Sep 22, 2022 Zoning Board of Appeals

SORRY.

OH, THAT'S OKAY.

WELL, ONE OF THOSE EMAILS SAID ATTACHMENTS, BUT THERE WASN'T NOTHING ATTACHED.

THAT MIGHT BE THE ONE.

AND I MEANT TO CALL YOU .

SO, SO, WE'LL, WE'LL, WE'LL DO THE MINUTES NEXT MONTH.

SORRY.

SO,

[8. Ms. Sharon Holmes is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 151 Seaside Road, St. Helena Island. The property is zoned T2-Rural (T2R).]

OUR FIRST, UM, APP CLINIC NUMBER EIGHT.

HOW ARE YOU? I'M GOOD.

I DON'T HAVE ANY QUESTIONS EXCEPT TO KNOW, UM, WHEN, HOW WOULD Y'ALL NOTIFY ME? I GET MY PERMIT OR NOT? PARDON MY, WHEN I WOULD GET MY, UM, PERMIT? WELL, WHAT WE'LL DO IS, UM, WE'LL LOOK AT YOUR APPLICATION AND I BELIEVE IT'S A COMPLETE APPLICATION.

AND THEN, UM, I DON'T, THE QUESTION ON WHEN WILL BE AVAILABLE, WE FIRST HAVE TO VOTE TO APPROVE THE SPECIAL USE.

, AND THEN THE, THE COUNTY WILL MOVE FORWARD ON IT THEN.

SO DOES ANYBODY ON THE BOARD HAVE ANY QUESTIONS FOR MS. HOLMES? I SO YOU HAVE THREE BEDROOMS WITH SEVEN GAS? YES.

AND YOU'LL BE MANAGING THE PROPERTY OR DO YOU HAVE A MANAGER TO DO THAT? I WILL BE MANAGING IT.

CAUSE I, I STAY AT MY HOME WHEN IT'S NOT RENTED OUT.

SO IT IS YOUR PRIMARY RESIDENCE? YES.

OKAY, GREAT.

DOES ANYBODY HAVE ANY OTHER QUESTIONS OF MS. HOMES? NO.

DOES THE COUNTY HAVE ANY? NO.

SHE PROGRAM.

ANY QUESTIONS OF THE COUNTY? NO.

DO I HEAR A MOTION? I MAKE A MOTION THAT WE APPROVE THE, UH, SHORT TERM RENTAL, UH, SET FORTH IN THE GUIDELINES OF DIVISION 7.2, 0.1 30 DELTA OF THE COMMUNITY DEVELOPMENT CODE.

IS THERE A SECOND? A SECOND.

SECOND.

ALL IN FAVOR? ALL YOU'RE APPROVED.

SO, HILLARY, WHAT'S THE PROCESS FOR MS. HOLMES AFTER THIS? I DO THE PERMITS AND THEN I WAIT FOR THE SIGNATURE FOR THE ORDER.

AND THEN I'LL MAIL THEM OUT ONCE I GET THE SIGNATURE.

SO I'LL CALL YOU WHEN THE DECISION WAS READY.

[00:05:06]

OUR NEXT ITEM IS MS. JORDAN IS REQUESTING A SPECIAL USE PERMIT.

[10. Ms. Fatimah Jordan is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 26 Richard Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

BUT I AM SPEAKING ON HER BEHALF.

, WHO ARE YOU? OH, I APOLOGIZE.

MY NAME IS YVETTE WILSON.

AND SO YOU HAVE A SPECIAL USE.

SO MS. JORDAN, UH, LIVES IN NEW JERSEY.

NEW JERSEY? YES.

SO WILL YOU BE MANAGE? WE'RE PARTNERS.

WE'RE PARTNERS.

WILL YOU BE MANAGING THE YES.

PROPERTY? YES.

AND YOU LIVE LOCALLY? YES, I DO.

HERE IN FOR AND HOW MANY? HOW MANY? THAT'S A LOT.

WELL, WE HAVE FIVE BEDROOMS. OKAY.

EACH BEDROOM WOULD HAVE THE FIVE BEDROOMS. ACTUALLY WE HAVE SIX BEDROOMS, BUT FIVE OF THEM HAVE 10 BEDS TO EACH.

OH, OKAY.

AND THEN ONE OF THEM IS LARGE ENOUGH TO PUT TWO QUEENS IN.

SO THAT'S A TOTAL OF FOUR.

DOWN TO NUMBER 12 WHERE, UH, MR. MRS. AKT ARE REQUEST ANY OF SPECIAL USE.

AND THEN WE ALSO HAVE A PULLOUT COUCH WITH A SOFA IN THAT ALSO FOR ANYBODY THAT'S DISABLED AND DON'T WANNA GO UP THE STAIRS OR WHAT HAVE YOU.

OKAY, GREAT.

UM, DOES ANYBODY HAVE ANY QUESTIONS FOR MS. WILSON? DOES THE, WOULD THE COUNTY LIKE TO COMMENT? YOU RECOMMEND APPROVAL? DOES ANYBODY HAVE QUESTIONS FOR THE COUNTY? DO I HEAR A MOTION? I MOVE THAT WE ACCEPT THIS APPLICATION FOR A VARIANCE.

SPECIAL USE.

I SECOND IT.

ALL IN FAVOR? OPPOSED? THANK YOU.

YOU'RE, YOU'RE WELCOME.

OKAY, SO MOVING RIGHT ALONG.

WE ARE DOWN

[12. Mr. & Mrs. Christian Avart are requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 41 Sea Pines Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

WOULD YOU LIKE TO COME FORWARD GOOD.

EVEN A MATTER MATERIAL? MY NAME IS KEVIN DUKES, THE LAW FIRM OF HARVEY AND BAT, AND I'M HERE ON BEHALF OF AVAS, UH, REPRESENTING THEM IN THIS PERMIT APPLICATION.

UH, THE PROPERTY THAT WE'RE LOOKING AT IS, UH, LOCATED AT 41 C PINES DRIVE.

IT'S A FIVE BEDROOM, THREE BATHROOM HOUSE ON ABOUT 2.3 ACRES OF PROPERTY.

UM, THE PROPERTY WHEN, UM, THE AVERTS PURCHASED, IT WAS, UH, SEARCHED BY, UH, THE FIRM OF CAROLINA ABSTRACTING SERVICES, WHICH SOME OF YOU MAY BE FAMILIAR WITH.

A VERY REPUTABLE, UM, UH, ABSTRACTING AGENCY THAT'S BEEN IN BAUER COUNTY FOR A LONG TIME.

I THINK OVER 30 YEARS.

ABSTRACTING TITLES, UH, THAT WAS REVIEWED AND, UM, AGREED THAT THERE ARE NO COVENANTS AND RESTRICTIONS ON THE PROPERTY BY MS. CAITLIN REED, WHO IS A LOCAL REAL ESTATE ATTORNEY HERE IN BEAUFORT.

I, MYSELF HAVE ALSO, UH, REVIEWED THAT ABSTRACT AND ALSO LOOKED FURTHER IN TO SEE IF THERE WAS ANY OTHER REFERENCES TO ANY COVENANTS RESTRICTIONS.

THERE ARE NO COVENANTS AND RESTRICTIONS ON THIS PROPERTY.

UM, THERE ARE SOME EASEMENTS, UH, BUT AS FAR AS COVENANTS AND RESTRICTIONS AGAINST THE USE, THERE ARE NONE.

UM, AND I THINK THAT'S IMPORTANT.

I THINK I ANTICIPATE THAT SOME OF THE PUBLIC COMMENT MAY, YOU KNOW, RAISE THAT ISSUE.

THIS IS IN THE COFFIN POINT AREA.

UM, Y'ALL MAY BE AWARE THAT COFFIN POINT IS KIND OF A HODGEPODGE OF DIFFERENT COMMUNITIES THAT HAVE BEEN, UH, DEVELOPED OVER TIME.

COFFIN POINT IS A GENERAL DESIGNATION AND NOT JUST A, A NEIGHBORHOOD IN ITSELF.

SO, UM, OVER THE COURSE OF THE LAST 50 OR 60 YEARS, THERE HAVE BEEN LITTLE DEVELOPMENTS WHICH HAVE HAD COVENANTS AND RESTRICTIONS ALL OVER THE PLACE.

SO THERE, THERE ARE CHANCES THAT SOME PEOPLE MAY HAVE COVENANTS AND RESTRICTIONS ON THEIR PROPERTY, THAT THAT MAY BE VERY CLOSE TO THIS PROPERTY.

UH, BUT THIS DOES NOT.

SO I WANTED TO START AND MAKE THAT VERY CLEAR THAT, UM, AGAIN, TWO LOCAL REAL ESTATE ATTORNEYS HAVE CONFIRMED THAT THERE ARE NO VIA COVENANTS AND RESTRICTIONS, AS WELL AS THE SEARCH BEING DONE BY THOSE VERY REPUTABLE, UH, TITLE ABSTRACTERS.

I DO HAVE A COPY OF THAT ABSTRACT IF, IF WE NEED IT.

UH, BUT I DON'T THINK WE WILL NECESSARILY.

UM, IN ADDITION TO THAT, I WANTED TO POINT OUT, MS. AORT ASKED ME TO, TO POINT OUT THAT SHE'S BEEN, UH, RENTING THIS PROPERTY AS A SHORT TERM RENTAL FOR SOME TIME.

SHE'S NEVER HAD ANY ADVERSE COMPLAINTS.

UH, SHE DOES HAVE A LOCAL PROPERTY MANAGER WHO'S HERE TONIGHT, UM, IF, IF HE NEEDS TO BE HEARD FROM.

BUT, UH, HE'S

[00:10:01]

MANAGED THE PROPERTY FOR A LITTLE OVER A YEAR NOW.

HE'S REACHED OUT TO THE NEIGHBORS ON EITHER SIDE.

THEY HAVE HIS CONTACT INFORMATION SO THEY KNOW WHO LOCALLY TO GET IN TOUCH WITH, IF THERE ARE ANY ISSUES, IF SOMEBODY'S BEING LOUD, IF THERE'RE TOO MANY CARS OR ANYTHING LIKE THAT.

UM, IN ADDITION, SHE'S TAKEN GREAT STRIDES TO IMPLEMENT CERTAIN HOUSE RULES AS FAR AS HOW TO USE THE PROPERTY, YOU KNOW, AFTER A CERTAIN PERIOD AT NIGHT, NINE 30, NOT TO MAKE ANY LOUD NOISES.

AND THEN NOT BEFORE EIGHT O'CLOCK IN THE MORNING.

SHE'S ALSO, UH, MADE CLEAR TO, UH, HER GUESTS THAT, UM, THEY SHOULD DRIVE AT THE SPEED LIMIT OF 25 MILES AN HOUR BECAUSE THE ROADS ARE, UM, ARE DIRT ROADS AND THAT CAUSES PROBLEMS JUST WITH THE NATURE OF THE ROADS AND ALSO A LOT OF DUST FOR THE SURROUNDING PROPERTY OWNERS.

AND SO SHE REALLY HAS TAKEN A LOT OF, UH, OPPORTUNITY TO TRY TO MAKE AS LITTLE IMPACT ON THE COMMUNITY AS POSSIBLE.

HER PROPERTY MANAGER REACH OUT TO THE DIRECT NEIGHBOR.

SHE IS ALSO, WHEN, WHEN THIS SIGN WAS POSTED, SHE POSTED A LETTER TO THE NEIGHBOR.

SHE ALSO ATTEMPTED TO SEND THAT LETTER TO, UH, OTHER NEIGHBORS THROUGH A NEIGHBORHOOD GROUP, UM, THROUGH FACEBOOK.

UM, SHE WAS UNABLE TO DO THAT CUZ SHE WAS UNABLE TO GET INTO THAT GROUP.

BUT SHE HAS TRIED TO REACH OUT TO THE, TO THE IMMEDIATE COMMUNITY TO MAKE SURE THAT, UM, THE IMPACT, UH, IS MINIMIZED IF THERE IS ANY.

UM, I THINK THAT, UH, ALL OF THE NECESSARY DOCUMENTS HAVE BEEN PROVIDED, UH, TO THE STAFF.

AND, UM, THE APPLICATION IS COMPLETE.

THERE'S BEEN A REVIEW, UM, OF BOTH THE SAFETY CHECKLIST, THE FIRE SAFETY, UH, PLAN, AND, UH, WE'VE ALSO HAD SEPTIC SYSTEM INSPECTED.

UM, THE SEPTIC, UH, TANK AND FIELD WERE INSPECTED BY DELO, WHO'S SURE Y'ALL ARE AWARE OF THEM.

, THEY'RE REPUTABLE, UH, COMPANY LOCALLY.

AND THEY, THEY FOUND THE SYSTEM TO BE OPERATIONAL AND GOOD.

YOU OUTSTANDING.

AND AGAIN, THIS IS 2.3 ACRES OF PROPERTY, SO WE DON'T HAVE STUFF RIGHT NEXT TO, YOU KNOW, OTHER INDIVIDUALS, YOU KNOW, PROPERTY.

SO, UM, WITH THAT I WOULD, YOU KNOW, HAPPY, BE HAPPY TO ANSWER ANY QUESTIONS.

UM, BUT I DO THINK THAT, UM, THIS IS ALLOWED IN THIS AREA AND, AND THE OWNER REALLY HAS TAKEN GREAT STRIDES TO MAKE SURE THAT ANY IMPACTS ON THE COMMUNITY ARE MINIMIZED.

DO, DO Y'ALL HAVE ANY QUESTIONS OF THE APPLICANT? YEAH, I, I DO HAVE ONE.

YES, SIR.

IS THIS, IS THIS FROM YOU? THAT IS, NO, SIR.

THAT IS ACTUALLY THE LETTER THAT WAS, UM, ACTUALLY POSTED ON THE POSTING OF THE SIGN FROM, UH, THE OWNER TO THE LOCAL COMMUNITY.

THAT'S THE SAME LETTER SHE WANTED TO SEND OUT VIA FACEBOOK.

WAS THERE ANY RESPONSE THAT YOU KNOW OF? NO SIR.

THAT POSTING? NO, SIR.

I, I, TO BE HONEST, I DON'T KNOW HOW MANY PEOPLE SAW IT BECAUSE SHE WAS UNABLE TO SEND IT OUT AND IT JUST WENT ON THE SIGN.

BUT, UM, BUT SHE'S NOT HAD ANY SORT OF RESPONSES.

ANY OTHER QUESTIONS OF THE APPLICANT? WOULD THE COUNTY LIKE TO COMMENT? WE WANNA AMEND APPROVAL.

UM, I DON'T LIKE TO SAY THIS, BUT I DID GO LOOKING FOR EVIDENCE RESTRICTIONS ON THIS LOT AND I COULDN'T FIND ANY, SO I DON'T JUST TAKE THE WORD FOR IT.

UM, SO WE HAVE, UM, THANK YOU.

SO WE HAVE, UM, BARRY FITZGERALD WHO WOULD LIKE TO MAKE A COMMENT.

YOU HAVE THREE MINUTES.

GOOD AFTERNOON.

MY NAME IS BARRY CHARLTON.

I'M THE OWNER OF IRI VACATION SOUTH CAROLINA SEA ISLANDS.

UH, AND I AM ALSO THE PROPERTY MANAGER IN CHARGE FOR THE PROPERTY AT, UH, 41 C PINES.

UM, I JUST WANTED THE MENTION A COUPLE OF THINGS, UH, REGARDING THIS PARTICULAR PROPERTY AND THE OWNER, UM, THIS PROPERTY A AS, UH, UH, KEVIN HAD MENTIONED, UH, I DID, UH, AS I TYPICALLY DO, ANYTIME I HAVE A PROPERTY, I RE TRY TO REACH OUT TO THE, UH, IMMEDIATE, UM, PROPERTY OWNERS.

UH, I DID, WAS ABLE TO ACTUALLY SPEAK DIRECTLY TO, UH, THE, THE ONLY TRUE A BUTTER I THINK OF THE PROPERTY.

AND GIVEN THAT INDIVIDUAL MY CARD ALONG WITH INSTRUCTIONS TO PLEASE CALL ME AT ANY TIME, UH, OWNERS, WHEN THEY HIRE A PROFESSIONAL PROPERTY MANAGER, EXPECT THE PROPERTY MANAGER TO TAKE CARE OF ISSUES AND, YOU KNOW, SO THAT THEY DON'T HAVE TO.

SO THAT'S ONE OF THE REASONS WHY, YOU KNOW, I, I TRY TO, UH, BE AS, UH, PROACTIVE AS, AND AS RESPONSIVE AS I POSSIBLY CAN, UH, JUST TO CUT OFF ANY ISSUES.

AND SO THAT, YOU KNOW, UM, AS A SERVICE TO THE OWNER.

THE OTHER THING I JUST WANTED TO MENTION BRIEFLY IS THIS, THIS IS NOT A TYPICAL, AND I HAVE, UH, PROBABLY 35 PROPERTIES WITHIN THE AREA.

THIS IS NOT A TYPICAL RENTAL, UM, IN, IN THAT IT IS NOT A

[00:15:01]

WHILE.

IT'S TRULY, I GUESS IT'S AN ABSENTEE OWNER ONLY BY DEFINITION, THIS PARTICULAR OWNER SPENDS QUITE A BIT OF TIME, UH, AT THIS PROPERTY.

UM, THEY PROBABLY 50% OF THE TIME THAT, UH, IS AVAILABLE TO BE RENTED IS ACTUALLY, UH, TAKEN UP BY THE OWNER, UH, AND THEIR FAMILY WHO, UH, FROM, YOU KNOW, WHAT I'VE BEEN, UH, TOLD, UH, WHO ARE PLANNING TO EVENTUALLY MOVE HERE FULL TIME AND, AND ENJOY IT.

UM, AT, AT THAT POINT, UH, THE PROPERTY IS, IS, UM, NOT ADVERTISED AS PET FRIENDLY.

SO WE DON'T HAVE, THERE ARE NO, SHOULDN'T BE ANY COMPLAINTS ABOUT ANIMALS OR PETS.

AND IF THERE ARE CLEARLY THEN THAT'S A VIOLATION OF THEIR TENANT AGREEMENT AND WE WOULD CERTAINLY DEAL WITH THAT APPROPRIATELY.

UM, THE TYPICAL GUEST WE HAVE IN, IN THIS PARTICULAR PROPERTY IS, UM, OUR, UH, MARINE CORPS FAMILIES COMING IN FOR MARINE CORPS GRADUATIONS.

SO, YOU KNOW, THE, THE TYPICAL TIME THAT THEY ARE IN THE PROPERTY.

AND I, AND I HAVE A LOT OF PROPERTIES, AS I SAID IN BEAUFORT AS WELL.

AND IT'S VERY SAME FOR, VERY SIMILAR FOR THOSE, UH, FOR THOSE GUESTS THAT THEY ARRIVE LATE WEDNESDAY.

THEY, YOU KNOW, THEY'RE ALL DAY THURSDAY AT A FAMILY DAY, ALL DAY FRIDAY AT THE GRADUATION.

AND THEN FOR THE MOST PART THEY'RE, UH, THEY'RE PACKING UP AND GOING HOME ON SATURDAY.

SO, UH, AGAIN, I HAVE YET TO, UM, UH, HEAR OF ANY ISSUES THAT HAVE BEEN BROUGHT TO MY ATTENTION, UH, REGARDING THE PROPERTY OR ANY OF THE GUESTS THAT HAVE BEEN STAYING THERE.

AND AS I SAID, UM, I AM, YOU KNOW, I AM LOCAL.

I LIVE HERE LOCALLY.

UM, MY ME OR MY TEAM, SOMEONE ON MY TEAM IS GENERALLY, UH, DRIVES BY THAT PROPERTY AT LEAST ONCE A WEEK WHEN WE HAVE GUESTS THERE.

AND WHEN WE DON'T HAVE GUESTS THERE, I HAVE AN OBLIGATION, UH, TO MY, UH, TO THE HOMEOWNERS TO CHECK ON THE PROPERTY AND INSPECT THE PROPERTY, WHETHER IT'S, WHETHER, WHETHER I HAVE GUESTS IN IT OR NOT.

SO, UM, THAT'S, UH, BASICALLY ALL I WANTED TO SAY AND, AND ANY QUESTIONS OR I DON'T GET QUESTIONS FOR PUBLIC COMMENT.

I AM NOT A GOOD SPEAKER, BUT I HAVE LIVED IN COFFIN POINT PLANTATION SINCE 2001.

I BOUGHT THERE SPECIFICALLY BECAUSE IT WAS RESIDENTIAL AND IT WAS NOT, UM, SUBJECT TO SHORT TERM RENTALS.

I THINK THE MINIMUM AMOUNT OF, UM, OCCUPATION WAS SIX MONTHS.

UM, I DON'T KNOW WHETHER THIS PROPERTY IS IN THE PLANTATION BECAUSE WE HAVE NOT BEEN GIVEN ANY OF THAT INFORMATION.

UM, I AM A FULL TIME PERSON HERE.

AND AGAIN, IF I HAD WANTED TO BE AROUND RENTALS, I WOULD'VE GONE TO F OR HARBOR ISLAND.

BUT I'VE BEEN HERE SINCE 2001.

AND MORE OF THESE ARE TRYING TO ENCROACH INTO OUR AREA THAT IS SPECIFICALLY SUPPOSED TO BE A RESIDENTIAL COMMUNITY.

AND UM, UH, AGAIN, I WOULD JUST SAY THIS IS GOING TO SET A REALLY BAD PRECEDENT THAT OTHER, MORE AND MORE OF THEM WILL BE ALLOWED IF THAT IS IN THE PLANTATION.

AND AGAIN, THE ATTORNEY HAS SET, THERE ARE AREAS THAT ARE NOT WITHIN COFFIN POINT PLANTATION, SO I WOULD JUST ASK THE COMMITTEE TO HOLD IT OVER UNTIL WE CAN ACTUALLY DETERMINE WHETHER OR NOT IT IS IN THE PLANTATION.

WE'VE NOT BEEN GIVEN ANY INFORMATION.

I DON'T DO FACEBOOK, I'M SORRY, I HAD NO IDEA THAT THIS WAS EVEN GOING ON UNTIL TWO O'CLOCK THIS AFTERNOON.

BUT I FEEL VERY, VERY, UM, STRONGLY AGAINST HAVING SHORT TERM RENTERS COME IN.

WE DON'T KNOW WHO THEY ARE, WE DON'T KNOW WHO THEY'RE BRINGING WITH THEM.

AND LIKE I SAID, THIS HAS BEEN A RESIDENTIAL COMMUNITY TOTALLY FOR THE 20 SOME YEARS THAT I HAVE BEEN HERE.

AND, AND IT, THIS IS NOT THE FIRST ONE THAT WE HAVE HAD TO TRY TO STOP.

THEY'RE NOT COLLECTING.

UM, I HAVE ACTUALLY BEEN A REAL ESTATE LICENSED REAL ESTATE BROKER FIRST IN NORTH CAROLINA SINCE 1978 AND A LICENSED REAL ESTATE BROKER HERE IN SOUTH CAROLINA.

AND IT IS THE OWNER'S RESPONSIBILITY WHETHER THERE IS A TITLE SEARCH OR NOT, TO KNOW WHETHER THERE ARE COVENANTS AND RESTRICTIONS ON THE PROPERTY THAT YOU PURCHASE.

NOW THOSE OF US THAT OWN IN COFFIN POINT PLANTATION I THINK DESERVE THE TIME TO DETERMINE WHETHER OR NOT THIS IS WITH, BUT THANK YOU MS. KING.

YOUR TIME IS UP.

THANK YOU VERY MUCH.

I APPRECIATE YOU LAYING.

UH, MR.

[00:20:02]

APRIL ABATE ABEY ABATE.

SO WE MOVED HERE FROM MARYLAND AND WE OWN A SUBSTANTIAL PIECE OF PROPERTY IN THERE.

WE JUST BOUGHT.

AND THE REASON WE BOUGHT IN HERE IS A PRIVATE COMMUNITY.

NOW I KNOW THAT THEY'RE TRYING TO SELL THIS AS THE MILITARY FAMILIES COME IN AND THAT'S WHO'S RENT THIS PROPERTY.

BUT THERE'S NO GUARANTEE THAT THAT'S WHO'S GONNA BE THERE.

THE NEIGHBORHOOD WE MOVED HERE FROM HAD THE SAME ISSUE WITH VR, BS, AND SHORT TERM RENTALS.

CRIME WENT UP, WE HAD PEOPLE GOING THROUGH OUR SHEDS, WE HAD TRASH ALL OVER.

PEOPLE SAY THEY'RE SO FAR, THEY'VE HAD NO COMPLAINTS.

WELL SO FAR THE BEACHES DOWN THERE ARE STARTING TO COLLECT MORE TRASH.

THEY HAVE THE TURTLES THAT HEADLIGHTS OFF ALL THESE PEOPLE COMING IN.

DO THEY KNOW THE RULES? I DON'T THINK SO.

SO I THINK WE NEED TO STEP BACK BEFORE WE MAKE A DECISION ON THIS.

I REALLY WOULD EMPLOY YOU.

PLEASE LET'S LOOK AND MAKE SURE THAT THIS IS OR ISN'T IN THE COMMUNITY BECAUSE THERE IS, I SENT THEM OVER TO HILLARY.

THERE IS COVENANTS IN THAT NEIGHBORHOOD.

A LOT OF THEM.

THE MAIN ONE THOUGH, OUT OF ALL OF 'EM THAT REALLY MATTERS IS EXACTLY THAT.

SHORT TERM RENTALS.

IT'S A BIG CONCERN FOR ALL OF US.

I HAVE A LOT OF MONEY AND A LOT OF INVESTMENT IN THIS PLACE RIGHT NOW BECAUSE IT WAS QUIET AND PEACEFUL.

I DON'T THINK WE WANT TO SEE THIS.

UM, I KNOW THAT THEY'RE TALKING ABOUT HOW IT'S MIGHT NOT BE PART OF THE COMMUNITY.

WELL, WE MAINTAIN THE ROADS IN THERE.

C PINES IS ONE OF 'EM.

COUNTY DOESN'T DO THAT.

THAT'S US.

IT'S PART OF THE NEIGHBORHOOD.

WE MAINTAIN THE, THE ACCESS TO THE BEACHES, ALL THAT STUFF IS, IT FALLS UNDER US AND NOBODY ELSE IS PAYING FOR THAT.

I REALLY DON'T WANT TO DEAL WITH SHORT TERM PEOPLE COMING IN WHO REALLY HAVE NO RESPONSIBILITY TO THE AREA RESPONSIBILITY OF THE PROPERTY.

THE PROPERTY OWNERS CAN'T BE THERE 24 7 THINGS ARE GONNA HAPPEN.

THINGS ARE GONNA PICK UP.

I'VE SEEN IT ALREADY.

EVERYBODY'S ARGUED THIS POINT IN MARYLAND AND THE SAME EXACT THING HAPPEN THE MORE YOU START OPENING THE COMMUNITIES.

AND I JUST PULLED UP ON MY PHONE FOR THE HECK TO SEE WHERE THIS WAS.

CUZ AGAIN, WE JUST FOUND OUT THERE'S ADVERTISEMENTS IN A NEIGHBORHOOD.

IT'S ILLEGAL TO HAVE THESE THINGS, BUT THERE'S ADVERTISEMENTS FOR SEA ISLAND, PRESTON, TIDES, ALL THESE PLACES YOU BED AND BREAKFAST AND RENTALS IN THERE.

SHORT TERM STUFF, THEY'RE NOT EVEN SUPPOSED TO BE IN THERE, BUT THEY ADVERTISE FOR 'EM.

THAT'S THE FIRST STEP.

ONCE THIS GETS APPROVED, THAT'S THE FIRST STEP FOR ALL THESE OTHER PEOPLE TO START COMING IN AND CHANGE THE COVENANTS AND ALL THE STUFF WE'VE HAD IN THERE FOR PRIVATE COMMUNITY IS GONNA BE OUT THE WINDOW.

NOW WE'RE ALL GONNA BE DEALING WITH THIS AND I DON'T THINK THAT'S FAIR.

THE REST OF US WHO HAVE A BIG INVESTMENT IN THIS PLACE MM-HMM.

AND NEIGHBORS THAT HAVE BEEN IN THERE FOR THANK YOU MR. ABATE.

YOUR TIME IS UP, MS. SMITH, BECAUSE I CAME LATE.

I, I JUST WANNA UNDERSTAND IT STANDS WHERE THEY AREN'T SURE WHETHER THIS PROPERTY IS WITHIN THE JURISDICTION OF THE, THE PLANTATION.

THE ATTORNEY, THE CLOSING ATTORNEY, ANOTHER ATTORNEY AND THE COUNTY HAVE RESEARCHED AND THERE ARE NOT COVENANTS ON THIS PROPERTY.

THERE ARE NOT COVENANTS ON THIS PROPERTY.

ALL RIGHT.

I JUST WANTED TO MAKE SURE I WAS CLEAR ON THAT.

SO AT THIS POINT, IF THERE AREN'T COVENANTS, I'M SURE UM, Y'ALL WILL DECIDE AS BEST PROPERTY, UH, PROPERLY FOR THEM.

UH, THANK YOU VERY MUCH FOR YOUR TIME ON THAT.

UH, I APPRECIATE THE OTHER TWO THAT YOU DID EARLIER IN THE YEAR THAT WERE WITHIN THE JURISDICTIONS AND HAD THE COVENANTS AND RESTRICTIONS.

BOARD MOTIONS DISCUSSION, BILL.

THANK YOU MS. SMITH.

THAT IS ALL THE PUBLIC COMMENT.

I'LL CLOSE PUBLIC COMMENT AT THIS TIME.

I'M SORRY.

QUESTIONS.

I THINK THIS IS, YOU KNOW, IT IS HARD, BUT IF IT DOESN'T HAVE THE COVENANTS ON IT, IT'S ALLOWED IN THE COUNTY THROUGH THE COMMUNITY CODE.

SO, AND THEY SATISFY ALL OF THE REQUIREMENTS AND THAT'S, THAT'S WHAT COUNTY COUNCIL VOTED ON.

AND IF THEY'RE NOT PART OF THE NEIGHBORHOOD, THERE'S NOT A WHOLE LOT WE CAN, WE DON'T KNOW IF IT IS.

WELL, NOBODY HERE FROM SAY YES OR NO.

DEFINITELY.

WELL THEY, THEY, THEY'VE DONE ALL THE ABSTRACTING THE TITLE SEARCH AS THAT WE CAN INVESTIGATE, FIND OUT FOR OWN LAWYERS WHETHER THE COVENANT'S COVERED THAT OR NOT.

THAT'S ACTUALLY JURISDICTION.

WE HAVE A LITTLE BIT OF TIME FOR THAT AT LEAST RESPECTFULLY.

I DON'T THINK THAT THAT'S NECESSARY.

YEAH, IT'S ALREADY BEEN DONE.

THERE'S TWO DIFFERENT RESPECTABLE ABSTRACTING FIRM.

IT'S TWO DIFFERENT LAW FIRMS. YOU'VE LOOKED OVER THIS AND THE, THERE ARE NO COVENANTS IF, IF THAT'S THAT ARE SUBJECT TO THE PROPERTY.

I MEAN IT IS ALSO THE PURVIEW

[00:25:01]

OF THE BOARD.

JUST WE'RE NOT OBLIGATED TO GIVE A SPECIAL USE.

EVEN IF, I MEAN EVEN IF THERE WEREN'T COVENANTS, YOU COULD NOT GIVE A SPECIAL USE IF YOU CHOSE TO DO THAT.

THE ONLY QUESTION THAT I HAVE, UM, MAYBE IF THE ATTORNEY IS, DO THEY PAY ANYTHING TOWARD THE MAINTENANCE OF THE ROAD? IF THEY IN FACT ARE USING THE ROAD TO GET TO THIS HOUSE, THEY PROBABLY HAVE AN EASEMENT.

SO THEY'RE, SO THEY HAVE, SO EVEN THOUGH THERE ARE NO COVENANTS AND THEY'RE NOT SUBJECT TO ANY SORT OF ASSOCIATION, MY CLIENT HAS ACTUALLY OFFERED TO THE ASSOCIATION TO CONTRIBUTE FINANCIALLY TO THEM TO BE, TO TAKE PART INTO THE COMMUNITY AND BE INVOLVED IN THAT.

SO THEY'VE MADE THAT OFFER AND THEY'RE WILLING TO DO THAT.

UM, BECAUSE AGAIN, THEY USE IT PERSONALLY.

THEY CAME DOWN FOR 4TH OF JULY.

THERE'S A 4TH OF JULY PARADE THAT THEY ENJOYED.

SO THEY, THEY DO ENJOY IT.

SO THEY'VE OFFERED TO PARTICIPATE EVEN THOUGH THEY'RE NOT REQUIRED.

HAVE YOU ABOUT THE ROAD ON THAT SIDE? ONLY REASON WHY I ASKED CAUSE I REALLY THINK HE'S INACCURATE AND SAYING THAT MA'AM.

THEY SAID HAVE YOU CHECKED TO SEE WHAT THEIR ROAD AND WHETHER OR NOT IT'S PRIVATE OR MAINTAINED BY THE COUNTY BECAUSE I, I THINK THAT COUNTY ACTUALLY MAINTAINS THAT SIDE OF C THEY'RE COUNTY ON PAV ROADS.

I THINK THE LAST, WELL, THE LAST WEEK THAT, THAT THIS PROPERTY, WELL THE LAST THAT OUR HOA DID, CUZ I WAS A TREASURER FOR TWO YEARS, THE LAST THAT WE DID WAS WE BOUND OVER THAT SIDE OF C PINES.

UH, AND SORRY THAT I, WE ALL THOUGHT THAT C PINES WAS ALREADY TAKEN CARE OF BY THE COUNTY THAT ALL OF C PINES.

AND WE DID MCTIER PART OF THE WAY AND WE DID THE AVENUE OF OAKS.

SO I DON'T KNOW THAT IT'S ACCURATE THAT IT'S PRIVATE AND I DON'T KNOW WHO THEY WOULD'VE OFFERED TO WHEN IT COMES TO HOA BOARD MEMBERS.

YEAH, I JUST, I JUST RECENTLY INQUIRED ABOUT THAT CAUSE I ACTUALLY HELPED ME PAINT AND WE WERE TOLD THAT THE ONLY THING THE COUNTY RESPONSIBLE FOR, WE TALKED TO THE GUY THAT GOES IS OAK, THE AVENUE OAKS AND YOUR, THAT WHAT THEY DO SHEET.

BUT THEIR ADDRESSES, THEY DO C THEIR ADDRESSES ON C FIND.

SO I, I ASSUME THEY HAVE AN EASEMENT TO GET THERE IF THAT'S WHERE THEIR ADDRESS IS.

SO I, YOU KNOW, IT'S NOT REALLY, THEY'VE GOTTA BE ABLE TO ACCESS THEIR PROPERTY.

I AGREE.

I DON'T, UH, I SYMPATHIZED EVERYBODY, BUT THAT THE ROADS HERE AREN'T THE ISSUED THE ISSUE IS THE SHORT TERM RENTAL.

IF I MADE MADAM CHAIR SURE.

Y'ALL, Y'ALL'S RULES ALLOW FOR A SHORT REPLY.

YES.

IF THAT'S ACCEPTABLE.

I HEAR WHAT'S BEING SAID AND WHAT WE, WE SEE IS WE'VE LOOKED AT THIS PARTICULAR PROPERTY, WHICH IS WHAT THIS BOARD IS LOOKING AT, AT THIS PARTICULAR PROPERTY.

I UNDERSTAND THE CONCERNS ABOUT SHORT-TERM RENTALS AND HOW THAT CAN AFFECT MORE BROADLY.

AND THERE'S BEEN A LOT OF EXAMPLES BROUGHT UP OF OTHER PLACES AND OTHER LOCATIONS.

BUT AS BOARD MEMBER MITCHELL SAID, THAT'S A POLITICAL QUESTION AND A POLITICAL SOLUTION.

AND ONE, WHICH IS A, A ZONING DETERMINATION.

I MEAN THE, THE COUNCIL HAS DECIDED THAT THIS IS TO BE ALLOWED.

IF THESE CONDITIONS ARE MET, THEY HAVE BEEN MET.

THERE ARE NO COVENANTS WITH RESPECT TO THIS PROPERTY.

AND SO I THINK THAT IT, IT NEEDS TO BE APPROVED FOR THAT REASON.

AND, AND THE RECOURSE OF, YOU KNOW, THESE INDIVIDUALS AND OTHER SIMILARLY SITUATED INDIVIDUALS IS TO THEIR COUNTY COUNCIL PERSON TO, TO REVISE THE ORDINANCE IF THAT, IF THAT'S THE WAY THEY SEE FIT.

BUT THIS IS, THIS IS WHAT'S BEEN PASSED AND WE'VE GONE THROUGH THE PROCESS.

SO I, I THINK THAT THAT'S WHERE, THAT'S WHERE WE END UP WITH RESPECT TO OUR PROCESS TODAY.

SO I APPRECIATE THE TIME.

THE COUNTY WOULD LIKE TO SPEAK.

I JUST WANTED TO CLARIFY.

THIS IS A SPECIAL USE, I THINK AS YOU MENTIONED IT.

UM, THERE ARE CRITERIA THAT WE USE TO EVALUATE A SPECIAL USE THAT HAS TO DO WITH CONSISTENT WITH THE COMPREHENSIVE PLAN, UM, THE IMPACT ON THE, THE NEIGHBORHOOD, THE ENVIRONMENT.

SO IT'S NOT LIKE IF YOU MEET ALL THESE CONDITIONS OR, OR THE COVENANTS OR, OR CONSISTENT THAT THIS BOARD HAS NO CHOICE.

, THIS BOARD STILL HAS A CHOICE WHETHER OR NOT TO APPROVE THIS.

I JUST WANTED TO CLARIFY THAT.

THE POINT THAT YOU WERE MAKING IT, RIGHT.

I MEAN, LIKE THE ONE SEVERAL MONTHS AGO WITH THE SEPTIC MM-HMM.

ISSUE.

SO YEAH.

THAT'S ALL I JUST, ONE SEC.

ABSOLUTELY.