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[1. CALL TO ORDER]

[00:00:07]

THERE'S FIVE 0 2. >> WELCOME TO OUR SCHEDULES ZONING BOARD OF APPEAL MEETINGS . IT IS OUR CUSTOM THAT WE BEGIN OUR MEETING BY RECITING PLEDGE OF ALLEGIANCE. IF I COULD ASK YOU GUYS TO STAND AND FACE THE FLAG HERDS OF LADIES TO THE FACE OF AMERICA AND EVERYBODY RIBAUT OR A NATION UNDER GOD OR WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. ARE WE OK ON NOTIFICATIONS

[4. ADOPTION OF AGENDA]

HILLARY ADOPTION OF THE THE LAST MONTH AGENDA HAVE EVERYONE HAVE THE OPPORTUNITY TO LOOK AT OVER ANY ADDITIONS DELETIONS WOULD LIKE TO MAKE A MOTION TO ADOPT A MOVE THAT WE ADOPT THE AGENDA LIKE SECOND ADOPTION OF AGENDA HAS BEEN PROPERLY MADE AND SECOND ALL IN FAVOR OF ADOPTING THE MINUTES OF LAST MONTH PLEASE SIGNIFY BY AND WE WOULD NOTE THAT MR. MITCHELL WAS NOT HERE. THAT'S WHY HE'S ABSTAINING FROM VOTING.

IT'S ALL IN FAVOR FOR THE AGENDA EVERYBODY. THIS IS WHAT IT MAYBE FOR TWO MINUTES I MET FOR 10 MINUTES FOR THE CLINTONS. I'M SORRY FOR A MINUTE.

WELL, WE DON'T HAVE A MARGIN FOR THE. WE'RE GOING.

LET'S MOVE FOR THE AGENDA AGAIN. IT'S NOT ALONE.

OK, SO I DON'T KNOW WHAT THE AGENDA IS. MOVE THAT WE'RE GOING TO GET

SOMEONE TO MOVE THAT WE ADOPTED IT SO MOVED. >> SO IT'S BEEN PROPERLY MADE.

[5. APPROVAL OF MINUTES – July 28, 2022]

SECOND THERE'S AND PROBABLY MADE A SECOND AVAILABLE WERE ADOPTED.

IT DIDN'T THE AGENDA HAS BEEN ADOPTED NOW ON JULY TWENTY TWO THOUSAND TWENTY TWO MEETING AS EVERYONE HAD THE OPPORTUNITY TO REVIEW THOSE MINUTES THAT WAS HERE.

ANY ANY CHANGES? NO CHANGE IS GOING TO GET SOMEONE TO MAKE THE ADOPTION SO JULY 28 MEETING AND IT'S BEEN PROPERLY MADE. SECOND AND SECOND ALL IN FAVOR.

AND WE NOTE THAT MR. WILLIAMS WAS NOT MR. WHEELER. MR. MITCHELL WAS NOT HERE ON

[6. Mr. & Mrs. James Ware and Ms. Amanda Dubose are requesting a Reconsideration pertaining to the Administrative Appeal decision by the ZBOA at the last meeting.]

THAT DAY. SO SO THAT MOTION CARRIES ITEM NUMBER SIX.

MR. AND MRS. WITH JAMES WHERE'S STANDING? THIS IS A RECONSIDERATION WITH THEIR RECONSIDERATION ONE OF THE OPPOSING INDIVIDUALS WITH THIS ONE.

>> ONE OF THE PREVAILING MEMBERS WOULD HAVE TO MAKE THAT MOTION FOR RECONSIDERATION.

AND THOSE PREVAILING MEMBERS WOULD BE THINK MR. SHRIMP SHACK AND MISS WHOSE APARTMENTS THINKING THEY WOULD HAVE TO BE THE ONE WHO WAS THE OTHER INDIVIDUAL THAT VOTED.

WAS IT ME? YEAH. MY DID NO NO NO.

YOU DON'T HAVE TO DO IT. YOU KNOW YOU DON'T HAVE TO DO ANYTHING BUT TO RECONSIDER.

MR. TAYLOR PUT A PETITION IN TO RECONSIDER. SO IN ORDER FOR THIS RECONSIDERATION TO GO THROUGH ONE OF THE PREVAILING MEMBERS WHICH WOULD BE YOURSELF MR. SHIM CHECKED ALL MYSELF WOULD HAVE TO MAKE THAT MOTION. BUT IF NONE OF YOU GUYS MAKE THAT MOTION, THEN WE WOULD NOT HEAR THAT CASE AGAIN. SO THAT'S THAT'S WHAT'S BEFORE US. NOW SO IF NONE OF YOU GUYS MAKING A MOTION TO RECONSIDER THAT APPLICATION, THEN WE MOVE FORWARD ON IT. SO THAT'S GOING ONCE GOING TWICE SO NONE OF YOU GUYS WANTED TO RECONSIDER. SO THAT WAS TAYLOR USED HERE.

OK. NOBODY MADE A MOTION TO RECONSIDER.

WELL, YOU OR ME OR YOU KNOW ME FOR MYSELF. >> SO IF NO ONE MAKE THE MOTION WE WILL NOT HEAR THIS CASE. OK. BUT IF SOMEONE MAKE A MOTION THEN WE WILL OPEN IT BACK UP. I HAVE A QUESTION FOR OUR MOTION BUT MAYBE IT WOULD HAVE TO BE SECONDED BY ANYONE ANYWAY. YOU GOT ONE UP AVAILING WOULD HAVE TO OPEN IT UP WITH THE MOTION. OK.

SO WITH THAT BEING SAID IS ANY ONE OF THE PREVAILING MEMBERS WANT TO OPEN MOTION AND IF NOT THEN WE WILL MOVE FORWARD WITH IT. ALL RIGHT.

SO WITH THAT BEING SAID, MR. TAYLOR, WE MOVE FORWARD WITH THAT MR. MARK, UNDERSTAND THAT THE BOARD HAVE DECIDED NOT TO CONSIDER THE RECONSIDERATION MOTION.

[00:05:02]

CORRECT. AND MR. MACK, IF I MAY, I'M TOM TAYLOR ON BEHALF OF THE WIRES.

I'D JUST LIKE TO ASK FOR THE RECORD I HAD ISSUED A LETTER OF AUGUST 18 TO YOU AND TO MR. MITCHELL CONCERNING THE VOTE AND I'D JUST LIKE TO KNOW IF THERE IS A RESPONSE FROM THE BOARD CONCERNING THE TIE VOTE AND THE LETTER IF YOU ALL HAVE CONSIDERED IT OR.

WELL, I'LL BE GETTING SOMETHING ABOUT IT LATER. YOU WILL BE GETTING SOMETHING ABOUT IT LATER. LATER. I UNDERSTAND.

YES, SIR. THANK YOU, MR. MAKING MR. DE YOU ME.

DANNY CROW ON BEHALF OF PLANNING DIRECTOR THE PLANNING DIRECTOR TO BRING FINALITY TO THIS WOULD RESPECTFULLY REQUEST A MOTION TO DENY THE PETITION FOR RECONSIDERATION UNDER ARTICLE 8 SECTION C TO THAT MOTION TO DENY THE PETITION FOR RECONSIDERATION CAN BE MADE BY ANY MEMBER. THE EFFECT ACCORDING TO THE RULES IS THAT NOW IS THAT THE VOTE IS CONSIDERED THE BOARD'S FINAL ACTION ON THE MATTER.

SO WE WOULD RESPECTFULLY REQUEST A MOTION TO DENY THE PETITION FOR RECONSIDERATION.

IS THAT A MUST? TO THE MOTION TO DENY? WELL, MY VIEW WOULD BE THAT WE

WERE A LITTLE BIT OF A STALEMATE WITHOUT IT. >> SO I THINK IN TERMS OF PROCEDURE IT WOULD BE PREFERABLE AT LEAST TO THE PLANNING DIRECTOR THAT WE MAKE A MOTION TO DENY THE PETITION FOR RECONSIDERATION REVERSAL TO THE A LOT OF THINGS WE DON'T DO WITH MOST WONDER IF SOMEBODY WANTS TO DO IT WHICH MEANS IT STILL WORKS THAT THE.

WHAT'S WOULD ANY OF THE BOARD MEMBERS LIKE TO DO A MOTION TO DENY THE PETITION? REVERSED. CHAIRMAN A MOTION THAT WE DENY THE RECONSIDERATION FOR THE PETITION SPOKE IN SO MOTION IS ON THE FLOOR TO DENY THE RECONSIDERATION OF THE PETITION AND I WOULD LIKE TO SECOND THAT MOTION A SECOND IN MOTION BEEN MADE A SECOND ALL IN FAVOR OF DENYING A PETITION RECONSIDERATION SIGNIFY BY RAISING YOUR RIGHT HAND TO

FORCE MAJORITY VOTE. >> THANK YOU SIR. THAT MOTION CARRIES.

[8. Mr. &. Mrs. James Rock are requesting a Reconsideration pertaining to the ZBOA’s decision for the Special Use Permit request at the last meeting.]

THANK YOU SIR. SO WE MOVE TO ITEM NO PUBLIC COME TO WHEREVER THE ITEM TO MEET MR. AND MRS. JAMES ROCK REQUESTING A RECONSIDERATION AS WELL.

I THINK EVERYONE KIND OF VOTED SO ANYONE IF IT IS THE PLEASURE OF THIS BOARD THAT SOMEONE WANT TO PUT A MOTION TO RECONSIDER WHICH IS THE ITEM FORWARD ESPECIALLY PERMIT I BELIEVE THIS IS ON RATINGS POINT FOR THE FISH CAMP AND I THINK IT WAS AN ANIMAL VOTE THAT YOU KNOW, EVERYONE VOTED AGAINST THE FISH CAMP. WELL, WE DID WE WILL MAKE NOTE THAT MR. MITCHELL WAS NOT HERE BUT ALL OF THE MEMBERS THAT WAS THAT'S HERE TONIGHT VOTED IN.

I'LL GETS THE FISH CAMP DO ANY ONE ON THIS BOARD. ONE OF THE MEMBERS WOULD LIKE TO DO A RECONSIDERATION FOR THIS AND IF NOT, THEN WE MOVE FORWARD ON THAT.

THAT WAS HERE ON LAST WEEK. NO ONE WOULD LIKE TO LOOK RECONSIDERATION THAT'S CLOSED.

NO, I JUST WANT TO MAKE SURE IT WAS NO PUBLIC COMMENT. COULD I GET A VOTE THAT THERE IS NO RECONSIDERATION FOR THIS? I LIKE TO PUT A MOTION ON THE FLOOR.

FOR NOW RECONSIDERATION AND CHAIRMAN. HE DO NOT RECONSIDER.

THIS MOTION ON THE FLOOR TO NOT RECONSIDER ESPECIALLY USED PERMIT ANYONE LIKE THE SECOND THAT SECOND SORT OF MOTION ON THE FLOOR HAS BEEN PROPERLY MADE A SECOND ALL IN FAVOR OF A RECONSIDERATION OF ITEM NUMBER ESPECIALLY USED FOR ITEM NUMBER EIGHT SIGNIFY BY RAISING YOUR HAND SO THAT MOTION CARRIES. THAT'S BEEN DENIED FOR RECONSIDERATION.

ITEM NUMBER 10 HAS BEEN WITHDRAWN FROM THE AGENDA SO WE WILL.

ITEM NUMBER 10 AND ITEM NUMBER LEVEL WILL BE REMOVED FROM THE AGENDA ITEM NUMBER 12.

MISS MR. NEW TURNER IS REQUESTING THIS ADMINISTRATIVE APPEAL TO THE DECISION OF THE ZONING ADMINISTRATOR TO REVOKE A ZONING PERMIT AT THE TURN OF MARINE PROPERTY.

[00:10:04]

MR. TOM TAYLOR. THAT'LL BE YOU AGAIN. IT WOULD BE MR. CHAIRMAN, MEMBERS OF THE BOARD. GOOD AFTERNOON. EVENING.

THANK YOU FOR HEARING ME. IT IS MY PLEASURE TODAY TO BE HERE ON BEHALF OF NEIL TURNER AND TURNER'S MARINA. WOULD YOU STAND PLEASE? THIS IS NEIL TURNER WHO OWNS TURNER'S MARINA TURNER'S MARINA OPERATES THE HILTON HEAD. HA! I'M SORRY. THANK YOU. TURNER'S MARINA IS THE OPERATING ENTITY OF THE HILTON HEAD HARBOR MARINA WHICH IS LOCATED ON THE NORTH END OF HILTON HEAD AND IS IN COMBINATION WITH THE RV RESORT CAMPGROUND THAT IS LOCATED JUST ADJACENT TO THE RV RESORT AND THE MARINA WERE ORIGINALLY DEVELOPED IN 1981 AND THEN THE PORTION OF THE CAMPGROUND WAS CONVEYED OVER TO THE PROPERTY OWNERS ASSOCIATION OR IN THAT INSTANCE ACTUALLY IT'S A CONDOMINIUM SIZED ASSOCIATION AND THE MARINA WHICH IS APPROXIMATELY TWO ACRES WITH DOCKS WAS CONVEYED TO AN ORIGINAL SUCCESSOR TO THE DECLARED NAMED BILLY BOB'S. AND IN 2017 TURNER'S MARINA BOUGHT THE MARINA.

THE KEY ASPECT THAT WE'RE HERE ABOUT TODAY IS A REQUEST THAT WAS GRANTED TO MR. TURNER TO ALLOW HIM TO INSTALL GATES UPON THE ENTRANCE TO TURNER'S MARINA OR HILTON HEAD HARBOR IN ORDER TO SECURE THE MARINA A LITTLE BIT BETTER. WE'VE HAD A LOT OF PROBLEMS OVER THE LAST TWO YEARS WITH THEFT AND HE HAS HAD THE UNFORTUNATE INCIDENT OF HAVING TO FIRST HIRE SECURITY GUARDS. NOW WE BELIEVE THAT A GATE WOULD BE THE BEST THING TO HAVE THERE. THIS IS AT THE ACCESS POINT AT THE END OF JENKINS ROAD.

IF ANY OF Y'ALL ARE FAMILIAR WITH IT AND YOU DO HAVE A COPY OF THE PHOTOGRAPH IN THERE, MISS AUSTEN ORIGINALLY GRANTED THE PETITION FOR A GATE ON MAY THE 21ST AND THEN ON JUNE 20 9TH REVOKED THAT ZONING PERMIT FOR THE INSTALLATION OF THE GATES FOR YOURS PURPOSE.

I THINK THE MOST IMPORTANT THING TO UNDERSTAND IS THAT THERE IS NO DISPUTE BETWEEN ANYBODY. THE ADMINISTRATION WAS THAT THIS IS PRIVATE PROPERTY THAT TURNER'S MARINA OWNS THIS PROPERTY AND THAT THE RV RESORT OWNERS HAVE A VALID AND PLANTED THESE ARE NOT PLANTED BUT A VALID AND RECORDED EASEMENT OVER IT.

AND MR. TURNER HAS BEEN VERY CLEAR EVERY TIME HE'S DEALT WITH MISS AUSTEN AND THERE ARE WRITTEN RECORDS THAT ARE IN FRONT OF Y'ALL THAT HAVE INDICATED THAT EVERYONE WHO HAS THE RIGHT TO USE THAT EASEMENT WILL BE GIVEN ACCESS THROUGH THE GATE EITHER.

THE PUSH BUTTON TRANSMIT OR A GATE KEY CODE , SOMETHING LIKE THAT.

THERE IS NOT A SINGLE INDIVIDUAL WHO HAS LEGAL ACCESS TO COME THROUGH IT WHO WILL NOT BE ALLOWED PASSAGE THROUGH THE GATE. THIS INCLUDES ALESSI OF THE ASSOCIATION WHICH OPERATES RESTAURANT AND THE GATE. EXCUSE ME BEHIND WHERE THE GATE WOULD BE. SO IN ESSENCE ALL WE HAVE THAT'S GONNA BE DIFFERENT IS A GATE THAT WILL BE THERE TO SECURE THE PROPERTY. AT TIMES WHEN IT NEEDS TO BE SECURED AND OTHER TIMES ANYBODY WILL BE ABLE TO COME THROUGH IT.

NOW OUR ARGUMENT IS BASICALLY FAIRLY SIMPLE BECAUSE I WORKED WITH MISS AUSTEN FOREVER AND I KNOW THAT SHE'S VERY GOOD AT WHAT SHE DOES. SHE HAS ORIGINALLY APPROVED THE GATE LOOKING AT THE STANDARDS THAT SHE SHOULD HAVE WHICH WERE ARE ALL THE APPLICABLE STANDARDS AND THE CDC MET FOR ARE THE CONDITIONS OF PERMANENCE OR DEVELOPMENT APPROVALS APPROVED ONTO THIS DEVELOPMENT CODE . THEY WERE ARE ALL REQUIRED PERMITS FOR ACCESS, POTABLE WATER AND SEWER GRANTED. THEY WORKED INCLUDING THE FIRE DEPARTMENT'S ACCESS BECAUSE THERE WAS A MASTER FIRE KEITH GILBERT AND ALL OTHER APPLICABLE STANDARDS CODE OF ORDINANCES REMIT. THAT'S WHY THE PERMIT WAS ORIGINALLY ISSUED ON MAY 21ST. WHAT APPARENTLY OCCURRED AFTERWARDS? ACCORDING TO THE DOCUMENTATION THAT WE RECEIVED IS THAT THERE WERE SOME COMPLAINTS BY A LOT OWNERS WITHIN THE RV RESORT WHO SAID THEY SIMPLY DIDN'T GET AND MISS AUSTEN ACTING ON THOSE COMPLAINTS FOR SOME REASON PULL THE PERMIT. NOTWITHSTANDING THE FACT THAT NOBODY HAS HAD ANY PROBLEM WITH GETTING ACCESS AND EVERYBODY HAS BEEN PROMISED ACCESS.

WE ARE OF THE OPINION THAT SOMEONE SHOULD NOT BE ABLE BY THEIR INFLUENCE SIMPLY TO BE THE LAST PERSON CALL ON A COUNTY EMPLOYEE INSISTING UPON SOMETHING THAT THEY DON'T LIKE WHEN IT IS LEGAL AND APPROPRIATE TO HAVE IT THERE. AND SO WE ARE HERE TODAY ASKING THIS ZONING BOARD OF APPEALS TO REVIEW THIS ADMINISTRATIVE DECISION TO OVERTURN IT BECAUSE THERE IS ABSOLUTELY NO REASON WHY THE PERMIT SHOULD HAVE BEEN PULLED.

I BELIEVE MISS ALSTON WILL TELL YOU BECAUSE SHE TESTIFIED IN COURT LAST WEEK AND A RELATED CASE THAT SHE FORGOT THAT THE RV RESORT DID NOT HAVE A SECONDARY ENTRANCE AND THAT ALL OF THE RV LOT OWNERS WOULD HAVE TO COME THROUGH THIS ENTRANCE. I DON'T DOUBT HER WHEN SHE TELLS ME THAT BECAUSE SHE HAS A LOT OF THINGS GOING BUT THAT DOES NOT EXPLAIN WHY YOU SHOULD PULL THE PERMIT WHEN EVERYBODY WAS GOING TO HAVE LEGAL ACCESS TO IT.

[00:15:03]

AND AGAIN I TELL YOU AND I DON'T THINK MISS OFTEN WILL TELL YOU DIFFERENTLY MR. TURNER HAS WORKED IN GOOD FAITH AS HARD AS HE CAN TO GET EVERYTHING THAT THE COUNTY DESIRED ABOUT THIS INCLUDING ACCESS TO EACH INDIVIDUAL WHO HAS THE LEGAL RIGHT TO BE THERE AND WE ASK THE BOARD TO CONSIDER WHAT MS. AUSTIN HAS TO SAY ABOUT WHY THE DECISION WAS MADE AND THEN REVERSE IT BECAUSE THIS IS THAT APPEAL BOARD THAT CAN DO THAT.

WHEN A COUNTY PERSON DECIDES FOR WHATEVER REASON PERSONAL OR OTHERWISE THAT THEY'VE DECIDED THEY WANT TO MAKE A CHANGE, IT'S JUST NOT RIGHT. THE STANDARDS WERE MET.

THE PERMIT SHOULD BE GRANTED AND MR. TURNER SHOULD BE ABLE TO PROJECTS LIKE FOR YOU SAID.

YES, SIR. DO ANYONE HAVE ANY QUESTIONS FOR MR. TOM DELAY? YES. THAT ONE. WELL, WHAT ABOUT ACCESS TO THAT RESTAURANT? MR. SIMS, MR. TURNER ALSO ASSURED MISS ALSTON THAT A GATE CODE WOULD BE GIVEN TO THE RESTAURANT OWNERS AND THEY COULD GIVE IT TO ANY OF THE PEOPLE WHO WANT TO COME IN IF THEY WANT TO HAVE EITHER AT, YOU KNOW, ACCESS FOR IT.

POSTED AND THEY HAVE THE CODE UP THERE. WE REALIZE AS ANYBODY WHO'S SMART ENOUGH BEHIND GATE WHERE THERE'S ACCESS CODE . YEAH, THEY'LL GET OUT.

BUT THE PURPOSE OF THE GATE IS TO HOPEFULLY FEND OFF SOME OF THE PEOPLE LATE AT NIGHT WHO MAY NOT WANT IT, WHO MAY NOT KNOW IT BUT WE WILL DO ANYTHING THAT IS NECESSARY IN ORDER TO PROVIDE THE CODE SO THAT THE RESTAURANT PEOPLE CAN GET THE ACCESS THAT THEY NEED.

AND MR. TURNER HAS BEEN VERY CLEAR ABOUT THE ONE MORE QUESTION.

>> YES, SIR. WITH CAMERAS SATISFY THE REQUIREMENT THAT PREVENTION IF YOU JUST STRICTLY PUT CAMERAS UP INSTEAD GATE SO YOU COULD RECORD WHO'S COMING IN AND OUT OF THAT ARENA. MR. JAMES? I THINK THAT'S A GREAT QUESTION AND IT'S ONE THAT I WOULD HAVE TO DEFER TO TO MR. TURNER AND I LIKE TO PUT HIM ON THE SPOT ROTTEN OUT AND SAY IT. BUT OBVIOUSLY IT'S SOMETHING THAT HE COULD THINK ABOUT AND DEPENDING ON WHAT THIS BOARD DECIDES AND WHETHER OR NOT WE APPEAL TO THE CIRCUIT COURT, WE WOULD UNDERSTAND THAT. BUT MR. TURNER REALLY SEES THIS AS A PRIVATE PROPERTY.

RIGHT. AND AGAIN, NO ONE ELSE OWNS ANY OF THIS PROPERTY.

THIS IS PRIVATE PROPERTY WITH AN EASEMENT OVER IT THAT NOBODY QUESTIONS IS BEING HONORED.

THERE'S NOT ONE PERSON WHO SAYS THEY'RE NOT HAVING ACCESS. WHAT IT REALLY BOILS DOWN TO IS THAT INCONVENIENT FOR SOMEONE TO STOP AND PUT IN A GATE CODE TO ENTER SOMEONE ELSE'S PRIVATE PROPERTY. AND I UNDERSTAND THAT'S NOT ALWAYS WHAT PEOPLE WANT TO DO.

BUT THE LAW IN SOUTH CAROLINA AND I BELIEVE I PROVIDED YOU CITATION TO IT CERTAINLY IS

THAT YOU DO HAVE THE LEGAL RIGHT. >> OBVIOUSLY IT IS NOT GOING TO BE A HUMAN GATE. THERE IS NOT ONE OF THOSE KEYPAD GATE.

HOW WOULD IT WORK IF IF I WERE TO KNOW JUST ARBITRARILY DECIDE IT TONIGHT LET'S GO OUT TO DINNER. HOW WOULD ACCESS THEN DO THAT GATE TO GET TO THAT RESTAURANT ACCESS REST OR HOW WOULD THAT WORK? MR. BLACK, IF YOU CAME IN DURING THE REGULAR BUSINESS HOURS THERE WILL ACTUALLY BE A PERSON ON THE OTHER END OF THE

BUZZER. >> IF SOMEONE JUST PUSHED THE GATE CODE ALMOST LIKE AN APARTMENT IN NEW YORK THERE IS SOMEONE AT TURNER'S MARINA DURING THE REGULAR BUSINESS HOURS OF THE DAY AFTER THAT. MR. TURNER BASICALLY HAS SAID THAT IF IT MEANS GETTING THE GATES AND IF THIS BOARD WANTED IT HE WOULD BE WILLING TO SIMPLY WHEN THERE WERE NOT EMPLOYEES THERE TO ANSWER THE BUZZ HE WOULD BE WILLING TO RAISE THE GATES EVEN THOUGH THAT SOMEWHAT DEFEATS THE PURPOSE LATE AT NIGHT. STILL THE FACT THAT THERE ARE GATES THERE HOPEFULLY WILL SERVE SOME DETERRENT PURPOSE DURING THE DAY.

BUT IF THIS BOARD WHICH IT HAS THE AUTHORITY TO DO VOTED TO AUTHORIZE IT AND SAID THAT THE GATES MUST BE RAISED WHEN THERE IS NOT A PERSON AVAILABLE AT A BUZZER IN ORDER TO ACCESS IT,

HE'D BE WILLING TO DO THAT. >> DID YOU SAY EARLY IN YOUR PRESENTATION THAT THAT THE GATE IS TO PROTECT THE MARINA I GUESS WITH A RAMP? IS THAT THE BOAT?

YES. >> OR THE MARINA? THERE ARE A NUMBER OF PRIVATE BOAT SLIPS THERE AND WE'VE HAD A LOT OF THEFT FROM THE BOATS. AFTER DARK AT NIGHT IT'S JUST KIND OF A PROBLEM THING IT SEEMS LIKE THESE DAYS. OF COURSE THE RV RESORT WOULD BENEFIT WE BELIEVE FOR THE SECURITY ALSO. BUT IT'S NOT BEING PAID FOR BY MR. TURNER JUST TO HELP THE RV RESORT. BUT IT CERTAINLY WOULD BE A UNINTENDED BENEFICIARY I BELIEVE WOULD BE OKATIE CERTAIN HOURS HAVING TO OPEN FOR THE RESTAURANT PURPOSES LIKE FROM CERTAIN HOURS A NIGHT WHERE THEIR CUSTOMERS CAN COME IN

AFTER THERE'S NOT QUESTIONS UP. >> YES, WE WOULD. YES.

USA SAY THEY'D THEY QUIT TAKING DINERS AT 930. THEN YOU CAN CLOSE THE GATES AFTER THAT. YOU KNOW THAT'S WHAT I WOULD THINK WOULD BE REASONABLE WORK FINE WITH US. I AGREE MR. MUCH THING THAT BE A REASONABLE PROVISION THAT YOU

ALL COULD PUT IN ANYTHING THAT YOU VOTED ON? >> I HAVE ANOTHER QUESTION BUT I HOLD IT UNTIL AFTER WE HEAR FROM THE COUNTY COURT FOR MR. DAVID.

[00:20:03]

THANK YOU, MR.. GUS HERE FROM THE COUNTY, GERALD MACK, THANK GARBAGE FOR THE COUNTY NOT TO GO TOO MUCH INTO THE ACTUAL REASONS OR THE BASIS FOR THE.

THE APPROVAL OR THE DISAPPROVAL OR WHETHER OR NOT THERE SHOULD BE GATES ON THIS PROPERTY.

AS WE SAID WITH THIS APPEAL IT'S MORE OF A PROCEDURAL ISSUE .

BACK WHEN THIS STARTED, MR. TURNER MET WITH MISS ALSTON PROVIDED HER WITH THE COUNTY TAX MAP PRETTY ZOOMED IN SO YOU COULDN'T REALLY TELL A WHOLE LOT ABOUT THOSE PROPERTIES, HOW THEY'RE SITUATED. I KNOW YOU HAD YOUR MAP. YOU HAVE JENKINS ROAD GOING UP THERE TO I GUESS IT'S THE EAST OF THOSE PROPERTIES AND MR. TURNER'S PROPERTY IS THERE IN THE MIDDLE AND THE PROPERTIES OWNED BY THE OTHER PROPERTY OWNER IT'S JUST ONE PROPERTY OWNER ARE ON EITHER SIDE. SO THERE'S THE RESTAURANT PROPERTY AND THE RV PARK PROPERTY AND THEY'RE OWNED BY THE SAME ONE. MR. TURNER HAS AN EASEMENT OVER THOSE PROPERTY OR THEY HAVEN'T EASEMENT OVER MR. TURNER'S PROPERTY DURING THE MEETINGS WITH MR. TURNER, IT WAS MISS ALSTON'S UNDERSTANDING THAT THERE WERE OTHER ACCESS TO BOTH THE RESTAURANT AND TO THE RV PARK PROPERTY. SO AS PRESENTED TO HER IT WAS OUR UNDERSTANDING THAT THE PLACEMENT OF THE GATES AND AS YOU CAN SEE SHE CHANGED WHERE THE GATES COULD BE. SHE MARKED OUT SHOWING THAT THE GATES COULDN'T PREVENT ACCESS FROM THE RV PARK OVER TO THE RESTAURANT. SO SHE WAS JUST TRYING TO MAKE SURE THAT THE GATES JUST KEPT PEOPLE FROM COMING ON THAT MIDDLE PART.

THAT WAS MR. TURNER'S PROPERTY. SO THAT PERMIT WAS ISSUED WITH THAT BEING MISS ALSO UNDERSTOOD . AND SECTION SEVEN POINT FOUR POINT THIRTY BE OF THE COMMUNITY DEVELOPMENT CODE DOES SAY THAT THE APPLICANT BEARS THE BURDEN OF ENSURING THAT THE APPLICATION CONTAINS SUFFICIENT INFORMATION TO DEMONSTRATE COMPLIANCE WITH APPLICABLE STANDARDS. SO BASED ON THAT BASED ON MISS ALSTON BELIEVING THAT SHE HAD ALL THAT SHE NEEDED IN FRONT OF HER AND THAT FORCED THE RV PARK AND THE RESTAURANT WE'RE GOING TO HAVE FULL ACCESS TO THE GATES AS SHE APPROVED THEM WEREN'T GOING TO IMPEDE ACCESS IN ANY WAY SHE ISSUED THE PERMIT. AND I THINK THE WORDING OF THE PERMIT UNDERLINES THAT SAYS UNDER NO CIRCUMSTANCES WILL THEY BE PLACED IN A MANNER THAT PREVENTS THE OWNERS OF A PARTIAL THREE OF SIX ACCESS TO THEIR PROPERTY.

SO SHE'S SAYING NOT THAT THERE'S JUST SOME LIMITED ACCESS OR THEY MIGHT HAVE A GATE CODE OR SOMETHING LIKE THAT. SHE'S SAYING UNDER NO CIRCUMSTANCES ARE THESE TO PREVENT ANY KIND OF ACCESS TO THE PROPERTY.

AND ANY VIOLATION OF THAT IS GOING TO CAUSE THEM TO BE RESCINDED.

SHE LATER WAS CONTACTED BY MISS PATTERSON WHO REPRESENTS THE OTHER OWNERS OUT THERE AND WAS MADE AWARE THAT THERE WEREN'T OTHER ACCESS TO THE RESTAURANT AND TO THE RV PARK.

AND AFTER SPEAKING TO HIM AND REVIEWING SOME EVIDENCE THAT FOUND THAT THERE ACTUALLY WERE NO OTHER ACCESS IS SHE DETERMINED THAT THERE HAD BEEN SOME IF NOT A MISREPRESENTATION AT LEAST A NOT FULL TELLING OF THE STORY AND THAT BECAUSE OF THAT HER PERMIT HAD BEEN ISSUED AN ERROR SINCE THE PERMIT HAVE BEEN ISSUED AN ERROR, SHE SAID.

>> MR. TURNER, A LETTER REVOKING THE PERMIT AND SHE DOES HAVE THE ABILITY TO DO THAT. I BELIEVE IT'S SECTION NINE POINT FIVE POINT TWENTY BE OF THE COMMUNITY DEVELOPMENT CODE ALLOWS THE COUNTY TO CORRECT STOP A BAIT OR ENJOYING A VIOLATION OF THE CDC BY PERMIT REVOCATION AND ALLOWS PERMIT REVOCATION WHAT FORM IT WAS PRODUCED ABOUT FALSE REPRESENTATIONS OR WAS ISSUED AN ERROR WHICH IS WHAT WE'VE GOT GOING ON HERE. I'D BE HAPPY TO MISS. ALSO WE'D BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD WOULD HAVE OR JUST FURTHER CONFIRM ANYTHING OR CORRECT ANYTHING I MISSED IT MORE THAN LIKE YEAR FROM PARK TO ANYONE ON THE BOARD HAVE ANY.

[00:25:05]

COURSE WE'LL MASSIVELY OVER THE COUNTY INTERVENING BETWEEN THE GOVERNMENT GRANT WHICH WAS GRANTED WHEN IT WAS RESCINDED AND SO WE'VE GOT A LONG PROCESS WITH A PERMIT WAS GRANTED.

>> GOD MAY 21ST. AND THEN IT WAS RESCINDED ON JUNE 20.

THAT'S GOING TO BE CORRECT. ALL RIGHT. AND I THINK BECAUSE THERE WAS IT WAS MISSED ALL SINS UNDERSTANDING THAT THERE WAS GOING TO BE NO EFFECT ON THE SURROUNDING PROPERTIES, THERE WASN'T ANY NOTICE. THERE WAS NO POSTING ON THE PROPERTY THERE. SO I BELIEVE THAT'S WHEN THESE PROPERTY OWNERS BECAME AWARE OF IT. AND THE QUESTION WAS PUT WERE THE GATES INSTALLED? NO, OF COURSE THIS THANK YOU. I HAVE A QUESTION FOR MR. TATE. AND THIS TIME I HAVE A QUESTION FROM THE COURT, PLEASE. I I'M SHOCKED THAT THERE HAS BEEN ACCUSATION THAT MR. TURNER MISREPRESENTED ANYTHING. AND I'D LIKE TO ASK MISS ALSTON TO COME FORWARD AND ALLOW ME TO QUESTION HER BECAUSE I HAVE NOW HEARD THREE DIFFERENT STORIES AS TO WHY THIS OCCURRED.

THERE IS A LETTER DATED JUNE 29 SAYS THAT SHE SAID THAT SHE TOOK THIS ACTION BECAUSE IT HAS BEEN MADE CLEAR TO ME THAT THE GATES WOULD IN FACT BLOCK ACCESS TO THE ADJACENT RV PARK AND PROPERTY. SHE TESTIFIED UNDER OATH 10 DAYS AGO THAT SHE SIMPLY FORGOT ABOUT THAT. THAT SHE DID KNOW ABOUT IT. BUT I HAVE NEVER HAD TO ANSWER IT UNTIL I HAVE NEVER UNTIL THIS EVENING HEARD THAT THERE WAS AN ACCUSATION THAT TURNER MADE A MISREPRESENTATION TO HER. IT'S OWN PUBLIC FEED AND I REQUEST THAT MISS ALSTON BE SWORN IN SO THAT I CAN ASK EXACTLY WHAT THE

MISREPRESENTATION WAS THAT ALLEGEDLY MADE ME SQUARE. >> BUT I DON'T THINK THAT WOULD BE THE ROUTE TO TAKE. BETSY ROSS I MEAN I DO I DON'T WANT TO BRING HER UP TO BE

SWORN IN. >> MAY I HAVE THAT POWER TO DO SO? TO UNDERSTAND, SIR, MAY I ASK MY CLIENT ONE QUESTION AND THAT IS DID HE MAKE ANY MISREPRESENTATIONS TO MISS ALSTON IN ORDER TO SECURE THIS PERMIT? BECAUSE I'D LIKE FOR IT TO BE ON THE RECORD. YOU CAN TEXT YOUR CLIENT, MR. TURNER. WE'VE COME UP. CAN YOU STATE YOUR NAME FOR THE BOARD? GOOD EVENING. MY NAME IS NEAL TURNER.

YOU OWNED TURNER'S MARINA. I DO. NEAL, WHEN YOU MADE APPLICATION TO MISS ALSTON AND SHE ASKED ME QUESTIONS ABOUT THESE GAMES. DID YOU MAKE ANY TYPE OF MISREPRESENTATION AT ALL? NO. IT WAS NEVER MY INTENTION TO EVEN TRY. THAT'S ALL I HAVE TRYING TO DO. I MEAN STANDARD YOU B IS THAT RIGHT THERE? I MAY HAVE QUESTIONS ONCE I TALKED TO YOU.

IS THERE ANY OTHER ACCESS TO THIS RB SYSTEMATIC IT'S SUCH AN INTERESTING QUESTION.

THE LITERAL ANSWER IS NO. BUT THEY DO HAVE ACCESS TO JENKINS ROAD WHICH WE HAVE BEGGED THEM TO OPEN UP BUT WHICH THE RV ASSOCIATION HAS NOT YET DONE.

SO WE'RE HOPEFUL IN THE FUTURE THAT THEY DO THAT AS YOU COME DOWN JENKINS ROAD.

THEY HAVE WHAT'S BASICALLY A MAINTENANCE AREA UP THERE AND IT WOULD TAKE 50 FEET OF PAVING TO CONNECT THAT AND THEY'D HAVE THEIR OWN INTERESTS ARE OUT THERE.

BUT THERE'S NOT RIGHT NOW, SIR. OK. SO EARLY.

YES, I THINK YOU SAID THAT THE MAIN PURPOSE FOR THE GATE IS TO PROTECT THE MARINA.

YES. SO WHAT WOULD BE THE HARDSHIP IF YOU WERE TO JUST GO BACK TO YOUR GATE THAT WAY YOU COULD HAVE STILL HAVE ACCESS TO THE RESTAURANT, ACCESS TO THE RV AND YOU CAN STILL TAKE THOSE ARE DIRECTLY STRAIGHT AHEAD TO THE MARINA.

>> WHAT WOULD BE THE HARDSHIP TO YOUR CLIENT IF WE WERE TO TAKE THAT ROAD IF YOU GUYS WERE

TO TAKE THAT ROAD? >> ACTUALLY, MR. MACK, IF YOU LOOK AT THE PHOTOGRAPH OF THE MARINA WHEN YOU TALK ABOUT IT, IT IS IN VARIOUS DIFFERENT PARTS WHEN YOU COME THROUGH THE MAIN GATE YOU'RE ON THE MAIN I WISH WAS A GATE WHEN YOU COME IN THE MAIN ENTRANCE HERE ON THE MARINA PROPERTY IN FRONT OF YOU WOULD BE THE PRIVATE SLIPS TO THE RIGHT WOULD BE THE MAIN COMMERCIAL AREA. AND THEN THERE ARE A THERE IS A LESLIE KNOWN SEA MONKEYS WATER SPORTS RENTALS FOR THE RIDE. SO YOU COULDN'T GET ALL OF THAT OFF BY A SECONDARY GATE JUST NOT PHYSICALLY POSSIBLE. THE ONLY WAY TO CONTROL IT IS A FRONT ROW.

>> SO WE'RE SMOKEY. AGAIN, I'M ASSUMING WE ARE TALKING ABOUT THE INTEREST

[00:30:06]

WHERE THIS FLAG IS IN THE MIDDLE HERE. >> CAN YOU HOLD UP WHAT YOU'RE

LOOKING AT ALSO THAT GIVES. >> THAT'S NOT VERY CLEAR. JEREMY PATRICK SAY EXHIBIT TO LINE WHICH IS. YOU CAN SEE THE DAY THAT GET WOULD BE RIGHT HERE AT THE ON THE RIGHT HAND SIDE COMES OUT. AND THEN YOU COME IN TO SEE WHAT'S CHANGED YELLOW WHICH IS ALL TOWARDS MORENO POSSIBLY IF YOU TOOK A HARD MORE DOWN THE OTHER WAY.

THAT'S WHERE THE SEA MONKEYS WATERSPORTS OPERATES FROM. AND THERE ARE LEASED AREAS DOWN THERE TO THEM LEASE SLIPS FOR THE SPORTS AND THE JET SKIS AND THEN THE MAIN COMMERCIAL PIER IS DOWN THERE TO THE RIGHT. AND THEN YOU'LL SEE THE PRIVATE SLIPS ARE OUT THERE DIRECTLY IN FRONT OF THEM. SO IT WOULD NOT BE POSSIBLE TO GET OFF EACH OF THOSE AREAS.

THE ONLY REAL WAY TO DO THAT IS TO HAVE A MAIN GATE OUT THERE WHICH BASICALLY WHAT YOU SAW COMING OFF THE PROPERTY ITSELF . BUT IT SEEMS LIKE THAT YOU COULD HAVE A GATE GO AND TO THE DOCKS FOR THE BOAT SLIPS THAT WOULD PROTECT A BUILDING THERE IS ACTUALLY ONE THERE. YES, MA'AM. WHICH IS NOT OF COURSE, AS YOU KNOW MUCH RATHER UNCOMMON ON MORE MORENO'S LIKE THIS. THERE IS ONE THERE ON THE WALKWAY. YES IT IS. THEN THERE NO RAMP THERE LAUNCH . YES, SIR. DOES THAT COUNT ON YOUR OWN? NO, IT'S PRIVATE. THAT'S MR. JOHNSON, MR. TURNER'S PROPERTY.

IS THERE ANY MORE QUESTIONS FOR MR. TOM TAYLOR? NOT JUST WANTED TO DECLARE SORT OF ACCESS WHERE IS IT HERE? YES, SIR. OK.

ALL RIGHT. THANK YOU, MR. DO. THANK YOU.

I BELIEVE WE HAVE PUBLIC COMMENT FOR YOU KNOW NO PUBLIC COMMENT AT MONEY MATTERS.

AND THAT'S BAD. HELLO. HELLO, MR. MACK.

>> I OBJECT TO THIS. YOU HAVE AN ADMINISTRATIVE COME DOWN FOR THERE WILL BE NO PUBLIC COMMENT FOR THIS I ITEM NEAR CARRYING OUT OVERSIGHT. WE NEVER GOT THE NOTICE THAT THE CARRIER WOULD TO PUT A GATE UP. MR. CHAIRMAN EXCUSE ME, SIR.

THERE IS NO PUBLIC COMMENT. WE WE WE HAVE YOUR INFORMATION THAT YOU SUBMITTED.

SO THERE IS NO PUBLIC COMMENT FOR THIS IN MAY. WE WE WE HAVE WHAT YOU'VE SAID BEFORE THIS BOARD THAT WE DIDN'T HAVE A LOT OF MR. CHAIRMAN AGAIN EXCUSE ME, SIR,

WILL YOU PLEASE HAVE A SEAT? >> THANK YOU, SIR. JUST ON THAT, WOULD YOU SAY CUSTOMARY TO ALLOWING THE AGGRIEVED PARTY WHOSE YACHT INTEREST IS REPRESENTED BY COUNSEL HAVE TO SPEAK ON THEIR . SO IT WOULD BE APPROPRIATE FOR JUDGE TO SPEAK OUT AS FAR AS CHAIRMAN? THERE IS NOTHING WITHIN THE RULES OF PROCEDURE THAT ALLOW THAT AND I HAVE NOT SEEN THAT BEFORE AND MY VISIT TO HERE AND I THINK YOU HEARD MR. CROWE WHO HAS MORE EXPERTISE THAN EVERY LAWYER I KNOW PUT TOGETHER TALK ABOUT THIS. AND ANOTHER THING ABOUT HOW THIS IS AN ADMINISTRATIVE RECORD APPEAL AND THAT'S WHAT IT'S SUPPOSED I THINK AT THE END DAYS IS STILL AT THE DISCRETION BUT LITERALLY A WE DON'T HAVE. BUT YES, ALL RIGHT.

SO I UNDERSTAND THAT ON AN APPEAL THERE IS NO PUBLIC COMMENT.

HOWEVER, WE DO HAVE MR. PATTERSON RUSSELL PATTERSON'S INFORMATION THAT HE SUBMITTED BEFORE THE BOARD. AND I BELIEVE EVERYONE HAD THAT OPPORTUNITY TO REVIEW THAT.

AND I DON'T KNOW IF YOU HAVE ANYTHING ELSE TO SAY OUTSIDE OF WHAT HE SAID.

BUT I THINK IT WAS ENOUGH INFORMATION THAT THIS BOARD CAN MOVE FORWARD ON BECAUSE YOU KNOW, I DON'T WANT TO STOP PRESSES SETTING THE PRESIDENT OF HAVING SOMEONE SPEAK WHEN THERE IS WITNESS AND APPEAL AND IT IS JUST NOT IF I DO IT FOR ONE THEN I HAVE TO DO IT FOR SO

[00:35:13]

WITH THAT BEING SAID. BOARD MEMBERS, I'D LIKE TO MAKE A POINT THAT ON THE ACTUAL ZONING PERMIT. ITEM NUMBER TWO. UNDER NO CIRCUMSTANCES AND THESE ARE THE CONDITIONS OF PERMIT APPROVAL UNDER NO CIRCUMSTANCES GATE SHALL BE PLACED IN A MANNER THAT PREVENTS THE OWNERS OF PARTIAL 3 0 6 ACCESS TO THEIR PROPERTY.

AND I THINK THAT THE WHAT WE'VE HEARD AND WHAT HILLARY HAD DECIDED IS THAT THAT DOES PREVENT ACCESS BY HAVING GATES THERE. WELL, IF THEY CAN OPEN THE GATE THOUGH AND THEN GIVE THEM ACCESS. WELL, I THINK THERE'S A DIFFERENT CHALLENGE WHEN THERE'S A RESTAURANT THERE THAT THAT'S I THINK THAT'S A TRAP.

I MEAN I THINK THAT PREVENTS SOME PEOPLE THEY AGREED TO HAVE IT OPEN DURING THE RESTAURANT HOURS WITH THAT. I THINK THAT WOULD MAKE A DIFFERENCE.

KNOW MR. HOMESTEAD AND THE LAST THING THAT SHE'S THAT SHE'S BEEN.

I SAID YOU HAD AGREED TO HAVE IT OPEN LOWERING THE RESTAURANT HOURS.

YES, MA'AM. I JUST DIDN'T UNDERSTAND WHAT MUST I SAID THAT WOULD MAKE A DIFFERENCE? LIKE OTHERS DIDN'T HEAR THAT I'M SORT OF RINGING SO ANY OTHER BOARD MEMBERS HAVE ANY THING TO SAY TURNING THIS ADMINISTRATIVE APPEAL ON THIS APPLICATION? ONE OF THINGS JUST CONCERNED ME ABOUT HAVING A GATE.

AND I UNDERSTAND THAT, YOU KNOW, YOU CAN MAKE PROVISIONS YOU KNOW YOU CAN MAYBE SAY YOU HAVE THE GATE OPEN BUT IT JUST IS JUST I'M JUST HAVING A HARD TIME DIGESTING THE FACT THAT, YOU KNOW, IF THIS RESTAURANT SO WE WANT TO VISIT THIS RESTAURANT, EVEN VISIT SOMEONE AT THE RV PLACE IS JUST KIND OF . IT JUST DOESN'T SIT WELL WITH ME. I CAN UNDERSTAND PROTECTING THE REST OF YOUR PROPERTY BUT UP.

I'M NOT SURE ARE. I WISH THERE WAS ANOTHER PLACE THAT THIS GATE COULD BE PLACED TO SECURE RARE ANY ANY POINT BEYOND THE RESTAURANT AND THIS RV PLACE.

BUT I GUESS YOU WERE TELLING ME THERE IS NO OTHER LOCATION THAT THIS GATE COULD BE PLACED ON OUTSIDE OF BEING RIGHT AT THE FRONT. THAT'S CORRECT.

AND OF COURSE THE DEPARTMENT DOES PROVIDE THAT ANY VIOLATIONS OF IT WILL RESULT IN IT BEING RESCINDED AND THE GATES REMOVED. CERTAINLY THAT WAS THE OUT WHICH IF THERE WAS GOING TO BE A PROBLEM ALLOWED THE COUNTY TO AT FOR CALLS.

THIS WAS DONE IN ADVANCE BASED UPON COMPLAINTS WITHOUT ANY PROOF THAT THERE WAS EVER ANY DENIAL OF ACCESS IF THIS PERMIT WAS ISSUED AS WRITTEN AND THEN THIS BOARD WAS THIS THEN BECAME AWARE THAT SOMEONE HAD BEEN DENIED ACCESS TO THIS WHOLE WHOLLY WITHIN YOUR RIGHTS AS WISHING TO REVOKE THE PERMIT AT THAT POINT IN TIME. WELL, LADIES GENTLEMEN, WE HAVE HEARD THE TESTIMONY AND FROM BOTH SIDE AND WE HAVE A LOT OF INFORMATION SITTING BEFORE

US. >> SO YOU KNOW, IT'S TO PLAY AS IF SOMEONE WOULD LIKE TO MAKE A MOTION AND WE CAN HAVE A DISCUSSION AND MOVE FORWARD ON THIS MATTER TO SEE WHAT ANYONE CAN MAKE A MOTION HYBRID. GENTLEMEN DOMINATING MOTION IF WE DENY THE APPEAL NOW IT CAN HAVE A DISCUSSION BY ONE SECOND OF SO WHEN YOU. SO YOU GOT A UPHOLD THE COUNTY'S DECISION AND THAT I MADE THE UPHOLD THE COUNTY'S DECISION.

YES. AND THAT IS SECONDED. SO THIS IS A MOTION ON THE FLOOR TO UPHOLD THE COUNTY'S DECISION THAT THEY ACTED COURIC MANNER TO TO PULL THE PERMIT AND THAT IT'S BEEN MADE AND IT'S BEEN PROPERLY MADE A SECOND.

[00:40:02]

>> SO ALL IN FAVOR OF UPHOLDING AND DENYING THE ADMINISTRATION YOU WANT TO DISCUSS IT FURTHER DISCUSSION? WELL, YEAH, WE CAN HAVE A DISCUSSION.

SO THERE'S BEEN IT'S BEEN PROBABLY MADE IN SECOND NOW AND THEN POSSIBLY YOU CAN MAKE A POINT. BUT I'M LOOKING AT THIS AS YOU KNOW THE ACTUAL EASEMENT INTO THE PROPERTY. IT'S RIGHT YOU KNOW, TO PROVIDE ACCESS VERSUS SUFFICIENT FOR MOTOR VEHICLE TRAFFIC. I DON'T KNOW IF THAT'S DOABLE WITH GATES WITH THE TYPE OF RESOURCES ARE IN THERE BUT I THINK THAT UPHOLDING THAT EASEMENT ACCESS IS THE MOST IMPORTANT AND IT'S EVERYONE'S RIGHTS. BUT I DO I ALSO SEE THAT THEY NEED TO BE ABLE TO SECURE THEIR PROPERTY BUT THERE IS ACCESS EASEMENT IF I WAS A RESTAURANT OWNER I WOULD NOT WANT KIDS GOING INTO MY RESTAURANT. I THINK THERE'S WAYS AROUND IT.

I'M NOT SURE BESIDES WHAT MR. PATTERSON'S PUT TOGETHER THAT THE RV, THE HOURS OF THE RV OR CAR OR THEIR ACCESS REQUIREMENTS I HAVEN'T GOTTEN MY HEAD WRAPPED AROUND THAT YET BUT I DO KNOW THAT THE TO THE RESTAURANT IN THE RV PARK THEY COULD CHANGE USES.

SO WE WANT TO MAKE SURE THAT NO MATTER WHAT THE USE IS THAT THEY'RE STILL CAN GAIN ACCESS IF THAT CHANGED MR. MITCHELL'S ARGUMENT THAT COULDN'T CHANGE USES OR THIS IS A CARBONATED PIECE PROPERTY AND IT IS A CAMP GROUND AND THESE THE RESTAURANT WAS ACTUALLY ON COMMON AREAS

OWNED BY THE ASSOCIATION. >> SO IT MIGHT CHANGE LESSEES AT SOME POINT BUT IT WOULDN'T BECOME A HARLEY SHOP. IT WOULDN'T BE THAT'S WHERE MY THAT'S FROM.

WE'RE JUST DENYING IT. THE OTHER THING THAT SEEMED LIKE THE EASEMENT SAID IF I'M

READING CORRECTLY IS THAT IT DOESN'T HAVE TO BE THERE. >> THEY JUST HAVE TO PROVIDE THE EASEMENT SO THAT THERE IS OPPORTUNITIES THAT THE ANOTHER EASEMENT COULD BE GIVEN LIKE WHAT MR. TAYLOR WAS SAYING FOR THE OTHER INTERESTS OFF OF JENKINS DRIVE.

YES. ONCE IT GOT OFF TO FROM MR. PARK TO IS THAT WE COULD CONTINUE THIS APPEAL UNTIL JUDGE DUKES ISSUES OR ON THE GATE ISSUE.

THIS IS AN EXCELLENT QUESTION. THIS IS WHAT WAS GOING ON THE TESTIMONY THAT YOU WERE KEPT REFERENCING 10 DAYS AGO. MR. MACK, WHEN YOU ARE IN THE EIGHTH DAY OF WHAT IS KNOWN AS A DECLARATORY JUDGMENT ACTION TRIAL INITIATED BY TURNER'S MARINA FOR AN INTERPRETATION AND DECLARATION AS TO WHAT THE COVENANTS SAY AND HOW THEY GOVERN THE LAND.

IT INVOLVES A NUMBER OF DIFFERENT ISSUES. IT INVOLVES THE EASEMENT ONLY TANGENTIALLY AND THAT IS SIMPLY A DECLARATION. THE EASEMENT IS THERE.

THERE IS NOTHING WITHIN THE DECLARATORY JUDGMENT ACTION ABOUT GATES WHATSOEVER AND I DON'T THINK JUDGE DUKES WILL PROBABLY HIS RULING WILL PROBABLY HAVE ANYTHING TO DO WITH GATES FEEL THAT WAY. I THINK THE ONLY WAY WE WOULD GET JUDGE LEWIS'S INPUT WOULD BE TO APPEAL A NEGATIVE RESULT FROM THIS CBOE WHICH WE COULD OF COURSE DO UNDER THE STATUTES. SO HE'S CLAIMING THAT YOU KNOW WHAT I MEAN? ANYTHING THAT I COULD EXPLAIN THAT. SO NOW.

YOU ARE I MEAN EXPLAIN WHY AND FEHRENBACH IF ONE WAY TO DO THAT MIGHT BE IF THE BOARD IS HEARING FROM THE PARTIES FURTHER CAN NOT BE JUST COLUMNIST PATTERSON SUBSIDIES AND THOSE PROCEEDINGS AND HE MIGHT JUST BE ABLE TO TELL US AS A WITNESS FOR THE.

WHAT'S GOING ON. HE'S NOT A LITIGANT IN THOSE PROCEEDINGS AND HIS CLIENT IS NOT A LITIGANT IN THOSE PROCEEDINGS. THE JUDGE DO HAVE SOME UNDER CONSIDERATION. THERE ARE THREE LAWSUITS FROM MR. TURNER AND ONE OF THOSE LAWSUITS OKATIE IF YOU LIKE, SPECIFICALLY GRAY. IT'S NOT IN THE TRIAL TALKED ABOUT THE CORRECT I THINK THAT WAS RIBAUT. WE HAVE SAID I'M BEARING A HUNDRED RESCISSION, WHICH IS TRUE. MR. CHAIRMAN, THAT'S THE BOARD'S DESIRE AND MR. MITCHELL UNDERSTANDS THAT WE WOULD PREFER THAT THE BOARD DO THAT RATHER THAN TURN THIS DOWN BECAUSE I THINK THAT WOULD MAKE IT CLEANER IF THE BOARD WAS OVER DECISION TO SAY THIS WILL BE STAYED UNTIL SUCH TIME AS THE LEASE CASE IS TRIED THEN THAT WOULD BE PREFERABLE TO TURNING IT DOWN AND HAVING US BE FORCED TO MAKE A SEPARATE

APPEAL THAT I DON'T LOVE THE FURRY THIS YEAR. >> SEEMS TO ME MIKE THIS IS

[00:45:01]

GOING TO BE CONTINGENT THERE'S OPEN CASES. I MEAN YOU'RE DEALING DIRECTLY WITH HOW WE'RE GOING BACK TO YOUR DECISION SO SO I'D BE MORE COMFORTABLE DEFERRING UNTIL UNTIL THOSE ARE FIXED. OR YOU'RE SAYING YOU'D BE MORE COMFORTABLE WITH DEFERRING MAKING A DECISION ON THIS UNTIL THE COURTS GET IT UP AND SEE IF THERE'S OPEN THAT'S DEVELOPED.

>> THERE'S THREE ON THIS AND THAT'S THE PLEASURE OF THE BOARD TO DEFER THIS UNTIL SUCH TIME THAT THE COURTS ARE JUDGE DUKES HAVE COMPLETED THE. BECAUSE OBVIOUSLY YOU GUYS HAVE A LOT GOING ON OVER THE COURTS RIGHT NOW IN THIS CASE. SO THERE MIGHT BE A WISE IDEA FOR HIS BOARD TO DEFER THIS UNTIL SUCH TIME TO THE MANAGERS .

SO I GUESS IT CAN CONSUME THE BEST THING TO DO JUST AS RESCIND THE WITHDRAW THE MOTION AND PUT A MOTION ON THE FLOOR TO IT'S ALL MOTION FOR DROP SECOND VISE VERSA.

MR. CHAIRMAN, I WITHDRAW MY MOTION. WITHDRAW MY SECOND.

OKAY. SO THE MOTION HAS BEEN WITHDRAWN THE SECOND.

SO CAN WE PUT A MOTION TO THE FLOOR? ARE YOU OKAY WITH DEFERRING THIS UNTIL. YES SIR. OKAY.

SO COULD I GET SOMEONE TO PUT A MOTION OF MAKE A MOTION TO DEFER THIS UNTIL I GUESS SUCH TIME? THE COURTS HAVE DECIDED WHAT THEY'RE GOING TO DO IS PROBABLY BEST TO JUST WITHDRAW THIS DECISION. SO WOULD YOU LIKE I WOULD RATHER ME DO THAT. WE WILL MOVE. THEY ALL HAVE APPLICATION.

BUT WITHOUT PREJUDICE TO BRING PATRICK RIGHT? CORRECT.

CORRECT. THAT'S SO GOOD. ONLY WE HAVE THE OPTION.

EVERYBODY JUST AGREES THAT WOULD. THAT WOULD BE THE BEST ROLE.

THANK YOU. BIG TIME NEGOTIATE SO IT'S NOT ENOUGH OR GOT THE SWIMMING POOL

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

. ITEM FOR MR. MIKE CARROLL IS REQUESTING A VARIANCE FROM THE ROOF A BUFFER POOL TO CONTINUE WITH YOU FROM LAST MEETING. IS HE HERE?

>> YES. GO FOR BROKE. I BROUGHT SOME 50 SCOTCH VISION . THIS ARTICLE. PEOPLE GO FOR IT.

GOOD EVENING. >> YES, IT'S A CONTINUATION FROM LAST MONTH.

I WAS HERE ON OUR REQUEST VARIANCE FOR THIS POOL ON THE PLUS SKI ISLAND ON HOW UNDERHAND AND I COULD USE A LITTLE ISLAND OFF BUT THE PESKY ISLAND HAS FOR LOTS ON IT.

I HAVE THAT AFTER THE LAST MEETING I MISS FREDERICK RECOMMEND GOING BACK TO THE DRAWING BOARD WHICH I'VE DONE AND I LISTEN CLEARLY TO MRS. AUSTIN'S RECOMMENDATION THAT I BRING THIS POOL TO 30 TO 35 WHICH IS WHAT SHE RECOMMENDED. AND ON THE RECORD AT THE LAST MEETING I THINK THAT THE THAT THERE'S A COUPLE IN IMPORTANT THINGS TO CONSIDER AND IF IF YOU GRANT ME THIS VARIANCE TOTAL AREA DISTURBED BY THIS POOL OF FOUR HUNDRED EIGHT SQUARE FEET. THE DIMENSIONS OF THE ENCROACHMENT INTO THE BUFFER ZONE AT AT 1 AT ONE POINT WHEN THE WEST GOES IN ABOUT TEN FEET ELEVEN INCHES INTO THE BUFFER ON THE OH THAT'S ON THE ON THE EAST IT GOES INTO FOURTEENTH ELEVEN INCHES.

SO IT'S A PRETTY I SIGNIFICANTLY REDUCED WHAT I BROUGHT LAST MONTH.

[00:50:02]

AND I JUST WANTED A KIND OF TALK ABOUT YOU KNOW KIND OF THE INTENT OF THESE THOUGHTS OR I WENT TO THE DEVELOPMENT CODE IS AS INTERESTED IN THEM. I MEAN WE AGREEMENT WITH WITH THE PURPOSE OF THE RIVER BUFFER AND THE INTENT AND THE SPIRIT DEVELOPMENT CODE THAT THE RIVER BUFFER STATES THAT YOU AFTER ITS INTENTION IS TO FIND REMOVAL REDUCTION OF SEDIMENTS, NUTRIENTS, POTENTIAL HARMFUL TOXIC SUBSTANCE OF RUNOFF ENTERING WATERWAYS BY GRANTING THIS VARIANCE KNEW WE WOULD REDUCE THE SQUARE FOOTAGE OF THAT OF THAT RIVER BUFFER BY 6 PERCENT. HOWEVER IN THIS GRAPHIC I'M SHOWING YOU.

WE WOULD PROPOSE TO MITIGATE BY MORE THAN 66 PERCENT WHAT THE CODE REQUIRES AS FAR AS DRAINAGE AND RUNOFF. AND I THINK THAT THE GRAPHIC ALSO SHOWS THAT THERE'S THERE'S STILL PLENTY OF ROOM FOR NATURAL SCREENING A VISUAL SCREENING.

THOSE ARE THE TWO IN MY INTERPRETATION OF THE BUFFER THE TWO MAIN REASONS TO HAVE THE RIVER BUFFER. ONE IS TO ELIMINATE REDUCE SEDIMENT RUNOFF INTO INTO THE WATERWAYS. TWO IS TO HAVE A VISUAL SCREEN FROM THE WATER.

THIS VARIANCE WE CAN DO THAT WE CAN WE MAINTAIN THAT WE DON'T WE DON'T HARM THOSE TWO VERY IMPORTANT ASPECTS OF THE INTENT OF THE RIVER BUFFER. THE SECOND INTENTION IS TO MINIMIZE EROSION AND HELPS THE BUILD STABILIZE THE STREAM BANKS.

>> THIS POOL IS IS IN THE REALM OF TYPICAL TYPICAL CONSTRUCTION STAGING AREA.

IT'S THE FURTHEST OUT FROM THE HOUSE. IT'S 25 FEET.

SO IT'S NOT DISTURBING ANYTHING ANY MORE THAN A TYPICAL CONSTRUCTION ZONE WOULD DISTURB. I THINK WE MEET THAT INTENTION AS WELL.

THREE IS TO PROVIDE NATURAL HABITAT FOR THE FLORA AND FAUNA THAT EXIST IN THIS IMPORTANT TRANSITION AREA. YOU KNOW, THAT'S THAT'S THE BIG THINGS THAT'S TRANSITIONARY BETWEEN THE TIDAL WATERS AND THE UPLAND AREAS. THIS POOL WOULD NOT REQUIRE ANY VARIANCE IN THREE FIVE ZONING DISTRICTS IN THE COUNTY AS LAID OUT IN IT'S JUST BECAUSE IT'S IN THIS RESIDENTIAL PD ZONING IT'S YOU KNOW IT REQUIRES A VARIANCE.

WE WE WOULDN'T REQUIRE A VARIANCE AND YOU KNOW IN IN A T 3 EDGE T THROUGH YOUR TEETH FOR ZONING NOT THAT YOU KNOW NOT THAT THAT'S REALLY APPLICABLE BUT IT JUST JUST GOES TO SHOW WHAT'S HAPPENING ON OTHER YOU KNOW WITH OTHER DEVELOPMENT IN THE COUNTY.

AND THE FOURTH INTENT AND PURPOSE OF THE RIVER BUFFER IS TO ENCOURAGE THE RETENTION OF THE VISUAL CHARACTER OF THE COUNTY'S WATERWAYS. YOU KNOW, AS AN ARCHITECT THAT'S REALLY IMPORTANT TO ME AS WELL. WERE 32 40 FEET FROM THE CRITICAL LINE TYPICALLY WITH WITH THIS REDESIGNED HOME. AND I HAD TO REDESIGN THE HOME AND THE PORTS TO BRING IT BACK FROM THE ORIGINAL TENT. YOU KNOW THE ORIGINAL INTENT WE BROUGHT IT TO WITHIN 20 FEET OF THE SEPTIC LINE. WE'RE NOW I THINK 32 FEET.

SO WE YOU KNOW, WE'VE REDUCED IT SIGNIFICANTLY. WE'VE INCREASED OUR BUFFER BY ONE HUNDRED AND FIFTY PERCENT FROM WHAT WHAT I THOUGHT WAS FAIR AND ACCEPTABLE.

SO THOSE ARE THE THINGS THAT I KIND REALLY WANTED TO ASK THE BOARD TO CONSIDER.

I KNOW THAT HILLARY HAS SENT ME A PRELIMINARY LETTER AND SHE CAN RECOMMEND TO THE BOARD THAT THAT VARIANCES IS DENIED AND I RESPECT THAT POSITION. I ALSO DISAGREE WITH THAT.

AND I ASK THAT YOU APPROVE THIS VARIANCE BECAUSE I THINK THAT WE CAN MITIGATE ANY ANY TYPE OF HARM THAT A VARIANCE TO THE BUFFER WOULD CAUSE. YOU KNOW, I THINK, YOU KNOW, GRAPHICALLY SHOWING HERE, YOU KNOW, WE WE CAN EXCEED THE AMOUNT OF RAIN GARDEN REQUIREMENTS AND THAT'S NOT EVEN INCLUDING ANY CREDIT THAT A TYPICAL HOME WOULD GET FOR RAIN BARREL OR SYSTEM WHICH WE'RE DOING A LOT OF UNDER PESKY.

AND YOU KNOW, VISUALLY WE CAN WE CAN SCREEN THIS VERY WELL AND WITHIN THE WITH THE TREES THAT ARE THERE WE'RE NOT TAKING DOWN ONE TREE IN THE BUFFER FOR THIS POOL.

[00:55:02]

SO WE'RE THE ONLY THE ONLY THING THAT WE'RE DISTURBING IS ,YOU KNOW, THE GROUND UNDER THE POOL. AND THAT CENTER I GUESS I CAN YOU KNOW, IT'S A IT'S A MINOR VARIANCE. WE'VE WE'VE REDUCED WE'VE REDUCED THE ORIGINAL INTENT BY 50 PERCENT AND WE'VE ADDRESSED THE RUNOFF AND THE VISUAL SCREENING WITH THIS UPDATED PROPOSAL. SO I JUST WOULD REQUEST THAT THE BOARD APPROVE THE VARIANCE THAT IS PROPOSED. SO IS THERE ANY OF COURSE THIS FOR THE APPLICANT? I THINK IT'S GREAT TO HEAR FROM THE COUNTY. WE RECOMMEND THAT TO BE LOOK TO RECOMMENDATIONS WHEN HE CAME BACK TO THE OFFICE HE REDUCED THE POOL FOR FEET THE FIRST TIME I'M SEEING THIS PLAY OUT THE WAY IT CAN I ASK YOU A QUESTION.

>> WHAT IS THIS BLUE THING BACK HERE? SO IF IT'S TRUE THAT REDUCED THE POOL FOUR FEET BUT IS THIS BELOW THIS BLUE THING WOULD INDICATE AN AREA OF RAIN DARK.

THAT'S THAT'S THAT'S IT AN AND HAVE A RAIN GARDEN IN THE RIBAUT BUFFER.

OK. I CAN STILL HAVE THE 720 BUT REQUIREMENT BRAIN GARDEN.

HOW DID YOU GET SEVEN HUNDRED AND TWENTY SQUARE FEET FROM THE COUNTY'S WORKSHEET.

OH OK. AND THAT'S WITHOUT ANY SYSTEM OR ANYTHING I WROTE THOSE CALCULATIONS. THINK GOODNESS. OK.

WELL THE RAIN GARDEN HAS TO BE REMOVED FROM THE RIBAUT BUFFER. I MEAN IF HE'S GETTING A VARIANCE WHY WOULD WE THINGS INTO THE INTO THE BUFFER? OK, WE COULD WE COULD BUT ANGER THIS AREA DIRECTED HIM IN THE BUFFER YOU HAVE A 50 FOOT BUFFER IF THEY GIVE YOU A WAIVER FOR 38 32 FEET, THAT'S ALL. THAT'S PART OF , YOU KNOW, THE RAIN GARDEN AND THE BUFFERING COULD BUT THE RAIN GARDEN AND THE OTHER PART OF A LOT AND STILL GET THE CALCULATION. BUT I JUST THOUGHT IT MADE SENSE TO PUT IT AND I STILL

DON'T THINK IT MEETS ALL THE REQUIREMENTS FOR VARIANCE. >> HE HASN'T REALLY PROVED THE HARDSHIP. HE TALKS ABOUT THE SIZE OF THE POOL AND REDUCED THE POOL.

I SEE NOTHING WITH THIS THIS LAND THAT SAYS HE ACTUALLY NEEDS A VARIANCE OR A POOL.

THE VARIANCE IS I MEAN HE'S HE'S ABLE TO BUILD A REASONABLE SIZE HOME AND HE WOULD HE COULD PUT A REASONABLE SIZE LIKE THIS POOL IS REDUCED. SO IT'S 50.

IT'S WHAT'S FORTY SIX FEET LONG . ARE TWO OR SEVENTY SIX FEET

LONG? >> I DON'T KNOW. THIS IS A VERY LONG POOL AND MOST OF IT IS IN THE RIVER BUFFER. SO UNTIL I CAN HEAR A HARDSHIP THAT CAUSE FOR THIS VARIANCE THAT HAS TO DO WITH THE LAND AND NOT WHAT THE PROPERTY OWNER WANTS. I STILL RECOMMEND DISAPPROVAL BUT I ALSO STATE THAT IF YOU DECIDE TO APPROVE IT I NEED A LAND PLANT BACK PLAN FOR THIS ENTIRE BUFFER THAT'S GOING TO BE REMAINING AND THE REMOVAL OF THIS RAIN GARDEN FROM THE BUFFER.

SO GLAD TO SIT CIVIL ENGINEER DRAINAGE PIPE FOR THE RAINBOW GARDEN.

SANDY IS THANK YOU MAN THE PROJECT THAT WILL BE SOMETHING THAT WOULD PUSH THE VARIANCE FORWARD. COULD YOU GO FORWARD TO THE MICROPHONE PLEASE? THANK YOU, MR. ONE THING TO NOTE ABOUT THE CORPS IS IT'S 32 FEET LONG.

THERE IS A LEG THAT GOES BACK BUT THAT'S NOT A THAT'S NOT PART OF THE VARIANCE REQUEST.

AND THE OTHER OTHER THING IS THERE'S A HARDSHIP AS DEFINED IN THE IN IN THE ORDINANCE TO ME I THINK IT'S VERY SUBJECTIVE. IF IF YOU BUY A PARCEL OF LAND ON AN ISLAND OFF OF AN ISLAND WHERE THERE'S THREE OTHER LOTS AND THEY HAVE YOU KNOW, THEY HAVE POOLED AND THEY HAVE VARIANCES AND YOU DON'T HAVE THAT I KIND SEE THAT AS A

HARDSHIP TO THAT PROPERTY. >> IT'S NOT A HARDSHIP TO SOMEONE, YOU KNOW, THAT IS BUYING, YOU KNOW, A LOT IN THE MIDDLE OF , YOU KNOW, A DEVELOPMENT.

BUT FOR THIS SPECIFIC PROPERTY THAT IS A HARDSHIP. YOU KNOW, IT'S PART OF THE ENJOYMENT OF THAT PROPERTY TO HAVE A POOL ON THIS YOU KNOW, ON THIS LAND.

AND IT'S IN IT'S PART OF THE RESALE VALUE, YOU KNOW, TO BE ABLE TO HAVE A POOL ON A

[01:00:04]

WATERFRONT PARCEL ON THE FIRST GUY AND IT'S ONE OF THE IT'S ONE OF THOSE PRIME PARCELS WITHIN EIGHT POINTS. WOULD YOU AGREE THAT THE POOL IS A NECESSARY USE TO THE HOUSE ? I MEAN I THINK THAT COULD BE DEBATED TOO.

I MEAN I WOULD NEED A POOL. WELL, I MEAN THE YARD, THE LIVING WATER.

YOU KNOW, I JUST I JUST BUILT THE HOUSE MYSELF AND AND I WASN'T GOING TO BUILD A HOUSE AND I PUT A POOL. YOU KNOW, I'VE LIVED HERE FOR 20 SOMETHING YEARS.

IT'S NOT WORTH HAVING A HOME IN. YOU KNOW, I LIVE ON HILTON HEAD BUT YOU KNOW, I WANT TO POOL. IT'S AN IMPORTANT PART OF ENJOYING MY YOU KNOW, MY RESIDENTS, MY LIVELIHOOD, MY EXERCISE, MY RESALE VALUE. IT'S IT'S AN IMPORTANT ASPECT OF A HOME IN THIS PAUSE IS DESIGNED AS AN INTEGRAL PART OF THIS HOME.

IT GOES UNDERNEATH THE HOME. THE HOME HAS A BIG OPEN BREEZEWAY.

THIS IS A VERY, YOU KNOW, POOL DEPENDENT PROJECT. MY CLIENTS HAVE SAID, HEY, YOU KNOW, WE WANT A POOL. WE WANT TO BE ABLE SWIM LAPS. THIS IS YOU KNOW, I THINK THAT THE POOL IS VERY MUCH A PART OF THE HOME IN THIS IN THIS CASE OF , YOU KNOW, OTHER PROJECTS WHERE THEY SAY, YOU KNOW, IF WE CAN GET A POOL, WE GET FULL, IT'S NO BIG DEAL.

BUT IN THIS YOU KNOW, THIS SPECIFIC CASE I THINK IT WOULD BE A BIG HARDSHIP ETHICAL CONCERNS THERE. THE QUESTION IS FOR THE MOM LEFT OR RIGHT.

THANK YOU. THANK YOU. ELECTED BASED ON INFORMATION I'LL MAKE A MOST REPORTS AND THE TESTIMONY WE'VE HEARD. I'LL NOTE THAT WE DENY THE VARIANCE BECAUSE THE APPLICANT HAS NOT SHOWN THAT THE HE'S MEETING ALL THE HARDSHIPS AS THAT ARE REQUIRED FOR THE VARIANCE. SO THERE IS A MOTION ON THE FLOOR TO DENY THE VARIANCE ON THIS APPLICANT TO GET SOMEONE TO SECOND THAT MOTION.

I'LL SECOND. SO WE PROBABLY MADE A SECOND TONIGHT AS APPLICATIONS THIS VARIANCE IS THERE ANY DISCUSSION ON THIS? IT'S NOT ALL IN FAVOR OF DENYING THIS VARIANCE. PLEASE SIGNIFY BY RAISING YOUR HAND.

SO WE HAVE FOR ALL IN FAVOR OF ALL OPPOSED TO THE NINE SIGNIFY BY RAISING YOUR GOES FORWARD TO THE MOTION TO HAVE BEEN DENIED HAS BEEN CARRIED ON.

THANK YOU. YES. FORGOT.

WAS THERE ANY PUBLIC COMMENT? I DON'T THINK ANYBODY FOR THIS ITEM.

NO PUBLIC COMMENT. WE CLOSED THAT ITEM NUMBER 16 SHERI LASSER LOWCOUNTRY HOME REQUESTING ADMINISTRATIVE APPEAL TO THE INTERPRETATION THE USE OF THIS PROPERTY IS LISTED IN THE COMMUNITY CODE . HELLO, HOW ARE YOU? YOU CAN STATE YOUR NAME AND MY NAME CHERRY LAST YEAR AND I AM SECRETARY TRIGGER FOR COUNTRY HEADQUARTERS AND WE RECEIVED A VIOLATION SAYS AND WE NEEDED A ZONING PERMIT AND A BUSINESS LICENSE FOR A HALFWAY HOUSE WHERE WE'RE NOT A HALFWAY HOUSE . WHAT WE DO AND WHAT WE HAVE DONE FOR SIX YEARS IS WE ARE A FIVE A ONE TWO THREE. WE RENT A HOUSE IN THIS CASE THE HOUSE RENTS FOR TWELVE HUNDRED DOLLARS A MONTH AND THEN WE PROVIDE THAT HOUSE TO PEOPLE WHO HAVE GONE THROUGH REHAB FOR DRUG OR ALCOHOL. THEY HAVE GOTTEN THEMSELVES FREE OF THEIR ADDICTIONS BUT THE LAST THING THEY WANT TO DO IS GO BACK AND LIVE WHERE THEY USED TO LIVE WHERE THEIR FRIENDS ARE AND THE DRUGS ARE. SO THIS ALLOWS THEM A RESIDENT HOME TO LIVE IN. WE WE MAKE IT A SAFE PLACE, SOBER PLACE AND AN AFFORDABLE PLACE. SO WE WE RAN IT FOR TWELVE HUNDRED DOLLARS THEY PAY A HUNDRED AND SEVENTY FIVE DOLLARS A WEEK TO LIVE THERE FOR SIX TO 12 MONTHS AND WE PROVIDE NO SERVICES. WE HAVE NO STAFF OR NO EMPLOYEES.

ALL WE DO IS PROVIDE A PLACE FOR THESE PEOPLE TO GO AND LEARN HOW TO STAY SO IT'S IT'S A REGULAR RESIDENTIAL HOME. SO YOU SAID THIS IS A HOME FROM SIX TO 12 MONTHS TYPICALLY THAT'S HOW LONG FROM UNSTABLE YOU SAY IT'S A HUNDRED AND SEVENTY FIVE HOURS PER WEEK.

YES. FOR EACH RESIDENT, CORRECT. SO I DON'T UNDERSTAND HOW IS IT NOT A HALFWAY HOUSE? I MEAN WHAT YOU DESCRIBE JUST SOUNDS LIKE A HALFWAY HOUSE.

[01:05:06]

WELL, YOU WOULD HAVE TO LOOK UP THE DEFINITION OF HALFWAY HOUSE WHICH YOU GUYS DON'T HAVE A DEFINITION IN YOUR CODES FOR HALFWAY HOUSE BUT IT IS A HALFWAY HOUSE AS ARE TYPICALLY FUNDED BY THE GOVERNMENT. PEOPLE ARE ASSIGNED TO LIVE THERE.

I MEAN I CAN READ YOU THE DEFINITION OF A HALFWAY HOUSE BUT THAT'S NOT WHAT WE ARE AN INSTITUTE FOR PEOPLE WITH CRIMINAL BACKGROUNDS OR DRUG ABUSE TENDENCIES TO LEARN OR READ AND LEARN THE NECESSARY SKILLS TO REINTEGRATE GREAT INTO SOCIETY AS WELL SERVING AS A HALFWAY HOUSE THEY PROVIDE SOCIAL, MEDICAL, PSYCHIATRIC AND EDUCATIONAL OR SIMILAR SERVICES WE PROVIDE NO SERVICES . WE HAVE NO EMPLOYEES, WE HAVE NO SERVICES. WE HAVE A BED AND A KITCHEN AND A BATHROOM AND A LIVING ROOM WITH A TV AND CABLE. SO FOR TO CORRECT. CORRECT.

THAT'S THAT'S WE'VE BEEN THERE FOR SIX YEARS AND THAT'S ALL WE'VE EVER DONE.

I I'M CONFUSED. OK. THESE PEOPLE CAN'T RENT SOMETHING ON THEIR OWN. NO THEY JUST. WELL I MEAN THEY THEY COULD BUT THEY TYPICALLY THEY'VE JUST COME OUT OF JAIL. THEY'RE REFERRED TO US BY BEAUFORT COUNTY DRUG COURT BEAUFORT COUNTY DRUG AND ALCOHOL.

THEY JUST CAME OUT OF JAIL. THEY JUST CAME OUT OF REHAB. THEY DON'T HAVE A JOB SO THEY HAVE TO COME IN AND THEY HAVE TO GET A JOB WITHIN TWO WEEKS IF THEY HAVE TO WALK DOWN THE STREET AND WORK AND FLIP BURGERS, THAT'S WHAT THEY HAVE TO DO TO PAY THEIR RENT.

BUT SHE HAS NOBODY SUPERVISING THAT. NO, NO ONE SUPERVISING THEM.

THEY JUST LIVE THERE. WE DO HAVE TYPICALLY WE HAVE A PERSON THERE THAT WE CALL THE HOUSE MANAGER. HE TYPICALLY HAS MORE SOBRIETY UNDER HIS BELT.

HE HE AGREES TO LIVE THERE WITH THEM FOR HE GETS FREE GRANITE AND HE ISSUES RANDOM DRUG TESTS TO MAKE SURE THAT THE HOME IS FREE OF DRUGS AND ALCOHOL. BUT OTHER THAN THAT, HE REALLY HAS NO RESPONSIBILITY. I MEAN HE JUST MAKE SURE THAT, YOU KNOW, PEOPLE ARE DOING THEIR CHORES AND THEY HAVE A JOB AND THEY'RE PAYING THEIR RENT AND THEY COME HOME BY THE CURFEW. BUT OTHER THAN THAT, HE HAS NO OTHER RESPONSIBILITY AND HE'S NOT EMPLOYED. HE'S NOT GETTING PAID AND WE DON'T PROVIDE ANY SERVICES.

>> SO IT SOUNDS LIKE REALLY YOU'RE A TEMPORARY SHELTER WHICH IS A SUPERVISED PUBLICLY OR PRIVATELY OPERATED SHELTER AND SERVICES DESIGNED TO PROVIDE TEMPORARY LIVING ACCOMMODATIONS TO INDIVIDUALS OR FAMILIES WHO LACK A FIXED REGULAR ADEQUATE RESIDENCE.

IS THAT TEMPORARY? I MEAN LEASES ARE TYPICALLY FOR SIX MONTHS TO A YEAR.

THAT'S THAT'S NOT TEMPORARY. THAT'S A TYPICAL LEASE TIME. I HAVE A QUESTION, OK.

DO YOU OWE THIS HOME? NO. WE RENTED BELOW A LADY NAMED NANCY WILLIAMS. SHE LIVES IN GEORGIA. SHOULDN'T THAT BE THE PERSON GETS UP HERE AND NOT YOU THE OWNER OF THAT PROPERTY? WELL, SHE DOESN'T HAVE A HALFWAY HOUSE OR WHATEVER THEY CALLED IT. SHE'S NOT THE ONE WHERE THE A OF . BUT IT'S HER HOUSE AND THEY'RE THE ONES THAT DO IT EVERY OTHER MONTH OR SO. AND SO SHE'S OK. WOULD YOU DO THAT?

YES. >> SHE HAS A BROTHER WHO IS AN ALCOHOLIC.

SHE LIKES RENTING TO US THIS WEEKEND. WE WE DO FOR COUNTY DRUG AND ALCOHOL DEPENDS ON US FOR DRUG COURT DEPENDS ON THAT. WE ARE THE ONLY PLACE IN BEAUFORT THAT DOES THIS. THERE ARE REHAB FACILITIES AND IAP FACILITIES THAT SEND PEOPLE TO US BECAUSE THE PEOPLE ARE JUST NOT READY TO GO BACK INTO SOCIETY.

THEY JUST GOT OFF OF AN ADDICTION AND THEY THEY DON'T EVEN KNOW HOW TO PUT ONE FOOT IN FRONT OF THE OTHER. SO THERE'S EACH OTHER THEY'RE NOT ON YOUR INSTITUTION

INSTITUTION OR DEPEND ON EACH OTHER. >> THEY'RE SUBLETTING A HOUSE AND THE OWNER ALLOWS THE SUBLET OF THEIR HOUSE FOR SIX MONTHS OR LONGER IF THEY WERE LONGER THAN YOU. BUT LIVING IN A HOME WITH LIKE MINDED PEOPLE WHO HAVE JUST KICKED THEIR ADDICTION WHO WHO ARE JUST LEARNING TO REENTER SOCIETY AND NOT GO BACK TO THEIR FRIENDS AND DO DRUGS OR NOT GO BACK TO THEIR OLD NEIGHBORHOOD.

IT'S A WONDERFUL LANDING SPOT FOR PEOPLE TO JUST LEARN HOW TO BE A HUMAN BEING AGAIN AND PUT

ONE FOOT IN FRONT OF THE OTHER. >> WHAT MY QUESTION IS WHAT WHAT PERCENT OF THE INDIVIDUALS THE MEN STAY THERE FOR THE LENGTH OF THEIR OUT IF YOU DON'T GET IT OCCASIONALLY WE HAD SOMEONE GET KICKED OUT FOR FAILING A DRUG TEST BUT OTHER THAN THAT TYPICALLY PEOPLE STAY THERE FOR THE SIX TO 12 AND SOMETIMES 18 MONTHS UNTIL THEY KIND OF FEEL LIKE THEY'VE GOT

[01:10:03]

THEIR ACT TOGETHER AND THEY CAN YOU KNOW, GO WHERE IN A PLAY THEY DON'T HAVE ANY MONEY WHEN THEY COME THERE. SO THEN THEY CAN AFFORD MAYBE RENT A PLACE AND MAYBE LIVE WITH NORMAL PEOPLE. THIS IS JUST A NICE PLACE FOR PEOPLE TO LAND AND YELL AREN'T LICENSED BY ANYBODY. WE ARE NOT BECAUSE WE DON'T LIKE IT'S INDIVIDUALS OTHER THAN LIVING IN THE THE BUSINESS FOR US AND SAYS ENGAGE IN AN OCCUPATION OR ACTIVITY WITH THE

OBJECT OF GAIN BENEFIT OR ADVANTAGE. >> AND WE WE HAVE NO GAME.

WE HAVE NO BENEFIT AND WE HAVE NO ADVANTAGE HOW MANY PEOPLE ARE SIGNED? THERE IS A TOTAL OF SEVEN PEOPLE. THERE'S TWO FOR SIX AND THEN THE HOUSE MANAGER HAS HIS OWN ROOM. SO TWO PEOPLE IN EACH OF THE THREE BEDROOMS AND THE FOURTH BEDROOM IS THE HOUSE MANAGER. I'M NOT CLEAR ME ON THE NUMBERS. YOU'RE RENTING IT FOR TWELVE HUNDRED DOLLARS A MONTH, RIGHT? SEVEN PEOPLE ARE SIX PAYING THINGS PAY FOR ONE HUNDRED AND SEVENTY FIVE DOLLARS A WEEK.

WHAT DOES ALL THAT EXTRA MONEY GO? IT GOES TO UPKEEP YARD MAINTENANCE, HBC WATER CABLE OR UTILITIES. YEAH.

LAND. THERE'S NOTHING. NO.

WE PAY IT ALL. THAT'S WHY SHE RENTS IT TO US SO CHEAPLY BECAUSE WE PAY IT ALL. BUT WE OUR HOME MODEL IS SELF-SUSTAINING.

I MEAN WHAT WE BASICALLY KNOW WHAT WE CAN AFFORD TO RENT BECAUSE AND THAT'S HOW WE ADJUST OUR RENT IS WHAT HOW TO MEET OUR BILLS EVERY MONTH. SO WE'VE BEEN DOING THIS FOR A

WHILE. WE KNOW HOW TO ME. >> YEAH.

THEY HAVE TO I'M SORRY THEY HAVE TO PAY THEIR RENT SO YES. PUSHING SO TO YOU.

THIS IS INSTITUTIONAL CARE. FACILITY. WELL BUT IT'S BUT IT'S NOT IT'S NOT INSTITUTIONAL. IT'S JUST A BUNCH OF ROOMMATES LIVING TOGETHER.

THAT'S REALLY MY I MEAN THERE IS A DIFFERENCE THERE DEPENDING UPON WHICH INCOME MAN YOU GET IF YOU'VE GOT SIX PEOPLE WHETHER YOU'RE GETTING A THOUSAND FIFTY DOLLARS A WEEK SO THAT'S OVER FOUR THOUSAND A MONTH YOUR RENT IS TWELVE HUNDRED.

>> I CAN'T BELIEVE IT TAKES ALL THAT OTHER MONEY THROUGH UPKEEP SOMETIMES GOT TO BE A PROFIT.

>> SOMEBODY HAS GOT TO BE MAKING MONEY HERE. WE'RE NOT MAKING MONEY.

WAIT WAIT. YOU'RE NOT MAKING MONEY SOMETIMES.

THE HOUSE IS NOT FULL. WE CAN HOLD UP TO SIX PEOPLE ACTUALLY RIGHT THIS MINUTE.

WE ONLY HAVE TWO PEOPLE BECAUSE OUR. WE ONLY HAVE TWO PEOPLE WERE MET. OK. AND THEY'RE PROBABLY ABLE TO ADJUST FOR INDIVIDUAL WELL AND BIG HAND BECAUSE IF WE HAVE A FULL HOUSE WE DO HAVE A SURPLUS. BUT WHEN WE DON'T HAVE A FULL HOUSE WE HAVE TO DIP INTO THAT SURPLUS. SO IT PRETTY MUCH IS WE'RE VERY BLESSED.

IT'S SELF-SUSTAINING SO. AND YOU SAID YOU DO NOT VIEW THIS AS HALFWAY HOUSE.

>> IT IS. NO, IT DOES NOT MEET THE DEFINITION HE'S GIVEN ME.

IT SEEM LIKE OTHER I THINK ACCORDING TO OUR ORDINANCE ALL THE INSTITUTIONAL IS LICENSED BY THE STATE. AND THAT'S THE DIFFERENCE ON THIS ONE IS THAT IT'S NOT

TEMPORARY. >> RIGHT. WELL, INSTITUTION SAYS IN COORDINATION WITH THE PROVISION OF SOCIAL REHABILITATIVE AND OR MEDICAL SERVICES WHICH WE DO NOT PROVIDE. AND THE AGENT SEES THAT SEND THE CLIENTS TO YOU DON'T

REQUIRE YOU TO BE LICENSED. >> NO, THEY DO NOT. AND WE.

AND NO ONE HAS EVER. I MEAN OUR ACCOUNTED OUR OUR CPA.

NO ONE HAS EVER SUGGESTED IF WE NEEDED A LICENSE I WOULD BE HAPPY TO GET A LICENSE.

BUT NO ONE'S EVER SUGGESTED THAT WE DON'T NEED A LICENSE BECAUSE YOU'RE ACTUALLY NOT PROVIDING PERSONAL SERVICES EXCEPT FOR SOME PLACE FOR SOMEBODY SWEET ANYWAY.

THAT'S IT. I MEAN IT'S NOT LIKE YOU KNOW, I'M ANSWERING FOR YOU.

AM I CORRECT WITH THAT? YES. THANK YOU FOR ANSWERING FOR ME.

DID THEY HAVE ANY OTHER SUPPORT? I MEAN HAVE THEY ON PAROLE OR DID THEY HAVE ANY OTHER SUPERVISION? SOME SOME OF THE PEOPLE WHO ARE REFERRED FROM DRUG COURT, THEY DO HAVE TO THEY ARE SUPERVISED BY DRUG COURT.

THEY DO. SOME PEOPLE YOU KNOW, DRUG COURT, THEY HAVE TO GO THERE AND TAKE TESTS AND DO. I DON'T KNOW WHAT THEY DO WITH DRUG COURT BUT A LOT OF THEM ARE JUST ON THEIR OWN. YEAH. THEY COME FROM SAID GUY RECOVERY OR ARE THEY COME FROM SOME RECOVERY PLACE IN HILTON HEAD OR BLUFFTON OR AND THEN

[01:15:01]

THEY THEN THEY ARE FREAKED OUT . THEY DON'T KNOW WHAT TO DO THEN AND STUFF. JUST A FEW HUNDRED PEOPLE WHO ARE THE AGENCIES THAT RECOMMEND THESE MEN WE WORK WITH BEAUFORT COUNTY DRUG AND ALCOHOL HERE. RIGHT.

JUST A FEW BLOCKS FROM HERE DRUG COURT SINCE PEOPLE TO US SOUTHERN SKY RECOVERY IN BLUFFTON SINCE PEOPLE TO US. SO WE HAVE THOSE RELATIONSHIPS AND THEN WE GET PEOPLE FROM OTHER PLACES BUT THOSE ARE THE MAIN PLACES. WHAT ABOUT THE OTHER ISSUES THAT NEIGHBORS WOULD NORMALLY HAVE ABOUT DO THEY EACH HAVE THEIR OWN CAR? DO YOU HAVE A LOT OF CARS THERE OUT NOW? TYPICALLY THEY DON'T HAVE CARS BECAUSE AGAIN THEIR SITUATION THEY'RE COMING OUT. JAIL OR YOU KNOW, REHAB OR WHATEVER. TYPICALLY THEY'VE LOST EVERYTHING.

THEY DON'T HAVE POSSESSIONS. THEY DON'T HAVE CAR. THEY DON'T HAVE A JOB.

THEY DON'T HAVE MONEY. THEY SOMETIMES DON'T EVEN HAVE A HOME.

>> AND THEY ARE ABLE THAT THEY'RE MOVING ON TO THE NEXT YEAR AND OFTENTIMES THEY HAVE

TO WALK. >> WE WE PROVIDE BICYCLE. THEY OFTEN HAVE TO EITHER WALK TO WORK OR RIDE A BICYCLE TO WORK UNTIL THEY CAN WORK THEIR WAY UP AND GET A CAR.

TRANSPORTATION SO SMART USE IT YOU CAN DO IT AS A SIX YEARS WE HAVE.

HAVE YOU EVER HAD ANY INSTANCES WHERE YOU POLICE HAVE BEEN CALLED IN OR ANY KIND

OF TROUBLE? >> NO, NOT. NO, NOT AT ALL.

AND AS A MATTER OF FACT, I DO BELIEVE THAT SOMEONE IN THE NEIGHBORHOOD MAYBE SOMEONE KNEW THAT YOU KNOW, THERE IS JUST A STIGMA THAT COMES ALONG WITH THIS KIND OF THING.

THEY THINK OH, IT'S JUST A BUNCH OF DRUG ADDICTS AND THERE'S NO DRUGS OR ALCOHOL.

THEY'RE TESTED BUT SOME WINE I THINK BECAUSE OF THE STIGMA COMPLAINED NOT FOR ANY INCIDENT BECAUSE THERE HASN'T BEEN AN INCIDENT. BUT WHAT MAKES ME THINK THAT IS A FEW DAYS AFTER WE RECEIVED THIS I GOT A CALL FROM WITH WITH THE GUY MARK CHILDS BECAUSE SOMEONE HAD CALLED AND SAID THAT OUR GRASS HADN'T BEEN MOWED IN WEEKS AND IT WAS KNEE HIGH IN THE PLACE WAS A MESS. SO I GOT IN MY CAR AND DROVE OVER THERE AND TOOK PICTURES OF IT. IT WAS PRISTINE. THERE WAS NOTHING SO.

AND I ACTUALLY BROUGHT IT BACK OVER HERE TO SHOW IT TO HIM. BUT HE'S LIKE I HAVEN'T SO I I THINK MAYBE THAT'S HOW THIS WHOLE THING GOT STARTED. BUT WE'VE HAD NO INSTANCES, NO

POLICE, NO NOTHING. >> I DON'T KNOW IS THIS ANY VIOLATION OR ANY COVENANTS

THERE? >> THERE ARE NO COVENANT GOVERNANCE.

THERE ARE COVENANT. YES. DO YOU KNOW WHAT THEY ARE? MICHELLE, THAT THE OWNER TOLD ME THAT THERE WERE NO WEAPONS. IS THERE A COVENANT THAT PROHIBITS US FROM DOING SO? YES. IT CAN'T GET ITS GLASSES.

THIS IS NOT A COMMERCIAL, MA'AM. THIS I DON'T HAVE.

I DIDN'T GET MY TIME TALK YET. >> I'M SERIOUS. THERE'S ANY MORE QUESTIONS FOR THE APPLICANT? NO THANKS. HOW LONG CAN PEOPLE STAY BEFORE THEY ARE REMOVED FOR SOMETHING ELSE WITHOUT. WE'D LIKE THEM TO LEAVE AFTER ABOUT A YEAR RIBAUT I MEAN WITHOUT WITHOUT PAYING. IF THEY IF THEY DON'T PAY THEY GOT TO GO. HOW LONG? I MEAN WHEN THEY GET OUT OF JAIL THEY PROBABLY HAVE ANYBODY. NO.

WE GIVE THEM TO WAIT. SO THEY HAVE TO FIND A JOB. BUT I MEAN YEAH I THINK YOU CAN GET LIKE GERMAN CARPETS COUNTING THIS APPEAL DOES HAVE TO BE DENIED JUST BECAUSE IT'S NOT PROPERLY BEFORE THIS BOARD. PROCEDURE OR HISTORY HERE IS THAT A NOTICE OF VIOLATION WAS ISSUED TO COUNTRY HOPE HOUSE ON JULY 6 OF THIS YEAR. SO IF IT HASN'T ALREADY.

CITATION WILL BE ISSUED IF IF THE ACTIVITY THERE IS CEASED. AND THEN THERE WILL BE A TRIAL ON THE MATTER. SO THAT WILL BE HOW THIS IS DISPOSED.

THERE'S NOTHING FOR THAT ENTITY TO APPEAL TO THIS BOARD HAD THIS LOTTERY GONE TO THE COUNTY TO GET A ZONING PERMIT, THE VARIOUS PERMIT OR AN APPLICATION FOR AN INTERPRETATION. AND IF SHE HAD GONE THROUGH THOSE PROCESSES LAID OUT IN THE CODE THAT SAYS I BELIEVE SHE CAME AND SPOKE TO YOU, IS THAT CORRECT? THAT THERE WAS NO WRITTEN APPLICATION SUBMITTED? YES.

CORRECT. MRS. FREEMAN, JURORS WERE IT IS ONCE YOU GOT THE NOTICE

[01:20:04]

VIOLATION I BELIEVE SHE SPOKE TO MISS AUSTEN ABOUT A PERMIT. MISS ALSTON TOLD HER WHAT SHE BELIEVED THE THE OUTCOME WOULD BE IF AN APPLICATION WERE SUBMITTED AND THEN SHE WENT AHEAD AND FILED THIS APPEAL. SO AT THIS POINT IT IS PREMATURE.

SHE WOULD HAVE TO EITHER MAKE THE ARGUMENT SHE'S MAKING BEFORE THE MAGISTRATE THE TRIAL OF THIS MATTER ON THE ZONING OR ON THE CODE ENFORCEMENT VIOLATION OR SHE COULD MAKE ONE OF THOSE APPLICATIONS TO THE COUNTY. AND IF IT IS DENIED, THEN SHE CAN COME BACK AND APPEAL TO DEAL WITH YOU THROUGH AN APPEAL ON SOMETHING THAT HASN'T BEEN RIGHT. THERE'S JUST BEEN NOTHING APPEALABLE.

SHE'D HAVE TO GO THROUGH THE APPLICATION PROCESS. REALLY WHAT WE'RE TALKING ABOUT RIGHT NOW IS AN INTERPRETATION AND THERE IS A PROCESS FOR THAT AND SEVEN POINT THREE POINT SIXTY OF THE COMMUNITY DEVELOPMENT CODE AND THERE IS ACTUAL APPLICATION THAT HAS TO BE SUBMITTED STAFF REVIEW ACTION ON THAT. AND THEN THE APPLICANT CAN APPEAL IS DENIED. SO IF YOU WANT TO GO BACK, WHY DO SOME OF US HERE IS MAKING DECISIONS? THEY JUST GOT FIRED. IT'S A BOOK ABOUT RULES OF THAT . SO YOU JUST DO THINGS THAT SOUNDS LIKE A THING YOU DO ABOUT YOU SAY THERE'S NO DISCRETIONARY. YOU GET A CHECK.

SHE'S AN APPLICATION I SAY JUST FOR A PROCEDURE SHE'S GOT TO FOLLOW.

GET IT ADMINISTRATIVE. SO SHE HAD ALL OF THAT. THERE WAS NOTHING THERE SHOULD BE A PROCESS BUT HILLARY SAYING SHE SO SHE PRONOUNCED BECAUSE SOME JENNIFER'S MEDIA EXPERIENCE. GO THROUGH THE PROPER CHANNELS STRAIGHT THROUGH.

WE'VE GOT THE CART BEFORE. >> IN YOUR OPINION, DO YOU THINK WE FERTILIZERS ON ARE CORRECT? I UNDERSTAND WE ARE HERE BECAUSE SHE SUBMITTED THIS APPLICATION. MAYBE SHE COULD HAVE BEEN AN ADVISER OR OTHERWISE TO DO SOMETHING DIFFERENT BECAUSE IT SEEMED LIKE IT WAS BEFORE US TONIGHT.

WE HAVE NO REALLY JURISDICTION . RIGHT.

SO WE HAVE TO SEE WHY WE ARE HERE. THAT'S WHY ALL OF US NO DECISION TO BE MESSAGES SHE CAN'T GO THROUGH AND HAVE THE TRIAL OR SHE CAN HAVE CIRCUMVENT THAT AND COME BACK TO DEPARTMENT DEVELOPMENT. SO NO MATTER WHAT WE DECIDE, IT DOESN'T MATTER WHAT THE PROPER THE PROPER COURSE OF ACTION WILL BE.

I'VE HEARD OF IT. DROP ME APPLICATION DO EVIL APPLICATION FOR PERMANENT YOU KNOW, TO MAKE A WISH AND THEN DECIDE WHICH I'M ASKING A DIFFERENT QUESTION.

SHE WON'T BE RIGHT DECIDED HERE IT DOESN'T REALLY MATTER. I THINK THIS CASE IS WHAT WE'RE HEARING OR SHE WON'T BE PREJUDICED IF YOU DENY IT. IF IF YOU APPROVE IT IT GETS A LITTLE MURKY BECAUSE THERE'S A QUESTION OF EXACTLY WHAT THE INTERPRETATION IS BECAUSE WHAT WE'RE TALKING ABOUT IS A NOTICE VIOLATION FROM CODE ENFORCEMENT.

WE'RE NOT TALKING ABOUT A DECISION DIRECTOR OR SOMEBODY APPOINTED BY THE DIRECTOR.

SO THE MINISTRY OF ADMINISTRATIVE INTERPRETATION SHOULD REALLY HAVE BEEN BEFORE IT'S ILLUSTRATIVE APPEAL BASED OFF CALLED INSTITUTIONAL CARE FACILITY. YOU KNOW MR. COBB OR WE DON'T THAT IS THAT THERE IS NO IS THAT IS FAIR. SHE SHE WOULD HAVE NEEDED TO FILE SOME KIND OF APPLICATION RATHER FOR ZONING PERMIT OR FOR AN INTERPRETATION TO SAY THIS IS SOMETHING OR IT'S SOMETHING ELSE WHETHER IT'S. LIKE THAT'S THE FIRST STEP IS DO YOU HAVE INTERPRETATION ON WHAT IT SAYS? SO REALLY SHE'S SHE NEEDS TO WITHDRAW HIS APPLICATION AND DO

AN INTERPRETATION IF SHE CAN WITHDRAW IT OR YOU CAN DENY IT. >> IT WON'T REALLY MAKE A DIFFERENCE MAKE A DIFFERENCE. SHE WON'T BE PREJUDICED FROM BEING ABLE TO COME BACK AND MAKE THAT APPLICATION. IF THIS IS DENIED WHEN IF WE HAD ALL DECIDED TO APPROVE IT

[01:25:01]

THAT IT'S NOT AN INSTITUTION WHERE RIBAUT. >> DO WE HAVE.

I MEAN THAT'S ANOTHER PROCESS. IT'S NOT US AT THIS POINT. IS THAT CORRECT? MY QUESTION IS CAN I BUY A HOUSE FOR IN SEVEN PEOPLE MOVE IN THAT HAVE PROBLEMS? WELL, I MEAN WITHOUT WITHOUT HAVING TO GO TO TO GET SOME KIND CERTIFICATION FOR HAVING PROBLEMS AND AS YOU KNOW IT SEEMS A LITTLE MORE THAN JUST FOR YOUR EDIFICATION.

>> I DON'T THINK THE BOARD SHOULD BE CONSIDERING THAT BUT THE ANSWER WOULD BE NO THERE.

I THINK WHAT MISS LIKE YOU'RE SAYING THIS IS JUST A SINGLE FAMILY DETACHED RESIDENCE AND THE CODE DOES DEFINE FAMILY AS PEOPLE WHO ARE RELATED OR FOUR OR FEWER PEOPLE WHO WERE LIVING UNDER ONE ROOF. SO LONG TERM CONTINUE TO OPERATE AS THEY ARE.

THIS IS PROBABLY NICE FOR A LONG WHILE AT ALL. AND I THINK THAT'S ALSO WHY IT WOULD PROBABLY BE GOOD FOR THE BOARD TO DENY THIS OR ALLOW HER TO WITHDRAW SO SHE CAN MAKE THOSE CONSIDERATIONS. AND AGAIN IT WOULD BE MORE I THINK WOULD BE BEST IF SHE

WROTE THE EXAMINER. >> YEAH, THE KIDS ARE JUST NINE BECAUSE EVEN IF SHE DOES GO TO COURT HOLDS THEY'RE WRONG THAT IT COULD HELP THE UPPER CASE AND I WOULDN'T WANT TO BE PART OF THE SO I WOULD NOT BE FOR DENYING IT BUT I WOULD BE OVERBURDENED WITH HER HAVING AN WITHDRAWAL. AND I'M FINE EITHER WAY. BUT HAVE ALL THE CARDS THE DENIAL WOULDN'T BE ON A SUBSTANTIVE GROUND. IT WOULDN'T BE SAYING YOU CAN'T DO THAT. YOU'RE JUST NOT PROPERLY BEFORE THIS BOARD GOES BACK COULD WE

ASK THE WHICH WE CAN. >> THANK YOU, SIR. MISS FLASH, MISS LASSER, WOULD YOU PLEASE SONGS LIKE THE CART BEFORE THE HORSE HERE. SO I'M NOT TELLING YOU WHAT TO DO BUT IT WILL PROBABLY BE IN BEST INTEREST TO WITHDRAW THIS APPLICATION, GO BACK TO THE COUNTY AND ALMOST GET AN INTERPRETIVE OF OF WHAT YOU ARE WHAT YOU HAVE THERE SO THAT YOU CAN HAVE A BETTER UNDERSTANDING. THE COUNTY CAN UNDERSTAND WHAT'S GOING ON. BECAUSE IT'LL BE MUCH EASIER IF YOU WERE TO WITHDRAW YOUR APPLICATION AT ALL AND LOOK FOR THAT PROCESS. ALL YOU HAVE TO DO IS X TO WITHDRAW YOUR APPLICATION AND THEN GO BACK TO THE COUNTY AND THEN THEY CAN KIND OF DIRECT

YOU IN THE PROPER CHANNELS THAT YOU SHOULD GO. >> WOULD I GO BACK TO MISS AUSTIN? CORRECT. AND SHE COULD HELP ME DO THAT.

GOOD. WELL, I THOUGHT I WAS STILL WHAT I WAS SUPPOSED TO DO.

WELL, I DID. SO THIS IS NOT THE PROPER WAY TO DO THAT.

>> THERE ARE CERTAIN PROCEDURES THAT I WOULD ENCOURAGE YOU TO GO FIND LEGAL COUNSEL.

I ALSO ENCOURAGE YOU TO GO LOOK AT THE PROCEDURES LAID OUT IN THE CDC IN A WAY THIS IS A PLEASE DON'T DO THAT BECAUSE THAT WILL HELP GUIDE YOU ON HOW TO DO ADMINISTRATIVE AND GIVING LEGAL ADVICE. BUTTTORNEYS BY SITTING BEHIND YOU SOMEWHERE IT MIGHT

HELP. YEAH. >> YEAH.

WE'RE 5 0 1 3 3. WE DON'T HAVE ATTORNEY MONEY. >> IT'S A LITTLE BIT OF MONEY LEFT OVER FROM RANDALL BUT IT DOES MAKE US DO IT FOR FREE. YEAH.

OKAY. SO WHEN I GO BACK AND TALK WITH MISS AUSTIN SHE LOOKS LIKE SORT OF WRITE THIS DOWN FOR ME BECAUSE WELL WRITING WHAT SHE WANTS THAT'S HER.

>> SHE CAN JUST GO TO SLEEP OR WE WILL HELP YOU THROUGH THE PROCESS.

WE WILL HELP YOU WITH YOUR THE CAUSE YOU ALREADY PAY THE FEES. WE'LL HELP YOU OUT AS WELL.

OK, SO WE WILL HELP YOU TOO. OK. SO ARE YOU ACTING TO WITHDRAW YOUR APPLICATION? YES. OK.

THANK YOU. THANK. >> IS THERE ANY PUBLIC COMMENT FOR THIS? THERE IS NO PUBLIC COMMENT ON THAT.

OH YES. WHERE DOES THIS APPEAL? I THINK YOU HAVE TO HAVE A

[18. Mrs. Nadine O’Quinn is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located At 1892 Sea Island Parkway, St. Helena Island. The property is zoned T2-Rural (T2R). 19.]

MOTION TO ACCEPT HER WITHDRAW. I DON'T THINK YOU NEED MORE TO DO WITH A REFERRAL.

I DON'T MEAN 18. MISS O'QUINN, THERE'S A QUESTION OF SPECIAL USE PERMIT FOR LODGING IS OK. YOU KNOW YOU HAVE THE FLOOR SPEAKER LET US KNOW WHY YOU'RE HERE. OH, AND JUST GO AHEAD AND EXPLAIN WHAT YOU ARE.

MY NAME IS MAKING A POINT THAT ALL THAT COTTAGE ON 1892 SEA ISLAND PARKWAY AND I FIXED IT ALL UP AND FURNISHED IT THEN I WOULD LIKE TO DO A DEAL. SO THIS IS ALL CIA?

YES, SIR. >> QUITE SURE YOU HAVE MET ALL THE REQUIREMENTS? YES, SIR. FINE. THEY ARE INCOMPETENT.

[01:30:05]

NO, SIR. I WAS THERE AND OF COURSE THEY FORGOT EVERYTHING.

THANK YOU, MR. CRANE. IT'S REALLY NOT A NEED TO HEAR FROM THE COUNTY THAT THE COUNTY WOULD LIKE TO HAVE SOMETHING TO SAY. FACTS.

THE STAFF RECOMMENDS APPROVAL. THAT BEING SAID, BASED ON INFORMATION THAT'S PRESENTED BEFORE US PUBLIC COMMENT IS ANY PUBLIC COMMENT FOR THIS ITEM JUST 19? NO PUBLIC COMMENT. THAT'S ONE REASON THERE IS NO PUBLIC COMMENT WITH PUBLIC

COMMENT. >> THAT BEING SAID, WOULD LIKE TO PUT A PRETTY SPECIAL USE FOR THIS PROPERTY. SECOND, MOST OF IT MAY PROPERLY MEAN A SECOND ON A TABLE.

GRANTING THIS ESPECIALLY USED IT TO SIGNIFY BY RAISING YOUR HAND.

[20. Praying Mantis LLC is requesting a Variance from the Dock Length Requirement of the Community Development Code for a Small Tidal Creek. The property is located at 1928 Sea Island Parkway, St. Helena Island. The property is zoned T2-Rural (T2R) with the Commercial Fishing Village Overlay District.]

SWEENEY PARENTS. THANK YOU MA'AM. ITEM NUMBER 20 HELLO.

GET. SEE YOUR PRESS CONFERENCE FANCY ONE PLEASE LET THIS BE A AT

YOUR SIDE. >> WHY DON'T WE PUT ALL YOUR BLOODS RIGHT TOGETHER? JEREMY MAY I PROCEED? YES, SIR. CHAIRMAN LADIES AND GENTLEMEN, I AM VERY PLEASED TO BE HERE TONIGHT ON BEHALF OF CHRIS CROWLEY AND HENRY BRANDT ASKING THEM TO STAND UP AT THE BACK. YOU PROBABLY ALREADY KNOW THEM FROM COASTAL EXPEDITIONS WHICH IS A GREAT NEW BUSINESS HERE IN BEAUFORT. THEY ARE DOING JUST SOME REALLY INCREDIBLE THINGS IN THE COASTAL EXPLORATION AREA OUT ON HUNTING ISLAND RIGHT NOW AND CURRENTLY PENDING BEFORE YOU AS A VARIANCE APPLICATION FOR THEIR PROPERTY LOCATED IN 1928 SEA ISLAND PARKWAY. IMPORTANTLY THIS IS IN THE COMMERCIAL VILLAGE FISHING VILLAGE OVERLAY DISTRICT AND WHAT THEY ARE LOOKING FOR IS TO TRY TO REACH GREAT CREEK SO THAT THEY CAN GET OUT THERE AND TAKE KAYAKS AND DO THEIR EXPEDITIONS.

IT'S REALLY A COUPLE OF GREAT GUYS. THEY'RE OUT, CHARLIE.

THEY'VE BEEN IN CHARLESTON AND THE WELL KNOWN UP THERE. YOU KNOW, THIS IS A LONG MEETING AND I THINK THAT AT LEAST BEFORE WE CAME IN. THE STAFF WAS BEFORE I CAME HERE TONIGHT. THE STAFF WAS IN SUPPORT OF THIS AND I'M GENUINELY HOPING THAT MISS AUSTIN WILL STILL BE I KNOW THAT YOU ALL HAVE READ THE APPLICATION.

IT DOES APPEAR TO ME THAT THEY MEET THE REQUIREMENTS OF SEVEN POINT TWO POINT 140 C AND I BELIEVE THAT THE STAFF AGREES WITH THAT AND WITHOUT GOING THROUGH ALL OF THE INDIVIDUAL WANTS I'LL BE GLAD TO ANSWERING QUESTIONS OR SIMPLY ASK YOU IF YOU WOULDN'T MIND TO LET THE STAFF COMMENT. BUT WE MOVED FURTHER VARIANCE IN ORDER TO ALLOW THEM TO BUILD THE DOCK. I THINK IT'S GOING TO BE ABOUT THREE HUNDRED AND FORTY TWO FEET. WE'RE ASKING FOR A VARIANCE OF UP BEFORE 400 IF NECESSARY.

BUT WE BELIEVE IT'S GOING TO BE THAT AND IT'LL BE THE MINIMUM AMOUNT NECESSARY TO REACH PRICE. ANY QUESTIONS, SIR? WOULD HERE? I'VE ACTUALLY GOT GOT ONE AND I LOOK AT IT IS THE OVERLAY AND SHOWS HOW THEY ARE JUST GETTING BARELY WHAT IT WILL TAKE OUT TO SPREAD. THAT'S A HOT DOG PICTURE PROBABLY. YES I'M BETTER FROM THE LOOKS OF IT.

QUESTION SIR. YOU WOULDN'T HAVE BEEN OF COURSE THIS IS COMPLETELY UNDERSTANDABLE I GUESS GETS PAID. WAS THIS ON YOUR APPLICATION PAGE TO FIVE IT SAYS MAX THE MINIMUM LOAD OF MINIMUM LIFT NECESSARY TO SORT THIS OKATIE AND WAS THAT DIXIE DOING SAID IF I THINK OKAY I WAS THINKING MAX ABOUT CAPACITY AND MR. MACK Y'ALL USUALLY ASK AND I SHOULD HAVE ADDRESSED IT. THEY DO HAVE BOTH CRM PERMIT AND A PERMIT ALREADY ON THE DOCK. THE THINKING WE HEAR FROM THE COUNTY PLEASE AND KENNEDY RECOMMENDS APPROVAL. SHE HAS A THIS IS A COMMERCIAL FISHING VILLAGE FOR ANY TYPE OF COMMERCIAL USES IT WOULD NEED A DOCK AND NOW IT'S A SMALL TIDAL CREEK SO IF THEY CAN'T GET A DOCK THAT'S 300 FEET THEY WOULDN'T NEED MORE.

LOOK, IT'S A FISHING VILLAGE AND IT ALLOWS FOR A LOT OF OTHER USES.

IT ALLOWS FOR COMMERCIAL FISHING AND APPROVAL FOR THREE HUNDRED AND FORTY SIX FEET.

THAT'S WHAT THEY'RE FOR PERMANENT ZERO HOURS ON WHICH QUALIFIED.

IS THERE ANY PUBLIC COMMENT FOR THIS ARTICLE? FIRST OF ALL, IS THERE ANY QUESTIONS FOR THE COUNTY D.A.? THERE IS PUBLIC COMMENT. YES.

[01:35:05]

HERE PARTIALLY YES. >> YES, GOOD EVENING. MY NAME IS ASHLEY.

I'M THE PRESIDENT AND CEO OF THE B. >> YES.

JUST BEFORE YOU GO ANY FURTHER, YOU HAVE UP TO THREE MINUTES. OK.

SO JUST FOR ANYONE WHO HAVE ANY PUBLIC COMMENT YOU HAVE UP TO THREE MINUTES TO SPEAK.

THANK YOU. ALL RIGHT. >> MY NAME IS ASHLEY HALL.

I AM THE PRESIDENT AND CEO OF THE BEAUFORT AREA HOSPITALITY ASSOCIATION.

I SUBMITTED A LETTER WHICH SHOULD BE IN FRONT OF YOU IN REGARDS TO THIS PROJECT.

AND I JUST WANT TO GO OVER A COUPLE DIFFERENT THINGS IN HERE.

BAR KNOWN FOR THEIR HOSPITALITY ASSOCIATION WERE INVESTED IN SUPPORTING ORGANIZATIONS AND BUSINESSES SUCH AS COASTAL EXPEDITIONS. THEY SERVE THE COMMUNITY AND OFFER PROGRAMING THAT CREATES A UNIQUE EXPERIENCE. FURTHER STRENGTHEN ANGEL CONSUMMATE MISSION AND PRESERVATION OF THE AREA'S MOST TREASURED NATURAL ELEMENTS ALONG THE BARRIER AND SEA ISLANDS OF SOUTH CAROLINA. COASTAL EXPEDITIONS AND COASTAL EXPEDITIONS FOUNDATION STOCK IS ESSENTIAL IN THE PROGRAM IN NATURALISTS WILL OFFER TO THE COMMUNITY AS WELL AS VISITORS GIVING COASTAL EXPEDITIONS EXCEPTIONAL REPUTATION AND RELATIONSHIP TO THE STATE OF SOUTH CAROLINA PARKS AND RECREATION.

WE ENCOURAGE AN EXEMPTION THAT BEAUFORT AREA HOSPITALITY ASSOCIATION APPLAUDS BEAUFORT COUNTY AS THEY CONTINUE BUILDING DIDACTIC PARK PARTNERSHIPS AND INNOVATIVE SOLUTIONS TO FURTHER EDUCATE CITIZENS WHILE SUPPORTING ECO TOURISM THROUGH EDUCATION AND PERSONAL PRESERVATION. WE WOULD LIKE TO SEE COASTAL EXPEDITIONS CONTINUE TO TRANSFORM AND INVEST IN CONSERVATION AND PRESERVATION OF OUR BELOVED BARRIER AND ISLANDS THROUGH NEW PROGRAMS SUCH AS THE VETERAN SEA KAYAK RESILIENCE TRAINING AFTER SCHOOL PADDLE SPORTS AND THE CONTINUOUS ACTION OF THE ST. PHILIPS ISLAND FERRY THROUGH SOUTH CAROLINA STATE PARKS AND RECREATION. THANK YOU.

THANK YOU. MICHAEL BRADLEY MICHAEL BRADLEY ON THE DOCK MASTER OF SAFE HARBOR FOR MARINA DOWNTOWN. WANT TO TAKE A MOMENT TO MAKE COUNSEL AWARE OF THE GREAT RELATIONSHIP WE ENJOY WITH PRAYING MANTIS AND COASTAL EXPEDITIONS.

THEY OFFER TOURS OUT OF LOCATION. ALL RIGHT.

OVER ON BASS STRAIT, IT'S BEEN A PLEASURE WORKING WITH CHRIS AND CAPTAIN HENRY AND HIS CREW . THEY'RE ENVIRONMENTALLY CONSCIOUS.

THEY RUN A HIGH INTEGRITY BUSINESS. THEY'RE DEFINITELY AN ASSET TO OUR COMMUNITY. THEIR TOURS ARE CONDUCTED IN A SAFE MANNER, VERY ENTERTAINING AND ENGAGING FOR ALL AGES. PERSONALLY I'VE HAD MY THREE YOUNG DAUGHTERS ON BOARD.

THEY ENJOYED A GREAT TOUR WITH HENRY AND THEY SAW LOTS OF DOLPHINS AND LEARNED LOTS ABOUT OUR HISTORY ROUND HERE. AND BASICALLY IT'S SAFE HARBOR FOR.

WE HOPE THEY'RE GRANTED THE VARIANCE THEY REQUEST. I THANK YOU MISS.

IS THERE ANY MORE PUBLIC COMMENT? DID YOU FILL OUT ONE OF THESE

FORMS? >> WELL, YOU CAN GO AHEAD AND SPEAK AND PLEASE DO FILL IT OUT ONCE YOU GET A NICE LADY BUT YOU DON'T INVITE ME. HI.

MY NAME IS PEACH MARKS AND I'M THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA LOWCOUNTRY TOURISM COMMISSION SERVING BE FOR HAMPTON JAZZ COUNTIES AND I JUST WANTED TO GIVE MY SUPPORT TO COASTAL EXPEDITION SOUTH. THEY ARE A WONDERFUL GROUP OF PEOPLE.

THEY ARE ALSO MEMBERS OF THIS ZAPPA NATURE BASED TOURS WAS A ASSOCIATION AND THEY ARE EXTREME STEWARDS OF THE AREA AND THEY ARE A GREAT ASSET TO US WITH HISTORICAL KNOWLEDGE WITH NATURAL KNOWLEDGE AND THEY'RE GREAT. MUCH PEOPLE I JUST WANTED TO SAY WE FULLY SUPPORT THEM. THANK YOU. WE HAVE ONE MORE I DON'T KNOW WHEN I THERE BUT I'LL GIVE IT TO YOU BEFORE I LEAVE. WELL, THANKS FOR THE OPPORTUNITY SPEAK. I'M JONATHAN SULLIVAN. I'M A MEMBER OF THE HOSPITAL INDUSTRY HERE I AM THE CHAIRMAN OF THE BEEFEATER OPT OUT ASSOCIATION AN INTERESTING PIECE ABOUT WHAT COAST WAS DONE AS THEY ACQUIRED THIS PIECE OF PROPERTY IN FEBRUARY AND 2020 JUST BEFORE KOMEN HAPPENED AND THEY NEVER STOPPED INVESTING IN OUR COMMUNITY.

SO THEY CONTINUE TO PUT THEIR FINANCIAL STUFF AT RISK AND I WORK THAT CONTINUE TO DEVELOP THIS PIECE OF PROPERTY AND THEIR BUSINESS HERE. BUT WHAT'S IMPORTANT ABOUT THE WORK THEY'RE DOING TOURIST? ONE OF THE NUMBER ONE REASONS THAT COME TO THIS REGION IN NORTHERN BEAUFORT COUNTY IS THEY WANT ACCESS TO OUR WATERWAYS AND THAT'S CONSISTENT THROUGHOUT THE DECADES OF FEEDBACK WE GET FROM FROM TOURISTS.

LOCALS ALSO WANT THAT AND THERE'S A GREAT DEAL OF LOCALS WHO LIVE IN NORTHERN AND BEFORE COUNTY WHO WANT TO ENJOY WHAT WE TAKE FOR GRANTED SOMETIMES EVERYDAY BUT DON'T HAVE THE ABILITY GET OUT THERE AND ACCESS THAT. AND WHAT'S GREAT ABOUT COAST

[01:40:02]

PHYSICIANS IS THEY WANT TO PROVIDE THAT THROUGH THEIR SCHOOL PROGRAM AND I THINK THAT'S A SIGNIFICANT COMPONENT . MIGHT TELL ME ABOUT A REVENUE CHARTER SCHOOL. AND THIS PAST YEAR I WAS ABLE TO GO WITH HIM ON A OUTDOOR EXPEDITION FIELD TRIP THAT LASTED THREE DAYS AND I GOT TO WATCH THESE STUDENTS WHO WERE 5 AND 6 YEARS OLD GO OUT THERE AND DO THIS STUFF AND IT'S A REALLY REMARKABLE THING TO WATCH CHILDREN DO THAT AND THE FACT THAT THEY WANT TO DO THAT RIGHT HERE IN NORTHERN FOR COUNTY FOR THE PEOPLE WHO LIVE AND GROW UP HERE AND DON'T NORMALLY HAVE ACCESS TO OUR WATERWAYS IS AN IMPORTANT PART. SO THANK YOU FOR SUPPORTING THEM.

AND THANK YOU FOR SUPPORTING MR. QUINN BEFORE US WHO IS ALSO INVESTING IN OUR INDUSTRY.

SO THANK YOU VERY MUCH. THANK YOU FOR THE TIME. THANK YOU.

BECAUSE THE ANIMAL BUT BECOME A CLOSE PUBLIC COMMENT. A QUESTION FOR THE COUNTY.

YOU CAN GO AHEAD. OK. WITH THE SMALL CREEKS HAVING COMMERCIAL DOCKS AND IS THERE AN ISSUE WITH THE SIZE OF BOATS THAT COULD COME TO A COMMERCIAL DOCK IN THE SMALL CREEKS OR IS THAT THAT WOULD BE UP TO OCR IN OK AND THEY APPROVE THE DOCK.

SO YEAH. AND THE SMALL TIDAL CREEK ORDINANCE DOES ALLOW FOR COMMERCIAL RIGHT. WE'VE JUST GOTTEN IN TROUBLE WITH DOGS BEFORE FOR SOME REASON. I WAS I WOULD LIKE TO MAKE A MOTION.

YES PLEASE READ ESPECIALLY USEFUL THIS IF THERE IS A VARIANCE VARIANCE DOG DIET.

OH MY GOD SOME READ THE WRONG ONE. I DON'T RECOMMEND APPROVAL OF THE VARIANCE AND THAT THERE IS A HARDSHIP DUE TO THE FISHING VILLAGE OVER LAKE DISTRICT AND THEIR USE IS CONSISTENT WITH THE FISHING INDUSTRY AND OF THE DOCK.

AND IT IS NECESSARY STRUCTURE TO CONDUCT BUSINESS. >> THE SECOND SO MUCH HAS BEEN MADE AND PROBABLY MADE A SECOND ALL A FAVOR BY APPROVING THIS VARIANCE.

YOU FOLLOW REASON JOHANN SO IT HAS BEEN APPROVED. SURE.

THANK YOU SIR. WHAT YOU MORTARS TONIGHT? NO.

[22. Mr. & Mrs. John Moore are requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 16 Hilda Avenue, Ladys Island. The property is zoned T3-Hamlet Neighborhood (T3HN).]

ALL RIGHT. ITEM NUMBER TWENTY TWO MR. MRS. JOHN MOORE, PRESIDENT ESPECIALLY USED PERMIT FOR LOGGING SHORT TERM RENTAL. YES.

GOOD EVENING. YES. JOHN MOORE, PROFESSOR AND OUR SPECIAL USE PERMIT FOR SHORT TERM. JUST A MOMENT.

ALL RIGHT. I GUESS MY NAME'S JOHN MOORE REQUESTS AND ESPECIALLY FOR YOU, JOHN. PLEASE JUST LEARNED THAT 16 HILDA AVENUE LADIES OUT DONE IS THERE? I SEE THAT YOU HAVE A OBVIOUSLY THERE'S A COVENANT THERE.

IS THERE ANY OTHER COVENANT ON THIS PROPERTY PERTAINING TO THIS PROPERTY OR IS THIS THE ONLY ONE? LOOK, THAT'S HONORABLE AND COVENANTS.

IT WAS FOR THAT UP PART OF THE NEIGHBORHOOD. I THINK I HIGHLIGHTED WHERE THESE COVENANTS WAS EXPIRED IN 2000. I BELIEVE IT WAS.

THAT'S WHAT THIS SAYS. >> WE RECEIVED COPIES OF CONFIDENCE FROM SOMEBODY ELSE IN THE NEIGHBORHOOD THAT HAD THAT LOOKED LIKE THEY DIDN'T THEY HAVE NOT EXPIRED.

SO IT'S A BIT CONFUSING FOR US SOME WHICH COVENANTS ARE THE OFFICE, CORRECT? CORRECT. IT'S BUSH. YEAH.

WELL THE COVENANT IS THAT I PRESENTED TO YOU AS WHEN I WAS PRESENT AND WHENEVER PURCHASED THE HOME ABOUT 60 70 DAYS AGO. THAT'S WHAT MY MY ATTORNEY DOES FOR ME SAYING THAT THIS IS THE COVENANTS. THAT'S HOW MANY DAYS AGO YOU SAID YOU PURCHASED ABOUT 70 DAYS AGO WOULD BE MORE COMFORTABLE IF YOU WOULD GO BACK TO YOUR ATTORNEY AND GET WHICH COVENANTS ARE THE RIGHT ONES TO CONFIRM BECAUSE IF THERE'S COVENANTS WE CAN'T THE COVENANTS HAVE HIGHER POWER THAN WE DO. RIGHT.

[01:45:04]

AND SO SINCE WE HAD IT WAS THE GOVERNMENT'S RIGHT. THE CORRECT ONES GOING THERE THERE'S TWO. YEAH. OK.

ALL RIGHT. CAN I SEE WHAT COVENANTS YOU HAVE? SOMEWHERE IN THE STACK OF PAPERS 1968 THIS IS I GOT THAT ONE WAS THE ONE THAT WAS IN TWO YEARS. I THINK THIS GOT LOTS AND A LOT OF MONEY.

THAT'S TOUGH. SO A LOT. OK, GOOD.

THAT'S UP TO NEEDS TO GET IS DOES THAT LOOK LIKE ONE THAT'S PERTAINING TO YOUR PROPERTY? IT LOOKS LIKE ONE SIMILAR TO WHAT I JUST WHEN I SUBMITTED IT WITH MY PACK IN HERE.

YOU SEE THAT ONE DOESN'T SAY THAT IT'S CALLED. THAT'S THE NEW LIKE YOU WERE SAYING I WAS INTERRUPTED BY SOMEBODY. LET'S JUST SAY THIS IS REALLY WELL I MEAN JUST SO THAT YOU CAN HAVE TIME TO REVIEW THIS. I MEAN WE CAN IF YOU WOULD LIKE FOR US THAT WAY YOU CAN LOOK AT THAT. YOU CAN HAVE TIME TO LOOK AT IT IF YOU WANT US TO REVISIT THIS ON OUR NEXT MONTH MEETING. RIGHT.

ALL YOU HAVE TO DO IS ACCESS TO DO THAT AND WE CAN, YOU KNOW, BOLT ON ON ON DOING IT THAT WAY EVEN IF YOU NEED TO SEEK SOME LEGAL GUIDANCE OR MAKE SURE THAT YOUR PROPERTY IS NOT PERTAINING TO ANY OF THESE IDENTIFIED PROPERTIES THAT'S ON HERE.

THAT WAY YOU CAN HAVE TIME TO LOOK IT OVER, MAKE SURE YOU'RE CLOSING AND TURNING WHICH ONES MR. CHAIRMAN, IF I MAY HAVE SAID HE WAS OR SIGNED IN 1979 AND THE OTHER SAID IT WAS SIGNED IN 1968. BUT THERE'S NO DOCUMENTATION THAT SAID THAT THERE WAS THE VOTE TO RESCIND BECAUSE THE FIRST ONE SAID THAT IT GOES ON .

CORRECT. PERPETUITY UNTIL THAT YEAR. YEAH.

AND THE SECOND TO SAY WANTED WAS SIDE 70 NOT RIGHT BECAUSE WHEN YOU BEFORE YOU WHICH ONE RUNS A LOT. RIGHT. HOUSE AND WITHIN THAT MONTH IT COULD BE A PROBABLY A GOOD TIME FOR YOU TO YOU KNOW, PROBABLY REVISIT AND HAVE THAT

CONVERSATION WITH YOUR CLOSING ATTORNEY. >> RIGHT.

>> OK. MY MY NEXT QUESTION FOR YOU THAT IS WHAT IN THIS PROVENANCE IS KEEPING. WHAT'S WHAT WOULD BE GOING AGAINST SAYING SINGLE FAMILY RESIDENCE. SINGLE FAMILY RESIDENCE. IT'S ONLY ALLOWED FOR SINGLE FAMILY RESIDENCES. IF YOU READ IT OUT SHORT TERM THEN IT BECOMES A BUSINESS AND IT'S NOT A SINGLE FAMILY RESTAURANT CATCHING. ALL RIGHT.

ALL RIGHT. I'LL HELP YOU FIND OUT WHICH ONE OF THESE IS I GUESS SUPPOSED TO BE THE ONE THAT PERTAINS TO MY PROPERTY AND THEN WE'LL GO FROM THERE.

YES, I'D LIKE TO CONTINUE THIS WITH PATRICK MAKES ME LOOK ALL RIGHT.

ALL RIGHT. WE WE CAN DO THAT WITH IT. CAN I GET A MOTION TO CONTINUE THIS TO NICK SCHEDULE MEETING? SOME OF IT PROBABLY MADE A SECOND ORDER FAVORS CONTINUE TO SORT NEXT GET A MEETING TICKET SO WE'LL SEE YOU NEXT WEEK. HOPEFULLY YOU CAN GET ALL THAT INFORMATION WAS UP. I MEAN NEXT MONTH. YEAH, SURE.

WE DON'T WANT TO DO THIS. IS THERE ANY PUBLIC COMMENT FOR THIS? IF IT IS PUBLIC COMMENT IS CLOSED. ALL RIGHT.

[24. Mr. & Mrs. James Peterson are requesting a Variance from the Accessory Use Requirement of the Community Development Code for placement of an Accessory Structure. The property is located at 180 Meridian Road, Ladys Island. The property is zoned Ladys Island Community Preservation (LICP).]

THANK YOU. THANK YOU. ALL RIGHT.

ITEM NUMBER 24 MR. JAMES PETERSON IS REQUESTING A VARIANCE FROM THE ACCESSORY USE REQUIREMENT TO THE COMMUNITY DEVELOPMENT CODE GREEN MY NAME IS JOHN CLEMENTS SAMA LICENSED

[01:50:08]

CONTRACTOR HERE IN BEAUFORT HAVE BEEN FOR QUITE SOME TIME. >> THE PETERSONS HAVE HIRED ME TO BUILD A PROJECT FOR THEM ON THE PROPERTY AT 180 RIGGINS ROAD THAT LOCATED BETWEEN THE YACHT CLUB AND BURKE MILE BEACH THEY PURCHASED THIRTY FOUR ACRES OF PROPERTY AND AT THE TIME OF PURCHASE IT HAD AN EXISTING STRUCTURE A HOUSE IN GOOD ORDER THAT PEOPLE HAD BEEN LIVING IN UNTIL JUST PRIOR TO THEIR PURCHASE AND A GUEST COTTAGE.

THEIR INTENTION IS TO REMODELING THE GUEST COTTAGE NOW.

WE HAVE DEMOLISHED THE MAIN HOUSE. WE DIDN'T REALIZE WE'RE MAKING A TERRIBLE MISTAKE BY TEARING DOWN THE MAIN HOUSE BECAUSE WE WANT TO BUILD A POLE BARN AS A PART OF THIS PROJECT THAT WILL SUPPORT THE MAIN HOUSE WHEN IT IS FINISHED IT THE MAIN HOUSE WILL BE EIGHTY TWO HUNDRED SQUARE FEET. IT'LL BE VERY NICELY APPOINTED FULL BARN WE WERE HOPING THAT WE COULD USE DURING THE CONSTRUCTION THE MAIN HOUSE TO STORE MATERIALS AND EQUIPMENT. WE'VE ALREADY PURCHASED SOME ANTIQUE IN RELATIVELY EXPENSIVE MATERIALS IN ANTICIPATION THAT IT WILL BE USED IN THE MAIN HOUSE WHICH ROBERT MONTGOMERY MONTGOMERY ARCHITECTURE AND PLANNING IS DESIGNING THEIR GREENHOUSE JUST AS FAST AS HE POSSIBLY CAN AND WE WOULD ALL LIKE TO START THE HOUSE AS QUICKLY AS POSSIBLE AND WE WERE SURPRISED TO FIND OUT THAT WE COULDN'T BUILD THE POLE BARN BECAUSE WE DIDN'T HAVE A MAIN HOUSE LARGE ENOUGH TO QUALIFY THE PULLED BARN AS AN ACCESSORY BUILDING WE DID BUT WE WERE A WHERE THIS ORDINANCE AND WE TORE IT DOWN BEFORE WE APPLIED FOR THE POLE BARN ZONING PERMIT . SO MY REQUEST IS ACTUALLY VERY SIMPLE IT'S A 34 ACRE PIECE OF PROPERTY YOU THE ZONING VARIANCE APPLICATION ASKED ME TO DESCRIBE WHAT EXTRAORDINARY AND EXTREME HARDSHIPS YOU KNOW THE LACK OF THIS VARIANCE WITH CONVEY TO THE HOMEOWNERS EXTRAORDINARY AND EXTREME OR SOME PRETTY STRONG WORDS. IT WOULD CERTAINLY BE FINANCIALLY DISADVANTAGED TAKE US TO THEM IN A BATHTUB, RENT OFF SITE STORAGE BUILDINGS TO TO YOU KNOW, STORE THE MATERIALS THAT WE PURCHASED. LOGISTICALLY THE PLOT LINE WOULD BE VERY USEFUL IN THE CONSTRUCTION OF THE MAIN. SO IT IS A HARDSHIP NOW EXTREME AND EXCEPTIONAL. I THINK THAT IT'S SORT OF IS IN LINE WITH THE NUMBER 8 AND THE VARIANCE APPLICATION AS YOU KNOW. HOW WOULD IT VARIANCE CAUSED SUBSTANTIAL DETRIMENT TO THE ADJACENT PROPERTY AND THE COMMUNITY OF THE DISTRICT AS I MENTIONED EARLIER, IT'S A LARGE PIECE OF PROPERTY AND THIS POLE BARN WOULD BE UNSEEN BY ANYBODY OFF OF THE PROPERTY YOU'D HAVE TO COME ONTO PROPERTY AND EVEN BE AWARE THAT THERE WAS A POLL

BORN THERE. >> SO IT SEEMED LIKE THE HARDSHIP IS SORT OF IN CHARACTER WITH THE DETRIMENT THAT WHERE SEEM TO BE CLOSING ON THE PROPERTY IT'S PROBABLY SEE OWNERS AGREED TO ONLY IMPACT THREE ACRES OF THIS PROPERTY SO 30 ACRES WILL BE IN A VERY CENTRAL PART OF THE BEAUFORT COMMUNITY ON MERIDIAN ROAD WILL BE BASICALLY NON

DEVELOPED FOREVER. >> THEY HAVE. SO THEIR SECURITY IS AGREED WITH THE FOUNDATION THAT THEY WON'T EVER BE BETTER FOR SALE OR ANYTHING ELSE THAT THEY'RE THEIR INTENTION IS FOR THE GOOD OF THE COMMUNITY. WE TORE DOWN THE MAIN HOUSE AGAIN IN OUR IGNORANCE BUT ONE OF THE REASONS WE WERE QUICK TO DEMOLISHED A PERFECTLY FINE HOME IS THAT THERE'S THE HOUSE HAS BEEN THERE SINCE THE 50S I BELIEVE IN THE OAK TREES ARE LARGE AND SPECTACULAR. THEY OVERHANG THE THE PRIOR BUILDING AND WE'RE TRYING TO MR. MONTGOMERY IN HAS BEEN WORKING CLOSELY WITH GUEST QUINN ASSOCIATES TO TO DESIGN A BUILDING THAT FITS INTO THE STRUCTURE OF THESE TRIGGERS. WE'D LIKE TO NESTLE IT RIGHT IN THERE LIKE THE AIR WITHOUT CUTTING DOWN ANY TREES OR LIMIT IT TO ANY GREAT DEGREE.

SO IT WAS REALLY KIND OF AN IMPORTANT TO REMOVE THAT STRUCTURE.

THE GAS QUEEN SO SHE THOUGHT INCLUDED A THUMB DRIVE IN MY SUBMITTED TO YOU GUYS AND I DON'T KNOW IF ANYBODY'S HAD AN OPPORTUNITY TO LOOK AT IT BUT GAS QUEEN BETWEEN ROB GUMTREE AND DAVID. YES. THEY'VE DONE A REMARKABLE JOB OF MOVE THE HOUSE SO THEY COULD GET IN THERE AND ACTUALLY SET UP LADDERS AND TAKE MEASURES AND ALL THEIR STUFF SO THAT THEY COULD DESIGN A HOUSE THAT ACTUALLY FIT WITHOUT DOING HARM

[01:55:03]

TO THESE SPECTACULAR TREES. SO THE THE VARIANCE THAT WE'RE REQUESTING TO MEET SEEMS VERY NON IMPACTFUL ON THE REST OF THE COMMUNITY. THERE IS ABSOLUTELY NO DETRIMENT. I THINK THAT THE PROJECT WILL DEFINITELY BE A BENEFIT TO THE ENTIRE COMMUNITY OF NEWPORT IN THAT IT HELPS TO PRESERVE THAT LARGE TRACT OF LAND IN THE VERY CENTRAL LOCATION. SO WOULDN'T SIMPLY ASKING THAT WE COULD GO AHEAD WITH BUILDING THE WHOLE BARN. THE MAIN HOUSE IS BEING DESIGNED NOW AND AS MANY OF YOU PROBABLY KNOW IT TAKES A WHILE TO DESIGN A HOUSE ESPECIALLY A HOUSE OF THIS SCOPE AND MAGNITUDE. A LARGE HOUSE WILL HAVE A SWIMMING POOL AND A POOL HOUSE . AND AGAIN WITH THE FACT THAT WE'RE TRYING TO FIT IT INTO TREES, IT'S JUST BEEN KIND OF A SLOW PROCESS AND EVEN WHEN THE ARCHITECTURAL PLANS ARE ALL DONE I MEAN WE'VE WE'VE BEEN GRANTED A ZONING PERMANENT AND THAT'S HOW FAR ALONG WE ARE THE

DESIGN OF THE MAIN HOUSE. WE KNOW WHERE IT'S GOING TO BE. >> AND WE KNOW HOW BIG IT'S GOING TO BE. WE KNOW THE SHAPE OF IT. YOU KNOW, THE OWNERS LIVE OUT OF TOWN. THEY COME TO TOWN TO WORK WITH MR. MONTGOMERY AND FINALIZING THE DETAILS AND WHEN THE DETAILS ARE FINALIZED, YES. AS YOU WELL KNOW, DID THE PLANS GO TO STRUCTURAL ENGINEERS AND WITH THE CURRENT WORKLOAD IN THE BACK ORDER THAT THEY ALL HIRED, THERE WILL BE MONTHS LITERALLY THREE OR FOUR MONTHS PROBABLY BEFORE WE HEAR BACK FROM THEM AND WE JUST TAKE THAT AT NOT BE A HARDSHIP ON ANYBODY.

IF WE COULD BUILD THIS POLE BARN AND USE IT TO FIX. HELP US BUILD THE MAIN HOUSE.

SO WE REALIZED THAT WE'RE ASKING FOR A VARIANCE BUT WE DON'T THINK THAT IT'S A VERY BIG ASK IN LIGHT OF THE ENTIRE SITUATION. AND AGAIN HAD WE KNOWN WE WOULD JUST APPLIED FOR THE ZONING PERMIT FOR FULL BLOWN BEFORE WE TORE DOWN THE MAIN HOUSE THAT WAS ALREADY THERE. NEVER IN MY WILDEST DREAMS DID I KNOW THAT IF I HAD A THIRTY FOUR ACRE PIECE OF TRACK PIECE OF LAND WITH A THOUSAND SQUARE FOOT HOUSE ON IT, I'M NOT ALLOWED TO BUILD A BARN. I MEAN IT'S JUST SURPRISED BY THAT.

I THINK MANY OF YOU PROBABLY WOULD BE TOO IF YOU BOUGHT A 34 ACRE PIECE OF TRACT AND WANTED TO BUILD A BARN ON IT AND SOMEBODY TOLD YOU YOU CAN'T SELL.

SO WE'RE HERE HUMBLY REQUESTING A VARIANCE TO THAT FOR ANY QUESTIONS.

AND OF COURSE THEY PUT UP NOT RIGHT NOW. THANK YOU.

THANK YOU, SIR. I GAVE HIM THE COUNTY DEPARTMENT STATUS THAT YOU CAN'T BUILD THE BARN. HE CAN BUILD A BARN. IT'S JUST THAT THIS SECTION OF THE CODE IS SET UP SO THAT WE DON'T HAVE STORAGE BUILDINGS AND THOSE KIND OF THINGS SITTING ON A PIECE OF PROPERTY OR BY ITSELF BECAUSE THEY ARE CONSIDERED SS THIS THIS BARN IS I THINK SEVENTEEN HUNDRED SQUARE FEET OR SOMETHING LIKE THAT.

SO THE COTTAGE THAT'S STILL THERE IT'S TOO BIG TO BE AN ACCESSORY TO THE COTTAGE.

SO I TOLD MR. CLEMENTS GO AHEAD GET THE ZONING PERMIT FOR THE MAIN HOUSE WHICH HE CAME IN AND HE GOT AND GET THE BUILDING PERMIT AND THEN ONCE YOU RECEIVE THAT BUILDING PERMIT I WOULD GIVE YOU THE PERMIT FOR THE POLE BARN AND YOU KNOW, THIS THIS SECTION OF THE CODE IS IS VERY IMPORTANT BECAUSE YOU HAVE A LOT OF PEOPLE WHO WANT TO GO OUT AND PUT SHEDS ON PROPERTIES AND AND THEN THERE'S NOTHING ELSE ON THE PROPERTY BUT THESE SHEDS AND THIS SECTION STOPS YOU FROM DOING THAT BECAUSE THEY WANT TO HAVE A PRINCIPAL STRUCTURE SO

YOU CAN HAVE AN ACCESSORY STRUCTURE. >> SO THAT'S THE VARIANCES ASKING FOR NOT TO BUILD. WELL, YES. HE'S ASKING TO BUILD THE WHOLE BARN BEFORE THE MAIN HOUSE AND LIKE I SAID, I'M WILLING TO WORK WITH HIM AND I'VE WORKED WITH HIM. I'VE GIVEN HIM THE ZONING PERMIT.

THEY JUST NEED TO GO AHEAD AND GET THE BUILDING PERMIT THEN I KNOW FOR SURE THAT IT WON'T JUST BE THIS HUGE BARN SITTING ON THERE WITH A COTTAGE AND THAT'S WHY THIS SECTION WAS AND I I DON'T SEE A HARDSHIP. HE NEEDS TO GET THE PLAN DONE, GET THE BUILDING PERMIT AND THEN COME BACK AND I'LL GIVE HIM THE PERMIT FOR HIS OLD BARN .

>> SO ONCE WE GET A BUILDING PERMIT THE COUNTY YOU HAVE ANY ISSUE WITH IT? NO, BECAUSE THEN I KNOW THEY'RE ACTUALLY WORKING TOWARDS IT. I MEAN HE'S HE'S I THINK WE'VE BEEN DOING THIS SINCE LAST YEAR AND I DON'T WANT TO ISSUE A PERMIT FOR AN ASSET RESTRUCTURE BEFORE THERE IS A PRINCIPAL STRUCTURE ON THE PROPERTY BECAUSE I HAVE TO START DOING THAT FOR EVERYONE. AND I DON'T WANT TO START DOING THAT BECAUSE I DON'T WANT A LOT

[02:00:01]

OF SHEDS. WE'RE SITTING ON VACANT PROPERTY AND NO MAIN PRINCIPAL STRUCTURE. SO THAT'S WHY I RECOMMEND THIS DENIAL BECAUSE I DON'T SEE AS HARDSHIP. HE NEEDS TO GO AHEAD AND GET WHAT HE NEEDS TO GET DONE SO HE

CAN GET HIS PERMIT FOR HIS HOME. >> AND ONCE YOU GET THE BUILDING PERMIT FOR THE HOUSE THEY CAN GO IN AND START THE WHOLE BARN.

YEAH. YEAH. BECAUSE THEN YOU'LL KNOW THAT THEY'RE WORKING TOWARDS BUILDING THE HOME AND THAT'S THAT'S ALL I ASKED FOR.

I HAVE A QUESTION. WE'VE HAD CASES BEFORE WHERE PEOPLE HAVE BUILT SOMETHING LIKE THAT WITHOUT FERMAT AND THEY'VE HAD TO TEAR IT DOWN. YEAH.

IS THERE SOME WAY WE COULD DO A CONTINGENCY THAT I UNDERSTAND HE WANTS TO GET THE PERMIT AND DO IT RIGHT? CHRISTOS HOUSE NO. BUT IF HE DOESN'T BUILD THE HOUSE WITHIN A CERTAIN PERIOD OF TIME THEN HE WOULD HAVE TO TEAR IT DOWN.

WOULD YOU BE WILLING TO DO THAT HERE TEAR DOWN A 17 HUNDRED SQUARE FOOT BUILDING? I MEAN THAT'S WHY GOING TO THAT MIGHT DO IT FAMILY. I MEAN LIKE THERE'S NO I MEAN I MEAN YOU'VE GOT NEIGHBORS TO COMPLAIN. I MEAN SOME FRIENDS AND NOBODY WILL SEE IT. IT'S ABOUT THIRTY SEVEN ACRES WOODED AND NOBODY WOULD SEE IT.

IT'S JUST THAT I WANT TO START DOING THAT RIGHT. THIS GUY AND THEN THIS GUY CAN'T GET IT. EXACTLY. SO THAT THAT'S WHY I I'M HERE.

THAT'S WHY I SAID NO, I'M NOT GOING TO GIVE YOU THE PERMIT UNTIL YOU AT LEAST TELL ME THAT YOU HAVE A BUILDING PERMIT FOR THE HOUSE THEN I CAN. I WOULD FEEL MUCH BETTER GIVING YOU THE PERMIT AFTER YOU HAVE YOUR BUILDING PERMIT. WE WERE TO GIVE IT TO HIM WITH THE IDEA THAT HE WOULD HAVE TO TEAR IT DOWN IF HE DOESN'T FILE ROOM.

HOW LONG WOULD YOU GIVE HIM TO DO THAT? I WOULD SAY CONSTRUCTION WOULD HAVE TO START IN A YEAR. YEAH, BUT IT WORKS. THAT'S WHAT YOU'RE DOING.

BUT YOU FAUCET. ANY MORE QUESTIONS FOR THE KIND OF BECAUSE I HAVE WITH MR. CLINTON OUTSIDE. YEAH I HAVE ONE MR. CLEMENTS TO MR. CLEMENS QUESTION.

ALL RIGHT. WHAT WOULD BE YOUR HOLD ON GETTING A BUILDING FROM A COUPLE OF YOUR BUILDING IN ORDER TO GET TO APPLY FOR A BUILDING PERMIT COMPLETED PLANS AND YOU NEED STRUCTURAL DRAWINGS AND SO WE'RE MONTHS AWAY FROM FROM THAT.

IF WE HAD THOSE TODAY WE WOULD APPLY FOR THAT. BUT WE DON'T HAVE WHAT WE NEED FOR AN APPLICATION FOR BUILDING PERMIT. YOU HAVE THAT COMPLETED? WELL, YOU DON'T HAVE TO HAVE ALL THE KITCHEN DETAILS SO YOU KNOW BUT YOU HAVE TO HAVE STRUCK BACK. THANK STRUCK SOME OF US. YEAH.

YOU KNOW THAT THE STRUCTURAL ENGINEERS WE JUST AFTER FARTS ARE THEY BLEEP HEIGHT AND

WEIGHT REALLY QUICKLY AND THEY COULD WORK FASTER. >> YEAH.

YEAH, YEAH. CYRILLIC WHEN YOU ANTICIPATE HAVING THIS COMPLETED WHERE YOU CAN APPLY FOR THE BUILDING PERMIT. DO YOU HAVE ANY DAY HERE TWO MONTHS THREE MONTHS JUDY. THREE DOWN TO THREE AND THAT INCLUDES DREADFUL GROANING ED SO WE GAVE YOU THE VARIANCE YOU SAID SIX MONTHS YOU COULD MEET THEM.

ANY THOUGHTS ON. I JUST A ZERO. WHAT IS THIS ABOUT THIS FENCE HERE? YOU BROKE IT. THINK OF THIS COMES.

IS THERE ANY PUBLIC HERE OR PUBLIC? THERE'S ONE I GUESS THERE'S KEVIN DUKES. THAT'S RIGHT. YES.

SEAN. I JUST. MY NAME IS KEVIN DUKES.

I'M ACTUALLY THEIR NEIGHBOR AND. YEAH.

THEY DIDN'T ASK ME BEFORE I WAS ANOTHER MATTER BUT I SAW THEM ON HERE.

MY WIFE IS GONNA KILL ME BECAUSE I THOUGHT I WAS GONNA BE BACK BY SIX AND NOW HOW MUCH LATER? BUT I'M THE CLOSEST HOUSE TO THEM.

HAVEN'T BURNT MY HAIR FOR SOME TIME. I LIVE IN BERT MEYER 30 BAHT MY DRIVE AND JUST RIGHT ACROSS A LITTLE SLU IS WHERE THEY'RE GOING TO BE BUILDING THIS.

IT'S A HUGE PIECE OF PROPERTY. I'VE REVIEWED THE CONSERVATION EASEMENT ON THE PROPERTY.

IT ALLOWS FOR THESE TYPES OF USES. I'M NEVER GONNA SEE THIS THROUGH THERE. NOBODY FROM THE ROADS EVER GONNA SEE THIS THROUGH THERE.

AND SO I JUST WANTED TO TAKE THE OPPORTUNITY TO SAY THAT I THINK THIS IS PROBABLY A GREAT CHANCE. YOU KNOW, JUST TO USE A LITTLE COMMON SENSE AND YOU KNOW, GET THROUGH THIS AND IT'S NOT GONNA HAVE ANY EFFECT ON THE NEIGHBORS.

AND AND I THINK THAT IT'S GREAT WHEN THEY'RE DOING THIS. YEAH.

GOOD USE OF THE PROPERTY. THAT'S WHAT I THINK. THANK YOU.

MORE PUBLIC COME CLOSE. PUBLIC COVET . BUT THAT BEING SAID, I THINK WE GET ENOUGH INFORMATION TO MOVE FORWARD ON THIS. SO I WOULD LIKE TO MAKE MOST OF THEM QUITE SURE THEY ARE GOING TO BE SOME CONDITIONS ON THIS.

I MEAN IT SEEMS LIKE THEY SAID THAT TWO TO THREE MONTHS YOU CAN HAVE THIS BUILDING PERMIT.

[02:05:05]

I MEAN IF YOU WANT TO BE RELAXED, GIVE THEM A LITTLE BIT MORE.

GUYS LIKE TO IMPROVE GIVEN THE INFIRMITIES OF FRUIT WITHIN SIX MONTHS.

THAT'S PRETTY TIGHT. YEAH, THAT DOESN'T GIVE THEM A YEAR.

THIS IS TO PROVE THE VARIANCE TO CONSTRUCT THE BULL BARN PRIOR TO THE BUILDING PERMITS BUT THEY HAVE A RESTRICTED PERIOD OF SIX MONTHS THEY'D HAVE TO TAKE ACTION.

AND IF THIS WELL I GUESS I'LL SECOND IT. SO THERE'S BEEN A MOTION TO APPROVED OF VARIOUS PLACES AND MOTION TO APPROVE THE VARIANCE WAS GIVING THEM SIX MONTHS TO HAVE THE BUILDING PERMIT IN HAND IF NOT YOUR BOTH PAUL BOND WILL BE DEMOLISHED AND THAT'S WHAT YOU AGREED TO. SO IS IS A MARKET THAT'S MOSTLY BEEN PROPERLY MADE.

IS THERE A SECOND? YEAH. SO PROPERTY.

WHO'S THE SECOND? NO, NO I'LL SELL YOU SECOND. SO AS BEEN PROBABLY MADE A SECOND ALL IN FAVOR OF GRANTING THE VARIANCE SIGNIFY BY RAISING YOUR HAND SPEAKER GRANT ONE

APPLICATION BUILDING PLANS AND SUCH AGAIN. >> SOMETIMES THE BUILDING BUILDING DEPARTMENT ITSELF A BIT OVERWHELMED. BUT IF WE DON'T HAVE A PERMANENT WITHIN SIX MONTHS. BUT WE'VE EXHIBITED GOOD FAITH EFFORTS THAT WE'RE PURSUING WHAT IS RAPIDLY HARTLEY AGAIN THAT YOU'VE SUBMITTED SUBMITTED IT, YOU SUBMITTED IT, IT CAME BACK FOR AN EXTENSION. OK. I'LL SHARES ARE MADE AND IT'S FINISHED SINCE IT AND HILLARY WILL WORK WITH YOU YOUR PROBABLY LIKE THIS.

ALL RIGHT. >> WE HAVE NO REASON BECAUSE I MEAN GOVERNMENT PLANNING NOT FOR THE WHOLE. I'LL AVAILABLE THIS THAT SINCE .

THAT'S WHAT WE JUST DID. YES, MA'AM. >> THANK YOU.

[26. Mr. Anthony Heyward is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 54 Alston Road, Ladys Island. The property is zoned T2-Rural Neighborhood (T2-RN).]

ALL RIGHT. WE'LL PLAY WITH 26. ANTHONY HAYWOOD IS THE QUESTION ESPECIALLY PERMIT FOR LOGGING SHOT TO ROMAN UNIT COUNT MOVE IT UP.

>> MY NAME IS ANTHONY HAYWARD. I'M HERE FOR A SPECIAL PERMIT FOR SHORT TERM RENTAL ON MY PROPERTY 54 ALSTON ROAD A LADY'S ISLAND. MR. HAYWARD, IS THERE A COVENANT WITHIN THAT NET EVERY METRO IN I'M QUITE SURE YOU'VE MET ALL OF THE REQUIREMENTS FOR ESPECIALLY USE YOU WILL BE MANAGING PROPERTY THAT WITH PUPPETS SEEING APEX REALTY.

OKAY. I'M GOING TO COME DOWN AND VISIT JUST EVERY SO OFTEN.

MY GRANDCHILDREN. >> SAID I'M HERE FOR STEPHANIE .

YES. SO IT'S. THERE WERE SEVERAL LETTERS WRITTEN TO US THAT SO YOU'RE SORT OF RIGHT THERE ON THE CORNER OF ELSTON AND SANDS POINT WARNER. NO, NO, NO. IT'S NOT IN CORNERS.

ARE THERE ANY INDIVIDUAL THAT OH OK. ALL WE GOT TO PUT THESE SOME MAY NOT HAVE SEEN IS HOW MANY HOW MANY PEOPLE DO EXPECT TO BE THERE ON ANY GIVEN TIME MATCH THE FIVE MAX AND FIVE PROBABLY HAVE. YEAH THEY DO HAVE SOME ANSWERS

[02:10:04]

ON THE APPLICATION ITSELF AT THE BOTTOM OF THIS EXCUSE. THERE'S JUST A LOT OF PAPERWORK BEFORE. SO WE DON'T GRAB THESE ALONG WITH THE COUNTY OR THE CITY.

I SEE ON YOUR APPLICATION THREE BEDROOM TWO BACK TO BACK. OKAY.

YOUR MAX. NO. THIS IS FIVE OR STANDARD MORE QUESTIONS. THANK YOU. THEY WERE RECOMMENDED APPROVAL

ME THIS YEAR. >> THIS IS STUFF YOU GUYS RECOMMENDED APPROVAL FOR THIS.

I MEAN YOU'D LIKE TO SEE ANYTHING. NO RESTRICTIONS SO THANK YOU.

IS THERE ANY PUBLIC COMMENT FOR THIS TO BE CLOSED? PUBLIC COMMENT? WITH THAT BEING SAID, WE CAN MOVE FORWARD. I GUESS I WANT MOTION.

I'LL MAKE A MOTION THAT WE GO THROUGH THE SHORT TERM ROUND. I COULD USE THAT'S NOT GOING TO BE MADE TO IMPROVE THE SHORT TERM RENTAL EXPRESS USE PERMIT. THAT'S PROBABLY MADE A SECOND ALL IN FAVOR OF APPROVING THIS ESPECIALLY USED FOR MISSING THE REASON YOU HAND IT'S BEEN GOOD SO THAT'S BEEN APPROVED. ALL RIGHT. NO, WE'RE DONE.

YOU'RE DONE AFRICA OR A BOOM WALKER HERE IS THE OH BUSINESS NO BUSINESS A GERMAN MOVE WE ADJOURN THE SECOND YOU MADE US TAKE IT ALL A.

* This transcript was compiled from uncorrected Closed Captioning.