Oct 27, 2022 Zoning Board of Appeals

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ACCORDING TO THE COUNTY'S TIME WE'VE GOT TO BRING THIS MEETING TO ORDER.

FIRST OF ALL, WELCOME TO BEFORE ON THE BOARD OF APPEAL. THIS IS A MEETING THAT MEETS EVERY FOURTH THERE IS THE ABDULA. WITH THAT BEING SAID, IT IS OUR CUSTOM THAT WE BEGIN OUR MEETING WITH THE PLEDGE OF ALLEGIANCE.

I COULD ACTUALLY GUYS TO STAND FACE THE FLAG AND RECITE A PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICETHANK YOU. I WAS GOOD BEFORE PUBLICATION.

[4. ADOPTION OF AGENDA]

I WOULD LIKE TO REVERSE THOSE TWO. I'M QUITE SURE THE APPLICANT FOR THE SPECIAL USE WOULD APPRECIATE THAT BECAUSE NOT KNOWING HOW LONG DOES DOC BUSINESS WILL TAKE SO I'D LIKE TO RECOMMEND THAT THOSE TWO ITEMS EIGHT AND TEN BE SWAPPED SO WHOMEVER MAKE THE AGENDA COULD YOU MAKE THOSE ARE SO MOVED SECOND SO BE PROPERLY MADE TO ADOPT IT GENDA MAY I HAVE I WANT TO ADD ONE CHANGE AND IN ADOPTING OF THE AGENDA WITH THE TWENTY TWENTY THREE MEETING SCHEDULE IF WE COULD DELETE THE D SUPER FOURTEENTH

MEETING. >> OH NO NO NO NO THIS IS ON THE AGENDA OK YEAH THAT'S I MEAN IT'S NOT TOTALLY NEW BUSINESS SO THAT BEING SAID IT'S BEEN AGENDA HAS BEEN ADOPTED WE'LL GET SOMEONE TO SECOND AND I SECOND THAT'S ALL ON FAVOR OF ADOPTING THE AGENDA

[5. APPROVAL OF MINUTES]

FIRST APPROVAL OF THE BAUCUS MEETING. >> EVERYONE HAD OPPORTUNITY TO LOOK AT THE AUGUST MEETING AND ANY CHANGES DELETION CAME WITH THAT SAME I GUESS WANT TO MAKE A MOTION TO ADOPT SOMEONE PROBABLY MAY WANT TO SET UP IT PROBABLY MADE US SECOND ALL THE FAVOR ADOPTING THAT WAS HERE MAKE NO NOTE THAT MR. BROMLEY WAS ABSENT THEN.

SO ALL IN FAVOR. APRIL'S BUT IT'S BEEN ADOPTED THE SEPTEMBER MEETING SEPTEMBER 22ND EVERYONE HAD AN OPPORTUNITY TO LOOK AT THOSE MID.

OKAY, I'LL MAKE NOTE THAT I WAS NOT IN ATTENDANCE ON THAT MEETING SO I WILL BE REFRAINING FROM VOTING ON THIS. BUT WHAT MAKES THE ONE I'LL GET SOMEONE TO MAKE A MOTION TO ADOPT IT. I IMAGINE WE ADOPT THE SEPTEMBER 22ND TWENTY TWENTY TWO MINUTES SO I COULD PROBABLY MADE IN SECOND GUESS MOST PROBABLY ALL IN FAVOR OF ADOPTING THE TWENTY SECOND SEPTEMBER 22ND THAT'S BEEN ADOPTED.

>> MOVING RIGHT ALONG IF ANYONE IN HERE WOULD LIKE TO OUR PUBLIC COMMENT WE HAVE THOSE

PUBLIC COMMENTS SHEET RIGHT THERE NEXT TO YOU SIR. >> DID YOU FILL THAT OUT AND JUST GIVE IT TO ONE OF THE STAFF MEMBERS GIVE IT TO US PUBLIC PUBLIC COMMENT IS LIMITED TO THREE MINUTES SO WHEN YOU HEAR THE BUZZER GO OFF THAT MEANS YOU HAVE THIRTY SECONDS TO WRAP WHATEVER IT IS THAT YOU HAVE TO SAY UP. OK, SO I'M SETTING IT TWO MINUTES AND THIRTY SECONDS SO JUST THIRTY SECONDS YOU HAVE JUST THAT TIME TO WRAP IT UP.

[10. Mr. & Mrs. Gary Pardee are requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. Property is located at 30 Little Horse Island Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

SWAP THAT AROUND. >> YEAH ESPECIALLY USE MR. AND MRS. GARY PRETTY PEOPLE COME FORWARD AND LET US KNOW WHY YOU'RE HERE. IT'S BEEN A WHILE SINCE I SPOKE TO MIKE BUT THANK YOU FIRST OFF FOR TAKING THE TIME TO REVIEW MY HUSBAND AND MINE APPLICATION AND MY NAME IS KATE HAMILTON PARTY AND I'M HERE WITH MY HUSBAND GARY PARTY.

WE ARE HAPPY TO ANSWER ANY QUESTIONS OR GIVE ANY ADDITIONAL INFORMATION IF

[00:05:05]

THE REASON WE ARE HERE TONIGHT IS TO GET APPROVAL FOR A PERMIT FOR SHORT TERM RUNNING OF OUR PRIMARY RESIDENCE. WE WILL BE THE ONLY PROPERTY RENTING AND WILL CONTINUE TO BE VERY RESPECTFUL BEFORE WE ARE TOLD THAT WE ARE NEEDED APPROVAL AND A BUSINESS LICENSE. WE HEARD NO COMPLAINTS FROM OUR IMMEDIATE NEIGHBORS THAT WE HAD INFORMED OF THE RENTALS. WE ALSO DIDN'T NOT KNOW THAT HORSE ISLAND DEVELOPMENT WAS PUTTING TOGETHER A PETITION AGAINST OUR PROPERTY RIGHTS THAT HAVE NOTHING TO DO WITH THEM. WE STOPPED RENTING WHEN WE GOT A LETTER FROM THE COUNTY TELLING US WE NEED TO GET A BUSINESS LICENSE AND WE BEGAN THE PROCESS.

WE KNOW THIS IS JUST FOR INDIVIDUAL APPROVAL AND WE WOULD NEVER NOT FOLLOW THE TOWN'S BYLAWS AND RISK GETTING FINES OR ANGRY CALLS FROM NEIGHBORS.

IN CONCLUSION, OUR PAST RENTALS HAVE ALL BEEN VERY RESPECTFUL AS NOTED BY OUR NEIGHBORS, THEY FOLLOWED ALL RULES AND WE ARE VERY CAREFUL ABOUT WHO WE WENT TO ALSO WE'VE HAD ONE HUNDRED PERCENT SATISFACTION, NO COMPLAINTS AND NO RECORD FROM THE LOGGINS.

WE CHECK FROM THE LOCAL POLICE AFTER WE WERE TOLD THEY HAD COME TO OUR HOUSE.

WE DO NOT USE BMB JUST HAVE ONE FAMILY RENTING AND THEY MUST STAY A WEEK, ACQUIRE V.R. BAEO INSURANCE AND HAVE A SEARCH SECURITY DEPOSIT ALSO WE GIVE THEM A COMPLETE OUTLINE LIST RULES THAT INCLUDE DRIVING SPEEDS. WE LIMIT THEIR CARS GIVING THEM TWO WAYS TO GET TO OUR HOUSE FROM HORSE ISLAND OR HARBOR RIVER CIRCLE.

NO SOCIAL GATHERINGS OF ANY KIND AND PROVIDE LOTS OF NEIGHBOR RESPECT IN CASE OF A PROBLEM WE HAVE A CARETAKER TO STOP BY AND I HAVE AN EXAMPLE OF THE SIGNS THAT MY NEIGHBORS LET US PUT UP TO SHOW THAT IT'S A PRIVATE AREA BECAUSE I ALSO HELP WITH THE WILD HORSES. THEY'RE MAKING SURE THAT PEOPLE JUST DON'T COME DOWN TO SEE THEM WHICH I'VE SPENT QUITE A GREAT DEAL OF TIME WITH. ONE THING PERSONALLY MY MY HUSBAND HAS DEVELOPED ASTHMA AND IN THE SUMMER IT GETS WORSE.

SO THIS HAS BEEN SOMETHING WE ARE LOOKING AT. WE'RE NEVER GOING TO RUN OUT ALL THE TIME. THIS IS OUR PRIMARY RESIDENCE AND WE LOVE IT.

WE LOVE A LITTLE HORSE ISLAND. WE REALLY DO. I FEEL SO LUCKY TO LIVE THERE.

SO THAT'S ALL MY INFORMATION AND THANK YOU SO MUCH FOR GIVING US THIS OPPORTUNITY IF I

MAY HAVE JUST A COUPLE OF THINGS. >> PRETTY MUCH THE SAME AS WHAT

KATE MENTIONED HERE. >> WE'RE VERY RESPECTFUL OF THE NEIGHBORING HORSE ISLE LIKE ADJACENT TO US AS FAR AS SPEED LIMITS. IT'S A SANDY DUSTY ROAD.

KEEP THE SPEED LIMIT UNDER TEN MILES AN HOUR AS WE TELL PEOPLE ANYTHING OVER THAT.

WE HAVEN'T HAD RAIN IN A WEEK OR TWO AND YOU'RE SHINING DUST ALL OVER THE PLACE JUST ONE EXAMPLE. KEEP THE NOISE DOWN. NO GATHERING'S PARTIES ARE PARKING SPACE HERE IS IF HE CAN SEE IT ON THE FLAT. YEAH, I JUST THOUGHT OFF THE SCALE. MARKET TWENTY FEET BY THIRTY FEET POTENTIALLY THREE CARS USUALLY TWO. I MEAN WE UNDERSTAND PEOPLE THAT STAY THERE NEED TO RESPECT THAT AREA AND IT IS A BEAUTIFUL BEAUTIFUL PLACE AND THAT'S WHY WE LOOK AT THAT.

[00:10:01]

>> I WOULD ALSO LIKE TO SAY THAT WE FEEL THAT OUR PROPERTY RIGHTS ARE BEING INTRUDED UPON . THERE'S ONLY TWO HOMEOWNERS WHERE ONE OF THEM THE OTHER ONE IS WAYNE JERNIGAN AND WE JUST FOUND OUT YESTERDAY THERE WAS A PETITION AROUND FROM PEOPLE ON BOARD SILANE AND THEY HAD WAYNE'S SIGNATURE. WAYNE FOUND OUT THAT HE HAD SIGNED THAT IN ORDER AND HE SENT A NOTE TO GUILLORY AND WE ALSO HAVE COFFEE THAT E MAIL WE THAT WAS JUST ON YESTERDAY. SO HE BOWED OUT OF THE PETITION WHEN HE FOUND OUT THAT THERE WERE THERE WERE GOING TO BE CONSEQUENCES IF OTHER PEOPLE ARE ALLOWED THAT DON'T LIVE ON NOT ON OUR SIDE DEVELOPMENTS TRIED TO INTRUDE ON OUR PROPERTY RIGHTS AND THAT'S WHAT WE SERIOUSLY ARE ARGUING AGAINST. IS THERE ANY QUESTION WITH A QUESTION SO IT'S MY UNDERSTANDING THAT YOU'D LIVE IN THIS HOUSE AND THEN YOU RAN IT LIKE WHEN YOU'RE TRAVELING TO OTHER PEOPLE THAT'S OK. SO WHEN THEY'RE RENTING IT YOU

ARE NOT PHYSICALLY IN TOWN? NO, NOT AT ALL. >> BUT WE DO HAVE A CARETAKER.

SO IF THERE'S YOU KNOW, WE'VE BEEN VERY FORTUNATE. I ACKNOWLEDGE THAT TOO.

BUT WE HAVEN'T REALLY HAD ANY PROBLEMS AND I THAT'S VERY IMPORTANT TO US TO UNDERSTAND ANYBODY WHO'S STAYING THERE THAT IT IS OUR HOME AND WE HAVE NEIGHBORS AND I DO THAT VERY MUCH BECAUSE I WAS FORTUNATE ENOUGH TO BE ASKED TO WORK WITH THE WILD MARSH TAXES AND I AM VERY PROTECTIVE OF THEM ALONG WITH MY HOUSE AND MY HUSBAND. DID YOU SEE THAT? SO OBVIOUSLY YOU ARE A LITTLE WHOLESALE. YES.

SO THAT'S TOTALLY SEPARATE FROM HAWSAWI SEPARATE CITIES AND YOU GUYS DO NOT HAVE ANY COVENANTED

RESTRICTIONS THERE? >> NO I CAN SHOW YOU LIKE THEY HAVEN'T HAVE THE THIRD PAGE ALMOST THE LAST PARAGRAPH I PRACTICE TO GET OUT UNTIL THE GAY WROTE THAT IN FEBRUARY 1973 SHE'S SET AFTER GOING THROUGH ALL THE NINE REGULAR RESTRICTIONS THAT SHE PUT ON HORSE ISLAND YOU WOULD THINK THAT WOULD PERTAIN TO US LITTLE HORSE SHE'S PACIFICALLY SAYS OF THE ABOVE COVENANTS RESTRICTIONS DO NOT APPLY TO THAT JASON ISLAND LEVEL OR SIGN UP THERE ARE TWO SEPARATE DEVELOPMENTS. YEAH AND WE WERE TOLD AS I SAID WHEN WE MOVED WE WENT OVER WITH THE LAWYER DOWNTOWN WHO IS VERY CLEAR AT US UNDERSTANDING THAT WE DON'T HAVE ANY RESTRICTIONS OR OUR INTENTION IS TO JUST OBEY THE RULES AND REGULATIONS OF THE BEAUFORT COUNTY SUCH AS STATE IF WE ARE OBVIOUSLY TO GET THE BUSINESS LICENSE AND FOLLOW ALL COUNTY RULES THAT'S THOSE ARE OUR COVENANTS WE THERE'S NOTHING WRITTEN FOR OUR

PROPERTY, OUR PROPERTY AND WAYNE'S PROPERTY. >> HE OWNS ACTUALLY THREE OUT THERE THAT SAYS ANYTHING WE'VE BEEN TOLD THE ORIGINAL INTENTION BACK IN THE EARLY SEVENTIES IS FOR THAT AREA WHERE WE LIVE TO BE USED FOR FARMER FARM ANIMALS AND

FARMING. >> SO THEY WANTED TO KEEP LITTLE HORSE SEPARATE FROM THE MORE DEVELOPED MULTI HOUSE DEVELOPMENT CALLED HORSE ISLAND KULKA.

HOW LONG HAVE YOU BEEN REALLY WE'VE LIVED THERE FINALLY HE SAID HOW LONG WE'VE BEEN RUNNING WE RAN IT JUST FOR A COUPLE OF YEAR WHEN WE FIRST MOVED BUT THEN WE FOUND OUT WE

NEED IT. >> YOU KNOW THEY LICENSE AND WE STOPPED EVERYTHING IMMEDIATELY BECAUSE I I WAS TOLD BY SOMEONE THAT I WOULD GET FINES AND REGARDLESS OF THE FACT THAT I WAS GOING TO GET FINES, I I WOULDN'T DO THAT ANYWAY, YOU KNOW.

>> OKAY, GOOD. THIS IS A THREE BEDROOM HOME, THREE BEDROOM, TWO BATH AND YOU

LISTED THE MAX GUESS SIX DAY PEOPLE WITH CHILDREN. >> NO, THAT'S IT.

THAT WAS A MISTAKE. YES. I DON'T THINK WE'VE EVER HAD

MORE THAN SEVEN AND THAT'S WITH CHILDREN SO WHAT'S YOUR MAX? >> COUNTING THE KIDS I WOULD

SAY HERE YOU'RE IN THE WELL WE HAVE SIX SEVEN. >> YEAH.

CAN WE USUALLY GET A COUPLE WITH THE MOST THE MOST WE'VE EVER HAD IS A COUPLE WITH THREE CHILDREN AND WE ALSO HAVE WE NEVER HAVE TWO FAMILIES. WE HAVE ONE FAMILY ALONE.

WHAT CAUSES THANK YOU. THANK YOU. THANK YOU VERY MUCH.

>> WE'D LIKE TO HEAR FROM THE ACCOUNTANT AT PEPSI STOCKHORSE SIGNED A COUPLE OF MONTHS BEFORE THEY DID THAT. IT DID NOT EITHER LIBERAL OR SIMON I SUPPOSE IT IS WHICH WE

[00:15:03]

ANY QUESTIONS WOULD IT GO BACK? IT WAS AYLOR WE MOVED TO PUBLIC COMMENT JOHN KNIGHT CANNOT SAY ANYTHING. CAN YOU SAY ANYTHING LIKE THAT ? WOULD YOU TO ME THIS MEETING IS ABOUT TWO THINGS COVENANT'S FOR HORSE TOWN WHERE HORSE ISLAND, NJ AND LITTLE HORSE ALAN BEGINS. I HAVE THE ORIGINAL SURVEY IN MY HIP AND YELLS GEE I GUESS I WENT BY THE SURVEYORS OFFICE THEN IT CLEARLY STATES WHERE THE PROPERTY LINE IS AND I'VE GOT COPIES OF THIS. THEY FEEL THEY JUST SAY IT AND NOW I HAVE A COPY OF THE COVENANTS WHICH PERTAINS TO HORSE ISLE AND NOT LITTLE HORSE AND I'VE GOT WHERE THEY TRIED TO CHANGE THE COVENANTS. I'VE GOT A MAJORITY OF SIGNA TO AS LAYOFFS WAINS THREE SIGNATURE. I STILL HAVE THE MAJORITY OF THE SIGNATURES. WE DON'T WANT THIS ON HORSE ISLAND AND YOU CAN'T CHANGE THE SURVEY SURVEILLANCE WHICH IS RIGHT HERE. I'VE GOT A COPY OF IT AND IT GIVES THE LINE RIGHT HERE AND THEIR HOUSE IS BACK ON THE LEFT SIDE OF THE LAND WHICH IS OWNED WHOLESALER AND THAT'S ALL I'VE GOT. SO THAT COVENANT YOU SAID YOU HAVE THAT'S FOR HORSE ISLAND, RIGHT? THAT IS CORRECT.

AND WHAT SAY IT IS THEIR HOUSE. THE HOUSE CONCERNS HIS OWN HORSE, LITTLE HORSE EILON HIS OWN PAST WAYNE JARRIN AND GIVEN'S GATE ABOUT ANOTHER HUNDRED YARDS IN THE SURVEY PROVES SO EVERYTHING ON THAT SIDE OF IT. THEY LIVE ON LITTLE HORSE ROAD OR DROUTH BUT IT'S PART OF HORSE ISLAND FATHER SURVEY AND WE ARE AGAINST SHORT MYRTLE ANY QUESTIONED THUS FAR SILANE HAVE REGIME FEAR OR ANYTHING LIKE THAT DOES NOT DOES NOT DOES NOT HAVE HMO HOMEOWNER'S ASSOCIATION FEE AH REGIME FEE DON'T SEEM OK.

>> SOMEONE'S IN THE DEFINITION OF BEING ON THIS PART OF COURSE SILENCE OR HAVING PROPERTY WITHIN THE PROPERTY LOUNGE WHICH IT'S BEEN SURVEYED CALLED YOU HAVE A BOAT IF YOU'VE GOT A

LOT SOME PEOPLE HAVE MORE THAN ONE BOAT VOTE. >> SOME PEOPLE HAVE BOUGHT TWO LINES BUT HARRY I'M SURE WHEN THIS WAS DONE A SURVEY WAS DONE IN NINETEEN SEVENTY FOUR BY DAVID TRAGEDIAN I THINK THAT'S HIS NAME IF I'M PRONOUNCING THAT RIGHT YEOMEN'S AND IT SHOWS IT SHOWS THE LINE WHERE I AM AND BARAMIDZE DID THE NUCLEAR WADY JOB WENT BACK THE OTHER DAY TO THE OFFICE RESEARCH THAT I GOT THIS SURVEY FROM AND IT SHOWS THAT THE

PROPERTY AND CONCERNS HIS OWN HOME. >> COULD WE SEE THAT THAT FACT

THAT YOU HAVE RIGHT THERE? >> YES, I'M AWARE OF LITTLE HORSE SOLID GUINN'S ADDITIONAL COPIES THE ORIGINAL CERTIFICATION TO SEE HEY AREN'T THE SAME SHIRT.

>> WHY DOES THAT THIS IS RESPECT SIR. YOU'RE SORRY I DREW THIS LINE, SIR. YOU SAID THE SURVEY I DREW THIS LINE.

HE PUT THAT RIGHT THERE MY WHAT WAS ON THIS? >> THIS IS NO.

THIRTY EIGHT FORTY FIVE WHATEVER THAT MEANS FOURTEEN P UK CHANGE.

THAT'S WHY WE JUST FINISHED THAT YOU COULD CHANGE YOUR PLANS WHICH CAN CHANGE

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I ASK A QUESTION MR BUSH SHOULD HE SAY ABOUT THE PROPERTY LINE BECAUSE I HAVEN'T SEEN THIS BUT DOES THE PROPERTY LINE INCLUDE THE HOUSE OR IS IT JUST PART OF SO NO THAT'S FINE IF YOU TELL ME BUT IT'S NOT JUST HERE . WIPE IT OFF SOME OF THE PROPERTY. IT'S ALSO INCLUDING SMOKE. THE HOUSE IS INCLUDED A LITTLE HOLES AND HOLES OUT AND BUT HE'S NOT OH WAS THEIR PROPERTY ON AND BROUGHT DID YOU JUST SAY THAT YOU NEEDED TO ME DELETE THE THE HOUSE IS INCLUDED ON THE WHOLE.

>> OH THIS IS REAL HORSE WHAT WE NEED TO SEE IS A SUBDIVISION OF FOR ISLAND THAT THE COVENANTS COVER . YEAH BUT ONCE WE GET THE SUBDIVISION BACK AND SEE WHAT THE COVENANT COVERS THEN WE'LL KNOW EXACTLY WHERE THESE PEOPLE ARE AND THEN THERE'S THERE'S QUITE A REFERENCE THE THIRTY THREE TO FOUR I DON'T MEAN THAT WE'D HAVE SO THAT I WOULD LOOK AT MAY I APPROACH THE BENCH I HAVE A MAP ALSO GISS MAP I WANT TO SEE THE SUBDIVISION THAT DATED THE FLAT BACK. WE HAD SOME PROBATE SOME OF THAT IS THE WORD NO ONE HAVING DIFFERENT SPOKE FOR MR CHAIRMAN FROM WE RECOMMEND TO TABLE THIS OF APPLICATION TO THIS HILLARY AGAINST THE SUBDIVISION MAP AND THAT WE CAN CLARIFY WHAT PROPERTIES IS ON FOR SALE AND OUR LITTLE HORSELY I DON'T HAVE HILLER'S THAT'S UP TO YOU LOOKING UP NOW I'M

TRYING TO TO SEE IF I CAN. >> WELL, MAYBE WE COULD TABLE AS TO WHERE THEN I HAVE A COPY

OF THE COVENANTS AND ALSO THE LAND. >> SO LET ME GET THE G.I. AS A

VALIDATION OF THE DIFFERENT GRANDMOTHER COME. >> I JUST WANT TO THANK THIS

COMPLETE STUFF. >> WE'VE HAD EVERYBODY LOOK FROM LAWYERS TO EVERYTHING ELSE AND WE WERE TOLD BY OUR LAWYER WHEN HE BOUGHT THE HOUSE FIVE AND A HALF YEARS GO THAT WE WERE ON LITTLE OR SILENT. NOW MAYBE THIS IS MAGICAL THINKING BECAUSE HE'S LOOKING FOR SOMETHING TO GET US OFF OF RENTING. SO HE'S FINDING HIS OWN PLACE TO FIND THIS. BUT WE HAVE DONE RESEARCH. WE TALKED TO WAITS.

HE'S FRANK WAYNE GENIC ANNE'S FAMILY AND THEY WERE SO HAPPY THAT WE TOLD THEM THEY HAVE AS I SAID, THEY HAVE THREE PROPERTIES. THEY HAVE THE HOUSE.

THEY HAVE THE GARDENERS HOUSE AND THEY HAVE FOUR LOTS. SO HEARING THIS IS SHOCKING BECAUSE WHY WOULD ALL OF A SUDDEN AFTER BY POST OFFICE THE STATE OF SOUTH CAROLINA AND EVERYBODY HAS ME AS LITTLE MORE SILENT. I MEAN I THINK IT'S UNDER REASONABLE TO HAVE SOMEONE COME IN AND CHECK BESIDES TELLING US WHAT WE CAN DO ON OUR PROPERTY

. >> TELL US REALLY WE HAVE A NEW NEW PROPERTY LINE.

INTERRUPT FOR A MINUTE, MISS. PARTLY THE CONFUSION ON MY PART IS THIS PLAN THAT YOU SUBMITTED TO US SAYS IT'S HORSE SOLID. IT DOESN'T SAY IT'S LITTLE HORSE KNOWLEDGE.

SO THAT'S WHY I WOULD WANT TO MAKE SURE THAT WE WERE I MEAN WE'VE TALKED TO SO MANY WE CAN JUST GO BY THE INFORMATION I HAVE BEHIND US AND I YOU GUYS HAVE TO BE VERY CAREFUL.

IT'S LIKE IT'S LIKE TELLING ME I WAS ON THE MOVE AFTER YOU KNOW, BEING ON LITTLE HORSE MY WHOLE TIME AND MAYBE I COULD GO TO SOMEBODY ELSE IF I DON'T LIKE THE PROPERTY LINE AND SAY, YOU KNOW, WE I MEAN WAYNE JERNIGAN MET ALL OF ITS LAWYERS TO THE FACT THAT YOU SAY THAT

WAYNE IS REALLY ON LITTLE HORSE. >> WE'VE GOT ON LITTLE HORSE I

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DEVOTION IS BECAUSE WE DON'T KNOW. >> SO WITH THAT BEING SAID, I THINK THE BEST THING TO DO RIGHT NOW THAT YOU SAY YOU FIFTY TO YOU TO ROOM.

YEP. YES I GUESS I DON'T KNOW WE DON'T REALLY NEED TO GO FORWARD ON THE PUBLIC COMMENT BUT LET'S WE JUST WANT TO HEAR THOSE PUBLIC IT SAYS THEY'RE HERE

KAHIR OH YEAH. >> STACEY ANDERSON WHICH IF WE TAKE A LISTEN IT'S NOT WELL WE'VE GOT IT. LET'S ASSESS THE HERE AND LISTEN.

>> HI, MY NAME'S STACEY ANDERSON. WE LIVE AT SIXTY SEVEN HARBOR RIVER CIRCLE WHICH IS ON HORSE ISLAND. WE ARE A PART TIME HERE.

WE LIVE IN ATLANTA. I AM NOT OPPOSED TO THEM DOING SHORT TERM RENTAL.

THEY'VE DONE IT IN THE PAST DID NOT AFFECT ME AT ALL. OTHERS HAVE DONE IT ON OUR ISLAND. WE ARE ON THAT PETITION I EMAILED HILLARY LAST NIGHT.

WE WANT OUR NAMES OFF PETITION I THINK NINETEEN SEVENTY THREE COVENANTS NEED TO BE LOOKED AT AND WE NEED TO COME INTO THE TWENTY TWENTIES. SO RIGHT NOW WE'VE HAD TWO HOMEOWNERS SELL ON OUR ISLAND. THEY BOUGHT THEY SOLD WITHIN SIX MONTHS THEY WERE RUN OFF BY JOHN KNIGHT BECAUSE THEY THOUGHT THEY COULD DO SHORT TERM RENTALS.

I DON'T HAVE A PROBLEM WITH IT. I THINK WE NEED TO LOOK DOWN THE PATH AND IF YOU CONTROL IT WE DON'T WANT TO RUN OURS WHERE WE'RE PLANNING TO MOVE DOWN HERE PERMANENTLY WITHIN TWO YEARS. BUT I JUST FOR THE RECORD, I'M NOT AGAINST IT.

>> DID YOU SAY ALL ARE ORATING DOWN THERE AS WELL? NO.

THEY WANTED TO THAT ERM THEY WANT THEY WANT IT TO ONE OF THEM CAME TO GET A VARIANCE AND HE COULDN'T GET IT BECAUSE JOHN STARTED A PETITION SO ACTUALLY THEY COULDN'T GET IT BECAUSE YOU HAVE COVENANTS RIGHT AND WE'RE RESTRICTED BY THE COVER .

>> OH I KNOW BUT THEY HAVE TO HAVE AND IT'S WE ALL HAVE A VOTE BUT IT'S BECAUSE ALL KNOW DIVIDED OUR ISLAND AND I KNOW THAT'S NONE OF YOU GUYS DON'T REALLY CARE ABOUT THAT.

WE ONLY HAVE TWENTY ONE HOMES BUT WE DO HAVE TWO PIECES OF PROPERTY.

WE DO HAVE THE PROPERTY NEXT TO US AND THEN THE PROPERTY THAT THE HOUSE IS ON.

BUT I JUST WANT TO SAY FOR THE RECORD AND IF THERE ARE A LITTLE HORSE I DON'T CARE THEY CAN RENT. THANK YOU. THANK YOU.

DIANE BENEDEK. HELLO. THIS IS HARD FOR ME BECAUSE

THESE ARE MY NEIGHBORS ON BOTH SIDES OF US. >> MY HUSBAND RAY AND I HAVE LIVED AT HORSE ISLAND FOR THIRTY TWO YEARS. WE'VE OWNED OUR PROPERTY.

WE WERE THERE WE WERE THE ONLY HOUSE OUT THERE BEFORE THEIR HOUSE WAS BUILT BEFORE WAYNE JORGENSEN'S HOUSE WAS BUILT WE WERE THE ONLY HOUSE THERE WERE 28 PONIES OUT THERE AT THE TIME OR DOWN TO EIGHT. THAT'S NOT THE POINT. WE ARE WE ARE LIVE ON LITTLE HORSE ISLAND DRIVE. WE ARE ON HORSE ISLAND AS THE SAME AS THEY ARE AND WE JUST DON'T WANT AIR BEING BE AS JOHN SAID, OTHERS HAVE TRIED IT. THE COVENANT'S COVERS IT.

IT'S WE ALL WHEN WE BOUGHT HOW MANY YEARS AGO THE CABINETS WAS THERE NO BUSINESSES AND AIR BMB AND VERSHBOW OUR BUSINESSES AND I'M JUST WANT TO SAY I'M SORRY THAT WE'RE ON TWO DIFFERENT SIDES OF THE FENCE OVER THIS BUT WE DON'T WANT ONE LITTLE HORSE ISLAND OR HORSE ISLAND AND THAT'S A SMALL LITTLE AREA WHERE ONE'S A LITTLE LOOSE AROUND.

YOU CAN WALK IT FROM HERE TO THE END THIS BUILDING AND BACK AND A LOT OF PEOPLE WALK.

IT'S GRANDCHILDREN COME DOWN. WE JUST DON'T WANT THIS IN AND OUT WEEKLY RENTING AND THE HOMES STACY SPOKE UP THEY BOUGHT WITH GOOD INTENTION. I WOULD LIKE NEW NEIGHBORS BUT THEY WERE GONNA AIR BAMBY EVERY WEEK DURING THE SUMMER AND THAT'S JUST NOT WHAT THIS LITTLE PRECIOUS OASIS IS ON HORSE ISLAND. IT'S ON THE MARSH.

IT'S BEAUTIFUL AND WE JUST DON'T WANT THE TRANSIENT IN AND OUT THIS.

SO THAT'S ALL I HAVE TO SAY. SPIG, AS FAR AS I KNOW THEY'RE HORSE SILENT AND THEY'RE MY NEIGHBORS. I HOPE THEY'LL. IS THERE ANY MORE PUBLIC COMMENT FOR THIS DO THIS THAT CLOSED PUBLIC COMMENT WITH THAT BEING SAID, I THINK UNTIL WE GATHER FURTHER INFORMATION ON THIS AS YOU'VE STATED, I THINK IT'S WISE FOR US TO JUST TABLE THIS UNTIL A MIXED SCHEDULE MEETING WHICH IS NEXT MONTH AND IF THAT IF YOU'RE OK WITH THAT,

[00:30:04]

YOU HAVEN'T GOT YOUR THANKSGIVING TABLE. DENNIS COME IN.

MY QUESTION IS AND I HOPE SOUNDS CLEAR COULD YOU COME TO THE BOARD PLEASE?

>> MY QUESTION IS IF ALL OF A SUDDEN AFTER YOU WERE TOLD YOU WERE LIVING IN A SPECIFIC PLACE LITTLE HORSE ISLAND YOU WERE GIVEN COVENANT'S AND NOW YOU HAVE NEIGHBORS WHO ARE TRYING TO SUCKER PUNCH YOU, WHICH IS EXACTLY WHAT THEY'RE TRYING TO DO BECAUSE IF THEY WANTED TO DO THE RIGHT THING AND THEY THOUGHT THERE WAS SOME CONFUSION, THEY WOULD CALL ME UP AND SAY KATE, WE DON'T THINK YOU'RE ON LITTLE HORSE AND YOU KNOW WHAT I WOULD HAVE DONE BECAUSE I DIDN'T EVEN THINK THIS WAS GONNA BE AN ISSUE. I WOULD HAVE CALLED MY LAWYERS AND I WOULD HAVE CALLED WAYNE JARRIN AGAINST DAUGHTER WHO JUST ONE OF HIS PROPERTIES IS DOWN THE ROAD FROM US ON THE RIGHT. SO HE'S LIKE EVEN FURTHER AWAY FROM US AND I WOULD SAY LET'S TALK AND THEN I WOULD ALSO TALK TO THE TWO LAWYERS WHO TRIED TO HELP THE PEOPLE WHO WOUND UP SELLING THEIR HOUSE AND WHICH WAS I FOUND VERY SAD.

I DON'T BELIEVE IN RENTALS BEING ALL OVER THE PLACE. I BELIEVE YOU'RE RESPECTFUL BUT IT IS A GOOD WAY IF YOU NEED A LITTLE BIT MORE MONEY AND IF YOU USE VR, BAEO AND YOU'RE REALLY RESPECTFUL FOR THAT, YOU KNOW I DON'T THANK YOU. YOU KNOW, I TOTALLY RESPECT YOU GUYS AND WHAT YOU NEED TO SAY AND I KNOW I'M A LITTLE EMOTIONAL AND I'M SORRY FOR THAT BUT PEOPLE SHOULDN'T BE ABLE TO COME IN AND TELL YOU YOU LIVE IN A PLACE THAT YOU DID NOT BUY IN A ESPECIALLY WHEN YOU WENT TO A LAWYER A LAWYER DOWN GARY, WHAT WAS THE

LAWYER'S NAME? >> I DON'T HAVE IT ON YEAH. >> AND TOM AND SAT THERE WITH

US AND SAID THESE ARE YOUR COVENANTS. >> AND I SAID GARY, MAYBE IF WE'RE NOT AROUND MUCH WHAT I CAN DO IS MAYBE RENT A LITTLE BIT.

WE CAN TRAVEL BECAUSE I HAVEN'T BEEN ANYWHERE PAST I DON'T KNOW IDAHO BUT AND WE'LL DO IT RESPONSIBLY AND THAT YOU KNOW, I THINK OUR RECORD SPEAKS FOR ITSELF BUT THIS FEELS LIKE A SAD TECHNICALITY TO ME THAT HE'S DOING THIS BECAUSE MAYBE I'LL GO HOME AND WRITE UP A DIFFERENT MAP. I DON'T HOW TO HOW DO I TRUST SOMEBODY LIKE THAT? BECAUSE IF THEY HAD COME TO US IF DIANA HAD TO. OR WHAT'S HIS NAME WE WOULD HAVE IMMEDIATELY GONE TO GET WHAT WE NEEDED. RIGHT.

WELL, THAT'S WHY WE ARE ALLOWING, YOU KNOW, THIRTY DAYS.

I KNOW AND I. WE WILL DO THAT AND THANK YOU FOR THAT.

BUT I JUST YOU KNOW I IT'S FIELDS IT'S IT'S NOT RIGHT NOT BUT YOU GUYS DON'T MEAN THAT BUT BUT IF YOU CAN GET GUAPA THAT THOSE INFORMATION THAT'S NEEDED TO AT LEAST STATE THAT

YOUR OWN LITTLE HORSE. >> OK. YOU KNOW AND WHATEVER OTHER INFORMATION THAT THAT YOU CAN GATHER THAT WOULD BE HELPFUL IN THIS SITUATION, I WOULD GATHER IT ALL UP. OK, WE WILL DO THAT AND THANK YOU FOR GIVING US THE TIME TO

DO THAT. >> THANK YOU. OK, SO MY NATION HAS MADE A

MOTION THAT WE CONTINUE THIS ITEM TO OUR NEXT MEETING. >> SO IT'S BEEN ALMOST WHAT'S BEEN MADE TO CONTINUE THIS UNTIL THE NEXT SCHEDULED MEETING BUT PROBABLY ME TO TAKE IT ALL IN FAVOR YOUR. SO THIS MOVES IT WILL BE MOVED NOVEMBER'S MEETING WHICH IS THE THIRD THURSDAY IS THAT CREDIT LINE SEVENTY TWO BECAUSE OF BAHAMADIA.

THANK YOU. THANK YOU. THANK YOU EVERYONE.

ALL RIGHT. OUR NEXT ITEM ON THE AGENDA WHICH IS I'M GOING TO KEEP IT RIGHT. WE ALSO SHOULD WE MOVE WHERE DO YOU WANT YOU CAN MOVE.

THANK YOU. OK, SO THE NEXT ITEM ON THE AGENDA IS MR WILLIAM WEBSTER

[8. Mr. William Webster is requesting a Variance to construct a dock closer than 20-feet from the Extended Property Line. Property is located at 29 Rose Hill Drive, Bluffton. The property is zoned T2-Rural (T2R).]

STRAIGHT WE CAN READ IT OURSELVES. >> OK.

[00:35:01]

DEAR ME TO STATE MY CASE HERE. AS GOOD YOUR CASE YOUR REASON WHY YOU'RE HERE.

WHAT YOUR SINCO SAYS YOU CAN SEE BY THE SUMMARY OF MY LIFE AND I PURCHASED A LOT ROSEHILL.

THE LOT CAME WITH AN APPROVED CRM PERMIT AND LRB APPROVAL TO BUILD THE DOCK.

I FOUND OUT LATER THE DOCK WAS LITTLE OVER THE LIMIT AND SO WE'RE JUST ASKING PERSEVERENCE TO CONSTRUCT THE DOCK. OK, IS THERE ANY QUESTIONS WE HAVE BECAUSE.

WELL I HAVE A QUESTION THANKFULLY. THIS IS TWO VARIANT SUITS.

IS THAT CORRECT? ARE YOU JUST GOING FOR ONE AT A TIME?

YEAH, THERE ARE THERE ARE TWO VERSIONS. >> THE WAY THE DOCK WAS DESIGNED IT'S I THINK IT'S ROUGHLY THREE HUNDRED EIGHTEEN FEET PLUS THE PIER HEAD SO IT'S ABOUT THREE TWENTY EIGHT. CODE ASPO CODE IS LIMITED TO THREE HUNDRED AND THEN THE RAMP THE FLOATING DOCK IS IN THE 20 FOOT SET BACK AND IT ACTUALLY TOUCHES THE PROPERTY LINE TOO.

>> I THINK IT'S VERY CLOSE TO THE PROPER. BUT I THINK WHAT'S UNIQUE ABOUT THE LOT IS THAT ON THAT SIDE I DON'T HAVE A NEIGHBOR THAT PROPERTY IS OWNED BY ROSEHILL HILL AND THEY'VE GRANTED THE VARIANCE TO TO ALLOW THE FLOATING DOCK HAVE YOU TO EXPLOIT ANY OTHER OPTIONS AS FAR AS TRYING TO ACCOMPLISH HAVING A DOCK BUT NOT AT THAT

LOCATION. >> YEAH. LOOK, IF YOU LOOK AT THE SURVEY, THERE'S A SMALLER CREEK THAT THAT'S ALSO ON THE PROPERTY BUT THE PROBLEM WITH THAT SMALLER CREEK IS THAT MY NEIGHBOR USES THAT CREEK FOR HIS DOCK AND PORT TO ACCESS THE RIVER. AND IF I'D BUILT A DOCK THERE I'D BE BLOCKING HIM FROM ACCESSING THE RIVER AND THAT'S ACCORDING TO THE NEIGHBOR AND ALSO THE DOCK BUILDER LOOKED AT AND HE FELT LIKE THAT CREEK WOULD BE TOO SMALL AS WELL. WHAT IS THE WITH DO YOU KNOW WHAT MUCH MARCHELINE THE MARCHELINE WITH THE DEBT THAT I THINK THAT YOU'RE REFERRING TO? I DON'T THINK THE PREVIOUS OWNER ALSO PURSUED THAT AS AN OPTION AND DECIDED TO BUILD UP THE DEEPER PART. SO THIS PROPERTY NEXT DOOR THAT ROSEHILL OWNS THAT'S NOT A LOT THAT WOULD POTENTIALLY BE FOR SALE BUT THIS IS COMMON PROPERTY AND IT'S JUST COMMON PROPERTY AND I UNDERSTAND THAT, YOU KNOW, THE 20 FOOT SAID BUYER UNDER I UNDERSTAND THE NATURE THAT YOU DON'T WANT TO HAVE SOMEBODY BUILT RIGHT UP ON YOUR PROPERTY LINE.

IT'S GONNA AFFECT YOUR NEIGHBOR. BUT YOU KNOW, THIS ISN'T A REALLY A VERTICAL STRUCTURE. WE'RE SOME OF THE FLOATING DOCK IS HORIZONTAL IN NATURE AND IT'S 100 YARDS OUT INTO THE MARSH WHERE IT'S NOT BLOCKING ANYBODY'S VIEW OR HAVING ANY IMPACT ON ANYONE. YOU KNOW, LIKE I SAID, THERE'S NO NEW NEIGHBOR ON THAT SIDE.

IF I DID BUILD THE SMALLER CREEK IT WOULD HAVE A VIEW IMPACT FROM MY NEXT DOOR NEIGHBOR AND THEN THE NEXT NEIGHBOR DOWN IS THE ONE THAT HAD THE BOAT AND THAT'S MY BIGGEST CONCERN IS IS BLOCKING HIS ACCESS. SO WOULD HE NOT BE ABLE TO ACCESS IT IS WATER IN THAT CREEK AND ALL THE TIMES YOU KNOW THAT'S JUST A LITTLE CREEK, JUST A TIDAL CREEK AND IT FILLS ABOUT TWO HOURS AFTER AFTER LOW TIDE.

SO IT EMPTIES OUT COMPLETELY LOW TIDE AND THEN HOW DOES YOUR NEIGHBORHOOD CURRENTLY HAVE HAPPENED UP THERE? AND YOU SAID THE NEIGHBOR ABOVE HAS A DOCK.

ALSO THE NEIGHBOR TWO DOORS DOWN HAS AS A DOCK. SO THEY CAN ALL DRIVE THEIR BOATS PAST EACH OTHER. THERE'S ONLY ONE DOCK. SO MY NEXT DOOR NEIGHBOR DOESN'T HAVE A DOCK, OK? IT'S THE NEXT ONE DOWN THAT HAS A DOCK.

HE'S GOT A LITTLE HE'S GOT LIKE A LITTLE TWELVE BUCK FIFTEEN FLOATING DOCK.

HE'S ON A LITTLE CREEK. IT'S ON THAT LITTLE CREEK. AND SO AGAIN CAN THE BOATS GET BY THERE. HE'S THE ONLY BOAT ON THAT CREEK.

I UNDERSTAND. CAN HIS BOAT GET BY THE LITTLE DOG YOU'RE TALKING ABOUT.

HE'S GOT THE ONLY DOCK AND SO HE HE COMES BY THAT CREEK GOES OUT INTO THE OUTBACK PAST HIM.

I DON'T THINK HE MIGHT GO PAST HIM NOW BECAUSE OF HIS DOCK OR JUST BECAUSE OF THE CREEK.

PROBABLY BECAUSE OF HIS DOCK. >> YEAH. HIS DOCK WOULD PROBABLY BLOCK ANYONE ELSE FURTHER UP THE CREEK BUT THERE AREN'T ANY OTHER DOCKS UP THE CREEK.

HE'S THE ONLY ONE HE'S THE ONLY ONE TO ROSEHILL THAT HAS A FLOATING AS FAR AS I UNDERSTAND IT TO GO CLEARLY STATES YOU CAN'T BUILD A DOCK THAT IMPEDES OTHER BOAT TRAFFIC.

>> RIGHT. SO THAT'D MAKE A WHOLE LOT OF SENSE TO ME.

COULD A BOAT NAVIGATE PAST YOUR DOCK IF YOU WERE TO PUT A DOCK ON THAT TIDAL CREEK THAT YOU'RE REFERRING TO A HIGH TIDE PROBABLY HIGH TIDE THEY PROBABLY COULD GET BY.

YES. FROM PROBABLY IS THERE FOR ME TO BUILD IT UP.

[00:40:04]

>> I'M NOT SAYING HE WOULD BLOCK IT COMPLETELY. MAYBE YOU MIGHT WAIT TILL THREE HOURS AFTER HIGH WATERS OR HIGHER SO YOU CAN GET AROUND I DON'T KNOW.

SO HE HAS A FLOATING NOT JUST CRABBING, HE HAS A PURE HEAD AND A FLOATING DOCK AND HE

KEEPS BOAT THERE. >> YES, SO THIS TO THE PAVILION POINT.

IS THAT A COMMUNITY DOCK? THAT'S THAT'S A COMMUNITY DOCK. >> YES.

CAN THERE BE SOME SENSE OF WHAT MY OBJECTIVE IS TO BUILD UP THE DEEPER OR WIDER PART OF THE CREEKS? I DON'T WANT MY NEIGHBORS ACCESS OR ANYONE ELSE'S ACCESS SO I GUESS SHOULD DUCK IF YOU WERE TO BUILD IN THAT CREEK, YODOK WOULD PRETTY MUCH BE WILL WAS THE LENGTH AND WIDTH OF HIS FLOAT. YOUR NEIGHBOR IS PROBABLY EIGHT BY 15 MAYBE I'M NOT SURE YOU'RE PROPOSING TO THE FLOATING DOCK ON THE PLAN YOU HAVE EIGHT BY 20. I'VE ACTUALLY MENDED THAT SLIGHTLY SO IT'S A LITTLE BIT SMALLER AND ACTUALLY I'VE AMENDED MY BOARDWALKS OR THE BOARDWALKS A LITTLE BIT SHORTER

IF YOU'D LIKE TO SEE IT ON THE 16TH. >> SO YEAH THERE WERE THREE HUNDRED AND SIXTY OCR APPROVED THE OCR APPROVED THE ONE BACK ABOUT WHAT YOU AMENDED.

>> NO WHAT I HAVE HERE IT'S I'M SURE THEY WOULD AMEND IT BECAUSE IT'S JUST IT'S JUST SHORTER AND THE THE DOCK THE FLOATING DOCK KNOWS ABOUT THE SAME LOADING DOCKS A LITTLE BIT SHORTER BUT THE BOARDWALK IS SIXTEEN FEET SHORTER. I COULD PASS THIS OUT.

THIS MIGHT BE HELPFUL TO THIS THIS THIS ONE SHOWS 300 FOOTBALL AND IT STILL HAS THE LOADING DOCK IN THE 20 FOOT SEVEN MARAMA. YOU SHOULD CHECK THIS THIS.

I'M JUST LOOKING AT YOUR OPTIONS HERE. YOUR SECOND OPTION THAT THAT YOU WERE REFERRING TO AND IT JUST APPEARED THAT IT COULD POSSIBLY GO TO THE SMALLER TIDAL CREEK. IS THAT WHERE YOU WOULD NEED A VARIANCE FOR SITE VARIOUS NO UPLIFT VARIANCE AND YOU COULD STILL, YOU KNOW, NAVIGATE OBVIOUSLY NOT ON HIGH TIDE I MEAN ON A LOW TIDE BUT YOU KNOW, YOU WOULD HAVE TO WAIT UNTIL I COME UP AND IT'S ALL

ABOUT MINIMIZING AS THIS THIRD BIT OF THE MARSH LAND. >> BUT IS THAT REALLY MINIMIZE ? I MEAN YOU'RE TALKING ABOUT 300 FEET VERSUS WHAT? HUNDRED AND SEVENTY SEVEN FEET? YEAH, I WOULD EFFORTLESS IT AS MINIMIZING.

CAN I SEE WHAT YOU'RE LOOKING AT FROM YOUR SUGGESTIONS SO I DECIDED TO MAKE SOMETHING YOU REFERRED TO I'M JUST LOOKING YOU KNOW IF YOU CUT THEM OFF FROM YOUR DOCK TO WHERE ARE YOU HERE THIS VERSUS YOU KNOW COMING UP THEY'RE TRYING TO GET TO THIS RIGHT OPEN WATER HERE

IS THIS ANOTHER CREEK RIGHT HERE? >> WHAT IS THAT MIGHT BE

ANOTHER OPTION I THINK I THINK THIS IS DEEPER. >> THE ONE THAT YOUR NEIGHBOR SAND LOOKS LIKE THE DEEPER BUT YOU KNOW, THAT'S JUST ME. I MEAN MY COLLEAGUES MAY THINK WELL I MEAN A LOT OF TIMES YOU DON'T THINK ABOUT WHAT THE IMPACT DOCK IS BUT WE DON'T HAVE A DOCK BUT OUR NEIGHBORS DO. IT GOES ACROSS THE MARSH.

AND FOR TEN YEARS, PROBABLY 12 YEARS AFTER THEY PUT THAT DOCK IN, THERE WERE NO RED FISH

[00:45:01]

OF THE PIERS AFFECTED THE FEEDING AREA OF THE RED FISH. >> SO IF YOU COULD SAVE ONE HUNDRED THEY DID DOCK IT WOULD BE A BIG IMPACT WITH THANK NO ONE ELSE DEMOCRACIES THAT THE OTHER DIZZILY GOT PASSED DOWN THAT HELP AT ALL. I MEAN THAT IS SHORTER AND SO YEAH, IT'S WITHIN THE 300 WELL THAT'S THE BOARDWALK'S THREE HUNDRED BUT THEN I THINK THE PERIOD THAT'S AN EXTRA TEMS WITH PROBABLY 310 TO YOU MILLTHORPE WITH THAT SMALLER CREEK I'M JUST CONCERNED ABOUT YOU KNOW PURE HEAD FLOATING DOCK BOAT I MEAN NOW YOU'RE IN A BOAT A GOOD BIT OF RUMINANT CREEK THERE'S JUST STILL LIKE THIS LEVEL NAVIGABLE BECAUSE THERE NAVIGATE NEXT TO IT IF NEED BE IT WOULDN'T PROHIBIT YOUR NEIGHBOR TO YOUR LIVE TO

THREE HOUSES, TWO HOUSES DOWN THE ROAD DEPENDS ON. >> WELL, EXACTLY.

I MEAN QUITE OBVIOUSLY I MEAN YOU HAVE NAVIGATE THROUGH I SEE MONTH MY NAME HE CAN GET OUT AN HOUR AND A HALF AFTER LOW TIDE. I DON'T WANT TO BUILD A DOCK NELSON HE'S GOT TO WAIT TILL THREE HOURS AFTER I TRIED TO GET OUT. GET BACK GET BACK WHAT WOULD

MAKE YOU THINK HE WOULD HAVE TO WAIT THAT LONG? >> IS YOUR IS THAT CREEK THAT MUCH MORE SHALLOW BY. WELL IT GOES COMPLETELY DRY AT LOW TIDE OK AND SO HOUR AND

HALF AFTER LOW TIDE THERE'S NO WATER TO GET OUT. >> BUT YOU KNOW I'VE BEEN IF I'VE GOT A FLOATING DOCK AND A BOAT AND HE'S GOT TO GET OUT AROUND ALL THAT IT JUST IT JUST MIGHT INCREASE THE TIME OR DECREASE THE TIME I GUESS THAT HE WOULD HAVE ACCESS FOR ME.

FOR ME THAT'S A SHORTER DOCK AND SAVE ME MONEY. I MEAN THAT'S GOOD.

BUT I'M JUST CONCERNED ABOUT MONEY. >> I MEAN IT ALMOST LOOKS LIKE IF YOU PUT THE BOARDWALK RIGHT ON THE SET BACK ON AND THEN RUN YOUR DOCK THE OTHER DIRECTION, YOU WOULD NEED A VARIANCE FROM US IF YOU COULD GET THAT UNDER THREE FEET, WOULDN'T YOU DECIDE TO? YEAH, IF YOU IF YOU FLIPPED THE FLOATING DOCK SO YEAH.

>> TUDELA JUST TO SHOW YOU THE CANE YOU CAME JUST STRAIGHT OUT ALONG THE PROPERTY LINE AND THEN HAD YOUR FLOATING DOCK GO IN. YOU WAS GOING THE OTHER WAY.

YOU MIGHT NOT NEED A VARIANCE. I MEAN YOU BE CAREFUL THAT YOU'RE NOT BLOCKING THE ENTRANCE TO THAT THE WAY OUT HERE JUST FOR EXAMPLE WOULD BE WORTH LOOKING AT YOU COULD DO THIS I MEAN YOU SAID YOU'RE ALREADY DOING A SMALLER ONE TOO.

>> YOU CAN SEE THE OTHER THING I WAS CONSIDERING WAS JUST HAVING TO HEAD HERE, GET RID

OF THE FLOATING DOCK. >> I JUST HAVE A BIG BECAUSE IT SEEMS LIKE THAT SPACE RIGHT THERE. DID YOU HAVE A BOAT THEN? I'M NOT IN THE SETBACK BUT STILL PROPERTY TAX DOLLARS OWNING A STOCK. RIGHT.

HE NEEDS TO FIGURE THAT OUT HIMSELF. SHE SAID WE'RE NOT DESIGNING YOUR DOCK. YOU NEED TO FIGURE OUT THAT YOURSELF.

BUT I THINK WHAT WE'RE SAYING IS THERE'S OTHER OPTIONS THAT MAYBE YOU SHOULD EXPLORE BEFORE WE TAKE A PHOTO. I MEAN I'M NOT TELLING YOU WHAT TO DO.

YEAH, BUT I WOULD JUST DO ALL HOMEWORK BEFORE WE CAN TABLE THIS UNTIL OUR NEXT MEETING AND THEN EXPLORE OPTIONS AND THE BEST OPTION THAT YOU KNOW YOUR SUGGESTION BE TO TRY TO PUT SOMETHING IN THE SMALL OR GREEN THAT YOU THINK IT WOULD BE POSSIBLE MAYBE JUST A WELL I GUESS WHAT I'M ASKING FOR THEN IF I COULD GET THE THREE TIM AND JUST PUT A LIFT INSTEAD 44 COULD BE IN A NUMBER OF SOMETHING BUT I'D STILL NEED THREE OR TEN FEET AND WE'D GOT A BIT LIKE YOU SAY WE'D NOT DESIGN ENOUGH FOR YOU BUT IF THAT'S WHAT YOU WANT TO DO MAYBE COME BACK FOR THREE I MEAN TEN FEET YOU KNOW THAT'S AN OPTION OR EXPLORED A SMALLER CREEK EITHER ONE. SO IT'S UP TO YOU. YEAH.

I DON'T WANT TO TELL YOU YOU KNOW DO I MEAN I'M NOT HERE TO GIVE FOR SOME FRACTION OF WHAT WAS THE RIGHT I MEAN LIKE THE DOC YOU GET THREE AND YOU'RE STILL GOING ACROSS THE SAME AREA, YOU KNOW I MEAN LIKE IT'S STILL GONNA HAVE THE SAME IMPACT WHETHER IT'S TWO FEET LONGER OR THREE PEOPLE WE'RE HONEST. SO THAT'S WHERE I'M ALL RIGHT.

WHEREAS IF YOU GO YEAH. I MEAN LIKE IT WOULD BE REALLY GOOD.

[00:50:04]

BUT BUT IF YOU KNOW IF WE'RE GOING TO PROVE THAT WE'RE A HUNDRED AND LET'S CALL IT SIX METERS WHATEVER IT IS AND AGAIN I DON'T KNOW WHAT DO YOU GET INTO THE DESIGN OF THIS? YEAH, I DO UNDERSTAND THAT. BUT WE ARE TALKING ABOUT SO I GUESS I'M HEARING THIS QUESTION IS IF IT WAS 300 REPEATEDLY IMPROVEMENT AND YOU'RE SAYING WELL THIS COMES IN AT 306,

WHAT'S THE DIFFERENCE? IS THAT KIND OF WHAT? >> ARE JUST THAT WE HAVE TO SEE WHAT THE FLOW BRUSH. YEAH WELL YOU KNOW I MEAN I'M ASKING FOR TWO VARIANCES AND THAT'S PROBABLY AN ISSUE. YEAH. RIGHT.

YEAH. RIGHT. RIGHT.

I CAN ELIMINATE THE FLOATING DOCK COME BACK WITH THE 310 FOOT DOCK WITH A LIFT.

I'M NOT IN THE I DON'T NEED THE VARIANCE FOR THE 20 FOOT SUB BACK.

THAT MIGHT BE MORE ACCEPTABLE AT MY. BUT YOU WHAT NATIVE VARIANCE IF YOU GO TO THE SMALLER CREEK AND I WOULD NEED A VARIANCE IF I JUST DO THE SMALLER CREEK YOU DON'T EVEN HAVE TO COME BACK AND SAY YES. BUT IF I LIKE SEEING YOU SPENDING TIME WHERE I DO THAT OK WELL LET ME GIVE THAT SOME THOUGHT.

OK. I'LL GIVE YOUR OFFICE. SO MAYBE YOU COME BACK WITH THREE TEN AND LIFT OR MAYBE DO SOMETHING THE SMALLER CREEK. I REALLY DO WANT TO BOTHER MY NEIGHBOR THOUGH SO I MIGHT JUST COME BACK WITH THE 310 AND A LIFT TO THAT SHOT.

THAT'S WHAT YOU WANNA DO. WELL LET ME ASK YOU ONE QUESTION.

>> YES. OR OVERPAYS COULD YOU GIVE US THE YOU NOT DO THIS.

GIVE US THE WIDTH OF THAT SMALLER CREEK, OK. SO WE'RE ARMED WITH THAT.

WHO WILL HAVE TO GET IT MEASURED WHEN HE GOES BACK TO OH CRM OCR AND REQUIRE THEM FOR THEM TO MEASURE THE CREEK THAT THEY ARE GOING TO. SO THE SERVIA MEASURE THE CREEK BECAUSE YOU'D HAVE TO GET A NEW PERMIT FOR MOSTLY TO GO TO THE SMALLER.

YEAH YEAH. THROUGH EVEN THOUGH SHORTER THAN YOU'VE GOT APPROVED.

>> SO THAT'S MORE OF AN AMENDMENT. WELL WHATEVER WAY THEY DO IT I DON'T KNOW. BUT YEAH AND IF YOU FIND OUT THAT YOU CAN'T GET THIS WITHIN 30 DAYS AND JUST LET THE COUNTY KNOW IT WE'LL PUT IT ON THE DECEMBER.

THAT'S NOT WHAT I WOULD THERE BUT I'LL LOOK THAT OTHER CREEK AS WELL.

RIGHT. RIGHT. RIGHT.

OK. THANK YOU. THANK YOU.

SO WHAT'S THE VERDICT? WHAT DO I TO TABLE IT THAT WE TAKE.

LET HER CONTINUE IT. I DO IT TO THE NEXT MEETING SECOND.

SO IT'S BEEN THE MOTIONS ON THE TABLE TO CONTINUE THIS TO OUR NEXT MEETING IS WE'VE PROBABLY

[12. Ms. Margaret Hughes & Mr. William Duncan are requesting a Variance to construct a dock that is more than 300-feet. Property is located at 199 Fripp Point Road, St. Helena Island. The property is zoned T2-Rural (T2R)]

THERE'S IS THERE ANY PUBLIC COMMENT. FOR ITEM NUMBER ACTUALLY EIGHT NO PUBLIC COMMENT. WE COME. THANK YOU SIR.

YOU MAY CONTINUE. THANK YOU MR. CHAIRMAN. MY NAME IS JOHN CARROLL, A PARTNER AT THE LAW FIRM FOUR MEN. WE'VE GOT TWO OFFICES HERE IN BEAUFORT COUNTY AND WE REPRESENT MISS CARR HUGHES AND MR WILLIAM DUNCAN AND THE OWNERS THE CURRENT OWNERS OF ONE NINE FRIPP POINT. THIS IS IN PROOFPOINT PLANTATION ST. HELENA ISLAND AND ADJACENT TO THEIR PROPERTY IS VILLAGE CREEK VILLAGE CREEK IS THE HOME OF SEVERAL DOCKS SIMILAR THE ONE THAT WE'RE SEEKING A VARIANCE TO CONSTRUCT TODAY AND ALSO THE HOME OF COMMERCIAL FISHING ENTERPRISES THAT RUN UP AND DOWN THE CREEK AND MISS HUGHES GAVE OUR FIRM A CALL BECAUSE SHE DESIRED IS TO SEEK A ZONING VARIANCE OR I SHOULD A VARIANCE PERMIT BECAUSE THE THE IN THE COUNTIES YOU'LL SEE IN THE COUNTIES STAFF REPORT THE COUNTY IDENTIFIES VILLAGE CREEK AS A SMALL TITLED CREEK AND THE CODE SECTION THAT'S RELEVANT AS CITED IN OUR APPLICATION NARRATIVE DEFINES A SMALL TIDAL CREEK IN TWO WAYS AND THAT'S REALLY WHY WHY WE'RE HERE TODAY.

WE KNOW OUR POSITION IS THAT THE CDC IS IN CONFLICT WITH ITSELF BECAUSE IT PROVIDES TWO DEFINITIONS OF WHAT A SMALL TIDAL CREEK IS AND THE FIRST DEFINITION AND FORGIVE ME I'M

[00:55:04]

WE ARE WE ARE AS THEY SAY, STUCK WITH THE MAP. >> I THINK WHAT YOU'RE ASKING US TO DO IS MAKE AN INTERPRETATION THAT IS INCONSISTENT WITH WHAT THE MAP SHOWS. WE DON'T HAVE THE POWER TO DO THAT AND IF YOU WERE TO REVIEW APPENDIX F, WHICH IS THE SECOND DEFINITION OF SMALL TUTTLE CREEK, WE'VE HIGHLIGHTED WHICH I TRIED TO CONVENIENTLY LABEL AS OUR EXHIBIT F IN OUR MERIDITH WE PROVIDE A COPY OF APPENDIX F AND WE PUT RED DOT WHERE THE PROPERTY IS LOCATED.

YOU CAN SEE CLEARLY IT IS NOT COLORED IN AS A SMALL TIDAL CREEK WHICH MAKES SENSE.

I MEAN THERE'S COMMERCIAL FISHING VESSELS GOING UP AND DOWN EVERYDAY UNLIKE THE PRIOR APPLICANT THIS IS NOT A CREEK THAT IS IS SHALLOW WITHOUT WATER WHEN IT HIT DURING LOW TIDE NOW AND YOU KNOW THE CONSTRUCTION RESTRICTION FOR SMALL TITLED CREEKS ISN'T REALLY WHAT WE'RE ARGUING. WHAT WE'RE ARGUING IS IS WHETHER OR NOT WE'RE A SMALL TYTO CREEK AT ALL. SO THE CONSTRUCTION IS THAT YOU ARE ALLOWED TO HAVE A DOCK UP TO THREE HUNDRED FEET WHICH AND IF I HAD BEEN GOOD AT MATH I WOULD HAVE GONE TO BUSINESS SCHOOL AND I LOVE SCHOOL BUT IF I BELIEVE THAT'S ABOUT 90 PERCENT OF A ONE HUNDRED METER CREEK SO YOU KNOW OBVIOUSLY WHAT IT'S ABOUT 90 METERS I BELIEVE THREE HUNDRED FEET SO WHAT WE'RE NOT DESIRING TO GO TO GET RIGHT ACROSS THE WHOLE CREEK IF YOU LOOK AT I BELIEVE IT'S EXHIBIT D IN OUR NARRATIVE WHICH IS THE CONCEPT SURVEY OF OUR DOCK OF OUR DESIRED

PROPOSED DOCK. >> YOU KNOW WE WERE YOU KNOW THERE IS MARSH THAT THE VAST MAJORITY OF OUR DESIRED CONSTRUCTION WHICH IS A LITTLE OVER SEVEN HUNDRED FEET GOES OVER MARSH AND MARSH GRASS AND MUD AND SO FORTH. AND THEN YOU KNOW THAT THE MINORITY OF THE CONSTRUCTION IS WHERE THE DEEP WATER IS, WHERE THE FISHING VESSELS ARE.

AND I'D LIKE TO ALSO POINT OUT AND EXHIBIT LEAVE IT IS JAY CALLED SATELLITE IMAGE TO SOUND FANCY BUT IT'S IT'S REALLY JUST A SCREENSHOT OF GOOGLE MAPS BUT IT'S THE SATELLITE IMAGE OF GOOGLE MAPS AND YOU CAN SEE WHAT I MEAN HOW THE IMMEDIATE ARE NEARLY IMMEDIATE NEXT DOOR NEIGHBOR HAS A DOCK RIGHT NEXT TO OURS. IT'S ABOUT THE SAME LENGTH OF SEVEN HUNDRED FEET AND IT GOES THROUGH THAT MARSH AREA BEFORE IT HITS THE BEFORE HITS THE DEEP WATER AND WE'RE JUST TRYING TO WE'RE SEEKING TO CONSTRUCT A SIMILAR DOCK.

YOU KNOW THE I KNOW THIS IS NO TIME FOR GAMES BUT THE THE HYPOTHETICAL THAT THAT I'D LIKE FOR YOU TO ENVISION IS IT YOU KNOW IF IF I'M A DRIVER THAT'S DRIVING DOWN HIGHWAY 170 AND I SEE A SPEED LIMIT THIS IS THIRTY FIVE MILES AN HOUR AND RIGHT IMMEDIATELY THE VERY NEXT THING THAT A DRIVER COULD READ IS A SIXTY FIVE MILE AN HOUR SPEED LIMIT AND I MEAN I HAPPENED TO BE DRIVING SOMEWHERE IN BETWEEN THERE. I'M IN COMPLIANCE WITH ONE BUT NOT THE OTHER. TO ME THAT VAGUENESS IN THE LAW CREATES AH EXCEPTIONAL AND EXTREME CIRCUMSTANCE. IT WOULD GIVE RISE TO A VARIANCE SHOULD YOU CHOOSE SHOULD YOU ELECT TO TO PROVIDE VARIANCE. SO THAT'S OUR PRIMARY ARGUMENT . WE'VE GOT ONE DEFINITION THIS AS IT'S ONE HUNDRED ME METERS

[01:00:03]

IT'S NOT I DON'T BELIEVE IT'S IN THE CDC AND WE'RE ALL MEMBERS OF A LOW COUNTRY FAMILY HERE. BUT IF YOU GOT TWO GUYS OR TWO GIRLS TO POINT OR THE MARSH BANK WAS IS LOCATED, YOU MIGHT HAVE DISAGREEMENT AS TO WHERE THAT IS.

SO I WOULD ARGUE THE MARSH BANK IS LOCATED WHERE DRY LAND MEETS STARTS TO MEET PLUFF MUD AND YOU START SEEING THOSE CRABS THAT ARE LOOK LIKE BUGS RUNNING AROUND AND YOU HAVE MARSH GRASS . IT APPEARS THAT YOU KNOW, IF IF THE IF THE MARSH BANK WERE DEFINED AS WHERE THE MUD MEETS DEEP WATER THEN YOU'RE MUCH FARTHER UP MAYBE FIVE HUNDRED FEET UP PERHAPS. SO THAT'S A KNOW WHEN YOU'RE WHEN YOU'RE ASKING OWNERS TO RELY ON THE CDC AND THEY LOOK AT THIS MAP AND IT'S NOT SHADED IN AS A SMALL TIDAL CREEK AND THEN IT'S DIFFICULT TO POINT WHERE WHERE A MARSH BANK BEGINS AND WHERE IT ENDS.

YOU KNOW, IT'S IT'S UNIQUE IN THE CDC BECAUSE MANY OTHER AREAS OF THE CDC TO USE TERMS LIKE WHERE THE HIGH WATERMARK IS AND I CAN POINT TO THAT BECAUSE I KNOW WHERE YOU KNOW I KNOW WHERE THE WHERE THE TIDE HOW HIGH THE EXTREME TIDE IS AND HOW LOW THE EXTREME LOW TIDE IS. AND SO THAT'S A DEFINED PLACE OF OF I DON'T NEED A DEATH.

A FURTHER DEFINITION FOR THAT BECAUSE I ALREADY KNOW IT'S SELF-EXPLANATORY.

BUT TO ME THE MARSH BANK TO MARSH BANK IT'S REASONABLE TO SEE HOW THAT COULD LEAD TO TO DIFFERING REASONABLE INTERPRETATIONS. AND I AGREE IT IS A VERY DIFFICULT CHARGE THAT YOU'RE CHARGED WITH. SO TO INTERPRET THE WORDS IN THE MAP THAT WE HAVE IN FRONT OF US THE THE ANALYSTS SAY THIS YOU KNOW, GOING BACK TO OUR FIRST ARGUMENT FORGIVE ME WHEN THE LATE CHAIRMAN STATED THAT WHAT WE HAVE IS THE MAP THE MAP IS THE MAP. MY POINT IS WE HAVE TWO ORDINANCES THAT ARE EQUALLY VALUABLE. SO THE MAP IS AN ORDINANCE MAKE NO MISTAKE SINCE IS MADE UP OF AN IMAGE AND NOT WORDS. IT'S NOT AS THOUGH IT IS NOT AN ORDINANCE.

SO AND IF THERE'S NO GUIDANCE IN THE WORDS IT SAYS WHETHER OR NOT THE MAP CONTROLS THE WORDS OR WHETHER OR NOT THE WORDS CONTROL THE MAP OR WHETHER OR NOT WE HAVE TO COMPLY WITH BOTH OR ONE OR THE OTHER. AND GOING BACK TO MY HYPOTHETICAL WITH THE TWO SPEED LIMIT SIGNS ON THE SIDE OF THE ROAD. I FEEL LIKE TO IGNORE ONE DEFINITION AND ONE ORDINANCE AND NOT THE OTHER TO THE DETRIMENT OF MY CLIENT PARTICULARLY WHEN WE HAVE NEIGHBORS IN THE AUDIENCE WHO ARE ALL IN SUPPORT OF THE DOC BECAUSE IT MIRRORS THE DOCS THAT ARE ALREADY THERE. IT SEEM SEEMS UPON HIM MENTALLY UNFAIR AND THAT IS ANOTHER THAT'S THAT'S REALLY OUR THIRD ARGUMENT THE FAIRNESS ARGUMENT THAT'S YOU KNOW, THE PARTICULARLY SINCE WE THERE SEEMS TO BE NO LITTLE TO ZERO IMPACT TO THE SURROUNDING HOMEOWNERS. NO, WE HAVE NO EVIDENCE TO SUGGEST THAT OUR DOC IS GOING TO IMPEDE THE COMMERCIAL FISHING VESSELS THAT GO UP AND DOWN VILLAGE CREEK. SO YOU KNOW, I WOULD SUGGEST THAT THAT ALSO INDEPENDENTLY CREATES AN EXTRAORDINARY CIRCUMSTANCE THAT WOULD GIVE RISE TO A VARIANCE PERMIT.

SHOULD YOU BE INCLINED TO TO GRANT THAT THAT THAT IS IT IN A NUTSHELL ARGUMENT I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE WHAT YOUR EMPTY FREQUENCY IS OR IT?

[01:05:10]

I BELIEVE IT'S THE LINE HERE ONE HUNDRED AND SEVENTY FOUR FEET TWO HUNDRED AND SEVENTY FOUR FEET AND I'D LIKE TO KNOW THIS IS WHAT THEY'RE MEASURING THIS HUNDRED SEVENTY FOUR FEET I'D LIKE TO COMPARE THAT TO WHERE I BELIEVE THE MARSH BANK BEGINS THE WOULD YOU BELIEVE.

>> YEAH I WAS GONNA SAY OCR DOES FROM THE CRITICAL LINE AND THEY GO OUT AND PHYSICALLY MARKED THE CRITICAL LOW. I CERTAINLY AGREE. SO THAT'S WHERE THE MEASUREMENT COMES FROM IS THE CRITICAL RIGHT AND THAT BUT THAT'S NOT WHAT THE CDC SAYS.

>> HE SAYS THE MARCH THING AND IT DOESN'T SAY THOUGH CRM LODGE AND IF YOU'D LOOK AT SO THIS IS OUR NEXT DOOR NEIGHBOR THIS DOC IF YOU LOOK AT THIS DOC, YOU CAN SEE THAT CRM WAS PROBABLY AWARE THAT IT'S LOOKS TO BE JUST ABOUT OR THAT DEEPWATER BEGINS.

OBVIOUSLY THIS IS AN EYEBALL ESTIMATE HERE BUT IF YOU MEASURING FROM FROM THIS DISTANCE THEN THEN IT YOU DON'T IT ONLY SEEMS FAIR TO GIVE US THE SAME BENEFIT OF OF THE MEASUREMENT THEN ALLOW OUR MEASUREMENT TO START HERE AT THE SAME LINE.

>> WHAT'S THE MEASUREMENT OF YOUR MEASUREMENT? WELL THE THE ENTIRE CONSTRUCTION OF THE DOCK IT GOES ALL ALL THE WAY BACK TO WHAT YOU ARE REFERRING TO.

>> YOU SAID WE SHOULD MEASURE FROM OH YES SIR. YES SIR.

SO IF IF THE IF THIS IS THE LINE THAT WE'RE MEASURING FROM THEN THE DOCK THAT ONE MIGHT ARGUE THAT THE DOCK IS YOU KNOW, LET LESS THAN ONE HUNDRED FEET IT IT LOOKS LIKE DON'T HAVE THAT MEASUREMENT RIGHT HERE BUT BECAUSE OF THIS IS NOT DOCK OR IF THIS IS NOT A PART OF THE CREEK THEN THIS WOULD NOT BE DOCK THAT WOULD BE A WOOD PLANK ON THE GROUND.

NOW OUR ARGUMENT IS NOT THAT YOU KNOW, IT'S CLEARLY MARKED GRASS'S IT'S YOU KNOW, I WOULDN'T TAKE MY FLIP FLOPS OUT THERE. SO OUR ARGUMENT IS THAT THIS IS THE CREEK GOING OFF OF THIS DEFINITION. SO THE DEFINITION IS FROM MARSH BANK, THE MARSH BANK OR THE PORT. TAKE IF YOU DON'T LIKE THAT DEFINITION YOU CAN LOOK AT THE OTHER DEFINITION WHICH IS LOOK AT APPENDIX F WHICH DOES NOT SHADE THIS AS A SMALL TITLE CREEK AND GOING BACK TO MY SPEED LIMIT EXAMPLE EXHIBIT F IS THE HIGHER SPEED LIMIT AND AN YOU KNOW THE ONE HUNDRED METERS AS IS THE LOWER ONE.

IT SEEMS THAT WE'RE IGNORING ONE DEFINITION. I HAVE A COUPLE OF QUESTIONS THAT ARE NOT RELATED TO THAT. WHEN DID YOUR CLIENTS BUY THIS PROPERTY BLOOK LATE 20.

>> ACTUALLY I WAS JUST BOTHERED TO SUGGEST IT. YES.

OKAY. AND SO WORSE YOU'RE SUPPOSED TO PROVE A HARDSHIP AND IF I REMEMBER CORRECTLY THAT THIS HAD BEEN TURNED DOWN BY THE PREVIOUS OWNERS OF THE PROPERTY. SO THEY WERE AWARE THAT THIS WAS NOT ALLOWED PRIOR TO BUY ON

THE PROPERTY, CORRECT? >> WELL, SO THE PREVIOUS OWNER APPLIED AND WE HAD WE HAD CLOSED ON THE PROPERTY DEPENDENCY THAT APPEAL. SO WE WE YOU HAD IT WAS ALREADY KNOWN THAT THIS WAS A SMALL TITLE CREEK THAT THE DOCK WASN'T ALLOWED ON OVER HUNDRED FEET WHEN THEY BOUGHT THE PROPERTY. IT WAS KNOWN THAT STAFF'S INTERPRETATION OF THE CDC WAS THAT IT WAS A SMALL TYTO CREEK AND WE BUT WE DID NOT HAVE A FINAL DECISION FROM THIS BODY IS OUR POSITION THAT WE ARE NOT A SMALL PUDDLE CREEK BUT THEY BOUGHT THE PROPERTY SO I'LL BE TRYING TO SEE HOW IS IT A HARDSHIP WHEN YOU KNOW THAT

WHEN YOU BUY THE PROPERTY? >> WELL, I SUPPOSE I MEAN AND OF COURSE WITH RESPECT I SUPPOSE IF IF I'M A BUYER OF THE PROPERTY IN THE CDC SAYS AN INVENTORY OF SMALLTIME CREEKS IS ON APPENDIX F AND I LOOK TO APPENDIX FOR MY PROPERTIES ON THAT THEN THAT

SEEMS TO BE AN EASY APPEAL TO WIN. >> NOW I'M NOT SUGGESTING THAT THIS IS AN EASY CASE BUT I CAN SEE HOW A HOMEOWNER, A HOME BUYER WHEN YOU HAVE A NEXT DOOR NEIGHBOR THAT HAS AN DOCK OF ALMOST EQUAL DISTANCE, YOU HAVE AN ASSURANCE FROM THE OWNER THAT SELLING IT TO YOU THAT SAYS YEP, IT'S FINE. YOU KNOW, WE'RE YOU KNOW, I DON'T KNOW HOW YOU GOT HERE SO TOUR. WHAT'S THE POINT OF THE NEXT

[01:10:11]

TO ME THAT SEEMS IT'S CLEAR IN PLUS EVEN IF YOU GO BACK TO THE WEAVER CASE WHICH YOU CITE DIRECT GREENWAY SAYING IN THEIR HATE THE WHOLE POINT I'M GETTING WORD RECREATE DEFINITION IS BECAUSE THERE WAS CONFUSION FROM THE MAP AND THAT THE MAP WOULD JUST BECOME A REFERENCE POINT OF THERE. I UNDERSTAND AND APPRECIATE YOUR ARGUMENT BUT I THINK IT'S CLEAR THAT IF IT'S 100 METERS OR LESS YOU'RE IN A SMALL TIDAL CREEK AND IT'S NOT JUST IF IT DOESN'T FALL, IF IT'S NOT LISTED ON APPENDIX F AND I THINK THE FACT THAT THE DIRECTOR CAN REQUEST A SURVEY MAKES IT PRETTY CLEAR THAT EXHIBIT F ISN'T INCLUSIVE OF EVERY SMALL TITLE GROUP B FOR COULD YOU GET A SURVEY OF ON THE DOCK AT THE SURVEYOR PLACE THE WIDTH OF THE CREEK ON THE RIGHT WHICH IS ONE HUNDRED AND SEVENTY FOUR.

YES. SO IF THIS AND IF IF THE CREEK STARTS HERE THEN MINUTE I'M SCRATCHING MY HEAD AND TRYING TO UNDERSTAND WHY THIS THE REST OF THE SIX HUNDRED FEET IS BEING CALCULATED IN OUR SEVEN HUNDRED FEET CALCULATION BECAUSE IF THIS DRY LAND IT'S NOT DRY LET NOT OUTLINE LINUS MARSH RIGHT. IT'S NOT DRY FOR HIM IF I SUPPOSE MY POINT OR THE CRITICAL LINE IS NOT DRY. YES.

AND I CERTAINLY UNDERSTAND THAT . I SUPPOSE MY POINT IS THAT MARSH BANK WHICH CAN BE MY WHEN I'M READING THE WORDS MARSH BANK THAT MEANS WHERE THE MARSH STARTS AND WE DON'T HAVE THIS MIS MEASUREMENT HERE. SO I WOULD ARGUE THAT THIS IS WHERE THE CREEK SIR YOU HAVE TO LOOK AT WHERE THE CREEK IS AT FOR MARSH BEING A BODY OF WATER TO THE MARKET, NOT ONE SIDE OF THE CREEK MARKET, JUST NOT WHAT I WOULD CALL MARSH THE

AREA. >> AND THEN THE MEASUREMENT OF THE DOCK IS FROM DRY LAND TO

OVER THE MARSH TO THE MARSH BY THE CREEK TO THE CREEK. >> SO I SUPPOSE WHAT WOULD BE HELPFUL FOR OUR CLIENTS IS IS A DEFINITION FOR MARSH BANK. YOU KNOW, IF IF WE'RE GOING TO IGNORE THE MAP YOU KNOW, I WOULD INITIALLY ARGUE THAT THE MAP WAS NOT AMENDED AND ALSO HAS GOVERNING AUTHORITY. THE MAP IS AN ORDINANCE IT DOES HAVE GOVERNING AUTHORITY.

YOU KNOW AND I UNDERSTAND THAT THE CDC IS CERTAINLY IN CONFLICT WITH CELL AND IF YOU LOOK AT CERTAIN DEFINITIONS AND WHEN WE CLEARLY DON'T DON'T QUALIFY FOR THIS BUT IF WE'RE ALSO IGNORING THE MAP AND OTHER OTHER DEFINITIONS AND WE ALSO DON'T HAVE IF IT SAID WHERE THE OCR LINE STARTS AND I I WOULD UNDER STAND FOR MEMBER OF FREDERICK'S ARGUMENT THAT OBVIOUS INCORRECT ON TIME WHERE THE OCR IN LINE IS THE OCR ROOM IS UP AGAINST THE MARSH AND THE PROPERTY AND THE CREEK MARCHELINE IS OUT ON THE OTHER SIDE OF THE ACTUAL MARSH AT THE

RIVERBANK GETTING UP THE CREEK. >> SO IT IS YOUR INTERPRETATION THAT THE MARSH BANK IS WHERE THE THE INDUCTIVE PROPERTY WHERE THE PROPERTY ENDS AND THE MARSH BEGINS.

>> LOOK MY MY IT'S A DIFFICULT INTERPRETATION BECAUSE THERE'S NO DEFINITION FOR MARSH BANK.

I DON'T KNOW WHERE THE MARSH BANK IS. SO IT'S DIFFICULT FOR ME TO COMPLY WITH IT AND I SUPPOSE THAT'S MY POINT. IF IF WE'VE GOT A MAP THAT DOESN'T THAT SAYS THAT WE COMPLY AND ANOTHER ORDINANCE WITH WORDS THAT SAYS WE DON'T WE'VE GOT THE ONE WITH WORDS DOESN'T CODE DEFINE WHERE THE MEASUREMENT BEGINS? THAT TO ME CREATES AN EXTRAORDINARY CIRCUMSTANCE PARTICULARLY GIVEN THAT THE REST OF THIS NEIGHBORHOOD HAS SIMILAR DOCKS, HAS NO ISSUE OR PROBLEM WITH THIS WHATSOEVER AND THE DOCKS ARE CLEARLY NOT HARMING THE FISHING CATEGORY. THEY'RE THE FISHING INDUSTRY THERE BECAUSE WE HAVE COMMERCIAL VESSELS UP THERE EVERY DAY.

THIS IS NOT THIS IS NOT A COMMERCIAL THIS IS NOT A SMALL TITLE KREIG SUCH AS THE PRIOR APPLICANT WHICH IS DRY AND LOW TIDE. THIS IS A THIS IS DEEP WATER.

THE OTHER THING IS THE FISHY. >> YOU SIGNED THE WAIVER CASE BUT I THINK IT CUTS BOTH WAYS

[01:15:04]

LOOK IN RECTIFY ANYTHING THAT'S BEEN DONE IN THE PAST. >> AND IT'S BEFORE IT'S NOW IT'S SOMETHING WHERE THE CODES BEEN CHANGED AND IT'S BEEN AMENDED TO SPECIFICALLY NOTE IN PROVIDING DEFINITION SO THAT THINGS THAT MIGHT BE MISSED ON THE MAP IN UPDATED HERE WE HAVE SOMETHING THAT YOU KNOW RIGHT NOW WE'VE GOT A CLEAR DEFINITE ERM WHAT SOME WOULD SAY IS A CLEAR DEFINITION OF THE MORE SMALL TITLE CRAIG THIS CLEARLY SEEMS TO FALL UNDER.

RIGHT. >> AND AND SMALL TITLE CRITICS ARE DEFINED AS TIDALLY INFLUENCE BODIES OF WATER THAT ARE 100 METERS OR LESS IN WITH MEASURED FOR MARSH BANK TO MARCH BANK THE BEAUFORT COUNTY SMALL TIDAL CREEK DELLING A NATION MAP SEE APPENDIX F PROVIDE AN INVENTORY OF SMALL TIDAL CREEKS AND VIEW FOR COUNTY.

I AM IN AGREEMENT THAT THAT REASONABLE MINDS CAN DIFFER WHEN INTERPRETING ORDINANCE AND MORE QUESTIONS BUT I HAVE TO BECAUSE THERE IS LIKE TO HEAR FROM KEN.

WELL GOOD EVENING. I JUST WANTED TO GET SOME BACKGROUND TO THE ORDINANCE SINCE THAT'S ONE OF THE ISSUES THAT BEEN BROUGHT UP. WE ADOPTED THE ORIGINAL DOC ORDINANCE I BELIEVE IN 2000 AND WE HAD THE JSC DEPARTMENT MAP THE SMALL TITLE CREEKS BUT THEY WORKED OFF OF THE GISS MAPPING WHICH IS NOT 100 PERCENT ACCURATE IN TERMS OF MEASURING THE WIDTH OF THE CREEKS. AND WE WE'VE DEALT WE DEALT WITH THOSE MAPS FOR MANY YEARS AND IN TWO THOUSAND EIGHT TEEN IN RESPONSE TO KNOWING THAT THERE WERE SMALL TIDAL CREEKS THAT WERE NOT LISTED ON THE MAP. IN ADDITION, THERE WERE SOME CASES I THINK WHERE THE MAP MAY HAVE IDENTIFIED IDENTIFY OR TO FIND SOMETHING SMALL TIDAL CREEK THAT MAY NOT HAVE BEEN ONE. SO WE DID WE DECIDED THAT HAVING A LAYER OF WIDTH MEASUREMENT WAS THE BETTER GO TO SO THAT SMALL TIDAL CREEKS WERE DEFINED BY THE ONE HUNDRED METERS METER WIDTH AND I BELIEVE WE GOT THAT INFORMATION FROM OCR AT THE END OF THEIR DEFINITION OF SMALL TIDAL CREEK IN ADDITION TO THAT TERM MARSH BANK AND MARSH BANK IS THE EDGE OF THE WATER. SO IT'S WHERE THE WATER BECOMES THE PLUFF MUD. SO THAT'S THAT'S WHAT WHAT THAT IS INTENDED.

SO THE IDEA AND THEN THE SURVEYOR THE LANGUAGE ABOUT A SURVEYOR IS THAT WHEN THERE IS A CONFLICT BETWEEN THAT MAP AND THE DEFINITION OF THE SMALL TIDAL CREEK IT PUTS THAT THE ONUS ON THE APPLICANT TO HIRE A SURVEYOR TO MEASURE THE WIDTH OF THE CREEK SO IT GOES THE ULTIMATE DEFINITION IS THAT ONE HUNDRED METER WITH SO I JUST WANT TO CLEAR THAT UP.

I THINK THAT YOU THINK THAT THAT WOULD HELP IN UNDERSTANDING STAFF'S INTERPRETATION OF WHY THAT WAS THE WAY IT IS. ROB IS THE ONE HUNDRED METER ALSO TO CLARIFY BECAUSE WE ARE IN TIDAL AREAS THAT CHANGE THAT CREEKS COULD CHANGE WIDTHS OVER TIME TO MEAN THAT THAT WOULD MAKE SURE THAT WE CAPTURED OFF THE ONES THAT WERE SMALL.

YEAH. I MEAN IT ALSO WOULD BE TO THE DATE OF THE APPLICATION AND SOMEBODY WOULD BE MEASURING THE WIDTH OF THE CREEK. THE QUESTION.

CAN YOU EXPLAIN A LITTLE BIT THE BACKGROUND THAT WAS DISCUSSED FROM OUR PREVIOUS OWNER BEING TURNED DOWN POSTPONED WHATEVER TO THAT I THINK HILLARY BY PAUL SPEAK TO THAT THE THREE OBVIOUS JOHN DALE HIS WHEN HE CAME IN HE GOT TO STOP IT I THINK SOMETIME IN 2020 OR SOMETHING LIKE THAT. SO WHEN HE CAME IN I WROTE A LETTER STATING THAT I WOULD NOT BE ABLE TO APPROVE HIS DOC BECAUSE IT WAS SEVEN HUNDRED AND WHATEVER FEET AND LOOKING AT THE PERMIT AT OCR IT SHOWS THE MEASUREMENT OF THE CREEK AND THIS WHERE HE'S PUTTING HIS STOCK IT'S MEASURED AT ONE EIGHTY FOUR FEET. SO I, I WROTE A LETTER AND I

[01:20:01]

SO THAT'S HOW THAT CAME ABOUT. AND BACK IN TWENTY SIXTEEN WHEN THE NEXT DOOR NEIGHBORS DOCK WAS APPROVED, IT'S BECAUSE WE ONLY HAD THAT MAP AND IF YOU LOOK AT THAT MAP IT DOESN'T SHOW IT AS A SMALL TITLED CREEK . SO WE JUST SAID OK IT'S THE ONLY MAP WE HAVE YOU'RE EXEMPT. AND THEN AFTER THE MEETING AND MR GASPARINI AND ALL THAT CAME ABOUT WITH A MAP THE PLANNING DEPARTMENT DECIDED LET'S GO AHEAD AND PUT A CLEAR DEFINITION OF WHAT A SMALL TITLE GREEK IS AND THAT WAS DONE AND THAT WAS DONE IN

TWENTY NINETEEN. >> SO THAT'S A DECENT LOT. >> THIS PROPERTY WAS IN 2016 JUST PRIOR TO YES. PRIOR TO WHEN WE ONLY HAD THE MAP AND THAT'S ALL WE HAD TO GO BY AND AS OF NOW IT'S GRANDPA THERE AGAIN BECAUSE IT WAS DONE YET IT'S BUILT AND IT'S THERE AND I CAN'T TAKE IT BACK ANY MORE QUESTIONS IT AGAIN THANK YOU FOR THREE RESPONSE AND THAT WAS VERY HELPFUL FROM THE COUNTY AND IN REGARDS TO PROCEDURAL POSTURE, WE DID MISS

DIRECTOR AUSTEN. >> CORRECT. SO THE PRIOR OWNER FILED AN APPEAL FOR OUR INVOLVEMENT AND WE INITIALLY BELIEVE THAT THAT WE WERE SINCE THERE IS A DEADLINE TO APPEAL THAT WE WERE SCRAMBLING TO GET IN UNDER THAT DEADLINE AND THEN WE GOT GUIDANCE FROM THE COUNTY THAT SINCE OUR NEW OWNER WE DIDN'T HAVE STANDING AND THE MORE APPROPRIATE PATHWAY WOULD BE FORBEARANCE PERMITS. THAT'S WHY WE'RE REQUESTING A VARIANCE. BUT THE THE WORDS AND THANK YOU FOR THE EXPLANATION WITH BACKGROUND IN THE HISTORY THE WORDS THAT WERE USED WHEN THE COUNTY SPOKE WAS WHEN THERE IS A CONFLICT USE HUNDRED METERS. BUT I DON'T SEE THOSE WORDS IN THE ORDINANCE.

IT SAYS HUNDRED METERS FROM OUR STATE THE MARCH BANK SEE APPENDIX F F FOR AN INVENTORY SMALL TITLE KRIEG'S IT DOES NOT SAY WHEN THERE IS A CONFLICT RELY ON THE WORDS IT IT HE USED THE WORDS THE ULTIMATE DEFINITION BUT WE DON'T HAVE THAT GUIDANCE HERE.

THAT'S THAT'S NOT WHAT COUNTY COUNCIL ADOPTED. THOSE ARE NOT THE WORDS THAT COUNTY COUNCIL ADOPTED. SO I FIND IT DIFFICULT TO IMAGINE THAT COUNTY COUNCIL INTENDED FOR US TO COMPLETELY IGNORE APPENDIX F IN THE EVENT IF IF IT IS TO BE IF IT'S TO HAVE NO GOVERNING EFFECT WHATSOEVER IF THAT WERE THE CASE THEY WOULD HAVE FURTHER AMENDED THE CDC TO DELETE ACCEPT. SO OUR OUR POSITION FROM THE GET GOES THAT IS WE CAN PLAY GAMES WITH THE MARSH BANK, THE MARSH BANK BUT OUR OUR ULTIMATE POSITION IS THAT WE ARE NOT A SMALL TATO CREEK PURSUANT TO ONE OF THE DEFINITIONS PROVIDED IN THE CDC. WE DON'T HAVE ANY FURTHER GUIDANCE WITH THE WORDS ON THE

PAGE THERE AS TO WHETHER ONE DEFINITION TRUMPS THE OTHER. >> SO I GUESS YOUR MAIN ARGUMENT IS WHETHER THIS IS A SMALL TIME OR NOT. YES, SIR.

THAT'S OUR PRIMARY ARGUMENT. THEN IT SHOULD BE AN APPEAL NOT A VARIANCE BUT WE AND MR CHAIRMAN, WE BELIEVE THAT THE APPROPRIATE WAY TO TO PURSUE THIS WAS AN ADMINISTRATIVE APPEAL THAT WAS FOLLOWED. OF COURSE ONE IS FOLLOWED AFTER A STAFF DECISION IS MADE.

THEN YOU DO HAVE A DEADLINE AND THEN WE'RE TOLD THAT THAT WE DIDN'T HAVE STANDING TO APPEAL THAT DECISION. SO I GUESS YOU DIDN'T YOU CAN APPEAL THIS ON YOUR OWN BECAUSE YOU'RE SAYING THIS IS SO YOU COULD COME IN AND SAY OH, I'M APPEALING THIS TAX THAT THERE'S A PROBLEM AND AN APPEAL AND STATE YOUR CASE. BUT THE COUNTY IS SAYING IT IS

[01:25:05]

DECISION WE CAN DO THAT. >> YES MA'AM. THANK YOU.

>> SO I GUESS ONE OF THE THING IS I MEAN WE CAN MOVE FOR OR IS THIS REALLY A VARIANCE OR IS THIS AN OPIATE BECAUSE OF YOU APPEALING THE RATHER NOT THIS IS A TYPE OF CREEK.

I KNOW THAT THAT'S NOT FORCE OR VARIANCE IS THAT THE VARIANCE REQUEST IS THAT SINCE THERE'S VAGUE DEFINITIONS WITHIN THE CDC THAT IS WHAT GIVES RISE TO WHETHER PART THAT IS THAT'S WHAT GIVES RISE TO THE EXTRAORDINARY CIRCUMSTANCE AS TO WHETHER OR NOT A HOMEOWNER MIGHT HAVE A HARDSHIP AND THERE MIGHT BE CONFUSION AS TO WHETHER OR NOT WE'RE A SMALL TIDAL CREEK. NOW THERE'S THAT SECTION IN THE CODE THAT SAYS IF THERE IS A CONFLICT OR IF THERE'S SOMETHING THAT'S NOT CLEAR THEN YOU APPEAL THAT YOU GET AN INTERPRETATION AND THEN YOU APPEAL IT. YOU CAN'T COME FOR VARIOUS AND SAY THE CODE IS UNCLEAR THE CODE IT'S BLACK AND WHITE, IT'S ONE HUNDRED METERS OR THE MAP OR YOU GET A SURVEY TO MEASURE THE WIDTH WHICH WOULD BE A WASTE MONEY BECAUSE IT'S ALREADY MEASURED AND IT IS A SMALL TIDAL CREEK. NOW I CAN TELL YOU THAT IN A LETTER AND YOU COME BACK AND YOU APPEAL THAT DECISION AND THAT'S WHERE YOU WOULD BRING UP THE TEXT BECAUSE IF YOU'RE HAVING A CONFLICT WITH THE TEXT YOU APPEAL THAT OR YOU GO AND YOU GET A TEXT CHANGE BUT YOU CAN'T TAX OR VARIANCE BASED ON CONFLICT WITH THE TEXT THAT THAT IS THE TEXT CAUSING THE HARDSHIP FOR YOUR CLIENTS. IT'S IT'S NOT IT'S MEANT IN THE

EVENT WE WERE TO APPEAL. >> MY CONCERN FROM A PROCEDURAL STANDPOINT IS THAT SINCE AN APPEAL WAS FILED BASED ON A DECISION THERE'S A VERY DOT I'M CONCERNED THAT WE MAY BE RESTRICTED IN SOME WAY FROM FILING AN APPEAL SINCE THAT INITIAL NO, NO, NO.

>> YOU GET A NEW YOU REQUEST THE DOCK PERMIT. I DENY YOU AND YOU APPEAL THAT YOU JUST COULDN'T PIGGYBACK ON THE OLD PEOPLE'S APPEAL DENIAL SO YOU GET YOUR OWN AND THEN YOU APPEAL IT. THANK YOU. OR YOU APPEAL WHAT YOU'RE YOU'RE STATING RIGHT NOW THAT THERE IS A CONFLICT WITH THE CODE AND AN IN GET IT ASKS ONE INTERPRETATION WE GIVE IT TO YOU AND YOUR FEEL THAT. THANK YOU SIR.

IN THE MORE APPROPRIATE PATHWAY TO TO ARGUE VAGUENESS IN THE TEXT AND THE CDC WOULD BE HAPPY TO FILE AN APPEAL OF SOME MY MY CLIENT AGREES IN THE CASE OF A HARDSHIP I SUPPOSE OUR FINAL ARGUMENT WOULD BE AH OUR THIRD ONE BEING JUST A JUST A FAIRNESS ARGUMENT THAT WE'VE GOT NEXT DOOR NEIGHBORS WHO ARE IN SUPPORT OF OUR VARIOUS REQUESTS TODAY WHO HAD DOCS OF OF EQUAL LENGTH THEN WE HAVE COMMERCIAL VESSELS THAT ARE UTILIZING THIS AND SOMETHING THAT I NEVER BELIEVED THIS SMALL TIDAL CREEK WOULD BE UTILIZED AND I BELIEVE THOSE THAT FACT PATTERN FUNDAMENTAL FAIRNESS FACT PATTERN MAY PROVIDE EXTRAORDINARY CIRCUMSTANCE WHICH WHICH WOULD GIVE VARIANCE PERMITTED SHOULD YOU BE INCLINED TO GRANT ONE TODAY. SO YOU WANT US TO MOVE FORWARD ON THAT? THIS IS WHAT YOU'RE SAYING JUST FROM A POINT OF ORDER I SUPPOSE I DON'T KNOW IF THE IF THE QUESTION AND THE SCOPE WAS LIMITED TO THE QUESTION OF WHETHER THE FAIRNESS AND THE NEIGHBORS IN SIMILAR DOCS, I SUPPOSE I WOULD BE DELIGHTED FOR THAT TO RECEIVE A TODAY

[01:30:04]

NOT PRECLUDED FROM DOING SO. >> I MEAN IF YOU GUYS TURN HIM DOWN FOR THE VARIANCE THEN I DON'T THINK HE CAN COME BACK WITH AN APPEAL. SO YEAH, I'M WRONG.

I MIGHT AS WELL JUST SUE. YEAH. CAN YOU COME FOR THE APPEAL? CLEAR. IF BECAUSE WHAT I HEAR IS THEIR MAIN ARGUMENT OVER INTERPRETATION IN IN NOW. BUT WHAT WOULD THE PROCESS AND PROCEDURE BE FOR HIM TO BRING THAT INTERPRETATION ARGUMENT GIVEN WOULD THEY WITHDRAW ALL THE VARIANCE.

>> YES I THINK RIGHT MARK JUST ASKED TABLEMATE OR WELL IF YOU GO I THINK DRAW YOU DRAW DRAW YES. IS VALID. YES.

AND THEN COME BACK WITH WHAT THE APPEAL INTERVIEW WITHDRAWAL THIS BECAUSE I THINK WHAT I'M HEARING IS THAT YOU MIGHT NOT WANT TO VOTE ON THE FAIRNESS ARGUMENT BUT IF THAT WOULD PRECLUDE OUR ABILITY TO FILE AN APPEAL APPLICATION THEN I WOULD BE INCLINED TO AGREE AFTER MEETING WITH MY CLIENT TO DISCUSS WHERE WE WILL WE WILL GIVE YOU THAT OPPORTUNITY TO

MEET WITH YOU. >> I SEE THEY WOULD LIKE TO ACCESS THIS BOARD TO WITHDRAW AND THEN YOU CAN COME BACK WITH AN APPEAL. THANK YOU, MR. CHAIRMAN.

THE ATTORNEYS CAN GET YOU THE IS THERE ANY PEOPLE JUST FOR TEN MINUTES TO PLEASE. WELL, I DON'T LIKE THE VOTE COUNT. YES, YES. YES.

SHOULD JUST MEDICAL REASONS. YES. COULD YOU SIMPLY REASONS TO

GIVE THE TEN BISCUITS. YES. >> MR CHAIRMAN I MOVE WE RECESS FOR TEN MINUTES TO ALLOW THE APPLICANT TO CONSULT WITH HIS CLIENT.

OKAY SO WE'LL RECONVENE AT SIX FORTY FOUR ON THE FLOOR T .

>> THANK YOU MR. THANK YOU MADAM VICE CHAIRMAN AT GIVEN THE DISCUSSION AND THE TESTIMONY MORE WE'RE INCLINED ACTUALLY WE ARE NOW WITHDRAWING OUR VARIANCE REQUEST FOR VARIANCE PERMIT. I UNDERSTAND THAT WE MAY STILL HAVE THE ABILITY TO FILE AN APPEAL. SO WE WE WE MAY DECIDE TO FILE THAT APPEAL.

WE APPRECIATE EVERYONE'S PATIENTS TODAY AND ALL THE FEEDBACK RECEIVED IS VERY

HELPFUL FOR US. >> SO ALL YOU HAVE TO DO IS EXS BOARD THAT FORMS THAT YOU WANT

[01:35:02]

THIS IS MY FORMAL REQUEST TO WITHDRAW MY AND YOU'LL BE COMING BACK WITH AN APPEAL.

YES, SIR. THANK YOU. THANK YOU.

I DON'T THINK WE NEED TO VOTE ON THAT. I MEAN.

[15. NEW BUSINESS Adoption of 2023 Meeting Schedule]

ANY NEW BUSINESS ADOPTION OF THE TWO THOUSAND TWENTY THREE MEETINGS.

I WOULD LIKE TO ADOPT A MAN THAT'S SCHEDULED TO DELETE THE DECEMBER BOARD MEETING OF THE SLOWEST AND MOST WE'VE MADE TO ADOPT THE MEETING SCHEDULE. WE'RE MEETING THE DECEMBER

MEETING. >> SO I'M TALKING ABOUT THIS NEXT DECEMBER 20, 2013.

NEXT YEAR 2023. ALL RIGHT. SO FAR SO THE MOTION ON THE FLOOR. GET A SECOND SECOND ORDER PAPER CONCEPTUAL EVAN.

GUESS WANTED TO GO THE GERMAN MAJOR THE PROBLEM MADE SECOND ORDER FAVORITE BE ME.

>> WE ARE HAVING

* This transcript was compiled from uncorrected Closed Captioning.