Jan 26, 2023 Zoning Board of Appeals

[00:00:09]

KNOW. GOOD EVENING EVERYONE AND WELCOME TO OUR SCHEDULE ZONING BOARD OF APPEAL. FIRST OF ALL LET ME BEGIN BY SAYING HAPPY NEW YEAR TO AND IT IS OUR CUSTOM THAT WE BEGIN OUR MEETING BY RECITING THE PLEDGE OF ALLEGIANCE BACK AT YOU GUYS AND STAND IS THE THING I PLEDGE ALLEGIANCE TO THE FLAG UNITED STATES OF AMERICA AND ROTARY CLUB WHICH STANDS FOR NATION INDIVISIBLE WITH LIBERTY JUSTICE FOR ALL PEOPLE I HAVE

[4. ADOPTION OF AGENDA ]

ADOPTION OF THE AGENDA EVERYONE HAD THE OPPORTUNITY TO LOOK OVER THE AGENDA.

YES. ANY QUESTIONS? ADDITIONS, DELETIONS NO.

I MOVE. WE ADOPT THE AGENDA AS SECOND PROBLEM MADE A SECOND ALL THE

[5. APPROVAL OF MINUTES – November 17, 2022]

[6. Pulte Home Company is requesting a Variance to construct a non- residential structure within the required 100-feet setback from the OCRM Critical Line. Property is located at 95 Pritcher Point Road, Bluffton. The property is zoned Osprey Point PUD (Malind Bluff). ]

WE'VE BEEN REQUIRED 100 FEET SO THAT IS YOU YOU SEE YOU GOT TO COME FORWARD AND LET US KNOW WHAT IT IS THAT YOU'RE REQUESTING. YOU HAVE CONTROL OF YOUR WHILE HE'S DOING THAT. GOOD EVENING. I'M JOHN PAUL MOORE WITH THOMAS AND HUTTON ON BEHALF OF THE APPLICANT PULTE JOHN GIDDINGS AND HE WORKS FOR PULTE HOPEFULLY I CAN PULL THIS HERE SO WE CAN GO THROUGH THIS PERFECT.

ALL RIGHT. THANKS FOR BEING HERE TONIGHT. HAPPY NEW YEAR TO YOU ALL AS WELL. JUST A QUICK OUTLINE WE GO THROUGH THE PROJECT OVERVIEW OVERVIEW WE'LL GO THROUGH THE VARIANCE COMMITTEE AND THEN OPEN FOR DISCUSSION OR ANY QUESTIONS YOU MAY HAVE. PROJECT OVERVIEW PROPOSAL ENTITY CONSISTS RESTROOM BUILDING PARKING SWIMMING POOL PICKLEBALL COURT PLAYGROUND A TWO STORY OPEN AIR PICNIC SHELTER WHICH IS THE TOPIC OF THE VARIANCE TONIGHT. SEE THE SITE PLAN ON THE SCREEN THAT WAS ALSO SUBMITTED WITH THE PACKET THE PAVILION IS THE WHITE STRUCTURE SHADED THERE'S AN EXISTING HOME THERE AND ALL WORKS AND ALL WE'RE ASKING TO DO IS TO REMOVE THIS HOME AND PUT IN A PAVILION A PICNIC PAVILION FOR THE RESIDENTS, THE COMMUNITY TO USE.

HERE'S THE FRONT VIEW OF THAT HOME YOU THERE'S A VERY LARGE OAK TREE IN FRONT AS A SIDE VIEW IT'S GOT A 65 INCH LIVE OAK OUTSIDE THE HOME. SO I DON'T KNOW IF YOU WANT ME TO READ ALL THESE BUT IF YOU HAVE ANY QUESTIONS I KNOW I KNOW STAFF KIND OF DISAGREE

[00:05:08]

I DON'T KNOW IF YOU WANT TO LOOK AT ANYTHING SPECIFICALLY BUT WE WE WANT TO BUILD IT BACK WHERE THE CURRENT HOUSE IS SO WE DON'T IMPACT THE TREES, WE DON'T IMPACT THE ARCHEOLOGICAL SITE THAT'S AND TO PROVIDE TO PROVIDE THIS THE STRUCTURE FOR THE RESIDENTS TO USE THE WE'LL GO THROUGH A FEW OF THESE IN DETAIL I DON'T WANT ONCE THE LAND OWNER DID THEY DID NOT CREATE THE SITUATION AND THAT WAS ONE OF THE THINGS THAT WAS KIND OF SAID IN THE STAFF REPORT. THEY DIDN'T BUILD THIS HOUSE. THIS HOUSE HAD BEEN THERE FOR MANY YEARS AND THEY WANT TO PUT IT THEY WANT TO JUST HEAR THIS ONE DOWN AND AS IT'S NOT REALLY CONDUCIVE TO USE FOR FOR THE RESIDENTS. YES, MA'AM I HAVE A QUESTION THAT ON THE ORIGINAL DEVELOPMENT AGREEMENT YOU SHOWED THE AMENITIES IN A DIFFERENT LOCATION THAN THAT YOU DIDN'T PUT THEM THERE. SO THIS IS THE CHANGE FROM WHAT YOUR ORIGINAL AGREEMENT WAS WITH THE COUNTY. CORRECT.

AND ALL THAT JOHN, SPEAK TO THAT A LITTLE BIT. YES.

HEY, JOHN GEHRING HERE. THANK FOR HAVING US TONIGHT. THAT IS CORRECT.

WE HAD AN ORIGINAL PLAN THAT WAS PART OF THE I HELD AN ACTUAL MEETING FEBRUARY 11TH 2020 WITH I THINK WE PRESENTED THE STAFF PREVIOUSLY DURING THE PHASE ONE WHEN WE WERE GOING THROUGH THE PERMITTING STATUS FOR PHASE ONE IN OUR MEETING HAPPENED IN FEBRUARY 2020 THERE GREENWAY WE THOUGHT IT WAS IN THE BEST INTEREST FOR THE RESIDENTS OUT OF THE COMMUNITY.

SO WHAT WE DID IS WE ADDED A GATE AND ADDING GATES TO THE WE LOST LOTS THEN PRESENTED WE SHOWED AN OVERALL PLAN THE MASTER PLAN AND SHOWED THAT THERE WAS A GREENSPACE ON THE NEUTRALIZED IN THE CENTER OF THE COMMUNITY AND WE ASKED IF WE COULD GO AHEAD AND JUST FOCUS ON HAVING AMENITY IN THAT ONE SPOT BECAUSE THERE WAS ANOTHER AMENITY LOCATION WHICH THE ONE WE'RE SPEAKING OF NOW WHICH IS ADJACENT TO THE RIVER IN DOING SO WE DID GET APPROVAL BY DOING THAT WE WE HAD THE MEETING MINUTES FOR THAT AND WE ALSO PRESENTED THE REVISED MASTER PLAN ALONG WITH THE AMENITY. I MEAN THERE HAVE BEEN SOME TWEAKS WITH IT BASED ON FINDING OUT SURVEY THINGS WITH SOME TREES BUT WE DECIDED WE SHOWED YOU MANY PLANS AND THAT'S WHEN WE ALSO TALKED ABOUT PUTTING SOMETHING WITHIN THE SQUARE OF PICNIC SHELTER THAT REMAINS WITHIN THE EXISTING SQUARE FOOTAGE OF THE SYSTEM.

SO WE WE DID THAT. WE MOVED FORWARD WITH GETTING PERMITS FOR PHASES ONE AND TO A YEAR THAT NEUTRALIZED I MEAN THE AREA WAS WHERE WE PUT LIGHTS MAKE UP FOR LIGHTS AND SO IT HELPED ME TO UNDERSTAND WHEN YOU SAID THAT WHEN GOT APPROVAL FOR WHEN YOU SAID APPROVAL FOR TWO YOU'RE NOT TALKING ABOUT TO HAVE THE AMENITIES WHERE IS THAT WHERE YOU KNOW WE BASICALLY JUST WE GOT WE RECEIVED NOT AS PERMITTING THE ACTUAL VERBAL APPROVAL THAT WOULD MAKE CHANGE OR THAT SHIFT PUTTING THE LOT OR THAT AREA WAS OAK IS ALL OF THE COMMUNITY IN THE SECTION THAT WE'RE PRESENTING NOW SO WHAT YOU ORIGINALLY HAD PLANNED TO PUT LOTS TO BUILD HOUSES ON THE LOTS OF WERE LOST FOR THE GATE YES WE ADDED THOSE LOTS WHERE THAT ROOM WAS SO NOW YOU'RE SORT OF GREENSPACE YOU KNOW WE ACTUALLY MET THE GREENSPACE FOR THE DOING THAT BECAUSE WE HAD A GREENSPACE WHERE THE RIVER LOTS OR ABOUT THE GATES OF THE GATE AS I SAID . OKAY SO.

WITH THAT BEING SAID WHEN YOU MOVED FROM THE PREVIOUS LOCATION TO WHERE YOU PROPOSED TO YOUR AMENITIES AT THAT POINT YOU YOU WOULD NEED A VARIANCE IN KNOW NOT NECESSARILY AT THAT POINT THAT DIDN'T COME LATER UNTIL AS WE GOT THROUGH PHASE TWO WE BROUGHT UP THE CONCEPTUAL WE REVIEWED PLAN FURTHER IN DETAIL WITH STAFF THE AMENITIES LAYOUT BROUGHT UP HAVING THE PICNIC SHELTER IN WITHIN THAT. SO WHY DID YOU NOT PUT SOME OF THE PARKING DOWN IN THE BUFFER AND HAVE IT AS PERVIOUS AND THEN PUT THE PICNIC SHELTER

[00:10:07]

WE HAD A STUDY DONE WE ACTUALLY HIRED SOMETHING TO GO IN THERE AND THERE ARE SOME THINGS NATURE PRESENT NO REAL TALKED ABOUT OKAY HEY IF YOU HAVE TO SHIFT IT WOULD AFFECT YOU WOULD START TO BE WITH A LOT ON THAT OVERLAY THE LITTLE YELLOW SPACE KIND OF RIGHT DOWN WHAT IS THAT IN THE CENTER SPACE BEHIND AND THE POOL IS THAT WHERE YOU'RE TALKING ABOUT LANE LOOKING.

YEAH THAT'S GOING TO BE AN EMERGENCY VEHICLE ACCESS LANE FOR THE FIRE TRUCK BUT WE'VE HAD COOPERATION WITH THE FIRE MARSHAL AND ALSO COORDINATION OF IT'S IN THE ARCHEOLOGICAL STUDY THAT WAS DONE THAT THAT WAS REQUIRED THAT THAT THAT THAT CAN BE DONE AND IT'S NOT GOING TO SERVE BASICALLY GOING TO BASICALLY GOING TO BRIDGE THE ARCHEOLOGICAL WITH YOUR GRID AND AND PRESERVE IT IN PLACE ANYWHERE. WE'RE FILLING DIRT AND WE'RE NOT WE CAN'T FILL IT BY MUCH. IF YOU READ THE STUDIES LIKE LESS THAN SIX INCHES I THINK IS THE MOST WE CAN DO FOR YOU TO BRING IN JUST LIKE IN MORE QUESTIONS FOR THE TO THANK YOU YOU HEAR FROM THE COUNTY YOU GUYS CAN HAVE A CPA FROM THE COUNTY AND AND I WANTED TO KNOW AND I FEEL FOR THE COUNTY IF THIS FOLLOWS THE OLD ORDINANCE AS WRITTEN IN THE P E IF WE WERE UNDER THE NEW ORDINANCE A COUNTY ORDINANCE THIS WOULD BE IN THE TRANSITIONAL ZONE AND THIS PICNIC SHELTER WOULD BE ALLOWED IT WOULD. WHY IS THAT? IT'S A PICNIC. IT'S A NON WRITE THE OLD ORDINANCE I'M THE NEW ORDINANCE TO THAT IS STILL A PICNIC SHELTER IS ALLOWED AT 50 FEET IN THE TRANSITIONAL UNDER THE CURRENT ORDINANCE THAT THAT'S WHAT I SAW THAT WAS MY POINT YEAH YEAH IT'S ALLOWED IN THE 60 WHICH IS WHERE YOU ARE AND OF COURSE YES I HAVE ONE YOU REFERENCED THAT 99 CODE BUT YOU DIDN'T PURCHASED THE PROPERTY TILL JANUARY SIX 2021. CORRECT.

SO YOU KNEW THE EXISTING CODE THAT TIME. ABSOLUTELY.

ABSOLUTELY. YEAH. NOT NOT DISAGREEING WITH THAT.

I JUST WANT TO MAKE IT A POINT THAT IT WOULD BE THANK YOU. ALSO I'D LIKE TO HAVE THERE WAS

[00:15:03]

AND THERE WAS COORDINATION WITH GREENWAY AS WELL WITH THAT ON EXACTLY WHAT WE NEEDED TO WHAT WE WERE ASKING FOR AND WE DO THAT. HOWEVER THIS DID BRING UP SOME OTHER QUESTIONS. ANOTHER THING THAT I WOULD LIKE TO KNOW IS IF WE WERE TO MOVE FORWARD THIS ONE OF THE THINGS THAT IS ALSO BENEFICIAL IS THAT IT'S LESS IMPERVIOUS AREA BECAUSE THE INTENT RIGHT NOW OF THE BUFFERS IN THE CODE IS TO PROTECT OUR WATERWAYS SUCH AS THIS RIVER. SO IF WE WERE TO MOVE FORWARD WITH THAT IT'S LESS IMPERVIOUS AREA WHICH WE DISCUSSED WITH STAFF WHEN WE WERE GOING OVER AND SEPARATELY AND THEN THE OTHER THING IS THAT WE WOULD ALSO DIRECT OR CONVEY ANY RUNOFF OFF OF THE RIVER PICNIC SHELTER WHICH IS JUST A ROOF AND A SCREENED IN PORCHES TO CONVEY THAT WATER AWAY FROM THE FROM THE RIVER THOSE LESS IMPERVIOUS AREA AND WE WOULD DO THAT ALONG WITH PLANTING SOME VEGETATION TO HELP WITH THE EXISTING RUNOFF THAT COMES OFF THE SITE THAT'S NOT THEIR PRESENT THINKING AND YOU GUYS READ MY AND WHEN THEY CAME FOR THE PEAT THEY DIDN'T COME THE APPROVAL SOMEONE ELSE DID AND IT WAS AN ON THEIR MASTER PLAN MAIL IN BLOCK MASTER PLAN IT SHOWS 100 FOOT BUFFER AND THEIR HOUSE WAS THERE AND WE TOLD THEM WELL THEY DECIDED THEY SAID THAT WE'RE GOING TO USE THE HOUSE AS THE AMENITY AREA AND WE WERE FINE WITH THAT BECAUSE IT WOULD STAY RIGHT WHERE. IT IS WHEN THEY CAME IN AND SAID THEY WANTED TO TEAR THE HOUSE DOWN AND PUTS THE AMENITY WE SAID NO THAT THE GRANDFATHERING GONE YOU HAVE TO MEET THE SETBACKS AND REALLY WHY WE'RE HERE NOW AND THEN THEY GOT CAUGHT UP IN THE ARCHEOLOGICAL STUDIES AND ALL THAT STUFF AND.

SO HERE WE ARE STAFF IS ALWAYS TO RECOMMEND THIS SO WE DON'T THINK THEY HAVE SHOWN HARDSHIP ANY QUESTIONS. SO AS LONG AS THAT BUILDING IS THERE ANY FARTHER THEN YES.

SO THEY WERE THEY WERE TO TAKE THE BUILDING DOWN AND BUILD BACK INTO THAT SAME FOOTPRINT BECAUSE THEY'RE NOT BUILDING A HOUSE, THEY'RE BUILDING A NONRESIDENTIAL THAT HAS TO BE 50 FEET 100 FEET FROM THE CRITICAL LINE. THANK YOU, MA'AM.

I WOULD ALSO ADD THAT I MEAN THAT THERE'S ROOM FOR A PAVILION NEXT TO THE PLAYGROUND IN THE TENNIS COURT. IT SEEMS LIKE IT WAS LOTS OF OPTIONS THAT THEY COULD EXPLORE ON WHERE TO PUT A PICNIC PAVILION. THERE'S A LOT OF TREES OVER THERE AND WE'RE TRYING THAT THAT'S THE BIGGEST THING WITH THIS.

THEY'RE TRYING TO SAVE AS MANY TREES AS POSSIBLE AND TO YOUR POINT, WE TALKED IN THE PICKLEBALL COURT KIND OF BETWEEN THE TREES. SO IF WE PUT ANYTHING ELSE OVER THERE THAT'S MORE TREES THAT WOULD COME DOWN. IT LOOKS LIKE THAT THAT TAN IS NOT IS SPACE UP THERE I GUESS I'M NOT LOOKING AT THINGS LIKE ONE IN HERE.

YEAH CLOSER TO THAT. WELL RIGHT THERE BETWEEN THE PLAYGROUND AND THE RIGHT THERE WITH THAT HANDS WHERE THE LOCKS ARE THE PARKING AREA NO IT'S GOT LOTS IT'S BETWEEN THE LOTS AND THE PLAYGROUND SEEM LIKE A AREA AND SHE'S REFERRING TO THIS NOT A PARKING AREA THERE'S NOTHING THERE. WHAT'S HE TALKING ABOUT RIGHT THERE? I MEAN RIGHT THERE RIGHT THERE THERE. RIGHT THERE.

YEAH I WAS JUST TRYING TO PUSH IT AWAY FROM THE LOTS AND IT SEE THE STRUCTURE THAT CLOSE SO SO THE INTENT OF THE STRUCTURE, THE PICNIC SHELTER IS TO OBVIOUSLY HAVE SOMEONE FOR THEM TO SIT IN A ROCKING CHAIR OR BE AT A PICNIC TABLE AND CAPTURE THAT THROUGH THE VIEW OF THE RIVER. IT'S IN THE BEST INTEREST FOR OUR COMMUNITY.

HOWEVER IF WE WERE TO MOVE IT IN IN THAT LOCATION THAT REALLY GOES AWAY WITH THE LARGE OAKS AND EVERYTHING THAT WE HAVE OUT OF THE PD AS WELL IS THERE'S A 100 FOOT BUFFER THAT WE'RE CONSIDERING. THERE'S A GROVE THE TREES THERE THAT WE NATURALLY WANT TO AND THEN IN THE CENTER THERE'S A OF IT'S ABSOLUTELY BEAUTIFUL THAT OBVIOUSLY WE WANT TO STAY AWAY FROM THAT LOCATION OF THE POOLS BASED ON THAT IS THE ONLY CENTERED GREENSPACE THAT WE

[00:20:04]

I'M NOT I'M I DON'T SEE A HARDSHIP WELL TECHNICALLY THE HARDSHIP WHEN WE WERE TALKING ABOUT THIS WITH STAFF WAS IF IT CAN'T GO HERE THEN WE'RE GOING TO SLIDE IT BACK AND THEN WE WOULD PROBABLY HAVE TO REVISIT THIS TO HAVE A VARIANCE TAKE A LARGE THAT'S TRUE THIS IS AN APPEARANCE FOR I MEAN YOU HAVE TO PLAN WE'RE GOING TO BE TAKE OUT A BRAND SPOKESMAN FOR 1000.

OKAY. BUT THE ULTIMATE THROUGHOUT THIS PROJECT WAS TO SAVE AS MANY TREES COULD WE DO ON THE SITE. WHY DO WE NEED ALL THIS PARKING ? THIS IS FOR THEM. YES.

THE PEOPLE ON THE SUBDIVISION RIGHT. THIS PARKING IF YOU WANT TO PARK IT'S A GOOD POINT. I AFTER CAREFUL CONSIDERATION IN REVISITING IT LOOKING AT THIS I THINK WE COULD POSSIBLY YOU GUYS COULD POSSIBLY MAKE IT HAPPEN WITHOUT THE VARIANCE I MEAN I DON'T KNOW HOW MANY WHAT OTHER OPTIONS HAVE YOU GUYS EXPLORED RIGHT BUT THE MAIN THE MAIN THING THAT CAUGHT US OFF GUARD WHEN WE WERE GOING THROUGH THIS CONCEPTUALLY INTENSIVELY WAS YES, THERE'S RESIDENT THERE'S A HOUSE THERE. THE HOUSE IS NOT SAFE IT'S GOT ASBESTOS. IT'S REALLY A BLOCKAGE. THERE'S NO REALLY USE FOR IT SO YOU'RE GOING TO TEAR IT DOWN SO IF WE WERE TO TEAR IT DOWN OBVIOUSLY THAT THE BEST PLACE FOR A PICNIC SHELTER AND THE STATEMENT DID COME UP THAT ABOUT IT WOULD NEED TO BE 100 FEET OUT BECAUSE IT'S NO LONGER SINGLE FAMILY RESIDENCE. NOW WE WERE REQUIRED TO PUT A BATHROOM IN IT BECAUSE OF THE USAGE WHICH ARE BASICALLY WE HAD TO DO THAT FOR NOT ENGINEERING MORE I DON'T REMEMBER WHAT IT WAS WE DID RECEIVE THAT FEEDBACK IN TALKING WITH YOU I CAN COUNT ONE THING THAT CAUGHT ME OFF GUARD WAS THE ACTUAL USE.

IT WAS NOT BEING SINGLE FAMILY KIND OF BEING CONSIDERED COMMERCIAL AND THE WHOLE USE OF IT IS IS JUST FOR VIEWING AND AND TO HAVE JUST LIKE SAID ARE BRINGING HAVING PICNICS THINK THE ONLY DIFFERENCE IS IT IS A STRUCTURE SCREENED IN WE CAN USE WHAT THE PLAYGROUND WOULD THAT CAN PLAYGROUND GO WHERE THE HOUSE WAS AND THEN THE THE STRUCTURE AGAIN THAT'S THAT'S 100 FOOT BUFFERS WHERE A LOT OF THOSE ROWS OF TREES SO THEN WE'RE NOT ABLE TO CAPTURE THEM AND OUR OVERALL THOUGHT WAS WE'RE OBVIOUSLY DOING A BETTER JOB PROTECTING THE WATER BY REPLACING THESE SINGLE FAMILY BUILDING. AND THEN SHE DOES MAKE A POINT ABOUT YOU KNOW, IT DOESN'T SAY ANYWHERE IN THE FIELD THAT YOU CAN'T TEAR IT DOWN AND IT ALSO DOESN'T THAT IT WOULD NO LONGER BE GRANDFATHERED IN SO THEN IT'S LIKE THE WHOLE THOUGHT OF THIS IS OKAY, WELL THEN IF WE ARE GOING TO TRY AND USE IT WHAT IF WE TRY AND RENOVATE BECAUSE WE'VE GOT TO DO SOME SORT OF RENOVATION BECAUSE THERE'S NONE OF THE SUBSTANCE IN IT. SO IN DOING THAT HOW MUCH CAN WE ACTUALLY RENOVATE? I MEAN THE USE IT'S ALL ABOUT THE USE IF IT'S THE WAY IT IS IT'S A USE WITH THAT JUST A FULL HOUSE OR WE CAN TAKE A LOT OF THE UNNECESSARY THINGS OUT OF IT AND MAKE IT A A A PICNIC SHELTER. BUT THE FACT IS YOU DON'T NEED A VARIATION.

YOU USE IT AS A HOUSE BECAUSE IT WILL NO LONGER BE IN COMMERCIAL USE.

RIGHT. AND AGAIN THAT'S ENTRANCE INTO THIS THIS IS FOR RESIDENTS OBVIOUSLY BUT I UNDERSTAND WHAT YOU'RE SAYING. SO IF WE WERE TO GO IN THERE WE WERE TO GO THE OUT ON RENOVATION BUT CERTAINLY YOU KNOW WE TALK ABOUT IT BEING GRANDFATHERED IN. WHAT WHAT WHAT IS THE LIMITS ON THAT HOW FAR DOWN THE BONES CAN WE GET? WE'RE TO I MEAN WE COULD ANSWER IT TODAY.

I MEAN YOU HAVE TO GET BACK WITH THE COUNTY AND IT WOULD BE ABLE TO ANSWER THAT QUESTION YOU KNOW WE KNOW PEOPLE DO A OF RENOVATION AROUND HERE RIGHT SO JUST LOOKING THE NEW CODE THIS IS IMPOSITION BASED ON THE NEW CODE . YES.

THE IT'S NOT YOU KNOW THIS OLD MASTER PLAN IN THE EARLY 2000 IS THAT RIGHT HILARY THEN WHEN WE PURCHASED IT PURCHASED IT. WE HAD TO DO AN IMPROVEMENT TO IT AND WE HAD TO DO A YOU KNOW, REVISION OF THE OVERALL MASTER . BUT IN THE BEAUTY IT DOESN'T

[00:25:02]

SO AND IT'S DESIGNED AS A VACATION HOME IN ONE SECTION IN ANOTHER SECTION.

I MEAN THE RULE IS AMENDING DEED SO TO RENOVATE THIS WAS I MEAN PREVIOUSLY IT SEEMED LIKE IT WAS DILAPIDATED AND IT WAS LIKE OF NO USE AND THAT'S WHERE IT'S PLAYING WORDS LIKE BUT WHAT IS RENOVATION HOW FAR CAN GO IN THE HOUSE TO REALLY CONSIDER THE RENOVATION IT'S A IT'S A IT'S A DRIVE UNDER THAT'S BEEN CLOSED IN THE BOTTOM OF THE GARAGE AND THEY BUILT HALF OF THOSE THAT AT THE END, MADE A LAUNDRY ROOM AND A BATHROOM AND A SITTING AND THEN THE UPSTAIRS IS THE ACTUAL HOUSE AND THEN IT'S GOT A THE WHOLE IDEA IS WHEN WE WALKED OUT THERE TWO STORIES SCREENED IN USE FOR THE PORCH WERE MAGNIFICENT ON THE BOTTOM STILL GREAT YOUTH OF THE COUNTRY BUT IT'S NOT ELEVATED WHERE A TWO STORY PICNIC SHELTER CAME IN THE BARN IT HAS IT FOR USE A CONDITION OF IT IT JUST DOESN'T MAKE SENSE AND AGAIN WE DO HERE STAFF WE WE RESPECT WHAT STAFF SAYING BUT AT THE SAME TIME YOU NEED IS NOT GRANDFATHERED OR YOU CAN'T DOWN THE 99 NINE CODE AND IN THAT CODE THEY HAVE NOT BEEN MADE MAY NOT EVEN BE DOCUMENTED ALL RIGHT. AND OF COURSE ARE YOU FINISHED? YES, SIR.

THANK YOU, SIR. WE'VE HEARD FROM THE APPLICANT AS WELL AS THE COUNTY OF AT THIS POINT IS THAT BECAUSE THAT PORTION IS THERE ANY PUBLIC COMMENT FOR THIS ITEM IN THIS SINCE THEY WERE TRUE THEY HAVE THEM AS CHAIRMAN AGAIN AFTERNOON EVERYBODY.

THANK YOU FOR TAKING TIME TO HEAR ME TODAY AND TO HEAR THIS ONE MOMENT I DON'T KNOW IF YOU WAS HERE WHEN I ORIGINALLY I NOT UP TO 3 MINUTES EXCUSE ME YOU HAVE UP TO 3 MINUTES.

YES SIR I WILL TRY TO BE FINE. MY NAME IS DAVID TRAILL. I LIVE IN MAINLAND BLUFFS.

I'M A RESIDENT OF MAINLAND BLUFF. I WORK HERE IN BEAUFORT.

I'VE LIVED IN MAINLAND BLUFF SINCE JANUARY OF LAST YEAR. I'M HERE IN SUPPORT OF POLICIES REQUEST FOR THIS VARIANCE EVER SINCE WE MOVED IN EVER SINCE WE STARTED THIS PROCESS BUY WE'D ALWAYS BEEN TOLD THAT THE AMENITY CENTER IN THE POOL WAS GOING TO BE AVAILABLE TO US NEXT SUMMER NEXT SUMMER, NEXT SUMMER. NOW I UNDERSTAND THAT'S COMING FROM THE SALES REPS AND YOU'VE GOT TO TAKE THAT WITH A GRAIN OF SALT.

BUT MY EIGHT YEAR OLD DAUGHTER DOESN'T REALLY UNDERSTAND THAT AND SO IT BECOMES TO COME LOWCOUNTRY SUMMERTIME WHEN IT'S VERY HOT AND MY DAUGHTER DOESN'T UNDERSTAND THAT THERE'S NO POOL. THE GENTLEMAN THAT WAS SPEAKING I DIDN'T CATCH HER NAME BUT HE'S ABSOLUTELY RIGHT. THE THE TREES OUT THERE, THOSE LARGE HISTORICAL OAK TREES ARE GORGEOUS. IF THERE'S ANY WAY THAT WE CAN STICK WITH THIS PLAN, PROVIDE THE VARIANCE AND PRESERVE THOSE TREES I MEAN THEY'RE GORGEOUS HISTORICAL OAK TREES SHOULD BE PRESERVED IF WE CAN. THERE'S ALSO THE HISTORICALLY SIGNIFICANT AREAS THAT WE WANT TO PRESERVE THERE. WE DON'T WANT TO DISTURB THOSE AND IT REALLY DOES MAKE THE MOST SENSE TO ME AND A LOT OF MY NEIGHBORS TO JUST TO TAKE THE HOUSE IS ALREADY THERE AND REPURPOSE IT FOR THE USE OF THIS PICNIC PAVILION. THE PLAN SOUNDS GREAT TO US.

WE WISH THE POOL WAS GOING TO BE BIGGER AT THAT. WE APPRECIATE THAT.

BUT WE FOR I DO I FULLY THIS MY FAMILY FULLY SUPPORTS THIS REQUEST SOMEONE BROUGHT UP PARKING AND PERHAPS ELIMINATING THE PARKING AND I'M APOLOGIZING CAN'T REMEMBER WHO BROUGHT THAT UP I WOULD JUST COMMENT THAT AT THE THERE ARE SOME HOUSES THAT ARE QUITE FAR FROM THIS LOCATION. WE HAVE SOME DISABLED VETERANS IN THE NEIGHBORHOOD, SOME ELDERLY FOLKS AND JUST SOME FOLKS WITH SOME DISABILITIES NOT DISABLED THAT'S JUST SOME DISABILITIES. SO HAVING PARKING DOWN THERE I THINK THAT'S IMPORTANT.

SO I JUST I JUST THROW THAT OUT THERE FOR CONSIDERATION. I THINK THAT WAS ALL MY NOTES

[00:30:08]

ANYWHERE ELSE PUBLIC COMMENT FOR THE SIDE OF BECAUSE THE PUBLIC COMMENT THAT'S WELL LADIES AND GENTLEMEN BECAUSE AT THIS POINT THERE'S A DECISION TO BE MADE WHETHER WE FIND TO BE A HARDSHIP OR DO WE FIND THAT YOU KNOW THERE'S THAT COULD BE ACCOMMODATED WITHOUT THE VARIANCE SO WHAT'S THE PLEASURE I MOVE THAT DENY THE VARIANCE THAT THERE SEEMS TO BE PLENTY OF ROOM TO REWORK THE DESIGN TO INCLUDE ALL THE REQUIRED OR DESIRED ITEMS OUTSIDE OF THE 100 FOOT SETBACK CENTER. SO IT'S EMOTIONAL TOWARDS THE DESIGN THE VARIANCE AND IT'S BEEN PROBABLY MADE IN SECOND ALL IN FAVOR OF DENYING VARIANCE SIGNIFY BY REASON YOU KNOW AND SO THAT IT WAS IT'S BEEN DENIED SO YOU CAN GIVE BACK TO THE COUNTY AND YOU GUYS KNOW WHERE YOU GOT THE MESSAGE FROM THE RIGHT I DON'T KNOW

[8. Mr. Michael Foskey is requesting a Variance to keep a storage building that is built 1.9-feet from the side property line. Property is located at 12 Stagecoach Road, Port Royal Island. The property is zoned Seabrook/Stuart Point Community Preservation. SSPCP).]

BUT DURING CONSTRUCTION IN MY HOME I HAD A BUILDING THERE MY HOME OVER 18 MONTH PERIOD OF TIME I DON'T KNOW HOW MANY TIMES INSPECTOR COMES OUT HALF A DOZEN TIMES MAYBE THE BUILDING WAS NEVER AN ISSUE NEVER BROUGHT UP SETBACK OR DESTRUCTION THAT WAS POINTED THE DRIVEWAY TO THE FOUNDATION 18 MONTHS I HADN'T HEARD THE AND THAT WAS TWO YEARS.

TWO YEARS BUILD HAS BEEN THERE WITH NO ISSUES CODE OFFICER COME AND MADE ME AWARE THAT THERE WAS AN ISSUE THAT THIS ONE OF THE BOARD WANTED THE BUILDING.

MY FIRST RESPONSE WAS WHAT I NEED DO IS FIND IT TO PAY YOU KNOW MAKE IT RIGHT WHATEVER I NEED TO DO SO I'M HERE I WANT TO START BY REFERRING TO THIS CHRISTMAS LETTER YOU KNOW SHOULD YOU HAVE IT AT THE YOU KNOW I THINK HE'S KIND OF EMBELLISHES HIS POSITION A LITTLE BIT. HE KEEPS REFERENCES SELF AND HERE THIS IS DIRECTOR HE IS NOT RIGHT HIS IS HIS TITLE IS TREASURER FOR OUR BOARD IS LIKE THE TREASURER THE DUTIES HAVE A COPY OF OUR OUR ARTICLES HERE AND HIS DUTIES IS TO RETAIN THE VOTES OF MEMBERS THE BOARD KEEP APPROPRIATE RECORDS OF MEMBERS ASSOCIATIONS TOGETHER WITH THEIR ADDRESSES WE'RE ENTITLED TO VOTE ADDRESSED AND TRANSCRIBED. HE ACTUALLY PUTS IN THERE HE'S TO ENSURE COMPLIANCE OF PROPERTY OWNERS THAT IS NOT HIS POSITION AND I HAVE NOT HEARD FROM ANY OF THE BOARD MEMBERS. I NOTICE THAT HE ONLY COPY THE PRESIDENT NO BOARD MEMBERS ON THIS EMAIL SO SINCE THIS CAME ABOUT I HAVEN'T HEARD FROM ANY OF THE BOARD MEMBERS. I DON'T THINK OF HERE DON'T THINK CHRIS IS YOU SO IS THAT THE SAME THE HOUSE I THINK THAT THE BUILDING RIGHT NOW IS NINE FOOT FROM BEING IN COMPLIANCE

[00:35:03]

THEY HAD SAID THAT WITHIN REFERRED TO THE COUNTY THEY TO THE COUNTY AND DURING THE CONSTRUCTION PROCESS OF 18 MONTHS AND TWO YEARS SINCE THEN I'VE HAD NO ISSUES WITH THE RV.

DID YOU APPLY FOR APPROVAL OF THE STRUCTURAL THINGS DONE THEIR DESTRUCTION IN THE PRIVACY STANCE? ALSO WE HAVE A PROBABLY SOME FENCE FENCES AROUND IT YOU SAID YOU APPLIED FOR APPROVAL TO THE RV. WE HAVE A LETTER I DON'T HAVE IT ALSO IN THE PRIVACY FENCE ALSO THEIR APPROVAL PROCESS AND SEND US A PHOTO OF WHAT YOU WANT TO DO EMAIL IT IN. NO, THERE'S NO ACTUAL HEARING OR ANYTHING THAT SO LONG AS IT'S IN COMPLIANCE WITH THE COUNTY THAT NEEDS TO TELL THE PRESS THAT YOU KNOW IT WAS WHITE WITH BLACK TRIM AND THAT'S OUR HOUSE. SO THAT WAS THE MAIN THAT WAS THE ONLY REALLY DEPARTMENT THAT MATCHES OUR HOME BECAUSE BECAUSE NORMALLY IF YOU EVEN IF YOU YOUR OWN IF YOU YOUR OWN CONTRACTOR WITH THE COUNTY YOU HAVE TO COME AND GET A PERMIT TO DO SOMETHING LIKE THAT. SO IF YOU CAME IN GOT A PERMIT ,YOU KNOW ALL THAT WOULD HAVE BEEN SET OUT THAT YOU TO MOVE BUT I JUST WASN'T AWARE THAT I WAS LIVING IN A CAMPER PROPERTY. I HAD A CONTRACTOR EVERYTHING WAS BUILT DURING THE SAME TIME DURING COVID, YOU KNOW AND I NOTICED THAT YOU DON'T HAVE A CONTACT IN IF HE HAD ANYTHING TO DO WITH THE IF YOU BUILT THE HOUSE AND OBVIOUSLY NOT THE SHED IN THE BACK I MEAN HE'S AWARE OF IT AS WELL I MEAN I DIDN'T KNOW WHAT IT WAS AND EVERYTHING WAS PERMITTED BUT GOD WOULDN'T HAVE PERMITTED THE SHED IF HE NOT RESPONSIBLE FOR IT.

I DON'T KNOW I GUESS IT'S BEEN TWO YEARS AN ISSUE. I KNOW I KNOW THE STAFF HAD MADE A RECOMMENDATION NOT TO GIVE A VARIANCE WHICH YOU KNOW THAT'S THAT'S UP TO THEM IT WAS OR IT WAS THE PERMIT WOULD BE ADVERSELY AFFECT THE HEALTH AND SAFETY OF OUR GENERAL PUBLIC I'M NOT SURE WHAT THAT MEANS WE GOT NEWS IT WHAT CONCERNS ME IS TWO YEARS LATER THIS CAME UP YOU KNOW YES IT IS THE INSPECTOR IS COMING TO THE HOUSE IS THOSE FOLKS ON THE HOME ROOFING INSPECTION, FRAME INSPECTION, ALL THAT SOMEBODY WAS DID YOU STOP DESTRUCTION FROM IT FOR THAT I WOULD STOP DESTRUCTION DO ANYTHING DO THE DESTRUCTION THE HOME WAS BUILT WITH CONSTRUCTION OF YOUR YEAH IT WASN'T LIKE I PICTURED IT RIGHT THERE DESTRUCTION OF THIS SLAB FOR THE SHED WAS PUT IN WHEN WE PUT THE DRIVEWAY IN WHO POURED THE SLAB? I'M A CONTRACTOR THE SAME GUY WHO DID ALL THE ALL THE SLAB WORK SO HE'S LICENSED CAR.

OH YEAH. SO THEN HE WOULD BE AWARE OF THE CODE ALSO PARTICULARLY WINDOWS RIGHT. IT JUST CONCERNS ME THAT TWO YEARS LATER NOW WE WE WERE TO

[00:40:01]

THANK YOU, SIR. I WOULD LIKE TO SPEAK SPEAK. YOU GUYS KNOW HOW I FEEL THIS IS THE FOSKETT RECEIVED THE PERMIT FOR HIS HOME ANTI IT IN HERE I THINK IN 2020 OR SOMETHING LIKE THAT I'M GOING TO PULL UP THE AERIAL TO SEE WHEN THE SHED IF I CAN SEE WHEN THE SHED WAS PUT ON THE PROPERTY BECAUSE NORMALLY THEY ASSESSOR WILL PUT THE SHED AND HOME ON THE TAX RECORDS AND I DID NOT SEE THE SHED SO I DON'T KNOW WHEN IT WAS PLACED ON THE PROPERTY I'VE GONE THROUGH ALL OF THE REQUIREMENTS AND I CANNOT COME WITH A REASON WHY MR. KOSKY RECEIVE A VARIANCE. IT'S IN HIS IN HIS OWN APPLICATION.

IT'S ALL ABOUT IT'S GOING TO COST ME TOO MUCH AND IT'S GOT HE IS ONE FOOT WELL NOT EVEN ONCE HE'S 1.9 FEET FROM THE FROM THE PROPERTY LINE AND THIS THING AND HOW BIG IS YOUR SHED SIR IS THAT SO AGAIN I 20 15 THIS IS IT'S 1225 I BELIEVE OR 26 SO I MEAN HE WOULD HE NEEDED A BUILDING PERMIT THIS IS MORE THAN I THINK 200 SQUARE FEET AND SO MEAN I JUST CAN'T COME UP WITH JUSTIFICATION A VARIANCE SO IF HE CAN CONVINCE YOU THEN IT'S SO THEY APPLIED FOR A PERMIT FOR THE HOUSE 1022 FOR THE SHED FOR THE HOUSE. OH I DON'T KNOW HOW I THINK THOSE ENFORCEMENT WENT OUT I DON'T KNOW WHO CALLED AND THAT'S WHEN YOU CAME IN IT IS LISTED STONE CONSTRUCTION AS A CONTRACTOR ON THIS ON THIS PERMIT FOR THE SHED OKAY AM I CORRECT YOU KNOW BUT NOT THE SHED WELL WHY IS HE LISTED HERE NOW INSIDE THE FOUR WE FROM EARLIER WHO ACTUALLY BUILT THE SHED IT WAS A COMPANY I'M WORKING ON IT ON THE CONSTRUCTION SOME IN TO YOU HAVE PAPERWORK FOR THAT AND I DON'T HAVE YOU CARRYING THE THE LICENSE OR ANY LICENSURE LIKE LICENSE OR YOUR HERE DO YOU LICENSE IT WHATEVER I MEAN WHEN YOU'RE DOING FAMILIAR WITH LICENSE FROM ANY LAW FIRM AND SO IT LOOKED LIKE THE SHED SHOWED UP IN 2021 I GUESS DURING THE TIME THAT THE HOUSE WAS BEING BUILT WE FLEW OUR AERIALS THIS IS 2020 THIS IS 2021 WHICH WHICH A LOT IS THE ONE WITH THE WHITE WHITE TOP.

OKAY ONE OF THE LITTLE YES THAT ONE YEAH PROBABLY ONE WHITE SHED IS THERE.

YEAH IT'S ALMOST LOOKS LIKE IT'S ON THE NEXT PROPERTY LINE BUT IT IS THERE IN 2021.

[00:45:06]

YEAH OKAY I JUST WANTED TO SEE WHAT HE SHOWED UP ON THE AERIALS SO IT'S A QUESTION THANK YOU. YEAH AGAIN IT NEEDS TO BE MADE I MEAN BASED ON A PUBLIC I'M SORRY WE DO HAVE PUBLIC COMMENT AND WE KNOW WE HAVE SO ABOUT THREE LETTERS IN HERE I GUESS WE OF TWO IN OR ONE OF THOSE LETTERS. YES THERE DALE WILL I WOULD LIKE TO COMMENT ON JUST ONE COPY OF HAVE GREG I DON'T MIND GREG SILVER I LIVE ABOUT THREE DOORS DOWN 28 STUART STREET I THINK MY BIGGEST I REALLY HAVE A QUESTION DOESN'T POSE A SAFETY CONCERN BECAUSE THE WAY I LOOK AT IT IS I REALIZE THAT IT'S A LITTLE BIT TOO CLOSE TO THE PROPERTY LINE BUT AS A BUSINESS OWNER TO TRAVEL THE ROADS COUNTY EVERY DAY SO OR HUNDREDS OF OTHERS IS A NEIGHBOR ON THE SHED SIDE OF NO CONCERN IT AND IT WOULD SEEM TO ME THAT WITH THE SHED BEING FURTHER AWAY FROM THE HOUSE IT WOULD POSE LESS RISK FOR FIRE SO I'M NOT IN FAVOR OF IT BECAUSE IT'S A STORAGE SHED AND I MIGHT BE I MIGHT MAYBE I DON'T I'M NOT UNDERSTANDING SOMETHING BUT IT JUST SEEMS TO ME LIKE WITH THE YARD THAT SMALL YOU DON'T WANT IT MIDDLE OF YOUR BACKYARD YOU WANT PUTS YOU STORAGE SHED OFF TO THE SIDE TO GET IT OUT OF THE WAY IT JUST GIVES MORE GIVES THE DOGS MORE ROOM IT JUST I DON'T SEE WHERE IS DIRT IS THERE A SAFETY CONCERN THAT I JUST DON'T I'M SEEING OR IS IT JUST SOMETHING ABOUT SOMETHING ELSE ? IT WAS JUST SOMETHING ABOUT MEETING THE VARIOUS I MEAN YOU HAVE SIDES THAT YOU KNOW REQUESTING VARIANCES THAT CAN'T BE DUE TO THE DIRECT ACT OF THE WINDOW AND I THINK IT'S PRETTY CLEAR THAT IN THOSE YOU KNOW THOSE RED LINES YOU KNOW THOSE THINGS ARE ANYMORE SUPPOSED TO BE YOU GET ON THAT THING I MEAN THEY'RE THEY'RE WELL RATE THAT'S MY $0.02 THANK YOU GERALD IN GENERAL HERE I THINK IF YOU CAN HELP ME WHATEVER THAT LAST NAME IS THAT EVENING I'M GERALD SWANK.

I AT 14 STAGECOACH ROAD THE GREENHOUSE YOU SEE TO THEIRS THE SHED BACKS UP TO THE BACK OF MY GARAGE. THERE'S NO IMPEDIMENT I NO PROBLEM WITH MR. FOSS SKI SHED . HE'S BEEN A VERY GOOD NEIGHBOR AND I DON'T SEE WHAT PURPOSE IT WOULD SERVE TO FORCE HIM TO MOVE THE SHED AND I'M AN OLDER GENTLEMAN I MAY NOT ALWAYS BE THERE BUT IF ANYBODY BUYS HOUSE IT'S NOT GOING TO OBSTRUCT THEIR VIEW OR ANY EFFECT ON THEIR PROPERTY. IT IT FACES THE BACK SIDE OF MY GARAGE AND CONSTITUTES NO AT ALL FOR ME. THANK YOU SIR THANK YOU MY FALCON I OWE YOU PUT UP THANK IN PUBLIC COMMENT SO WE CLOSED PUBLIC COMMENT I GUESS EVERYONE BASED ON JUST THAT WE'VE HEARD THE MAN EVIDENCE THAT WE'VE RECEIVED WHAT WOULD BE THE PLEASURE I'M JUST QUESTIONING WITH WHAT HE SAYS WHY DIDN'T SOMEONE KNOWS DURING CONSTRUCTION THAT AS OPPOSED TO NOW AND THE FACT THAT IT IS IT WASN'T DONE IN MALICE OR INTENT TO BECOME THAT MANY AMERICANS

[00:50:08]

YES. YOU DON'T DOUBLE THAT. WELL YOU KNOW IF HE COMES BY FEBRUARY IT'S GOING TO BE 50 THEN YOU LIKE THAT THE 5000. YEAH SO AND I GUESS BUILDING CODES IS GOING TO HAVE TO SHOW THE STRUCTURAL AND ALL THAT STUFF SO THIS IS THIS IS NOT A SHED THIS IS A STRUCTURE IF IT'S PINNED DOWN ON THIS. SO I'VE READ AND THAT STUFF IT'S IT'S NOT A SHED IT'S NOT REALLY SOMETHING JUST MOVE IT OVER.

YEAH AND THIS THIS IS A STRUCTURE BUT IT'S YOU QUESTION WHAT WAS THIS ENGINEERED WHEN YOU PURCHASED THESE CHAINS FROM THESE DIFFERENT COMPANIES LIKE YOU GO THERE COULD YOU COME UP TO THE MIKE OVER THEY TO GET YOUR WORK WE SHOULD TO THEIR WEBSITE YOU DESIGN IT YEAH AND THEN THEY BUILD IT TO YOUR DESIGN SO BUT ISN'T IT FROM WITHIN A COMPANY THAT YOU DON'T DO THEY SEND YOU AN ENGINEERED SPECS YOU KNOW I SAME KIDS WELL I THINK THEY CAME IN THE SAME THING AND THEY CAME AND BUILT EVERYTHING ON OR WHEN THEY DID THE PEOPLE THAT IT ARE THEY PEOPLE INSTALLED IT YES AND IF I'M CORRECT DON'T THEY HAVE DISCLAIMER AND THEY'RE RESPONSIBLE FOR BUILDING PERMITS AND EVERYTHING ELSE TOO.

CAN THEY REMEMBER LIKE I SAY IT'S BEEN TWO YEARS ALMOST 25. ALL RIGHT.

[00:55:09]

WHAT WAS THE APARTMENT WAS PAUL IT'S IN VIOLATION OF THE SETBACKS.

I FEEL BAD FOR THE HOMEOWNER BUT IF WE START DOING THIS IT'S JUST GOING TO SNOWBALL AND WE CERTAINLY TURN MANY OTHER PEOPLE DOWN IN THE SAME SITUATION.

THERE'S EMOTIONAL SUPPORT TO, DENY THEM AND SAYING PROPERTY MADE AND SECOND ALL IN FAVOR OF DENYING THEM A VARIANCE SIGNIFY THE REASON ABOVE SO THAT THE VARIANCE HAS BEEN

[10. Mr. Christopher Scotto-Lavino is requesting a Variance to construct a deck within the required 50-feet River Buffer. Property is located at 204 Black Skimmer Drive W, Ladys Island. The property is zoned T2- Rural (T2R).]

WHAT ARE THE TWO ROOMS THAT ARE THERE ON THE BACK WALL? MY IS LIVING ROOM AND MY KITCHEN YEAH SO THE CLOSE TO THE GARAGE IS IT IS CLOSE THAT'S THE LIVING ROOMS CLOSEST CLOSEST TO THE GARAGE SO AND THEN ON THE THEN SO WE HAVE REALLY NO IF LOOK AT OUR OUR LAND THERE REALLY IS NO FLAT LAND AT ALL LIKE I SAID IT'S KIND OF JUST THE HOUSE AND MARK CURVES DOWN AND WE ONLY HAVE TEN FEET ON THE OTHER SIDE OF THE HOUSE SO THERE REALLY IS NO WAY FOR AND HIM TO EVEN SIT OUTSIDE. WE LOVE AT THE MARSH IN THE BACK. WE ENJOY OUR LAND. WE DON'T WANT TO CHANGE IT ALL . WE JUST WANT SOMEBODY TO BE ABLE TO SIT AND ENJOY IT AND OUR FAMILY BARBECUE OR DO SOMETHING AND THERE IS NOTHING THERE AROUND THE HOUSE TO DO THAT. WE HAVE A SCREEN PORCH THERE RIGHT NOW.

YES, IT'S IT'S SMALL IT'S VERY SMALL. IT'S LIKE TEN NOT EVEN TEN BY TEN IT'S TEN BY 12. OH IS IT ACCORDING TO THE SURVEY.

SO I TAKE IT THIS HOUSE IS ON A RAISED SLAB YES. YES.

OKAY SO WHEN YOU LOOK AT THAT DIFFERENCE IN ELEVATION THAT'S THAT WAS BUILT THAT WAY.

YES. SO IT'S CAUSED BY EROSION. WELL PART OF IT IS IF YOU IF YOU TAKE A LOOK CLOSER TO THE HOUSE ITSELF YOU SEE WHERE THE CONCRETE BLOCK YOU CAN ACTUALLY SEE WHERE IT'S DIVOT EATING IN RIGHT BY THE HOUSE. YOU SEE I DON'T KNOW IF I GOT SOME OF THE GREEN AREAS IN THERE. YEAH THEY PUT LIKE A MESH DOWN THE TUNNEL EXPOSED INSIDE THE SLAB BY THE STAIRS COMING DOWN SO AND YOU RECENTLY AND ONLY 32 YEARS DOWN HERE IN THE SAME SECOND YEAR LAST YEAR AS OPPOSED TO GOING DOWN THE STAIRS THEN GOING TO A PIECE OF DECKING THAT WE CAN MAKE SURE WE'RE GOING TO BE JUST EASIER TO COME OUT. WE DON'T WANT THE STAIRS TO GO DOWN BY THE MARSHLAND, THE STAIRS TO THE SIDE. I'M JUST GOING TO THERE'S NO WAY UP AND THE GARAGE WE LOVE THE MARSH IN THE BACK LOVED BIG TREES AND THERE ARE NO TREES IN THAT AREA.

[01:00:02]

OKAY. AND THAT'S BECAUSE WELL, YOU KNOW, YOU STAND ON THE STEPS, YOU GET TO LOOK THE IS BEHIND THE HOUSE. YES.

YES. SO THE BACK OF THE AND YOU GO WOW YEAH.

THAT'S OH WE WERE NOT AWARE THAT OUR DAUGHTER WAS EVEN THAT SECTION SO WE CAME TO FILE A PERMIT TO DO THAT. WELL AT LEAST YOU ARE GETTING A PERMIT.

WE KNOW WE DID WANT TO MAKE SURE YOU TRIED THAT PART FORTUNATELY BUT WE REALLY JUST WANTED SOMEWHERE TO SIT ENJOY YOU KNOW OUR KIDS, OUR GRANDKIDS AND YOU KNOW, HAVE A BARBECUE I HAVE NOWHERE ON MY PROPERTY I CAN PUT A BARBECUE THAT'S LEVEL AT ALL ANYWHERE IN MY YARD. I MEAN ARE YOU PLANNING ON PUTTING A DOOR IN IN THE WALL TO JUST COME RIGHT OUT OF THE STREET? RIGHT.

AND AS I SAID, LOVE MY HOME. I DIDN'T WANT TO CHANGE IT. I DIDN'T WANT TO I JUST WANTED REALLY SOMEWHERE TO PUT A BARBECUE. I BROUGHT MY TABLE NEW YORK AND BE ABLE TO USE IT BECAUSE I HAVE NOWHERE IN MY YARD THAT'S LEVELED OR TO PUT IT SO WE JUST FIGURED THAT WAS THE EASIEST WAY TO GO WAS HAVING COME FROM THERE I PUT IT OVER THE FIRE.

I HAVE A LARGE RENOVATION TO BE DONE. YEAH.

NOW COULD YOU GO ON THE OTHER SIDE. I ONLY HAVE TEN FEET ON THE OTHER SIDE OF ME AND OTHER SIDE. YOU JUST BOUGHT THAT PROPERTY RECENTLY? YEAH. SO I REALLY YOU COULD GO TO WHERE I'VE BEEN HERE THIS MONTH AND YOU CAN STILL SEE THE MORE I YOU KNOW ON THE OTHER SIDE YOU'RE SAYING THAT'S ONLY I MEAN THAT'S YOU COULD GO ON THE 20 TO THE NORTHEAST SIDE OF THE HOUSE YOU KNOW I MEAN JUST TAKE A LOOK AT WHAT YOU'RE LOOKING AT WHEN YOU ON THE NORTHEAST SIDE HERE AND IF YOU WENT FROM THE SCREEN PORCH TOWARDS THE EIGHT THAT GETS REALLY CLOSE.

THAT'S ACTUALLY OPPOSITE SIDE OF WHERE THE DOOR IS. A DOOR IS THE SIDE OF WHERE THE DECK IS RIGHT NOW. YEAH, THE DOOR AND A SCREEN. DO WE HAVE TO CHANGE THE WHOLE PORCH THEN. NO YOU WOULD JUST FRAME IT PUT THE DOOR IN ITS FRAME.

RIGHT. BUT I MEAN YOU GOT TO TAKE ALL THE FRAMING DONE AND WE WOULD HAVE TO HAVE JUST THREE SCREEN TWO WALLS REDONE ON THE SCREEN. SO IT'S BEEN YOU MIGHT HAVE A LOPSIDED DECK BUT IT'S GOING WAY I WAS THINKING YOU PROBABLY GET READY TO GO WHERE I WAS THINKING OKAY YOU WANT A BED OF A 50 BUT THEN YOU JUST I DON'T KNOW I'M THINKING THAT THAT HAS TO BE THAT WE JUST WENT ON WE WERE NOT LOOKING THAT'S WHY IT'S NOT ME AT THAT'S WHY A COUPLE OF TIMES REALLY DID NOT WANT TO JUST GO AND DO ANYTHING OR AND LIKE I SAID WE WE BOUGHT THE HOUSE BECAUSE WE LOVED SOMETHING THAT CAN BE IN THE 50 YES THE BIGGEST ANGLE THIS IS YEAH THAT WOULD BE EASY THEN THEY CAN JUST ANGLE IT UP TO TAKE THEM.

NO NO. OH ON THE. OKAY AND THAT'S WHY THAT'S FINE HELPING US SO YOU WANT TO HELP SO I WOULD PREFER NOT TO RAISE MONEY KIND DO WILL DO YEAH.

AS LONG AS I CAN GET OUT OF THAT HOUSE. WOULD YOU LIKE TO WITHDRAW? THIS IS ALL YOU HAVE TO DO IS AN EXCUSE YOU KNOW YOU HAVE TO ADEQUATELY YOU JUST HAVE A REGULAR PERMIT YEAH SO ALL WE DO IS WITHDRAW THIS APPLICANT YOU I MEAN THIS APPLICATION YOU GO BACK TO THE COUNTY IN THE OPEN STRUCK YOU WILL NEVER DO ANOTHER NO.

OKAY. THANK YOU. THANK YOU.

THANK YOU. GOOD LUCK. THANK YOU.

OH SURE YOU SAID YOU HAD A YEAR OF WEEKS AND THERE WERE NO NO THANK YOU BECAUSE IT WAS VERY HELPFUL WHEN THE WHEN NO PUBLIC FUNDING FOR THIS ITEM RIGHT RIGHT.

[12. Mr. Reese Robertson is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. The property is located at 2011 Cypress Street, Port Royal Island. The property is zoned T3-Hamlet Neighborhood (T3HN). ]

[01:05:02]

OH, VERY GOOD. YES, THANK YOU. MY NAME IS HAMZA.

I'M REPRESENTING STANDING IN FOR REESE ROBERTSON. THEY WERE CLIENTS OF MINE.

I'M A LOCAL REAL ESTATE AGENT AND THEY HAD PURCHASED THIS PROPERTY WITH THE USE OF VISITING DUE FOR GOOD OLD USE FOR ABOUT SIX MONTHS OUT OF THE YEAR AND THEN ALSO POSSIBLY AS THE POSSIBILITY OF USING A SHORT TERM RENTAL THE OTHER HALF THEY WENT AHEAD AND, APPLIED AND THEY WERE DISAPPROVED BASED OFF OF THE EVIDENCE AND RESTRICTIONS NO SHORT TERM RENTALS ALLOWED THE MAIN PURPOSE OF THEM BUYING THIS HOUSE IS TO YOU KNOW AGAIN USE IT FOR A SECONDARY PURPOSE AND. ALSO RENTED OUT THE SHORT TERM RENTAL TO MILITARY SUPPORTERS OR HUGE MILITARY SUPPORTERS AS I AM MYSELF A PRIME MARINE CORPS VETERAN MYSELF ONCE THEY RECEIVED THE RECOMMENDATION OF DENIAL MY UNDERSTANDING THAT THESE COVENANTS HAVE EITHER EXPIRED OR BEEN ABOLISHED SO THE COVENANTS LAY WITH THE LAND FOR ABOUT 25 YEARS IT WAS 1965 AND THEN THE 25 YEARS AFTER THAT EXPIRES 1991.

THERE'S MORE TO THAT PARAGRAPH . IT SAYS THAT THEY WILL BE RENEWED EVERY TEN YEARS UNLESS THE COMMUNITY VOTES NOT TO DO IT ON PARAGRAPH 11.

NO. DID THEY NOT ABOLISH? WE DON'T KNOW.

WE FOUND SOMETHING ELSE THAT WAS TALKING SOME COVENANTS BEING AN AREA JUST BECAUSE THERE WAS NO INTO THOSE AND IF THERE WOULD HAVE BEEN SOMETHING I MEAN I HAVEN'T LOOKED BUT IT WOULD BE IN THE RECORD. YOU THINK THERE WAS SOME VOTED THE COMMUNITY TO ABOLISH THE COVENANTS THEN THAT WOULD HAVE BEEN FILED IN THE REGISTERED DEEDS? I WOULD ASK COUNTY WHERE I SERVED FOR THE TWO YEARS THERE'S STILL ACTIVE AND STILL ACTIVE THE WAY THAT WE READ THE ORDINANCE IS WE DON'T HAVE ANY FLAGS ON THIS AT THE COVENANTS ARE ABOVE US BUT WE DON'T HAVE WE CAN'T CHANGE THE COVENANTS THE CURRENT STATE THAT THERE'S NO SHORT TERM SHORT TERM RENTAL USE BUT THE STATE RESIDENTIAL USE ONLY AND SHORT TERM RENTAL IS A COMMERCIAL USE THEY CAN RENT IT LONG TERM THEY COULD RENT IT FOR SIX MONTHS OR IN THE 30 DAYS OR MORE. YEAH SO I'M NOT THESE ARE VERY RELEVANT PARAGRAPH 11 I'M JUST CURIOUS TO YOU OH NO NO NO IT'S A COMMON IS THERE A COMMON POSSIBILITY THAT THEY WOULD AND SO THE ONLY WAY THAT IF THEY THEY REVISED THE COVENANTS. YEAH.

UNDER THE CURRENT ORDINANCE AS IT READS THE COMMUNITY WOULD HAVE TO DO WITH COVENANTS AND OTHER CONSULTS OR YOU KNOW IT'S NOT A NUMBER ONE IT'S ONE WE CAN'T ANSWER THIS BECAUSE I NO I DON'T KNOW WE DID SEE SOMEWHERE WHERE SOME COVENANT IS STILL UNCLEAR WHICH LOTS WE FOUND SOMETHING LIKE TEN AND OH POINT SO BIG THAT BUT WE DID FIND SOMETHING THAT SAYS

[01:10:10]

WELL I'VE SEEN I MEAN I'VE SEEN SOME IN THE AREA YEAH. WHETHER THEY'RE THAT I DON'T KNOW THESE PEOPLE DID IT THE RIGHT WAY THEY APPLIED RIGHT YEAH SO BONUS POINTS FOR THAT SO ONE OR TWO THINGS WE CAN DO WE CAN GO AHEAD AND VOTE ON THIS OR YOU CAN THAT YOU HAVE THE INFORMATION THAT YOU NEED YOU KNOW SO YOU WOULD LIKE FOR US TO WELL RIGHT RIGHT.

WE DON'T WANT WE DON'T WANT I DON'T THINK YOUR VOTE IS AGAINST OH WELL THEY WITHDREW THEIR APPLICATION THERE'S NO NEED FOR PUBLIC OUT THAT'S IF YOU TAKE THAT ROUTE THINK IT WOULD COME HERE? OKAY WE CAN LISTEN TO THE PUBLIC VOTE SO YOU GUYS CAN FINISH ANY QUESTIONS BUT AFTER THAT ARE YOU FINISHED? I THINK THAT'S FOR ANY OF RECOMMENDATIONS GIVE US WELL ONCE WE HEAR FROM COUNTY OF THE COUNTY THEN WE'LL COME BACK TO THE THANK YOU RECOMMENDATIONS. THANK YOU. DON'T BUY BECAUSE OF PIECE OF MISCONCEPTIONS ON THIS I WAS TURNED DOWN BY THE AND YOU HAVE TO RALLY THAT THE NEIGHBORHOOD TO GET THOSE COMPANIES SO I THINK I THINK IT'S JUST A DO IT WAS 5160 360 THIS IS A MAJORITY MAJORITY IT'S 50 PLUS ONE THAT MR. OF COMMENTS BE OPEN TO PUBLIC COMMENTS SO NO I DON'T THINK YOU DO YES IT'S EVEN MY NAME'S DALE WILLS AND MY WIFE AND I WE OWN FOUR PROPERTIES AND SHE'LL POINT TO INCLUDE OUR BUSINESS WE HAVE HAD OUR AIRBNBS FOR SEVEN YEARS BEFORE THE SPECIAL USE PERMIT REQUIREMENT WAS HERE THEY'VE HAD THEIRS ABOUT THE SAME TIME THERE'S ANOTHER GENTLEMAN HERE THAT OWNS THREE PROPERTIES AND SHE'LL POINT THE PROBLEM WITH SHOW POINT IN WHOLE IS THE PEOPLE THAT HAVE COMPLAINED LIKE YOU MENTIONED ARE THE SAME ONES, THE SAME INDIVIDUALS. WE HAVE PEOPLE LIVING IN OUR VIEWS THE SIDE OF THEIR HOUSE WHICH IS AGAINST CODE THERE'S KIND OF X BOXES AND SHOW POINT NEXT TO HOUSES THAT'S AGAINST CODE . THERE'S MOTHER IN LAW LIVING IN SHEDS THAT'S AGAINST THE COVENANTS AND POINT ALL THIS THERE'S NO WAY NO ONE TO REPORT TO.

I'VE TALKED TO FOUR ATTORNEYS AND YOU'VE HEARD COUNTING ALL REAL ESTATE ATTORNEYS.

MY WIFE IS A REAL ESTATE AGENT HERSELF. THE MAJOR CONFUSION IS WE'RE CALLING AIRBNB'S COMMERCIAL. I KNOW. AND HILLARY TOLD ME EXPLAIN

[01:15:01]

THE PROBLEM WITH THAT IS WHEN YOU LEASE AN AIRBNB FROM O'CLOCK OR 4 P.M. IT CHECK IN TO 11:08 A.M. WHEN YOU CHECK OUT YOU'RE SIGNING A LEASE YOU OWN THE HOME FOR THOSE FOUR DAYS, FIVE DAYS HOWEVER LONG YOU STAY AND THEN WHEN YOU LEAVE THAT LEASE IS NO MORE AND THEN YOU RENT TO THE NEXT PERSON. IT IS A RESIDENTIAL I'VE LOOKED AT EVERY OTHER COUNTY MUNICIPAL LAND IN SOUTH CAROLINA THEY'RE ALL RESIDENTIAL SO I DON'T KNOW IF THERE'S SOMETHING THAT WE COULD DO TO CHANGE THAT OR IF WE TRY TO CHANGE THE TO THE 51% I THINK THAT WE LOOKED UP TO CHANGE THE COVENANTS. WHAT IS YOUR GUIDANCE TO GO ABOUT DOING THAT? I APPRECIATE YOUR YOUR SITUATION BECAUSE THERE IS THE WAY THAT THIS COUNTY SPECIFICALLY DECLARES THIS SHORT TERM BEING A COMMERCIAL USE IS NOT NECESSARILY HOW THE COURTS LOOK AT IT. THEY DO LOOK AT THE A RENTAL BEING STILL WITHIN A RESIDENTIAL USE BUT THE ORDINANCE DESIGNATES IT IS COMMERCIAL INTO I THINK WITH WITH RESPECT TO HOW THE ORDINANCE IS WRITTEN WHAT YOU'RE GOING TO HAVE TO IT. DO YOU HAVE A FUNCTIONING BOARD? NO THERE'S NO EXISTING AUDIT METHODS WITHIN THE SOUTH CAROLINA NON PROFIT ACT OF HOW YOU CAN GO TO COURT GET THE COURT TO ESSENTIALLY ALLOW TO GET IT CLEARED TO A ME TO BASICALLY A BOARD AND TAKE ACTION THROUGH THAT AND IT HAPPENS IN THEN YOU WOULD HAVE TO THROUGH THAT YOU KNOW HAVING THE FUNCTIONING SYSTEM GO IN CALL A MEETING GET A PROPERTY BUT HAVE TO DO WITH THESE COVENANTS OKAY BECAUSE THESE COVENANTS STAY THERE FOR RESIDENTIAL USE AND THAT'S ALWAYS GOING TO BE IN CONFLICT WITH THE ORDINANCE WHEREAS YOU RIGHT AND SEE THE VISION OF THE COVENANTS IS IT DOESN'T SAY HOW TO RENT HOME IT DOESN'T SAY THAT YOU CANNOT RENT YOUR HOME FOR FIVE DAYS TEN DAYS, 30 DAYS.

WELL IN THE END THE LAW'S TO ALLOW THAT THEN TO THE FREE USE OF THE PROPERTY WHICH IS GOING TO ALLOW TERM RENTALS UNDER THE COVENANTS. BUT YOU'RE THE COUNTY ORDINANCES HAVE YOU HAVE COVENANTS IN YOUR COVENANTS YOU'VE GOT TO BE FOR RESIDENTIAL USE BUT THE COUNTY SAID HEY SHORT TERM RENTALS ARE COMMERCIAL INTO SO THERE YOU GOT A LITTLE BIT OF GOOD AND THEY GO THE COUNTY COUNCIL TO GET THEM TRY TO CHANGE YOU OR OR YOU HAVE TO HAVE THE TEXT CHANGE AS TO BECAUSE THIS HAS BEEN MENTIONED HERE BEFORE BECAUSE WE'VE HAD SOME AREAS AND I HAD ISSUE WITH THIS BECAUSE I'VE HAD AREAS IN MY PRACTICE WHERE I'VE HAD TO ARGUE THESE THINGS BEFORE THE COURT KNOWING THAT THE COURT WILL LOOK IN THE LAW WILL CONSIDER THESE SHORT TERM RENTALS BE STILL WITHIN A RESIDENTIAL USE BUT THAT'S NOT NECESSARILY OUR OUR ORDINANCE LOOKS AT SO IF WE THE ONES THAT ARE IN SUPPORT OF IT BRING SOMETHING TO THE COUNCIL AND SAY WE ARE LOOKING FORWARD TO CHANGE THE TEXT OF THE COVENANTS OKAY YEAH I THINK YOU'VE GOT TO THAT'S GOT TO CHANGE OR YOU HAVE TO GO AND GET RID OF THESE COVENANTS IN KIND OF FIGURE OUT THROUGH THE NONPROFIT ACT IS GETTING THE POWER AND AUTHORITY IT'S NOT JUST DOCUMENTING YOUR OKAY AND THEN IN THE MEANTIME BE YEAH OH OKAY I'M SORRY OKAY I'M SORRY WELL THAT WAS ENOUGH.

OKAY THANK YOU. THANK YOU. SO DO THEY WANT TO IN MORE COMMENT BECAUSE AS PUBLIC COMMENT OF WHAT WOULD YOU LIKE FOR US TO DO WOULD YOU LIKE TO WITHDRAW THIS APPLICATION OR DOES THAT MEAN THEY WOULD NEVER EXPIRE UNTIL SOMEBODY DID TAKE ACTION BASED ON THAT THEY JUST AUTOMATICALLY TEN YEARS SAME UNLESS SOMEBODY COMES FORWARD AND WANTS TO DO SOMETHING CORRECT SO I'M JUST GOING TO DO A WHAT ARE THE OTHER OPTIONS I DON'T DESERVE HE DOESN'T DECIDE TO WITHDRAW THE APPLICATION AND WE DENY THEN HE HAS SIX MONTHS BEFORE HE CAN REAPPLY IS THAT CORRECT? COME BACK WITH THE SAME THING.

OH YOU CAN'T EVER COME WITH THE SAME THING SO YOU CAN'T COME BACK WITH THE SAME YOU HAVE TWO COMPANIES THAT I SOMETHING SO YOU LET ME ONE I THINK WE WANT TO SO WHAT WOULD YOU LIKE FOR

[01:20:04]

YEAH RIGHT RIGHT RIGHT YEAH HE'S SPEAKING IN THEIR BEHALF SO OF COURSE.

ALL RIGHT SO WE WE WE ARE BEING REQUESTED TO WITHDRAW YOUR APPLICATION RIGHT NOW IS WHAT YOU WERE LIKE FOR US THIS THANK YOU. ALL RIGHT, WELL WE WILL WITHDRAW YOUR APPLICATION AND I GUESS IT'S TIME YOU GUYS GO BACK AND DO WHATEVER IT IS YOU NEED TO DO TO TRY TO RECTIFY THIS, YOU CAN ALWAYS REAPPLY AND COME BACK.

THANK YOU. YOU. OR THEY COULD RENT IT FOR A LONGER TIME. THANK YEAH. THEY THE MORE THIS SITE IS THE

[14. Mr. Barry Gupton is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. The property is Located at 185 Sea Pines Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

WE'D LOVE TO LIVE THERE FULL TIME. WE CAN AFFORD TO RIGHT NOW SO THAT'S WHAT OUR OR APPLYING FOR A PERMIT OR SHORT TERM RENT IT AND THAT'S ALL I HAVE AND THEN YOU SAY THERE ARE TWO RENTALS NEXT DOOR THAT'S BEEN PERMITTED YES SIR.

I'M I'M THERE CURRENTLY ACTIVE AS FAR OKAY THE APARTMENT BECAUSE THEY WERE RENTING SINCE 84 SO WHEN YOU LOOKED AT THE COVENANTS ONCE YOU FOUND OUT THEY WERE COVENANTS THIS COMMUNITY THAT'S ON THE COURSE THIS IS THE ONE THAT NORMALLY HAS ABOUT 50 PEOPLE HERE.

YOU'RE LUCKY YOU DON'T HAVE 50 PEOPLE HERE. THAT'S BECAUSE EVERYBODY AND SO THERE'S SOME POINT HAS ABOUT FOUR OR FIVE OF US BUT ABOUT THIS THERE'S ABOUT FOUR OR FIVE DIFFERENT COMMUNITIES IN COMMON . IT'S NOT A MONOLITH.

RIGHT. AND SO THE MY WIFE MET WITH THIS AWESOME RESTAURANT AND THEY WERE ALL YOU DO NOT I DIDN'T REALIZE IT. I HAVE THEY HAVE A 91 SO I GAVE THEM THE ONE WHO OWNS THE I LOOKED IT UP MYSELF AND IT SAYS THAT ALL RESIDENTIAL ALL TRACTS OF LAND CALL THEM WHITE PLANTATION SHALL BE USED FOR RESIDENTIAL.

THIS IS NOT THE COVENANTS THAT I HAVE BOND SO THERE'S SEVERAL DIFFERENT CUSTOM POINT NEIGHBORHOODS MY MY MY I CLEARLY HAVE MY PLAN THAT AND THE AND THE COVENANTS THAT APPLY ALL ALONG AS A DISPATCHER KNOW DESCRIBED AS RESIDENTIAL WAS SOMETHING ALL OF HAVE TO BE KNOWN AS KIND OF A REFERENCE IN ANY RESIDENTIAL BUILDING WHAT OTHER THAN A SINGLE OR DOUBLES AND WE DO WELL AND NOT TO EXCEED ONE THAT HAS STORIES AND HIGH GARAGE AND TWO CARS NO NOXIOUS OR OFFENSIVE TRADES ARE BE CARRIED OUT UPON ANY LOT THING DONE THERE ON WHICH THEY BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. OKAY SO THE NUMBER ONE PROBLEM IS IN NUMBER ONE SO IT'S NOT NUMBER TWO. YEAH.

NUMBER TWO IS RESIDENTIAL NUMBER TWO AMOUNT OF ADMINISTRATION NUMBER TWO IT SAYS NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY SOMETHING CARRIED OUT UPON THE LOT AND DOESN'T MATTER THAT DOESN'T MATTER. OKAY SO IT'S THE SAME THING THAT WE TOLD THE PEOPLE BEFORE YOU THAT THE COVENANTS ARE A HIGHER THAN US.

WE CAN'T GIVE A VARIANCE THAT'S IN CONFLICT WITH THE COVENANTS AND THE COVENANTS SAY THAT IT HAS TO BE RESIDENTIAL AND OUR ORDINANCE SAYS THAT SHORT TERM RENTAL IS COMMERCIAL.

[01:25:03]

WHAT WOULD YOU LIKE US TO DO WITH YOUR APPLICATION OBVIOUSLY WITHDRAW SO WE WILL WITHDRAW YOUR APPLICATION. IS THERE ANY PUBLIC OR PUBLIC COMMENT BECAUSE PUBLIC COMMENT ALL BUSINESS NEW BUSINESS ADOPTION FOR CHAIRMAN OR VICE CHAIR WOULD WE LIKE TO DO THAT ONCE GET A FULL BOARD? YEAH RIGHT RIGHT WE WAIT ON THE GERMAN MOVES WE ADJOURN PROBABLY MAY 2ND ALL THE 30 MINUTES

* This transcript was compiled from uncorrected Closed Captioning.