[1. CALL TO ORDER]
[00:00:11]
MEETING THIS IS A MEETING THAT MONTH. IT IS OUR CUSTOM THAT WE BEGIN BY RECITING THE PLEDGE OF ALLEGIANCE SO IF I COULD ASK YOU GUYS TO STAND AND FACE THE FLAG I PLEDGE ALLEGIANCE TO BY THE UNITED STATES OF AMERICA AND WE SHOULD SAY ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, JUSTICE FOR THANK YOU .
[4. ADOPTION OF AGENDA]
WE OKAY WITH OUR NOTIFICATIONS ? THANK YOU.ADOPTION OF OUR AGENDA WILL ANYONE LIKE TO MAKE THAT OUR MOVE.
WE ADOPT THE AGENDA AS PRESENTED MY SECOND JOB THE AGENDA WAS PROBABLY ME THE
[5. APPROVAL OF MINUTES – January 26, 2023]
SECOND ALL THE FAVORITE FAST APPROVAL OF OUR MINUTES EVERYONE HAD THE OPPORTUNITY TO LOOK AT OUR JANUARY MINUTES AND THE CORRECTIONS IF NOT EXCELLENT TWO WEEKS OF OUR MINUTES AS WRITTEN IS PROBABLY THE MADE AND SECOND ALL THE PAPER STOP THE GOOD MINUTES ALL[6. Mr. John Parker is appealing the decision of the Zoning & Development Administrator’s decision to apply Division 5.11.100.D.6, - Penalty for Removing Trees Prior to Permitting. Property is located at 196 marsh Pointe Drive, Sheldon. The property is zoned T2-Rural (T2R).]
RIGHT THAT'S BEEN ADOPTED ITEM NUMBER SIX IF ANYONE IN HERE WOULD LIKE TO MAKE PUBLIC COMMENTS YOU HAVE A SLIP HERE THAT YOU CAN FILL OUT AND WE WILL ACKNOWLEDGE YOU DURING THAT TIME FOR WHATEVER ITEM THAT YOU WOULD LIKE SPEAK ON PUBLIC COMMENT YOU HAVE UP 3 MINUTES TO DO YOUR PUBLIC COMMENT. WE HAVE A TIME SO WE WILL BE LIMITED TO YOU TO YOUR 3 MINUTES. THANK YOU.NUMBER SIX MR. JOHN PARKER IS APPEALING THE DECISION THE ZONING DEVELOPMENT OF THE NEW ADMINISTRATIVE DECISION FOR FIVE SECTION 511 100. THANK YOU, MR. AT THE I HAVE A LOT OF CHILDREN AND HAVE HAD GOOD MANY YEARS THIS POINT SIX ACRES RELATIVELY SMALL LOT GOT READY TO SELL IT THIS YEAR AND GOT MR. ANDERSON IS REMOVED AND HE WENT OUT AND HAD TO COME IN AND LOOK AT THE LOT. HE THOUGHT THAT IT SHOULD BE CLEANED UP WHICH WAS DOING THE PROCESS AND I LET THE STAMPS THAT DAY THAT WERE EXACTLY WHAT IT WAS DOING BECAUSE I WANT THAT AND SEE IT BUT IT WAS GOOD AND THE NEXT THING I KNOW IN THE MAIL I GET A LETTER ON NOVEMBER 28TH 2022 THAT WAS A NOTICE OF VIOLATION FROM THE BEGINNING IT SAID THAT THE AND WHAT THEY HAD DONE THEY HAD VIOLATED 9 TO 38 DEVELOP WITHIN THE STRUCTURE WITHOUT FIRST OBTAINING APPROPRIATE PERMANENT WELL WE DIDN'T DO THAT SIR AND THEN THE NEXT ONE SAID THAT WE HAD THAT SHALL BE NO DISTURBANCE OF RIVER BUFFER EXCEPT AS A LAMP ABOVE TO RIP RAMP AND EROSION CONTROL AND DO THAT SO MR. ANDERSON WHO DID THIS WAS A REAL IT WAS IN GEORGIA IT MET WITH MS. ALSTON AND CHANGED THE WHAT THEY SAID WE DID WRONG AT THAT TIME.
THEY THEN SAID THAT IF THAT WE VIOLATED 511, 90 DAY PENALTY FOR CLEAR CUTTING PRIOR TO DEVELOPMENT STATES OF A PROPERTY ON THE CLEAR CUTS ALL OR ANY PORTION OF HIS OR HER PROPERTY UNDER THE CLAIM OF GOOD FAITH FORESTRY PRACTICES AND SEEKS A DEVELOPMENT PERMIT FOR ANY PORTION OF THE PROPERTY. TWO YEARS OF THE CLEARCUT A REBUTTABLE PRESUMPTION SHALL ARISE THAT THE CLEARCUT WAS DONE IN ANTICIPATION OF FUTURE DEVELOPMENT AND THE PERMIT DENIED WE DID NOT CLEARCUT THE PIECE OF PROPERTY OWNED PROPERTY AND MOST OF AND AS GOOD ANDERSON CAN SPEAK TO THAT I CAN'T BUT IT WAS THERE WAS SOME SMALL REAL PINE TREES ON IT THAT WAS GOOD AND. THE OAK TREES LEFT.
HE'S GOT PICTURES CAN SHOW YOU AS TO WHAT WAS DONE AND I WAS NOT THERE ON THE WAY OF IT BUT THE INTERESTING THING TO ME AFTER I AM AN ATTORNEY SO I'VE LOOKED AT THIS I DIDN'T LOOK AT IT CLOSE ENOUGH TO START WITH BUT CLEARLY THE THE CHARGE OF VALLEY OF FIVE 1190 DAY
[00:05:04]
SIMPLY DOES NOT APPLY FIVE 1190 THIS IS PART THE CODE IF IS ADOPTED IN FIVE 1190 STATES IF PROPERTY ON A CLEARCUT ALL OR ANY PORTION OF HIS PROPERTY OR HER PROPERTY CLAIM OF GOOD FAITH FORESTRY PRACTICES AND THEN SIX TO DEVELOPMENT PERMIT BY ANY PORTION WITHIN YEAR OF THE CLEARCUT A REBUTTABLE PRESUMPTION SHALL WHEREAS THE CLEARCUT WAS DONE AND IN TEST VERSION OF FUTURE DEVELOPMENT IN THE PERMANENT DENIED WELL TWO THINGS THIS ONLY APPLIES AND YOU LOOK AT SEE ABOVE IT SAYS BUILDING FOR DISTURBING PROTECTED FOREST AREAS AND CLEARLY THIS APPLIES THE LODGE BUT THE FOREST AND I BROUGHT THE DEFINITION OF FORESTS AND IT STATES THAT A FOREST IS A LARGE AREA COVERED A LARGE AREA COVERED WITH TREES UNDERGROWTH OF PINE FOREST. CLEARLY THERE'S A LOT IS NOT A FOREST IT IS A LOT AND ARE OTHER PROVISIONS THAT APPLY TO THE BUT CLEARLY IF YOU READ THIS IT APPLIES TO TRACTS OF LAND WHERE YOU CLEARCUT IT AND WHERE YOU WOULD CUT OUT OF TREES.I'M FAMILIAR WITH CLEAR CUTTING. YOU GO IN, YOU SELL OUT TREES, SOMEBODY COMES IN AND CUT SOME OF THAT HALF. YEAH, THERE WAS NO CLEAR CUT IT WAS A SELECTIVE CUT AND THE SMALL SCRUBBY NON VALUE PINE TREES WERE CUT TO BURN IT A LOT AND MAKE IT LOOK BETTER FOR SALE. MR. ANDERSON DID THAT ON MY BEHALF BUT CLEARLY IN MY MIND THERE'S JUST NO VIOLATION OF THAT SECTION OF THE ORDINANCE AND IT JUST DOESN'T APPLY TO A LOT. IT APPLIES TO FOREST AND DIDN'T HAVE A FOREST AND THEREFORE WE DON'T BELIEVE WE HAD VIOLATION. I LET MR. ANDERSON SPEAK TO I DID. MR. PARKER DID YOU GET A DID THEY GET A TREE REMOVAL PERMIT FOR THE PHRASE THEY DID NOT GET A PERMIT BECAUSE ACTUALLY WE USE A GUY MR. OLIVER DOWN HERE WHO'S DONE THIS FOR MANY, MANY YEARS AND HE DOES IT ALL THE TIME AND THERE WAS NO PERMANENT REQUIRED AND THAT'S WHY WE BE HONEST WITH YOU I LEFT IT TO MR. ANDERSON BECAUSE THAT WAS WHAT THEY WERE DOING. BUT I DIDN'T I DIDN'T LOOK IT WELL.
I DIDN'T IT DIDN'T OCCUR TO ME THE LITTLE BIT OF WORK IS GOING TO BE DONE THAT IT WOULD TAKE THE BERM I DIDN'T EVEN CONSIDER . SO DID YOU SAY ONLY PINES WAS CUT IN THE OAKS WAS LEFT YOU SAID THAT'S CORRECT. THEY WERE SO YOU HAVE TO SPEAK INTO THE MIKE. I'M THEY I BRING THIS UP TO YOU WE HAVE PICTURES WE HAVE TO TELL. YEAH. YES, RIGHT.
WELL THE TREES THAT WERE REMOVED FROM THE FRONT OF THE LOT WERE FOR THE PURPOSE OF OBTAINING SEPTIC WELL LOCATION AND A HOMESITE FOOTPRINT.
EVERYTHING THAT WAS REMOVED WAS 4 TO 6 INCHES IN DIAMETER AND I CAN ONLY APPROXIMATE THE HEIGHT AS MR. PARKER ASKED ME TO DO MAYBE 15 TO 20 FEET. DO YOU HAVE ANY PHOTOS OF THE BEFORE I DON'T I THINK SO. THIS AERIAL THAT I'M LOOKING AT HERE LOOK I MEAN DO ANYONE ELSE EVER REQUEST OR HE SAID THE WORK WAS DONE IN PREPARATION FOR DEVELOPMENT THE LOT TOO.
YEAH TO MAKE IT READY FOR A HOMESITE WHICH IS IN A SUBDIVISION IS A LINE IN THE SUBDIVISION SUBDIVISION. YOU HAVE A COPY OF THE SURVEY WE HAVE THE PICTURE THAT SHOWS IT'S AN OAK OF WHAT SIX FIVE ACRES RIGHT AT THE TIME WAS THERE ANY ACTIVE APPLICATION OR PERMIT TO DEVELOP ANY PORTIONS OF THE LOT? THERE'S NOT WE JUST TRYING TO GET A SEPTIC TANK PERMIT IN PLACE TO, MAKE IT MARKETABLE. HAS THE LOT SOLD? NO. IT BECAUSE OF WHAT'S GOING ON RIGHT NOW WE HAVE A MARKETING IT AT IN ALMOST SEEMS LIKE IT WILL BE TWO YEARS BEFORE YOU GET SOMETHING DONE THIS ANYWAY
[00:10:01]
AND LOOKING THIS THIS AREA I MEAN YOU CAN'T SINGLE THEM BUT IT JUST SEEMED LIKE IT WAS, YOU KNOW, PRETTY HEAVENLY GROWTH ON THIS LOT AND IT JUST IT JUST LIKE SOME OF THOSE TREES IS JUST MORE I KNOW AND I'M JUST SPECULATING BUT IT JUST SEEMED LIKE THE JUST LOOKING AT THE CANOPY OF SOME OF IT SEEMED LIKE IT COULD BE MORE THAN SIX INCHES ON THIS BUT I MEAN THERE SHOULD HAVE BEEN SOME TYPE OF PERMIT TO EVEN CLEARCUT THAT ANYHOW LIKE WE SAID WE LEFT ALL THE HARDWOODS AND IT WAS ONLY SMALL STUFF THAT WE REMOVED FROM THE LOT SO NO MORE WOOD WAS WITHIN THE LAST PART OF IT. YEAH THERE THE ALL THE HARDWOODS WERE LEFT NOT ONE WAS CUT DOWN AND WE EVEN HAVE PICTURES THE HARDWOODS THEY WERE ALL NEAR THE BANK THE HARDWOODS IT LOOKS THE JEWEL HAS A TREE AND TOPO SURVEY BEFORE THE WELL THAT'S IT WAS DONE BEFORE CORRECT. I DON'T KNOW ABOUT A TOTAL I KNOW WE HAVE A SURVEY DONE OF IT BUT NOT TREES IN TOP TREES AND I THINK WE WOULDN'T CONSIDER WHAT WAS ON THEIR TREES BECAUSE IT WAS ALL JUST SCRUBBY STUFF THAT WAS ON THERE STUFF THAT JUST GROWS WELL WHEN YOU DON'T MAINTAIN. SO I DON'T KNOW IT'S TOUGH LOOKING THIS OVERHEAD NOT TO SAY THAT IT WAS IT WAS IT WAS JUST PLANTS. YES.VERY SMALL BANDS THAT'S ALL IT WAS AND THEY WERE IN VERY CLOSE PROXIMITY TO ONE ANOTHER.
HAVE YOU SEEN WIND PATTERNS GROW VERY CLOSE TOGETHER? THEY NEVER TEND TO GET BIG.
THAT'S HOW THESE WERE AND AS YOU KNOW THEY ONLY COME OUT DO A PERMIT IF THEY EXPECT A LOT AND IT'S A SMALL TO BEGIN WITH . I KNOW THEY LIKE FOR YOU TO, YOU KNOW, NOT DISTURB IT MUCH AS FAR AS DIGGING BUT JUST TO CLEAR AN IN WHICH YOU WERE PROPOSING TO DO YOU COULDN'T EVEN MOVE IN THE AREA BECAUSE OF THE SCRUBBY SCRUB YOUR PARENTS WERE SO CLOSE TOGETHER THAT WELL THEY HAVE THEY SAID THEY HAVE IT UP THERE SO WITHIN WITHIN THE LOT NOT CLOSE TO RIVER BUFFER THERE WAS NO HARDWOOD.
THERE'S NO AND WERE ALL ON THE RIVER BLUFF. CORRECT AND WE ACTUALLY INSTRUCTED MR. OLIVER NOT TO REMOVE ANY HARDWOODS ANY THAT MAKES THE LOT MORE BEAUTIFUL THEY HAVE THE HARDWOODS ON IT MORE QUESTIONS FOR APPROXIMATELY HOW MANY TREES YOU CUT DOWN. I'M THINKING 30 TO 35. RIGHT ANYMORE.
THANK YOU SIR. YOU'RE FROM THE COUNTY AND THE POST ENFORCEMENT PERSON CAME TO ME WITH A THAT I SENT TO YOU GUYS AND I LOOKED AT THE AERIAL THERE IS NOTHING LEFT IN THE MIDDLE OF THIS OF THIS LOT EVERYTHING IS GONE AND LOOKING AT THE AERIAL THESE TREES ARE TALL SO THEY'RE NOT SIX INCHES. THEY ARE MUCH BIGGER SIX INCHES I MEAN THEY HAVE A CANOPY SO I LOOKED AT THE PICTURES AND THERE WAS ALSO THEY WENT DOWN INTO THE BUFFER AND THEY REMOVED ALL THE VEGETATION THE BUFFER AND I DIDN'T GO AFTER THEM THE BUFFER.
RIGHT. BECAUSE THEY SAID IT WOULD GROW BACK SO I GAVE THEM SIX MONTHS.
WE'LL CHECK THE BUFFER TO SEE IF IT'S REVEGETATE IN ITSELF AND I QUOTED SECTION OF THE ORDNANCE TO THEM TO WAIT TWO YEARS IT'LL BE WHAT I SHOULD HAVE DONE WAS ANOTHER SECTION STILL HAD THE TWO YEARS SO WHICHEVER WAY I WENT THEY HAD TO WAIT TWO YEARS.
IT SAYS YOU TAKE IT ANY OR ALL THEN YOU HAVE TO WAIT TWO YEARS AND YOU KNOW IF HE BRINGS A
[00:15:06]
TREE SURVEY SHOW ME THAT THEY ARE TREES REMAINING ON THE PROPERTY IN THE MIDDLE OF THE PROPERTY AND I MAY CHANGE MIND BUT RIGHT NOW LOOKING AT THESE PICTURES THERE'S NOTHING REMAINING ON THE MIDDLE IN THE MIDDLE OF THE LOT WHERE THESE TREES WERE LOCATED ON THE AERIAL SO THAT'S WHY I MADE THE DECISION YOU WAIT TWO YEARS BEFORE YOU CAN BUILD ANYTHING ON THIS PROPERTY AND IF THEY CLEARCUT IT IF THEY CUT IT SO THAT THEY COULD PUT A SEPTIC TANK THAT'S DEVELOPMENT. YOU ARE DEVELOPING THE PROPERTY TO ADD SOMETHING TO IT SO WHICHEVER WAY YOU DID GET A PERMIT AND YOU VIOLATED THE CODE IN THIS HOUSE AND JUST TO CLEAR THE IS THE VIOLATION THAT WE'RE HERE THAT 9 TO 30 OR IS IT THE FIVE 1160 THE RIVER BUFFER THERE'S THERE'S TWO THERE'S FIVE 1160 WHERE HE CLEARED THE BUFFER BUT I DID NOT I TOLD THEM I WOULD GIVE THEM SIX MONTHS AND IF THE BUFFER REGENERATES ITSELF THEN THEY WOULDN'T HAVE TO PLAN IT BACK. AND I SINCE LOOKING AT THEIR AND THE PICTURES I DIDN'T SEE ANY TREES REMAINING AND I DON'T HAVE A TREE SURVEY AND NOBODY OFFERED TO GIVE ME A TREE SURVEY SO TWO YEARS IF YOU KEPT THE PROPERTY WITHOUT A DEVELOPMENT PERMIT OR WITHOUT A ZONING PERMIT YOU MADE TWO YEARS BEFORE YOU CAN ADD SOMETHING TO THE PROPERTY INTO THAT'S UNDER THE 9 TO 30 IT HAS ALSO HAS TWO YEAR YEAH UNDER THE NINE IN I GUESS WHAT I'M ASKING IS DOES THAT MR. PARK HIS ARGUMENT NEW ABOUT THIS WHETHER THIS IS A FOREST OR NOT RIGHT SO THAT UNDER NINE THE 90 THAT'S ON THE THE FOREST AND IT SAYS IF YOU CLEARCUT UNDER 511 106 STATES THAT IF YOU PARK THE LOT WITHOUT A PERMIT YOU WILL WAIT TWO YEARS AND THE TWO YEARS WOULD BE FROM NOVEMBER 29 FROM THAT YES FROM WHEN THEY CAME IN AND CLOSE ENFORCEMENT WENT OUT THAT'S WHEN WE START TILL THE PROBLEM IS MORE THEY DIDN'T GET A PERMIT THAN THEY TOOK DOWN THE TREE. YES.SO IN ALL ACTUALITY THERE ARE TWO VIOLATIONS. YOU JUST GO.
YES, I JUST GAVE THEM A CHANCE TO LET THE RIVER BUFFER REGENERATE ITSELF AND IF IT DOESN'T IN SIX MONTHS THEY'RE GOING TO DO A PLANT BACK PLAN AND REVEGETATE THE BUFFER.
OKAY. AND MORE QUESTIONS FOR THE COUNTY SO WHEN YOU HAVE IT I'LL EXCUSE ME THIS IS REALLY YEAH I MEAN RIGHT IN THE YOU HAD YOUR CHANCE WHEN ALLOWED YOU ANOTHER CHANCE THEN YOU CAN COME BACK UP TO THE PODIUM RIGHT NOW AS THE COUNTY'S TIME DID YOU HAVE A QUESTION WAS THE WELL I WAS LOOKING AT THE RIVER BUFFER. WHAT IS YOU KNOW WE CAN SEE WHERE WE THEY SPREAD THIS CHIPS OUT BUT WHAT WAS THERE YOU KNOW HOW DO WE KNOW WHAT THERE PRIOR ABOUT MARCH WELL THAT RIGHT YOU KNOW LIKE WE JUST DON'T KNOW YEAH THAT WE DON'T KNOW BUT WE KNOW THAT WENT IN THERE AND THEY OF THEY MUTILATED WHAT WAS ALREADY IN THERE SO AND I GUESS IF THEY DIDN'T DIG THEM UP THEY'LL COME BACK SO THAT'S WHY I SAID I'LL GIVE YOU SIX MONTHS SEE IF IT COMES BACK AND IF IT DOESN'T YOU'RE GOING TO HAVE TO GET THE BUFFER BACK.
SO WITH THE TREE REMOVAL PERMIT WHAT'S THE IS THAT SIX INCHES ANYTHING OVER SIX INCHES DIAMETER? DID YOU HAVE TO GET THAT? NO.
A TREE REMOVAL PERMIT IS NORMALLY FOR A PROPERTY THAT'S ALREADY DEVELOPED AND SOMEBODY TO TAKE A TREE DOWN IT'S NOT SIX INCHES. IT'S IT COULD BE A GRAND THREE COULD BE SIX INCHES. YOU DON'T REALLY SURVEYS SIX INCH INCHES SO TREES LESS THAN EIGHT INCHES DON'T HAVE TO BE SURVEYED UNLESS THEY'RE MAGNOLIAS, DOGWOODS AND RED BUDS. THEN AT FOUR INCHES THOSE HAVE TO BE SURVEYED.
SO IF SOMEONE COMES IN AND THEY SAY OH I HAVE A SIX INCH SOMETHING LIVE OAK MOST PEOPLE WON'T COME TO THE OFFICE FOR THAT. IT'S NOT CONSIDERED A PROTECTED TREE I SHOULD SAY. WHAT ABOUT THESE SCRUBBY PINES THEN I MEAN IF THEY WERE SCRUBBY PINES I'VE SEEN SCRUBBY PINES ON A ON AN AERIAL THEY DON'T LOOK LIKE THESE THESE ARE
[00:20:04]
TALL PINES WITH CANOPY SCRUBBY PINES. YOU CAN LOOK AT AN AERIAL AND TELL THAT THEY'RE SCRUBBY AND THEY WERE SUPPOSED TO BE BUSH LOG IN SO BUSH AGAIN IS TAKEN OUT UNDERGROWTH NOW CUTTING DOWN THESE TREES EXCUSE ME THREE MORE QUESTIONS COUNTY THANK YOU, ANDERSON. I'M GOING TO ALLOW YOU THE OPPORTUNITY TO TO COME TO THE PODIUM AND SAY WHATEVER IT THAT YOU NEED TO SAY. THE REASON I WANTED TO ASK A QUESTION TO MISS HILLARY AND DO FOR COUNTY LIKE SHE SAID CUTTING THE UNDERGROWTH THERE'S AN INCH I HEARD IT WAS 18 INCHES I'M ALLOWED TO DO IT SO WITHOUT PICTURES BEFORE THIS HAPPENED HOW WAS ANYBODY ABLE TO SAY HOW BIG THE WAS? I'M LOOKING AT THE AERIAL PHOTO I DON'T SEE THIS CAN BE ANYTHING OTHER THAN SPECULATION SO YES PLEASE AND YOU'RE TAKING UP ON RIGHT BUT BUT IS THAT THERE DOESN'T IT SAY EIGHT INCHES AND BELOW IS ALLOWED WITHOUT A PERMIT ON THE GROUND. YEAH BUT THOSE TREES ARE NOT EIGHT INCHES OVER 40 NOW LOOKING AT THE AERIAL THOSE TREES AND YOU'RE TELLING ME THAT IN ALL THESE SEVEN INCHES I'M UP ON THE CAN I GO THERE AND SEE I EVERY TREE ON THE LOT.NO I CAN'T FROM WHAT I SAW IT WAS BAD IT WAS VERY SKINNY AT ALL TIMES VERY SKINNY.
VERY SKINNY TOTAL POUNDS ABOUT 5020 FEET OF COVERAGE THAT HAS A CANOPY AND THERE ARE TREES AND THEY'RE NOT SQUARE. BUT WE DIDN'T SPECIFY TO CUT ANY ANY TREES THAT WERE PAST THE SCOPE OF THE WHICH WAS EIGHT INCHES AND THAT'S ALL I WANT TO SAY SO IT APPEARS TO ME THAT THE PROFIT THE PROPERTY WAS THAT 198 SIX AND YOU KNOW THE PROPERTY TO THE RIGHT OF THIS ONE EIGHT IN THE RIGHT YEAH IS THE BIGGEST WOULD HAVE BEEN HELPFUL IF WE HAD PICTURES OF THAT LOT AS WELL THOSE TREES IT WOULD KIND OF YOU KNOW THE TREES IT WOULD HAVE BEEN IN SIMILAR SIZE I MAY HAVE PICTURES OF THOSE SHADOWS AND I THE PLACES TO ME IF YOU WATCH AND YEAH THAT'S IMPORTANT BUT THOSE ARE SHADOWS THAT'S A SHADOW YES THAT'S RIGHT IN FRONT SEE ALL THE HARDWOODS ON THE WALL A LOT TO THE RIGHT IT MEANS A LOT TO THE LAST AND THE QUESTION IS ARE ANOTHER ONE ON THE MAP? THIS IS WHERE THE SHADOWS ARE THESE ARE SHADOWS THAT'S A LONG SHADOW DON'T YOU THINK FROM THE MIDDLE OF THIS RIGHT THE EDGE ALL THE WAY ACROSS AND TWO OF THEM TO LOTS I DIDN'T SAY THEY WERE SHORT TREES SOME FROM 15 TO 20 KNOW THAT BUT IF THEY ARE IF THEY GIVE SOMETHING THAT LARGE FROM FROM A SEVEN INCH TREE RIGHT. AND OF COURSE THIS THANK YOU SIR.
AND I WANT TO GO MAKE IT QUICK SO IT WILL BE 511 100 WHICH IS THE TREE PROTECTION AND IF YOU'LL LOOK AT IT IF YOU HAVE IT UP THERE IT SAYS THAT ALL TREES THAT ARE NOT PROTECTED UNDER SECTION 511 NINE PARENTHESES ARE AS THIS WAS NOT FOREST THIS WAS A LOT AND CLEARLY THESE ACTIONS DO NOT APPLY TO THIS LOT. THEY APPLY JUST AS I SAY THE FOREST THIS IS NOT FOREST THESE TWO SECTIONS THAT I'VE CITED DO NOT APPLY TO THIS.
I'M VERY SORRY THAT WAY WE GOT IN AS A WAY TO BACK IT UP. YOU OBVIOUSLY LIVE WITH NO ONE. THERE WAS ANYTHING THAT NEEDED TO BE DONE WE WOULD HAVE DONE IT. THANK YOU. MR. BERGER, WOULD YOU AGREE THAT YOU WOULD HAVE TO GET A TREE REMOVAL PERMIT TO REMOVE A TREE FROM YOUR LIFE?
[00:25:01]
NO, WE WOULD NOT. THERE'S NO WAY I REQUIRED NOT UNLESS YOU COME WITH THEM WHAT THE STATUTE IS THERE CERTAIN THINGS YOU MIGHT TO DO BUT THESE STATUTES THAT THEY'RE RELYING ON YOU DON'T IS DON'T HAVE TO GET A PERMIT AND THAT'S JUST LIKE I SAID IF THE TREES ARE BELOW A CERTAIN AMOUNT YOU DON'T HAVE TO GET A PERMIT AND THAT WAS OUR POSITIONS WE DIDN'T NEED ONE AND OBVIOUSLY IF WE HAD KNOWN WE NEEDED ONE WE WOULD HAVE GOTTEN IT.THANK YOU. WOULD YOU SAY THAT YOUR ACTUAL QUESTION WOULD YOU SAY THAT THIS IS SO OBVIOUSLY YOU HAVE A FOR YOUR SEPARATE SYSTEM TO GET A SEPARATE THING OBVIOUSLY THAT IS OUT THERE ON THE LINE. SO IF YOU COULD ANSWER THAT FOR SURE BUT WE CERTAINLY HAVE TO GET ONE. WELL, THESE GUYS ARE NOT AT ALL WITH ONE OF THEIR I THINK I SAW A PHOTO AND IT MIGHT BE I'M NOT SURE THAT THERE'S A PLOT FOR ONE THAT IS ABOUT RIGHT.
SO THEREFORE IF YOU APPLIED FOR ONE THAT YOU ARE TRYING TO EXCUSE ME AS SOON AS WE PUSHED OUT WE SAID WE'RE NOT THERE YET IN THE PROCESS. SO OBVIOUSLY YOU'RE TRYING TO IT. I THINK WE NEED TO HAVE A LITTLE THAT IT HAS DEVELOPED ONE THAT IS A SUBDIVISION WHERE THIS IS LOCATED. SO WHEN YOU WHEN YOU HAVE TO DO A SEPARATE THING YOU BRING THEM OUT TO DO A PURPOSE BEFORE YOU I MEAN YOU HAVE TO HAVE A MOMENT BUT RIGHT YEAH YEAH. WE ALWAYS THANK YOU ALL FOR YOUR TIME.
LADIES AND GENTLEMEN, I GUESS WE HAVE HEARD FROM THE COUNTY AND THE APPLICANT.
I GUESS WE CAN OPEN THIS UP FOR DISCUSSION OF THE EFFORT JUST FOR THE MOTION OUT ON THE FLOOR WHAT WE'RE GOING TO DO IF THERE'S BASED ON WHAT'S BEFORE US I MEAN I'M JUST HAVING A DIFFICULT WITH THIS ACTUALLY BASED ON THE AERIAL PHOTOS YEAH THAT'S WHERE I MEAN WE DON'T KNOW HOW THE TERMS WERE BUT OBVIOUSLY THE CANOPY THAT IT'S BEEN YOU KNOW IT HAS A PRETTY GOOD SIZE TO IT. CAN I SAY IT'S OVER SIX INCHES BUT CANDIDLY THERE'S DEFINITELY TO ME SHOW THAT HAS BEEN IT HAS SOME SIGNIFICANT SIZE TO IT. I'M JUST HEARING FROM HILLARY THAT WASN'T REALLY THE ISSUE THE ISSUE IF HE HAD GOTTEN THE PERMIT FIRST WOULD NOT HAVE BEEN A PROBLEM TAKING DOWN PINE TREES THAT THE ISSUES HE DIDN'T GET THE PROPER PERMIT RIGHT I AGREE WITH THAT TO START WORK WHAT KIND OF PERMIT BECAUSE YOU SAID TO GET A PERMIT LIKE A DEVELOPMENT PERMIT NOT A TREE PERMIT BECAUSE THE ZONING A ZONING YES THAT'S WHAT I MEAN YEAH. AND GET THE ZONING PERMIT THEY SHOWS THE TREES THAT THEY'RE WATCHING THEM ALL RIGHT GIVE THEM OKAY. YES TAKE THIS DOWN THIS DOWN THIS DOWN AND THEY GO OUT AND THEY TAKE DOWN THE TREES FOR THE 70 THE DRIVEWAY, THE HOUSE ,ALL OF THAT. AND THEN THE PROBLEM RIGHT THEN BASED ON THE INFORMATION PRESENTED BEFORE US EVIDENCE THAT WE HAVE, THEY WOULD TO PUT THE MOTION ON THE FLOOR.
JUST THE QUESTION IF YOU IF YOU IF YOU DO NOT GET A PERMIT AND DO WHAT THEY DID WHAT WHAT IS THE RECOMMENDATION FOR IS TWO YEARS DID YOU SAY SO ACTUALLY IT'D BE RECOMMENDED FOR TWO YEARS TO NOT PERMIT THEM TO CONTINUE WITH THE DEVELOPMENT THAT CORRECT I ABOUT A YEAR AND A HALF YEAH WELL FROM NOVEMBER WELL I BUT IN A WAY I SYMPATHIZE THAT IT'S NOT REALLY A DEVELOPMENT IT'S ONE HOUSE ON AN ESTABLISHED LOT AND YOU CAN LOOK AT THE PICTURE AND SEE THAT ALL THE OTHER HOUSES HAVE A CLEAR FRONT BUT THE ONLY THING WE TO DO WAS THE PERMANENT BUT LYNN JUST FROM A PERMITTING PROCESS WHENEVER WE DO A PROJECT WE HAVE NO IDEA
[00:30:04]
WHAT I'M SAYING. YOU HAVE TO YOU HAVE TO GO IN AND SHOW EVERY TREE YOU'RE GOING TO BE TAKEN DOWN HOW YOU'RE GOING TO PROTECT THE RIVER BUFFER WHICH YOU KNOW YOU DON'T TAKE ANYTHING OUT OF THAT. SO I THINK NOT GETTING A PERMIT IS IRRESPONSIBLE THAT THAT IS THE PROCESS AND THAT'S HOW WE PROTECT OUR ENVIRONMENT HERE IN COUNTY BECAUSE YOU KNOW THE RIVER BUFFER IS NOT JUST FOR LOOKS IT'S FOR TO PROTECT OUR WATER QUALITY RIGHT. I MEAN IT'S FOR LOOKS ALSO FROM THE RIVER BUT THE MAIN PART OF IT IS TO PROTECT LIFE QUALITY. SO I HAVE NO PROBLEM JUST SAYING THAT YES SOMETHING YES HE CAN COME UP AND EXPLAIN WHAT IT IS YOU WOULD LIKE TO EXPLAIN OR I GUESS IT WASN'T CLEAR HAS A MOTION BEEN MADE. NO, NO.OH OKAY. I OUR CONCERN WAS I THINK IT'S EITHER TO SUPPORT STAFF POSITION OR NOT TO SUPPORT THE APPEAL. OKAY.
RIGHT RIGHT. SO THIS IS JUST DISCUSSION ABOUT EXACTLY.
OKAY. ALL RIGHT. JUST WANTED SOME CLARIFICATION.
YES, SIR. LET'S MOVE WE SUPPORT THIS STANCE DECISION.
SECOND, IT'S A SLOW MOTION AND THE FLOOR OF TO UPHOLD THE SEVENTH STAFF DECISION AND IT'S BEEN PROBABLY MADE AND SECOND OF ALL IN FAVOR OF UPHOLDING THE COUNTY'S DECISION THAT THEY HAD AN ERROR SIGNIFY BY ALL THOSE OPPOSED AND SO THEREFORE WE UPHOLD THE COUNTY'S DECISION ON THIS AND WOULD HAVE TO WAIT YEARS FROM NOVEMBER THE 22ND. THANK YOU.
THANK YOU, MR. CHAIRMAN. THANK ALL OF YOU FOR ITEM NUMBER EIGHT, LARSON LARSON
[8. Lason Development Group is requesting a Special Use Permit to construct a Drive-thru Restaurant. The properties are located at 188, 190, 194 Sea Island Parkway, Ladys Island. The properties are zoned T4-Neighborhood Center (T4NC) and T4-Hamlet Center Open (T4HCO).]
DEVELOPMENT GROUP REQUESTING A SPECIAL USE PERMIT CONSTRUCTION DRIVE THRU RESTROOM.ARE THEY THERE YOU. OKAY GOT THEM THAT AFTERNOON. I'LL MAKE ONE SMALL CORRECTION.
IT IS THIS CASE IN DEVELOPMENT GROUP SO SEE VERSUS AN OWL. YEAH, IT LOOKS LIKE AN OWL.
IT LOOKS LIKE I THINK IT WAS A TYPO IT LOOKS LIKE YEAH THAT'S WHAT I'M SAYING ON THE THE HAND PRINTED WELL APOLOGIES FOR THAT SO MY NAME'S TAYLOR WOLFE WITH CASE DEVELOPER GROUP AT OF COLUMBIA I THINK ALL BOARD FOR HERE IN OUR APPLICATION ALSO STAFF HAVE WITH THEM FOR 18 TO 24 MONTHS ON THIS PROJECT AND HONESTLY LOST COUNT OF THE TIMELINE BUT REALLY APPRECIATE THAT APPRECIATE THEM AND THE THOROUGHNESS THAT THEY GAVE YOU TO BRING THIS YEAR HERE TODAY WE'VE GOT OUR ENGINEERING TEAM AND ARCHITECT HERE AS WELL TO ANSWER ANY QUESTIONS AND ENOUGH IF WE HAVE ANY QUESTIONS AND OF COURSE THIS IS FOR THREE LOTS IN THE FIELD FOR SUE IT IS THREE LOTS. YEAH WE ALL KIND OF DO THE LAST ONE WE SAID THERE WASN'T ENOUGH RIGHT. ALL RIGHT. WELL I GUESS NO ONE EVER REQUESTED I GUESS I REALLY DON'T HAVE ANY QUESTIONS OF THE QUESTION.
WE MIGHT BE COMING BACK TO YOU GUYS SO WE WOULD LIKE TO HEAR FROM THE COUNTY.
NO. OKAY. THERE'S NO QUESTIONS FOR YOU.
THANK YOU SO JUST A QUICK OVERVIEW. THIS PROJECT IS COMING FOR A SPECIAL USE PERMIT AND IT IS THE PROPERTY IS SPLIT AND TWO THIRDS OF IT ARE ZONED FOR HAMLET NEIGHBORHOOD AND THEN THIRD IS T FOR I'M SORRY T FOR NEIGHBORHOOD CENTER AND THEN ONE THIRD OF IT IS T FOR HAMLET CENTER OPEN AND THEN BOTH OF THESE DISTRICTS DRIVE TWO
[00:35:06]
RESTAURANTS ARE A SPECIAL USE AND THE DEFINE SPECIAL USES USE THAT MAY BE APPROPRIATE IN THE ZONE BUT BECAUSE OF ITS NATURE EXTENT AND EXTERNAL EFFECTS REQUIRE SPECIAL CONSIDERATION OF ITS LOCATION DESIGN AND METHODS OF OPERATION BEFORE IT CAN BE DEEMED APPROPRIATE IN THE ZONE INCOMPATIBLE WITH ITS SURROUNDINGS. AND THERE ARE FOUR KIND OF CRITERIA THAT ZEBA USES IN EVALUATING THIS. THE FIRST IS CONSISTENCY WITH A COMPREHENSIVE PLAN PURPOSE OBJECTIVES THE POLICIES AND STANDARDS OF THIS DEVELOPMENT CODE AS FAR AS STAFF REVIEWING THIS DEVELOPMENT WE BELIEVE THE SITE PLAN ADHERES TO THE FORM BASED REQUIREMENTS OF THE T FOR NEIGHBORHOOD CENTER T FOR HAMLET CENTER DISTRICTS OF RELATIVELY SMALL SIZE OF THE BUILDING. YOU KNOW, IT'S A IT'S A SMALL IT MAKES IT DIFFICULT BECAUSE THIS IS ALONG LOT HAS A LOT OF FRONTAGE ON SEA ISLAND PARKWAY AND TWO SIDE STREETS SO THAT'S WHY YOU KNOW THERE'S SOME UNIQUE THINGS TO THE SITE PLAN TO TO ADHERE TO WILL TO ZONE THROUGH THIS PARTICULAR RESTAURANT AND THEN COMPATIBILITY WITH THE CHARACTER OF THE LAND AND IMMEDIATE VICINITY I WOULD DESCRIBE BELIEVE YOU SAW ISLANDS AS AN AREA IN TRANSITION YOU KNOW OBVIOUSLY IT'S DEVELOPED IS PRETTY MUCH AN AUTO ORIENTED SUBURBAN CORRIDOR HOWEVER THERE'S BEEN LAND USE POLICIES IN PLACE 20 YEARS THAT CALL FOR MORE WALKABLE PEDESTRIAN FRIENDLY DEVELOPMENTS AND SO THERE'S NEWER BUILDINGS THAT HAVE COME IN THAT THOSE NEW LAND USE REQUIREMENTS I GUESS SPECIFICALLY THERE'S A WENDY'S LOCATED ABOUT 500 FEET WEST OF THIS SITE. I WOULD SAY THAT THAT SITE PLAN VERY SIMILAR TO THIS IN TERMS OF HOW THE BUILDING ADDRESSES THE STREET AND THEN THERE'S AN OUTDOOR SEATING AREA ON THE SIDE OF THE BUILDING IN ADDITION ACROSS THE IS SOUTH STATE BANK YOU KNOW WHERE THEY'VE USED THE BANK BUILDING AND THEN A PERGOLA TO MEET THE FRONTAGE REQUIREMENTS OF THAT.SO THIS IS KIND OF MEETING THOSE NEWER DEVELOPMENTS FOLLOW OUR NEW POLICIES AS FAR AS MINIMIZING ADVERSE EFFECTS VISUAL IMPACT OF THE DEVELOPMENT OBVIOUSLY IT WILL NEED TO ADHERE TO OUR ARCHITECTURAL STANDARDS DIVISION FIVE 340 AND THEN FINALLY TRAFFIC OR IMPACT ON TRAFFIC CONGESTION INFRASTRUCTURE AND GOVERNMENTAL SERVICES THIS PARTICULAR DEVELOPMENT HAS AN ADVANTAGE IN THAT THERE'S NO DIRECT ACCESS OFF OF SEA ISLAND PARKWAY THIS HAS ACCESS BOTH OFF OF GATE DRIVE AND FERRY DRIVE.
YOU KNOW THERE'S A PARALLEL THAT'S PART OF THE SITE PLAN SO THE YOU KNOW, THE CONFLICTS ON THE ROAD WILL BE AT EXISTING INTERSECTIONS AS OPPOSED TO INTRODUCING A NEW CURB CUT.
IN ADDITION, THE APPLICANT HAS BEEN COORDINATING THIS DEVELOPMENT WITH THE COUNTY'S ENGINEERING DEPARTMENT BECAUSE THERE ARE PLANS TO WIDEN AND IMPROVE GAGE RISE AS PART OF THE BYPASS AT THAT INTERSECTION. SO THERE HAS BEEN COORDINATION WITH ENGINEERING ON FUTURE PLANS THAT SITE BUT AS FAR AS STAFF RECOMMENDATION WE RECOMMEND APPROVAL OF THE SPECIAL USE PERMIT. SO THIS NEEDS TO BE REVISED REQUIREMENTS FOR PROVISIONS THAT YOU PUT IN. YES, I FORGOT TO MENTION IT.
YEAH. THE LAST I GUESS IT WAS IN MARCH COUNTY ADOPTED NEW STANDARDS FOR DRIVE THRUS AND ONE OF THE MAIN THINGS THAT ARE REQUIRED IS THAT IT TAKES ACCESS OR HAS OFF OF THE SECONDARY ROAD AND IN THIS ONE THERE'S OBVIOUSLY THERE'S TWO ROADS AND IT HAS NO DIRECT ACCESS OFF OF SEA ISLAND PARKWAY.
AND THEN THE OTHER THING THIS PART OF LADIES ISLAND IS JUST GOES IN THERE WILL BE ARBOR CITY. IT LOOKS LIKE THAT'S THAT'S NOT OUR CONCERN.
THAT'S THE ARCHITECTURAL QUARTER BOARD CONCERN. IS THAT RIGHT? YES THIS IS IN THIS ACTUALLY BECAUSE IT'S IN A TRANSECT ZONE REFUSED BY OUR STAFF AND OUR STAFF BE WORKING WITH THEM THROUGH THE DESIGN BECAUSE I THINK THAT'S A CONCERN THAT TOOK ME THROUGH. I MEAN IT'S REALLY KIND OF PUSHING IT TO MEET THE REQUIREMENT TO PUT ARBORS UP AND DOWN THE ROAD THAT THAT'S WHAT THEY DID THE SOUTH STATE
[00:40:04]
BUILDING ACROSS THE STREET, YOU KNOW ONE SIDE AND THE MEMORIAL OFFICE BUILDING CHALLENGING THEM TO GO TO THE STREET THE BUILDING SITS ON THIS TRAFFIC STUDY IS NOT NEEDED NO, BECAUSE WE'RE NOT AND IT'S BECAUSE OF ITS IMPACT YOU KNOW IT'S TAKEN DIRECT ACCESS OFF OF SEATTLE PARKWAY. WHAT ABOUT THE PERVIOUS IMPERVIOUS MEETS ALL THOSE REQUIREMENTS IT'LL NEED TO MEET THOSE REQUIREMENTS IN ALL OF OUR STORMWATER SO SO WE'RE GOING TO ASK THIS QUESTION SO WHAT I NOT SEEING ON THIS ONE VERSUS WHAT WE'VE SEEN A COUPLE OF MONTHS I DON'T WANT ANYTHING TO YEAH I WOULD SAY SOME OF THE I WOULD SAY THE MAIN THING HAS TO DO WITH ACCESS THAT'S ULTIMATELY THE WAY ACCESS IN AND OUT OF THE SITE IS HAS TO SECONDARY STREETS THAT THE DRIVE THRU ACCESS IS OFF OF THE THERE'S NO DIRECT ACCESS OFF OF SEALAND PARKWAY. YEAH I NOTICE THAT THEY'VE USED AN ENTIRE LOT TO BUILD A ADDRESS ADDITIONAL IMPACT OF TRAFFIC. BUT THE OTHER THING THAT I THINK IS SOMEWHAT CONCERNING IS THAT THEY'RE TAKING DOWN EVERY TREE ON THE PROPERTY.I MEAN MOST OF THESE ARE LAUREL OAKS BUT QUITE OFTEN LAUREL OAKS CAN BE OKAY TOO.
I MEAN THAT ESPECIALLY IF THEY'RE TOWARD THE BACK OF THE LOT TREE A LOT IS BEING USED THE PARK PARKING I MEAN ISN'T THAT WHAT WE KIND OF ASKED THEM TO DO LAST TIME SO WE WOULD MINIMIZE THE IMPACT IT TRAFFIC KNOW BUT LIKE THERE'S A 60 INCH LAUREL OAK RIGHT THERE THAT'S ONLY NEXT SEATING HERE OUTDOOR SEATING AREA THAT THAT COULD IT SEEMS LIKE THERE COULD BE HAS THERE BEEN AN ARBORIST REPORT ON THESE I'M NOT SURE WHICH 60 INCH I KNOW THAT WE'VE OUR STAFF YOU KNOW THE NATURAL RESOURCES PLANNERS VISIT THE SITE AND LOOKED DIFFERENT TREES WHICH THERE'S ONE HERE AND I THINK SOME OF THESE THE APPLICANT MAY BE ABLE TO SPEAK BETTER THAN I CAN WELL LET'S PUT THAT A LITTLE BIT MORE THAT WAY.
WELL, ONCE HE'S DONE WE CAN COME BACK UP. YEAH.
YOU KNOW, MAYBE THAT'S A GOOD QUESTION FOR THE APPLICANT IT'S ONE YOU KNOW I WILL REMIND YOU KNOW THE KABY LAKE AND ATTACH CONDITIONS YOU KNOW TO ANY MORE QUESTIONS FOR KEVIN THANK YOU MR. MERCHANT AND WILL THE APPLICANT COME WILL THE APPLICANT COME BACK UP? I THINK WE HAVE A COUPLE OF QUESTIONS FOR YOU GUYS AS THOSE THINK ABOUT THE TREES YOU KNOW, RESPECT THE TREES FOR THE PROJECT BINS. THE CENTRAL VIEW OF YOU FROM COUNTY AMANDA FLAKE, THE RESOURCE PLANNER HAS LOOKED AT THE TREES AND SHE GAVE HER ON THEM AND WE WILL CONTINUE TO WORK WITH STAFF ANY TREES THAT NEED TO BE SAVED.
IT WAS NOT OUR INTENT TO TAKE THEM OUT. ONE THING YOU DID NOTE WAS THE ENTIRE SITE IS BEING USED AND ONE OF THE REASONS WAS TO PROMOTE THE STACKING.
IF YOU LOOK THROUGH DRIVE THRU LANE WE'VE HAVE IN EXCESS OF 22 CARS AND IT'S NOT OUR CARS OUT ON SITE AND THAT'S THE REASON FOR HAVING SO MUCH DRIVE ALONG THE SITE.
DO YOU THINK YOU HAVE ENOUGH PERMANENT PARKING I MEAN JUST FOR I MEAN NOT PERMANENT PARKING BUT ACTUAL PARKING AS TO STACKING. YES, MA'AM.
YEAH, THERE'S 2024 SPACES ON SITE THAT'S ADEQUATE. HOW MANY EMPLOYEES? I CAN'T I CAN'T SPEAK TO EXACTLY HOW MANY IT'LL HAPPEN THIS FOR I KNOW THAT THE PARKING DOES HIT ANY REQUIREMENTS RIGHT THROUGH THROUGH THE APPLICANT I ALL RIGHT AT THIS MOMENT WE WILL OPEN UP FOR PUBLIC COMMENTS ROBERT ROBINSON ROBERT I'M
[00:45:11]
SORRY I'M NOT IN FRONT OF DID YOU FILL OUT A YOU WILL NEED TO FILL OUT A PDA THERE WITH YOU JUST OPEN IT A DIFFERENT YEAH I THOUGHT SHE WANTED TO SPEAK ON THIS ON THIS CASE HERE WE WANT TO SPEAK ON THIS OUR NAME WAS MY NAME IS SELMA ROBERT THAT YOU FILL OUT ONE OF THESE FORMS? YES, SIR. THIS IS BOB AND BOB GATES.OKAY SO SO THERE'S ACTUALLY FOUR ITEM EIGHT YOU PUT ON THE ITEM SIX AND SEVEN SO YOU CAN COME FORWARD ALL IF YOU PUT ALONG WITH THEM WOULD YOU BE OVER? OKAY WELL, SHE WAS TOLD ALL RIGHT, YOU CAN COME FORWARD. OH, EXCUSE ME.
THANK YOU ALL FOR DOING A THANKLESS JOB. I UNDERSTAND IT'S A THANKLESS JOB NOW WE DON'T LIVE NEAR THIS HOUSE WITH THIS PROPERTY WE OWN PROPERTY, BUY IT RENTAL PROPERTY AND THIS SEEMS TO ME EXACTLY THE SAME THAT THE COUNTY TURNED DOWN THE LAW DOWN ROAD THIS IS RIGHT ACROSS IS GOING TO BE RIGHT ACROSS THE STREET FROM THIS NEW WHAT'S THE NAME OF PLACE THE BUILDING AND FROM THE NEW HARRIS TEETER WHENEVER IT IS YOU KNOW WHAT I'M TALKING ABOUT AND I KNOW THE NEW HARRIS THEATER THE NEW WAY THEY'RE BUILDING IT.
CORRECT. OKAY. THIS IS GOING TO BE PRACTICALLY RIGHT ACROSS THE STREET FROM THIS NOW THE MOST PERMANENT THING THE WORLD IS CHANGE.
THAT'S THE MOST PERMANENT THING. NOBODY CAN STOP IT.
IT'S GOING TO CHANGE. MY PROBLEM IS WITH THIS COUPLE BACK HERE NOT NOW I DON'T HAVE TO BUT THEY OWN PROPERTY RIGHT NEXT TO THIS NOW. HOW MANY OF YOU UP THERE WOULD LIKE TO HAVE A PROPERTY AND HAVE A DRIVE IN RESTAURANT IT? COME RIGHT UP TO YOUR BEDROOM? I DON'T THINK ANY OF YOU WOULD AND YOU'RE TALKING TREES. WELL, I'M TALKING ABOUT PEOPLE AND I'M NOT TRYING TO STOP DEVELOPMENT. THEY'RE JUST TYPE OF DEVELOPMENT BECAUSE THE COUNTY TURNED DOWN A DRIVE IN OR COFFEE SHOP DRIVE IN JUST DOWN THE ROAD FROM IT BECAUSE OF TRAFFIC AND IT HAD A BACK UP IF THEY WANTED TO GO BACK I CAN GO DOWN ANOTHER ROAD BUT THEY DID SIR. IT DID NOT THEY DIDN'T HAVE THE BACKUP ROUTE. WHAT'S THE NAME OF THE ROAD THAT WE GO UP TO GO TO YOUR PROPERTY DIDN'T TOUCH THAT ROAD. YES NOT SUNSET IS NOT IT DID NOT TOUCH SUNSET EXCUSE ME I'M JUST LETTING YOU KNOW OKAY? WHATEVER YOU'RE SAYING IS NOT CORRECT. OH REALLY? OKAY.
OKAY. I APOLOGIZE. THOUGHT HE DID.
MM. BUT HOW MANY Y'ALL WOULD LIKE TO HAVE A DRIVE IN RESTAURANT OR DRIVE IN COFFEE SHOP? SOMETHING RIGHT BY YOUR BEDROOM ? I DON'T SEE ANYBODY RAISING THEIR HAND. SO I PRESUME YOU DON'T AND I THINK THAT YOU COULD PUT SOMETHING BUT NOT A DRIVE IN RESTAURANT NEXT YOU BEDROOM NOW THAT WOULD YOUR YOU DON'T WANT ANYBODY ELSE IN HERE LIVE THERE IN OAK OAK YOU HAVE FOUR OR FIVE MORE SECONDS WELL I'LL TAKE MY 45 SECONDS OKAY. OH I JUST HOPE THAT YOU'LL PUT AS MUCH EMPHASIS ON PEOPLE AS YOU DO TREES, SHRUBS AND THIS AND THAT.
BUT THANK YOU VERY MUCH. I HAVE A QUESTION. DID YOU SAY THIS IS A RENTAL PROPERTY NEXT TO THIS? PROBABLY NO. NO, I OWN RENTAL PROPERTY ON GAY DRIVE NUMBER TEN GATE DRIVE. OKAY.
IT'S RIGHT DOWN THE STREET FROM THIS THESE PEOPLE'S HOUSE ON FERRY DRIVE.
OKAY. THANK YOU SIR. IT IS A REASON FOR MY BEING HERE. ALL RIGHT, THANK YOU. NOW DO ANYONE ELSE HAVE ANY COMMENTS? 706 OKAY. SORRY, JUDY.
[00:50:11]
I DID SUBMIT A CONSIDERED A CONCERN A GRAM I GUESS CONCERNED CITIZEN TO MISS HILLARY ALREADY ON MONDAY. I DON'T KNOW IF YOU HAVE THAT OR NOT BUT WE'VE LIVED ON JERRY DRIVE FOR 28 YEARS AND WE HAD A VERY QUIET AT ONE POINT AND THEY THEY MOVED PUBLIX AND WHEN THEY MOVED PUBLIX THEY WERE SUPPOSED TO BLOCK OFF THE NURSERY WHERE INLET IS.WELL THAT NEVER HAPPENED. SO NOW WE HAVE THE TRAFFIC FROM PUBLIX CONSTANTLY.
IT'S A CUT THROUGH CONSTANTLY THROUGH OUR NEIGHBORHOOD ALL DAY LONG EXCESSIVE SPEEDS.
LUCKILY NOT A LOT OF PEOPLE HAVE CHILDREN THERE. IT'S MOSTLY A LOT OF RENTAL PROPERTY SO THERE'S A LOT OF TRANSIENTS AND THAT SORT OF THING.
I'M CONCERNED ABOUT TRAFFIC. I DON'T WANT PEOPLE DOWN MY WAITING TO GET INTO WHATEVER THIS DRIVE THRU IS I. DON'T KNOW IF IT'S STARBUCKS BUT I THINK THAT'S PROBABLY WHAT IT IS. I DON'T KNOW FOR SURE IF THERE IS AN ACCIDENT TOWARDS HUNTING ISLAND DOCTOR ANY OF THOSE AREAS OUT THERE WE'RE AT GRIDLOCK RIGHT THERE AND SEE ON THE PARKWAY THEY COME DOWN NOT ONLY MY ROAD TRYING TO GET THROUGH THEY ALL COME OUT TO THE SAME POINT THEY DON'T REALIZE THAT SO THEY COME DOWN MY ROAD WE CAN'T GET OUT OF OUR ROUTE WE CAN'T GET OUR DRIVEWAY . AND I'M CONCERNED THAT IF THEY'RE GOING TO THIS DRIVE THROUGH WE CAN'T LEAVE OUR HOME AND IT'S IT'S NOT OUR ROAD.
IT'S GAY ON THE NEXT ROAD OVER AS IT STANDS RIGHT NOW WHEN I GO TO WORK IN THE MORNING, I DON'T GO I DON'T LISTEN. I DON'T GO BY PUBLIX. IT'S TOO DANGEROUS HAS BEEN TOO MANY ACCIDENTS DOWN THERE WITH THAT AREA THERE WITH JUST A STOP SIGN.
SO I DON'T GO DOWN THERE BECAUSE THERE'S PEOPLE COMING FROM STATE LINE AND FROM ALL OTHER DIRECTIONS I GO TO GET AND WAIT PROBABLY 10 MINUTES TO TURN LEFT, GET INTO THE MEDIAN THEN MERGE OVER AT LUNCHTIME OR BETWEEN IF THERE'S A TRAFFIC STUDY DONE BETWEEN TWO AND 5:00 IN THE LANES GOING TOWARDS THE DOWNTOWN THEY'RE GRIDLOCKED. YOU CAN'T GET OUT JUST TO PUT ANOTHER RESTAURANT THERE OR WHATEVER THIS THRU IS IS JUST KIND OF LUDICROUS IN MY MIND BUT THAT'S ALL I GOT TO SAY. THANK YOU SAID BETWEEN EXCUSE ME MA'AM YOU SAID SOMETHING ABOUT BETWEEN TWO AND FIVE STUDENTS. I'VE SAID IT AGAIN BETWEEN TWO AND FIVE THE LANES GOING TOWARDS DOWNTOWN THE TWO LANES ON THIS SIDE IT'S GRIDLOCKED CAN'T GET THROUGH THERE YEAH YEAH. SO I MEAN THE BOTH WAYS IS BAD BUT FOR SOME REASON RIGHT THERE IT'S WORSE. I DON'T KNOW IF IT'S OF THE WAY THE TRAFFIC LIGHT WORKS. I'D ALSO LIKE TO KNOW IF THERE IS GOING TO WELL THEY'RE SAYING THAT THEY'RE NOT GOING TO COME IN OFF THE SALEM PARKWAY WHICH CONCERNS ME BECAUSE THEY'RE GOING TO BACK INTO MY NEIGHBORHOOD OR THEY'RE GOING TO BACK ON THE STREET IF THEY'RE NOT COMING OUT SEE ON THE PARKWAY BECAUSE I WAS HOPING THERE MIGHT BE LIGHT IF THEY DID COME OFF SEA ISLAND PARKWAY SOMEWHERE AND THEN PEOPLE WOULD BE ABLE TO GET OUT. BUT IT DOESN'T SOUND LIKE THAT'S HAPPENING.
THANK YOU. THANKS. I HAVE A QUESTION FOR THE COUNTY. OKAY. FOR THE COUNTY.
FOR THE COUNTY. OKAY WAIT YOU WANT TO WAIT TILL PUBLIC COMMENTS COMES TO THE NOTICE? YEAH. THINK THAT WAS THE THING THAT ANYONE ELSE WANTED TO SPEAK ON THIS TOPIC OR OTHER THING? IF YOU WANT TO SPEAK IF YOU COME UP THE COUNTY KEEP SAYING THEY HAVE ACCESS TO THIS RESTAURANT AND IT'S SECONDARY ROADS. IT'S NOT A SECONDARY IT'S OUR NEIGHBORHOOD THEY'RE GOING TO BACK THEY'RE GOING TO COME IN TO THIS RESTAURANT ON OUR NEIGHBORHOOD ROADS.
THAT'S THE ONLY WAY THEY CAN GET INTO THE RESTAURANT. BUT IN ORDER TO GET TO THOSE SECONDARY ROADS THEY'RE GOING TO BACK UP ON SEA ISLAND PARKWAY WAITING THEIR TURN TO TURN INTO OUR NEIGHBORHOOD TO GO TO THIS RESTROOM. THERE'S NO EASY WAY AROUND THIS. I MEAN IT'S NOT GOING TO WORK. THERE ARE YOU CAN'T ANY DAY OF THE WEEK THAT YOU WANT GO DOWN THERE AND SINCE THERE'S GOING TO BE A TRAFFIC ACCIDENT IF SOMEBODY PULLING OUT OF FOOD LINE THIS IS DIRECTLY ACROSS THE STREET FROM THAT INLET AND OUTLET ON TO PARRIS ISLAND PARKWAY. NOW YOU'RE GOING TO HAVE TRAFFIC BOTH WAYS FROM THREE DIFFERENT INLETS TO SEA ISLAND PARKWAY.
WE JUST DON'T THINK IT'S A GOOD IDEA AND WE'D LIKE FOR Y'ALL TO RECONSIDER AND NOT ALLOW THIS.
THANK YOU THANK YOU, SIR. I AM COMING AND ARE IN I THINK WE HAVE A QUESTION FOR THE
[00:55:18]
COUNTY. YEAH WELL THIS ANY MORE PUBLIC COMMENT MORE? I JUST THOUGHT OF SOMETHING ELSE WHEN THESE CARS COME DOWN EITHER GAY OR FERRY COMING FROM THE BUSINESS ON SEA ISLAND THEY'RE GOING TO HAVE TO GO DOWN LOOP OH NINE NINE UP TEN OF THOSE CARS ARE GOING TO COME LUPO WHERE IT INTERSECTS WITH FERRY AND GO ON OUT TO LADIES ISLAND DRIVE RIGHT AT THAT CORNER RIGHT AT THAT CORNER ACCIDENTS ARE WAITING TO HAPPEN I DON'T KNOW ANY THAT WE'VE HAD RIGHT NOW BUT I CAN SEE IT HAPPENING HAPPENING BECAUSE YOU'RE NOT EXPECTING TRAFFIC TO COME DOWN FERRY THAT WAY AND ALL OF A SUDDEN ALL THIS TRAFFIC STARTS COMING YOU'RE GOING TO HAVE ACCIDENTS THERE AND THAT'S RIGHT BETWEEN ACTUALLY FOUR WHERE FOUR HOUSES JOIN PROPERTY. THANK YOU.AT THIS POINT THIS CLOSE OF PUBLIC COMMENT, I THINK WE HAVE A QUESTION FOR THE COUNTY ROB, YOU HAD SAID THAT I BELIEVE YOU SAID FERRY DRIVE HAS PLANS FOR IMPROVEMENTS.
WHAT IS THAT YES CAN WELL GO TO YES FERRY DRIVE IS PART OF THE BYPASS IT'S SUPPOSED TO OH THE NAME ESCAPES ME BUT THERE'S BYPASS OF THAT THAT'S SUPPOSED TO GO FROM LADY STILES HAZEL FARM ROADS CONNECT WITH FERRY AND THEN THE COME UP TO SEA ISLAND PARKWAY WHERE THERE'D BE A TRAFFIC SIGNAL AND THEN IT WOULD LINE UP WITH A NEW ENTRANCE TO LADY ISLAND MIDDLE SO YEAH THOSE ARE PLANNED IMPROVEMENTS COMING OUT OF THE $0.01 SALES TAX SO I GUESS WE STILL DON'T KNOW WHEN THAT'S GOING TO TAKE PLACE YOU KNOW THEIR DESIGNS THEY'RE WAITING FUNDING. OKAY MORE QUESTIONS AGAIN JUST FOR MY APPLICATION YOU SAID YOU KNOW YOU PUT IN STIPULATIONS ON THIS HEY YOU HAVE TO KEEP IT TREE IS IT TO SAY YOU TO KEEP THIS SPECIFIC TREE OR IS IT MORE SOON YOU HAVE SO MANY TREES ON THE LOT THREE TREES YOU KNOW, BEING REMOVED. I'M JUST WONDERING WHAT STIPULATIONS COULD BE PUT.
I THINK THAT'S UP TO THE ZBA I MEAN IF YOU WANTED TO GET TO DETAIL WHERE YOU'RE SIGNALING OR SINGLING OUT TREES TO BE SAVED, YOU KNOW THAT THAT'S THE SPORTS DISCRETION.
OR WE COULD SAY THAT THEY HAVE TO HAVE AN ARBORIST REPORT AND THEN THE STAFF CAN WORK TO MAKE SURE THAT A CERTAIN PERCENTAGE OR SAFETY OR SOMETHING OKAY BECAUSE.
I MEAN IF WE LOOK AT THIS WE DON'T KNOW IF THAT ONE'S A HEALTHY TREE OR NOT.
YEAH, THERE'S A 60 INCH LIVE OAK CLOSE TO THAT CORNER THAT IT'S IT'S NOT HEALTHY WHETHER IT COULD BE YOU KNOW, SAVED THAT THAT'S SOMETHING WE WOULD WANT TO SEE IN ARBORISTS REPORT AND YOU KNOW OUR STAFF ARBORIST LOOKED AT IT AND HAD CONCERNS ABOUT IT AND MORE QUESTIONS THANK YOU MR. MERCHANT. I HAVE ONE MORE QUESTION FOR THE COUNTY THIS DOES NOT APPEAR TO HAVE ANY KIND OF BUFFER BETWEEN THIS DEVELOPED AREA AND THE RESIDENTIAL.
WHAT ARE THE REQUIREMENTS ON THAT FOR TRANSACTIONS THERE'S NO BUFFER REQUIREMENTS.
OKAY. SO IF ALL THIS SINGLE FAMILY RESIDENTIAL IN THE TRANSIT.
YES COURSE OF COURSE IT IS A PRETTY EXTENSIVE LANDSCAPING PLAN THAT GOES WITH THIS ONE.
YES. WOULD THEY BE THERE'S NOT MUCH THERE BETWEEN THE RESIDENTS WITH THE PARKING AREA. RIGHT. THANK YOU, MR. MERCHANT BUT
[01:00:11]
WELL WE'VE FROM THE COUNTY OR FROM THE APPLICANT THAT'SION ITE MOTION ON THE FLOOR.I'LL MAKE THE MOTION TO APPROVE THE SPECIAL USE PERMIT AND SUPPORT STAFF'S DECISION TO APPROVE THE SPECIAL USE FOR THE DRIVE FOR AND YOU'RE FUNDING THE FENCE WAS PUT TO A FINE EFFECT WELL I THINK THAT IT MEETS THE CRITERIA FOR THE SPECIAL BOND THE SPECIAL USE THAT WAS ADOPTED IN MARCH OF LAST YEAR AND AGAIN FOR THE DRIVE FOR THE THRU SO IT'S MOTION ON THE FLOOR TO ACCEPT THE SPECIAL USE PERMIT. CAN I GET SOMEONE TO SECOND IT A SECOND SO IT'S A MOTION ON THE FLOOR TO ACCEPT IT AND PROBABLY MADE IN SECOND ALL IN FAVOR IT. CAN I ASK IF THE CSA WOULD CONSIDER A FRIENDLY AMENDMENT TO PROVIDE SOME BUFFER BETWEEN THE PARKING AND THE RESIDENTIAL NEIGHBORHOOD.
YEAH I'M DEFINITELY FOR THAT SO I CAN PROPOSE MY MOTION TO INCLUDE THE REQUIREMENT FOR VEGETATION BUFFER IN BETWEEN THE EXISTING RESIDENTS AND THE THE BACK OF THE PARK SO THE MOTION ON THE FLOOR IS TO UPHOLD IT WITH CONDITION THAT THE VEGETATION BUFFER BE ADDED BETWEEN THE PARKING AREA AND THE RESIDENCE SO IT'S PROBABLY MADE IN SECOND ALL IN FAVOR OF ALL THE FAVOR OF UPHOLDING THE SPECIAL USE PERMIT SIGNIFY BY RAISING YOUR HAND DON'T OPPOSE IT IT'S BEEN PASSED IT'S ITEM NUMBER TEN. BRIDGETTE HART WAS REQUESTING A
[10. Mrs. Bridget Hart is requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. The property is located at 31 Holland Court,St. Helena Island. The property is zoned T2-Rural (T2R).]
SPECIAL USE PERMIT FOR SHORT TERM LOG RENTAL. YOU EVENING.I'M RICHARD HART. I'M THE OWNER 31 HOLLY COURT SAINT HELENA ISLAND AND I HAVE APPLIED FOR A PERMIT BE ABLE TO RENT OUT MY HOUSE ON A WEEKLY BASIS THROUGH A PROPERTY MANAGEMENT FIRM THAT'S LOCATED IN THE IS YOUR HOUSE IN ANY NEIGHBORHOOD HAS COVENANTS? NO DO THERE'S A ADJOINING PROPERTY THAT DOES BUT WE DO NOT WE ARE NOT IN THE NEIGHBORHOOD IS THIS THE ONE THAT'S CONNECTED TO WALL NEXT PENN CENTER? YES. WE'RE ON THE WATER OR THE LOT. YOU KNOW.
EXACTLY. EXACTLY. SO DOES THIS WOULD THIS HAVE ANY EFFECT ON CENTER AS FAR AS THE COURT? OF COURSE WE CAN ACTUALLY YEAH.
BERNIE'S HERE TOO. I THINK YOU PROBABLY CAN ASK HIM QUESTIONS.
OKAY. SO I GUESS BASED ON THE CHECK IT SHOULDN'T BE YOU KNOW THERE IS A FENCE BETWEEN AND CENTER AND OUR PROPERTY ALL FROM MARTIN LUTHER KING ALL THE WAY WHICH DON'T OWN FROM MARTIN LUTHER KING TO OUR FRIENDS. BUT THERE'S A NATURAL VISITATION VEGETATION AND A FENCE ALL THE DOWN BETWEEN AND CENTER AND MOST OF THAT VEGETATION IS ON VINCENNES PROPERTY THOUGH VEGETATION YOU REFERRING TO.
YES I MEAN SO THERE SHOULDN'T BE ANY THERE WON'T BE PEOPLE WALKING BETWEEN THE CONCERNED WITH NO SHE SAID IT'S NATURAL VEGETATION SO ANYWAY THEY NEVER WANTED TO DO SOMETHING I GUESS THAT VEGETATION THEY COULD DO OR DID I MEAN YOU SAID YOU HAVE HEARD ABOUT THE EFFECT FROM CONSIDERING WHAT WAS YOUR OWN YOUR CONCERN. WELL I GUESS I'M MORE OR LESS CONCERNED ABOUT AND I GUESS THE COULD HELP ME WITH THAT IF THERE'S ANYTHING IN THAT AREA WOULD PROHIBIT IN THE SHORT TERM RENTAL WITHIN THAT AREA I WILL NOT BECAUSE IT'S IN THAT NATIONAL LANDMARK RIGHT. BUT I THINK HILLARY WOULD HAVE KNOWN WAS WHERE SHE GAVE HER.
[01:05:11]
IS THERE ANY QUESTIONS FOR THE APPLICANT? I GUESS YOU HAVE MET ALL OF THE REQUIREMENTS OF OF OF THAT BASED ON YOUR CHECKLIST PARKING HOW MANY WILL YOU OCCUPANCY AT ONE COUNTY IS FOR AND THE MAXIMUM NUMBER OF GUESTS WOULD BE EIGHT.ALL RIGHT. AND MORE QUESTIONS FOR THE APPLICANT THANK YOU.
WE'D LIKE TO HEAR THE COUNTY YOU RECOMMENDED APPROVAL THEY NORMALLY I CHECK FOR COVENANTS AND RESTRICTIONS AND IT'S NOT IN THE DEPARTMENT IT'S NOT SO I DIDN'T SEE ANYTHING THAT WOULD PROHIBIT THIS USE AS A SHORT TERM RENT. ALL RIGHT, LET'S GO INTO MORE QUESTIONS BUT AGAIN, THANK YOU. IS THERE ANY PUBLIC COMMENT? THERE IS ONE.
MR. ROBERT ROGERS YES. ROBERT ROGERS AND I'M AT SEVEN HALL IN COURT WITH YOUR NEIGHBORS THERE AND I'M SOMEWHAT SENSITIVE TO THIS BECAUSE I KNOW THAT THEY'VE BEEN TRYING TO SELL THEIR HOME FOR QUITE SOME TIME AND THE HOME IS NOT SOLD PART OF THAT I'LL BE VERY TRANSPARENT AS I'M BUILDING HOME AT SEVEN HARLEM WE ARE LIVING IN AN RV NEXT TO MY 83 YEAR OLD FATHER WHO LIVES ON THE PROPERTY WITH AND IT'S A BEAUTIFUL MILLION AND A HALF HOUR HOUSE ON THE WATER FOR SALE AND IT NEEDS TO BE LIVED IN AND LOVED AND ETC. MY CONCERN IS THAT THE ROAD THAT THEY ACCESS THEIR HOME ON I ACTUALLY OWN THE ROAD AND THEY HAVE AN EASEMENT ON THE ROAD THAT I OWN TO GET TO THEIR HOME .
THE IDEA OF HAVING EIGHT AUTOMOBILES GOING UP AND DOWN THE ROAD ON A BASIS AS THE HOME THAT I LIVE IN MY WIFE AND SOMEDAY GRANDKIDS CAN BE ETC. IS CONCERNING AND THAT WOULD BE MY FEELING ON THIS BECAUSE YOU HAVE TO THERE'S NO OTHER TO GET TO THEIR HOUSE BESIDES DRIVING PAST OUR HOME AND ALREADY YOU KNOW WE SCREAM AND YELL AT THE UPS DRIVER BECAUSE HE GOES 35 MILES AN HOUR DOWN ON ONE LANE DIRT ROAD AND THAT ONE LANE DIRT ROAD IS MY FRONT PORCH.
NO RESTRICTIONS ON THE TYPE OF USE ON THAT EASEMENT. THERE ACTUALLY IS THERE'S A AND IT SHOULD BE I'M SURPRISED THAT I'M SURPRISED THAT THIS THE PROPERTY IS NOT SHOWING UP TO HAVE COVENANTS RESTRICTIONS BECAUSE THERE WERE COVENANTS RESTRICTIONS WRITTEN AND WHEN WE PURCHASED THE PROPERTY WE BECAME THE DEBT BECAUSE WE OWN THE MAJORITY OF THE PROPERTY WE BOUGHT ALL BUT THEIR HOME AND TWO FRONT HOME SITES SO WE OWN THE REMAINING HOME SITES THAT WERE THERE SO WE BECAME THE DECK PART OF THAT SO IT'S YES IN OUR COVENANTS AND RESTRICTIONS THAT ARE RECORDED IT SAYS THAT THERE IS NO COMMERCIAL USE ON THE PROPERTY AND I KNOW JUST THE LEGAL DESCRIPTION JUST AS A GENERIC IS SUBJECT TO ALL COVENANTS RESTRICTIONS AND SOMETIMES THAT MIGHT PUT ONCE I'M NOT REALLY SURE HAVING IT BEFORE AND JUST BEING A GOVERNMENT LAWYER BASIS I DIDN'T LOOK ANY FURTHER TO AS MANY OF THE SURROUNDING PROPERTY THE EASEMENT THE EASEMENTS RECORDED I DIDN'T BRING I DID AND HONESTLY I HAVE GONE BACK AND FORTH OF WHETHER I WAS EVEN GOING TO COME HERE AND BE PRAYED OVER THAT MY WIFE SAID WE NEED GO BECAUSE THAT'S GOING TO CHANGE THE USE OF THE PROPERTY FOR EVER ONCE IT GOES TO A LITTLE IT WILL NEVER GO BACK UNLESS THERE'S SOME STRANGE REZONING OF THAT.
SO THAT COVENANT CAME IN PLACE WHEN AGAINST THE IT WAS THEN THERE SO IT WAS ORIGINALLY PUT ON THE ORIGINAL OWNER DEVELOPED THE PROPERTY WHICH IS BOBBY DESPERATE AND SO EVEN WITH MR.
[01:10:04]
HOLLAND TO KIND OF BACKDATE THAT WHEN WAS WORKING FOR EAST WEST COMMUNITIES IN DEVELOPING IN RETREAT THE CITY WALK MR. HOLLAND ASKED US TO COME LOOK AT THE PROPERTY POSSIBLY DEVELOP IT BECAUSE BUT BECAUSE OF WHAT WAS ALREADY THERE IN PLACE IT WAS NOT A SUITABLE DEVELOPMENT PROPERTY FOR US SO WE WERE FAMILIAR WITH WHAT WAS THERE NEAR WITH THE COMPANIES THAT WERE THERE AND THAT'S WELL I CHANGED MY MIND OKAY. I HAVE ANOTHER QUESTION OF THE COUNTY I MEAN NOT NOW THAT YOU'VE CHANGED YOUR MIND IT'S MOVE.BUT YEAH THAT'S REAL PUBLIC. OH, I'M SORRY. YEAH.
AND YOU DID A YES, SIR. OKAY, THANK YOU. AT THIS POINT I'M SORRY WHEN WHEN I CLOSED ON THE HOUSE AND GOT THE COVENANTS RESTRICTIONS THAT APPLY THAT BOBBY HOLLAND HAD PUT INTO PLACE, HE PURPOSELY DID NOT PLACE HIS HOMES HOME LOT IN THAT COMMON AND RESTRICTION DOCUMENT. IT COVERS THE OTHER EIGHT LOTS THAT ARE FROM MARTIN LUTHER KING BOULEVARD TO THE EDGE OF MY PROPERTY. SO MY PROPERTY IS NOT IN THOSE COVENANTS AND RESTRICTIONS AND I AM SENSITIVE TO THE ROGER SINS FEAR THAT THERE WILL BE A LOT OF TRAFFIC BUT WE HAVE HAD A RENTAL HOME BEFORE AND AT THE BEACH IN THE OUTER BANKS AND I CAN TELL YOU STATISTICALLY I'M SURE I CAN FIND IF YOU'D LIKE TO BRING IT BACK A FOUR BEDROOM HOME IS NOT GOING TO HAVE EIGHT CARS. YOU KNOW, PEOPLE COME AS COUPLES OR THEY COME YOU KNOW, A FEW PEOPLE IN A CAR. SO WE'RE EXPECTING IT.
THERE MIGHT BE ANYWHERE BETWEEN THREE AND FOUR CARS AND RIGHT NOW WE HAVE TWO NOT MUCH DIFFERENT. SO SO OBVIOUSLY THEY ARE COVERED SO AT THIS POINT IS THERE ANY MORE IN THE PUBLIC COMMENT AT THIS POINT WE EXCUSE ME, SIR.
ALL RIGHT. WE'RE GOING TO CLOSE PUBLIC COMMENT OBVIOUSLY THERE ARE SOME COVENANTS AND RESTRICTION I DON'T KNOW IF IT'S IF IT APPLIES TO YOUR PROPERTY OR NOT BUT I THINK AT THIS POINT IT'S UP TO THE BOARD THAT WAY WE CAN HAVE TIME TO LOOK OVER THIS PUBLICLY THIS COVENANTS THE RESTRICTIONS AND MAYBE THIS AT OUR NEXT SCHEDULED MEETING WE DON'T EVEN KNOW WHAT WHAT THE BUT WHAT DO YOU THINK OF I REMEMBER WHEN THIS SUBDIVISION WAS DONE AND I REMEMBER COVENANTS AND RESTRICTIONS BUT I COULDN'T FIND THEM.
I SEARCH I SEARCH. I JUST COULDN'T FIND THEM. SO I'M GLAD I GOT THESE WHEN I WRITE DOWN THE THE NUMBERS AND I RESEARCH THEM BUT YEAH I SEE WHERE HE KEPT HIS OUT OF IT.
WE KEPT RESEARCH LIKE WE READ WE'LL RESEARCH IT AND I'LL GET MY COPIES AND WE'LL SEE AND WE CAN LOOK AT THIS AGAIN. THAT'S EXCELLENT. YES.
PUBLIC COMMENT IS CLOSE BUT I'M GOING TO LET YOU GO AHEAD AND SO WHEN WE PURCHASED THE PROPERTY KEVIN DIGS LOOKED AT AND ACTUALLY THERE THEIR HOME WAS ORIGINALLY IN THE COVENANTS AND RESTRICTIONS AND DUE TO THE START OFF OF HOW WE BEGAN AS BEING NEIGHBORS WE FOUND IT BEST OR DECIDED THAT WE WOULD ALLOW THAT PROPERTY TO NOT BE PART OF THE COVENANTS RESTRICTIONS. GIVEN THE RESEARCH THAT YOU SAID AS THE DIFFERENT YOU HAVE THE ABILITY TO DO THAT THERE WAS AN HLA THAT HAD BEEN FORMED THAT WAS IN ARREARS.
NO ONE WAS PAYING THAT HLA AND SO TO THE OTHER PROPERTY OWNER UPFRONT UNTIL WE WENT TO A T AND SAID WE'RE GOING TO PAY IN THE HLA WE ARE GOING TO KEEP A COVENANT RESTRICTION OF SOME SORT THAT WE'LL WORK WITH YOU ON BECAUSE SHE'S THE ONLY OTHER PROPERTY OWNER THERE OUTSIDE OF JEREMY ADAMS IN THE WE'VE SPOKE WITH THEM AS WELL SO IT WAS DONE SO THAT WE DIDN'T HAVE TO FIGURE OUT WHERE WE GOING TO PUT ANOTHER GATE UP ON THE PROPERTY BECAUSE THE PROPERTY WAS ORIGINALLY GATED WE DIDN'T THE PROPERTY WE BOUGHT THE PROPERTY TO LIVE ON SO THE GATES TAKEN DOWN THAT'S SO SO TAKE THE COVENANTS OFF OF THAT. SO WE TOOK OUT OF THE HLA THAT WAS THERE SO THERE WAS NO VOTE THEY HAVE NO VOTING RIGHTS IN THAT HLA OR SO REALLY TRULY THEY'VE JUST GOTTEN FREE ACCESS TO THE ROAD WE MAINTAIN TO ALLOW THEM TO HAVE CONFIDENCE
[01:15:05]
TO TAKE THEM OUT. KEVIN DUKES WAS THE ATTORNEY DID IT AND SAID THAT IT DID NOT HAVE TO BE AMENDED SO THERE WAS NO AMENDMENT DONE ON THE THAT HLA BUT NOT DID YOU AS DECLARANT SIGN A SEPARATE DOCUMENT RELEASING THEIR PROPERTY FROM THE COVENANT I BELIEVE WE DID CLOSING I CAN REACH OUT TO KEVIN AND LIKE I SAID THIS WAS ONE OF THOSE THAT I IN JUST SO I COULD SAY THIS I DON'T WANT TO SAY SOMEONE CAN'T USE THEIR HOME FOR HOW THEY WANT TO USE THEIR HOME SO IT'S THE NIMBY AND I'M VERY AWARE OF THAT AND I WANT TO BE TRANSPARENT OF THAT BUT I ALSO WANT TO BE TRANSPARENT. THIS IS WHERE I LIVE AND THIS IS WHERE WE'RE GOING TO THIS WE'RE BUILDING OUR FOREVER HOME AND MY WIFE IS WAITING ON ME TO GET THERE TONIGHT SO WE CAN ACTUALLY MOVE OUR VERY FIRST DINNER FURNITURE IN AFTER 14 AND A HALF MONTHS OF BUILDING. AND SO THAT'S IT WHICH HAS BEEN PART OF THE ISSUE.YEAH I SAID WE WE HAVE HAD OUR HOUSE ON THE MARKET SINCE LAST COME TO THE HOUSE HAS BEEN ON THE MARKET LAST APRIL EVERY EVERY EVERY BUYER'S AGENT THAT COMES DRIVES DOWN THE DRIVEWAY SEES GOING ON THE HOUSE BEING BUILT THE TWO TRAILERS THAT THEY'RE LIVING IN AND BILL IS LIVING IN AND SAY WHAT IS GOING ON OUT THERE AND THEY LEAVE ME YOU DON'T HAVE A CHOICE.
SO THEY CAME LIKE THIS AND RESTRICTIONS SO BUT POINT IS THAT WE HAVE BEEN TRYING TO SELL THE HOUSE WE NEED TO GET SOME INCOME BECAUSE WE CAN'T SELL THE HOUSE.
SO THE IDEA WAS TO MAKE IT A WEEKLY RENTAL WHICH IS NOT OUR PREFERENCE BUT IF THAT'S OUR ONLY OPTION THAT'S WHAT WE HAVE TO DO LONG TERM RENTAL WHICH IS 30 DAYS AND IT WOULD BE YOU WOULD NEED THE 29 DAYS. YEAH BUT THE THING FOR US IS THAT COVENANTS ARE HIGHER THAN US SO I THINK WHAT MR. MACK WAS SAYING IS THAT WE NEED TO POSTPONE THIS FOR A MONTH SO TO GET THE COVENANT ISSUES STRAIGHTENED OUT SO WE KNOW WHETHER WE CAN EVEN GRANT ESPECIALLY THESE ARE WE WOULD BE I WOULD BE VERY HAPPY IF BETWEEN NOW AND THEN I CAN PULL THE APPLICATION REQUEST BECAUSE WE HAVE A CONTRACT ON HOUSE. SO MATT HIS WIFE'S A REAL ESTATE AGENT YOU KNOW WE WOULD LIKE TO GET A CALL SAYING THAT WE DO NOT UNDERSTAND SHE SAID MAYBE MAYBE MAYBE ONCE YOU GUYS MOVE IN AND THE TRAILERS ARE GONE PEOPLE WILL COME AND SOMEONE WILL WANT TO BUY IT. BUT WE DIDN'T LIKE THIS RULE YOU WANTED SO YOU WANT WITHDRAW YOUR APPLICATION. NO, NO I'M SAYING I AGREE I UNDERSTAND YOU'RE SAYING THAT WE WILL NEED TO COME BACK SO I NEED TO SCHEDULE. WELL, YEAH.
ALL RIGHT. WE WOULD JUST PUT IT ON OUR NEXT MOVE AGAIN.
WE CONTINUE AND THEN WHAT DO I DO BETWEEN NOW AND THEN? YOU WAIT UNTIL THE NEXT MEETING BUT I MEAN WHAT DO I DO DIFFERENT FOR THAT YOU DON'T YOU'LL DO THAT WHEN YOU'RE FACING THE TIME YOU COULD GET A TITLE SEARCH DO THE COVENANTS FROM A TITLE ABSTRACT OR PROVIDE IT TO BECAUSE OTHERWISE IT'S JUST GOING TO BE THE COUNTY LOOK INTO AND SEE WHAT THEY CAN FIND BUT ANY KIND OF RELEASE FROM WOULD BE OF RECORD IN YOUR CHAIN OF TITLE YEAH YEAH LET'S GET A LOT OF THIS WE'RE PROBABLY HAVING FIVE TO DO RIGHT SO THE WAY WE LOOK AT IT IS THAT I'M DOING MAX VIA WHAT WE KNOW AS THAT COURT THE ROAD TO THE IS THESE MOVEMENTS RIGHT AND SO YOU HAVE A RIGHT TO IT WE HAVE A RIGHT TO AN EASEMENT AND EVEN IF WE'VE GOT A SHORT TERM RENTAL THEY THE PEOPLE WHO ARE USING IT ARE OUR GUESTS AND THAT IS AN EASEMENT FOR THEM. SO I DON'T, I DON'T KNOW HOW BUT A LOT OF THINGS HAVE HAPPENED WITH THIS SUBDIVISION WAS NOT THAT IT WAS NOT APPROVED AS AN EASEMENT IT WAS A RIGHT OF WAY TO BE A PRIVATE ROAD OWNED BY EVERYBODY IN THE SUBDIVISION IF READ THIS THAT'S WHAT IT SAYS AND IT'S ALL THAT STATE AND I DON'T KNOW WHAT HAPPENED AND IT JUST AND WHOEVER SOLD IT KNOW IT'S A MESS AND THE RIGHT OF WAY RIGHT RIGHT.
SO THE QUESTION THAT WE HAVE IS THAT IT IS A PRIVATE ROAD AND WE HAVE A WIFE COULD WE WE CAN'T APPROVAL WHY WOULD THE GAS AT OUR PROPERTY ARE OUR ISSUES NOT EASEMENT IT'S COVENANTS THE COVENANT THAT'S NOT THE EASEMENT COULD RESTRICTED FOR RESIDENTIAL ACCESS THAT'S TRUE BUT LIKE I SAID IT SHOULDN'T BE AN EASEMENT IT SHOULD BE A RIGHT
[01:20:03]
OF WAY BY EVERYBODY WHO OWNS A LOT IN THAT SUBDIVISION BUT I THINK YOU KNOW SIR, I DON'T KNOW WHAT HAPPENED TO THAT. OH, OKAY. SO NOW I HAVE TO LIVE WITH WHATEVER IT IS SOME THAT WASN'T DONE BEFORE LIKE THERE DOESN'T SEEM TO BE WHAT WE'RE GOING TO DO NOTHING IS OKAY. THAT'S WHAT I NEED TO KNOW TO GET A COPY OF THE COVENANTS AND RESTRICTIONS. YEAH. WE'RE GOING TO HAVE TIME TO LOOK AT ALL. YEAH, WE'RE GOING TO PUT YOU ON OUR NEXT MOVE AGAIN.THAT WAY YOU CAN COME BACK IN IF THERE'S ANYTHING THERE THAT'S PROHIBITING IT.
IF IT'S NOT PROHIBITING IT THEN WE WILL VOTE ON IT AND THEN YOU CAN MOVE FORWARD AND HOPEFULLY CAN HAVE YOUR EVIE IN. BUT IF THERE'S ANYTHING IN THAT COVENANT STATES THAT NO COMMERCIAL USE THEN IT COULD GO THE OPPOSITE DIRECTION. I'M NOT SURE YET SO I THINK IT DEPENDS THE HOUSE IS IS THE COVENANTS OR TO THAT LAW. YEAH YEAH YEAH IT'S NOT RIGHT IT'S OUR INTEREST IT'S MY UNDERSTANDING IT IS NOT CLOSING IN FOR ANY WOULD HELP YOU.
YEAH WE'LL JUST DOUBLE CHECK AND BRING OKAY I CAN DO THAT BUT THAT WAS THE THE UNDERSTANDING WHAT WE WERE TOLD WHAT I READ I MEAN WENT TO LAW SCHOOL I REMEMBER IN THE BAR I KNOW TO LOOK AT THE LITTLE STUFF RIGHT UP TO ORPHANS RIGHT UP TO OUR PROPERTY LINE.
OKAY. WE'LL BRING THOSE LITTLE STUFF YOU CAN LOOK AT THE TITLE ABSTRACT FOR YOUR PROPERTY HERE AND ANY ENCUMBRANCES ON THERE AND THAT'S IN A POOL OF ANY KIND OF RELEASE RIGHT HERE. SO COULD DO THAT THROUGH YOUR CLOSING ATTORNEY OKAY.
SO CAN YOU PLEASE BRING IT BACK TO ME BECAUSE I'M NOT GOING TO BE THAT BECAUSE THAT'S THE HARD PART TO FUND BECAUSE IT'S OUTSIDE OF THE GOVERNANCE AND THEN YOU'VE GOT TO START LOOKING AT THE ADJOINING PROPERTIES KNOW SO THAT'S GOING TO BE THE BEST EVIDENCE IN SPECIFIC IS THAT YOUR PIECE OF PROPERTY? OKAY I WON'T DO THAT THANK YOU . YOU GUYS HERE WHEN YOU'RE OUTSIDE SOONER OR LATER ALL THE STUFF FROM THE MEETING IS OH GEEZ. ALL RIGHT.
THANK YOU GUYS. THANK YOU VERY MUCH OH HILARY I HAVE A QUESTION FOR SHORT TERM RENTALS IS THAT ALLOWED FOR THE CURRENT OWNER OR OCCUPANT OF A HOUSE OR DOES IT GO DUTY WITH THE OWNER? SO IF SO IF THEY SOLD IT THEN GOES AWAY.
YEAH. OKAY FOR PERMANENT SO AND THEN THE OTHER QUESTION I HAVE AND MAYBE IS A SHORT TERM RENTAL, IS THAT REALLY CONSIDERED COMMERCIAL? YES. YES. IT'S A BUSINESS BUSINESS IF THEY GET A BUSINESS LICENSE IT IS CONSIDERED A BUSINESS AT THAT OF THAT WAS YES.
THANK YOU SO WE'LL PUT YOU ON ON NEXT MONTH AGENDA OKAY UH ANY OLD BUSINESS NEW BUSINESS GENTLEMEN I MOVE WE ADJOURN A SECOND FROM THE MAIN AND SECOND ON A FAVOR I
* This transcript was compiled from uncorrected Closed Captioning.