Oct 26, 2023 Zoning Board of Appeals

[1. CALL TO ORDER]

[00:00:10]

OF APPEAL MEETING IF ANYONE HAVE ANY PUBLIC COMMENTS PLEASE SEE MS. HILLARY TO FILL OUT FORMS IT IS OUR CUSTOM THAT WE BEGIN BY RECITING THE PLEDGE OF ALLEGIANCE.

IF I COULD ASK GUYS TO STAND CHAIR I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC OR WHICH STANDS ONE NATION UNDER GOD AND THE FIRST OF ALL WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU, HILLARY.

[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 – June 22, 2023]

[6. Ronda Stevens is requesting variances for Front Street and Side Street Setbacks. The property is located at 259 Alljoy Road, Bluffton. The property is zoned T3 Hamlet Neighborhood (T3HN). ]

WE ARE HERE TODAY TO REQUEST A VARIANCE ON SETBACKS IN FRONT OF 259 ALL JOY ROAD AND THE PROPERTY WE IN ORDER TO EVEN GET PARCEL THAT WE HAVE NOW WE HAD TO COMBINE THE TWO LOTS THAT WERE OWNED BY THE SAME BACK IN 1990 I THINK YEAH BACK IN 1997 HE HAD HAD A STRUCTURE THAT WAS PREVIOUSLY ON THE PROPERTY THAT WAS REMOVED AND HE HAD A LETTER WRITTEN BY COUNTY STATING THAT THE STRUCTURE COULD BE BUILT WITHIN THE SAME SETBACKS AND THE SAME AREA. NOWHERE ON HERE DID HE KNOW WHEN WE'RE ON HERE DOES IT SAY THAT TWO YEARS AFTER THE LETTER WAS WRITTEN IT EXPIRED SO HE'S GONE ABOUT THIS ENTIRE TIME THINKING THAT IT WAS STILL VALID AND I HAVE A COPY OF THAT LETTER AS WELL.

BUT SINCE THEN BUT SINCE THEN THE ZONING OF THE PARCELS HAVE CHANGED AND OF COURSE THE DESIGN REQUIREMENTS AND REGULATIONS HAVE AND THIS IS ONE OF THE LAST LOTS LEFT IN THAT LITTLE COMMUNITY AND IT WOULD BE THE ONLY LOT THAT WOULD NOT CONFORM TO WHAT'S ALREADY THERE AND BUILD AND WE HAVE SOME PHOTOS OF THE PARTS OF THE STRUCTURES AS WELL THAT ARE FLANKING THE PROPERTY SO YOU CAN SEE HOW THEY DESIGNED AND HOW CLOSE THEY ARE TO THE ROAD. I THINK THERE'S ABOUT A 28 FOOT BUFFER FROM ALL JOY ROAD TO THE ACTUAL PROPERTY LINE ITSELF AND THEN WE'RE REQUESTING THAT WE BE RIGHT ABOUT NINE FEET FROM THE PROPERTY LINE IS WHERE THE STEPS WOULD GO UP TO THE AND THEN WE'RE REQUESTING A SIDE STEP BACK AS WELL. SO I REALIZE AND I APOLOGIZE AND I DO HAVE EXTRA COPIES THAT THAT I HAD MADE TODAY THAT YOU GUYS DON'T HAVE LIKE THE SITE PLAN OR THE DRIVEWAY AS IS DRAWN IN OR THE HVAC SERVICE YARD. AND THEN I ALSO PUT EXTRA NUMBERS ON THERE THAT KIND OF SHOW WHERE YOU KNOW HOW MANY FEET IT IS FROM THE ACTUAL STRUCTURE TO ALL JOY ROAD ITSELF BECAUSE THAT'S MENTIONED ON THE SURVEY THAT WAS DONE IS THERE AN ACTUAL HOUSE THAT'S GOING ON THIS OR IS IT JUST A SQUARE THAT YOU'VE DRAWN? I MEAN IT'S A SQUARE HOUSE. I DO HAVE A I DO HAVE A PICTURE OF THE HOUSE PLAN ITSELF RIGHT HERE SO YOU CAN SEE THAT IT IS 58 BY 30 FEET. OKAY.

IT'S JUST A RECTANGLE WHERE WHAT WAS THE HOUSE THAT WAS ON THEIR PREVIOUS HOW BIG WAS IT.

THE SAME WITH IT WAS THE SAME WIDTH I DON'T KNOW ABOUT THE LENGTH BECAUSE WHEN I RESEARCHED THE COUNTY RECORDS AS 160 SQUARE FEET OKAY. OKAY BUT WE DID TWO LOTS SO BEFORE IT WAS A11 LOT AND WE'VE COMBINED TWO LOTS TO BE ABLE TO MAKE FOUR OKAY WHAT ARE THE WE HAVE IN OUR ORDINANCE WITH JUST FOUR LOTS LIKE THIS THAT YOU COULD A A VARIANCE BY RIGHT IF

[00:05:10]

I MEAN I DO HAVE A PHOTO OF ONE NOW THAT IS WELL ABOVE THE 1700 SQUARE FEET THAT I MEAN YOU COULD JUST LOOK AT IT AND TELL IT'S TWO STORIES. YOU CAN GO ON THE COUNTY WEBSITE AND FIND OUT WHAT THE FOOTAGE OF COULD YEAH AND I APOLOGIZE I DID NOT I DON'T KNOW IF IF YOU HAVE THAT INFORMATION I MEAN DOES THIS HELP OUT THIS ONE PARCEL I DID PRINT OUT THE COUNTY WEBSITE PICTURE OF THE SURROUNDING BUT I GUESS THAT'S ONLY IF IT'S UNDELIVERABLE WOULD BE BUILD OR BUT IT WOULD HAVE TO BE SMALLER.

YEAH IN THAT RULE JUST APPLIES TO RIVER BUFFER. OKAY.

INTO THE RIVER BANK. OKAY. YEAH IN MY ALONG.

EXCUSE ME BUT THIS IS THE HOUSE THAT IS TO THE LEFT OF OF THE PROPERTY NOW AND THIS HOUSE IS ACTUALLY FIVE FEET FROM THE PROPERTY LINE VERSUS THE ALMOST TEN THAT WE ARE PROPOSING AND THAT'S AND THAT'S DEPICTED ON THE SURVEY THAT YOU GUYS DO HAVE FROM T SQUARE.

IT DOESN'T THERE'S I A SCALE ON THE ONE THAT I HAVE SO IT DOESN'T SHOW THE DIMENSIONS FROM NEIGHBORING HOUSE TO THE ROAD ITSELF BUT IT IS SHADED SO YOU CAN SEE IT'S MUCH CLOSER SO YOU CAN RETRIEVE THOSE INFORMATION RIGHT ABSOLUTELY AND YOU GET START GOOD.

NO GOT YOU. YOU GO AHEAD BECAUSE I MIGHT MAKE A WINDOW I WAS WANTING TO SEE YOU KNOW YOU SAID YOU HAD PLANS THAT HAD TO STEPS AND ALL EVERYTHING ELSE.

I MEAN I GUESS IS THE ENTIRE FOOTPRINT OF YOUR HOUSE PLAN INCLUDED IN WOULD YOU KNOW THIS BIG FILLED IN I CAN BRING THAT IN I GUESS MY OTHER QUESTION IS MORE FOR THE COUNTY SEE THE IN THAT SECTION 3.2 THIS IS WHERE IT EXISTS THING ADJACENT BUILDINGS ARE IN FRONT OF THE REGULATED VETO OR FRONT SETBACK THE BUILDING MAY SAID TO ALIGN WITH THE VACATED THE FRONT PROPERTY OF THE ADJOINING SO DOES THAT MEAN THAT THEY COULD SET THAT THE THE FRONT OF THIS PARCEL IS PARTIAL TO 2 TO 11 IS JUST FIVE THEY COULD ACTUALLY SET THE FRONT OF THIS AT FIVE FEET IF THAT'S WHAT IT IS I KNOW YOU WOULD HAVE TO BRING ME SURVEYS SHOWING EXACTLY WHERE THAT HOUSES SEE I'M IS THAT I'M SORRY THE WAY THAT BUT REAL QUICK WHEN YOU'RE LOOKING AT THIS THE WAY IT'S SHOWING FRONT PORCH AND STUBS IT'S SHOWING A LANDING RIGHT THERE AT THE TOP OF THE STAIRS. HERS WON'T HAVE THAT. I'LL JUST GO STRAIGHT TWO STEPS BECAUSE SHE'S ONLY GOING BE ABOUT THREE FEET OFF THE GROUND.

WHAT THE EXISTING TOPOGRAPHY OF THE GROUND I MEAN HER STEPS WILL HAVE TO STICK OUT INTO THE THEY WILL BUT THEY'RE ONLY GOING TO COME OUT A MAXIMUM OF FOUR FEET THE WAY THAT THIS PARTICULAR PHOTOS DEPICTED IT HAS A LANDING AND THEN AT THE STEP STARTS THE HERS WILL JUST GO STRAIGHT FROM PORCH DOWN STEPS AND THEN YOU'LL HAVE STEPS ON THE SIDE OUT OF THAT UTILITY ROOM TO KNOW SHE'S GOING TO WALL THAT OFF RIGHT THERE.

I'M SORRY. YEAH, THAT'LL WALLED OFF. THERE'LL BE NO STAIRS GOING INTO THE UTILITY THE ONLY STAIRS WILL BE IN THE FRONT. IS THERE NO MORE QUESTIONS FOR THE APPLICANT? I'M QUITE SURE WE'RE GOING TO COME BACK TO YOU GUYS BUT LET'S LET'S HEAR FROM THE COUNTY RIGHT QUICK. OKAY.

WELL FOR ME TO MAKE, YOU KNOW, MAKE A DECENT I WANTED TO SEE THE ENTIRE I WANT TO SEE WHAT THE BUILDING LOOKS LIKE WHERE THE SERVICE IS GOING BECAUSE THAT NEEDS TO BE IN THE SETBACK NEEDS BE OUTSIDE OF THE SETBACK I WANT TO SEE THE STEPS ARE IS NOT KNOWING SHE'S GETTING FEET FOR THE FIRST VERTICAL WALL WHAT STEPS BE IN THE STREET AND YOU SAID THERE'S A 25 FOOT BUFFER THERE'S NO BUFFER THAT'S THAT'S THE ROAD THAT'S THE ROAD RIGHT OF WAY SO YOUR PROPERTY LINE IS THE ROAD'S ROAD RIGHT AWAY THE ROADBED MAY BE 25 FEET AWAY BUT THAT JUST LEAVES IT OPEN FOR THE ROAD TO BE WIDENED. THAT'S NOT HER PROPERTY IT

[00:10:05]

APPARENTLY THE OWNER WENT FOR IT BACK THEN IT WAS THE BUILDING BOARD OF ADJUSTMENT AND THEY GAVE THEM A WAIVER TO BE IN THE SAME LOCATION AS EXISTING YOU KNOW THE EXISTING WELL THE HOUSE WAS ONLY 740 SQUARE FEET 750 SQUARE FEET. I DON'T I, I DON'T HAVE A PLAN TO WHERE THE EXISTING HOUSE WAS AND SHE'S THIS IS A MUCH CLASS SO YES SO THAT'S WHY SAID DISAPPROVED UNTIL I CAN SEE THEN MAYBE I COULD YOU KNOW BECAUSE THE LOT IS SMALL IT IS SMALL AND KNOW A DECENT SIZED HOUSE BUT WE NEED TO SEE EVERYTHING DRIVEWAYS HOW SHE'S GOING TO GET THE CAR IN AND ALL THAT BECAUSE I HAVE TO GIVE HER MODULATION ON THE SIDE AND THE REAR SO YOU KNOW THIS I JUST CAN'T GO THAT FAR DOWN FOR THE FRONT SETBACK AND THE SIDE STREET SETBACK BECAUSE. SHE'S ASKING FOR TOO MUCH SO YOU GUYS WOULD HAVE TO DO THE VARIANCE I MEAN I WOULD AGREE NOT HAVING ALL THE INFORMATION IS VERY DIFFICULT TO MAKE A DECISION ON IT AND. I'M JUST ASKING IS FOR A POINT LIKE LET'S SAY IS I THINK IT'S CLEAR ON HERE WE'RE FOR THE FRONT OF THE PARCEL TO 11 STARTS BUT IT SEEMS FROM THIS THIS POINT WE'RE IN A RESISTING BUILDINGS ARE IN FRONT OF THE REGULATED BEETLE OR THE FRONT SET THAT THE BUILDING MAY BE SET TO A MINE I SEE THAT THAT'S FINE BUT THEY HAVE TO SHOW US THAT YOU'RE MODULATING POWER TOO. YOU KNOW, STILL WOULD BE TOO MUCH FOR ME. I CAN'T GO DOWN MORE THAN THREE FEET OR 20% WHATEVER IT IS THE FRONT VACATED THE ADJACENT BUILDING IS OVER THAT THREE FOOT.

I'D RATHER YOU GUYS GIVE THEM A VARIANCE. I MEAN I CAN SEE FIVE FEET YOU KNOW THE HOUSE IS SITTING AT 20 INSTEAD OF 25 OR SOMETHING LIKE THAT BUT FIVE FEET IF THEY WANT TO WIDEN THE ROAD I I'D RATHER YOU GUYS GIVE THEM A VARIANCE AND THEN THERE'S ADDITIONAL I MEAN THEY CAN MOVE BACK ON THE PROPERTY BECAUSE THERE'S A TEN FOOT WELL THE REAR OF THE PROPERTY 15 FEET. THAT'S WHY I SAID I WOULD HAVE TO GIVE HER A WAIVER.

I MEAN, YOU KNOW, I RELATION FOR THAT ONE TO THE REAR. YES BECAUSE ON THE DRAW DRAWING IT SAYS A TEN FOOT SHE'S AT TEN SO SHE'S GOING TO GET A MODULATION FOR THE REAR SHE'S SUPPOSED TO BE 15 FEET SO THE SURVEYS TELL HER IT'S WRONG BECAUSE THE SURVEY SAYS TEN FEET HERE. YEAH, BUT IT'S SUPPOSED TO BE 15.

SO THE SURVEY'S WRONG OKAY SO SHE WOULD NEED A ONE FOOT FOR THE REAR SO SHE IF SHE BROUGHT IT BACK RIGHT NOW SHE'S AT 14 SO YEAH I HAVE TO MODULATE HER 15 BUT I WOULD RATHER COME BACK TRY THAN BE UP ON THE STREET. YEAH YOU KNOW SO IF YOU KNOW WE COULD WORK THAT OUT 70 FEET WHICH YOU HAVE TO MOVE BUT AS MUCH AS SHE COULD I MEAN NO BUT I MEAN FOR THE FOR HER PLANNED FIT IF YOU BROUGHT IT BACK TO THE TEN SHE WOULD BE AT FOUR TO THE NINE 1112 FEET YOU KNOW THAT DO THESE PROPERTIES REQUIRE OFF STREET PARKING. YES.

SO WE NEED TO SEE THAT TOO BECAUSE WE NEED TO SEE HOW SHE'S GOING TO GET IN THERE AND WHERE SHE'S GOING TO PARK THE BACK. YEAH.

SO WHY DON'T WE JUST SEE IF THE APPLICANT CAN GET WITH YOU GUYS AND MAYBE WE CAN CONTINUE THIS I LET ME LET LET'S JUST SEE WHAT THEY TO GET THEIR WAY THEY GET ALL TOGETHER ALL NECESSARY THAT WE CAN MAKE A GOOD RECOMMENDATION YOU KNOW THIS HOUSE IS SMALLER THAN THIS HOUSE YEAH THIS IS A TINY HOUSE AND THEY HAVE A LOT ON BUT THEY HAVE NO THANK YOU MISS HILARY MISS JAMIE MISS RHONDA I DON'T KNOW ONE OF YOU GUYS WANT TO COME UP OBVIOUSLY YOU KNOW WHERE WE GOING AT WITH THIS BUT OBVIOUSLY THIS NUMBER OF INFORMATION THAT YOU KNOW WE WOULD NEED TO MAKE A DECISION IF WE COULD THE FURTHEST TO OUR NECKS IT PROBABLY WON'T BE

[00:15:09]

I JUST DON'T WANT TO. IS THAT ENOUGH TIME. GET WHAT YOU NEED.

ADVERTISE IT AS IS THAT ENOUGH TIME TO GET YEAH I MEAN THAT YOU WOULD NEED ABSOLUTELY AND I DON'T KNOW YEAH I MEAN I CAN TELL YOU I'LL JUST SHOW YOU GUYS THIS WILL BE MUCH FURTHER BACK THAN THIS HOUSE THAT'S ON THE CORNER OF TRAVEL THIS IS TRAVEL ROAD THEIR STAIRS ARE LESS THAN TWO FEET FROM FROM THE STREET AND WE ARE BACK MUCH FURTHER THAN THAT.

BUT I MEAN HILARY WANT ME TO GO BACK FURTHER ON THE BACK OF THE LOT? WELL, YOU KNOW WHERE WE'RE ABOUT HOUSES THAT WERE BUILT A LONG TIME AGO.

YEAH, BUT MINE'S ONLY NON BUILT LOT AND IT'S THE ONLY ONE PROPERTY SO YOU KNOW I GET IT THAT IF WANT TO LINE IT UP WITH THE ONE THAT'S NEXT DOOR. MM.

THAT'S YOU KNOW WE CAN WORK THAT OUT BUT WE NEED TO SEE OTHER THINGS AND I DID AND AND I APOLOGIZE I DO HAVE IT NOT FORMALLY BY A SURVEYOR BUT WE DID DRAW THE DRIVEWAY ON THERE IN THE SERVICE YARD AGAIN NOT ON PLANS THAT YOU GUYS HAVE BECAUSE I WAS GIVEN AND IT'S NO FAULT OF THE COUNTY AT ALL I WAS JUST GIVEN THE EMAIL TODAY BUT NOTE THROUGH NO FAULT IT WAS SENT OUT TEN DAYS AGO SO IT WAS SENT OUT ON TIME BUT THROUGH NO FAULT OF OURS DON'T HAVE A PROBLEM WITH CONTINUING THIS. NO, NO NO WE'RE GOING TO TRY TO GET YOU GUYS ON OUR NOVEMBER OKAY. FOR WHATEVER REASONS IF SOMETHING HAPPENED THEN IT'LL BE ON THE JANUARY MEETING WE DON'T NEED IN DC.

NO, NO NO I KNOW, I KNOW RHONDA'S IN THE PROCESS OF BUYING THE LOT SO SHE'S GETTING EXTENSIONS AND THE SELLERS GETTING AND SHE IS SHE'S PAID FOR ALL THE SURVEYS I MEAN IT'S IT'S HER FINANCIAL HARDSHIP THAT SHE HAS SO JUST WAS TRYING TO MAKE HIM HAPPY AND GET IT CLOSED SOON AS POSSIBLE BEFORE THAT HIS HIS HEALTH IS DECLINING AND HE REALLY WANTS US TO WRAP UP THE OTHER THAT YOU NEED TO SHOW TO IS THIS BAY WINDOW STEPS OUT A LITTLE BIT TOO. SO IF WE COULD SEE THAT ON THE SITE PLAN TO IT WON'T GO BACK.

YEAH ABSOLUTELY I'LL HAVE THE SURVEYOR DRAW ON THE STEPS BUT IT WON'T BE ANY FURTHER PROTRUDING FORWARD THEN THE STAIRS WILL SO I'LL HAVE THAT ON THERE.

YEAH AND DO YOU IS THAT THE RECOMMENDATION THAT WE SHOW MAYBE DIFFERENT VARIATIONS PUSHING IT BACK FOUR FEET ON THE LOT AND THEN LEAVING IT WHERE IT IS ON THE LOT FOR CONSIDERATION AND ON SITE AND WHERE YOUR DRIVEWAY, YOUR CAR IS THE DRIVEWAY IS IN THE YEAH.

OKAY. AND IF YOU'RE NOT IT HIGH WHERE YOU CAN PARK UNDER THE HOUSE YOU GOT TO HAVE SOME SPACE BETWEEN THE RIGHT OF WAY AND THE OTHER HOUSE TO PARK.

OKAY. YOU MAY HAVE TO PULL IT BACK IN THIS PARTICULAR ZONING IS THERE A SET BACK REGULATION FOR DRIVEWAYS ON THE SIDE? IT CAN GO UP TO THE PROPERTY LINES. YOUR SEPTIC WAS ON THE SIDE. IT'S ON ONE SIDE NOT THE OTHER ON THE RIGHT SIDE ROADSIDE SO HOW ARE YOU GOING TO DRIVE UP TO THAT SIDE THE NEXT TO IT HAS THE DRIVEWAY IN THE FRONT AND THEN ON THE SIDE THEY JUST ENTER FROM THE FROM THE FROM THE ROAD. I PICTURE THAT IS THAT DOABLE ARE MEETING YOUR STAFF FOR BRINGING FULL RIDE TO THESE ISSUES. YEAH THE SUBJECT THE SEPTIC IS ON THE RIGHT SIDE IS ON THE CORNER OF TROUT AND ALL JOY PATROL HERE OR HERE AND YOU DON'T WANT TO BE TOO CLOSE TO THIS RIGHT RIGHT THERE SO YOUR YOUR DRIVEWAY NEEDS TO BE IN THE MIDDLE OR BACK HERE OF THE BACK HALF OF GROUND. OKAY.

CAN DO THAT LIKE DO LIKE A LITTLE L-SHAPE THAT WORKS. THAT'S DOABLE.

YEAH, BUT YOUR HOUSE YOU'RE YOU'RE ONLY SEE YOU'RE GOING IN A RIVER HERE IS YOU'RE GOING TO WANT TO THINK ABOUT STEPPING WE'LL DO IT WITH THAT OKAY BUT IT'S PROBABLY GOOD TO GET WITH THE COUNTY IN. LET'S SEE WHAT WHAT YOU GUYS CAN COME UP WITH THEM AND THEN YOU MAY NOT NEED AS MUCH AS YOU'RE ASKING FOR I MEAN COULD YOU JUST TURN THE STAIRS, JUST

[00:20:01]

IF YOU FLIPPED THE PLAN YEAH WE CAN GO. WHAT I'M SAYING IS MAKE THE PORCH SMALLER AND HAVE THE STAIRS DOWN BESIDE THE SIDE. YEAH, I CAN ASK THAT BECAUSE THAT WAY YOU WOULDN'T THEY WOULDN'T BE ABLE TO PROTRUDE OR LIKE YOU SAID LIVING IN THE STAIRS ON THE SIDE TO THEN BECAUSE THAT FOUR INCHES WERE NOT REALLY THAT BIG ENOUGH TO DO MUCH ON ANYWAY WELL WELL A CHAIR OUT THERE SO WE'LL COME BACK WITH A COUPLE OF DIFFERENT VARIATIONS TO SEE WHICH ONE WORKS BEST WITH THEM. SO YOU ASKING US TO CONTINUE THIS UNTIL OUR NEXT MEETING? YES, SIR. DO YOU NEED A MOTION? I DON'T THINK WE DO. WE? I DON'T THINK WE DO KNOW SHE'S ASKING YES, SHE'S REQUESTING THIS. OKAY.

ALL RIGHT. WE WILL DEFINITELY HOPEFULLY YOU CAN GET IN ON A NEXT SMALL MEETING OR FIX. THANK YOU GUYS. THANK YOU.

SO AGAIN IS THERE ANY PROBLEM COMING? NO PUBLIC COMMENT.

[8. Douglas Nelson is appealing the decision of the Zoning & Development Administrator to not permit a Camper/RV for a Short-Term Rental Unit. The property is located at 8 Billie Burn Road, Daufuskie Island. The property is zoned D2-Rural (D2R).]

[11. NEW BUSINESS – Adoption of 2024 Meeting Schedule]