VARIANCE APPROVAL ON THIS. I THINK THE BIG THING WOULD BE IF YOU KNOW, IF THIS WAS SOMETHING THAT YOU'D GRANT THE VARIANCE TO, YOU KNOW, ONE CAVEAT WOULD BE TO, YOU KNOW, REALLY PROVIDE EXTENSIVE MITIGATION FOR RUNOFF AND WE WOULD, YOU KNOW, BE MORE THAN WILLING TO DO ANYTHING AND EVERYTHING POSSIBLE INCLUDING CIVIL ENGINEER DRAINAGE PLAN AND IN COUNTY CHECK WHAT KIND OF MITIGATION STEPS THINGS LIKE THAT WOULD TAKE SPECIFICALLY? WELL, I MEAN, YOU KNOW, ONE THING THAT WE HAD TO DO A LOT ONE FOR INSTANCE YOU KNOW, I DIDHE VARIANCE ON THAT ONE BUT THAT WAS FOR A HOUSE AND IN MY OPINION A HOUSE YOU KNOW, A ROOF RUNOFF IS MUCH WORSE THAN A POOL RUNOFF.

>> I MEAN EVERYTHING IS GOING TO RUN INTO THE POOL ON IT. ON A TYPICAL SITUATION YOU DON'T GET FILTERED OUT THROUGH THE PUMPS OF WHAT WE DID IN THAT CASE WAS JUST WE ADDRESSED IT WITH RAIN GARDENS. AND I I DON'T KNOW HOW ELSE WE COULD POTENTIALLY ADDRESS IT BUT I MEAN WE WOULD BE WILLING TO YOU KNOW, TO WORK WITH THE COUNTY AND, YOU KNOW, CREATE A SITUATION WHERE WE DIDN'T YOU KNOW, HAVING THIS POOL IN THIS PARTICULAR SPOT WITHIN THIS PARTICULAR BUFFER WOULD NOT DO ANY HARM TO THE WATERWAY AND WHAT THE CRM BUFFER IS INTENDED TO. WHEN DID YOUR CLIENTS BUY THE PROPERTY? I BELIEVE THEY BOUGHT IT IN 20 ,19 OR 20 TO THE BUFFERS WERE DEFINITELY IN PLACE.

I THOUGHT IT WAS ESTABLISHED. AND WHEN I STARTED THIS DESIGN I HAD ALREADY DESIGNED THE HOUSE ON THAT ONE AND ALREADY HAD TO GO THROUGH THAT VARIANCE PROCESS.

WE DIDN'T GET TO THIS POINT IS THAT ZONING COMMITTEE APPROVED THAT VARIANCE WITH ADMINISTRATIVELY. SO I KNEW THAT I I KNEW I KNEW IN THIS PROJECT THAT THERE WAS A GOOD CHANCE WE'D BE COMING TO THIS MEETING. AND IN MY MY CLIENTS HAVE ADVISED ME THAT THEY WOULD LIKE TO SEE, YOU KNOW, WHAT OUR WHAT OUR CHANCES ARE IN.

I MEAN I I GUESS WHAT I'M SAYING IS, YOU KNOW, I UNDERSTAND THE RULES AND I

[01:25:05]

PARCEL. >> AND YOU KNOW, I WOULD LIKE TO WORK IN ANY WAY TO MITIGATE ANY RUNOFF. WHAT DO YOU NEED A POOL AT LOW COLLAPSE THAT FIT FACT THAT THE

POOL IS DESIGNED FOR TO FUNCTION. >> HE'S GOTTEN, YOU KNOW, YOUR REGULAR SWIMMING POOL WHICH IS OF AVERAGE SIZE, YOU KNOW, 18 FEET IS YOU KNOW, I'D SAY PRICE 16 TO 20 FEET IS AN AVERAGE WITH FOR A POOL NOWADAYS. IN MY EXPERIENCE IN 32 FEET IS NOT A LONG POOL BUT THE 50 FOOT KIND OF LEG THAT GOES THAT THAT GOES INTO THE HOUSE IS FOR

SWIMMING LAPS. >> KNOW HOW MANY PEOPLE FROM LAPS ONE TIME FOR? WELL, TYPICALLY IN A RESIDENTIAL LAP POOL THEY THEY HAVE FOUR FOOT WITH AND THIS IS 12 FEET. SO I MEAN YOU COULD SAY THREE FOOT AND I'M AN ARCHITECT ALSO AND I THINK THAT YOU COULD REDESIGN THIS POOL AND NOT HAVE IT ENCROACH ON THE BUFFER SO MUCH. I THINK IT'S I'M INCLINED TO SEND YOU BACK TO THE DRAWING

BOARD TO LOOK AT IT AGAIN. >> WELL, PART PART OF THE THE THE THE SITUATION WITH THIS SPECIFIC PROJECT IN COMING TO THIS MEETING IS I'M ASKING FOR AN ENCROACHMENT THAT BRINGS ME TO WITHIN THE POOL DECK IS ABOUT TWENTY SEVEN FEET FROM THE IOC OF THE ACTUAL POOL IS ABOUT 20 75 OR ON THE EDGE OF THE HOUSE IS ALREADY AT THE 60 FEET OF ANYTHING I DO.

I'M ASKING FOR A VARIANCE INTO WHERE I AM AND WE'D LIKE TO WORK WITH APPLICANTS WHEN YOU'RE IN A TIGHT SITE. BUT WE'D LIKE YOU TO WORK WITH US TO AND NOT ENCROACH IT AS MUCH AS YOU ARE. I MEAN I THINK THAT THERE ARE SOME OTHER OPTIONS THAT YOU COULD LOOK AT TO NOT HAVE, YOU KNOW, QUITE SO LARGE POOL OR REDUCE THE DECK.

SHOW HOW YOU'RE GOING TO MITIGATE IT WITH PERVIOUS PAVING.

GIVE US EXAMPLES OF WHAT IT'S GOING TO DO. I THINK THAT YOU COULD GO BACK TO THE DRAWING BOARD AND BRING US SOMETHING THAT WE'D BE MORE INCLINED TO GIVE YOU A VARIANCE . I GUESS WHAT I'M LOOKING FOR THEN SOME IS SOME GUIDANCE BECAUSE IF YOU KNOW IF THE HOUSE IS IF IF YOU KNOW IF YOU WOULD AGREE THAT THE HOUSE IS SITED APPROPRIATELY, YOU KNOW, IT'S OBVIOUSLY NOT BEING ON THE SITE BUT YOU KNOW, JUST TAKING IT PROFESSIONALS WORD FOR THE HOUSE BEING CITED APPROPRIATELY .

>> YOU KNOW, ANYTHING I DO IS GOING TO REQUIRE A VARIANCE. SO I MEAN HOW MUCH IT CAN YOU

DO? >> I THINK YOU SHOULD LOOK AT. I MEAN WE'RE NOT HERE TO DESIGN YOUR PROJECTS. YOU NEED TO GO BACK AND LOOK AT IT AND COME BACK WITH WHAT IS THE LEAST IMPACT IN THE RIVERBED FOR THAT YOU CAN DO. AND I MEAN I GUESS WHAT I'M SAYING IS THAT, YOU KNOW, I RESPECT THAT COMMENT. BUT YOU KNOW, AS AS AN ARCHITECT DESIGNING THIS SPECIFIC PROJECT, YOU KNOW, BEING ON THIS SPECIFIC SITE, MY

FEELING IS THAT THIS IS THE APPROPRIATE DESIGN. >> SO THIS IS THE LEAST IMPACT

YOU WERE SEEING RIGHT THERE. THIS IS REALLY WHAT I AM. >> IS IN MY FEELING THE LEAST IMPACTFUL AND THE BEST DESIGN FOR MY CLIENT AND FOR THE SPECIFIC ADJACENT CLIENTS.

THE IN MY OPINION THE ONLY ISSUE WITH THIS DESIGN IS THE FACT THAT IT REQUIRES SUCH A SIGNIFICANT VARIANCE. YOU KNOW, MY CLIENTS APPROVED IT.

IT DOESN'T. YOU KNOW, IT DOESN'T NEGATIVELY AFFECT THE TWO COMMUNITY NEIGHBORS. BUT I NEED TO MITIGATE YOU KNOW, OF COURSE TO GET SMALLER AND THEY CAN GET ELIMINATED AND YOU DON'T HAVE ANY ANY VARIANCE AT ALL.

BUT YOU KNOW, JUST KNOWING THE KNOWING PARCEL, YOU KNOW, KNOWING THE TWO ADJACENT HOUSES AND AND YOU KNOW, CONSIDERING THE THAT YOU KNOW, WHATEVER I DO IS GOING TO REQUIRE A

VARIANCE THINK ASSESSMENT ON WHERE. >> SO YOU WANT US TO MAKE A MOTION ON IT. THAT'S NICE. GO ON IT.

I MEAN I GUESS WHAT I'D ASK YOU I SHOULD GO. IF THIS WERE CONTINUED I MEAN IF I COME BACK AND I SAY WELL WE'VE GOT YOU KNOW, WE TOOK THIS BACK A KEY HERE OR IS AND HOW I GUESS I'M LOOKING FOR SOME GUIDANCE ON YOU KNOW WHAT THE BOARD WOULD FEEL WOULD BE APPROPRIATE IF I WAS TO TRY TO PRESENT SOMETHING OF A LESSER IMPACT.

I MEAN I'D ASK FOR A VOTE BECAUSE I FEEL THAT THIS IS A DESIGN THAT IS FAIR TO THE CLIENT. FAIR TO THE COMMUNITY, FAIR TO THE NEIGHBORS.

AS FAR AS YOU KNOW, THE ENTIRE PROJECT NOT JUST THE 0 0. I RECOGNIZE THAT IT HAS A AN

[01:30:05]

FOR THAT FOR THE POOL BUFFER. >> BUT I. MS. STATING THAT AS THAT CONTINGENT UPON APPROVING THE VARIANCE IF WE WOULD NEED TO VOTE AND IT'S TURNED DOWN YOU CAN'T BRING IT BACK FOR A YEAR. OH RIGHT.

YEAH. SO THAT'S WHY WE JUST GAVE YOU THAT OPTION.

DO YOU WANT TO GO BACK? WELL I MEAN DO SOME HOMEWORK. SO THAT'S FOR US OR WE CAN VOTE ON IT TONIGHT. THAT'S THAT'S A AND WE NEED THE COUNTY'S COMMENTS TO.

>> YEAH YEAH YEAH YEAH. SO IF YOU WILL FINISH WE DON'T HAVE ANY MORE QUESTIONS FOR YOU

THAN WE HAVE FROM. >> SO MY MY I GUESS MY LAST YOUR 10 MINUTES ARE WAY UP

WOULD BE HOW MANY TIMES CAN YOU COME BACK. >> I MEAN DO I BRING THIS BACK A FOOT LIKE WHAT WHAT'S I'M NOT HERE TO GIVE YOU ANY ADVICE. I MEAN YOU JUST GO BACK DO YOUR HOMEWORK PRESENTED BACK TO US IF WE MAKE THAT CASUALTY COUNT THIS TIME CAN.

YES. SO THE COUNT IS THAT YOU'RE GOING TO COME UP AND ADVISE

AGAIN GIVE YOUR LIVES WITH ALL THESE. >> UNDERSTOOD.

>> THANK YOU, SIR. SO I GUESS KIND GREEN READING THE BOARD YOU GUYS ARE RECOMMENDING NO BECAUSE THE RISK FROM THE CARDS SHOW NO HARDSHIP FOR THIS POOL.

THERE'S NOTHING. THIS POOL IS AN ACCESSORY TO WHAT HAPPENED TO THE HOME IS THE MOST IMPORTANT THING THEY ARE ABLE. THEY'RE SUPPOSED TO BE ABLE TO BUILD A HOME. THE HOUSE SITS AT 50 FEET RIGHT NOW BUT THIS HUGE POOL IS SITTING TWENTY THREE FEET FROM THE CRITICAL LINE TAKEN UP ALL OF THE BUFFER FOR A POOL.

THIS POOL CAN BE REDESIGNED TO MAYBE EVEN MOVE IT TO 30 FEET, 35 FEET.

BUT THERE IS NO HARDSHIP FOR A POOL. >> IT'S A WANT NOT A NEED AND STAFF COMMENCES APPROVAL BECAUSE HE HAS NOT PROVEN A HARDSHIP FOR THIS AND GRANTING A VARIANCE THIS IS THE MOST THAT SOMEONE WOULD AX FOR HE'S NOT EVEN ACTING FOR A MINIMUM AMOUNT OF YOU KNOW, HE'S HE'S PUT THIS 50 FOOT POOL ON A TINY LOT AND HASN'T EVEN PROVEN A

VARIANT OF HARDSHIP. >> SO SAFF RECOMMENDS DISAPPROVAL BECAUSE THERE IS NO HARDSHIP HE CAN BUILD A HOUSE FIFTY FEET AND HE CAN CAPTURE ALL OF THE RUNOFF PLANT OF A WONDERFUL BUFFER AND ENJOY THEIR HOME. BUT THIS POOL DOES NOT WARRANT A VARIANCE THEY CAN MATCH THOSE ANY QUESTIONS BUT AGAIN SO MR. CARE CAROL SO YOU COME BACK TO

THE BOARD PODIUM, WHAT WOULD YOU LIKE FOR US TO DO TODAY? >> I MEAN I'M GIVING YOU THE OPTION NOW WHAT WOULD YOU LIKE FOR US TO DO? WOULD YOU LIKE TO I MEAN YOU TO

APPROVE THE VARIANCE IN. >> OH, CERTAINLY WE CAN VOTE ON IT.

YEAH. I MEAN WE CAN GO TO A LIST TONIGHT OR YOU CAN GO BACK X FOR CONTINUANCE. I MEAN I'D LIKE TO WORK WITH THE COUNTY OBVIOUSLY YOU KNOW I

STATED NEVER COME BEFORE THIS BOARD BEFORE SO YOU KNOW WHAT? >> I'LL GO BACK AND DO AND I'VE TALKED TO MY CLIENTS ABOUT THIS . I WAS UNAWARE THAT THERE WOULD BE A YEAR TIMEFRAME BUT IF WE WERE TO DENY. YES.

YOU KNOW, OBVIOUSLY YOU DON'T WANT TO YOU KNOW, OBVIOUSLY I I COME HERE STATING THAT, YOU KNOW, THIS IS THE APPROPRIATE DESIGN FOR THIS SPECIFIC LOT. YOU KNOW, IT'S IT'S ONE THING TO LOOK AT ON PAPER AN AERIAL VIEW. IT'S ANOTHER THING TO BE THERE.

>> SO YOU WANT US TO GO AHEAD AND VOTE ON IT? WELL, I MEAN I JUST DON'T HAVE THE CONFIDENCE AND I DON'T WANT TO RISK MY MY CLIENT'S TIME BY HAVING A FAILED VOTE.

SO I GUESS WHAT I'VE PROPOSED THAT I'LL DO IS I'LL GO BACK AND SEE IF I CAN COMPROMISE.

BUT I JUST YOU KNOW, I DON'T KNOW HOW MUCH OF A COMPROMISE WILL THE COUNTY SAID THAT THEY

CAN GIVE YOU SOME ADVICE HERE. >> SO I GUESS THAT'S I MEAN YOU CAN COME BACK AND LET SEEMS MOST RESPONSIBLE THING TO DO. SO YOU ACTUALLY SAY THIS TO OUR NEXT SCHEDULED MEETING NEXT MONTH. YES. OKAY.

I THINK THAT'S ALL RIGHT. SO THANK YOU. CAN I GET SOMEONE TO MAKE THEM PUSH IT FORWARD? I THAT WE CONTINUE. ITEM NUMBER 12 UNTIL NEXT MONTH LAWS HAVE BEEN MADE. SECOND MAN PROBABLY MADE A SECOND ALL A FAVOR.

THANK YOU, SIR. THANK YOU FOR YOUR TIME. ALL RIGHT.

[01:35:03]

[13. Mr. Steve Mannon is requesting a Special Use Permit for a Short-Term Rental Unit. Property is located at 113 Sea Pines Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

MR. STEVE MANOR. YEAH, I APPRECIATE STEVE MANNING HERE.

CAN YOU HEAR ME? THANK YOU. YES, I CERTAINLY APPRECIATE THE BOARD PROVIDING THE ABILITY TO HAVE THIS MEETING ROOM AND THE LIKE.

MY POINT IS THIS VISION IS BEING THERE AND NOTHING COULD BE THERE.

BUT I ALSO UNDERSTAND THAT IT'S NOT NORMAL PROTOCOL. >> SO I DO APPRECIATE THE BOARD BEING ABLE TO HAVE IT. SO WE'RE HERE TO TRY TO GET ESPECIALLY FOR SHORT TERM RENTAL FOR 113 FINDS DRIVE TO OVER AND ST. HELENA ISLAND. SO WE'VE BEEN THROUGH THE PROCESS. AND I UNDERSTAND THAT THE STAFF WANT YOU TO ACTUALLY REVIEWED SOME SOME ITEMS AND FOUND THAT THAT THERE WAS ACTUALLY A COVENANT OVER IN THE COMPENSATION AREA THAT WE WEREN'T AWARE OF . AND I APOLOGIZE FOR THAT.

YOU KNOW, WHEN WE BOUGHT THE HOUSE WE WEREN'T MADE CLEAR OF ANY COVENANTS.

USUALLY WHEN YOU HAVE AN HLA OR SOMETHING OF THAT NATURE, YOU KNOW, THEY PRESENT THOSE COVENANTS AND THINGS. SO YOU KNOW, WE DIDN'T PAY ANY ANGEL FEES OR ANY OF THAT NATURE. SO I WASN'T AWARE THAT THERE WERE COVENANTS NOT TO BE AN EXCUSE. ACTUALLY WHEN WE FILLED OUT THE FORM THERE'S A LITTLE BLOCK THERE THAT ASKED STAY ARE THERE COVENANTS AND YOU WENT ONLINE TO FIND SOME THAT WERE AVAILABLE AND COULDN'T FIND ANY IN THE PUBLIC EITHER. SO YOU KNOW, BASED UPON WHAT THE PREVIOUS OWNERS HAD STATED AND WHAT WE COULDN'T FIND, WE DIDN'T THINK IT WAS NONETHELESS THERE EVIDENTLY I GUESS IS WHEN I DON'T KNOW IF THE STAFF REVIEW TEAM ACTUALLY GOT A CHANCE TO VALIDATE WHETHER OR NOT THAT'S AN ACTUAL COVENANT FOR THAT AREA THAT APPLIES TO OUR RESIDENTS OR NOT. BUT IF I LOOK AT THE COVENANTS ONE THAT APPEARS TO BE A ISSUE IT STATES ABOUT WHETHER OR NOT THAT YOU HAVE RESIDENTIAL THAT ALL TRACTS AND POPHAM POINT ARE SUPPOSED TO BE USED FOR RESIDENTIAL AGRICULTURAL VERSUS LEASES ONLY AND NO STRUCTURE SHALL BE PLACED PERMITTED TO REMAIN ON ANY LOT OTHER THAN THE SINGLE FAMILY DWELLINGS OR OUTBUILDINGS STRUCTURES DESIGNED FOR INCIDENTAL USE SUCH AS AND I GIVE EXAMPLES OF PRIVATE GARAGE HOUSE GREEN HOUSE SHED HOUSE OR MORE OF WHICH THERE IS NONE OF THOSE ON OUR PROPERTY. SO I'M ASSUMING THAT THEY'RE MAKING THE TIE THAT BY DOING THAT SHORT TERM RENTAL BUT YOU DON'T NEED THE CRITERIA. OBVIOUSLY NOT AGRICULTURE THAT IT MUST BE FOR NOT MEET THE TERM RESIDENTIAL. I DON'T KNOW IF THERE'S A COMMENT ON THAT BUT THAT'S GOOD. I CAN ONLY ASSUME BECAUSE I THINK WE NEED EVERYTHING I ACTUALLY THINK I MEAN RESIDENTIAL AS WELL.

>> OUR UNDERSTANDING IS THAT SHORT TERM RENTALS ARE A COMMERCIAL USE.

>> THAT'S JUST NOT TRUE. YES, SIR. IT'S A AND THAT'S I BUT YOU KNOW THEY DON'T USE THE TERM COMMERCIAL IN THE COVENANTS AND I THINK TITLE IS A LOT OF THE GALLERIES IN WHETHER OR NOT IT IS COMMERCIAL ISN'T COMMERCIAL. WELL, YOU KNOW, I TRIED TO LOOK UP THE DEFINITION. OKAY, WHAT'S A RESIDENTIAL USE OR RESIDENTIAL PURPOSE AND ACTUALLY FOUND THE OFFICE OF ATTORNEY GENERAL OF THE STATE SOUTH CAROLINA.

HE ACTUALLY HAD AN OPINION OUT ON THAT. SEVENTY NINE 1 0 5 THAT WAS PUT OUT IN 79 DISCUSSES AND THE DEFINITION THE TERM RESIDENTIAL PURPOSES USE FOR THE GENERAL APPROPRIATION ACT NINETEEN SEVENTY NINE CONSTRUED TO MEAN ANY SPACE ARE VERY OCCUPIED BY ONE OR MORE INDIVIDUALS WITH THE INTENT OF SUCH STATES OR AREA SERVES AS A RESIDENCE HOUSE DWELLING OR ABODE WHICH CERTAINLY IS. SO THERE'S NO TIE THERE REALLY TO YOU SAYING A SHORT TERM RENTAL IS A COMMERCIAL USE. SO I THINK I STILL MEET THE COVENANT THAT'S THERE AND YOU KNOW WHEN YOU READ IT IT'S LIKE OKAY WELL THAT'S THE KIND OF TIE THAT YOU WANT TO MAKE THEN EVEN A LONG TERM RENTAL WOULD FALL UNDER THAT CONDITION THAT YOU COULDN'T RENT OUT BY THE YEAR. SO I REALIZE THIS IS A SHORT TERM RENTAL SO I'M NOT GOING AFTER THE LONG TERM BUT I THINK I THINK IT STILL MEETS THE COVENANT AS WITH SO I JUST LIKE TO BE CONSIDERED IN IN THE REVIEW.

>> DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? YES, THERE'S A FORM TO FILL OUT

[01:40:06]

EMERGENCY SIGN ON. >> IT SHOULD BE IN THE BACK FIREBALL MY SIGNED OFF IT DID I GUESS MAYBE WHAT FORM IS IT THAT WE'RE LOOKING AT? IT'S CALLED SHORT TERM RENT SPACE HERE SAFETY CHECKLIST. IT'S RIGHT AFTER THE PICTURES YOU LOOK AROUND TO SEE THE CHECKLIST. YEAH, WELL THERE'S NOTHING THERE.

DO YOU HAVE A FIRE SAFETY PLAN POSTED? WE DO.

YES, WE HAVE ALL THE HOUSES ALL. EACH ROOM HAS AN EXIT STRATEGY POSTED THE DENOTES WHERE YOU EXIT FROM WHERE THE FIRE CHIEF .

OH, SHOULD WE HAVE ALL OUR ALARMS IN EVERY BEDROOM IN THE LIVING AREAS?

>> ANY MORE QUESTIONS FOR THE APPLICANT TO HEAR FROM THE COUNTY? THANK YOU. WHEN I STARTED WITH THIS SHORT TERM RENTAL AT FIRST I RECOMMENDED APPROVAL UNTIL I HEARD THAT THERE WERE COVENANTS AND RESTRICTIONS AND I WENT TO FIND THEM AND REVIEW WITH SHORT TERM LODGING SHORT TERM RENTAL IS LISTED IN OUR ORDINANCE.

>> IT'S THAT IT'S NOT LISTED ON THE RESIDENTIAL USES. IT'S LISTED UNDER OFFICES AND SERVICES AND THAT'S LISTED ALONG WITH HOTEL AS BED AND BREAKFASTS.

SO WE CONSIDER THAT A TRANSIENT USE, A COMMERCIAL USE. THE HOUSE IS STILL RESIDENT.

IT'S STILL A HOUSE BUT THE USE. PEOPLE COME IN AND GO IN AND COME IN AND GOING.

THAT'S NOT A RESIDENTIAL. THAT'S A COMMERCIAL USE. HE GETS A BUSINESS LICENSE.

HE PAYS AN ACCOMMODATION TAX. SO STAFF RECOMMENDED DISAPPROVAL BECAUSE OF THE COVENANTS THAT STATED RESIDENTIAL USE ONLY. SO THAT'S MY TWO IN THE SHORT TERM RENTAL ORDINATES. IT DESCRIBES THE FINANCIAL TURMOIL AS A COMMERCIAL LEASE.

IT'S LISTED ON YOUR OFFICES AND SERVICES. IT'S LISTED AS LOGIN AND IT'S FOR ANYBODY WHO IS RENTING RENTING THEIR HOME FOR 30 DAYS OR LESS.

THAT'S CONSIDERED SHORT TERM RENT. IS THERE ANY MORE QUESTIONS?

BUT AGAIN. IF YOU HAVE A QUESTION. >> NO, I JUST THINK I HAVE A DIFFERENCE OF INTERPRETATION IN OPINION AS TO WHAT CONSTITUTES AND HEALTHCARE.

HOW THE COURTS INTERPRET WOULD A CASE LAW HAS BEEN THAT A SINGLE FAMILY RESIDENTIAL STILL

ALLOWS FOR LEASING OF A PROPERTY. >> AND IF YOU HAVE COVENANTS AND THERE IT'S GOING TO ALLOW UNLESS THEY IN IT'S EXPRESSLY PROHIBIT THAT THEY THEY'RE GOING TO DETERMINE TO ALLOW THE FREEST AND BEST USE OF THE PROPERTY INTO JUST BECAUSE SOMETHING SAYS SINGLE FAMILY RESIDENTIAL DOES NOT MEAN THAT LEASING IS PROHIBITED.

AND THE FACT THAT WE ANY IF AND UNLESS THERE WAS A SPECIFIC PROHIBITION IN THE COVENANTS AS TO HEY SHORT TERM LEASING IS NOT ALLOW AND EXPRESSLY A COURT CAN INTERPRET THAT AS TO ALLOWING SHORT TERM LEASING LEASES UPHELD ARGUED THE COURT CAN DO I'M GOING BY THE CODE THE DEVELOPMENT CODE STATES THAT IN SHORT TERM RENTAL FALLS UNDER OFFICES AND SERVICES. THAT IS NOT A RESIDENTIAL USE LOOKED INTO IN ULTIMATELY HE'S

APPLYING UNDER OUR ORDINANCE. >> YES. RIGHT.

>> I AM YOU KNOW BUT I'M NOT ALLOWED TO GIVE A PERMIT BAIT. THAT'S CONTRARY TO COVENANTS

[01:45:02]

I HAVE TO LOOK AT THEM. AND IF IT SAYS RESIDENTIAL USE ONLY SHORT TERM RENTALS FELL UNDER RESIDENTS THEN NO PROBLEM. IT FALLS UNDER OFFICES AND

SERVICES. THAT IS NOT A RESIDENTIAL USE. >> ANY MORE QUESTIONS FOR MISS HILARY? BUT IF I MIGHT JUST CLARIFY SOME NUMBER OF THE RECORD, MR.

BROMLEY. >> YOU RAISE A GREAT POINT. THERE.

WITH REGARDS TO, YOU KNOW, RESIDENTIAL ABORTION UNDER STATE LAW WE HAVE TO WE'RE NOT IN. WE DON'T HAVE TO GO LOOK FOR COVENANTS AND RESTRICTIONS TO MAKE SURE THEY COMPLY. BUT IF WE HAVE BEEN REPORTED THAT SHORT TERM RENTAL WOULD VIOLATE THOSE COVENANTS AND RESTRICTIONS, WE HAVE TO NOT ALLOW IT TO GO FORWARD IF WE HAVE NOT RECEIVED THAT NOTICE UNDERNEATH STATE LAW. AND YOU ALL FINE THAT THE SHORT TERM RENTAL REQUEST THIS EVENING IS IN CHARACTER WITH THE Y ASPECTS OF THE NEIGHBORHOOD THEN YOU'RE CERTAINLY FREE TO VOTE TO APPROVE THE SPECIAL EXCEPTION BECAUSE I MEAN I REPRESENT A KIND OF A CHARLIE'S RIGHT AND EVERY SINGLE ONE OF THE COVENANTS IS GOING TO SAY A SINGLE FAMILY RESIDENTIAL. BUT THEN I ALSO HAD TO BE IN FRONT OF THE COURTS ARGUING AS TO HOW FAR THAT IS INTERPRETED AND I UNDERSTAND HOW THE COURTS WILL ALL LOOK AT SOMETHING LIKE THAT AND HOW BECAUSE IT SEEMS LIKE UNDER OUR STATE UNDER OUR ORDINANCE BASICALLY THERE'S GONNA BE A COVENANT. YEAH, WE'RE NOT GOING TO CONSIDER IT BECAUSE EVERYTHING UNDER A COVENANT IS GONNA BE SINGLE FAMILY RESIDENTIAL WIND . THAT'S NOT IF THEY SUED US. THAT'S NOT EXACTLY HOW A COURT WOULD LOOK AT HILLARY. HILLARY ASIDE, HILLARY IS INTERPRETING THE CDC CORRECTLY.

BUT SHORT TERM RENTALS ARE A RELATIVELY NEW PHENOMENON THAT DIDN'T EXIST.

WHENEVER WE WROTE WROTE THE COMMUNITY DEVELOPMENT CODE . SO YOU HAVE TO TAKE THAT INTO CONSIDERATION. I DON'T THINK YOU KNOW, HAD WE HAD SHORT TERM RENTALS BACK IN 2014. WHENEVER WE WROTE THOSE DEFINITIONS THEN YOU KNOW, IT MIGHT HAVE BEEN CLEARER BUT WE ARE GOING SEEK A LEGAL DETERMINATION FROM OUR ATTORNEYS ON WHAT THAT MEANS AND HOW FAR THAT RESIDENTIAL STATUTE WOULD GO AND COVENANTS RESTRICTIONS. BUT YOU RAISE A GREAT POINT BECAUSE I THINK THAT IS AN ISSUE THAT HAS IT KEEPS COMING BEFORE SANDY IS ONLY GOING TO BE IN THE LONGER THAT THERE'S

SOME AMBIGUITY AND WE KEEP TRYING IN THE GRAY. >> I THINK WE NEED SOME CLEAR BRIGHT LINES AND WE'LL WE'LL GET THAT FROM OUR LEGAL DEPARTMENT AND GET GET THAT

BACK TO YOU ALL. >> THANK YOU, SIR. MORE QUESTIONS FOR THE COUNTY, RIGHT? I HAVE ONE FOR HIM THOUGH. FOR THE ADVOCATE.

YES. >> WHO IS GOING TO MANAGES NATURAL SUGARY TREATS?

IS THAT DEMAND? >> THAT IS CORRECT. WEARING WHERE ARE THEY LOCATED?

>> THEY'RE ON SEA ISLAND PARKWAY. THEY'RE A LOCAL BUSINESS GUESS THEY'RE RIGHT AROUND THE. ALL RIGHT. PUBLIC COMMENT.

YEAH. I'LL GIVE YOU A CALL. BRAND NEW RANGE THAT'S PERSON FIRST BECAUSE I DON'T LIVE IN THE COFFIN POINT HOMEOWNERS ASSOCIATION AREA.

>> BUT I DO LIVE AT A POINT BUT I DO SEE THE SHORT TERM RENTAL EFFECTS THE TOURISTS THAT ARE COMING, THE LACK OF ACCOUNTABILITY, THE DISRESPECT THAT THEY HAVE, THEIR VACATION AND THEY'RE PAYING FOR THIS AND THEY CAN TAKE THEIR FOUR WHEELERS ON THE BEACH AND THEY CAN LET THEIR DOGS RUN LOOSE AND THEY CAN SPEED AND THEY CAN LITTER AND THEY'RE NOT ACCOUNTABLE AND THEY DON'T CARE. THEY'RE ON VACATION AND I SYMPATHIZE WITH THE HOMEOWNERS BECAUSE I LIVE IT TOO. I'M RIGHT CLOSE BY BUT I DON'T FOLLOW UNDER THEIR SAME COVENANTS AND I WILL I'M HERE TO LEARN BECAUSE MY PROPERTY HAS AN EASEMENT THROUGH IT AND I HAVE DIFFERENT PEOPLE WALKING THROUGH MY YARD EVERY WEEK AND I WILL BE HERE WHEN I LEARN HOW TO FIND MY OWN VARIANCE AND I ASK YOU TO HANDLE THIS FOR ME BUT I JUST WANT TO I'M SUPPORTIVE OF THEM AND THEIR COMPLAINT BECAUSE IT'S FRUSTRATING. THIS IS OUR RESIDENTS. WE LIVE THERE.

WE TRY TO RELAX THEIR AND THERE ARE PEOPLE THERE WHO ARE NOT ACCOUNTABLE AND THEY DO NOT CARE. LET'S ALL HAVE A LAZY I DO AND I WANT A LITTLE BIT OR NO, NO,

NO, NO, SIR. >> 1 17 1 1 17 PAS. >> I LIVE AT ONE 17 PINES AND I AGREE AS THE PREVIOUS PERSON SAID THAT WE LIVE THERE. IT'S A VERY PEACEFUL COMMUNITY

[01:50:04]

>> THANK YOU. KATHY MCTEER. I ALSO NO LONGER LIVE THERE.

MY HUSBAND AND I LEFT THERE LAST MONTH AFTER 30 YEARS THERE.

HIS FATHER STARTED COUGHING FROM POINT PLANTATION 1953 TO PUT COVENANTS AND RESTRICTIONS ON PEOPLE DIDN'T EVEN KNOW WHAT COVENANTS RESTRICTIONS WERE. THEY DID EXPIRE IN 1975 AND THEY WERE PUT BACK ON. THESE PEOPLE COME TO OUR NEIGHBORHOOD OR WHAT WAS OUR

NEIGHBORHOOD AND THEY DON'T CARE. >> THEY THEY DON'T CARE WHEN THEY SETTLE FIREWORKS ALL NIGHT LONG AND THEY DON'T CARE WHEN THEIR DOGS RUN LOOSE AND THEY DON'T CARE WHEN THEIR KIDS ARE DRUNK DRIVING GOLF CARTS AND GOLF CARTS THAT ARE TRUCKED IN.

THE MAJORITY OF THE ROADS AND CAR FROM POINT C PINES IS NOT ONE OF THEM ARE PRIVATE OTHER THAN THE AVENUE OF OAKS AND PART OF MCTEER. THOSE ROADS ARE MAINTAINED SOLELY BY THE RESIDENTS IN COFFIN POINT. WE DIDN'T BUY THEY DIDN'T BUY

TO HAVE A HOLIDAY NEXT TO US. >> THE THESE PEOPLE ARE THERE LIKE THEY SAID FOR A PLAYGROUND FOR THEIR VACATION. THEY'RE PAYING FOR IT SO THEY DON'T CARE ABOUT ANYTHING ELSE.

YOU SAID WE'LL CALL THE POLICE AND COMPLAIN. WELL, WE ALL KNOW HOW THAT GOES. AND BEING FROM LAW ENFORCEMENT BACKGROUND, WHAT'S THE EMERGENCY WHEN YOU CALL IN SICK? THEY'RE SHOOTING OFF FIREWORKS . SOMEONE SHOOTING A GUN OFF ACROSS THE ROAD.

SO YOU DON'T REALLY WANT TO BORROW BOTHER A SHERIFF'S DEPUTY WHEN THERE AREN'T A WHOLE LOT OF THEM OUT ON THE ISLAND. BUT IT IS NOT RIGHT.

THIS IS A RESIDENTIAL AREA. IT'S WHERE PEOPLE LIVE. WE FINALLY HAVE GOTTEN SEVERAL FAMILIES IN THERE WITH YOUNG CHILDREN. PEOPLE MOVED ACROSS THE STREET FROM US WITH FIVE CHILDREN. THEY WERE LETTING THEM GO DOWN THE BEACH.

JUST WAIT A MINUTE. THEIR VACATION RENTALS DOWN THERE YOU DON'T KNOW WHO'S IN THOSE HOUSES. THEY DIDN'T REALIZE THAT AND THESE PEOPLE DON'T LOOK AT THE COVENANTS RESTRICTIONS THAT RUN WITH THE LAND. THEY THEY ARE NOT TIED TO THE 8 YEAR WAY THEY RUN WITH THE LAND AND ARE A CHURCH. A CAR FROM POINT PLANTATION IS VOLUNTARY A WHOLE 60 DOLLARS MONTH. AND I'LL TELL YOU RIGHT NOW THAT THERE ISN'T ONE VACATION RENTAL PERSON THAT PAYS THAT 60 DOLLARS NOT EXCUSE ME NOT A MONTH A YEAR. SIXTY DOLLARS A YEAR. THEY DON'T EVEN PAY THAT BACK YET. THEY WANT TO USE THE PLAYGROUND AND MAKE ALL THE MONEY OFF OF IT. WE'VE NOT ALL. I'LL SAY ONE MORE THING WE'VE NOT ONLY HAD JUST VACATION RENTAL HOUSES, WE'VE GOT A HOUSE OUT THERE THAT RENTS

ROOMS SO I THINK IT'S GONNA COME TO AN END. >> THANK YOU, LAURA PATTERSON.

YES, SIR. HI. I LIVE IN THE NEIGHBORHOOD.

IN FACT, I CAN SPEAK SPECIFICALLY ABOUT THIS PROPERTY AND ALSO THE PROPERTY MANAGEMENT COMPANY. I HAVE CONTACTED AND CALLED OUT THE POLICE THREE TIMES FOR THIS SPECIFIC PROPERTY. THEY FIRE FIREWORKS. THEY WERE DRUNK AND DISORDERLY . THE NEIGHBORS IN THE DIRECT NEIGHBORS WHICH WERE RIGHT NEXT DOOR TO THEM ARE TERRORIZED, ABSOLUTELY TERRORIZED. THERE'S AN ELDERLY WOMAN ACROSS THE STREET THAT IS AFRAID TO CALL THE POLICE. I WAS NOT AFRAID TO CALL THE POLICE. THERE ARE THREE NEIGHBORS IN THE NEIGHBORHOOD.

WE ALL HAVE LITTLE GOLF CARTS AND WE WILL GET UP IN THE MIDDLE OF THE NIGHT AT 2 O'CLOCK IN THE MORNING AND DRIVE TO 113 C PINES AND SURROUND THE PROPERTY AND WAIT FOR THE POLICE TO COME. I HAVE PERSONALLY VISITED THEIR PROPERTY MANAGEMENT COMPANY THREE TIMES. THERE WAS NO ONE AT THEIR OFFICE AND WHEN YOU DO GET A HOLD OF THEM THEY DO NOTHING. NOW THAT SAME PROPERTY MANAGEMENT COMPANY MANAGES TWO OTHER PROPERTIES WHERE THEY SET FIREWORKS IN IN THIS NEIGHBORHOOD.

[01:55:04]

ALL OF THIS CAN BE VERIFIED WITH THE POLICE DEPARTMENT AND THE FIRE DEPARTMENTS.

THEY ARE TERRORIZING US AS RESIDENTS. WE PAY TAXPAYER MONEY.

IN FACT, EVERY THREE MONTHS WE GET OUT AND WE PICK UP ALL THE TRASH ON THE ROAD FROM OUR HOUSE ALL THE WAY OUT TO SEA PINES ALL THE WAY OUT TO SEA ISLAND PARKWAY.

WE ARE ACTIVE IN OUR COMMUNITY. WE LOVE WHERE WE LIVE. WE DO.

I'M SORRY. IT WAS A BAD INVESTMENT. YOU PURCHASED A PROPERTY WHERE PEOPLE LIVE AND PEOPLE CARE ABOUT WHERE THEY LIVE. BUT THE PEOPLE THAT DRIVE IN FOR THEIR VACATIONS AND THEIR DRINKING AND FIRING FIREWORKS TILL 4:00 IN THE MORNING AND WAKING US ALL AND THAT'S ON A TUESDAY NIGHT I CAN'T EVEN TELL YOU WHAT HAPPENS ON A HOLIDAY WEEKEND. IT IS MISERY. IT IS ABSOLUTE MISERY AND THEY'RE TERRORIZING US. THERE IS NO ACCOUNTABILITY FOR IT.

THERE ARE NO POSTINGS INSIDE THE PROPERTIES TO SAY NO FIREWORKS ALLOWED.

TURN OFF YOUR LIGHTS. WE HAVE TURTLES THERE IS THERE DOESN'T WORK THERE.

WE ALL COMMONLY TERM OUR LIGHTS. IF WE LIVE ON THE BEACH SO THE TURTLES DON'T GET CONFUSED. NOT THE RENTERS. THEY DON'T.

NOT THE NOT THE SHORT TERMERS. THEY SPOTLIGHT'S ON OUTSIDE. THEY OVER PARK.

THEY'VE GOT THEIR PARKING ON THE NEIGHBORS PARKING BECAUSE THEY DON'T HAVE ENOUGH PARKING AND THEY HONESTLY THEY JUST DON'T CARE. THEY JUST DON'T CARE.

ONE OF THE OTHER ONES NOT 113. I HAPPENED TO BE RIDING MY HORSE BY THE OTHER DAY.

THE 30 PEOPLE IN THE FRONT YARD AND I STOPPED LET THEM TO PET MY HORSE AND I SAID SO WHERE ARE YOU FROM? IS ALL WE'RE FROM UPSTATE. I SAID WELL IS BIRTHDAY PARTY? THEY SAID NO, NO, IT'S A TWO BEDROOM HOUSE AND THEY HAD 30 PEOPLE STAYING IN A TWO BEDROOM HOUSE FOR FOUR DAYS. AND THIS IS OUR NEIGHBORHOOD WE LIVE HERE.

WE LIVE HERE FULL TIME AND I CAN'T. AND IT'S IT'S MIDDLE OF THE NIGHT. IT'S ALL NIGHT LONG AND IT'S EVERY WEEKEND AND IT'S EVERY

TUESDAY AND IT'S EVERY WEDNESDAY. >> PLEASE.

THANK. I APPRECIATE THAT. ANY MORE PUBLIC COMMENT FOR THIS? I JUST HAVE ONE ONE COMMENT I BELIEVE WE RECEIVED.

THIS IS A PUBLIC COMMENT NOT MINE BUT WHAT WE RECEIVED AS A PUBLIC.

OK. WE RECEIVED TWO I BELIEVE IT WAS 2 LETTERS ALL YEAR W FROM TWO INDIVIDUALS. YES. I DON'T KNOW WHERE WHICH ONE

THEY WERE TALKING ABOUT BUT THEY ARE ON ST. HELENA. >> THIS ONE IS THIS IS ME AS WELL BECAUSE WHEN I WAS GOING YEAH. SO I'M JUST DOING THAT FOR THE RECORD SO THAT THEY SHOULD BE PLACED IN THE RECORD BECAUSE I DON'T BELIEVE THEY'RE HERE.

MR. CHAIRMAN I'D LIKE TO ADD. >> ASIDE FROM THE THING COVENANTS STATING FOR RESIDENTIAL USE ONLY NUMBER TWO STATES THERE CAN'T BE ANY OFFENSIVE BEHAVIOR OR ACTIVITIES. I BELIEVE THESE FOLKS SATISFIED THAT ONE DAY THEY CLEARLY STATED THERE IS OK, YOU'RE READY FOR A MOTION. ALL RIGHT.

>> WELL, LET ME CLOSE PUBLIC AND I MAKE A STATEMENT. NO.

WELL, YOU MEAN YOU HAD YOUR OPPORTUNITY IN THE BEGINNING JUST STATING WHAT YOU WANTED TO

SAY. >> WE'LL HAVE AN OPPORTUNITY TO TURN THESE TO COME BACK AND

SPEAK. >> THERE JUST SOME THINGS I MEAN.

I THINK THAT I DON'T THINK WE'RE ACCURATE AT THAT TIME IN THE BACK.

I PUT DOWN A SHEET THAT I DO 18 TO SPEAK TO THIS. YEAH, WE'RE OK.

CHECK. YES, COME ON. IT'S PROBABLY CHAD BROWN'S OF A SENTENCE AVENUE OF OAKS IN TALKING POINT. I UM I CAME FROM PAULIE'S ISLAND SOUTH CAROLINA AND MOVED HERE THREE YEARS AGO AND WHEN I MOVED HERE I MOVED SHADOW MY SUBDIVISION AND THAT'S JUST NOT WHAT I WAS LOOKING FOR AS FAR AS LOWCOUNTRY LIVING.

I THEN FOUND OUT ABOUT COFFIN POINT BECAUSE ONE OF MY CO TEACHERS, A TEACHER AT LOW COUNTRY MONTESSORI SCHOOL AND ONE OF MY CO TEACHERS LIVES THERE AND I WENT OUT THERE AND I WAS LIKE HOLY. LIKE THIS IS THE PLACE. THIS IS WHERE I WANT TO RAISE MY CHILDREN. I'VE GOT A 10 YEAR OLD, 4 YEAR OLD AND 2 YEAR OLD AND AFTER SPEAKING WITH SOME OF THE PROPERTY OWNERS OUT THERE AND AND SEEING ACTUALLY GOT A COPY COVENANTS AND WAS LIKE OK, LIKE I KNOW WHAT AARON BEEBE AND B B AND B'S ARE.

I KNOW WHAT THEY BRING TO THE TABLE THAT SAYS NONE OK LIKE THAT WAS PART OF MY DECISION AND MOVING AND BUILDING IN THIS COMMUNITY AND SO WROTE IN THERE AND MOVED IN IN JULY.

LIKE BUILD ME A LITTLE PLACE OUT THERE ON THE AVENUE. AND I'VE GOT MY 10 YEAR OLD 4 YEAR OLD AND 2 YEAR OLD OUT THERE AND THERE'S BEEN SEVERAL INCIDENTS WHERE IT'S JUST BEEN

[02:00:02]

AND IT IS HAS BEEN SHOWN THAT THERE'S DETRIMENT TO THE NEIGHBORHOOD.

>> I WOULD LIKE TO ADD THAT IT ALSO GOES AGAINST THE COVENANTS.

RIGHT. AND IT GOES AGAINST COVENANTS. SO YOU SECOND UNIT YOU JUST ADDING TO EMOTION ADDING SO IT'S BEEN A MOTION MADE. I'LL ACCEPT YOUR ADDITION TO MY

MOTION. >> SO THERE HAS BEEN A MOTION ON THE FLOOR AND WOULD LIKE TO DENY THE SPECIAL USE ANYONE LIKE TO IN IT? SECOND THAT MOTION.

OUR SECOND THOUGHTS WE PROBABLY MADE A SECOND ON THE FAVOR OF DENYING ESPECIALLY USED

PERMIT SIGNIFY BY RAISING YOUR HAND. >> SO THIS MOTION HAS AN ITEM

[15. Mr. Ryan Hester is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 27 Mattis Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

NUMBER SIXTEEN RIGHT? >> THAT'S A DIFFERENT COUNTY CLEARS UP THIS DISCONTINUED.

ARE YOU MARIO HERE FOR A SHORT TERM RENTAL PERMIT AS WELL? TWENTY SEVEN MAX ST. HELENA MORNING COFFIN EMPLOYEE. NOT UNCOMMON. NO.

WE'RE ON MATTERS DRIVE OFF OF THE ISLAND PARKWAY, SAID OAKS.

I'M SORRY. IS THAT OAKS AREA? THE OAKS NOT.

NOTHING MATTERS OKATIE FOR SO. YEAH. SO WE WENT THROUGH THE PROCESS AND THEN WE GOT THE RECOMMENDATION FROM THE STAFF REVIEW TEAM THE NEIGHBORS AND EVERYONE SEEMED OKAY WITH IT. I BELIEVE THERE'S NEVER BEEN A COUPLE HOUSES DOWN.

IT WAS APPROVED FAIRLY RECENTLY. WHAT EXACTLY IS MADE? IT'S DRY. IT'S JUST PADS. OKAY.

GUESS WHAT I CALL THE COUNTY CIDER. ARE THERE COVENANTS IN YOUR NEIGHBORHOOD? THERE ARE NOT. NOT THERE.

SO I GUESS YOU MEET EVERYTHING YOU HAVE ALL YOUR THREE PARKING.

YES. MEET ALL THE REQUIREMENTS. YES.

PICTURES AND OF COURSE IS EVERYTHING. ANY OTHER QUESTIONS? THANK YOU, SIR. WE NEED TO HIT THE COUNTY. COUNTY, OK.

SORRY. SORRY. ALL RIGHT.

THANK YOU. ANY PUBLIC COMMENT FOR THIS ITEM CAUSE PUBLIC COMMENT.

WITH THAT BEING SAID, IT WOULD LIKE TO PUT A MOTION ON THE FLOOR, MAKE A MOTION WE GO AHEAD AND APPROVE THE SPECIAL USE PERMIT FOR THIS APPLICANT FOR A SHORT TERM RENTAL.

>> I SECOND THE MOTION A MAN PROBABLY MADE THE SECOND ALL FAVOR OF APPROVING ESPECIALLY

USED PERMIT. >> IT'S BEEN APPROVED BY ITEM NUMBER 18 MR. AND MRS. GREGG IN

[17. Mr. & Mrs. Greg Giardina are requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 48 Saltwind Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

[02:05:04]

REALLY DOES NOT HAVE ANY EXPLICIT RESTRICTIONS ON SHORT TERM RENTAL ACTIVITY IN THIS NEIGHBORHOOD. IT DOES NOT. IT DOES NOT COVER SHORT TERM RENTAL AS SPECIFICALLY SO I DON'T SEE HOW THAT COVENANT REALLY CAN APPLY FOR THIS GENERAL PROPERTY LAW IN SOUTH CAROLINA IN FAVOR OF THE FREE USE OF PROPERTY AND THE ABSENCE OF ANY EXPLICIT RESTRICTIONS ON SHORT RENTALS SHOULD THE ACTIVITY OF THEM BE ALLOWED AND HAVE BEEN ALLOWED IN THE AREA. MANY THERE ARE MANY IN THE AREA THAT HAVE BEEN APPROVED AND I'M SURE THEY ALL ARE ZONED FOR SINGLE FAMILY RESIDENCE AS WELL .

ANY CURRENT COMMERCIAL RESTRICTIONS AND IN CURRENT CNR IS OR IN PLACE LONG BEFORE THIS

CURRENT SHORT TERM RENTAL MODEL. >> SO LIKE I SAID I DON'T THINK IT WAS DESIGNED TO SPECIFICALLY EXCLUDE SHORT TERM RENTALS AND DURING OUR SEVEN MONTH PERMITTING PROCESS WE WERE TOLD THAT IF WE HAD BEEN OFFERING SHORT TERM RENTALS SINCE 2018

THAT WE WOULD BE GRANDFATHERED IN. >> SO THERE AGAIN KIND OF SHOWS THAT THERE REALLY IS NOT A RESTRICTION ON THEIR ALSO REGARDING THE IN THE REC STAFF'S RECOMMENDATION LETTER THAT WE GOT ON THE 18TH PARAGRAPH FIVE STATES THAT THE THE PROPOSED USE MAY HAVE AN ADVERSE EFFECT. I'M GUESSING THOUGH THE COMMUNITY IN TWENTY TWENTY ONE WE RENTED FOR TWENTY FIVE WEEKS IN THAT TIME THE COUNTY ACCEPTED OUR OUR HIGHER 6 PERCENT PROPERTY TAX RATE FOR NON PRIMARY RESIDENCE.

WE HAD A 2 PERCENT LODGING RATE ON ALL SHORT TERM RENTAL ACTIVITY SALES TAX ALL SHORT TERM RENTAL ACTIVITY. ALSO IN THAT TIME WE HAVEN'T. WE DID NOT RECEIVE ANY COMPLAINTS FROM OUR NEIGHBOR PROPERTY MANAGEMENT OR LAW ENFORCEMENT.

WE ARE ON THE END OF THE ROAD AT 48 ASSAULT WHEN WE'RE ON ABOUT AN ACRE.

WE HAVE A HUGE AREA FOR PARKING . THE HOUSE IS SURELY AT A PRICE POINT FOR PEOPLE WHO ARE THERE TOO. JUST ENJOY THE NATURE AND WE WE HAVE IT'S FOURTH WORTH. IT'S A FOUR BEDROOM BUT WE THEY ACTUALLY ONLY HAVE IT RENTED I BELIEVE FOR EIGHT PEOPLE. WE DO NOT ALLOW LARGE AMOUNTS OF PEOPLE.

OUR MANAGEMENT COMPANY IS NATIONAL RETREATS AND WE DO HAVE A COUPLE OF PEOPLE WHO

WORK FOR NATURAL RETREATS ACTUALLY LIVE IN OUR AREA. >> THEY ACTUALLY LIVE.

>> THEY ARE OUR NEIGHBORS I WOULD SAY AT LEAST THREE OF THEM SINCE WE HAD STARTED WITH THEM ARE OUR NEIGHBORS AND THEY'RE VERY CONCERNED ABOUT THE OTHER NEIGHBORS AND AND OFFENDING ANYBODY IN THE NEIGHBORHOOD. WE DO HAVE NEIGHBORS DIRECTLY TO THE LEFT OF US AND THEN WE HAVE A NEIGHBOR ACROSS THE STREET.

>> WE HAVE AN EMPTY LOT NEXT TO US ON THE OTHER SIDE. >> THOSE TWO NEIGHBORS WE THEY HAVE OUR NUMBERS. THEY HAVE NATURAL RETREAT NUMBERS.

THEY KNOW THEY CAN CONTACT US 24/7. IF THERE HAS BEEN IF THERE IS AN ISSUE BUT WE HAVE NOT RECEIVED ANY COMPLAINTS FROM THEM.

ALSO WE ALSO ARE PREPARED BECAUSE WE DO LOVE THE AREA. WE FELL IN LOVE WITH THE AREA JUST LIKE THE THE NEIGHBORS WE'RE TALKING ABOUT. IT'S A BEAUTIFUL PLACE.

WE WE WANT TO BE ABLE TO RETIRE THERE. I MEAN THAT'S OUR ULTIMATE GOAL. UNFORTUNATELY WE CAN'T FOR A FEW YEARS AND IN THE MEANTIME WE WANTED TO SHARE OUR HOUSE WITH OTHER PEOPLE AND WE HAVE. WE HAVE PROPOSED A LETTER FOR AN INTENT TO DONATE AS WELL JUST BECAUSE WE DO UNDERSTAND THAT PEOPLE DO BELIEVE THERE ARE IMPACTS OF HAVING PEOPLE COMING IN AND OUT AND WE WOULD LIKE TO USE OUR 10 PERCENT OF OUR ANNUAL NET SHORT TERM RENTAL PROFITS FOR EITHER ONE OF THE CHARITIES ON THE ISLAND

A PEN CENTER OR FRIENDS OF FORT FREMONT. >> WE WANT TO BE ABLE TO GIVE

[02:10:05]

ORGANIZATIONS THEY USE THEY. >> SORRY. LET ME JUST READ IT.

WE DO REALIZE THAT WE HAVE SOME THAT WE DO REALIZE THAT SOME HAVE CONCERNS OVER POSSIBLE ENVIRONMENTAL IMPACTS AND WOULD LIKE TO PROPOSE A RESOLUTION THE ABOVE NAMED CHARITABLE ORGANIZATIONS ARE LOCATED IN ST. HELENA ISLAND. THEY DO PROVIDE THE CULTURAL HISTORICAL FOR LOCALS FOR THE FOR LOCALS AND FOR TOURISTS ALIKE AND THEY PROVIDE

PRESERVATION FOR THE COMMUNITY AND SUPPORT TO THE COMMUNITY. >> SO WE FEEL LIKE ALTHOUGH WE HAVE NOT EXPERIENCED OR HAD ANY NEGATIVE IMPACTS THAT WE KNOW OF FROM OUR SHORT TERM RENTALS ONLY REALLY GOOD THINGS ABOUT PEOPLE SAYING HOW MUCH THEY LOVED THE AREA AND ENJOYED OUR

LITTLE PRIVATE BEACH THAT OUR HOUSE HAS. >> IT SEEMS PRIVATE BECAUSE WE

HAVE NO ONE THAT REALLY RIGHT NEXT TO US. >> BUT WE ALSO WANT TO HELP MAKE THE PLACE A BETTER PLACE BECAUSE WE WANT TO LIVE THERE AS WELL.

AND SO LIKE I SAID, WE HAVE A LETTER THAT I MADE COPIES OF THAT IF THIS WERE TO GET APPROVED AND WE WERE GRANTED THE SPECIAL USE WE WOULD LIKE TO DONATE THE 10 PERCENT PROFIT

BACK INTO THE COMMUNITY. >> THIS 40 ITSELF SO WHEN IT FALLS UNDER THE COUGH IS QUITE

SCOTTISH. SO. >> SO WE'RE TOLD BUT JUST LIKE JUST LIKE OUR PREVIOUS OWNER WE WERE NEVER THAT NONE OF THAT WAS EVER DISCLOSED IN R WHEN WE

WERE SIGNING PAPERWORK. >> YEAH WE DO HAVE THIS. WE DO HAVE THE DEED.

I DON'T REALLY SEE ANYTHING SPECIFIC LEAD TOWARDS THAT BUT I DO SEE THAT WE SEE THE COVENANTS. WE UNDERSTAND IT'S IN THERE BUT I BELIEVE THAT SAME WORDING

SINGLE FAMILY DWELLING IS IN. >> THAT'S THE ZONING FOR EVERYONE WHO HAS BEEN APPROVED AND LIKE I SAID, WE HAVE PEOPLE IN THE AREA STILL THAT ARE DOING SHORT TERM RENTALS.

>> I DON'T SEE MUCH DIFFERENCE. I DO HEAR THEIR VERY DRAMATIC EXPLANATION OF SOME OF THE STUFF THAT HAS BEEN GOING ON IN THE NEIGHBORHOOD. AND I I DO NOT AGREE WITH THAT AND I WOULD ADDRESS THAT IF THAT WERE SOMETHING THAT WE HAD TO DEAL WITH.

BUT WE HAVE NOT HAD ANY ISSUES OR COMPLAINTS WITH OUR PROPERTY IN QUESTION IS FULLY UP STILL.

>> YOU LIVE IN CALIFORNIA. WE DEAL WHICH IS FINE BUT YOU KNOW THE REASON I SAY SAYING IS YOU HAVE PEOPLE HERE TO WATCH OVER YOUR BANDAGE. CORRECT.

SO SEE IF THERE'S ANY THING GOING ON. THEY INFORM YOU.

YEAH. LIKE LIKE THE SOME OF THE INDIVIDUALS THAT TALK.

IN THE LAST YEAR WE HAVE NOT BEEN IN CONTACT WITH THEM BUT WE HAVE BEEN IN CONTACT WITH

OUR DIRECT NEIGHBORS. >> YES. AND WITH OBVIOUSLY THE PROPERTY MANAGERS AND WHAT THE PROPERTY MATTERS THAT LIVE IN THAT AREA. I HAVE NOT HEARD ANYTHING UNDERSTAND THAT THE COVENANTS THAT THE WHAT HILLARY IS TALKING ABOUT IF IT'S LESS THAN

30 DAYS. >> IT'S NOT CLASSIFIED AS A NON RESIDENTIAL USE.

SO YOU TECHNICALLY COULD RENT IT OUT ON A LITTLE LONGER TERM AND HAVE NO PROBLEM.

>> THAT'S WHAT THAT'S WHAT WE WERE. YES, THAT'S WHAT'S KIND OF THE CONFUSION LIKE WHAT'S TWENTY NINE DAYS VERSUS 30 DAYS FOR US .

BUT YES, THAT'S OBVIOUSLY WE CAN BECAUSE OF THE COVERS DOESN'T REALLY SAY ANYTHING SPECIFICALLY SHORT TERM. LONG TERM. I JUST ASSUMED IT COVERS BOTH BUT I REALIZE THAT'S UP FOR SHORT TERM. I MEAN LOOKING AT TWO COVENANTS SAYS RESIDENT AGRICULTURE USE PURPOSES. SO WHAT YOU RUNNING YOUR YOUR UNIT 30 DAYS UNLESS YOU KIND OF CAN CATEGORIZE YOURSELF IN A COMMERCIAL USE.

SO AT THIS POINT YOU IN VIOLATION OF YOUR COVENANTS ARE OTHER RENTALS THAT HAVE BEEN

APPROVED. >> ARE THEY IN A NONRESIDENTIAL AREA BY THE LIKE THE PREVIOUS ONE THAT JUST GOT APPROVED ON? THEY HAVE NO COVER HERE. NO, I DON'T HAVE TO ALTHOUGH I MIGHT AGREE WITH YOUR INTERPRETATION THAT SINGLE FAMILY DWELLING.

>> I THINK THAT YOU'RE APPLYING FOR A SPECIAL PERMIT UNDER THE COUNTY ORDINANCE WHICH CLAIRE

[02:15:02]

BUT I THINK THAT THE ORDINANCE IS FAIRLY CLEAR WHICH ARE GOING FORWARD.

THANK YOU. THANK YOU. PUBLIC COMMENT, MR. CHAIRMAN, THAT YOU NEED TO COME BACK. YOU JUST MAKE NOTE OF THAT. DEAN MORRIS DAY YOU GO.

>> THANK YOU. COME FOR MORE. OH, HE'S THERE.

MARK HE LEFT AS WELL. >> ARE YOU OKAY? >> I HAVE SOME MARTINIS AND AS A MATTER OF HOUSEKEEPING I'M TO GIVE YOU A LITTLE BIT OF HISTORY.

>> MARK, LET ME SAY THIS. YOU HAVE UP TO THREE MINUTES. OKAY.

OKAY. OKAY. >> ALL RIGHT.

CAN I PASS THIS JUST TO YOU? IT'S A COPY OF YOUR MINUTES. >> IS THAT NECESSARY?

OKAY. >> ALL RIGHT. SO RESPECT TO THE FACT THAT THEY HAVE NOT HAD ANY KNOWLEDGE OF SHERIFF ACTIVITY. THE SHERIFF HAS BEEN CALLED TO THAT HOUSE ON TWO OCCASIONS, ONE FOR FIREWORKS ON THE BEACH AND ONE FOR ONE OF THEIR TENANTS DROVE DOWN MY NEIGHBOUR'S DRIVEWAY ACROSS HIS BACKYARD AND INTO MY YARD IN

THE MIDDLE OF THE NIGHT. >> SO THOSE ARE TWO POLICE REPORTS.

>> YOU SAY YOU DON'T KNOW ANYTHING ABOUT BUT THOSE TWO ACTIVITIES ON THAT ONE HOUSE THE INTENT HERE IS REALLY THE COVENANTS AND THE COVENANTS THAT WE HAVE.

DO CALL FOR SINGLE FAMILY DWELLINGS. AND ONCE YOU PUT MULTIPLE PEOPLE IN A SINGLE FAMILY DWELLING, YOU NOW HAVE A MULTI FAMILY DWELLING, NOT A SINGLE

FAMILY DWELLING. SO THE ROADS ARE PRIVATE. >> SO IT WAS A PRIVATE DRIVEWAY . THE VACATION IS THAT YOU'D HAVE HEARD ABOUT TONIGHT.

THEY'RE COMING HERE THAT HAVE LITTLE REGARD FOR ANYTHING ARE COMING IF THEY'RE STAYING IN A TWO HUNDRED TO A FIVE HUNDRED DOLLAR HOUSE THEY'RE BRINGING SIX CARS NOT TO SIX CARS.

SOMEBODY SAID 30 PEOPLE IN A YARD. >> THEY'RE TEARING UP OUR ROADS . OUR ROADS ARE PAID FOR MAINTAINED BY THE RESIDENTS.

>> WE CAN'T CONTINUE TO HAVE COMMERCIAL ACTIVITY. >> THE THE THE AMAZON TRUCKS DIDN'T DO AS MUCH DAMAGE AS THE SHORT TERM RENTALS DO YOU KNOW IN OUR NEIGHBORHOOD.

THAT'S ALL I HAVE. THANK YOU. THANK YOU, SIR.

>> POMEROY MY NAME IS JOHN POMEROY. I NEVER 10 SALT WHEN I HAVE ALREADY WON VR B.O. AT EIGHT SALT. WHICH IS A NEIGHBOR.

AND NOW WE'RE LOOKING AT PEOPLE TRYING TO GET MORE VR BIOS ON SALT WIND.

SO AND IF YOU HAVEN'T BEEN OUT THERE IS A TWO TRACK ONE LANE SANDY ROAD WHICH MAKES IT VERY ATTRACTIVE FOR THE RESIDENTS THAT LIVE THERE. AND IT HAS A TOUGH TIME WITH AMBULANCES, FIRE TRUCKS, SERVICE VEHICLES OF ALL KIND TYPES THAT HAVE TO TRAVERSE THAT ROAD TO SERVE THE RESIDENTS THAT ARE THERE. NOW WHEN YOU START ADDING PEOPLE TO TO WHAT'S ALREADY THERE, IT'S A DEAD END STREET WITH NO TURN AROUND AT THE END OF SO FIRE TRUCKS HAVE IT JUST A HECK OF A TIME GETTING AROUND .

IT'S GREAT FOR THE RESIDENTS. WE ALL HAVE OUR OWN WAY OF USING OUR OWN DRIVEWAYS AND THINGS. BUT WHEN WE TALK ABOUT NEW PEOPLE AND LOTS OF NEW PEOPLE COMING IN AS I SEE ON EIGHT SALT WHEN THE NEIGHBORS HOUSE IT JUST FILLED ALL THE TIME.

AND THE OTHER COMMENTS I'VE HEARD ABOUT NOT ONLY FIREWORKS BUT JUST ALL NIGHT ACTIVITIES THEY COME DOWN FROM ALL OVER THE COUNTRY. IT'S JUST AMAZING BECAUSE I'LL GO QUESTION SOME OF THEM ABOUT WHAT ARE YOU DOING AND WHY YOU'RE DOING AND IT'S

[02:20:04]

IT'S A DAY IN AND DAY OUT. THEY'RE ALLOWED I THINK TO PETS .

THEY SEE UP TO FOUR TO FIVE DOGS AT A TIME SUPPOSED TO SLEEP.

THREE BEDROOMS CLOSE SAFE YOU WOULD THINK SIX PEOPLE. WE'LL SEE MANY MORE PEOPLE THAT STAY IN THERE DURING THE NIGHT. AND SO I GUESS WHAT I'M SAYING IS ONE I DON'T EVEN KNOW IF IT'S LEGAL OR APPROVED AT 8:00 SOLEDAD. I WOULD ASK THAT QUESTION IF IT IS FINE, IF IT'S NOT SOMETHING NEEDS TO BE DONE ABOUT IT BECAUSE IT'S ALMOST IMPOSSIBLE TO LIVE NEXT TO. ONE FINAL COMMENT THAT NEIGHBOR ON THE OTHER SIDE IS NOW FENCING ALL OF THIS PROPERTY BECAUSE HE SAID SO MUCH DIFFICULT WITH THE PEOPLE THAT ARE RENTING EIGHT SALT LAND. I HAVE MY OWN FENCE FOR MY DOG KENNEL AND THINGS OF THAT NATURE WHICH I HAD TO PUT IN ONCE I MOVED INTO THE HOUSE BECAUSE OF THE RESIDENTS THAT WERE THE PEOPLE THAT I MENTIONED AND USE EIGHT SALT WHEN I REALLY AM AGAINST ANY ADDITIONAL MULTIFAMILY VR B.O. TYPE STRUCTURES GOING ON SALT WIND IT'S LIMITED ACCESS AND

IT'S UNSAFE BECAUSE THERE. >> YES, THAT'S THE ROBERT LORI .

GOOD EVENING, LADIES AND GENTLEMEN. ROBERT WALKER AND I LIVE AT 68

AVENUE OF OAKS. >> YOU COME RIGHT DOWN MY ROAD TO GET TO THEIR ROAD.

THIS IS PERSONAL FOR ANYBODY. WE LOVE IT HERE AND THERE'S A REASON WHY WE LIVE HERE.

BUT LET'S BE HONEST. THIRTY DAYS 31 DAY LONG TERM RENTAL.

YOU'RE PART OF OUR COMMUNITY, I SUPPOSE. YOU KNOW, WE HAVE RENTERS IN OUR COMMUNITY. THEY'VE BEEN THERE TWO, THREE, FOUR YEARS.

IT'S REALLY JUST THE THREE AND FOUR DAY DEAL. THAT'S ITS AGREED ISSUE THAT IF I WAS GOING TO RENT MY HOUSE I RENT FOR FIVE HUNDRED DOLLARS A NIGHT.

BUT IF I WANTED TO RENT IT FOR THE MONTH I'D PROBABLY GET TWO THOUSAND FIVE HUNDRED.

IT'S PRETTY SIMPLE. WE HAVE PEOPLE HERE. I DON'T KNOW THESE FOLKS.

>> WE LOVE YOUR NEIGHBORS. WE REALLY WOULD. THE PROBLEM IS IS THAT WHEN

THEY'RE NOT HERE THEY'RE TENANT . >> THEY'RE THEY'RE GUEST WAS THEY CALL THEM THEY'RE THEY'RE PAYING THEM FIVE HUNDRED DOLLARS A NIGHT TO ENJOY THE BEACH BUT THEY'RE ALSO CAUSING LOTS OF PROBLEMS CALLING THE POLICE FOR FIREWORKS BECAUSE WE THINK THAT IT MIGHT BE FIREWORKS. IT COULD BE GOT GUNSHOTS.

WE'RE NOT SURE. BUT AT 2:00 IN THE MORNING YOU CALL THE POLICE DOGS UNLEASHED WHICH IS AN OR A VIOLATION OF I THINK STATE LAW RUNNING UP AND DOWN AND DOING THEIR BUSINESS ON JUST REALLY NICE SPEECH. BUT I THINK IT'S THE DCC HOURS ARE IN EFFECT FACT THEY'RE PRETTY PLAIN. WE'VE ALREADY HEARD THE PREVIOUS CASE FOR THE SAME THING AND IT'S QUITE FRANKLY IF IF IT WAS A LONG TERM RENTAL WE PROBABLY NONE OF US WOULD BE HERE BECAUSE THOSE PEOPLE WOULD BE INVESTED IN THE COMMUNITY WHERE THEY LIVE.

>> THEY DON'T GET TO COME IN FOR THREE DAYS AND HAVE A GOOD TIME.

I WORK AT THE LOCAL HARDWARE STORE. I PAY TAXES TO THE LOCAL.

I TAKE CARE OF MY COMMUNITY, TAKE CARE OF THE PEOPLE AROUND THERE.

WHEN I GO BACK TO CALIFORNIA WHERE I'M FROM ORIGINALLY I. I ENJOYED MY TIME THERE BUT I IT'S DIFFERENT. THIS IS MY AND WE TREAT IT WITH RESPECT.

SO THANKS FOR LETTING ME SHARE. THANK YOU, JERRY. WE THANK YOU FOR ALLOWING ME TO

BE SOME INPUT. >> I'M THE LAST HOUSE ON SALT WHEN I DO.

I'M JUST GONNA GIVE YOU SOME OF THE HORROR STORIES THAT HAVE HAPPENED WITH RENTAL PEOPLE.

WE HAVE A HUNDRED AND FIFTY ACRES WE HAVE LIVED HERE SINCE THE LATE 90S.

WE HAVE TURNED A HUNDRED AND FIFTY ACRES BASICALLY NOT ALL OF IT.

MOST OF IT INTO A BIRD AND ANIMAL SANCTUARY. CURRENTLY THIS LAST THREE MONTHS WE HAVE GOT NINE LOGGERHEAD TURTLE NEST AND BIRDS CONSTANTLY ARE POPULATING . WE'VE GOT EAGLES WE'VE GOT OSPREY RIGHT IN FRONT OF THE HOUSE. IT'S NATURE. WE LOVE IT.

WE'RE HERE FOR THAT ROLE AND SPEAK TO THEM. >> RENTAL PEOPLE RIGHT NOW HAVE

BROUGHT THEIR GOLF COURSE INTO THE MIDDLE OF THIS PROPERTY. >> BURIED THEM IN THE MUD.

WE HAD TO HAVE A TOW TRUCK PULL ONE OF THESE GOLF CARTS. THREE HUNDRED FEET THROUGH THE

MUD DESTROYED ALL OF THAT PARTICULAR NIGHT. >> IT DIDN'T FLOOD TO GET TORE UP ALL THE PROPERTY. IT TOOK QUITE A LONG TIME FOR ALL THAT TO BE REPLACED.

[02:25:06]

>> THIRTY MORE SECONDS. BIRDS HAVE BEEN EATEN BY THE LOOSE DOGS.

>> IT'S A DETRIMENT TO THE NEIGHBORHOOD. THE COVENANTS RESTRICT IT.

ALL WE ASK IS THAT YOU ENFORCE THAT COMES BACK. VIVIAN, I KNOW YOU'VE HEARD THAT IF YOU COULD JUST SAY NO, I WILL SAY YES. YES.

THAT'S PRETTY MUCH WHAT I'VE GOT TO SAY. SALT WIND TO BEGIN WITH.

>> I KNOW JOHN MENTIONED THE ROADS THAT OUR ROAD IS A GLORIFIED WALKING PATH.

YOU CAN. IT IS JUST WIDE ENOUGH IN MOST AREAS OF IT TO GET ONE CAR DOWN . SO ONCE YOU START ADDING MORE CARS TO IT AND THEY FAVOR THEIR HOUSE SLEEPS EIGHT WELL I CAN'T TELL YOU HOW MANY TIMES WHEN THEY'VE HAD RENTERS THERE THEY

THEY COME WITH NO LESS THAN THREE AS YOU VS YOU KNOW. >> AND YOU KNOW THERE ARE TWO PEOPLE IN EACH OF THOSE YOU KNOW THE BEACH IS JUST CRAWLING WITH PEOPLE AND I DON'T THINK THEY HAVE ANY EXPLANATION IN THEIR IN THEIR RENTAL THAT TELLS THEM ABOUT THE BEACH, YOU KNOW WHERE WHERE THEY'RE RENTERS CAN GO AND CANNOT GO AND PARTICULARLY THIS TIME OF THE YEAR WHEN YOU'VE GOT THE SEA AND SHOREBIRDS ARE NESTING ALL OVER AND THEY LOVE TO GET

IN THE SHELLS. >> YOU DON'T EVEN SEE THEM. AND THEY COME WITH THEIR DOGS.

THEY YOU KNOW, ASSUME THAT THIS IS A PLAY YARD FOR THEM, DON'T HAVE THEM LEASHED, YOU KNOW, AND WE'RE TRYING TO BE GOOD STEWARDS HERE TO THE COMMUNITY. WE'RE HERE 20, 4, 7, 12 MONTHS

OUT OF THE YEAR. >> AND IT'S A SHAME THAT THE HAVOC THAT PEOPLE CAUSE OVER A WEEKEND AND FEEL LIKE THEY'RE ENTITLED TO IT BECAUSE THEY'VE PAID FOR IT 40 SECONDS AND SO

I'M JUST DO EVERYTHING THAT EVERYBODY ELSE HAS SAID. >> IT IS TRUE.

>> THANK YOU, ELAINE. ELAINE SMITH, JOE. WELL, THAT CLOSE PUBLIC COMMENT . THAT BEING SAID, I MEAN EVERYONE I'VE HEARD WHAT IT WAS ALL OF AND SAID CAN I GET A MOTION MAN? I'M ONLY DENIED A SPECIAL USE PERMIT. SECOND, BECAUSE OF THE. BASED ON THE COVENANTS ESPECIALLY USE PERMIT, IT'S PROBABLY MADE A SECOND ALL IN FAVOR COVENANT AS MR..

>> MR. CHAIRMAN. >> YES. IF I COULD MAKE ONE STATEMENT FOR THE RECORD FOR THOSE OF YOU RE IN HEARING CALL POINT IF THERE ARE THE OTHER SHORT TERM RENTALS AND CALL THEM POINT IF YOU'LL PROVIDE US WITH THE ADDRESSES SO THAT WE CAN

INVESTIGATE THOSE WE WOULD APPRECIATE IT. >> MORE BRIEFLY WILL SMITH.

[19. Mr. Bruce Beasley is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 1044 Sea Island Parkway, St. Helena Island. The property is zoned T2-Rural Neighborhood (T2RN).]

>> WELL HE'S REPRESENTING AFTERNOON. NO SIR I YOU DON'T SIR.

YOU CAN GO. OK. I'M JUST I'M I'M HERE IN

MATTERS OF THE OF TENNESSEE PARKWAY. >> IT IS A RULE AS A RULE.

NEIGHBORHOOD AND IS COMING FOR YOU. HELLO.

>> ONE MOMENT. EXCUSE ME. EXCUSE ME.

YOU SAID TENNESEE ALLEN PARK WITH 244. YOU ARE REPRESENTING BRUCE B? I'M REPRESENTING BRUCE BUSY. I'M THE PROPERTY MANAGER CHRISTIAN SHARON BEASLEY AS YOU WERE. AND BASICALLY IT IS A RULE WHERE A RULE NUMBER.

>> NEIGHBORHOOD THE HOUSE SITS RIGHT THERE. RIGHT AROUND THE CORNER AND WE

DON'T HAVE WE DON'T HAVE A COVENANT. >> SO YOU HAVE YOU HAVE

[02:30:01]

YES. YOU SAID THERE IS NO COVENANT. NO, THERE'S NO COVENANT.

ANY QUESTIONS FOR THE APPLICANT ? OKAY.

ANY PUBLIC GOOD. THANK YOU. ANY PUBLIC COMMENT FOR ITEM NUMBER 20? NO PUBLIC COMMENT BECAUSE PUBLIC COMMENT CAN WE GET A MOTION? I MOVE WE APPROVED THE SPECIAL USE PERMIT.

I'LL SECOND IT MUST BE MADE TO APPROVE ESPECIALLY USE AND SECOND ALL A FAVOR.

>> SPEED APPROVED CELERA REQUESTED ESPECIALLY USED PERMIT.

[21. Mrs. Sally Rock is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 26 Pineland Avenue, St. Helena Island. The property is zoned T2-Rural (T2R).]

HELENA NOT MY NEIGHBORHOOD NO COVENANTS OR RESTRICTIONS MAYBE WAS QUIETLY LOCATED IF YOU GET ON AT THIS POINT AND TURN ON MEETINGS POINT YEAH YOU SEE THERE'S NO COVENANT NOT IN THE

NEIGHBORHOOD. >> YOU SATISFIED ALL OF THE CHECK LIST THAT'S UH REQUIRED PARKING. FIRE. SO YOU LIVE IN MOUNT PLEASANT WHO OVERSEES IT? PMI. THE ISLAND LOCATED FOR GOOD.

>> MA'AM, I HAVE A QUESTION FOR YOU. I'M LOOKING ON YOUR SHEET.

NEW IT'S A FOUR BEDROOM HOUSE AND YOU'RE GOING ALLOW A MAXIMUM OF 10 PEOPLE.

IT'S WHAT YOU HAVE ON YOUR APPLICATION. THERE'S A LOFT THAT HAS ADDITIONAL BEDS. IT CAN ONLY BE IT'S NOT CONDITIONS.

IT CAN ONLY BE USED. THERE'S ONE THING THERE'S TWO QUEEN SIZED BEDROOMS. AND THAT WAS TWO FOUR. AND THEN THERE'S TWO SLEEPING ROOMS KIND OF LIKE IT'S A FISH CAMP THAT'S A LITTLE DIFFERENT . SO THERE'S AND THEN A SLEEPING LOFT THAT HAS SOME SINGLE BEDS UP THERE. SHE'LL GET HANDLED 10 PEOPLE.

YES. >> THERE ARE THERE ARE 10 BUT OK.

BED. WELL THERE'S EIGHT THEN. OK, TWO PEOPLE PER.

RIGHT. OK, COMPUTER. OK.

LITTLE MORE QUESTIONS. THANK YOU. THEY'RE IN A PUBLIC COMMENT FOR

TWENTY TO THIS PACK COOKS STILL HERE? >> NO.

ALL RIGHT. SO THEN WE CLOSE THEIR PUBLIC COMMENT HERE.

HEY, THERE IS SOME PUBLIC COMMENT. YES, SIR.

>> DID YOU GUYS FILL OUT HER LIKE YOU SAID PRACTICALLY. COULD YOU COME UP AND STATE YOUR NAME AND YOU FILL OUT WHAT DID FORMS? YES, I.

26 POUNDS. OK, I DIDN'T STATE TO NAME IT. >> GOOD EVENING EVERYONE.

>> I'M SORRY I RAN OFF SCREEN. I LIVE ON PINE LAND AVENUE AND I DON'T KNOW.

AND I DO KNOW THAT WE HAVE A WONDERFUL QUIET NEIGHBORHOOD AND FISH CAMP.

WELL, I WANT TO GET BACK GO BACK. THE ENVIRONMENT IS IS VERY CONDUCIVE FOR WHAT WE DO WHICH WE HAVE ORGANIC FARM. WE WORK WITH THE YOUTH.

>> SO THERE ARE LOTS OF CHILDREN IN OUR AREA ON THE FARM ON MANY OCCASIONS.

>> AND THE PROPERTY THAT'S IN QUESTION WAS IF FISH CAMP AND WE'VE HAD MANY PROBLEMS WITH THAT FISH CAMP BECAUSE OF IN AND OUT RESIDENTS SHORT TERM RESIDENTS COMING IN AND OUT.

SAME THING AS THE LADIES WERE SAYING THE FIREWORKS, THE LOUD NOISES, THE PARTIES AND THINGS OF THAT NATURE AND I MET HER. AND I THINK SHE JUST GOT WITH. AND SO BUT MY CONCERN IS WHAT

[02:35:02]

THE OTHER PEOPLE WERE SAYING. >> I WANT TO BE PROACTIVE IN OUR COMMUNITY AND I WANT TO MAKE SURE THAT OUR COMMUNITY REMAINS RESIDENTIAL AND WE GET TO KNOW OUR NEIGHBORS, WE GET TO MEET OUR NEIGHBORS AND BE A PART OF A NEIGHBORHOOD AND I DON'T LIKE WHAT I'M HEARING BUT THAT DOESN'T MEAN THAT THIS IS GOING TO HAPPEN TO US AND I DON'T KNOW WHAT KIND

OF PROVISIONS OR RESTRICTIONS A COVENANT HAS. >> BUT I KNOW THAT WHAT WE'VE HAD IN THE PAST FROM THE FISH CAMP RESIDENTS THAT CAME TO SEE THAT AGAIN.

SO I WOULD LIKE TO KEEP COMMUNITY RULE AND RESIDENTIAL AND A NEIGHBORHOOD AND NOT A SHORT TERM RENTAL BACK AND FORTH WITH DIFFERENT INDIVIDUALS THAT ARE ROWDY AND DISAGREE A CORRUPTIVE AND DISRESPECTFUL SAID IT, MAN. OBVIOUSLY YOU HAVE YOU GOT IT.

WHICH IS IT? HAVE YOU HAD ANY ISSUES THERE WITH THE HOUSE WITH THE FISH

CAMP WHEN THERE WAS A FISH CAMP? >> IT WAS IT WAS A I GUESS I DON'T KNOW HOW THEY USED IT BUT I KNOW DIFFERENT PEOPLE WOULD COME I DON'T KNOW THEY USED TO.

>> YEAH BUT I KNOW IT WASN'T. >> IT WAS ONLY ONE DAY. WELL MAYBE.

YEAH. >> I DON'T KNOW WHAT THE WHAT DOES QUALIFICATIONS FOR THE HOUSE BEING THERE BUT AS A FISH CAMP I DON'T KNOW WHAT WHAT THE RESIDENTS OR RESIDENTS WERE REQUIRED TO DO OR THE OWNER WAS REQUIRED TO DO IN TERMS OF WHO COMES AND GOES BACK WE HAD

PROBLEMS. >> WE CALL SHERIFF DEPARTMENT COUPLE OF TIMES BECAUSE OF THE NOISE. AND OF COURSE THEY SAID WELL THEY HAVE THE RIGHT TO DO WHATEVER THE GUNS GOING OFF TARGET PRACTICE, WHATEVER THINGS OF THAT NATURE, NOT HER.

BUT WHEN IT WAS USED AS ANOTHER FISH CAMP WAS USED AS ANOTHER YOU KNOW, OBVIOUSLY THAT'S YOUR

COMMUNITY. >> SO THERE IS NO COVENANT THERE.

I KNOW THAT. >> THANK YOU, DANNY COLTON DANNY SON, WHERE'S OUR SIGN UP

? >> ALSO I'M HERE BECAUSE I DON'T WANT HIM TO SPEAK ON THIS . HE'S GOT A SURGERY SCHEDULED FOR A CYST ON HIS VOCAL CORD IN

AUGUST. >> AND MY MOM TOLD ME I BETTER COME HERE UP TO THREE MINUTES.

THANK WITH MR. CHAIRMAN MEMBERS . >> THERE'S SOME OTHER THINGS GOING ON HERE RATHER THAN RESURRECT THE HORSE AND KEEP ON KICKING THE HORSE.

WE'VE GOT SAME ALL THE SAME ISSUES. DITTO.

PLUS WE'RE TRYING TO SQUARE WITH THIS APPLICATION THAT WE GOT COUNTY STAFF THANKFULLY

THAT STATES THE CEO ON THIS PROPERTY. >> IN OTHER WORDS, WHAT THE COUNTY BUILDING OFFICIAL APPROVED IN 2015 WHEN IT WAS BUILT 480 SQUARE FOOT ONE ROOM DEAC GAVE THAT STRUCTURE PERMISSION TO COME IN WITH WHAT YOU CALL A CAT BOX SEPTIC

SYSTEM. >> OK, SO WAS BASED ON ONE ROOM.

SO NOW YOU'VE GOT BEFORE YOU START WITH THAT. >> NO WAY TO KNOW THIS IS A SIMILAR SITUATION WITH THE COVENANTS. HOW DO YOU GO AND FIND THIS LESS THAN MY BRAIN'S ATTENTION? SO THANKFULLY WE'RE HERE TONIGHT AND THANKFULLY YOU GUYS ARE HERE AND WHAT WE HAVE TO SAY ABOUT THIS BUT DIRECT SAYS YOU CAN DO A FORCED PUMPED CAT BOX SYSTEM FOR THAT ONE ROOM. SO WHAT HAPPENS WHEN YOU DON'T HAVE POWER? WHAT HAPPENS WHENEVER YOU HAVE 10 PEOPLE WHICH IS IN THEIR APPLICATION? THEY KEEP FLUSHING AT ALL. IT KEEP RUNNING THE SAYING KEEP DOING WHATEVER IS COMING OUT OF THE GROUND. IT'S NOT A TRADITIONAL GRAVITY FLOW SYSTEM WHERE IT STOPS AND BACKS INTO THE HOUSE. IT'S COMING UP ABOVE THE GROUND.

THIS SEPTIC FIELD BY THE WAY, IS TOO CLOSE TO THE PROPERTY LINE.

IT'S IN THE NORTH EAST CORNER. IF YOU'RE LOOKING AT THE SUBMITTED PLAQUE, THE NORTHEAST CORNER IS NOT SHOWN IN ATLANTA IS LEFT BLANK ON THE APPLICATION AS TO WHAT TYPE OF SEPTIC SYSTEM THERE IS. ALSO THE DITCH GO STRAIGHT TO HEADINGS CREEK RIGHT THROUGH THE SET AND SET THE SYSTEM HEADINGS CRAIG SHELLFISH HARVEST HAS BEEN SHUT DOWN BY DNR DUE TO FECAL CHLOROFORM LEVELS 60 PERCENT REDUCTION NEEDED ACCORDING DNR.

>> I'VE GOT ALL THIS I CAN HANDLE AND IF YOU NEED TO THE D HEX STUDY OF THE SHELLFISH STATION THEY'RE THE CLOSEST ONE TO THIS PARCEL SO IT'S TOO MUCH FECAL CHLOROFORM ALREADY SO THE BOARD COULD CONSIDER THAT WE'D BE GRATEFUL AND ALSO PLEASE CONSIDER THAT ACCESS TO THIS PROPERTY RAISED BY PRIVATE DRIVEWAY SERVING FIVE RESIDENTS .

[02:40:06]

OWNERS ON PALIN. >> EVERYBODY ELSE THEY'VE TALKED TO, THEY KNOW EVERYBODY MY FATHER AND MY MOTHER HAVE BEEN THERE SINCE 2004 REALLY THEY CAME IN AND AND WE'RE KIND OF CAMPING WITH AN APPROVED SET THAT FIELD SINCE TWO THOUSAND EIGHT 2006 MANY WAYS TRYING TO FEEL THE NEIGHBORHOOD SEE IF THEY WANT TO MOVE DOWN HERE PERMANENTLY MOVED DOWN HERE

PERMANENTLY DID EVERYTHING RIGHT WAY WHAT HAVE YOU. >> AND I'M ON OUR IRONICALLY YOU'RE TELLING YOU DON'T LET ANYTHING IN THAT AREA BECOME A SHORT TERM RENTAL BECAUSE THE ONLY ISSUE THEY HAD WITH NOT BUILDING DOWN HERE WAS MAN AT PARTY HOUSE DOWN THERE THEY'RE SHOOTING GUNS AND SHOOT DOING WHATEVER AND WE DON'T KNOW THOSE PEOPLE.

AND SO HERE WE ARE WHICH WE'RE KIND OF IN SHOCK. SO WE APPRECIATE YOUR TIME AND I I CAN ANSWER ANY OTHER QUESTIONS AND I CAN SUBMIT DOCUMENTATION IF NEEDED.

>> SO YOU HAVE DOCUMENTATION STATING THAT THAT WE SAID A 400 SQUARE FEET OR EIGHT SQUARE

FEET ON THE CEO AND THE BUILDING OFFICIAL CAME BACK. >> THAT WAS JANUARY 2015.

BUILDING OFFICIAL CAME BACK IN JUNE AND INSPECTED AND SAME THINGS ON OUR 480 SQUARE OF THE SO LAST OF IT WAS BUILT WITHOUT BUILDING PERMITS THAT WOULD CORRECT THE REST OF IT.

>> ON THIS ON ALL THIS DOCUMENTATION TO THE COUNTY FOR APPROVAL TO GET THE CEO GET THE POWER CUT ON YOU GOT A SCREEN PORCH OPEN SCREEN PORCH AND YOU GOT A COVERED PORCH AND THEN

YOU GOT UNDERNEATH. >> SO I DON'T KNOW HOW THEY'RE GETTING TO THIRTEEN HUNDRED SQUARE FEET. I DON'T KNOW WHO WHO SOLD THAT BUT IT'S UNFORTUNATE THAT THAT'S THE REALITY OF IT AND THAT'S WHAT THE COUNTY SHOULD SHOULD CONSIDER AGAIN.

OUR MAIN ISSUE IS WHAT'S GOING TO COME OUT OF THE GROUND. WHAT WHAT'S GOING TO HAPPEN TO THE ROAD A PRIVATE ROAD WHICH DIRT ROAD COURSE AS YOU'VE PROBABLY GUESSED YOU'RE SAYING THAT THE SEPTIC TANK THAT YOU'RE SITTING ON A CAT BOX FORCED ALSO LED TO THE SEWAGE

DISPOSAL. >> CORRECT. YEAH, BUT SIMILAR TO A GRINDER

PUMP THE WAY IT I JUST WANTED TO MAKE SURE ON THE CHECK. >> THANK YOU.

I CAN PASS UP THAT DIRECT STUDY TO ME PLEASE, MR. CHAIRMAN. YES, SIR.

AND THEN ONCE YOU ARE IN IT'S A 20 FOOT WIDE PRIVATE DRIVE FOR FIVE HOME.

>> SO THEN YOU THROW IN THE SHORT TERM RENTAL OF TRANSIENT PEOPLE IN THERE JUST AGAIN THIS IS KIND OF A IT'S KIND OF SOMETHING WE WE WOULD THANK YOU WOULD NOT CHARACTERIZE THAT AS BEING CONSISTENT WITH THE COMMUNITY TO HAVE TRANSIENTS COME IN ON TOP OF VERY THINGS.

>> ALL RIGHT. THANK YOU, SIR. THANK YOU.

IS THERE ANY WAY COURSE HILLARY . OKAY.

WE'D LIKE TO HEAR FROM THE I THINK THAT'S THE END. IS THERE MORE PUBLIC COMMENT FOR THE ITEM OF SO WE FEEL SO WE CLOSE THE PUBLIC COMMENT. I'D LIKE TO HEAR FROM THE COUNTY THIS TAX RECORD AND I REALIZE THAT THE SPENDING IS ONLY EIGHT HUNDRED AND FOUR HUNDRED AND EIGHTY SQUARE FEET SO I DON'T SEE HOW YOU CAN GET FOUR BEDROOMS OUT OF THAT.

SO I'M I'M I'M BEING A LITTLE BIT I THINK I'M I WANT TO CHANGE MY RECOMMENDATION FROM APPROVAL BUT I DON'T SEE 10 PEOPLE IN FOUR HUNDRED AND EIGHTY SQUARE FEET BUILDING AND I'D LIKE TO CHANGE MY RECOMMENDATION FROM APPROVE TO DISAPPROVE BECAUSE I DON'T THINK THE SUFFIXES THEM AND THE SIZE OF THE BUILDING UNLESS SHE CAN BRING SOMETHING BACK FROM BUILDING CODES THAT THEY YOU KNOW ADDED ON AND AND THE TAX ASSESSOR PICKS UP UNTIL THEN I WOULD RECOMMEND DISAPPROVAL. THANK YOU. BASED ON EVIDENCE THAT'S BEEN PRESENTED BEFORE US, THE TESTIMONY WE'VE HEARD TODAY THAT SOMEONE LIKE TO PUT IN PLACE A MOTION MOVED THAT WE NOT APPROVED THE SPECIAL USE DUE TO THE ENVIRONMENTAL

IMPACTS OF THE PROPERTY ON ADDING OUR SAGA. >> SO IT'S BEEN MOST OF THEM MADE TO DENY ESPECIALLY USED PERMIT AND IT'S BEEN PROPERLY MADE AND SECOND ALL THE

[02:45:03]

FAVORABLE DENIAL OF THE SPECIAL USE PERMIT HAS BEEN DENIED. >> MOVING ON TO ITEM LAST ONE.

>> DEFER THE AUTO BODY SHOP OTHER PAGE AFTER THAT I WAS FRANTICALLY FOR.

[31. Mr. Jonathan Best is requesting a Variance from Division 4.1.270.A Vehicle Services – Auto Painting/Body Shop 250-feet from any existing residential development, school, or day care. The property is located at 1498 Fording Island Road, Bluffton. The property is zoned C5-Regional Center Mixed Use (C5-RCMU).]

SHE DOESN'T HAVE MY FACE HARRY ON THE SEABED THINK WHERE THE WAREHOUSE ON OURS IS QUICK AND

EASY. >> HOPEFULLY MY NAME'S JONATHAN BEST ISLAND BETTER COLLISION CENTER. WE'RE OF CHARLESTON. WE ARE PERSONAL AS OPEN IN CHARLESTON OUR SECOND DOOR AS I HEARD BEAUFORT COUNTY ACTUALLY. SO WE'RE RIGHT ON INDUSTRIAL VILLAGE ROAD WE HAVE A THIRD STORE MOST CORNER AND ACROSS THE MARKET AND WE'LL TRY AND HOPEFULLY OPEN OUR FOURTH STORE RIGHT HERE. I'M BLESSED WE WERE ALREADY STARTING PROCESS ON IT. WE THOUGHT THE ZONING WAS CLEARED OF COURSE AND SOMEBODY MISS DILIGENCE THAT THEIR EXPERIENCE THAT'S A RESIDENTIAL NEIGHBORHOOD I BELIEVE WE'RE APPLYING FOR A SPECIAL USE PERMIT THAT I URGE VARIOUS SPIRIT VARIANCE.

OK, FORGIVE ME IF WE'RE LIKE WE'RE LOOKING TO REQUEST A VARIANCE TO GET ACCEPTANCE TO

OUR COLLECTION. >> GOOD. THIS IS RIGHT DOWN SEVENTY EIGHT, RIGHT? YES, MA'AM. I THINK ONE OF THE CONCERNS WE'RE IN. FORGIVE ME. I HAVE ANY INFORMATION WITH ME.

WE'RE RUNNING TRYING TO GET HERE IN TIME. WE HAD TO WORK DAY AND TRY TO GET HERE FROM CHARLESTON BUT I BELIEVE SOME OF THE CONCERNS WERE THE USE OF THE SHOP FROM PROPERTY BEHIND US. WE DIDN'T WALK THROUGH IT. IT'S PRETTY FAR AWAY FROM A HUNDRED AND FIFTY FEET AND THERE IS ONE HECK OF A TREE LINE BACK THERE.

I MEAN I CAN'T I DIDN'T EVEN KNOW THERE WAS PROPERTY BACK. I THINK IT ACTUALLY YOU CANNOT SEE US BACK THERE. I'M NOT EVEN SURE IF THAT'S EVEN A WORRY MORE THAN JUST KIND OF AN OPINIONATED THING FROM PEOPLE I WANT TO SEE. BUT WE DIDN'T SPARING EXPENSE IN REGARDS TO WHAT WE DESIGN IF WE WANTED TO MAKE SURE IT FELT LIKE IT FIT INTO THE COMMUNITY WE CHANGE SOME OF OUR COLORS. YOU'LL SEE THE DARKER COLOR IMAGE ON THE FRONT ARE TYPICALLY WE GO WITH THE BRIGHTER BLUE JUST THE KIND OF NATURE BLENDED WELL INTO THE COMMUNITY ROOM AND WITH A DARKER COLOR JUST HOPEFULLY APPEAL TO THE CITY IN THIS YEAR. I THINK ONE OF THE OTHER PROBLEMS WAS THE VENTILATION OF THE SHOP'S VISIBILITY. WE UPGRADED WITH A KIND OF LIKE A BARRIER AROUND THE FILTERS OF TOP SO IT LOOKS LIKE A CHIMNEY LOOKS LIKE IT'S IN NEW YORK YOU CAN'T SEE IN ONE OF THESE PICTURES HERE WE'LL KIND OF SHOW YOU IT'S ON A SMALLER SHEET.

IT'S DOWN THE BOTTOM. IT'S A NUMBER THREE ON IT THIS ONE HERE YOU CAN ACTUALLY SEE THE TREES THAT ARE ALREADY IN PLACE THAT YOU CAN'T REALLY SEE THAT CHIMNEY WITHIN THE BUILDING ENORMOUSLY. IT'S IT'S TOWARDS THE BACK RIGHT SIDE OF BUILDINGS.

SO WHEN YOU'RE DRIVING DOWN FALLING ON ROAD, YOU ACTUALLY CAN'T SEE THAT.

FORGIVE ME. I'M STILL I'M HERE LOOKING FOR YOU HAVE A SEAT AND I KNEW I

HAD IT HERE. COME ON. >> I GET TWO PEOPLE SHUFFLED

AROUND. >> THAT'S NO DOUBT MONK SO I KNOW AS A CONCERN ABOUT FOOD

IT'S LIKE TWO HUNDRED FIFTY FEET. >> YEAH.

THAT'S THE VARIANCE. ALL RIGHT. WHEN YOU SAY YOU YOU YOU HAVE AUTO BODY SHOP HERE IN BEAUFORT . DID YOU TAKE OVER AT ALL?

WERE YOU HERE BEFORE ME? >> WELL I WAS I USED TO BE THE CEO OF IN A GROUP ABOUT A.

>> NO. COME BEFORE THIS BOARD IS SIMILAR.

I REMEMBER SOMEONE COMING TO US FOR THE BOARD, NOT US. NOW WE DID BUY OUR OWN BODY

[02:50:03]

NOT SO MUCH PROBABLY JUST SINCE THE TIME WE'VE BEEN THERE WE PREPARED FOR COUNTY AT LEAST 10000 PEOPLE. GEEZ, YOU'RE SAYING WE'RE BAD DRIVERS ALSO AS WE HEARD THE ACCIDENTS WHERE THE EARTH IS IF YOU LOOK AT LOOK AT THE SITE PLANT.

I MEAN THE NEIGHBORHOOD CAN IT'S LIKE HERE'S 278. HERE'S THIS ONE THERE.

LOOK AT THIS. IT LOOKS LIKE YOU'VE TAKEN ALL THE NECESSARY PRECAUTIONS FOR ANY CAR NOISE POLLUTION OR NUMBER TWOS OR ANY PARTICULATE POLLUTION AND THAT'S YOU'RE ABSOLUTELY RIGHT. WELL, I THINK ACTUALLY THAT WAS RIGHT.

THOSE WOULD BE MORE WORRISOME. I'M FAMILIAR WITH OCEAN. THERE'S HOUSES AND MANY PARK YOU HAVE AND THERE'S A TRIAL. HOW WOULD YOU STORE? I THINK I REMEMBER READING IF YOU WILL PARK AND IT'S GOING TO BE STORED ON THE HIS SIDE MOST LIKE ALL THE OTHER WEEK DURING THE DAY. CARS COMING. THEY'RE ALWAYS GOING TO BE BEHIND THE FENCE. BUT DURING THE DAY WE DO PULL THE RED CARS OUT.

THEY ARE IN THE ENCLOSED FENCE AND THEY'RE JUST A LITTLE MORE PRODUCTIVE TO THE BUILDINGS.

BUT IN THE EVENING YOU SAW ALL THE RED CARS IN THE BUILDING. SO MUCH YOU HAD OUTSIDE UP AND DOWN VEHICLES AND IT WAS JUST A GREAT DELIVERY. RIGHT.

KEEPING READY FOR INTAKE AND READY FOR OUTTAKE. >> ONE OF THE LETTERS WE GOT FROM NEIGHBORS WERE CONCERNED ABOUT THE THE ACCESS ROAD BACK TO THE NEIGHBORHOOD.

I MEAN WHAT KIND TRAFFIC DO YOU HAVE? WHAT YOUR SORT OF TRAFFIC GREATLY TRAFFIC LOAD INTO YOUR VEHICLE? YEAH, WE ONLY RAN ABOUT FIVE TO 10 VEHICLES A DAY AND ALL OF OUR CUSTOMERS ARE SCHEDULED AND WE DID ALL THROUGH OUR APP BE VERY STRICT ON THAT REALLY CALM PROCESS BUT ONLY SO MANY CARS.

I WOULD SAY ON AVERAGE I MEAN WHEN YOU SAY BACK ROAD WHAT'S ROAD YOU TALK IF YOU SIGN ON

THE ACCESS ROAD. >> IT SEEMS LIKE THE ROAD THAT COMES OFF THE 278 I WAS JUST LOOK LOOKING ON LINE. THIS ONE RIGHT. OH TO GET INTO OUR PROPERTY.

YEAH. SO IT ACTUALLY LOOKS LIKE IT. I MEAN WHEN I'M FULLY THERE I NEVER REALIZED THAT WAS AN ACCIDENT. I JUST ASSUMED THAT WAS OUR DRIVER. YOU CAN GO RIGHT OR LEFT IMMEDIATELY WHEN YOU PLAN.

I WOULD SAY ON AVERAGE MAYBE 20 CARS A DAY. >> HOW MANY EMPLOYEES DO YOU

HAVE TO SEND 15 EMPLOYEES 10 15 . >> IS THAT ACCESS ROAD SHARED BY OTHER BUSINESS BUSINESSES AND THE ACCESS ROAD? I'M NOT.

I WAS LOOKING ONLINE AT THE GOOGLE MAPS AND YOU MIGHT HAVE A DIRECT ENTRANCE OFFERED TO 78 BUT THERE'S ALSO A BUT THERE'S A ROAD THAT RUNS ALONG THE SIDE THAT'S NOT US BY THE WAY.

THAT'S A WHOLE THERE'S A BUNCH OF COMMERCIAL. YEAH.

AND THERE'S A LITTLE STRIP MALL THERE A FEW UNITS AND THEN THERE'S SOME DOCTOR OFFICES IN THE BACK. SO WE WILL NOT BE ON THAT ROAD. OK.

FORGIVE ME. >> I'M JUST TRYING TO MAKE SURE I KNEW WHAT YOU WERE LOOKING

AT, RIGHT? >> WELL I DO YOU KNOW WHEN YOU'RE LOOKING AT GOOGLE MAPS YOU'RE NOT ALWAYS QUITE SURE WHAT YOU'RE LOOKING AT. SO IS THERE ANY MORE QUESTIONS FOR THE THANK YOU, SIR. WELL, THE COUNTY YES. RECOMMENDED A DID AND I THINK THAT'S BEEN SITTING EMPTY FOR A WHILE AND THE BODY SHOP CODE REQUIRES THAT IT BE TWO HUNDRED AND FIFTY FEET FROM A RESIDENTIAL AND THERE'S APARTMENTS BEHIND.

SO MY SUGGESTION WOULD BE BE PULL THE PAINT, YOU KNOW, FARTHER AWAY FROM THE REAR OF THE PROPERTY AND SUBMITTED SOME EXTRA STUFF ABOUT THE NOISE AND ALL THAT OTHER STUFF.

SO THAT WOULD BE OUR RECOMMENDATION THAT THE ENSURE THAT THESE THINGS ARE IN PLACE AND HOPEFULLY THERE BE NO COMPLAINTS THEN RE BUT WE RECOMMENDED A PROPOSAL.

HE SEEMS TO BE TAKEN. HE'S GOING TO TAKE THE NECESSARY PRECAUTIONS TO REDUCE THE NOISE THE NOISE OVER THE POLLUTION. SO THEN THE BUILDING ITSELF.

OUR STAFF NOT STAFF OR DESIGN REVIEW BOARD WILL LOOK AT IT. IF HE'S CHANGE IN ANYTHING HE'S CHANGING THE COLORS AND I GUESS THIS CHIMNEY THING WILL BE LOOKED AT AND MAYBE HIDDEN FROM 278. SO IT HAS TO GO THROUGH OUR FINAL DEVELOPMENT REVIEW AND THE DESIGN REVIEW WILL LOOK AT THE BUFFER BETWEEN HIS PROPERTY AND THE RESIDENTIAL

NEIGHBORHOOD. >> SO ALL THE LANDSCAPING AND ALL THAT STUFF WOULD BE

[02:55:02]

YEAH THAT'S WHAT GOT ME LOOKING AT IT. I WAS NOT SURE IF YOU WOULD EVEN USE IT IN JUST SO I'M CLEAR THIS THE SUBMITTED MATERIALS I BELIEVE IT WAS

WHERE IT IS THE NEW FAN AND DUCT IS THAT. >> IS IT YOUR POSITION THAT THAT THIS CAN END UP BEING MOVED CLOSER TO THE FRONT OF THE PROPERTY?

I THOUGHT A PAINT BOOTH WAS RIGHT. >> IT IS SO THE SOUTH SHOULD BE MOVED CLOSER TO THE FRONT AWAY FROM THE APARTMENTS. SO I GUESS THIS IS JUST A RENDERING. I'M NOT SURE HOW IT'S GOING TO BE BUT WE WE HAVE RECOMMENDED

THAT ANY PAINT MOVE ITSELF IS NOT IT? >> I THINK I'VE MEASURED TWO

HUNDRED FEET FROM THE PROPERTY LINE. >> SO IS THAT BECAUSE OF NOISE

WERE YOU'RE CONCERNED? >> I THINK IN THE ORDER I'M NOT SURE WHAT'S COMING OUT THESE PAINT BOOTS. YOU KNOW WELL GOOD THING HERE. HE'S GOT CHARCOAL FILTERS WHERE THERE'S NOT GOING TO BE ANY ODOR. THE SOUND IS 63 DECIBELS.

THAT'S RIGHT. SO PLUS YOU'RE GOING TO THINK CASE IN A SOUNDPROOF BOX.

SO I DON'T THINK THAT'S GOING TO BE AN ISSUE. NO.

I MEAN IF EVERYTHING HE SAYS HE'S GOING TO HEAR WHEN HE DOES IT AND THIS THING ON TOP WILL BE LOOKED AT BY THE DESIGN REVIEWS WHICH IS NOT JUST A BIG THING STICKING OUT INTO THAT WOULD NEED TO BE A CONDITION OF ANY PROOF. THEY HAVE TO IT.

SOMEBODY HAS TO COME BEFORE THE DESIGN REVIEW BOARD ANYWAY. >> YEAH.

>> THANK YOU. >> THE VARIANCE THERE JUST BECAUSE TO ME THESE THE VARIANCE THAT HE'S ASKING FOR TONIGHT IS TO BE 87 FEET INSTEAD OF 250 CLOSE TO THE

RESIDENTS. YES. >> I'M NOT SURE WHERE YOU SEE WHAT I SHOW. HE'S TRYING TO FIGURE OUT WHAT WE'RE SAYING.

HEY. IT JUST SAYS CLOSE TO TWO HUNDRED AND FIFTY.

I DON'T KNOW WHAT IT MEANS. >> THE RARE PROPERTY. SO I'M NOT SURE WHERE YOU'RE GOING TO PUT THE PAINT ON THE OUTSIDE OF THE BUILDING SIZE IS INSIDE.

YEAH, THAT'S WHAT I'M YOU INSIDE THE BUILDING. WHERE DO WE GET THAT? OK. ARE WE TALKING ABOUT TRYING TO. A PIECE? I GOT A GOOD THING IN THE OHIO RIVER DID IT. THAT'S WHAT WAS REALLY BOTHERING MAKE SENSE THOUGH. YEAH. ARGUMENTS.

YES. SO SO THE EXISTING BUILT THE BACK OF THE EXISTING BUILDING IS 80 70 FEET FROM THE PROPERTY LINE INTO THE VARIOUS BEFORE US IS APPROVAL OF THAT BECAUSE THE

THE SET BACK IS 250. >> YES IN IT WAS IN YOU IT APPROVED IT IT WAS STEPS IT

RECOMMENDATION IS TO APPROVE IT. >> YES WE WILL NEED YOU ALL TO MAKE A CONDITION THAT ALL THE NOISE ATTENUATION ALL THE CONDITIONS ASSOCIATED WITH THE

PERMIT MAKE THAT A PART OF YOUR MOTION. >> RIGHT.

>> IF YOU WILL PLEASE. THAT BEING SAID, WE WOULD LIKE TO SEE THE EMOTIONAL FLOOR

LOOKS LIKE JOHN'S GOT TO MAKE IT FINE. >> I'LL MAKE IT I MAKE EMOTIONALLY MOVE THE VARIANCE PROVIDED THAT HE HAS PROPER NOISE ATTENUATION WHICH WOULD INCLUDE PUTTING THE COMPRESSOR IN AN ENCLOSED ROOM WITH A SOUND DEADENING WALLS I'LL SEPARATE SORT OF MOTION IS TO PROVE WITH THE CERTAIN CONDITIONS THAT'S BEEN PROPERLY MADE IN SECOND FAVORABLE FOR PROVING THE VARIANCE SIGNIFY BY RAISING.

>> THANK YOU SIR. YOUR VARIOUS HAVE BEEN APPROVED SIR IN THE BUSINESS I HAVE NO BUSINESS ADJOURNED. WE ADJOURNED SUDDENLY LIKE

* This transcript was compiled from uncorrected Closed Captioning.