Apr 27, 2023 Zoning Board of Appeals

[3. FOIA – PUBLIC NOTIFICATION OF THIS MEETING HAS BEEN PUBLISHED, POSTED, AND DISTRIBUTED IN COMPLIANCE WITH THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT ]

[4. ADOPTION OF AGENDA]

[5. APPROVAL OF MINUTES – March 23, 2023]

[Items 6 & 7]

[00:01:44]

CHAIR OF THE ZONING BOARD OF APPEALS STANDING IN FOR OUR CHAIR KEVIN MACK I'D LIKE TO WELCOME EVERYBODY THE FIRST ORDER OF BUSINESS IS CALLING US TO ORDER AND THEN THE SECOND IS A PLEDGE OF ALLEGIANCE IF EVERYBODY WILL STILL PLEASE STAND I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE HAS STRONG FOR ALL THE NOTICES PUT OUT A GREAT CAN I HEAR A MOTION TO ADOPT THE AGENDA I MOVE THAT WE ADOPT THE AGENDA SECOND ALL IN FAVOR DID EVERYBODY HAVE A CHANCE TO LOOK AT THE MINUTES FROM THE MARCH 23RD MEETING? WERE THERE ANY CORRECTION CORRECTIONS ADDITIONS I HEAR A MOTION TO APPROVE. I WASN'T THERE SO I'LL MAKE A MOTION TO APPROVE THE MINUTES FROM THE MEETING. MARCH 23RD 2023 SECOND CIRCUIT ALL IN FAVOR SO OUR FIRST ACTION ITEMS ARE SIX AND SEVEN WHICH ARE AS A AN APPEAL OF THE DECISION THE ZONING AND DEVELOPMENT ADMINISTRATORS DECISION AND THE APPLICANT HAS ASKED TO COMBINE THOSE SINCE THEY'RE THE SAME ISSUES SO WE WILL COMBINE ITEM SIX AND SEVEN ARE RULES OF PROCEDURE THE APPLICANT 20 MINUTES TO PRESENT IF YOU NEED A LITTLE BIT MORE SINCE WE'RE COMBINING SIX AND SEVEN WILL BE HAPPY TO GRANT YOU A FEW MORE MINUTES AND THEN THE COUNTY WILL PRESENT THEIR CASE. SO MR. WILLIAMS, ARE YOU PRESENTING ON BEHALF OF THE CLIENTS? I AM CHAIRMAN.

THANK YOU VERY MUCH. I'M CHESTER WILLIAMS. I'M WITH ATTORNEY FROM THAT ISLAND AND I TOLD MR. NIELSON I USED TO SIT IN THAT CHAIR FOR 16 YEARS BEFORE SO THIS IS THE FIRST TIME I'M ON THE OTHER SIDE FROM YOU ALSO. BUT CAN I REPRESENT MR. MR. AND MR. AND MRS. VAN VAN ROSSUM WITH RESPECT TO HILLARY DECISION THAT SHE WON'T RENEW A EXISTING APPROVAL FOR SHORT TERM RENTALS BECAUSE IT'S A VIOLATION OF THE APPLICABLE COVENANTS AND. I UNDERSTAND THAT YOU ALL HAVE A WHOLE SLEW OF HEARINGS WITH FOLKS FROM CALVIN POINT ABOUT SHORT TERM RENTALS. IT'S IT'S AN INTERESTING SITUATION OUT THERE. THERE ARE AT LEAST A HALF DOZEN MAYBE EIGHT OR TEN DIFFERENT SETS OF COVENANTS APPLICABLE TO DIFFERENT SECTIONS OF COURT AND POINT.

SOME ARE VERY EXPLICIT AND SAY RESIDENTIAL USE ONLY SOMETHING RESIDENTIAL AND AGRICULTURAL USE ONLY THE COVENANTS ARE APPLICABLE TO MY CLIENTS PROPERTIES DON'T SAY THAT AND SO I WANT TO WALK Y'ALL THROUGH SO THE ISSUE WILL QUICKLY MR. JUSTICE ROSSUM PURCHASED THEIR

[00:05:09]

THEY HAVE CONSISTENTLY THEIR ACCOMMODATIONS TAX EVER SINCE IN DECEMBER OF 2021 THEY WERE TOLD THEY WOULD HAVE TO APPLY FOR SHORT TERM RENTAL PERMIT AND THEY DID AND IN MARCH OF THE FOLLOWING YEAR 22 THEY RECEIVED THAT PERMIT IN AUGUST OF 2020 AND THIS IS NOT IN THE PACKAGE THAT Y'ALL RECEIVED. IT SHOULD HAVE BEEN BUT THIS IS AS PART OF THE COUNTY'S RECORDS IN AUGUST OF 2022 THE VAN ROSSUM'S RECEIVED A VIOLATION NOTICE SAYING THAT THEY WERE IN VIOLATION OF THE SHORT TERM RENTAL BUT AFTER ACTUALLY WENT THROUGH THAT AND I THINK THIS ALSO CONFIRMED THEY DECIDED NO THAT THERE WAS NO VIOLATION OF THE COVENANTS THAT THE PEOPLE WERE COMPLAINING ABOUT WEREN'T APPLICABLE FOR THE VAN ROSSUM ALL THE REPORTS AND THEY WENT ON ABOUT THE SHORT TERM RENTAL OPERATIONS IN JANUARY OF THIS YEAR THEY APPLIED FOR A NEW ANNUAL PERMIT BUT THIS TIME IT WAS DENIED IN MARCH OF THIS YEAR IN FEBRUARY THIS SEASON BECAUSE THIS LAWSUIT SAID IT WAS A VIOLATION OF THE COVENANTS IN 2020 TO HAVE ONE VIOLATION OF COVENANTS NOT ONCE BUT TWICE. THAT WAS DETERMINED ONCE WHEN THE PERMIT WAS ISSUED THE SECOND TIME WHEN THE NOTICE OF VIOLATION WAS RESOLVED.

SO LET'S TAKE A LOOK AT THE LANGUAGE THAT'S APPLICABLE TO THOSE THAT'S PART OF THE COVENANTS THAT ARE APPLICABLE. THE SECTION OF CALVIN POINT WHERE MY CLIENTS LIVE AND THAT'S THE EASTERN POINT DOWN THAT'S ON THE BEACH AND WHAT THE COVENANTS SAY IS ALL LOSSES ABOVE THIS PROBLEM SHALL BE KNOWN AND DESCRIBED AS RESIDENTIAL LOTS AND THOSE STRUCTURES SHALL BE CONSTRUCTED, ALTERED PLACE OR PERMITTED TO REMAIN ON ANY RESIDENTIAL BUILDING LOT OTHER THAN A SINGLE OR DOUBLE FAMILY DWELLING NOT TO EXCEED TWO AND A HALF STOREYS IN HEIGHT AND A PRIVATE GARAGE FOR NOT MORE THAN TO PASS PARAGRAPH TWO SAYS NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY SHALL BE CARRIED ON UPON ANY LAW NOR SHALL ANYTHING BE DONE THEREIN WHICH HAS BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD.

SO THE QUESTION IS DOES THAT LANGUAGE PROHIBIT ANYTHING OTHER THAN SINGLE FAMILY RESIDENTIAL THIS AUSTIN SAYS YES IT DOES WE SAY NO IT DOES NOT AND WE'RE HOPING TO CONVINCE Y'ALL THAT WE'RE RIGHT IF YOU CAN GET THE THE BEAUTY OF THAT IS THE AERIAL ZONING MAP ZERO ONE THERE'S A SERIES OF ZERO ONE THROUGH ZERO EIGHT CAN YOU PUT IT UP SO WE CAN SEE IT IN YOUR 101 ROB CAN YOU GET IT ON THE SCREEN UP HERE? THAT'S THIS ONE MR. WILLIAMS THAT IS SCREEN DOOR ONE BUT THAT'S AND THAT'S THAT PERSON EXCUSE ME ROB CAN.

YOU TURN THE SCREEN DOWN SO WE CAN SEE IT. OKAY SORRY ABOUT THAT.

IT'S HARD FOR US TO LOOK AT THAT ONE. YEAH, THAT'S IT IN MS..

WILLIAMS QUESTION WHILE THEY'RE DOING THAT SO I'M CLEAR ARE THE COVENANTS HERE THAT PEOPLE 212 AND 1689 THESE ARE APPLICABLE TO BOTH THE PROPERTIES? YES.

ALL RIGHT. THE PROPERTY IS RIGHT ACROSS THE STREET.

OKAY. THAT'S WHAT I'M GOING TO DO AND THAT'S WHY I SAID THE ISSUES HERE ARE ABSOLUTELY IDENTICAL. OKAY. OKAY.

SO NUMBER ONE, THIS IS JUST A SCREENSHOT OF THE COUNTY TAX OF THE COFFIN POINT AREA.

IF YOU GO TO THE NUMBER TWO PLEASE LEAVE THAT ONE THERE FOR ME THE PROBLEM WITH THAT IS THAT IS THE FIRST PAGE OF THE SUBDIVISION PLAT OF THE AREA OF COFFIN POINT THAT WE'RE TALKING ABOUT AND AGAIN IS THE VERY SOUTHERN POINT I'M SORRY EASTERN POINT AND OUR CLIENTS LOTS ARE ON THAT SUBDIVISION BUT THEY'RE ALL RIGHT THAT'S A THAT AGAIN IS A CONFLICT ZONE AREA WITH ONE OF THE PARTICULAR AREAS THAT'S SUBJECT TO A PARTICULAR SET OF RESTRICTIVE

[00:10:05]

LIKE I SAID BEFORE SOME OF THEM DO PROHIBIT EXPLICITLY ANYTHING OTHER THAN RESIDENTIAL USE.

THESE DO NOT IF YOU GO TO NUMBER THREE PLEASE THE YELLOW AREA SHOWN IN THAT LAST ONE IS SUBJECT TO WHAT'S REFERRED TO AS MAXIMUM COVENANTS AND THAT WAS A COMPANY WAS ELLIOT MOODY AND ONE OF THE PEERS WHO DEVELOPED THAT AREA AND SUBDIVIDED AND SOLD THEM OFF SUBJECT TO THOSE PARTICULAR VALUES YOU SEE THE GRAY AREA THERE THAT COVERS A SUBSTANTIAL PART OF THE WESTERN PART OF CARLTON POINT THAT'S THE AREA THAT THE COFFIN POINT PROPERTY OWNERS ASSOCIATION SAYS IS SUBJECT THEIR COVENANTS.

AND AGAIN YOU NOTICE THE AREA THE BOTTOM ON THE EAST SIDE THAT'S NOT INCLUDED IN THERE.

MY CLIENTS ARE NOT MEMBERS OF THE COFFIN POINT PROPERTY OWNERS ASSOCIATION.

THEY DON'T THEIR MEETINGS ARE NOT SUBJECT TO THEIR RESTRICTIONS AND THEY'RE NOT SUBJECT THEIR ASSESSMENTS. YOU CAN GO THE ACTUAL SO THIS IS NOT THE SAME THINGS THAT YOU HAVE TO DO THE MATH IN THE COFFIN POINT BUT YOU SEE THE RED DOWN AT THE BOTTOM THAT'S THE AREA THAT'S SUBJECT TO THE COVENANTS THAT ARE APPLICABLE TO MY CLIENTS PROPERTIES COMPLETELY SEPARATED FROM THE REST OF , THE PROPERTIES ISOLATED DOWN THERE BY ITSELF AND THAT'S THE ONLY SET OF RESTRICTED COVENANTS THERE'S A SUPPLEMENT TO IT THAT IS THAT MY CLIENTS SAW SOMETHING IN YOUR PACKET THERE IS A LEGAL OPINION FROM JIM WELL-RESPECTED ATTORNEY HERE SAYING YEAH ARE THE ONLY COVENANTS THAT SUBJECT YOUR PROPERTY AND THEY DO NOT PROHIBIT OTHER USES OTHER THAN RESIDENTIAL NEXT PLEASE AND THE OTHER THE OTHER ONES I HAVE ARE THERE JUST TO SHOW YOU THE DIFFERENT AREAS YOU SEE THE LITTLE PURPLE AREA OUT THERE THAT'S A THAT'S AN AREA THAT IS SUBJECT TO A SET OF PUBLIC INSIDE ONE OF THE THEORIES PUT ON THE PROPERTY BUT HE SAID SPECIFICALLY NOT APPLICABLE THIS TRACT HERE AND THERE WAS ONE OTHER ONE THAT HAD A DIFFICULT TIME ON THE TAX MAPS. BUT BUT AGAIN IT SHOWS YOU THAT THE JUMBLE THE MISHMASH OF RESTRICTIVE COVENANTS UNDER THAT AREA WHICH ONE IS THAT ONE IS A FACT. WHAT'S THE RESTRICTION? THAT'S NUMBER SUPPRESSION.

YOU SEE THE LITTLE GREEN AREA THERE IN THE MIDDLE THAT'S IN THERE THAT'S SUBJECT TO A DIFFERENT SET OF COVENANTS YOU IN ADDITION TO THE GULF AND ONE PROPERTY ON THIS OCCASION AND I THINK THERE ARE TWO OTHERS THAT ARE SIMILAR THAT FOLLOW THAT SHOW DIFFERENT TRACKS MAYBE ACTUALLY THREE OTHERS THAT FOLLOW THROUGH DIFFERENT TRACKS THAT ARE SUBJECT TO DIFFERENT COVENANTS. SO WE CAN PROBABLY DIFFERENT SETS OF COVENANTS NEXT YOU SEE THIS ONE ADDED A LITTLE PINK AREA THERE ON THE LEFT HAND SIDE.

THOSE LOTS THERE ARE AGAIN SEPARATE TO A SOMETHING TO A DIFFERENT SET COLORS AND EVERY PLACE ELSE OUT THERE IN GULFPORT AND THE NEXT RELEASE THEN YOU SEE THE LIGHT BLUE AREA THAT APPEARS THERE AGAIN DIFFERENT SET OF COVENANTS APPLICABLE TO IT AS WE READ THIS SO ONE OF THE SO WE SEE 123456 SO AT LEAST 70 DIFFERENT SETS OF COVENANTS OR BUT THE QUESTION IS WHICH ONE ARE APPLICABLE TO OUR CLASS PROPERTIES AND IT'S THE ONES THAT MR. BROWN I'M GOING TO DEBUNK 212 AT PAGE 60 AND 89 AND THE COUNTY'S INTERPRETATION IN 2022 WAS NO PROBLEM FOR SHORT TERM HERE. HERE'S YOUR PERMIT IN AUGUST BECAUSE OF COMPLAINTS BASED ON A DIFFERENT SET OF IN THE COFFIN POINT AREA OUR CLIENTS GOT THE VIOLATION NOTICE BUT THAT WAS RESCINDED AFTER THE ISSUE WITH THE RESTRICTIVE

[00:15:04]

NOTE THE PROHIBIT ANYTHING OTHER THAN RESIDENTIAL USE OF SHORT TERM RENTALS IN COMMERCIAL USE SO YOU CAN'T DO IT BUT READ SECTION TWO OF THE COVENANTS NO NOXIOUS OFFENSIVE TRADE OR ACTIVITY SHALL BE CARRIED ON THE COMMENT BLOCK TRADE I DON'T SEE ANY WAY THAT ANY REASONABLE INTERPRETATION THE TERM TRADE COULD BE LIMITED TO SOLELY FAMILY RESIDENTIAL USE TRADE IS BUSINESS TRADE AS COMMERCIAL USE THE COVENANTS CLEARLY PROVIDE FOR TRADE USE THEY DO NOT EXPLICIT PROHIBIT RESIDENTIAL USE IT JUST SAYS THAT THE LAW SHOULD BE KNOWN AS RESIDENTIAL LOTS AND YOU HAVE TO BUILD A SINGLE FAMILY RESIDENTIAL STRUCTURE IT DOESN'T SAY WHAT YOU CAN WHAT YOU CAN AND CANNOT DO WITH THAT STRUCTURE OTHER THAN PARAGRAPH TWO IT SAYS WELL YOU CAN CARRY ON A TRADE OR OTHER ACTIVITY AS LONG AS IT'S NOT AN ANNOYANCE OR NUISANCE AND THAT TO US IS THE ROAD RIGHT THERE. THAT IS THE LINE THAT SAYS NO, IT'S NOT SUBJECT TO JUST RESIDENTIAL USE. THE COVENANTS DO ALLOW USES OTHER THAN RESIDENTIAL USE AND LIKE I SAID BEFORE THE IN THE GENERAL SENSE OF IN WRITING THEIR HOUSE FOR ALMOST 20 YEARS ALMOST TEN YEARS NOW SINCE JULY 2013 REMOVALS STARTED THE FOLLOWING YEAR THEY FOLLOWED ALL THE RULES. THEY'VE DONE EVERYTHING THEY'RE SUPPOSED TO DO THEY PAID THEIR ACCOMMODATIONS, TAXES, THEIR BUSINESS LICENSES BUT NOW SOMETHING HAS CHANGED AND WE DON'T KNOW WHAT THAT IS. AND BECAUSE OF THAT WE THINK THE COUNTY'S INTERPRETATION OF THOSE COVENANTS IS WRONG AND THAT HILARY'S DECISION REGARDING THE ISSUANCE OF THE SHORT TERM RENTAL PERMIT SHOULD BE REVERSED.

SO THIS BUSINESS DAN WERE HERE, IT WAS MISERABLE HERE YOU DON'T HAVE ANY QUESTIONS FOR THEM GET QUESTION TWO COMMENTS FROM ME SO THAT'S THAT'S WHAT THE COMPANY SAID WHAT IS THE LAWSUIT THE NOTICE OF VIOLATION IS THERE IF YOU WANT TO PUT THAT UP ON THE SCREEN BECAUSE I STILL DON'T UNDERSTAND WHY DIDN'T GET A COPY OF THAT BUT IT WAS ISSUED AND THEN IT WAS RESCINDED WHICH IS ALL THE MORE EVIDENCE THAT YES SHORT TERM RENTAL IS ALLOWED ON THIS PARTICULAR PIECE OF PROPERTY. MR. ROMNEY YOU POINTED OUT ONE OF THE OTHER MEETINGS ON A WATCH RECORDINGS OF THE COVENANTS BEING IN DEROGATION A COMMON LAW BUT STRICTLY CONSTRUED SO AS TO ALLOW THE BROADEST AND FREEST USE OF ONE'S PROPERTY THAT IS SPECIFICALLY THE POINT OF THE PENNY CREEK ASSOCIATES VERSUS FENWICK CLARENDON APARTMENTS IS DECIDED BY THE BOARD OF APPEALS IN 2007 ONE OF THE HIDDEN NOTES MR. BRANCH WE NEED RESTRICTIONS ON THE USE OF PROPERTY SUCH AS RESTRICTIVE COVENANTS OR DISFAVORED THUS TO ENFORCE A RESTRICTIVE A PARTY MUST SHOW THAT THE RESTRICTION APPLIES TO THE PROPERTY EITHER BY THE COVENANTS EXPRESS LANGUAGE OR BY PLAIN UNMISTAKABLE IMPLICATION RESTRICTIONS ON THE USE OF PROPERTY WILL BE STRICTLY CONSTRUED WITH ALL BALLOTS RESOLVED IN FAVOR OF THE FREE USE OF THE ALTHOUGH THE RULE OF STRICT CONSTRUCTION SHOULD NOT BE USED FOR THE AND OBVIOUS PURPOSE OF RESTRICTIVE BUILDINGS THE PLAIN AND OBVIOUS PURPOSE IF IT IF THE RIGHT THOSE COVENANTS HAD WANTED TO LIMIT THE PROPERTY STRIP SINGLE FAMILY RESIDENTIAL USE COULD VERY EASILY SET SO BUT THEY DON'T THEY SPECIFICALLY ALLOWED FOR TRADE AND OTHER ACTIVITIES SO WHEN YOU'RE LOOKING AT THESE COVENANTS IF THERE'S DOUBT WHATSOEVER THE LAW REQUIRES THAT SHE RESOLVE THAT IN FAVOR OF THE BROADEST AND FOR USE USE OF ONE'S PROPERTY LIKEWISE PURDY VERSUS MOSES THE SAME APPLIES TO ZONING ORDINANCES. THIS IS A 1953 CASE FROM THE SOUTH CAROLINA SUPREME COURT THAT IS STILL THE GOVERNING IN THIS STATE STATUTES OR ORDINANCES IN DEROGATION OF NATURAL RIGHTS OF PERSONS OVER THEIR PROPERTY OUGHT TO BE STRICTLY CONSTRUED AND SHOULD NOT BE IMPLIEDLY EXCLUDED. THE CASE IS NOT CLEARLY WITHIN

[00:20:02]

THAT'S ALL I'VE GOT. IF YOU HAVE ANY QUESTIONS DOES ANYBODY HAVE ANY QUESTIONS NOW I WOULD LIKE TO INCLUDE IN THE RECORD A COPY OF THE NOTICE OF VIOLATION.

SO THAT'S CLEAR AND THE RULES REQUIRE THAT IF ON SITE PHASES I PROVIDE PARTIES CLOSE TO THE RECORD WHICH I WILL DO HERE ALSO. THANK YOU.

AND EVEN THOUGH BOTH CASES WERE COMBINED I DON'T THINK I TOOK THAT QUITE.

THANK YOU. AND ONE OF THE THING I'D LIKE TO GET ON THE RECORD IS A LETTER DATED YESTERDAY SIGNED BY A WHOLE SLEW OF OUR CLIENTS NEIGHBORS.

THEY WOULD SAY THEY DON'T HAVE ANY OBJECTION TO SHORT TERM RELEASE OF HEARING.

SO I'LL GIVE THESE. THERE'S ALSO THE CONCLUDING LETTER AND SO WITH THE COUNTY LIKE TO THANK MR. FOR HI I'M BRIAN HULBERT. I'M YOUR NEW DEPUTY ATTORNEY AND I'LL BE REPRESENTING THE COUNTY AND MS. AUSTIN IN THIS APPEAL.

I THINK IT'S IMPORTANT TO TAKE A STEP BACK AND TO LOOK AT WHERE WE ARE IN 19 2020 SEPTEMBER OF 2020 WE PASSED THE ORDINANCE WHERE WE REGULATE SHORT TERM RENTALS WHEN IT CAME INTO BEING. SO AFTER SEPTEMBER OF 2020 THE PLANNING DEPARTMENT BEGAN THE PROCESS OF SETTING A PROCESS TO REGULATE THE SHORT TERM RENTALS AND IN DOING SO THEY FOLLOWED THE ORDINANCE THE NEW ORDINANCE SECTION FOUR THAT'S ONE THAT'S 316 IN WHICH THEY UP WHERE YOU ARE REQUIRED TO SEEK AN ANNUAL PERMITTING PERMIT FROM THE ZONING DEPARTMENT AND BUSINESS FOR SHORT TERM RENTALS THE COUNTY COUNCIL PLACED SHORT TERM RENTALS IN THE OFFICE PART OF THE LAND USE RV CO IN SECTION 3-1 THERE ARE 60 UNDER OFFICES AND SERVICES AND LAND USE CATEGORY. THE COUNTY COUNCIL PLACED LODGING SHORT TERM RENTAL AND THE PURPOSE OF DOING THAT WAS TO SAY THAT WHEN YOU RENT YOUR HOUSE OUT FOR 29 DAYS OR LESS IT'S LODGING AND THAT'S COMMERCIAL ITEM. SO COUNTY COUNCIL LEGISLATIVE RENTING OF YOUR HOUSE FOR 29 DAYS OR LESS IS PERMITTED. WE'RE IN ZONE AND A SPECIAL USE WHEN IT IS A COMMERCIAL ACTIVITY AND THAT'S FOR RENT. SO IN SECTION 4S1-36 SO THEY SET UP THE STANDARDS ESTABLISHING THE OPERATING OF SHORT TERM RENTAL THEY ALL

[00:25:04]

A PARTICULAR IMPORTANCE WAS THE RESTRICTIVE COVENANTS AFFIDAVIT SIGNED BY THE APPLICANT OWNER IN PLACE FOR STATE LAW SO ANYBODY APPLYING FOR SHORT TERM RENTALS ZONING PERMIT HAD TO ADDRESS WHETHER OR NOT THERE WERE RESTRICTIVE IN THEIR NEIGHBORHOOD WHERE THEY'RE WANTING TO RENT THEIR HOME IN AS MR. WILLIAMS SAID THIS CLIENT SUBMITTED THEIR APPLICATION ONCE THE CAME INTO EFFECT TO SEEK ZONING PERMIT BUSINESS LICENSE.

OUR PROCESS WAS BRAND NEW. IT DIDN'T THIS MINUTE AND THE APPLICATION AND THE CHECK THE BLOCK IN THERE ANSWERING THE QUESTION ABOUT WHETHER OR NOT RESTRICTIVE COVENANTS AFFECTED THE HOUSE AND THE RENTAL OF THE HOUSE IN THE NEIGHBORHOOD AND SAID NO EACH OF THE KNOW THAT RESTRICTIVE COVENANTS EITHER DIDN'T EXIST OR THEY DIDN'T AFFECT THE SHORT TERM RENTAL BUT I DO WHEN THIS AUSTIN WAS REVIEWING ZONING APPLICATIONS SHE IN PART RELIED UPON THAT REPRESENTATION FROM THE APPLICANTS THAT THEY WERE NOT RESTRICTIVE COVENANTS THAT EFFECTIVELY PROHIBITED SHORT TERM RENTALS IN PART WHY THEY WERE GRANTED THAT INITIAL ZONING PERMIT LAST YEAR UNDER THE NEW REGULATION THAT WE HAD IN ANTICIPATE OF THE FLOOD OF APPLICATIONS GOING TO THE COUNTY OF THE NEW REGULATION REGULATIONS IN FACT THE PLANNING DEPARTMENT GOT TOGETHER AND CAME UP WITH A PLAN THAT ALL RIGHT SO DID INUNDATE THIS BODY WITH A WITH NUMEROUS APPLICATIONS FOR SPECIAL USES FOR SHORT TERM RENTALS. THEY WOULD LOOK AT THE APPLICATIONS AND IF THEY PAID THEIR HOSPITALITY TAXES ACCOMMODATIONS TAXES AND THEIR OTHER TAXES THEY WERE CURRENT IN THAT AND THEY WOULD APPROVE THE APPLICATION UNLESS THEY WERE RESTRICTIVE COVENANTS PROHIBITED SO THESE APPLICANTS PROVIDED THE PROOF THAT THEY PAID THEIR TAXES INCURRED THEIR TAXES SO THIS HILLARY AUSTIN APPLICATION SAW THAT THE THEY DIDN'T HAVE RESTRICTIVE COVENANTS THAT WERE AFFECTING IT BASED ON THEIR CONCEPTUAL QUALIFICATION AND HAD PROOF OF TAXES. SO SHE ISSUED THE PERMIT FROM THE ZONING DEPARTMENT RATHER THAN HAVING COME BEFORE THIS BOARD FOR A SPECIAL USE EXEMPTION.

THAT'S WHY THEY GOT THE FIRST INITIAL PERMIT FOR SHORT TERM RENTALS IN THE SUMMER WHEN THEY HAD THAT APPLICATION. OUR CODE ENFORCEMENT OFFICE STARTED GETTING COMPLAINTS FROM THE NEIGHBORS AS FAR AS SHORT TERM RENTALS OCCURRING THERE AND SAYING HEY HERE'S RESTRICTIVE COVENANTS. THEY PROHIBIT THE RENTAL OF SHORT TERM RENTALS IN OUR NEIGHBORHOOD THEY RESPONDED TO THAT THE COMPLAINT THAT MR. WILLIAMS REFERRED TO AS FAR AS HEY I GOT THIS NOTICE VIOLATION AND THEN CALLED THE GOLF PERSON OFFICE AND TALKED TO THEM AND MR. AUSTIN REGARDING COMPLAINT IS CORRECT BUT THEY WERE CONFUSED FAR AS THERE BEING NUMEROUS CAMERAS UP TO SEVEN HAVE SAID THE COVENANTS IN THAT NEIGHBORHOOD AS MR. WILLIAMS REPRESENTED SO THEY WERE LOOKING AT DIFFERENT COVENANTS AND BASED UPON THAT OKAY THESE CODES DON'T APPLY TO YOU SO THEY'VE GOT AN ISSUE CONTINUOUS BUSINESS AS HE HAD TIME TO LOOK FURTHER INTO THE ISSUE LAST FALL AND THAT'S WHEN THE DETERMINATION WAS MADE ALL RIGHT. THERE ARE RESTRICTIVE COVENANTS THESE ARE THAT APPLY TO THESE TWO PARCELS BASED ON WHAT THE DEED SAYS AND THE COVENANTS SAY AND THE COVENANTS HAVE THE LANGUAGE THAT PROHIBITS SHORT TERM RENTALS IN THE NEIGHBORHOOD BECAUSE THE CABINS REQUIRE RESIDENTIAL USE ON EACH OF THE THERE'S FOUR WHICH MR. ROBERT WHICH WHERE IS THE SHORT TERM RENTALS PROHIBITED IN THE COVENANTS IT'S PARAGRAPH ONE IF ON PARAGRAPH ONE TO INTERPRET PARAGRAPH ONE. IS THAT YOUR POSITION? YES IT ALLOWS SHORT TERM RENTALS REQUIRE A USE NO THERE'S DIFFERENT IF YOU LOOK AT THE CODE IN SECTION 3.1.6 THE CONSOLIDATED USE TABLE IN THAT PARAGRAPH BUT ARE YOU AWARE OF CASES LIKE VERSUS SEA PINES WHICH DENOTE THAT A SHORT TERM RENTAL STILL RETAINED THE HOUSE THE HOME RETAINS A RESIDENTIAL DENTAL QUALITY A SEPARATE ISSUE BECAUSE AS YOU KNOW DOC HAD A LITTLE BIT BUT THAT'S THE SOUTH CAROLINA CASE LAW IT IS MOST OF THEIR TIME IS SET UP FOR RESIDENTIAL SO IN

[00:30:01]

SO IT DIDN'T TERM THAT RESIDENTIAL CHANGED THE NATURE AND THAT WAS INTERPRETING THE LAW AS ALL RIGHT. THE ISSUE WAS HOW DO YOU HAVE TO RENT YOUR ENTIRE HOUSE AND WOULD YOU TAKE THE POSITION THAT THESE PROHIBIT THE LEASING OVER 30 DAYS IN YOUR HOUSE BUT LEASING WAS NOT MENTIONED IN POLICY DOES NOT PROHIBIT THE SHORT RENTALS OF HOUSES THAT THAT YOU BUY. OKAY WE DON'T TEACH TO ARE IN WHICH SHORT TERM RENTALS ARE PERMITTED FOR 90 DAYS OR LESS OKAY UNLESS THERE'S RESTRICTIVE SO THE COUNTY HAS TO BUT WHAT IF THE SHORT TERM COVENANT OR WHAT IF THE COVENANTS FOR SHORT TERM RENTALS THEN THEY DO IT THEN THEY LOOK AROUND BECAUSE IT COVERS OFF OR THAT'S THE WHOLE ISSUE THAT'S HERE BEFORE THE ZONING LAW DUE TO COVID PROHIBITS SHORT TERM RENTALS AND ISSUE IS HERE'S WHERE YOU HAVE TO DISTINGUISH THAT FOR SHORT TERM RENTALS THE COUNTY IS ON THE DEED.

YOU ARE AND SHORT TERM RENTALS IS ALLOWED FOR THOSE A SPECIAL USE THE I JUST WANT TO MAKE SOMETHING CLEAR HERE BECAUSE IT'S YOUR POSITION CORRECT THAT THESE COVENANTS THAT WE'RE TALKING ABOUT 212 1689 DON'T PROHIBIT LEASING 30 DAYS OKAY WELL THEN IS THERE A SPECIFIC PROHIBITION ON SHORT TERM RENTALS IF IT'S FOUND IN THE COVENANTS.

STAY WITH ME HERE IN LEASING 29 DAYS LESS THE TERM TO SEE COMMERCIAL SITES IN YOUR COUNTY COUNCIL PASSED AN ORDINANCE DO THESE COVENANTS COMMERCIAL ACTIVITY COVENANTS THEY DO THE SAME ASK YOUR RESIDENT SO YOU HAVE TO INTERPRET WHAT'S THAT DO YOU INTERPRET TREAT YOUR STATEMENT PARAGRAPH ONE VERSE ALL RIGHT WELL THEN LOOK AT PARAGRAPH TWO LET'S LET HIM FINISH AND THEN CAN ASK I MEAN WE CAN MAKE THAT ALL THEY WANT BUT I MEAN I JUST THE LAW IS FAIRLY CLEAR ABOUT THIS. WELL, THE COUNTY COUNCIL HAS DETERMINED THAT SHORT TERM RENTALS IS A COMMERCIAL ACTIVITY. SO THE WHOLE PURPOSE OF IT WAS DETERMINATION WAS THAT ALL RIGHT IF ALLOWED THAT'S WHAT YOU GOING TO DO SO FURMAN THEN THE COMPLAINTS CAME IN SHE SAW THE COVENANTS AND SHE LOOKED AT IT SAYS YES IT SAYS IT HAS TO BE RESIDENT SOMETIMES THAT'S WHAT IT REQUIRES IN PARAGRAPH ONE THE ACTION TAKEN BY WAS ASKING WAS THAT SHE THEN DECIDED RATHER THAN REVOKE THE PROPERTY AT THAT TIME SHE LET IT COME TO EXPIRATION AND THEN ON RENEWAL SHE WOULD INFORM THEM AND GIVE THEM A PERIOD OF SIX MONTHS TO CLOSE UP THEIR BUSINESS. SO SHE WAS BEING AND GIVING HER THEN SIX MONTHS TO A CONCLUSION OF THE INITIAL PERMIT AND THEN SHE WOULD HAVE A SIX MONTH AND GAVE THEM SIX MONTHS TO WRAP UP THEIR BUSINESS SO. THEY GOT 9 TO 12 MONTHS TO RAMP UP THEIR BUSINESS BUT THEY GOT THROUGH DURING THE YEAR THE REASON THAT COMMERCIAL ACTIVITY OR THE DEFERMENT IS NOT THAT SHE WON'T RENEW THE PERMIT AFTER THIS IS BECAUSE OF SECTION 629 1145 THE SOUTH CAROLINA CODE OF LAWS THAT THE PLANNING DEPARTMENT FROM ISSUING A PERMIT IF THE COVENANTS PROHIBIT THAT ACTIVITY SO THE QUESTION IS TO COME INTO EFFECT AND THAT'S WHY THIS DENIED IS THAT THE COUNTY SAID NO THE STATE OF SOUTH CAROLINA SAYS NO PERMIT AND THE COVENANTS PROHIBIT THAT. SO THAT WOULD JUST BE BECAUSE WHAT YOU'RE SAYING IS THAT LEASING IS NOT PROHIBITED. THAT DOESN'T CHANGE THE CHARACTER TO COMMERCIAL IF LEAVE BUT BECAUSE THE 30 DAYS OR MORE THAT'S NOT RESTRICTED IS APPARENTLY CALLED LET'S JUST LEAVE YOUR HOME SO BASED THE SACRAMENT IT WOULD QUALIFY AS SEVEN YEARS I'VE GOT A QUESTION ON THAT IF YOUR HOME WAS IN AN AREA THAT DIDN'T HAVE ANY COVENANTS AND IT WAS ONLY YOU COULDN'T HAVE ANY COMMERCIAL ACTIVITY BUT COULD GET A SPECIAL USE FOR A SHORT TERM RENTAL WITH THAT YOU BE YOU KNOW YOU COULD HAVE NO BUSINESS THERE IF IT PROHIBITS COMMERCIAL ACTIVITY FOR CAR RENTALS COMMERCIAL ACTIVITY SO YOU CAN'T BUT IF THE HOUSE PURCHASE ACTIVITY YOU DO SO IT COMES DOWN TO YOUR INTERPRETATION OF THE DEFINITION OF THE COMPANIES AND LOOKING AT THE COVENANT READ THE FIRST PARAGRAPH FOR FURTHER EXPLANATION ABOUT THE INTENT OF THE DRAFTER LOOK AT THE SUPPLEMENTAL PART OF EVIDENCE FROM THE WAS DRAFTED FEW YEARS LATER FOR THE SWIMMING POOL AND

[00:35:07]

ALL RIGHT. SO THE INTENT IS RESIDENTIAL BUT WHEN YOU LOOK THE SUPPLEMENT TO RESTRICTIVE COVENANTS YES. YOU SEE THERE IT TELLS YOU THAT BASED ON THE SAID LAW IN CONJUNCTION WITH THE PRIVATE RESIDENTIAL USE OF THE SUNLIGHT OR LOSS I MEAN THE REFER THAT SAME RESIDENTIAL BUT TEN YEARS LATER IT'S THAT'S CLEARLY THEIR INTENT AS FAR AS KEEPING IT RESIDENTIAL AND NOT COMMERCIAL IT DOESN'T COMMERCIAL ACTIVITY AND THE WHOLE INTENT WHEN THEY DRAFTED THAT WAS TO KEEP IT A RESIDENTIAL NEIGHBORHOOD NOT A COMMERCIAL AREA AND THAT'S LOOKED AT THE ENTIRE NEIGHBORHOOD.

IT'S A RESIDENTIAL NEIGHBORS LOTS OF BUSINESSES IN THERE. IT'S NOT A SILLY QUESTION.

DOES THAT MEAN THAT I CANNOT RENT 29 DAYS BUT AGAIN FOR 31 I GUESS IT WASN'T SUCH SILLY QUESTION. THE REASON IS THAT COUNTY COUNCIL DETERMINED THAT SHORT TERM RENTALS WOULD BE 29 DAYS I UNDERSTAND THAT. UNDERSTAND THAT.

SO 30 DAYS IS NOT A SHORT TERM RENTAL. I'M STANDING IN UNION FOR RENTALS IS DETERMINED TO EITHER BUT ALSO 30 DAYS IS NOT COMMERCIAL ACTIVITY FOR 29 DAYS IS THAT BY DEFINITION IF IT'S YOUR WORK OR NOT AND WE'RE TALKING ABOUT ONE HOUSE OWNED BY HER HOUSE YEAH. IT WOULD NOT BE DEFINITION WE WOULDN'T HAVE ISSUE.

YOU KNOW THAT'S A LITTLE WEIRD TO ME. YOU HAVE TO DETERMINE AT SOME POINT WHAT SHORT TERM AND WHAT'S NOT. OH I KNOW THAT YOU CAN RUN INTO A SITUATION WHERE YOU KNOW THERE COVENANTS THAT ALLOW FOR SHORT TERM RENTAL IN THE BEGINNING OF THE COVENANTS IS GOING TO SAY HEY THESE ARE SINGLE FAMILY RESIDENTIAL DWELLINGS AND THEN IT'LL GO ON LATER TO THE LEASING SECTION AND IT'LL HAVE AN ALLOWANCE OF OF LEASING AND IF IT DOESN'T PROHIBIT SHORT TERM RENTALS THEN IT ALLOWS FOR IT.

YOU'RE ABSOLUTELY RIGHT. BUT THE WAY THAT COUNTY HAS BEEN TAKING THIS POSITION IS THAT HEY, IF THERE'S THE WORDING SINGLE FAMILY RESIDENTIAL IT'S YOU KNOW, THE SHORT TERM RENTALS PROHIBITED WHERE THAT'S NOT NECESSARILY WHAT COVENANTS MIGHT MIGHT TECHNICALLY ALLOW FOR WHAT CASE LAW HOW HOW THE COURT WOULD DECIDE THE CASE LAW ON THE INTERPRETATION THE PROBLEMS SO WE'RE NOT THERE YET WE'RE GOING TO BE SORT OF A VIABLE INTERPRETATION CASE THAT DECIDES UH AS THE PART HERE BECAUSE THAT DEALT WITH THE ISSUE ON AS WE SAID AGAIN OR DEALT WITH ALL RIGHT IF YOU HAVE A HOME IF YOU'RE FIRE HOUSE YOU KNOW WHAT THAT ANY OTHER QUESTIONS FOR THE COUNTY ?

[00:40:01]

HE SAYS PARAGRAPH ONE LIMITS IT TO RESIDENTIAL USE BUT READ PARAGRAPH ONE WORD USE DOESN'T SHOW UP THERE ANYWHERE IT'S NOT IN THERE. PARAGRAPH ONE DESCRIBES THE PHYSICAL CHARACTERISTICS OF CAN GO ON THE LAW. YOU HAVE TO BUILD A RESIDENCE THERE DOESN'T SAY ANYTHING ABOUT USE AT ALL PARAGRAPH TWO DOES ADDRESS USE TRADE OR ACTIVITY. LIKE I SAID BEFORE I DON'T THINK THERE'S ANY REASONABLE WAY TO INTERPRET THE TERM TRADE TO BE ONLY SINGLE FAMILY RESIDENTIAL USE AND I THINK THAT'S THE CRUX OF THE ISSUE HERE BECAUSE THE IS RIGHT OF THE COVERED IF THE APPLICATION FOR A SHORT TERM RENTAL VIOLATES THE COVENANTS THE COUNTIES IS PROHIBITED USING THE CREDIT OUR POSITION IS THAT THE COVENANTS ALLOW FOR USES OTHER THAN SINGLE FAMILY RESIDENTIAL USE THERE'S NO PROHIBITION WORDS ANYWHERE IN THERE THERE'S NOTHING THAT SAYS RESIDENTIAL USE AND THAT WE THINK IS THE BOTTOM LINE. I HAVE A QUESTION FROM THESE WERE WRITTEN IN 1973 BEFORE ANYBODY EVEN HEARD OF SHORT TERM RENTALS.

CORRECT. SO HOW DO YOU INTERPRET IN THE ADDENDUM WHEN THEY'RE TALKING ABOUT THE SWIMMING POOLS OR WHEN IT SAYS CONSTRUCTED A PLACE ON THE SAID LAW CONJUNCTION WITH THE PRIVATE RESIDENTIAL USE OF THE SAID LOT OR LOTS THAT MIGHT GET INTO IT THAT MIGHT TAKE IT INTO A DIFFERENT REALM BUT BUT I MEAN YOU'RE THIS THE SAME PERSON WROTE THE FIRST ONE AND THAT THEY ARE SAYING RESIDENTIAL USE OF THE LOTS AT THAT POINT BUT STILL PARAGRAPH TWO IS STILL THERE TRADE OR ACTIVITY YOU CAN DO A TRADE OR ACTIVITY THAT IS SO LONG AS IT IS NOT AN ANNOYANCE OR NUISANCE. COULD YOU HAVE A HOME BUSINESS IN THERE THAT'S A THAT'S A COMMERCIAL THAT'S A TRADE. CAN YOU HAVE A CONSULTING FIRM OFFICE THAT'S IN THERE YOU HAVE YOUR ENGINEERING CONSULTING FIRM IN THERE OR PEOPLE COME TO SEE YOU ON OCCASION THOSE ARE THAT'S NOT A RESIDENTIAL BUT THAT IS A TRADE OR ACTIVITY AND AS LONG AS IT'S NOT AN ANNOYANCE OR NUISANCE NEIGHBORHOOD PARAGRAPH TO SPECIFICALLY ALLOWS FOR IT BUT OUR OUR ZONING ALLOWS FOR THOSE IF YOU LIVE ON THE PROPERTY OKAY BUT STILL TRADE THAT'S THE ISSUE IS A TRADE OR ACTIVITY AND THE SHORT TERM RENTAL USE OF THE PROPERTY IS CLEARLY A TRADE AND IS PERMITTED UNDER THE COVENANTS AND IS PERMITTED UNDER THE ZONING AND MY CLIENTS ARE ENTITLED THEIR PERMITS. ANY OTHER QUESTIONS FOR MR. WILLIAMS? OKAY FOR VOTING ON THIS MOTION? WE HAVE FOUR OPTIONS ACCORDING TO OUR PROCEDURES WE HAVE NO PUBLIC COMMENT ON AN APPEAL BUT WE'RE GOING TO HAVE A DISCUSSION BUT I'M NOT GOING TO GIVE YOU WHAT OUR OPTIONS ARE SO WE CAN AFFIRM THE ACTION OR THE DECISION OF THE DIRECTOR SO OUR FIRST WE CAN MODIFY THE ACTION DECISION OF THE DIRECTOR AND IN THAT IN THE SHALL HAVE ALL THE POWER OF THE DIRECTOR AND MAY ISSUE OF PERMIT OR DIRECT THAT A PERMIT BE ISSUED OR CAN REVERSE THE ACTION OR DECISION OF THE DIRECTOR.

AND TO THAT END THE BOARD SHALL HAVE ALL THE POWERS OF THE DIRECTOR AND MAY ISSUE A PERMIT OR DIRECT THAT A PERMIT BE ISSUED SO WE CAN MODIFY THE ACTION WE CAN ACCEPT THE DECISION, WE CAN REVERSE THE DECISION OR CAN REMAND THE ACTION OR DECISION OF THE DIRECTOR FOR SUCH PROCEEDING AS THE BOARD DEEMS APPROPRIATE. YOU TO ME THIS ISSUE I THINK IS FAIRLY CLEAR AND I THINK I KNEW WHAT I'D BE TELLING THESE FOLKS FOR ISSUING AN OPINION BUT I WOULD OTHER WOULD BE TO REVERSE THE BOARD AND ISSUE THE PERMITS BECAUSE I DON'T THINK THE

[00:45:05]

WELL, THERE'S NOBODY HERE NOW, YOU KNOW, BECAUSE THERE'S NO NEVER MIND.

YOU'RE RIGHT. IT'S AN ADMINISTRATIVE APPEAL. I'M SORRY.

YOU'RE RIGHT. YOU'RE RIGHT. ADMINISTRATIVE APPEALS.

YEAH. THERE'S NO PUBLIC COMMENT. SO WHAT HAVEN'T THEY ALREADY PROVIDED EVERYTHING ELSE IT WOULD ALREADY GO THROUGH THAT. NO BECAUSE THEY WERE EXISTING SO THEY DIDN'T GO THROUGH THE PROCESS LIKE ALL THE ONES THAT WE SEE NOW THEY THE YOU KNOW, THE PLACE AND THE RIGHT THAT THEY DIDN'T COME BEFORE THIS BOARD.

YEAH SO WHAT THEY DID THEY IF WE WERE SAYING IF WE TOOK THE POSITION THAT THE COVENANTS WELL I GUESS THAT'S THE SPECIAL USE PERMIT THEN THEY WOULD JUST HAVE TO MAKE SURE THAT THEY GOT THEIR WENT THROUGH THOSE ZONING OFFICE TO GET THE REST OF THEIR YES.

MAKE SURE THAT THEY HAD THEIR BUSINESS LICENSE AND ALL OF THAT 500 OH I HAVE SEVERAL QUESTIONS WITH EACH OF THESE SEVEN DIFFERENT DISTRICTS AND WE OBVIOUSLY HAVE TURNED DOWN A LOT OF THEM. AND I'M CURIOUS AS TO THE DIFFERENCES AND THEN WITH YOUR ACTIONS PART OF IT WHAT THE COMPLAINTS ARE ARE THEY BECAUSE THERE'S THINGS GOING ON THAT ARE CONSIDERED TO BE OBJECTIONABLE TO PEOPLE THAT HAVE TO DRIVE BY BECAUSE WE HEAR FROM THE CODES ENFORCEMENT SURE. THAT'S WHO WAS NOTIFIED, RIGHT? CODE ENFORCEMENT OFFICIAL YEAH . YEAH.

HELLO I'M OFFICER GAUTIER MP FOR COUNTY CODE ENFORCEMENT. JUST LIKE YOU GUYS HAVE ALL SAID WE STARTED HAVING THESE SPECIAL USE PERMITS COME IN OF THE ZONING BOARD OF APPEALS AND WHEN IT CAME TO COURT FROM POINT A LOT OF AFTER A LOT OF THE NEIGHBORS GOT UP AND SPOKE ABOUT THE DIFFERENT SECTIONS OF POINT I WENT OUT AND SPOKE TO THEM AND I SAID IF YOU GUYS HAVE ANY ISSUES I'M THE PERSON YOU GUYS WOULD CONTACT AND I WILL START INVESTIGATING ALL THE COMPLAINTS AND ALL OF THESE SHORT TERM RENTALS THAT ARE, YOU KNOW, ON THE PROPERTY. I THINK THE MOST IMPORTANT THING WE KEEP ON TALKING ABOUT THE COVENANTS AND RESTRICTIONS IF YOU READ NUMBER TWO THE I DON'T THINK PEOPLE HAVEN'T WENT ON WITH THE SENTENCE AND IT SAYS THAT THEY'RE ON TO WHICH MAY BECOME AN ANNOYANCE OR A NUISANCE IN NEIGHBORHOOD AND OBVIOUSLY WE SEE THAT THERE'S SEVERAL PEOPLE IN THE NEIGHBORHOOD THAT FEEL THAT IT'S BECOME AN ANNOYANCE, A NUISANCE.

SO WE HAVE AND THERE'S ONE PARTICULAR INDIVIDUAL HERE IN THE ROOM ACTUALLY IS WITHIN THIS COVENANT AND RESTRICTION AND HAS CALLED OUR OFFICE SEVERAL TIMES DISCUSS THIS AND I THINK THAT THERE ARE SOME OTHER PEOPLE I DON'T KNOW WHERE ALL THE REST OF THE PEOPLE THAT ARE IN THIS ROOM WHERE THEY RESIDE IN RELATIONSHIP TO THE DIFFERENT COVENANTS OR RESTRICTIONS IN COFFIN POINT BUT I DO KNOW ONE INDIVIDUAL THAT IS BOTH IN THIS AREA FALLS WITHIN THESE COVENANTS AND RESTRICTIONS ONE OF WHICH LIVES ON THE PARTICULAR ROAD OF ONE OF THE PEOPLE ON THE AGENDA TONIGHT. SO THANK YOU.

ANY QUESTIONS FOR YOUR OKAY WITH RICK WE'VE BEEN DOWN THIS ROAD AND LIKE BRIAN SAID COUNTY

[00:50:02]

THEY DIDN'T HAVE THEY WERE THE COUNTY'S ORDINANCE BUT IF THEY TO HAVE BEEN PAYING WE WOULD GO AHEAD AND GIVE THEM A PERMIT AND I DID. AND YOU KNOW WHAT I WISH I HADN'T I WISH WE HADN'T COME UP WITH THAT TO HELP. SO HERE WE ARE AND THEN THE ORDINANCE HAD JUST COME OUT WE WERE LOOKING AT IT WASN'T EVEN WHERE THIS THING FELL AND THEN IT HIT IT'S SOME COMMERCIAL USE . IT'S LODGING.

MRS. WILLIAMS, YOU'RE SAYING THAT IT DOESN'T SAY RESIDENTIAL USE ONLY SO I COULD BUILD A HOTEL NEXT DOOR? WELL, NO, THAT'S WHAT HE'S SAYING.

BUT THERE'S SHORT TERM RENTALS THAT YOU CANNOT BUILD A HOTEL THERE.

SHORT TERM RENTAL IS LISTED WITH LODGING SO A SHORT TERM RENTAL HAS TO BE THE AREA THAT YOU COULD BUILD YOU CAN BUILD A HOTEL IN WALL AND IT'S A SPECIAL USE IF YOU LOOK AT THE USE TABLE RIGHT WHERE SHORT TERM RENTAL IS LISTED LODGING LESS THAN 24 ROOMS ARE LISTED IN THE SAME SAME CATEGORY. SO IF YOU ARE SAYING THAT THESE COMPANIES DOESN'T SAY IT'S RESIDENTIAL, THEN WHAT ARE WE SAYING NOW? SURE.

EXCUSE JUST THE WAY IT WAS AGAIN. NO YOU CAN'T BUILD A HOTEL ON THE LOT BECAUSE THAT IS NOT A RESIDENTIAL LOT AND YOU CAN ONLY BUILD A SINGLE DOUBLE FAMILY HOME AND THAT'S WHAT THE COVENANTS DO SAY THAT OKAY HERE LET ME OH LOTS IS ABOUT THIS REALLY SHOULD BE DESCRIBED AS RESIDENTIAL LOTS COMMON AND NO STRUCTURE SHALL BE ERECTED ALL REPLACED DID IT REMAIN IN ANY RESIDENTIAL BUILDING OTHER THAN A SINGLE OR DOUBLE FAMILY DWELLING. YOU CAN'T PUT A HOTEL THERE. THAT'S A SILLY ARGUMENT I CAN PUT A BED IN HERE YOU COULD PUT UP YOU CAN PUT A RESIDENT YOU CAN PUT A RESIDENTIAL BUILDING THAT IS A SINGLE OR DOUBLE DWELLING AND YOU CAN CARRY ON ANY TRADE OR ACTIVITY AS LONG THERE'S NOT NOXIOUS AND AS LONG AS IT DOESN'T BECOME AN ANNOYANCE OR A NUISANCE FOR THE NEIGHBORHOOD AND SHORT TERM RENTALS FALLS RIGHT UNDER THAT CATEGORY THE THE QUESTION YOU KNOW BRIAN'S WAS STATE LAW AND ALSO THE CDC PROHIBIT THE ISSUANCE OF A PERMIT FOR AN ACTIVITY EVEN APPLICABLE RESTRICTIVE COVENANTS SO. THE QUESTION IS WILL THE SHORT TERM RENTAL VIOLATE THESE COVENANTS? OUR POSITION IS CLEARLY NO.

IT'S A IT'S A SORRY. I THINK THAT THAT WITH THE ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD THAT THAT WOULD BE IMPORTANT TO HEAR FROM THE NEIGHBORS.

THIS IS OF THE PROCESS THAT IS THAT IS AN IMPROPER PROCEDURE IN THIS HEARING.

I KNOW FOR THIS NOT FOR THIS HEARING BUT IF WE CAN AMEND THE DECISION AND HAVE US GO THROUGH THE PROCESS ASSUMING THAT IT'S GOING TO BE OBNOXIOUS OR OFFENSIVE I MEAN IF IT BECAME THAT AND THEY STARTED VIOLATING THE THE COVENANTS THEY WOULD HAVE TO TAKE UP WITH THEIR ASSOCIATION AND THEY WOULD HAVE TO GO WORK IT OUT. WOULDN'T THEY HAVE VIOLATED THAT BY BEING OBNOXIOUS OR OFFENSIVE? YOU KNOW, IN EVERY STATE KNOCK KNOCK OBNOXIOUS OR OFFENSIVE THAN THEY WOULD BE, YOU KNOW, ABLE TO OPERATE.

IT'S KIND OF OKAY. I THINK WE'VE TALKED ABOUT IT ENOUGH IT DOES ANYBODY HAVE A MOTION MAKE TO ALL TOLD YOU ABOUT SENDING IT BACK WITH A TO ALLOW IT TO COME BACK THROUGH THE PROCESS THAT'S WAS MY SUGGESTION WITH THE DIRECTIVE THAT THE COVENANTS DON'T

[00:55:03]

SO IF YOU RENEW IF YOU'VE BEEN PAYING YOUR TAXES AND YOU'RE JUST RENEWING YOUR PERMIT BY PRACTICALLY YOU WOULD USE THE PROCEDURE BECAUSE YOU HAVE SO AND IT WASN'T SMOOTH ESPECIALLY SO EVEN ONES WHO WERE PAYING THEIR ACCOMMODATION TAX FOR REAL PEOPLE THAT YOU PUT FORTH A LIST OF PEOPLE TO SELL IT EVERYBODY ELSE SO WE'RE BUT BY DOING THAT WE THAT WE BELIEVE THAT IT IS ALLOWED WITHIN THE GOVERNMENT'S YES I I WOULD PERSONALLY JUST GO AHEAD ISSUE IT BUT YOU KNOW IF IT WERE THE YOU KNOW, DEALING AT THE WHOLE BOARD THAT THEY'D RATHER THE PROCESS NOT BE WELL I THINK IT'S IMPORTANT FOR THIS PARTICULAR NEIGHBORHOOD BECAUSE WE'VE HEARD I MEAN THIS ROOM HAS BEEN FILLED BEFORE. I JUST WANT TO MAKE IT RUN WITH THE UNDERSTANDING THAT WE ARE SAYING THAT IT DOES NOT VIOLATE THE GOVERNANCE BY DOING THIS.

YEAH, YEAH, RIGHT. DID ANYONE HAVE ANY QUESTIONS WHEN THIS FIRST WAY BACK LAST YEAR YOU GUYS DISAPPROVED IF WE COME UP HERE SWITCH OFF THE RECORD PLEASE.

I MEANT WHEN THEY FIRST PUT IN FOR FOR THE SHORT TERM IT JUST LET ANYBODY AN INCOME JUST LAST YEAR IN THIS VERY NEIGHBORHOOD JUST OFF THE STREET THE MENENDEZ APPLIED FOR SPECIAL

[8. Steve & Pamela King are requesting a Special Use Permit for a Lodging, Short-Term Rental Unit. The property is located at 143 Brickyard Point Road S, Ladys Island. The property is zoned Ladys Island Community Preservation District (LICP).]

THIS IS THE SAME BECAUSE IT'S THE SAME ONES IN 30 YEARS LICENSE MR. MAYOR HAS DIFFERENT HOUSES HAVE THE I JUST WANT TO GET YEAH PLEASE JUST ONE ORDER. YEAH.

ALL RIGHT THEN I MOVE TO THE THE DAY THE APPLICANTS WHO FILE FOR A SPECIAL USE THEY CAN GO THROUGH THAT PROCESS BUT AT THE END OF THE DAY WITH THE DIRECTIVE THAT IN THIS CASE THESE COVENANTS DO NOT PROHIBIT SHORT TERM OR A SECOND SALE YOU THAT MOVE THAT THESE SO YOU'RE OVERTURNING THE DIRECTORS DECISION THE COVENANTS PROHIBIT SHORT TERM RENTAL AND THAT THEY WOULD GO THROUGH THE APPLICATION THE SPECIAL USE PROCEDURE SO BASICALLY LIKE THEY'RE STARTING FRESH YEAH BEGINNING YEAH. LIKE ANYBODY ELSE YES LIKE LIKE ANYBODY WITH THE COMMENTS WOULDN'T BE AN ISSUE AND THEN YOU SECOND YEAH SO ALL IN FAVOR PASSES I YOU THE FIRST OKAY SO OUR NEXT ITEM MR. MRS. CAIN ALSO A SPECIAL YOU SINCE THIS IS YOU MIGHT WANT TO SEE HOW A REGULAR SPECIAL USE PERMIT GOES WE SEE A LOT OF THEM BUT THIS ONE DOES HAVE PUBLIC COMMENTS WHICH IS LIMITED TO 3 MINUTES. SO IF YOU HAVE OF DO YOU WANT TO HAVE ANY COMMENTS MAKE SURE THAT YOU SIGN AND GIVES THE SHEET TO THE COUNTY SO MR. OR MRS. CAIN, IF YOU WANT TO COME FORWARD, TELL US ABOUT YOUR PROJECT FIRST WHAT IS GOING TO

[01:00:07]

[10. Zachary Smoot is requesting a Variance to construct a house within the 50-feet River Buffer. The property is located at 879 Fiddler Ridge Road, Fripp Island. The property is zoned Fripp Island Planned Unit Development (PUD). ]

AND THE NEIGHBORHOOD THEY'RE TALKING ABOUT IS THERE'S BEEN A LOT OF COMPLAINTS FROM THERE THAT NEIGHBORHOOD. WELL, I JUST WANT TO MAKE SURE ARSON, RIGHT? YEAH. NO, THEY'RE GOING TO CALL THE POLICE FIRST.

YEAH, SURE. YEAH. BUT IN THE MEANTIME WE HAVE A WHOLE WE CALL STREET FOLKS, YOU KNOW, GRANDMOTHER DAUGHTER, AUNTS AND ALL THAT SO LITTLE MEANTIME, YOU KNOW, WE KNOW BETWEEN POLICE AND NEIGHBORS WE WOULD FIND OUT ABOUT YEAH WORK IT OUT YEAH PROBABLY IF YOU TALK TO YOUR NEIGHBORS AND GET THEM TO CALL YOU IF THERE'S ANYTHING GOOD. ABSOLUTELY GREAT ABOUT DOING ALL THESE LITTLE FIGHTS AND SHE'S LEARNED OKAY GOOD WE'RE GOOD SO THANK YOU. THANK YOU.

YEAH OKAY. NOW WE HAVE ITEM NUMBER TEN. THIS IS MR. SMOOT WHO IS FRIPP ISLAND ON A LITTLE TEENY TINY LAWN OUT HERE. ANY NAME? HELLO. I'M APPLYING FOR AN APPLICATION FOR A WAIVER.

DO YOU GUYS ALL HAVE THIS SHEET THAT I SENT IN? YEAH.

OKAY. I WAS GOING TO KIND OF ROLL THROUGH IT IF THAT'S OKAY.

DO YOU HAVE WELL THE CASTLE JUST KIND OF GIVE YOU A QUICK OVERVIEW OF WHAT THE CASTLE SIZE IS. THE CASTLE IS ONLY ABOUT 4800 SQUARE FEET AND MAXIMUM WITH OFF OF THE RIVER BUFFERS IS THAT HE'D BE 45 FEET SOMETHING LIKE THAT.

AND SO YOU DON'T HAVE A LOT OF ROOM TO BUILD OUTSIDE OF THE RIVER BUFFER BUT THERE IS A PART THAT WAS PRE BACK IN THE SEVENTIES AND HAS BEEN I GUESS MAINTAINED SINCE THEN AND WE'RE KIND OF SINTERING IT OVER THAT CLEARING TO OPTIMIZE LOSS SO WAS THERE A HOUSE HERE BEFORE NEVER A HOUSE THERE BEFORE. OKAY. BUT IT'S JUST IT'S AN EMPTY PARCEL. IT'S THE LAST PARCEL ON THIS LITTLE I FOR THOSE OF YOU ABOUT THE CRYPT THERE'S LIKE A LITTLE LIKE THREE HOUSES THAT RUN OUT THE RIDGE AND THEY'VE GOT A SINGLE TEN BY TEN LIKE PILLAR IN THE MIDDLE. SO AS FAR AS LIKE ACTUAL LIKE WHAT WE'RE THE DIRT, WE'RE DIGGING AND ALL THAT IT'S GOING TO BE JUST A HUNDRED SQUARE FEET OF REAL KIND OF DISTURBANCE. SO KIND OF RUNNING THROUGH THIS THE CIVIC RIVER I'M GOING TO GO TO NUMBER ONE. IT SAYS THE OCR CRITICAL LINES THAT BAC SIGNIFICANTLY LIMITS HOUSE SIZE AND SO IN A NUTSHELL THERE WHAT IT SAYS IS YOU HAVE TO BE UNDER THE AVERAGE OF THE TEN ADJACENT LOTS AND WE'RE ALMOST HALF OF THE TEN ADJACENT LOSS WE'RE BUILDING A HOUSE OF 820 SQUARE FEET. UM, SO IN QUESTION AREA AND 44

[01:05:03]

NUMBER TWO IS JUST THE REDUCTION OF FRONT YARD SETBACK .

AVOID THE WAVER THE FRONT YARD SETBACK IS WEIRD ON THIS ONE. IT'S ACTUALLY REALLY A SIDE YARD SETBACK BUT THE WAY WE'RE SO OUR SIDE YARD ARE ACTUALLY WHAT WE NEED TO MOVE AND SO WE CAN MOVE IT 30% ACCORDING TO THIS THE SITE HERE AND SET BACK THE BACK CURRENTLY IS TEN FEET SO WE CAN MOVE IT THREE FEET IF WE MOVE IT THAT THREE FEET WE WILL HAVE TO TAKE OUT MAYBE A LITTLE BIT OF VEGETATION OR AT LEAST DO SOME TRIMMING BUT WE MIGHT BE ABLE TO DO THAT.

UM, NUMBER THREE IS AND THIS IS THE ONE THAT I FEEL LIKE IS PROBABLY THE MOST APPLICABLE THE REDUCTION OF THE OCR ON CRITICAL LINES STEP BACK AND IN ORDER TO BE REDUCED BELOW THE 35 FOOT SETBACK THERE'S A SERIES OF THINGS JUST AS THE EXCEPT IN AREAS WHERE HOMES ALREADY EXIST ARE LOCATED CLOSER THAN 35 FEET. THERE'S YOUR CRITICAL LINE STEP BACK. I DID NOT HAVE A CHANCE TO PRINT OUT THE PICTURES BUT THEY ARE ON TOP OF THE CRITICAL AND I ACTUALLY HAVE SOME NEIGHBORS HERE WITH ME FORTUNATELY THAT CAN VOUCH FOR THAT. THEY'RE BASICALLY ON THE CRITICAL LINE.

MOST MOST OF THESE HOUSES EITHER HAVE A DECK OR A ROOFLINE THAT'S WITHIN FIVE FEET, 5 TO 10 FEET OF THE CRITICAL LINE, SEE AND THEN SAYS NO CASE SHELL SETBACK OF LESS THAN 20 FEET BE GRANTED THROUGH ADMINISTRATIVE WAIVER UNLESS THE SETBACK IS PRESERVED . SPECIMEN TREE WE DON'T HAVE A SPECIMEN TREE BUT WE'RE REALLY TRYING REALLY TO PRESERVE A 24 INCH PINE THAT'S RIGHT THERE BY THE DECK.

AND THERE'S ANOTHER COUPLE OF LARGER THINGS THAT AREN'T ON HERE.

THERE'S THERE'S SOME SALT HOMES AND I DON'T KNOW IF THE SMALL FARM OR JUST A SMALLER POND IT'S LIKE 18 INCHES THAT WASN'T MARKED ON HERE. THAT KIND OF WHERE DRIVEWAY AREA PARKING AREA IT'S NOT REALLY A DRIVEWAY WRAPS AROUND THAT'S WHERE THERE'S A THERE'S A POND THAT'S PRETTY BIG IT'S ABOUT SHOULDER WIDTH AND THEN IF YOU KEEP GOING UNLESS OBSERVED SECONDARY STORAGE RESERVES WE DON'T HAVE ANY OF THOSE OR TO PREVENT THE LOT FROM BECOMING UNRELIABLE AND I THINK THAT'S REALLY THE CRUX HERE IS IF WE DON'T GET A SETBACK WAIVER THIS LOT IS BASICALLY UNBELIEVABLE. THERE'S THERE'S REALLY NO WHERE YOU CAN THIS WITHIN THESE CONSTRAINTS THAT WE CAN BE OUTSIDE OF THE 20 FOOT BUFFER AND YET THERE'S REALLY NOT IT'S 30 FEET AND THE HOUSE IS 30 FEET AGAIN EIGHT SQUARE FOOT HOUSE. IT'S VERY SO AND THEN THE LAST ONE IS THE STORMWATER STUFF AND IT'S VERY MINIMAL GOT EACH ONE OF THESE ROOF PANELS CONTRIBUTES ABOUT 100 100 SQUARE FEET. YOU GIVE ABOUT 60 GALLONS OF RUNOFF I THINK I'M ACTUALLY IT'S FROM OUR ENGINEER I THINK THE BEST OPTION HERE IS ACTUALLY DO LIKE A TRENCH AROUND WHERE THINGS FALL OFF AND NOT GUTTER IT I PREFER I WOULD PREFER THINGS TO GO INTO LIKE A ROCK TRENCH AND LET IT ALL FALL STRAIGHT OFF BECAUSE THAT WAY YOU WON'T HARM ANYTHING YOU WON'T CONCENTRATE FLOWS I'M MORE OF A DISSIPATE FIRST KIND OF GUY I DON'T TO COLLECT IT AND THEN DISCHARGE IT BECAUSE IT'S A LOT HARDER TO DEAL WITH EVEN OFF A SMALL ROOF. SO IT APPEARS THOUGH THAT IF MOVE THE THE WHOLE HOUSE TO THE WEST AND RECONFIGURE THAT DECK SO THAT YOU COULD GET OUT OF THE WAY OF THAT POND, GET FURTHER AWAY FROM THE CRITICAL LOSS. SO IF WE MOVE SO IF WE MOVE THINGS I'VE GOT A COUPLE OF OTHER OPTIONS AND PERMISSION TO APPROACH SURE.

OKAY I'VE GOT SOME OTHER OPTIONS HERE THAT'S PEOPLE LIKE THIS ONE AND THOSE ARE WELCOME TO PASS THEM AROUND AND THE PROBLEM WITH ALL THESE ARE THAT AS YOU KIND OF START TWISTING THINGS YOU START GETTING SOME OF THE VEGETATION THAT'S THERE THAT'S NOT REALLY MARKED THERE AND I THINK AS PAGE THREE IT HAS KIND OF A LITTLE CLOUD OF GREEN AND THE WAY IT'S POSITIONED RIGHT NOW IT'S IN THE MIDDLE OF THAT. SO WE'RE TAKING OUT ONE SMALL FARM FOR PARKING. THAT'S IT WHICH I THINK IS AWESOME.

I DON'T KNOW HOW WE MANAGE TO DO THAT BUT I MEAN IF THE THE DECK WAS A WING SHAPED, IF IT WAS RECTILINEAR AND IF YOU PUSHED IT WAY I THINK YOU COULD MAKE IT WORK.

OKAY. CHANGING THE DECK. YEAH.

SO IT'S NOT TRAPEZOID, IT'S A RECTANGLE. UNFORTUNATELY THIS IS A PREBUILT ONE. UM, I COULD. I COULD SEE WHAT I COULD DO ON THE DECK WITH YOU FULL OF PAPER TWICE, BUT YEAH, UM, REAL THE REAL THING HERE THOUGH ME IS IS THE DISTANCE FROM THE FROM THE VERTICAL LINE OF WHERE OUR ACTUAL DISTURBANCES THIS IS NOT WHAT'S GOING TO BE DISTURBING ANYTHING BUT LITTLE TINY BUT THAT'S NOT BUT THAT'S NOT PROVIDING A BUFFER FROM THE CRITICAL LINE AND I MEAN THAT'S NOT PROVIDING YOU KNOW THAT'S WHAT THE CRITICAL LINE IS IS TO PROVIDE A BUFFER MOVING VEGETATION MOVING BACK UP AGAIN

[01:10:06]

[12. Kerry Arnholt is requesting a Special Use Permit for a Lodging, ShortTerm Rental Unit. The property is located at 4 River Oaks Drive, Bluffton. The property is zoned T3-Edge (T3E).]

YEAH. WE PUT PEOPLE IN SWIMMING POOLS BIGGER THAN THIS IS.

OKAY, I KNOW, I THINK IT IS KIND OF WITH THE SHAPE OF ALL THOSE HOUSES.

[01:15:02]

IS THERE A MAGIC POTION? OH YEAH. I MAKE A MOTION WE GO AHEAD AND APPROVE THE VARIANCE OKAY THERE'S THERE'S NOTHING THAT'S SECOND ISLAND FAVOR.

OKAY. HOW WE UH JUST PARK OUR HOUSE FOR A SHORT TERM RENTAL ON RIVER DRIVE AND THERE IS A PUBLIC COMMENT ON THIS ONCE YEAH.

COME TO THE PODIUM PLACE HELLO I'M TERRI AND I'M JUST REQUESTING PERMISSION A SHORT TERM RENTAL OF MY GARAGE APARTMENTS AT MY ADDRESS FOR RIVER OAKS DRIVE.

SO YOU LIVE IN THE HOUSE? IT'S ATTACHED TO THE GARAGE NOT ATTACHED BUT YEAH RIGHT.

OKAY AND DO YOU HAVE ANY COVENANTS? NO MA'AM.

AREN'T YOU GLAD? YEAH, I A QUESTION YOU SAY THE MAXIMUM NUMBER OF GUESTS IS FIVE. YES. HOW MANY BEDROOMS ARE IN THAT APARTMENT? SO THERE'S ONE BUT I HAVE I PUT LIKE A LIKE A TREND PUTTING KNOW A DAY BED WITH A TRUNDLE UNDERNEATH IT AND THEN THERE'S LIKE A LITTLE ROLE THE WAY BED IN T

* This transcript was compiled from uncorrected Closed Captioning.