* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [1. CALL TO ORDER]
          [00:00:04]
          WELCOME TO OUR ZONING BOARD OF APPEAL MEETING. 
          IT IS OUR CUSTOM THAT WE BEGIN BY RECITING THE PLEDGE OF ALLEGIANCE. 
          BUT I CAN ASK YOU GUYS TO STAND, FACE THE FLAG, OUR PLEDGE OF ALLEGIANCE TO OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS FOR NATION UNDER GOD, AN INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. 
          THANK YOU. 
          [3. FOIA – PUBLIC NOTIFICATION OF THIS MEETING HAS BEEN PUBLISHED, POSTED, AND DISTRIBUTED IN COMPLIANCE WITH THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT]
PUBLIC NOTIFICATION. 
          ARE WE GOOD? YES. 
          [4. ADOPTION OF AGENDA]
ADOPTION OF THE AGENDA. 
          UH, CAN I GET SOMEONE TO MAKE AN ADOPTION OF THE AGENDA WITH NOTE THAT ITEM NUMBER 12, UM, GUESS THE COUNTY WAS ABLE TO COME TO A DECISION WITH THAT. 
          SO IT'S NUMBER 10, IS IT? YES, IT IS NUMBER 10. 
          NUMBER 10. 
          YEAH. 
          I MOVE THAT WE ACCEPT THE AGENDA WITH THE ELIMINATION OF ITEM 10. 
          I'D SECOND THAT IT'S PROPERLY MADE A SECOND. 
          ALL IN FAVOR OF ADOPT THE AGENDA. 
          ALRIGHT, THAT'S BEEN PASSED. 
          UM, APPROVAL OF 
          [5. APPROVAL OF MINUTES - August 22, 2024]
THE MINUTES. 
          AUGUST 22ND. 
          EVERYONE HAD THE OPPORTUNITY TO LOOK AT IT, TO REVIEW IT. 
          ANY QUESTIONS? THERE'S NO QUESTION. 
          I THINK WE HAVE ENOUGH THERE TO ADOPT THOSE MINUTES. 
          UH, CAN I GET SOMEONE TO PUT THE MOTION ON THE FLOOR TO ADOPT THOSE, APPROVE THOSE MINUTES? I, I'D MOVE TO APPROVE THE MINUTES OF AUGUST 22ND AS WRITTEN. 
          IT'S PROPERLY MADE SECOND. 
          PROPERLY MADE IN SECOND. 
          ALL IN FAVOR OF APPROVING THE MINUTES. 
          AUGUST 22ND. 
          UH, IT'S BEEN APPROVED. 
          UM, IS ANYONE IN HERE FOR A PUBLIC COMMENT? IF YOU ARE, THERE'S SOME PUBLIC COMMENT FORMS OVER THERE ON THE TABLE. 
          UM, IF YOU GUYS COULD FILL IT OUT IN WHICH ITEM THAT YOU WOULD LIKE TO PUBLIC COMMENT ON, UM, PUBLIC COMMENT IS UP TO THREE MINUTES IF YOU WOULD LIKE TO SPEAK IN PUBLIC COMMENT. 
          UM, WITH THAT BEING SAID, 
          [6. Walter & Carol Gunter are requesting a Variance from Table 5.11.60. A. and Division 5.11.60.A.3. River Buffer to Construct a fence in the River Buffer. The property is located at 65 Dulamo Road, St. Helena Island. The property is zoned T2-Rural (T2R).(Continued from last month's meeting)]
WE'RE GONNA MOVE ON TO ITEM NUMBER SIX. 
          WALK IN, CAROL, COME BACK AND LET US KNOW WHILE YOU'RE HERE. 
          AFTERNOON EVERYONE. 
          UH, MY NAME IS, UH, DYLAN SHAW. 
          I'M THE OPERATIONS MANAGER FOR SUPERIOR FENCE AND RAIL. 
          UM, I'M HERE ON BEHALF OF THE GUNTER, UH, FOR A, UH, APPEAL FOR VARIANCE ON A FENCE THAT IS GOING DOWN THE, UH, SIDELINES OF THE PROPERTY. 
          UH, FIRST OFF, MR. NIELSEN, I WOULD LIKE TO, UH, THANK YOU PERSONALLY FOR BEING HERE. 
          UH, WISH YOU NOTHING BUT COMFORT AND, AND PATIENCE AND WELL, THANK WANT, THANK YOU MUCH APPRECIATE THAT. 
          THANK YOU. 
          THANK YOU. 
          UM, I DO HAVE A, UM, A, UH, WRITTEN STATEMENT FROM, UH, THE HOMEOWNER, MS. CAROL GUNTER. 
          UM, IT IS A BIT LENGTHY. 
          UH, IT DID PROVIDE, UH, COPIES. 
          UM, IF EVERYBODY HAD HAD THE OPPORTUNITY, I WILL JUST, UM, GO THROUGH AND KIND OF SPARK NOTE IT PER SE A LITTLE BIT, AS WELL AS KIND OF GIVE MY OWN PERSONAL INSIGHT FROM IT OPERATIONALLY. 
          UM, MY, UH, CLIENTS HERE OWN A PROPERTY, UH, IN A RURAL T TWO ZONE, UH, OFF OF THE CREEK. 
          UH, THEY'RE VERY, UM, INTUITIVE AND VERY, UM, FIRM IN THEIR BELIEFS IN PROTECTING NATURAL WILDLIFE, UH, AS WELL AS THE, UH, BEAUTY OF THEIR COMMUNITY AND THEIR PROPERTY. 
          UH, THEY HAVE MADE GREAT STRIDES IN MAKING SURE TO KEEP THE VEGETATION OF THAT, UH, RIVER BLUFF, UH, TO BE NATURAL AND NATIVE. 
          UM, AND THEY KEEP A WELL GROOMED LAWN, UH, A VERY BEAUTIFUL HOME ACROSS A VERY BEAUTIFUL, UH, CREEK. 
          UH, AND THE GOAL OF THE FENCE THAT WE ARE GOING TO BE INSTALLING IS JUST TO PROVIDE SECURITY PROTECTION AS WELL AS TO KEEP OUT ANY WOULD BE TRESPASSERS OR POTENTIAL DANGERS, UH, THAT MAY PRESENT THEMSELVES, INCLUDING, UH, ROTTWEILER DOGS THAT, UH, LIVE NEXT DOOR, UH, BEHIND A FOUR FOOT FENCE, UH, THAT IS QUITE LARGE ENOUGH TO, TO BE ABLE TO TAKE A STEP OVER. 
          UM, THE, THE RIES AREN'T LOOKING TO, YOU KNOW, UH, HARM ANY OF THE VEGETATION. 
          UH, THE NATURE OF OUR, UM, UH, PRODUCT IS VERY MINIMALLY INVASIVE. 
          IT'S ONLY ABOUT AN EIGHT AND A HALF INCH, UH, IN DIAMETER HOLE. 
          UM, THERE WOULD BE TWO POSTS WITHIN THE ORCM LINE CRITICAL LINE SETBACK. 
          UM, AND THOSE WOULD BE ABOUT FOUR FEET DEEP. 
          IT'S MUCH LESS CONSPICUOUS THAN ANY TYPE OF DOCK OR, UH, WATER BUFFER, UH, FEATURE, UH, USED AS A BULKHEAD. 
          UH, WE QUITE LITERALLY ONLY NEED ABOUT 15 FEET INTO THAT 50 FOOT ORCM BUFFER LINE SETBACK. 
          UM, THE GROOMED LAWN THAT 
          [00:05:01]
EXTENDS THROUGH THE BACKYARD TO THAT VEGETATED AND NATIVE RIVER BUFFER EXTENDS ABOUT ANOTHER 30 FEET PAST WHERE WE WOULD BE STOPPING OUR FENCE. 
          SO OUR GOAL IS NOT TO DISTURB ANY OF THE NATURAL VEGETATION THERE, BUT QUITE LITERALLY JUST CORDON OFF AS MUCH OF THEIR PROPERTY AS WE POSSIBLY CAN DUE TO, UM, PAST IN INCURSIONS FROM, UM, CONSTRUCTION WORKERS AS WELL AS, UH, DOGS, AS WELL AS, UH, PESTS. 
          UM, THE, I WAS ABLE TO FIND, UH, IN THE PAST A VARIANCE FOR A 30 FOOT SETBACK FROM THAT OCM LINE, WHICH WOULD PUT US ABOUT 15 FEET STILL UP FROM THAT GROOMED LAWN. 
          AND THAT'S ALL THAT WE'RE ASKING FOR. 
          DID YOU SAY YOU WILL BE INSTALLING TWO POLES WITHIN THE 50 FOOT? IS IS THAT YES, SIR. 
          IT'S A, A, A CHAIN LINK FENCE. 
          UH, SO THERE WOULD ONLY BE TWO HOLES ON EACH SIDE DUG INTO THAT BUFFER. 
          THE, UH, CENTERS OF THE, UH, EACH PANEL IS 10 FEET. 
          I KNOW I DIDN'T BRING SOMETHING SO GRANDIOSE LIKE A WATERPARK OR ANYTHING LIKE THAT. 
          . 
          UH, WELL, UM, IS, DO ANYONE ELSE HAVE ANY QUESTIONS? UH, I DO HAVE ONE. 
          YES, SIR. 
          UM, I'M READING THE NOTES, UH, ABOUT KEEP, THEY WANT THE PENCIL TO KEEP THE DEER OUT. 
          SO THAT WAS ONE OF THE ORIGINAL ISSUES. 
          UH, THEY DO MAKE GREAT STRIDES, UH, INVEST A LOT OF SWEAT AND, AND, UH, MONEY INTO KEEPING UP THE BEAUTIFICATION OF THEIR LAWN. 
          UH, AND THEY HAVE HAD PLENTY OF ISSUES WITH, UH, DEER COMING FROM MOSTLY THE FRONT OF THE PROPERTY. 
          NOTHING ALONG THAT, UM, BUFFER IN THE BACK. 
          UH, THE EASEMENT, OR EXCUSE ME, THE, UH, THE BULK OF THE VEGETATION ON THE BACK IS UNDER A PRETTY STEEP HILL WHERE IT'S NOT A TYPICAL PATHWAY FOR ANY DEER LIKE THAT, WHICH IS WHY WE'RE NOT FULLY LOOKING TO EXTEND ALL THE WAY INTO THAT 50 FOOT STEP BACK. 
          BUT YOU COULD STILL ACHIEVE YOUR GOAL WITHOUT DOING WHAT YOU'RE TRYING TO DO WITH A VARIANCE. 
          CORRECT. 
          KEEP THE PROPERTY FENCED IN. 
          SO YES AND NO. 
          UM, THE SHALLOWNESS IS THE MAIN ISSUE OF HOW FAR THE SETBACK LINE GOES INTO THE MIDDLE OF THE BACKYARD. 
          SO WE NEED TO BE ABLE TO EXTEND AT LEAST TO WHERE THE EXISTING, UH, FENCE LINE ENDS OF THE NEIGHBORS. 
          UM, SO WE'RE NOT TRYING TO GO OUTSIDE OF WHAT'S ALREADY BEEN DONE, UM, UM, BEFOREHAND. 
          UH, BUT WE DO NEED TO BE ABLE TO SECURE THE PROPERTY FROM ESSENTIALLY WHERE THEIR FENCE ENDS SO THAT THE DOG AND, UH, OTHER PESTS ARE ESSENTIALLY KNOW WHERE THE BOUNDARY LINES ARE AND DON'T CROSS OVER INTO THEIR PROPERTY ANYMORE. 
          YEAH. 
          BUT IF YOU HAD A FENCE ACROSS THE BACK, IT'S STILL GONNA KEEP THE DOGS OUT AND KEEP THEIR DOGS IN. 
          CORRECT. 
          SO THE, THE ISSUE WITH THAT IS PUTTING UP A, A FENCE ALONG YOU, YOU BUY A HOUSE ON A, ON A CREEK TO ENJOY A BEAUTIFUL VIEW, AS WELL AS NOT DISTURB, YOU KNOW, ANY OF THAT VIEW AS WELL AS ANY OF THE NATIVE HABITAT. 
          YOU WOULD BE DOING MORE DESTRUCTION AND MORE OF A, UM, YOU, YOU'D BE CREATING MORE PROBLEMS BY RUNNING A FENCE ACROSS THE BACK THAN YOU WOULD JUST BRINGING IT UP ANOTHER 15 FEET ON THE SIDELINES. 
          IT SOLVES THE GOAL OF WHAT THEY'RE TRYING TO ACHIEVE, UH, WITHOUT ESSENTIALLY CREATING A COMPOUND. 
          SO IT'S BASICALLY WORKING AS A WALL, NOT FENCING THE WHOLE YARD. 
          YES, MA'AM. 
          YEAH. 
          ANY MORE QUESTIONS? NO, I'M GOOD. 
          UH, YOU'D LIKE TO HEAR FROM, THANK YOU, SIR. 
          YES, SIR. 
          YOU'D LIKE TO HEAR FROM THE COUNTY. 
          UM, SO FAR I HAVEN'T HEARD WHERE THERE'S A HARDSHIP FOR THIS VARIANCE. 
          MM-HMM, , UM, THE RIVER BUFFER IS THE RIVER BUFFER, AND IT DOESN'T ALLOW FOR THESE TYPE OF THINGS. 
          UM, HE'S SAYING HE WANTS, I'M NOT UNDERSTANDING IF THE NEIGHBOR HAS A FENCE IN THE RIVER BUFFER. 
          YES, MA'AM. 
          WELL, THAT NEEDS TO GO. 
          WE NEVER GAVE A PERMIT FOR THAT. 
          SO THAT'S ILLEGAL. 
          SO WE CAN HAVE CODE ENFORCEMENT GO OUT THERE AND TELL HIM TO TAKE IT DOWN. 
          UM, I, I'VE GONE THROUGH ALL OF THIS AND I DON'T SEE WHERE A HARDSHIP, THERE'S A HARDSHIP FOR THIS FENCE. 
          UM, HE SAYS THE DEER COME IN FROM THE ROAD. 
          I DON'T, I DON'T SEE HOW HE'S GONNA KEEP THE, THE DEERS OUT, THE DEER OUT, UM, DON'T SEE A HARDSHIP. 
          SO I, I RECOMMEND DISAPPROVAL. 
          I JUST CAN'T MAKE IT MEET THE EXTRAORDINARY AND EXCEPTIONAL CONDITIONS. 
          UM, EXTRAORDINARY, 
          [00:10:01]
UH, EXCEPTIONAL CONDITION THAT ARE NOT THE RESULT OF THE LANDOWNER. 
          I MEAN, THIS FENCE IS A RESULT OF THE LANDOWNER WANTING A, UM, VARIANCE WOULD CONFER ANY SPECIAL PRIVILEGE ON THE LANDOWNER. 
          IT WOULD, BECAUSE IF THE NEIGHBOR HAS A FENCE, NOW THAT I KNOW THAT I'M GONNA SEND CODES ENFORCEMENT OUT THERE, BECAUSE WE NEVER APPROVED A FENCE IN THE RIVER BUFFER. 
          SO THAT WOULD BE A VIOLATION. 
          UM, WOULD THIS VARIANCE, UM, IS IT THE MINIMUM NECESSARY TO ALLOW REASONABLE USE OF THE LAND? YOU DON'T NEED A FENCE IN THE RIVER BUFFER TO USE YOUR PROPERTY, AND HE KEEPS SAYING THAT THERE'S A LAWN THERE. 
          THAT'S ALSO SOMETHING ELSE THAT'S NOT REALLY ALLOWED. 
          BUT, UH, I DON'T WANNA GO THERE. 
          IT WOULD, IT ADVERSELY AFFECT THE HEALTH. 
          I THINK IT WOULD ADVERSELY AFFECT THE NATURAL HABITAT OF FLORA AND FAUNA TO MOVE FREELY. 
          THAT'S WHAT THE CODE SAYS THE BUFFER IS SUPPOSED TO BE, YOU KNOW, A FLOW FOR EVERYONE, FOR ALL THE FLORA AND FAUNA TO FREELY MOVE ALONG THE RIVER BED. 
          SO I DON'T SEE A VE, I DON'T SEE A HARDSHIP, AND I HAVEN'T HEARD A HARDSHIP, AND I JUST STAFF RECOMMENDS THIS APPROVAL. 
          THANK YOU, MS. HILLARY. 
          UH, ANY QUESTIONS FOR THE STAFF? NO QUESTIONS. 
          THANK YOU. 
          MR. MAYOR, MAY I SPEAK? I'M THE HOMEOWNER. 
          YOU ARE THE HOMEOWNER. 
          YES. 
          YES. 
          AND PLEASE STATE YOUR NAME, LADIES AND GENTLEMEN. 
          I'M WALTER GUNNER. 
          UH, I DON'T DISAGREE WITH MUCH OF WHAT, UH, YOUR COLLEAGUE PRESENTED. 
          I WOULD LIKE TO POINT OUT TWO ISSUES. 
          UH, THE, MY NEXT DOOR NEIGHBOR, WHO ARE LOVELY PEOPLE, LOVE THEM, 'EM DEARLY HAVE A ROT WILDER. 
          AND IF WE GET ANYWHERE NEAR THAT PROPERTY LINE, THAT DOG GOES CRAZY. 
          AND HE COMES OVER AND, I MEAN, HE JUST IS INTO THAT FENCE, AND HE WILL JUMP VERTICALLY. 
          AND HIS CHEST IS ABOVE THAT FOUR FOOT FENCE. 
          IT'S ONLY A MATTER OF TIME UNTIL HE COMES ACROSS. 
          SO, UH, YOU KNOW, IF HE'S OUT THERE, WE CANNOT ACCESS OUR FRUIT TREES, PICK FRUIT AND WHATNOT. 
          SO THAT WOULD, THAT'S THE, MY MAIN CONCERN IS THE POTENTIAL DANGER. 
          UH, AND, UH, AS FAR AS THE, UH, WILDLIFE TRANSITING, UH, I MEAN, THEY COME UP AND DOWN THE RIVER'S EDGE AND THE BANK, I MEAN, I WATCH BIRDS, RACCOONS, UH, I HAVEN'T SEEN DEER DOWN THERE, BUT, UH, THE WILDLIFE HAS EASY ACCESS IN THAT 30 FOOT AREA. 
          IS THAT THE PROPERTY, UH, WITH THE ROCK CRAWLER THAT YOU ARE, UH, TALKING ABOUT? IS THAT THE PROPERTY WITH THE FENCE AROUND IT? YES, SIR. 
          OKAY. 
          I THINK THAT, UH, FENCE PROBABLY GOES BACK, UH, CLOSE TO 40 YEARS. 
          SO, SO IT'S, IT IS BEEN THERE, IT'S BEEN THERE A LONG TIME. 
          OKAY. 
          YEAH. 
          THANK YOU. 
          THANK YOU, SIR. 
          WELL, LADIES AND GENTLEMEN, WE HAVE HEARD FROM THE COUNTY AS WELL AS THE APPLICANT. 
          UM, I'M QUITE SURE WE GOT RULES TO GO BY, AND I'M JUST STRUGGLING WITH THE HARDSHIP HERE. 
          UM, IF SOMEONE WOULD LIKE TO PLACE A MOTION TO ACCEPT OR NOT TO ACCEPT, OR WE CAN HAVE DISCUSSION ON THIS. 
          I MAY MAKE ONE MORE, SIR. 
          THIS WILL BE A LAST YES, SIR. 
          GO AHEAD. 
          OH, YOU OKAY. 
          IT WAS THE HOMEOWNER. 
          UM, THE, THE ONE DISCREPANCY THAT ENDS UP, UM, PROVING ITSELF, UM, AFTER THE FACT IS IF THEY EVER DID NEED THE ABILITY TO, UM, SECURE THEIR LAWN, THE SETBACK BRINGS UP THE HARDSHIP WOULD BE THE ACTUAL SHALLOWNESS OF THE LAWN. 
          THERE WOULD BE NO WAY TO INSTALL A FENCE BEHIND THEIR PROPERTY. 
          IT'S ONLY ABOUT 20 TO 30 FEET BEHIND THEIR HOME. 
          SO THEY WOULD LOSE 85% OF THEIR, OF THEIR BACK LAWN, UM, IF THEY WERE TO TRY AND ACTUALLY FULLY ENCLOSE AND BE ABLE TO UTILIZE THE BACK OF THEIR HOUSE, UM, FROM THE DANGERS OF THE NEIGHBOR. 
          ALSO, THE, UH, NATIVE BIRD POPULATION IS WHAT THE, UH, CRITICAL LINE BUFFER, UH, IS IN PLACE FOR. 
          UH, AND OUR FENCE WOULD NOT BE, UH, AFFECTING THE ABILITY FOR THOSE BIRDS 
          [00:15:01]
TO BE ABLE TO USE IT AS A NESTING GROUND AS WELL. 
          SO THE ONLY PROBLEM THAT I HAVE, NOT THE ONLY PROBLEM, BUT THE, IT SEEMS TO BE A TEMPORARY PROBLEM WITH THIS DOG. 
          YEAH. 
          UM, SO NO WAY YOU CAN MAKE THEM HAVE A HIGHER FENCE AND WITHIN SO THAT THE DOG CAN'T GET IN. 
          I, I WOULD AGREE THAT THIS SEEMS TO BE AN ISSUE WITH THE NEIGHBOR'S DOG, AND NOT NECESSARILY SOMETHING THAT WE SHOULD ALLOW FURTHER VARIANCES TO THE CODE OR, UH, SOMETHING THAT'S CONTRARY TO THE CODE TO, TO FIX WHEN IT SHOULD BE AN ISSUE THAT RESOLVED BETWEEN OVER THE NEIGHBOR'S DOG. 
          WELL, MY CONCERN IS IF WE APPROVE THIS, THEN THE NEIGHBOR THAT HAS THE FENCE ALREADY IN THE BUFFER, YOU'RE NOT GONNA BE ABLE TO TELL HIM TO TAKE IT OUT. 
          WHEN IS THE, WHEN WAS THE RULE SET? I MEAN, IF IT, IF THE FENCE HAS BEEN THERE FOR 40 YEARS, DOES IT HAVE A GRANDFATHER THING TO IT? NO, THE RIVER BUFFER CAME INTO PLAY, UM, 1996. 
          I DON'T KNOW WHEN THAT FENCE WAS BUILT. 
          AND LIKE I SAID, IT'S IN THE RIVER BUFFER. 
          I HAVE CODES AND ENFORCEMENT GO OUT THERE TOMORROW. 
          WELL, AND HIS DRAWING ACTUALLY SHOWS THE FENCE GOING ALL THE WAY DOWN TO THE CRITICAL MINE. 
          SO THAT WAS FROM THE, UH, INITIAL. 
          SO WHEN WE, WELL, I'M GOING BY WHAT HERE? SO WE WERE TOLD, DEMONSTRATE THAT AS SOON AS WE APPLIED FOR THE A, UM, THAT WOULD, WOULD NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES GOING INTO IT THERE. 
          SO WE WERE NOT ABLE TO EVEN, UM, WHILE HAVING ANY MODIFICATIONS MADE, IT NEVER CHANGED YOUR, WHAT YOU SUBMITTED TO THE, TO THE COURT. 
          NOTHING WAS ALLOWED TO BE SUBMITTED. 
          SO, I MEAN, I HAVE WHAT YOU SUBMITTED, IT'S GOING ALL THE WAY DOWN TO THE COURT. 
          SO, UM, THAT WOULD BE REDUCED TO WHERE WE BE 15 LINE AND WE'RE ONLY APPLYING. 
          SO THERE WAS TWO THAT, THAT 15. 
          WE'RE NOT TRYING TO GO ALL WELL BASED ON WHAT'S PRESENTED BEFORE US. 
          I, I, I, UH, I'M, I'M, AGAIN, I'M STILL STRUGGLING WITH THE HARDSHIP THAT'S, UH, DUE TO THE PROPERTY AND NOT THE LANDOWNER. 
          AND I'M, I'M, I'M, I JUST CAN'T SEE WHERE ME PERSONALLY, AND I'M NOT SPEAKING FOR ANY OF MY, UH, COLLEAGUES HERE, UM, THE HARDSHIP, HOW I COULD SAY YES TO AN HARDSHIP. 
          NOW WE HAVE SETTING THE PRECEDENCE FOR ANY OTHER NEIGHBORS TO COME IN INTO PLACE. 
          SO I JUST, ME PERSONALLY, I'M JUST SPEAKING FOR MYSELF. 
          I, I'D MOVE TO, UH, DISAPPROVE THE VARIANCE DUE TO THE LACK OF MEETING THE HARDSHIP REQUIREMENT. 
          SO IT'S A MOTION ON THE FLOOR TO DENY THE, UH, PERMIT, I MEAN THE, UH, APPLICATION. 
          I'LL SECOND IT. 
          SO IT'S BEEN PROPERLY MADE. 
          AND SECOND TO DENY IT. 
          UM, ALL IN FAVOR OF DENYING PLEASE SIGNIFY BY RAISING YOUR HAND. 
          SO IT'S BEEN PASSED TO DENY THE APPLICATION. 
          THANK YOU. 
          THANK YOU. 
          THANK YOU ALL HAVE GOOD EVENING. 
          YOU TOO. 
          UM, AND I FORGOT TO ASK, WAS THERE ANY PUBLIC COMMENT ON THIS ITEM? NO. 
          PUBLIC COMMENT. 
          PUBLIC COMMENT IS CLOSED. 
          UM, ITEM NUMBER EIGHT, 
          [8. Dean & Emily Freeman are requesting a Varience from Table 3.2.40.C. Front Yard Setback to construct a house within the from setback. The property is located st 140 Chechessee Road, Bluffton. The property is zoned T2-Rural (T2R).(Continued from last month's meeting)]
DEAN AND EMILY FREEMAN REQUESTING OF VARIANCE FRONT YARD SETBACK. 
          GOOD EVENING, EVERYBODY. 
          MY NAME IS DEAN FREEMAN. 
          I'M THE APPLICANT IN THIS MATTER. 
          IT'S MY WIFE, EMILY FREEMAN, MY CO-APPLICANT AS IT WERE. 
          UH, SO WHAT WE ARE REQUESTING IS A VARIANCE, UM, DEPENDING ON THE CIRCUMSTANCES, IT COULD BE VIEWED AS EITHER A FRONT VARIANCE OR A SIDE VARIANCE, UH, WHICH I'LL ELABORATE ON A LITTLE BIT, UH, WHICH WAS IN THE APPLICATION AS WELL. 
          UH, SO TO TELL YOU A LITTLE BIT ABOUT THE PROPERTY IN QUESTION, THE PROPERTY WAS ORIGINALLY APPROXIMATELY 10 ACRES. 
          AND IT WAS, YOU CAN VISUALIZE AS, AS BEING AN L SHAPE. 
          AND A COUPLE OF YEARS AGO, THE FORMER OWNER OF THE PROPERTY PARCELED OUT 1.26 ACRES, RIGHT WHERE THE TWO ENDS WOULD MEET. 
          AND THAT IS THE PROPERTY THAT WE PURCHASED. 
          BUT WE ARE ATTEMPTING TO DO AT THIS POINT 
          [00:20:01]
IS TO, UH, CONSTRUCT A HOME, A SINGLE FAMILY RESIDENCE ON THAT PROPERTY. 
          UH, THE ISSUE THAT WE ARE HAVING IS THERE IS AN OAK TREE ON THE PROPERTY. 
          IT'S APPROXIMATELY, UH, 19 INCHES IN DIAMETER. 
          UH, THE DIFFICULTY IS THAT WITHOUT A SETBACK, WE CANNOT PLACE THE HOME ON THE PROPERTY WITH THE TREE, AS IT CURRENTLY STANDS, THE REMAINDER OF THE PROPERTY IS STILL IN THE HANDS OF THE PREVIOUS OWNERS OTHER THAN THE 1.26 ACRES. 
          IT'S ZONED AS AGRICULTURE. 
          THERE'S NO RESIDENCE ON IT, ANYTHING LIKE THAT. 
          UM, THE PROPERTY WHERE WE ARE PROPOSING TO BUILD THE RESIDENCE, YOU CANNOT SEE FROM THE PUBLIC HIGHWAY. 
          UM, THERE HAS BEEN SOME CHANGES IN WHAT ZONING STAFF HAS SAID WILL BE THE FRONT OR THE SIDE OF THE PROPERTY. 
          UH, IF YOU'RE LOOKING AT THE, UH, PLANS, WHICH I HAVE A COPY HERE AS WELL. 
          ORIGINALLY, WE WERE TOLD THAT THE NORTH AND SOUTH SIDE WOULD BE CONSIDERED THE SIDES OF THE PROPERTY. 
          AND WHEN WE WERE TOLD THAT WE MODIFIED THE RESIDENCE SO THAT IT WOULD FIT ON THAT PROPERTY, THERE WOULD NOT BE ANY ENCROACHMENT ON THE NORTH SIDE OF THE PROPERTY, WHICH IS THIS LINE HERE. 
          UH, WE ALSO ADJUSTED THE SOUTH SIDE OF THE RESIDENCE SO THAT IT WOULD NOT ENCROACH ON THE TREE ANY FURTHER THAT WAS NECESSARY. 
          SO, OH, NOT TO CUT YOU OFF, BUT GO AHEAD. 
          SO WOULD YOU SAY YOUR NORTH SIDE IS THE ALLEN WEBSTER SIDE? UH, WELL, SO THE ALLEN WEBSTER PROPERTY ACTUALLY BORDERS IT ON THREE SIDES. 
          THIS WOULD BE THE NORTH SIDE HERE. 
          OKAY. 
          THAT'S THE ONE. 
          AND SO WE SPENT MORE THAN A THOUSAND DOLLARS CHANGING THE HOUSE PLANS WITH WHAT WE WERE TOLD WOULD, WOULD BE NECESSARY FOR APPROVAL. 
          WE SUBMITTED THIS PLAN THAT YOU HAVE, AND THEN WE WERE TOLD THAT ACTUALLY THIS WOULD BE CONSIDERED THE FRONT, AND THIS WOULD BE CONSIDERED THE REAR, AND THEN THE EAST AND WEST WOULD BE THE SIDES. 
          UH, SO THERE'S BEEN SOME DISCUSSION ABOUT THAT. 
          THE ISSUE IS, IN ORDER TO PUT THE HOUSE AS IT STANDS HERE, WE WOULD NEED 11 FEET OF A VARIANCE ON THE EAST SIDE. 
          UH, BECAUSE CURRENTLY THE HOUSE IS 39 FEET FROM THE PROPERTY LINE, SO WE WOULD NEED AN EXTRA 11 FEET IF THAT IS CONSIDERED FRONT OR REAR. 
          IN THE ALTERNATIVE, IF THE NORTH SIDE IS CONSIDERED THE FRONT, THEN WE WOULD NEED A VARIANCE OF 26 FEET. 
          'CAUSE CURRENTLY IT'S 24 FEET FROM THE PROPERTY LINE ON THAT SIDE. 
          SO AS I'VE SAID, THERE HAS BEEN SOME CHANGES THAT WE HAVE ALREADY MADE TO THE PROPERTY TO TRY AND ACCOMMODATE THE PROPERTY LINES AS WELL AS THE TREE. 
          UM, THE, THE ISSUE AGAIN IS THAT AS THE TREE STANDS, THE HOUSE CANNOT FIT ON THE LOT WITHOUT HAVING SOME SORT OF A VARIANCE. 
          UM, I'D, I'D LIKE TO ADDRESS SOME OF THE THINGS THAT ARE IN THE STAFF'S REPORT AS WELL, BUT I'LL STOP IN CASE ANYBODY HAS ANY QUESTIONS ABOUT WHAT I'VE COVERED SO FAR? YES, SIR. 
          I HAVE ONE QUESTION. 
          YES, SIR. 
          IS THAT A SWIMMING POOL IN THERE? A SWIMMING POOL? WHAT IS THIS OTHER LONG, RECTANGULAR THING? UH, THAT IS THE PROPOSED DRAIN FIELD. 
          OH, DRAIN FIELD. 
          YES, SIR. 
          THANK YOU. 
          THERE'S NO SWIMMING POOLS OR ANY STRUCTURES OF ANY KIND ON THE PROPERTY CURRENTLY. 
          UM, SO IN STAFF'S REPORT, THEY SAID, AND I'LL READ THIS VERBATIM, THEY HAVE CHOSEN TO UNOFFICIALLY CHANGE THE LOCK CONFIGURATION AND DOES NOT WANT TO MEET THE REQUIREMENTS, WHICH IS RENDERING THE LOT NON-CONFORMING PER THE DEVELOPMENT CODE. 
          WE HAVEN'T CHOSEN TO CHANGE ANYTHING. 
          AGAIN, WE'VE BEEN GIVING CONFLICTING INFORMATION OVER WHAT IS GONNA BE THE FRONT VERSUS THE SIDE OF THE LOT. 
          UM, ADDITIONALLY, AS I SAID, WE HAVEN'T CHANGED ANYTHING. 
          WE'VE, WE'VE HAD THE SAME PROPOSAL THE ENTIRE TIME. 
          IT HAS BEEN CHANGED ON US, BUT WE HAVE NOT OURSELVES CHANGED ANYTHING. 
          UH, THE REPORT ALSO SAID THAT THE NEED FOR A VARIANCE WAS THE RESULT OF THE LANDOWNERS. 
          AND I GUESS TECHNICALLY THAT'S CORRECT. 
          WE CHOSE NOT TO CUT THE TREE DOWN, WHICH MADE US NEED A VARIANCE. 
          UM, I WISH I COULD MAKE TREES SPROUT UP AND THAT THIS WOULD BE MY FAULT, BUT UNFORTUNATELY THAT'S NOT A POWER I HAVE. 
          UH, SO I, I DON'T REALLY SEE WHERE THIS IS NECESSARILY A RESULT OF OUR ACTIONS. 
          UM, REPORT SAYS THAT THE GRANTING OF THE VARIANCE WOULD CONFER SPECIAL PRIVILEGES. 
          AGAIN, I DON'T NECESSARILY SEE WHAT SPECIAL PRIVILEGES WE'D BE RECEIVING BY PRESERVING A TREE UNLESS IT'S HAVING A TREE IN OUR BACKYARD. 
          UH, THERE IS ALSO CONCERN ABOUT THE TREE PROTECTION AREA, AND I HAVEN'T BEEN ABLE TO FIND ANYTHING THAT STATES THAT IS ACTUALLY A REQUIREMENT. 
          UM, IF YOU ALL WOULD LIKE TO GIVE US MORE OF A VARIANCE SO THAT WE CAN BE FURTHER FROM THE TREE IN OUR BUILDING, THEN WE'RE CERTAINLY OPEN TO THAT AS WELL. 
          WHAT WE ARE CONCERNED WITH IS ULTIMATELY PRESERVING THE TREE AND BUILDING THE HOME. 
          I GREW UP IN THIS AREA. 
          UM, MY 
          [00:25:01]
WIFE IS FROM THIS AREA. 
          WE GREW UP PLAYING ON OAK TREES. 
          WE WANT TO HAVE AN OAK TREE IN OUR BACKYARD. 
          THAT, THAT'S THE ULTIMATE GOAL HERE. 
          UM, THE REPORT SAYS THAT THE VARIANCE PERMIT IS NOT IN HARMONY WITH THE PURPOSE AND THE INTENT OF THE DEVELOPMENT CODE. 
          THERE'S NO EXPLANATION FOR THAT. 
          AND I STRUGGLE WITH HOW BUILDING AROUND AN OAK TREE WOULD NOT BE IN THE SPIRIT OF THE DEVELOPMENT CODE. 
          YOU KNOW, YOU, YOU DRIVE AROUND BEAUFORT COUNTY AND DEVELOPMENTS ARE HAPPENING EVERYWHERE. 
          YOU ARJUN BOULEVARD USED TO BE TREES DOWN BOTH SIDES. 
          NOW THERE'S DEVELOPMENT DOWN BOTH SIDES COMING OUTTA BLUFFTON. 
          YOU USED TO BE ABLE TO SEE THE RIVER RIGHT BEFORE YOU GOT TO THE, UH, MAJOR INTERCHANGE. 
          NOW THERE'S A DEVELOPMENT THERE, I THINK IT'S CALLED PEPPER HALL. 
          UM, I, I STRUGGLE WITH HOW THOSE WOULD BE WITHIN THE SPIRIT OF THE COMMUNITY DEVELOPMENT CODE. 
          BUT A RESIDENCE FAR OFF THE MAIN ROAD THAT NOBODY IS GOING TO SEE BEING A LITTLE CLOSE TO THE PROPERTY LINE WOULD NOT BE. 
          UH, THERE IS ALSO IN THE REPORT THAT THE NEW ACCESS WOULD RESULT IN A POND BEING FILLED TO CREATE A DRIVEWAY. 
          YOU'LL SEE HERE ON THE PLANS THAT THERE IS AN EXISTING, UH, DRAINAGE DITCH THAT RUNS ALONG THE NORTHERN SIDE OF PLANS AS WELL AS WHERE THIS PROPOSED ENTRANCE ROAD IS. 
          THAT ROAD HAS EXISTED FOR MORE THAN 40 YEARS. 
          IT'S NOT SOMETHING THAT'S GOING TO HAVE TO BE CREATED. 
          IT'S EXISTED SINCE AT LEAST 1980. 
          I HAVE PICTURES OF THE ROAD AND OF THIS DRAINAGE DITCH IF ANYONE WANTS TO SEE THOSE. 
          UM, THE LEGAL EASEMENT IS FAR TO BE WEST OF THAT ROAD. 
          UH, CURRENTLY THERE IS NO ROAD THERE. 
          SO THAT WOULD HAVE TO BE CONSTRUCTED OVER THIS DRAINAGE DITCH. 
          WE HAVE A PRIVATE AGREEMENT WITH THE LANDOWNERS THAT OWN THE LAND THAT THAT ROAD IS ON THAT ALLOWS US TO USE THAT ROAD CURRENTLY. 
          BUT WE'RE NOT TRYING TO MAKE THAT THE LEGAL EASEMENT, UH, WHICH EXISTS SOMEWHERE ELSE. 
          UM, SO AGAIN, IT'S, IT, I I THINK IT'S, IT'S INTERESTING THAT THERE'S THE ASSERTION THAT WE'RE GOING TO DAMAGE THIS, THIS POND OR DRAINAGE DITCH BY CREATING A ROAD THAT ALREADY EXISTS AND THAT INSTEAD WE SHOULD HAVE TO CREATE A NEW ROAD OVER THAT SPACE. 
          I, I KIND OF STRUGGLE WITH THAT LOGIC. 
          UH, SO YOU SAID THIS ROAD, THIS ACTUALLY THE, THE INTEREST ROAD NOW, UH, WELL, THE INTEREST ROAD THAT YOU WERE PROPOSING IS HOW THEY'RE ACCESSING HOW THEY HAVE ALWAYS ACCESSED THIS PROPERTY. 
          YES, SIR. 
          THAT PROPERTY HAS BEEN, OR THAT, UM, ROAD HAS BEEN THERE FOR 40 YEARS. 
          I HAVE, I HAVE PICTURES OF IT IF YOU WANT TO SEE THE PICTURES. 
          WHERE IS THE LEGAL ACCESS? THE LEGAL EASEMENT IS EGRESS ON THE WESTERN SIDE. 
          IT DOESN'T ACTUALLY APPEAR ON THIS. 
          UM, BUT IT ENTERS, IT COMES DOWN AND IT STANDS AROUND THIS WAY. 
          IT COMES IN THIS DIRECTION AND THEN ENTERS HERE, WE HAVE A PLAQUE OF THE LEGAL ACCESS. 
          AND IT'S WORTH NOTING THAT THAT EASEMENT ALSO BORDERS PROPERTY THAT'S OWNED BY THE COUNTY. 
          SO ANY CREATION OF A ROAD OR ANYTHING LIKE THAT COULD POTENTIALLY IMPACT THE COUNTY'S PROPERTY AS WELL. 
          IT'S A SMALL ONE. 
          I'D LIKE TO COPY IF YOU, WHERE IS THIS OAK TREE THAT YOU WAS TRYING TO SEE ON THIS PLACE? SO I SEE IF YOU'D LIKE, IT SAYS LIKE 19 INCH. 
          YES, SIR. 
          I CAN BRING THIS A LITTLE BIT CLOSER. 
          SO I HAVE IT MARKED HERE. 
          SO IT IS THE 19. 
          IT IS, YES. 
          IT SHOULD SAY O YEAH. 
          LOUD. 
          MM-HMM. 
          . 
          YES. 
          I BELIEVE YOU HAVE A PICTURE OF THE TREE THAT WAS IN THE ORIGINAL PACKET THAT WAS SUBMITTED AS WELL. 
          SO MOVING BACK THIS WAY TO THE WEST. 
          SO SHIFTING THIS HOUSE TO THE WEST, AS FAR AS HOW YOU WAS DESCRIBING IT. 
          YES. 
          IF YOU WERE TO SHIFT THIS HOUSE TO THE WEST MM-HMM, , WOULD THAT AFFECT THIS TREE ANYMORE? IT, WOULD IT HAVE ANY MORE IMPACT THAN IT WOULD, WHERE ARE YOU AT NOW? SO IF YOU SHIFTED IT TO THE WEST, UNLESS YOU MOVED IT, I DON'T KNOW NECESSARILY HOW FAR THAT WOULD BE, BUT APPROXIMATELY, MAYBE YOU WOULD HAVE TO MOVE IT 40 OR 50 FEET IN ORDER TO HAVE IT FURTHER AWAY FROM THE TREE. 
          UH, AND THEN YOU WOULD RUN THE, OR WE WOULD RUN THE RISK OF THE DRAINAGE FIELD NOT BEING ABLE TO FIT ON THAT PART OF, OF THE PROPERTY. 
          BECAUSE THE DRAINAGE DITCH EXTENDS FROM THE WESTERN SIDE OF THE PROPERTY AS WELL, WHICH IS WHERE THE, UH, LEGAL EASEMENT ENTERS UNDERNEATH. 
          WELL, HMM. 
          SO YOU SAID IF YOU MOVE THIS HOUSE BACK TO AVOID THE VARIANCE, YOU WOULDN'T, YOU 
          [00:30:01]
WOULD NOT HAVE ENOUGH ROOM TO PUT YOUR DRAINAGE SO WE COULD MOVE IT AGAIN, THIS IS WHERE IT COMES INTO PLAY. 
          WHAT IS THE FRONT AND WHAT IS THE SIDE? AND I UNDERSTAND, RIGHT. 
          SO AS IT IS ON THIS PLAN WITH THE NORTH BEING CONSIDERED A SIDE AND THE, UH, EAST AND WEST BEING CONSIDERED THE FRONT AND REAR, RIGHT. 
          WE COULD MOVE IT WEST TO ACCOMMODATE THAT. 
          AND THAT WOULD PROBABLY WORK. 
          MM-HMM. 
          . 
          BUT THE PROBLEM IS THAT THIS IS NOT CURRENTLY THE ORIENTATION THAT STAFF HAS TOLD US WE HAVE TO HACK. 
          THEY'VE TOLD US THAT WE HAVE TO HAVE PROPERTY ORIENTED, AS YOU'LL SEE IN THE SECOND DESIGN, WHICH IS MUCH MORE NARROWER BECAUSE OF THE 50 FOOT REQUIREMENT BEING ON THE FRONT OF THE BACK. 
          I THOUGHT AS YOU'RE SETTING UP YOUR ACCESS TO SOMETHING, YOU DON'T, YOU'VE ONLY GOT A PRIVATE AGREEMENT FOR THAT'S NOT GONNA BE ANY SUCCESSOR OWNER THAT THEY, THEY'RE NOT GUARANTEED ACCESS. 
          CORRECT. 
          THAT WAY. 
          BUT AGAIN, WE DO STILL HAVE THE LEGAL EASEMENT THAT CAN BE USED IF NECESSARY. 
          YEAH. 
          AND THEN THEY'RE GONNA HAVE TO PUT THEIR ACCESS IN ON THE OTHER PART OF THE PROPERTY. 
          CORRECT. 
          IT WOULD BE DOWN THE ROAD, WOULD COME DOWN THIS SIDE AND THEN INTO THE PROPERTY, I BELIEVE AN INTEREST DOWN OR THE SOUTHERN SIDE. 
          BUT AGAIN, ULTIMATELY IT'S, IT'S NOT A MATTER OF WHERE THE ROAD IS. 
          IT'S JUST A MATTER OF HAVING THE ROOM TO PLACE THE RESIDENCE WITHOUT HAVING TO DO ANYTHING. 
          BECAUSE WHERE THE, THE ENTRANCE IS, IS ULTIMATELY NOT PART OF WHY THE HOUSE IS PLACED AS IT IS. 
          IT'S PLACED IN THIS MANNER BECAUSE OF THE TREE BEING, YOU KNOW, I SEE YOUR PICTURE OF THE TREE. 
          THAT TREE LOOKS IN ROUGH SHAPE. 
          YEAH, IT DOES. 
          YES. 
          AS FAR AS I SEE A LOT OF DEAD ON THAT TREE. 
          I MEAN, I WALKED UP TO IT TODAY AND IT LOOKED PERFECTLY HEALTHY TO ME. 
          THERE IS NOTHING THAT ON THAT TREE. 
          YEAH, IT'S, THE TREE IS IN FINE SHAPE. 
          IT SURVIVED THE HURRICANE. 
          THERE WERE SOME TREES ON THE PROPERTY THAT DID NOT, BUT SO, BUT YOU COULD FLIP THE HOUSE AROUND ON THE OTHER SIDE TO WHERE IT FACED WHERE YOU HAVE YOUR LEGAL ACCESS AND IT COULD STILL BE IN YOUR BACKYARD SINCE YOU GOTTA BUILD A ROAD AT THAT POINT. 
          UH, THE HOUSE COULD BE IN THE DRAIN FIELDS. 
          SORRY. 
          THE PROBLEM IS, AS I SAID, THE DRAIN FIELD IS HERE. 
          SO IF YOU WERE EXTENDING IT OFF OF THE SIDES, YOU WOULD BE GOING INTO A DITCH ON EITHER SIDE OR THE MARSH, WHICH IS ON THIS SIDE. 
          AND THEN YOU WOULD HAVE, IF YOU LEFT IT AS IT IS, THEN THE ROAD WOULD BE OVER THE DRAIN. 
          SO THAT'S, THAT'S WHY IT'S ORIENTED THE WAY IT'S CURRENTLY. 
          SO WHAT ARE OTHER OPTION, OTHER OPTIONS? HAVE YOU OBSERVED OR, OR, OR DID YOU COME UP WITH THAT INSTEAD OF, BECAUSE I, I'M, I'M JUST TRYING TO SEE HOW IT WOULD RENDER IT NOT BEING BUILDABLE. 
          WELL, SO AGAIN, WE'VE MODIFIED THE HOUSE MULTIPLE TIMES. 
          UM, THERE USED TO BE A STAIRCASE FACT, I'LL REFERENCE THIS AGAIN. 
          THERE WAS A STAIRCASE THAT CAME OFF OF THE NORTHERN SIDE OF THE HOUSE HERE THAT WE REMOVED. 
          'CAUSE STAFF TOLD US THAT IF WE REMOVE THAT, THE HOUSE WOULD BE APPROVED. 
          AND THEN THAT TURNED OUT NOT TO BE TRUE, WE'VE CHANGED THE STAIRCASE ON THE REAR SO THAT IT ACCOMMODATES THE TREE INSTEAD OF, UH, COMING OFF AS IT ORIGINALLY DID IN THIS DIRECTION TO STOP THE TREE OR TO INTERFERE WITH THE TREE. 
          UH, AND THEN WE'VE, WE'VE TRIED FIGURING OUT ANOTHER WAY. 
          I MEAN, WE SPENT HOURS ON THE PROPERTY, STAKING IT OUT USING THE DIMENSIONS AND TRYING TO FIGURE OUT WHERE THE HOUSE COULD GO THAT WOULD ACCOMMODATE THE DRAIN FIELD AND ALL OF THE OTHER CONCERNS. 
          AND THIS IS THE BEST OPTION THAT WE WERE ABLE TO FIND. 
          OKAY. 
          ANY MORE QUESTIONS? I HAVE ONE QUESTION. 
          YES, SIR. 
          UH, WHY DO YOU PREFER THIS ACCESS ROAD YOU SHOWED NOW VERSUS THE LEGAL? BECAUSE IT'S AN EXISTING ROAD AND IF WE WERE TO CONSTRUCT A NEW ROAD, IT WOULD INVOLVE HAVING TO CLEAR CUT TREES. 
          IT WOULD INVOLVE BUILDING, UH, OVER THIS DITCH THAT EXISTS ON THE PLAN THAT THAT STAFF IS CONCERNED WITH US INTERFERING WITH. 
          UM, SO THE EXISTING ROAD, AS I SAID, WE HAVE A PRIVATE AGREEMENT WITH THE LANDOWNERS. 
          ONE OF THEM IS HERE. 
          THEY'LL TELL YOU THAT WE HAVE THAT AGREEMENT. 
          UM, THE DEVELOPMENT CODE SAYS THAT IT DOES NOT INTERFERE WITH PRIVATE AGREEMENTS BETWEEN PARTIES. 
          UM, SO WE, WE PREFER TO USE THAT ROAD SIMPLY BECAUSE IT EXISTS AND IT LETS US HAVE THE LEAST IMPACT ON THE PROPERTY AS POSSIBLE. 
          UNDERSTOOD. 
          YEAH. 
          I DON'T THINK THE ROADS, YOU KNOW, I, GIVEN THE THE CIRCUMSTANCES, I THINK THE ROADS WOULD BE FINE. 
          I FINE. 
          I'M JUST CURIOUS WHY. 
          RIGHT. 
          AND, AND AGAIN, THAT'S, THAT'S THE ONLY REASON BECAUSE IT EXISTS AND WE DON'T WANT TO HAVE TO DESTROY TREES AND GO THROUGH POSSIBLY CAUSING BIGGER PROBLEMS WITH THE DRAINAGE OF THE SURROUNDING PROPERTIES. 
          BECAUSE AGAIN, THIS DITCH SERVICES NOT ONLY COUNTY PROPERTY, BUT IT SERVICES THIS PROPERTY AND TWO OTHER RESIDENTIAL PROPERTIES THAT ABUT UP TO IT. 
          SO IF WE WERE TO DO SOMETHING FURTHER UP THE DITCH THAN ALL OF THAT, IT COULD POTENTIALLY RUN INTO A PROBLEM. 
          UH, BUT AGAIN, ULTIMATELY WHAT WE'RE ASKING FOR IS BECAUSE THERE HAS BEEN SOME CONFUSION 
          [00:35:01]
OVER WHICH WAY THE PROPERTY SHOULD BE ORIENTED, IS THAT WE ARE ASKING EITHER FOR A FINDING ON WHICH WOULD BE THE FRONT AND WHICH WOULD BE THE SIDES AND WHICH WOULD BE THE REAR, AND THEN THE VARIANCE THAT WE ARE REQUESTING THAT WOULD ALLOW US TO BUILD WITH THAT ALIGNMENT. 
          OR ALTERNATIVELY A CONDITIONAL, UM, VARIANCE. 
          THAT WOULD BE AN AN IF OR DEPENDING ON WHICH ONE WE NEED BASED ON THE ALIGNMENT OF THE PROPERTY. 
          SO, AND AGAIN, I HAVE THE NUMBERS. 
          I THINK IT'S 11 FEET FROM THE EASTERN SIDE AS IT STANDS ON THIS OR IF THE NORTH AND SOUTH ARE CONSIDERED THE FRONT AND REAR 26 FEET. 
          OKAY. 
          LET US HEAR FROM THE COUNTY COURT. 
          AND I DO HAVE THOSE PHOTOGRAPHS OF THE EXISTING ROAD, IF ANYBODY WOULD LIKE TO SEE THOSE. 
          YES. 
          ALL I'D LIKE TO SEE. 
          SO THESE ARE THE EXISTING ROAD AS WELL AS THE DITCH. 
          UH, THAT IT, SO IS THIS WHERE THAT PIPE IS IN THIS, IN THIS AREA HERE? OOPS, I THINK I SAW A PIPE THAT'S ACROSS. 
          YES, THERE IS A PIPE COBRA. 
          YES, IT IS ACTUALLY. 
          RIGHT. 
          THANK YOU. 
          AND JUST FOR REFERENCE, I'LL SAY THE PICTURE OF THE ROAD IS FACING NORTH. 
          ALL RIGHT. 
          ANY MORE QUESTIONS FOR THE UH, APPLICANT? THANK YOU SIR. 
          WE'LL, HERE FROM THE COUNTY, CAN I GET THAT UM, THAT SNOW? OH, SNOW. 
          MR. DEAN HAS CONFUSED. 
          MR. FREEMAN HAS CONFUSED ME. 
          UM, BUT THE WAY THE LOT WAS PLATTED, THE FRONT OF EVERY LOT IS ALWAYS THE STREET. 
          THIS LOT WAS PLATTED WITH A 50 FOOT ACCESS EASEMENT, WHICH IS CONSIDERED THE FRONT, THAT IS NORTH SOUTH, THAT'S THE EAST SIDE WHERE THE SEPTIC SYSTEM IS GOING. 
          SO THERE'S 50 FEET, 50 IN THE REAR, 18 ON THE SIDES. 
          HE'S TRYING TO PUT THE HOUSE ON THE SIDE THAT THEY'RE USING THAT THEY'RE DRIVEWAY. 
          MM-HMM. 
          . 
          'CAUSE IT'S NOT LEGAL ACCESS. 
          IT'S A DRIVEWAY TO COME INTO THE HOUSE. 
          WE'RE SAYING NO, THAT'S NOT THE FRONT OF THE LOT. 
          THE FRONT OF THE LOT IS WHERE YOUR LEGAL ACCESS IS. 
          UM, WE'VE NEVER SPOKEN TO HIM. 
          WE HAVE ALWAYS SPOKEN TO MRS. WEBSTER AND SHE HAS COME INTO THE OFFICE MORE THAN ONCE. 
          AND WE HAVE TOLD HER IT NEEDED TO BE 50 FEET WHERE THEY'RE PUTTING THE HOUSE. 
          HE'S TALKING ABOUT THE TREE. 
          WE WOULD NOT APPROVE THAT TREE TO REMAIN IF WE APPROVE THIS HOUSE HERE. 
          IT'S TOO CLOSE TO THE HOUSE, IT'S GOING TO DIE IF IT'S NOT ALREADY DEAD. 
          SO THE TREE WOULD HAVE TO BE AT LEAST 25 FEET AWAY FROM THE STRUCTURE. 
          I FEEL LIKE THERE'S A LOT OF TREES BEING WITH HOUSES BEING BUILT CLOSER TO 20, BUT WE DON'T APPROVE THEM THAT CLOSE TO THE HOUSE. 
          IF YOU LOOK AT ALL OF OUR PLANS THAT TREES ARE NORMALLY WAY OUTSIDE OF THE, BECAUSE YOU TECHNICALLY, THIS 19 INCH TREE NEEDS 19 FEET AROUND IT FOR PROTECTION. 
          UNLESS THEY GET AN ARBORIST TO SAY THEY'RE GOING TO DO THIS, THIS, THIS, THIS, THIS TO SAVE THIS TREE, WE'RE NOT GONNA KEEP THAT TREE. 
          SO THE THE, THE THING TODAY IS WHERE IS THE FRONT AND WHERE IS THE SIDE? THE COUNTY INSISTS THAT THE FRONT OF THE LOT IS WHERE THE LEGAL ACCESS IS. 
          THAT'S 50 FEET. 
          THE SIDES ARE EIGHT 18 FEET AND THE REAR 50 FEET. 
          HE'S TRYING TO MAKE THE FRONT OF THE LOT THE NORTH SIDE. 
          WELL, IF THAT'S WHAT HE'S TRYING TO DO, THEN THAT BECOMES 50 FEET. 
          BECAUSE HE'S NOW SAYING I HAVE ACCESS FROM THIS LOT. 
          THAT'S, SO IF THAT'S THE CASE, THIS BECOMES THE FRONT OF THE LOT. 
          YOU NEED TO MOVE THAT HOUSE BACK 50 FEET. 
          IT CHANGES THE WHOLE LAYOUT OF THE LOT AND IT, THAT'S NOT THE WAY THE LOT WAS APPROVED. 
          SO RIGHT NOW, IF WE DO THAT AND GIVE HIM A VARIANCE, THIS IS A NONCONFORMING LOT. 
          HE SELLS THIS LOT. 
          UNLESS THERE 
          [00:40:01]
IS A LEGAL ACCESS EASEMENT GRANTED FROM THESE PEOPLE TO USE THIS DRIVEWAY, THESE, THE NEW OWNERS WOULD HAVE TO COME THE EXACT WAY THAT THE LOT WAS PLATTED. 
          SO I DON'T SEE A HARDSHIP. 
          IT'S WHAT HE WANTS. 
          I CAN'T GRANT HIM A MODULATION BECAUSE IT'S TOO MUCH OF A MODULATION. 
          HE'S GOING HALF OF THE FRONT SETBACK AND HE WANTS A VARIANCE. 
          HE WANTS YOU TO CALL THIS THE FRONT AND I GUESS FORGET ABOUT THE 50 FEET, THAT'S THE FRONT SETBACK AND MAKE IT 25 FEET. 
          I I BUT I DON'T SEE A HARDSHIP BECAUSE THIS IS A LOT THAT WAS CREATED IN 2020. 
          IT HAS TO MEET THE STANDARDS OF THE CODE. 
          AND THE STANDARD OF THE CODE SAYS FRONTS 50 RARE, 50 SIZE 18. 
          AND THIS LOT, LIKE I SAID, WAS APPROVED WITH A 50 FOOT ACCESS EASEMENT FACING THE FRONT OF THE LOT. 
          AND IN THE FRONT, IN THE COUNTY'S EYES IS WHERE THE DREAM FIELD IS AT. 
          YES. 
          THAT'S THE FRONT. 
          WELL LET ME ASK YOU THIS, JUST SO THAT I GUESS THE COUNTY AND THE APPLICANT CAN GET ON THE SAME PAGE. 
          MM-HMM. 
          , IS IT BEST FOR THE APPLICANT TO COME BACK AND SIT DOWN WITH YOU GUYS? WE HAVE SPOKEN TO THAT LADY. 
          WE HAVE TRIED TO WORK IT OUT, MOVE THE LOT LINE AROUND SINCE SHE OWNS THE LAND AROUND THIS LOT. 
          MM-HMM. 
           MOVE THE LOT LINE AROUND AND MAKE IT WORK. 
          WE WOULD, WE WOULD ALLOW IT TO BE THE FRONT, BUT WE YOU JUST HAVE TO MEET THE 50 FEET. 
          RIGHT. 
          SHE HAS GONE AWAY SAYING, YEAH, SHE'S GONNA DO, AND THEN THE NEXT I HEARD THEY'RE COMING FOR A VARIANCE AND I'VE NEVER SPOKEN TO THIS GENTLEMAN OTHER THAN HE SENT AN EMAIL. 
          I GUESS WHAT WE'RE SAYING IS WHAT IF WE GIVE HIM TIME TO WORK OUT THE, SO IF THEY CAME BACK IN THAT ROAD, IF THEY HAD LEGAL ACCESS VIA THAT ROAD. 
          MM-HMM. 
          . 
          ALRIGHT. 
          AND IT WAS IN, UH, A RECORDED EASEMENT. 
          INGRESS RESS, YOU MEAN THE FRONT, THE FRONT PART? YEAH. 
          OR I GUESS THIS ROAD THEN THEY STILL NEED TO BE 50 FEET BACK 50 FEET IF THAT BECOMES THE FRONT. 
          YEAH. 
          AND I DON'T THINK THE LOT IS DEEP ENOUGH TO DO 50 50 AND THEN 18 THIS WAY. 
          MM-HMM. 
          , IF IF THE TREE WASN'T THERE, COULD THEY MEET THE THE 50 50 THING? UM, I KNOW THEY DON'T WANNA CUT DOWN THE TREE. 
          I'M NOT SEE THE LOT IS, THE LOT IS 169 FEET DEEP. 
          OKAY. 
          SO 50 ON THE FRONT, 50 UNDER RAIL LEAVES HIM 69 FEET TO BUILD THIS HOUSE. 
          MM-HMM. 
          , I DON'T KNOW HOW, YOU KNOW, KNOW YEAH. 
          HOW, HOW MUCH SPACE HE WOULD HAVE. 
          OKAY. 
          BUT LIKE I SAID, SHE OWNS THE PROPERTY, MRS. WEBSTER, THEY CAN MOVE THE LOT LINES AROUND AND MAKE IT WORK, BUT THEY'RE HERE ASKING FOR VARIANCE AND UH, AND THERE'S ALSO SOME CRITICAL LINE ISSUES TOO IN THIS LITTLE CORNER. 
          SO WE HAVE TO BE CAREFUL ABOUT MOVING IT THIS WAY BECAUSE THEN, AND THEN THAT ROAD COMING IN NEEDS TO BE A HUNDRED FEET FROM THAT CRITICAL LINE. 
          DOES IT MEET IT? I DON'T KNOW BECAUSE NONE OF THESE PLANS ARE ACTUALLY, WELL A HUNDRED IS SHOWING A 50, UM, WHAT'S THAT? 47? SO IT'S A LITTLE BIT OFF FROM THE A HUNDRED FEET THAT NEEDS TO BE FROM THE CRITICAL LINE. 
          SO THERE'S A LOT OF OTHER THINGS THAT NEEDS TO BE LOOKED AT, BUT I JUST CAN'T TELL HIM THAT THIS IS THE FRONT AND YOU CAN ONLY HAVE 25 FEET 'CAUSE THAT'S NOT WHAT THE CODE SAYS. 
          AND SO YOU DON'T SEE AS ANY, ANYTHING CAN BE DONE IF THEY WERE TO COME BACK TO YOU GUYS THOUGH, IF THEY WERE TO COME BACK AND, AND THE PROPERTY OWNER DECIDES, OKAY, LET'S MOVE THE, MAYBE DO SOME RECONFIGURATION AND STUFF, BUT I DREW SOMETHING OUT FOR HER AND SHOWED HER WHAT I WOULD BE WILLING TO AND, AND IT WASN'T NORMALLY A LOT IS SUPPOSED TO BE STRAIGHT ACROSS. 
          I DID SOME JUTTING AND IN AND OUT THEY COULD MEET THE 50 HERE AND GO BACK IN AND MM-HMM. 
          . 
          AND THE NEXT THING I KNOW THEY'RE ASKING FORBEARING, SO. 
          OKAY. 
          I DON'T KNOW ANY, ANY QUESTIONS FOR THE COUNTY, ANY OTHER THANK YOU. 
          THANK YOU MS. HILL. 
          I HAVE A QUESTION FOR YOU. 
          YEAH. 
          COME ON. 
          YOU CAN COME UP. 
          I WANNA CLARIFY A COUPLE OF THINGS AS WELL. 
          SO, BUT I'LL, I'LL TAKE YOUR QUESTION. 
          FIRSTLY. 
          IF YOU WERE TO GO BACK TO THE COUNTY, DO YOU SEE WHERE 
          [00:45:01]
I, 'CAUSE I I REALLY THINK BETWEEN YOU THE OWNERS AND THE, UH, COUNTY COULD KIND OF WORK THIS OUT. 
          MM-HMM. 
          , UM, ARE YOU OPPOSED TO GOING BACK TO THE COUNTY TO SEE WHAT CAN BE DONE? SO WE LOOKED INTO CHANGING THE PROPERTY LINES. 
          THE PROBLEM WITH THAT IS WE WOULD HAVE TO HAVE BOTH PROPERTIES. 
          RESURVEYED, WHICH IS, IS NOT A CHEAP THING TO HAVE DONE. 
          MM-HMM. 
          . 
          UH, AND, AND THAT ALSO SHOWS THAT THE STAFF HAS NO PROBLEM WITH THE HOUSE BEING EXACTLY WHERE WE'RE PUTTING IT. 
          THEY JUST HAVE A PROBLEM WITH IT BEING THAT CLOSE TO THE PROPERTY LINES. 
          UM, THE OTHER THING THAT I WOULD LIKE TO CLARIFY IS, AGAIN, WE'RE NOT TRYING TO MAKE THIS THE FRONT. 
          WE WERE TOLD THIS WOULD BE THE SIDE AND THAT'S WHAT WE HAVE ACCEPTED. 
          WE'RE NOT TRYING TO MAKE THAT THE FRONT BASED ON ANYTHING. 
          I MEAN, WE WE'RE HAPPY WITH THIS BEING, UH, THE SIDE AND THE FRONT BEING TO THE EAST AND THE WEST. 
          WE HAVE NO CONCERNS WITH THAT. 
          BUT THE DIFFICULTY IS, AGAIN, WE, WE'VE BEEN TRYING TO WORK THIS OUT FOR MONTHS AND MONTHS AND AS MS. AUSTIN SAID, WE HAVE NOT SPOKEN DIRECTLY, BUT I I HAVE SENT MULTIPLE EMAILS TRYING TO UNDERSTAND STAFF'S POSITION AND TRYING TO GET ANSWERS TO QUESTIONS AND HAVE JUST HAD A DIFFICULT TIME GETTING ANY SORT OF ANSWER OR ANY CLARIFICATION ON DECISIONS. 
          AND IT'S BEEN VERY DIFFICULT TO ULTIMATELY GET US TO THIS POINT. 
          AND I HAVE THOSE EMAILS IF YOU WOULD LIKE TO SEE THEM. 
          OKAY. 
          NO, WE DON'T NEED TO SEE IT. 
          UM, WELL WE, WE CAN MAKE A RULING ON IT TONIGHT. 
          I MEAN IF, IF IF, IF IT, I I'M JUST TRYING TO SEE IF, IF IT WAS A DENIAL, A DENIAL IN THE, UH, ON THIS, I MEAN IT, IT, IT WOULD NOT RENDER THIS UNBUILDABLE. 
          MAY I ASK A QUESTION? WHAT, WHAT WAS THE, WHAT WAS THE REASON WHY THE COUNTY'S RECOMMENDATION, UH, WAS NOT ACCEPTED? TO CHANGE THE PROPERTY LINES? YEAH, YEAH. 
          TO DO WHATEVER SUGGESTED. 
          'CAUSE WE, WE LOOKED INTO DOING THAT WE WOULD HAVE TO HAVE BOTH PROPERTIES, RESURVEYED, AND IT WAS A VERY LARGE EXPENSE TO HAVE THAT DONE BECAUSE IT'S AGAIN, MORE THAN THAN 10 ACRES. 
          SO, AND, AND AGAIN, THERE WAS REFERENCE TO THERE BEING ISSUES WITH THE, THE CRITICAL LINE. 
          I I'M NOT AWARE OF ANY ISSUES WITH THE CRITICAL LINE AT ALL, THAT IT'S NOT SOMETHING THAT I'VE BEEN MADE AWARE OF. 
          SO, AND THEN JUST TO BE CLEAR, I THINK, THINK I MAY HAVE SAID THIS ALREADY, BUT THE EXISTING ROAD IS NOT EVEN ON OUR PROPERTY. 
          IT, IT ABUTS TO OUR PROPERTY, BUT NONE OF, NONE OF THE EXISTING ROAD IS ACTUALLY ON THE PROPERTY ITSELF. 
          IT JUST RUNS DIRECTLY INTO IT. 
          IN THE, WHICH, WHICH ROAD YOU TALKING ABOUT? THE, THE, THE ROAD. 
          THE ROAD THAT EXISTS THAT GOES OVER THE DITCH. 
          RIGHT. 
          IT'S, IT IS NOT ON YOUR PROPERTY AT ALL. 
          RIGHT? IT RIGHT, IT ABUTS TO THE PROPERTY. 
          SO IT ESSENTIALLY TERMINATES AT THE PROPERTY LOT. 
          AND IT'S NOT A ROAD, IT'S A DRIVEWAY. 
          OKAY. 
          IT DOESN'T SERVE ANYONE BUT THE OWNER. 
          BUT AGAIN, IT'S BEEN THERE FOR 40 YEARS. 
          SO IT'S A DRIVEWAY. 
          OKAY. 
          ALRIGHT. 
          UM, I HAVE A QUESTION. 
          I'M CONFUSED ABOUT THE FRONT AND THE SIDE. 
          YES MA'AM. 
          SO YOU'RE SAYING THAT THE FRONT DOOR COULD BE ON THE SIDE. 
          SO WHEN WE ORIGINALLY WENT TO THE STAFF WITH THIS DESIGN, THERE WAS A STAIRCASE THAT CAME OFF OF THIS. 
          SO ESSENTIALLY YOU HAVE THREE DOORS ON THE NORTHERN SIDE AND A SMALL PORCH. 
          AND IT WAS A STAIRCASE COMING OFF OF THAT. 
          AND THAT'S WHAT YOU'RE CONSIDERING THE FRONT. 
          SO WE WERE TOLD THAT THAT WOULD BE CONSIDERED THE SIDE UNDER THESE PLANS, BUT WE WERE ALSO TOLD TO REMOVE THE STAIRCASE BECAUSE IT WAS OVER THE SETBACK LINE. 
          SO WE WERE TOLD TO REMOVE THE STAIRCASE AND THAT EVERYTHING ELSE WAS FINE. 
          AND WE DID THAT. 
          WE PAID THE ARCHITECT, WHICH WAS NOT CHEAP TO REMOVE THE STAIRCASE AND TO MAKE ALL THE OTHER CHANGES. 
          AND THEN WE SUBMITTED THIS EXACT PLAN AND WE WERE TOLD THAT NOW THIS WAS GOING TO BE THE FRONT ACCORDING TO WHAT STAFF HAD DECIDED. 
          WHEREAS WE HAD BEEN TOLD THAT IT WAS GOING TO BE THE SIDE, WHICH IS WHAT WE WERE TO FINE. 
          BUT WHAT'S THE DIFFERENCE BETWEEN THE FRONT AND THE SIDE? THE SETBACK IT RIGHT. 
          IT CHANGES THE SETBACK AND IT HAS TO DO WITH WHERE THE ACCESS SETBACK IS. 
          WHICH AGAIN? WELL IT IS LIKE THE FRONT DOOR. 
          WELL, SO IT, I BELIEVE THE DEFINITION WHICH I HAVE A COPY OF, BUT IT'S WHERE IT ABUTS THE ACCESS. 
          AND IN THIS CASE, SINCE THE EASEMENT IS ON THE WESTERN SIDE, THEN THE WESTERN SIDE WOULD BE CONSIDERED THE FRONT AS FAR AS I UNDERSTAND IT. 
          AND THAT'S WHAT WE WERE ORIGINALLY TOLD. 
          OKAY. 
          WOULD TURN IN THE HOUSE, WOULD MAKE THE, UH, TO MAKE THE 
          [00:50:01]
WEST SIDE THE FRONT. 
          DO YOU ANY GOOD? WELL AGAIN, TURNING THE HOUSE, THE PROBLEM WITH THAT WOULD BE THE DRAIN FIELD BECAUSE IF WE'RE TURNING IT DO YOU MEAN JUST ROTATING AT 90 DEGREES? CORRECT. 
          I BELIEVE THE ISSUE WITH THAT, WHICH I KNOW WE LOOKED AT AT ONE POINT, UM, BUT I BELIEVE THERE WAS AN ISSUE WITH THAT BECAUSE OF TURNING IT 90 DEGREES, IT WOULD NOT FIT AROUND THE TREE. 
          IT WOULD HAVE TO BE MOVED. 
          AND THEN AGAIN, THAT GETS INTO THE ISSUE OF THE DRAIN FIELD AND EVERYTHING ELSE ACCESSING THAT SIDE. 
          SO, BUT THE COUNTY'S SAYING YOU'RE GONNA HAVE TO CUT THAT TREE ANYWAY, RIGHT? IF YOU BUILD THEIR, WELL THIS, HE BRINGS AN OFFICE REPORT TELLING US THAT THEY CAN BUILD THAT CLOSE TO THE TREE AND HOW THEY'RE GONNA SAVE IT. 
          YEAH. 
          AND IF THEY WANNA GIVE US A PERMIT TO CUT THE TREE DOWN, THAT'S GONNA BE THE NEXT STEP. 
          THERE'S, THERE'S NO GUARANTEE THAT IT'S GONNA SURVIVE ANYTHING. 
          IT COULD BE HIT BY LIGHTNING TONIGHT. 
          OH YEAH. 
          IT COULD HAVE GONE DOWN BY THE HURRICANE, BUT RIGHT NOW THE TREE IS IN FINE SHAPE. 
          WE'D LIKE TO PRESERVE IT THAT WAY. 
          WE DON'T WANT TO HAVE TO CUT THE TREE DOWN, BUT I FEEL LIKE THAT'S THE NEXT LOGICAL STEP AT THIS POINT IF WE DON'T GET WHAT WE'RE REQUESTING. 
          ALRIGHT, WELL WE'RE GONNA MAKE A DECISION TONIGHT. 
          THANK YOU LADIES AND GENTLEMEN. 
          BASED ON WHAT WE'VE HEARD, WHAT ESPECIALLY I DO SEE WHY YOU WOULD WANT TO HAVE THAT ACCESS, BUT ALSO BEING A LOT TO PRESERVE THE, THE TREE. 
          I MEAN LIKE THAT'S PART OF YOUR YARD, YOU KNOW, LIKE THAT'S, UH, NOT GOING FURTHER IN THE LINE OR ANYTHING, OR JUST THE, THE SETBACKS. 
          WHAT IS THE, UM, ALLOWED VARIANCE ON THE SETBACK WITHIN YOUR, WITHIN STAFF IS POPULATION? YES. 
          IT'S UH, 23, 20% OR GREATER. 
          IS THERE ANY OTHER TREES ON THAT PROPERTY THAT YOU KNOW WITHIN THE THERE IS, YES. 
          THERE ARE NOT ANY OTHER IS IT, HAS IT BEEN CLEARED THERE? NO, IT'S NOT. 
          IT HAS NOT BEEN CLEARED. 
          THERE ARE A NUMBER OF UH, WATER OAKS. 
          THERE'S A DECRE TREE, THERE'S A NUMBER OF PINE TREES. 
          OKAY. 
          TREE THAT IS LI YEAH, I'M LOOKING AT, I'VE SEEN ANY OF LI OAKS, THE TREE, I DIDN'T SEE ANY. 
          THERE'S THE TREE. 
          YEAH. 
          OKAY. 
          I'VE SEEN ANY OTHER TREES BESIDES THAT. 
          ALRIGHT. 
          ALRIGHT. 
          DOES THE FACT THAT THERE'S NOTHING AROUND THIS HAVE ANY FACT IT'S, YOU KNOW, IT'S NOT IN THE SUBDIVISION OR, UM, I MEAN IN TERMS OF A PRE, IN TERMS OF A PRECEDENT FOR THAT PARTICULAR LOCATION? YEAH. 
          I I CAN'T JUST SAY THIS GUY BECAUSE NOBODY'S SEEING IT GETS A A, I NO, I I YOU WOULD RATHER JUST CUT THE TREE DOWN HUH? YOU'D RATHER CUT THE TREE I GUESS, OR, WELL, IT'S NOT A RATHER HE CUT THE TREE IS NO LONGER ON. 
          WE ONLY HAVE SO MUCH WE COULD DO AT THE STAFF LEVEL. 
          RIGHT. 
          AND WE HAVE STANDARDS WHEN WE MAKE A RECOMMENDATION TO ZBA THAT HAVE TO BE MET FOR VARIANCE. 
          AND THEN WHAT WE'RE SAYING IS IT HASN'T BEEN MET, THE NEXT SOLUTION WOULD BE FROM A STAFF POINT OF VIEW, IS TO MOVE THE HOUSE. 
          WELL IF HE WANTS TO OR CUT THE TREES OR RECONFIGURE THE LOT, MAKE THAT SIDE THE, THE SIDE, MAKE THAT THE SIDE OF THE HOUSE, THEN THAT WOULD BE 18 FEET BECAUSE THEN THE, THE HOUSE WOULD STILL FACE THE ORIGINAL FRONT. 
          MM-HMM. 
          . 
          AND THEN THAT WOULD BE THE SIDE AND, AND THEN THAT WOULD BE 18 FEET. 
          SO, BUT HE, YOU CAN'T HAVE THE FRONT DOOR AND CALL THAT THE SIDE. 
          TO BE FAIR, SINCE YOU HAD TO TAKEN THE STAIRS OFF THE FRONT, YOU WOULD NOT ACTUALLY BE ABLE TO ACCESS. 
          I DON'T ANYTHING ABOUT THAT. 
          SO, UM, ALRIGHT. 
          UM, IS PUBLIC COMMENT, IS THERE ANY PUBLIC COMMENT FOR THIS ITEM? THE PROPERTY LINE? I HAVE NO PUBLIC COMMENT. 
          WELL, I THINK WE CAN, IF SOMEONE WOULD LIKE TO PUT A MOTION, PLACE A MOTION ON THE FLOOR, UM, I'LL MAKE A MOTION THAT WE ACCEPT THE VARIATION. 
          I'LL SECOND JUST TO BE CLARIFIED, WHAT IS 
          [00:55:01]
THE VARIANCE TO THE, UM, THE VARIANCE SETBACK FOR THE, TO GO ACROSS THE SETBACK? HOW MANY, HOW MANY FEET ARE WE TALKING ABOUT? IF WE WERE TO, HE IS ASKING FOR 11 FEET, I BELIEVE. 
          RIGHT. 
          THAT, SO AGAIN, THE QUESTION IS WHICH WAY THE PROPERTY WOULD BE ORIENTED. 
          SO WITH THE NORTHERN SIDE BEING THE, WITH THE NORTHERN PIECE OF THE PROPERTY BEING THE SIDE, THEN IT WOULD BE 11 FEET. 
          THAT, THAT'S NOT WHAT THE VARIANCE IS ABOUT. 
          THAT WOULD BE AN APPEAL OF MY DECISION OF WHAT THE FRONT AND THE SIDE IS. 
          HE'S ASKING FOR VARIANCE TO PLACE THIS HOUSE 25 FEET FROM WHAT IS NOW THE FRONT OF THE LOBBY INSTEAD OF 50 AND I I BELIEVE 29 FEET. 
          I BEING CORRECT. 
          29, YEAH. 
          26 FEET ON THE NORTH SIDE AND 11 FEET ON THE EAST SIDE. 
          YES. 
          AND IT'S NOT BOTH. 
          IT IS ONE OR THE OTHER DEPENDING ON WHAT'S CONSIDERED THE FRONT AND WHAT'S CONSIDERED THE SIDE. 
          WELL, WHAT I WAS TRYING TO SAY HILLARY BEFORE IS THE FACT THAT THERE, WELL, I MEAN THERE'S NO STREET THERE. 
          IT'S, IT'S SO FUZZY. 
          11 FEET ON, LET'S, LET'S, LET'S LOOK AT THIS AGAIN BECAUSE THEN HE'S, COULD YOU COME TO THE PODIUM? VERY CONFUSING. 
          HILLARY. 
          SO RIGHT NOW THE FRONT OF THE HOUSE IS 24 FEET FROM THE PROPERTY. 
          SO HE HAS IT WHERE THE SIDE, SIDE SET. 
          ARE YOU LOOKING AT THIS ONE WITH A SEPTIC HANG? YES. 
          ALRIGHT. 
          IT SAYS 18 FEET SIDE SETBACK. 
          MM-HMM. 
          . 
          YES. 
          AND THE HOUSE IS AT 25 FEET. 
          WELL IT LOOKS LIKE THE HOUSE, THE UM, THE PORCH IS 24 FEET. 
          SO IF YOU'RE GONNA CALL THAT THE SIDE, UM, THEN IF, THEN I GUESS IF YOU'RE CALLING THAT THE SIDE, THEN IT'S, IT MEETS THE REQUIREMENT. 
          BUT THE 11 FEET FROM THE OTHER SIDE OF THAT, THAT UM, FROM 11 FEET FROM WHERE? FROM WHAT WOULD BE CONSIDERED THE REAR ON THE EASTERN SIDE. 
          IT'S CURRENTLY 39 FEET FROM THE PROPERTY LINE TO THE PORCH. 
          AND THAT'S WHERE WE'RE ASKING FOR THE 11 FEET OF THIS ORIENTATION IS I'M, I'M CONFUSED HERE. 
          YOU, I'M CONFUSED. 
          I THINK IT'LL BE GOOD. 
          NO, YOU'RE NEW. 
          SO THIS IS GONNA BE NINE FEET. 
          YEAH. 
          SO FROM RIGHT HERE TO HERE. 
          SO WE COME HOME. 
          YEAH. 
          39 FEET FROM HERE TO THERE. 
          MM-HMM. 
           FROM PARCEL C, WHICH THIS SHOWS IT AS A SIDE YARD SETBACK. 
          10. 
          THAT'S JUST THAT YOU'RE 24 FEET FROM THE EDGE OF THE PORCH. 
          AND THEN IS THAT LIKE WHAT ONE FOOT? WHERE IS THE 11 FEET THAT, THAT WE'RE TALKING ABOUT? SO IF, IF THAT IS CONSIDERED THE SIZE, THE 24 FEET IS GREATER THAN THE 18 FEET IS NECESSARY. 
          YES. 
          BUT IF YOU LOOK IMMEDIATELY TO THE RIGHT OF THAT, YOU'LL SEE THAT THE EDGE IS 39 FEET PROPERTY LINE ALMOST CONSIDERED THE WE. 
          OH ON THE, SO WE WOULD NEED 11 FEET ON THE 18 VARIANCE ON THAT SIDE IN ORDER TO PLACE THE HOUSE ACCESS. 
          OH. 
          'CAUSE IT'S NOT 50, IT DOESN'T MEET THE 50 FEET AND COUNTY COULD GRANT 10 IN MODULATION. 
          UH, 20% OF 50 IS 10, 10 FEET. 
          NO, YOU GUYS GIVE HIM THE VARIANCE. 
          I'M NOT GRANTING ANY MODULATION. 
          HE'S HERE FOR VARIANCES AND Y'ALL ARE CALLING THIS THE FRONT OF THE HOUSE, THE SIDE. 
          THEN ALL THAT NEEDS TO BE PUT IN THE UH, WHATEVER Y'ALL ARE APPROVING OF FINDINGS OF FACT. 
          OKAY. 
          SO WE CAN, AND PLEASE CALL OUT THE FINDING OF FACT SHOWING THE HARDSHIP FOR THIS VARIANCE. 
          I WANT IT ALL IN THE PAPER IN THE THING. 
          'CAUSE I'LL BE SENDING PEOPLE BACK TO Y'ALL. 
          WELL WITH THAT BEING WITH THE FINDING OF FACTS, UM, IF YOU PLACE THIS, PUT A MOTION ON THE FLOOR, PLEASE STATE IT. 
          WE'RE FINDING NO FACTS 
          [01:00:01]
AND UH, HOW MANY FOOTAGE, EVERYTHING THAT WOULD PROHIBIT THESE PEOPLE FROM COMING BACK BEFORE US. 
          SO WITH THAT BEING SAID, WE WOULD LIKE TO BE THAT WONDER WE'RE GONNA NEED ONE THAN OUR LAWYERS HERE. 
          NO, YOU GOT IT. 
          MISS WHO? I SHOULD BE, HOLD ON A SECOND. 
          I'LL GIVE YOU WHAT THE CODE SAYS YOU HAVE TO ADDRESS IN THE FINDING OF FACTS. 
          SO, UM, SO SHE COULD GRANT 10 FEE. 
          YOU HAVE TO GO DOWN THIS LIST AND SAY HOW THEY MEET THOSE SIGNS. 
          CONT ASK THAT QUESTION ABOUT THE TREE. 
          LEMME ASK THE QUESTION AGAIN ABOUT THE TREE. 
          IF THE TREE ISN'T THERE, IT ALL WORKS IF THEY MOVE THE HOUSE BACK, IS THAT RIGHT? HUH? IF THE TREE IS NOT THERE AND THEY MOVE THE HOUSE BACK FROM THE FRONT AND THEY MOVE IT BACK, IT WORKS. 
          SO THE TREE IS IS WHETHER WHETHER THE TREE, ANYBODY APPROVES THE TREE BEING CUT OR NOT. 
          SO IF WE DON'T CUT THE TREE, IT IS MAY OR MAY NOT PASS. 
          IF YOU CUT THE TREE, IT'LL PASS. 
          RIGHT. 
          IF, IF SO IT'S THE TREE IS THE PROBLEM. 
          PUT THE HOUSE IN A WAY THAT . 
          SO, SO IN TERMS OF MEETING THE CODE, THE TREE IS THE PROBLEM IF, IF UNLESS YOU DO SOMETHING ELSE. 
          IS THAT CORRECT? AM I RIGHT AS FAR AS WE UNDERSTAND? WOULD YOU, SO WHY, WHY WOULD YOU CONSIDER CUTTING THE TREE? WOULD WE CONSIDER IF, IF NECESSARY, BUT WELL, IT IS NECESSARY. 
          IT SEEMS TO ME. 
          AM I RIGHT OR AM I WRONG? WELL, I MEAN UNLESS WE GRANT THE VARIANCE. 
          WELL YEAH. 
          UNLESS WE GRANT THE VARI UNDERSTAND THAT, UNDERSTAND, UNDERSTAND YOU TO, WE'RE TRYING, TRYING TO AVOID CUTTING THE TREES. 
          OH, I UNDERSTAND THAT. 
          I UNDERSTAND, I UNDERSTAND. 
          THAT IS, IF THAT IS ULTIMATELY WHAT WE HAVE TO DO TO BUILD THIS HOUSE, THEN THAT'S WHAT WE'LL DO. 
          OKAY. 
          WELL AND ONE THING, YOU KNOW, IF PEOPLE ARE TRYING TO PROTECT CERTAIN TREES, I THINK THERE IS ESSENTIALLY A, A MODULATION THAT'S GRANTED. 
          AND IF WE DID GRANT EVEN THE 10%, THAT WOULD BE 10 FEET. 
          COULD YOU DO IT WITH 10 FEET? I MEAN I, I'M JUST TRYING TO WELL I BELIEVE HILLARY ALSO SAID THAT. 
          WELL IF THEY PUT A REPORT YEAH, THAT'S WHAT I'M SAYING. 
          THIS STREET CAN SURVIVE THE CONSTRUCTION. 
          MAYBE WE CAN BRING IT BACK NEXT, NEXT MONTH AND Y'ALL DO WHAT YOU NEED TO DO. 
          BUT, OR YOU CAN DO WHAT YOU NEED TO DO. 
          AND UM, THAT TREE'S GONNA STAY FOR THE LACK OF THIS HOUSE AND IF IT DIES, THE VALUE'S GONNA DOUBLE BECAUSE IT WILL HAVE DIED FROM CONSTRUCTION. 
          SO IF THEY BRING, SO, SO IF THEY BRING IN AIST REPORT YEAH. 
          SAYING THAT NO NEED FOR THEM TO COME BACK BEFORE US. 
          THAT IS SOMETHING YOU CAN DO IN THE 10 I WOULD 10% VARIANCE AND STAFF, YOU CAN MAKE IT THE CONDITION OF A VARIANCE THAT THEY BRING THE ARBOR REPORT THAT THIS TREE CAN SURVIVE THE CONSTRUCTION. 
          MM-HMM. 
           AND YOU KNOW WHAT THEY NEED TO DO TO MAKE IT SURVIVE. 
          AND THAT BE A CONDITION ON YOUR, YOUR VARIANCE. 
          IF, IF YOU WANT TO GRANT TO THE VARIANCE. 
          YEAH. 
          LET'S GRANT THE VARIANCE. 
          I MEAN LET'S DO IT ALTERNATIVELY AS I, I THINK I MENTIONED IF YOU WOULD LIKE TO GIVE US, UH, VARIANCE FROM THE FRONT AS WELL OR FROM THE SIDE RATHER, THAT WOULD ALLOW US TO BE FURTHER FROM THE TREE. 
          WE'RE FINE WITH THAT AS WELL. 
          AGAIN, WE JUST TRIED TO GET AS FAR AWAY FROM THE PROPERTY LINE AS POSSIBLE FROM THE TREE. 
          DO YOU KNOW HOW MANY TREES ARE YOU GONNA CUT DOWN TO BUILD THIS HOUSE AND PUT IT IN THAT DRAIN FIELD? ZERO. 
          CURRENTLY THERE WOULD NOT BE ANY TREES THAT WOULD BE REMOVED UNLESS IT'S THAT OAK TREE. 
          YOU DON'T HAVE TO REMOVE ANY TREES TO BUILD THIS HOUSE OR PUT THE DRAIN FIELD IN. 
          THAT'S WHY I ASKED THE QUESTION. 
          CONFUSED ON THAT ONE. 
          WELL MAYBE THIS AREA, IT AIN'T AT THIS AREA. 
          MAYBE THEY ALREADY CLEARED IT. 
          THAT'S WHAT THEY CAME BEFORE US. 
          OKAY. 
          . 
          WERE THEY ALREADY CUT? IT WAS, IT'S BEEN YEARS AGO NOW THAT THE LOT WAS CUT WHEN IT WAS IN AG USE. 
          OH, SO THE TREES HAVE BEEN GONE? MM-HMM, . 
          [01:05:01]
OKAY, THAT MAKES SENSE. 
          ALL RIGHT, HILLARY, LET LET, JUST FOR CLARITY 'CAUSE WE CAN PROBABLY GET THROUGH WHAT THEY'RE SAYING. 
          EVERYBODY CAN BE ON THE MERRY WAY. 
          YEAH. 
          THEY PRES PRESENT ARB REPORT TO YOU THAT IT WILL SURVIVE THE CONSTRUCTION. 
          YOU CAN MODULATE UP TO 10 FEET ON, ON THE SIDE, ON THE 50. 
          IS THAT YEAH. 
          RIGHT ON THE FRONT. 
          YEAH, ON THE EAST SIDE. 
          THE REAR I BELIEVE. 
          YEAH. 
          I THINK IT WAS 10 FEET ON THE SIDE. 
          OKAY. 
          AND YOU SAID 10 FEET WILL, WOULD BE OKAY. 
          BE SUFFICIENT? I BELIEVE SO. 
          WE WOULD HAVE TO MOVE THE HOUSE ON THE, THE PLOT AGAIN, BECAUSE CURRENTLY IT WOULD BE 11 FEET THAT WE WOULD NEED. 
          OKAY. 
          WE HAVE TO GO, WE WOULD GO BACK TO THE ARCHITECT AND PAY AGAIN TO MOVE THE HOUSE. 
          BUT IF, IF WE HAVE TO, WE HAVE TO. 
          OH, OKAY. 
          SO WITH THAT BEING SAID, IF THAT, BASED ON THAT OPERAT REPORT, THERE'S NO NEED FOR THEM TO COME BACK FOR US. 
          UH, WELL, BUT YOU WOULD, ARE YOU WILLING TO TREAT THE FRONT IS THE SIDE FROM THE HOUSE TO THE SIDE? THAT, THAT, I THINK THAT'S CORRECT. 
          YEAH. 
          I'LL NEED TO THREATEN IN THAT VARIANCE. 
          HOW ABOUT IN LIEU OF THE FACT THAT THERE IS NO STREET, WHICH WOULD DEFINE THE FRONT AND BACK AS IN A TYPICAL HOUSE? I, I DON'T WANNA GET INTO SOMETHING THAT AGREE TO SOMETHING FOR THIS GUY, AND THEN I HAVE ANOTHER PERSON WITH THE SAME ISSUE. 
          I, I JUST, I YOU GRANT THEM THE VARIANCE. 
          IF, IF THAT'S WHAT THEY'RE HERE FOR, WHATEVER Y'ALL SAY. 
          OKAY. 
          LET'S MAKE A MOTION TO GRANT THE VARIANCE BASED ON THIS LOT CONFIGURATION WITH THE ENTRANCE. 
          UM, IF THEY BRING AN ARBOROUS REPORT THAT SHOWS THAT THE CONSTRUCTION, UM, WILL, THE TREE WILL SURVIVE THE CONSTRUCTION OF THE HOUSE BEING THAT CLOSE, UM, WE WOULD, WE WOULD AGREE TO, TO ALLOW THE VARIANCE OF 10%. 
          SO I NEED NUMBERS AND I NEED FINDING OF FACT. 
          SO IF YOU'RE SAYING, SO 10% IS NOT CONFIGURATION, THEN THAT BECOMES THE FRONT. 
          SO YES, THAT'S, YOU'RE GRANTING A 25 FOOT VARIANCE ON, OR THAT BECOMES, I DON'T KNOW, GUESS WE NEED TO IDENTIFY LIST FRONT. 
          DO WE, CAN WE MAKE A VARIANCE THAT SAYS THAT WILL BE THE FRONT? YEAH, THAT'S WHAT, YEAH, THAT'S WHAT HE SAID. 
          THAT'S WHAT I SAID. 
          CONFIGURATION THAT THE NORTH SIDE. 
          MM-HMM. 
           IS THE FRONT. 
          NO, THAT'S INCORRECT. 
          THE SIDE, THE NORTH SIDE SHOULD BE THE SIDE, THE WESTERN AND EASTERN SHOULD BE THE NORTH SIDE. 
          IS THAT OKAY? NORTH SIDE IS THE SIDE. 
          MM-HMM. 
          . 
          SO THEY DON'T NEED A VARIANCE FROM THAT. 
          RIGHT? BECAUSE THEY VARIANCE FROM THE WEST SIDE, NORTH SIDE, EAST SIDE, EAST SIDE. 
          A 10% MODULATION ON THE SIDE. 
          NOW I'M NOT MODULATING YOU'RE RENTING A VARIANCE. 
          OKAY. 
          10. 
          WELL, IT, BUT 10% IS MORE THAN WHAT THEY'RE ASKING FOR. 
          NO, THEY'RE ASKING, I'M JUST NOTING THAT THEY'RE ASKING FOR 11 FEET. 
          10. 
          WELL, 10 PERCENT'S LESS THAN IT. 
          IT'S, IT'S 20% OF THE 50. 
          YEAH. 
          OH, OF, SO THE EAST SIDE IS, IS WHAT'S THE SETBACK? 40 FEET, 39 FEET FROM THE CRITICAL LINE. 
          NO, NO. 
          WHAT WE'RE, NO, WE'RE THE EDGE OF THE HOSPITAL. 
          40 FEET. 
          YES. 
          YEAH. 
          I GOT, YEAH. 
          SO 39 FEET, NO, NO, NO. 
          40. 
          I WAS THE CRITICAL LINE. 
          YEAH. 
          YOU WERE LOOKING FOR THE OTHER. 
          AND SO THEY'RE ASKING FOR WHAT? AND BARBARA'S REPORT. 
          MM-HMM. 
          . 
          YES. 
          THE TREE CAN SURVIVE CONSTRUCTION FINDINGS ON FACTS. 
          I NEED YOU TO GO DOWN THAT LIST. 
          OKAY. 
          UM, NUMBER ONE THERE, IF I CAN GO DOWN THE SAME LIST OF RIGHT HERE ON OUR OH, YEAH. 
          YEAH. 
          OKAY. 
          [01:10:01]
UM, UM, DO YOU WANT ME TO DO THE SUBSECTION AND THEN SAY WHY THEY MEET THE CRITERIA IS THAT, UH, THIS, THE FIRST ONE WOULD BE THEY ARE, YOU WOULD SAY THEY ARE EXTRA OIL. 
          THERE ARE NO EXTRA AUDIT. 
          I DON'T KNOW. 
          THERE ARE, THERE ARE EXTRA AN EXCEPTIONAL CONDITIONS FOR THINGS TO, TO THE PROPERTY. 
          UM, THE LOT CONFIGURATION IN ORDER TO SAY WITH THE NEW, UM, WITH, WITH THE ENTRANCE AS SHOWN THE, AND IN ORDER TO, IN THEIR EFFORTS TO SAVE THE TREE, UM, IS OKAY. 
          NUMBER TWO, UM, THE TREE BEING IN THAT LOT AND THE SIZE OF THE LOT, BUT THE ENTRANCE IS NOT THE RESULT OF THE LANDOWNER. 
          THE TREE BEING THERE. 
          UM, YES. 
          UM, IT WOULD PROHIBIT THE, THE, UM, OR RESTRICT THE UTILIZATION OF THE LAND WITH, UM, KEEP KEEPING THE NATURAL TREES. 
          I'M TRYING TO FIGURE OUT IF I'M TRYING TO PROVE THAT THE LOT'S GOING THIS WAY OR IF I'M, I MEAN, THAT'S WHAT I'M HUNG UP ON, UM, WITH THE LANGUAGE. 
          WELL, THE LOT IS GOING THIS WAY. 
          THIS IS THE FRONT NOW. 
          MM-HMM. 
          . 
          WELL, THIS IS A SIDE, RIGHT? SO, SO YES, WHERE THE TREE IS, IT'S, IT DOES RE REASONABLY RESTRICT WITHOUT TAKING OUT THE, THE LIVE OAK. 
          UM, IT'S RIGHT IN THE MIDDLE TOO. 
          MM-HMM. 
          AND THIS CONFIGURATION WITH THE DRAINAGE, THEY DON'T HAVE TO TAKE OUT ANY MORE TREES. 
          SO, UM, I THINK IT IS HARDSHIP. 
          LOOKS LIKE THE WATER ME . 
          IT DOES, YOU HAVE TO SAY THAT THERE IS A HARDSHIP. 
          THE HARDSHIP IS THAT THE, THE LOT IS, UM, PRETTY NARROW IN THE TREES IN THE MIDDLE. 
          I MEAN, THAT'S PRETTY, THAT'S, THEY'RE TRYING TO BUILD THE HOUSE AROUND THE TREE. 
          OKAY. 
          WOO. 
          SORRY. 
          SO WE HAVE A MOTION ON THE FLOOR TO GRANT THE APPLICANT THE, UH, VARIANCE AND IT'S BEEN MADE. 
          AND SECOND, WHO'S WHO, WHO SECOND. 
          YES, I DO. 
          OKAY. 
          SO ALL IN FAVOR OF GRANTING THIS, UH, VARIANCE SIGNIFY BY RAISING YOUR HAND. 
          ALL IN FAVOR OF DENYING THIS APPLICANT. 
          PLEASE SIGNIFY BY RAISING YOUR HAND. 
          NO UNREADINESS. 
          SO IT'S BEEN DENIED. 
          THANK YOU ALL. 
          OKAY. 
          UM, 
          [12. Frank Roberts is requesting a Variance from Appendix A.8.70.C.2 Parking to contruct parking within the front Yard. The property is located at 2161 Trask Parkway, Beafort. The property is zoned Seabrook/Stuart Point Community Preservation (SSPCP)]
MOVING ALONG TO ITEM NUMBER 12, UH, FRANK ROBERTS. 
          I GOT THAT 109. 
          SORRY TO PUT YOU UNDER ALL THAT PRESSURE, MAN. 
          IT'S STILL, WELL, I WAS TRYING TO FIGURE OUT YOUR FRONT HARDSHIP. 
          I GOT THAT TREAT. 
          THAT'S WHAT I GOT. 
          UNDERSTOOD. 
          ALRIGHT. 
          GOOD EVENING, LADIES AND GENTLEMEN. 
          UM, THIS IS FRANK HERE. 
          JULIE'S GONNA SPEAK ON MY BEHALF, PLEASE. 
          . 
          MY NAME'S JULIE DAVIS. 
          MR. NIELSEN, MY CONDOLENCES. 
          OH, THANK YOU VERY MUCH. 
          UM, SO I'M THE FARM MANAGER AT FAIRWOOD FARMS LADIES ISLAND OYSTER. 
          YOU'LL HAVE PROBABLY, PERHAPS HEARD OF LADIES ISLAND OYSTER. 
          THAT IS THE, UH, THE OCCUPANT OF THE PROPERTY THAT WE'RE TALKING ABOUT. 
          UH, FAIRWOOD FARMS IS LADIES ISLAND OYSTER'S, THE MAIN OCCUPANT OF, OF 
          [01:15:01]
THE, OF FAIRWOOD FARMS. AND SO, UH, WE'VE BEEN IN OPERATION ON THAT PROPERTY SINCE 2013. 
          WE ARE THE STATE'S FIRST OYSTER FARM. 
          AND, UH, WE'VE BASICALLY GOT ALL THE OTHER, THERE'S ABOUT 12 OYSTER FARMS IN THE STATE, AND THEY WERE ALL SORT OF BORN FROM OUR FARM AS FAR AS KNOWLEDGE, SEED GEAR, SO ON AND SO FORTH. 
          THE COUNTY, UH, COUNCIL HAS PROVIDED GREAT SUPPORT TO US IN THE PAST THROUGH OTHER, UM, SPECIFICALLY, UH, TEXT AMENDMENT IN THE PAST TO ALLOW US TO USE OUR DOCK FOR COMMERCIAL PURPOSES. 
          AND WE ARE VERY GRATEFUL FOR THAT. 
          UM, WE HAVE SINCE MOVED A GOOD MANY OYSTERS OVER THAT DOCK. 
          UH, ALSO LOCATED ON THE PROPERTY AS PART OF THE OYSTER FARM OPERATIONS IS OUR HATCHERY. 
          UH, WE HAVE THE ONLY OYSTER HATCHERY IN THE STATE, AND WE DO, UH, SO WE GROW SINGLE OYSTERS. 
          WE DON'T HAR WE DON'T HARVEST OFF THE WILD BIDS. 
          WE GROW SINGLE OYSTERS. 
          AND SO THAT, THAT PROCESS IS DEPENDENT ON THE HATCHERY. 
          AND SO WE'RE FARMERS THROUGH AND THROUGH. 
          WE GROW A SEED. 
          WE PLANT A SEED. 
          IT IS NURTURED WITHIN THE CAGES, WHICH ARE LOCATED ON LEASES OUT IN THE OSA RIVER. 
          AND THEN WE HARVEST THAT PRODUCT AND WE SEND IT TO RESTAURANTS ALL ALONG THE COAST OF SOUTH CAROLINA. 
          AND SO THE HATCHERY PROCESS, AS YOU CAN IMAGINE, IT'S LITTLE BABY OYSTERS. 
          THOSE LITTLE BABY OYSTERS ARE VERY SUSCEPTIBLE TO CHANGES IN WATER QUALITY. 
          WE OYSTERS ARE FILTER FEEDERS, SO THEY RELY ON VERY GOOD WATER QUALITY. 
          SO WE FIND OURSELVES BEING THE BE THE BIGGEST STEWARDS OF WATER QUALITY IN THAT YOU COULD FIND ANYWHERE, BECAUSE IF WE DON'T HAVE CLEAN WATER, WE'RE OUTTA BUSINESS. 
          AND SO, UM, I KNOW THAT THAT PART OF THE, UH, STAFF REPORT HERE, OR PART OF THE CODE, IF THAT, PARDON ME IF I'M USING THE WRONG WORDS, BUT IT, IT TALKS ABOUT EXTRAORDINARY AND EXCEPTIONAL CONDITIONS. 
          AND I WOULD SAY THAT WE ARE IN EXCEPTIONAL CONDITION DUE TO THE, THE, THE EXISTENCE OF THE OYSTER HATCHERY AND NURSERY. 
          THAT IS WHERE THE OYSTERS START THEIR LIFE. 
          THEY'RE THERE, THEY'RE BORN THERE, OR SPA THERE IN THE HATCHERY. 
          AND THEY LIVE THERE UNTIL THEY'RE ABOUT THE SIZE OF YOUR PINKY FINGERNAIL. 
          SO FOR A COUPLE OF MONTHS, UM, THEY ARE, LIKE I SAY, IT'S RIGHT ON THE SHORES OF MACALLY CREEK. 
          SO WE TRY TO KEEP, YOU KNOW, ANY INFLUENCES ON WATER QUALITY IN THAT AREA. 
          WE ARE VERY COGNIZANT OF AND MONITORING THE WATER QUALITY. 
          SO THE REASON WHY WE HAVE REQUESTED THIS VARIANCE IS THAT WE WOULD LIKE TO, UM, EXPAND OUR OFFERING OF WHAT OUR FARM HAS TO OFFER TO THE COMMUNITY. 
          WE CURRENTLY HAVE A SMALL AREA WHERE WE WELCOME SMALL GROUPS FOR WHETHER IT'S, UM, COMMUNITY GROUPS, CHURCH GROUPS, UH, DIFFERENT SCHOOLS, NATURE CLUBS, WHAT HAVE YOU. 
          THEY COME IN, THEY TAKE A TOUR OF OUR FARM AND WE FEED THEM MOISTURE AND TALK TO 'EM ABOUT WHAT WE DO. 
          UH, WE WOULD LIKE TO EXPAND THAT TO BE ABLE TO OFFER AN EVENT SPACE IN, UH, FOR, UH, CORPORATE GROUPS, WEDDINGS, WHAT HAVE YOU. 
          SO IT'S GONNA BE AN OPEN AIR PAVILION ON THE PROPERTY. 
          AND WE WOULD LIKE TO BE ABLE TO HAVE THE PARKING FOR THAT IN WHAT IS CONSIDERED THE FRONT YARD. 
          SO IT'S THE EXISTING, UM, FIELD THAT IS AT THE FRONT PART OF THE PROPERTY DIRECTLY NEXT TO THE ROAD. 
          THAT IS ALSO THE SPOT ON THE PROPERTY THAT WOULD PUT THAT PARKING LOT, WHICH WILL BE ALL, UM, PERVIOUS SURFACE. 
          UH, IT PUTS THAT AT THE GREATEST DISTANCE FROM ANY OF THE OYSTER OPERATIONS. 
          SO WE'RE NOT LOOKING TO CHANGE THE ENTIRE PROPERTY INTO AN EVENT SPACE. 
          ACTUALLY QUITE THE OPPOSITE. 
          ALL OF THE CURRENT USES OF THE PROPERTY, THERE'S A, A HOUSE THERE WHERE FRANK'S HOUSE THERE WHERE HE LIVES. 
          THERE'S LADIES ISLAND OYSTER, THERE'S ALSO SEA ISLAND MILL WORKS THAT HAS A, UM, A PORTABLE SAWMILL. 
          AND SO ALL THOSE EXISTING USES WILL CONTINUE. 
          UM, AND THIS PAVILION, UM, IS A, AN AN ADD-ON TO A CURRENTLY UNDERUTILIZED PART OF THE PROPERTY, PART OF THE PROPERTY WHERE WE'RE PROPOSING FOR IT TO BE. 
          IT ALSO HAS BEAUTIFUL VIEWS OF VERY LARGE BEAUTIFUL LIVE OAK TREES. 
          UM, ONE VERY LARGE, UH, ANGEL OAK AND THE BRANCHES TOUCH THE GROUND AND COME BACK UP. 
          UM, AND ONE OTHER, YOU KNOW, THERE'S SEVERAL OAK TREES THERE THAT THE SURVEYOR SAID THEY'RE SOME OF THE BIGGEST THAT HE'S MEASURED IN BEAUFORT COUNTY. 
          AND THEY'RE ALL IN EXCELLENT SHAPE. 
          WE'VE HAD AN ARBORIST COME OUT AND LOOK AT THEM. 
          AND SO WE'RE EXCITED ABOUT PEOPLE BEING ABLE TO COME TO THE PROPERTY, HAVE A NICE LIKE 180 DEGREE VIEW OF THE WATER, HAVE THEIR PRODUCT THAT WAS PROBABLY JUST LANDED THAT MORNING FROM THE OYSTER FARM THAT THEY CAN SIT THERE AND LOOK AT AND THEN ENJOY THE OYSTERS AND ALSO BE ABLE TO LOOK AND ENJOY THE BEAUTIFUL OAK TREES WITHOUT 
          [01:20:01]
HAVING TO LOOK OUT AT THEIR, WHERE THEY PARKED THE CAR, THEM AND OTHERS. 
          AND SO THIS VERY MUCH REPRESENTS THE SORT OF MODERN DEFINITION OF A VALUE ADDED AGRICULTURE PRODUCT. 
          IF YOU LOOK ALL AROUND THE COUNTRY, YOU CAN SEE EXAMPLES OF DIFFERENT, UM, OYSTER FARMS OFFERING A TOUR AND FOOD, UH, AND EVENT SPACE SORT OF OPTION. 
          UM, IMMEDIATELY COMES TO MIND LIKE HOG ISLAND OUT IN CALIFORNIA. 
          YOU'VE GOT AN OYSTER HATCHERY UP IN VIRGINIA THAT HAS, UM, TOURS AND, AND FOOD BEING OFFERED. 
          AND SO WE THINK THAT THIS IS A NICE, UM, COMPLIMENT TO WHAT WE DO NOW AND ALSO UTILIZING THE PROPERTY. 
          BUT AS I SAY, I THINK IT, WE DO, WE DO REPRESENT AN EXCEPTIONAL CONDITION, UM, WITH THE EXISTENCE OF OUR RELIANCE ON WATER QUALITY DUE TO THE EXISTENCE OF THE HATCHERY. 
          I WOULD HATE TO SEE THE PARKING BE PUT, HAVE TO BE PUT IN THE BACKYARD, MEANING CLOSER TO THE RIVER AND THEN THAT SOMEHOW REPRESENT A DETRIMENT TO A SENSITIVE ENVIRONMENT. 
          WE PULL WATER DIRECTLY FROM THE RIVER, UM, RIGHT THERE BY THE SHORE AT THE END OF OUR DOCK FOR THE HATCHERY. 
          AND, UM, I'D HATE TO HAVE TO TRADE ONE BUSINESS FOR THE OTHER. 
          SO I DO THINK THAT BY GRANTING THE VARIANCE, I DO THINK THAT YOU WOULD BE KEEPING IN HARMONY WITH THE COMPREHENSIVE PLAN, WHICH IS TO ALLOW THIS AREA OF HIGHWAY 21 TO REMAIN AN AGRICULTURAL CORRIDOR. 
          WE ARE ONE OF THE ONLY PROPERTIES THAT IS ZONED AGRICULTURE THAT IS STILL A FUNCTIONING FARM IN THE AREA. 
          THERE ARE OTHER FARMS OUT THERE, OTHER PLACES ZONED AGRICULTURE, BUT THEY'RE NOT, YOU KNOW, ACTIVE LIKE THEY USED TO BE. 
          YOU KNOW, SIX LS AND MCLEOD FARMS COME TO MIND. 
          ALRIGHT. 
          OKAY. 
          AND I ALSO HAVE, UM, HERE OUR CIVIL ENGINEER NATHAN STIR, UH, IF YOU HAVE ANY TECHNICAL QUESTIONS SPECIFICALLY ABOUT THE DEVELOPMENT, HE'S AVAILABLE TO ANSWER YOUR QUESTIONS. 
          AS AM I. 
          THANK YOU. 
          WHAT OTHER OPTIONS HAVE YOU EXPLORED TO MAKE THIS WORK? SO WE, NATHAN, DID YOU WANNA ADDRESS THAT? THANK YOU. 
          HEY, NATHAN STUR, CIVIL ENGINEER, STRY ENGINEERING. 
          UM, WE'VE LAID OUT A LOT OF OPTIONS FOR THIS SITE TO GET THE AMOUNT OF PARKING WE FEEL WE NEED FOR 12,000 SQUARE FOOT OF EVENT SPACE. 
          UM, WE'VE TRIED TO STICK WITHIN THE 40 FOOT ON THE SIDE YARD THAT THE CODE ALLOWS AND IT'S JUST NOT FEASIBLE BECAUSE IT ENDS UP WRAPPING PARKING AROUND TO THE BACK WHERE WE'RE SHOWING THIS, UM, REGENERATIVE STORMWATER OUTFALL. 
          AND THEN FROM YOUR EVENT SPACE, YOU'RE JUST LOOKING AT EVERYBODY'S CAR. 
          UM, WE HAVE ATTEMPTED TO DO A PASS THROUGH AND PROVIDE A SECOND ACCESS TO TRY TO SEPARATE EVERYTHING OUT FROM THE ACTUAL EVENT SPACE. 
          AND THAT WAS DENIED BY, UM, THE COUNTY TRAFFIC DEPARTMENT. 
          THEY DIDN'T WANT A SECOND CURB CUT FOR THIS PROPERTY. 
          SO THE CONSTRAINTS THAT WERE GIVEN TO US TO DESIGN THIS PROPERTY IN NOT IMPACTING ANY OF THE OTHER, UM, EXISTING USES ON THE SITE, AS WELL AS MAINTAINING SEPARATION FROM UNDERNEATH THE POWER LINE EASEMENT. 
          IT KIND OF REALLY DROVE US TO THIS IS THE ONLY SPOT, PUT THE PARKING AND NOT HAVE A BUILDING. 
          AND THEN YOU'RE PARKING AND THEN THIS BEAUTIFUL VIEW OF THE WATERWAY THAT YOU CAN'T SEE. 
          'CAUSE OF ALL THE CARS. 
          THIS FIRM THAT DOESN'T IMPACT ANY OF THESE EASEMENTS AT ALL, IS IT? DOES IT? NO, SIR. 
          THAT GOES ON THE OTHER SIDE OF THE POWER LINE EASEMENT. 
          OKAY. 
          SO YOU'RE BASICALLY TRYING TO KEEP THE, UM, PARKING LOT SO IT'S FACING THE ROAD, YOU KNOW, THE ROAD INSTEAD OF GETTING INTO THE NATURAL. 
          CORRECT. 
          CORRECT. 
          AND THAT IS ALSO AN AREA THAT IS ALREADY CLEARED. 
          SO IT WAS USED FOR, UM, FOR PLANTING OF VEGETABLES AND SUCH IN THE PAST. 
          AND SO THERE WOULD NOT HAVE TO BE ANY REMOVAL OF TREES OR ANYTHING LIKE THAT IN THAT AREA. 
          SO THAT WOULDN'T BE MUCH DIFFERENT THAN WHAT THEY GOT KIND OF HIDING THE SOLAR FARM THERE ON THAT ROAD. 
          CORRECT. 
          MM-HMM. 
          , I BELIEVE THAT. 
          YEP. 
          THAT'S RIGHT. 
          OKAY. 
          ANY OTHER QUESTIONS? UH, THANK YOU GUYS. 
          WE ARE HERE FROM THE COUNTY. 
          THANK YOU. 
          WELL, YOU GUYS READ MY STAFF REPORT. 
          UM, I JUST DON'T SEE THE HARDSHIP. 
          I I MEAN EVERY PROJECT THAT 
          [01:25:01]
BUFORD COUNTY DOES HAS TO HAVE WATER QUALITY AND UH, IT HAS TO BE TREATED BEFORE IT'S DISCHARGED. 
          SO I'M THINKING WHEREVER THIS PARKING IS IS GONNA HAVE TO HAVE WATER QUALITY. 
          THE CODE SPECIFICALLY STATED THAT PARKING SHALL BE BEHIND IN THE, IN THE REAR, NOT UPFRONT. 
          AND THAT'S JUST WHAT IT SAYS. 
          I, I UNDERSTAND THE OYSTER BEDS AND ALL THAT STUFF, BUT THEY, I'M SURE THEY'RE GONNA HAVE TO DO EXCEPTIONALLY GREAT STORM WATER TO NOT AFFECT THOSE OYSTER BEDS. 
          AND WHEREVER THIS PARKING GOES, IT'S ON THE SAME PROPERTY AND IT HAS TO BE, UM, ADDRESSED. 
          SO, SO THE ALTERNATIVE WOULD BE TO MOVE THE BUILDING IN THE FRONT AND THE PARKING IN THE BACK, SOMETHING LIKE THAT. 
          OR MAYBE NOT SUCH A BIG BUILDING AND LESS PARKING. 
          THEY SAY THE PARKING IS GONNA BE IMPERVIOUS. 
          SO, UM, THERE SHOULDN'T BE THAT MUCH RUNOFF, BUT I MEAN, UH, I JUST DON'T SEE A HARDSHIP THAT, THAT THING YOU REFERENCED ABOUT THE PARKING BEING IN THE BACK WITH THE CODE YES. 
          IN THAT ZONING DISTRICT. 
          A LOT MORE LIKE COMMERCIAL BUILDINGS WE'RE BUILDING. 
          BUT THIS IS A, THIS IS AN ASSEMBLY EVENT SPACE. 
          THEY'RE GONNA BE RENTING THIS STUFF FOR WEDDINGS AND WHATEVER. 
          YEAH, BUT IT'S NOT LIKE A HARBOR FREIGHT ON HIGHWAY. 
          NO, NO, NO. 
          IT'S NOT GONNA BE A COMMERCIAL OR RETAIL. 
          LIKE YEAH, IT'S NOT GONNA BE A RETAIL. 
          WELL, EVEN THOUGH THEY HAVE SOMETHING OUT THERE NOW THAT THEY'RE NOT SUPPOSED TO HAVE. 
          BUT, UM, UM, SO ARE YOU SAYING THAT THIS AREA IS PROBABLY JUST NOT SUITED FOR THIS TYPE OF, SAY AGAIN, THIS AREA IS ACTUALLY ZONED, IT'S A CP DISTRICT. 
          MM-HMM. 
           AND THE CP DISTRICT ALLOW THIS. 
          IT DOESN'T ALLOW COMMERCIAL USES, IT ALLOWS THIS FALLS UNDER ASSEMBLY LIKE CHURCHES AND THINGS LIKE THAT. 
          MM-HMM. 
          . 
          SO THAT'S HOW THEY'RE GETTING IN UNDER THAT CATEGORY OF ASSEMBLY. 
          AND IT SPECIFICALLY STATE THAT THE PARKING NEEDS TO BE TO THE REAR. 
          THEY DON'T EVEN WANT IT ON THE SIDE. 
          THEY WANT IT IN THE BACK. 
          SO, SEE THAT WAS MY NEXT QUESTION. 
          YEAH. 
          IF THEY WERE TO PUT THIS, YOU KNOW, REARRANGE THIS, WELL MAYBE SIDE, MAYBE YOU COULD GIVE THEM THE WAIVER FOR THE SIDE OF THE VARIANCE FOR THE SIDE AND, YOU KNOW, BUT IT'LL BE, YEAH. 
          OKAY. 
          ANY OTHER, ANY QUESTIONS? THIS IS SO UNIQUE 'CAUSE IT IS ON THE MARSHES ON THAT WHOLE BACK, YOU KNOW, LIKE IT'S HARD TO I, IT, YEAH. 
          SO IT SEEMED LIKE ON THE SIDE WOULD BE NICE, YOU KNOW, AND THEN THEY CAN HAVE THE TENT OR WHATEVER IT IS THEY'RE GONNA PUT UP AND STILL HAVE THAT VIEW ON THE CP DISTRICT. 
          IT'S STEWART POINT, RIGHT? STEWART POINT? THE STEWART POINT, OKAY. 
          UH, YEAH, I REMEMBER GOING SEABROOK, SEA RESIDENTIAL, SORRY. 
          YEAH. 
          COMMERCIAL, I MEAN SEABROOK COMMUNITY PRESERVATION. 
          YEAH. 
          AND THAT'S THE RESIDENTIAL SECTION OF THAT. 
          MM-HMM. 
          , THAT ZONING DISTRICT. 
          AND THERE'S, AND BUT IT IS STILL SAFE. 
          PARKING IS IN FRONT. 
          I MEAN THE PARKING'S IN THE REAR. 
          YEAH. 
          SO IF SOMEBODY WAS GONNA BUILD A CHURCH, THEY WOULD WANT THE CHURCH UP FRONT AND THE PARKING IN THE REAR. 
          RIGHT. 
          SO YEAH, BECAUSE THOSE ARE THE ONLY USES THAT ARE ALLOWED IN THAT DISTRICT. 
          OKAY. 
          SO IT'S, SO YEAH. 
          THAT'S WHY IT SEEMS KIND OF WEIRD. 
          YEAH, YEAH. 
          YEAH. 
          SO WHEN WE SAY SIDE AND WE'RE LOOKING AT THIS WHERE, WHAT, WHAT'S, WHAT'S THE SIDE? SO 21 IS THE FRONT. 
          MM-HMM, HMM. 
          . 
          MM-HMM. 
          . 
          SO THE SIDE WOULD BE LIKE THIS RIGHT DOWN HERE ON THAT SIDE. 
          YEAH. 
          AND I SEE THAT THEY'RE TRYING TO PUT IT IN, IN THE OPEN AREA. 
          'CAUSE IT USED TO BE FARMING AREA. 
          MM-HMM. 
          . 
          AND, UM, BECAUSE THEN YOU WOULD JUST HAVE TO TAKE OUT A LOT OF THESE TREES, LARGE TREES, LIVE OAKS. 
          YEAH. 
          SO, AND MM-HMM. 
          . 
          AND THEN, AND THEN YOU'RE DOWN HERE TOWARDS THE, YOU'RE CLOSER TO THE WATER. 
          YEAH. 
          BUT ALL THAT HAS TO BE ENGINEERED ANYWAY. 
          AND STORM WATER HAS TO BE DONE AND IT HAS TO BE. 
          UM, DO YOU MIND IF I STEP FORWARD SO I CAN SEE THE AREA THAT YOU'RE THIS SIDE WOULD BE WHERE? ON THAT? ON THAT ALL OVER THERE? HERE OR HERE? OKAY, SO THIS IS A RESIDENCE. 
          SO THIS IS FRANK'S HOUSE. 
          SO THE PARKING LOT WILL GO IN HIS FRONT YARD. 
          THIS IS ALL LIVE OAK COVERAGE LIKE THE, THIS ENTIRE AREA. 
          MM-HMM. 
           BETWEEN ALL THE DIFFERENT LIVE OAKS IS COMPLETELY, THAT CAN'T BE COMPLETELY COVERS THAT AREA. 
          SO IT'D BE SIGNIFICANT REMOVAL OF LIVE OAKS. 
          WHERE'S THE, WHERE'S THE STORE? THAT'S RIGHT HERE. 
          I THOUGHT ALL OF THIS WAS ONE BIG PIECE OF PROPERTY. 
          WHERE'S THE STORE? IT IS. 
          MM-HMM. 
          . 
          IS IT JUST SO I'M CLEAR, THIS LINE, THIS LINE, THIS LINE 
          [01:30:01]
DENOTES IS JUST SIMPLY DENOTING THE AREA THAT WOULD BE UTILIZED BY THE EVENT SPACE VERSUS THE OYSTER OPERATION. 
          AND SO THE OYSTER OPERATION IS THE OYSTER? NO, IT'S BACK HERE. 
          BACK HERE. 
          THE OYSTER OPERATION IS HERE. 
          THIS IS OUR WORKSHOP AND THEN OUR, UM, PROCESSING AREA, OUR HATCHERY, THIS AREA. 
          OKAY. 
          THIS IS A LITTLE EXTRA ORDINARY TO WHAT THIS CODE IS BUILT FOR. 
          SO, AND YOU HAVE PERMISSION FROM, OH, I SHOULDN'T ASK THAT. 
          YEAH, IT'S M POWER ANYWAY. 
          I THINK IT'S OUTSIDE THAT. 
          YEAH. 
          THE BERM WILL NOT BE IN THE POWER LINE EASEMENT. 
          SO THE BERM IS GONNA BE WHERE THE BERM IS UP BUFFER. 
          WHICH IS, WHICH IS ALLOWED FOR YOUR CODE. 
          OKAY. 
          BETWEEN THE HIGHWAY AND THE POWER LINE. 
          I, OKAY, HERE'S THE PROPERTY LINE. 
          ALL OF THIS IS, IS POWER LINE EASEMENT. 
          SO WHERE WOULD THE BERM THOUGH? I BELIEVE THE BERM IS GOING LIKE RIGHT THROUGH HERE. 
          NATHAN, DID YOU WANNA YEAH. 
          CLARIFY THAT. 
          YEAH. 
          AND ARE WE GONNA ALLOW IT IN THE  BUFFER? UM, SO IS THERE MORE POWER RIGHT HERE? 60 FEET. 
          HERE'S THE 50 FOOT ARTERIAL BUFFER. 
          MM-HMM. 
          . 
          AND SO WE DO HAVE SOME SPACE IN BETWEEN THAT, THAT IF YOU, ALTHOUGH THE CODE DOES ALLOW THE BURN, THE LANDSCAPE BURN IN THE BUFFER THAT WE COULD PUT IT BEHIND THE BUFFER AND STILL BE OKAY. 
          AND STILL BE OUT OF IT. 
          YOU MEAN LIKE WHERE IT SAYS THE STREET SETBACK IN THAT AREA? UM, SO HERE'S THE EDGE OF THE, UM, THE EASEMENT. 
          IF YOU GUYS CAN SEE RIGHT HERE. 
          MM-HMM. 
          . 
          WHERE'S THAT 60 FOOT? RIGHT? HERE'S THE BUFFER. 
          SO YOU HAVE, OH, THERE PROBABLY 20 FEET. 
          OKAY. 
          TO, TO WORK WITH MR. THIS STATE ON THIS THING. 
          UM, THIS IS ONE TO 50 AND UM, TAYLOR'S POINT, WE DO HAVE TO ADDRESS STORM WATER QUALITY NO MATTER WHAT WE DO. 
          YEAH. 
          WHEREVER YOU PUT IT, YOU'RE GONNA HAVE TO TAKE CARE OF THE STORM WATER. 
          YES SIR. 
          AND, BUT WE'VE GONE A STEP ABOVE AND REALLY TRIED TO PROVIDE, UM, MORE NATURAL FEATURES. 
          THIS IS A, A KIND OF RSO UNIT THAT'S BEING PLAYED OFF OF AN EXISTING OUTFALL DITCH THAT WE'RE JUST IMPROVING IT AND WE'RE PROVIDING MORE WATER QUALITY WHEN IT'S REALLY NEEDED TO TRY TO PROTECT THOSE OYSTER DRAIN. 
          AND THEN IT GETS YOU'RE GONNA DISCHARGE INTO THE MARSH? YES, MA'AM. 
          HM. 
          BUT NOT IN THE CRITICAL AREA. 
          THERE'S AN EXISTING DITCH THERE. 
          THE PROPERTY IS CURRENTLY DITCHED WITH, YOU'RE MAINTAINING EXISTING DRAINAGE PATTERNS. 
          THERE'S A SEPTIC SYSTEM GOING, I SAW IT. 
          AND REMEMBER IN COMPLIANCE WITH, UM, SEPTIC SETBACKS AND, UM, WE HAVE THE, THE PROPERTY HAS HAD A, A SEPTIC SCIENTIST OUT THERE AND, AND THIS IS AN AREA THAT'S APPROPRIATE FOR SEPTIC IN TERMS OF SOIL. 
          I MEAN, IT'S UP TO YOU GUYS. 
          YEAH, I THINK IT'S A LITTLE DIFFERENT HERE. 
          I KNOW, I MEAN, I WOULD HATE TO SEE THEM PUT A PARKING LOT IN THE LOT. 
          IT REALLY KIND SEEMS LIKE THE ONLY APPROPRIATE I TURNED IT. 
          YEAH, I SAW THIS IS THE ONE THAT TOUCHES RIGHT DOWN. 
          I COULDN'T READ IT DIFFERENT IN THAT LAST, OH, IT'S RIGHT HERE. 
          NOW THIS IS POSSIBLE HERE. 
          YOU SAYING RIGHT TO DO WITH THEM. 
          YOUR CODE DOES ALLOW FOR IT TO BE IN THE BOOK OR, BUT IF THEY DON'T WANT THAT. 
          OKAY, THANK YOU. 
          YEP. 
          ABSOLUTELY LOVE IT. 
          ALRIGHT. 
          UM, THANK YOU. 
          WE'RE GONNA MOVE ON. 
          UM, SO WE'VE HEARD FROM THE APPLICANT AND THE COUNTY, UM, UNDERSTANDING THAT THIS MAY BE JUST A LITTLE DIFFERENT, BUT YOU KNOW, I'LL LET YOU GUYS PUT THE MOTION ON THE FLOOR. 
          WE CAN HAVE A DISCUSSION. 
          PUBLIC COMMENT. 
          UH OH, PUBLIC COMMENT. 
          YES. 
          WE HAVE PUBLIC COMMENT. 
          MR. JACK, HOW DO YOU, HOW ARE YOU DOING? NAME IS, UH, JACK BULKER. 
          I LIVE AT 2111 TRA PARKWAY RIGHT NEXT TO FRANK ON THE NORTH SIDE. 
          OKAY. 
          UH, I JUST SAW THE DRAWINGS FOR THE FIRST TIME YESTERDAY. 
          UH, WHEN I CAME AND TOOK A LOOK, UH, I SENT SOME CONCERNS IN A EMAIL TO HILLARY. 
          I WAS HOPING THAT'D BE A, A PART OF THE RECORD. 
          UH, I'M CONCERNED ABOUT THE STORM WATER AND THE FLOODING. 
          UH, JUST IN AUGUST THERE WAS ALREADY A LARGE LAKE OF WATER ON THE FRONT OF MY PROPERTY, RIGHT AT 21, UH, IN THE FRONT DITCH, EXCUSE ME, IN THE 
          [01:35:01]
FRONT DITCH. 
          AND, AND THERE IS ALSO, UH, A LOT OF NATURAL FLOW OF STORM WATER THAT COMES THROUGH FRANK'S PROPERTY THROUGH A LITTLE DITCH. 
          I'M, I'M A LITTLE TRIANGULAR PROPERTY. 
          MM-HMM. 
           ON THE RIGHT SIDE IS FRANK, AND ON THE LEFT IS A CREEK THAT CREEK IS, AND, AND ON THE OTHER SIDE, THAT CREEK IS TEAL BLUFF. 
          MM-HMM. 
          , IF YOU'RE FAMILIAR WITH THE AREA, THAT CR, THAT LITTLE CREEK THAT COMES OFF OF MCCAULEY IS ACTUALLY THE END OF IT. 
          AND, AND THE WHOLE DITCH AND 21 COMES TO AN END ALMOST RIGHT THERE. 
          ALL OF THAT DEBRIS IS COMING RIGHT INTO MY PROPERTY. 
          UH, I COULD SHOW YOU PICTURES FROM AUGUST GIANT LAKE RIGHT IN FRONT. 
          UM, THE FLOODING IS A CONCERN IF THERE'S A GIANT ASPHALT PARKING LOT, 84 SPACES, 101 SPACES. 
          AND THEN THERE WAS SOMETHING ABOUT A ANOTHER 101 SPACES. 
          WHAT DOES THAT MEAN? 200 SPACES? UH, IN THE, IN THE DOCUMENT, UH, IT'S A LOT OF, LOT OF WATER COLLECTING. 
          AND THEN THERE'S A BASIN, AND THEN THE BASIN HAS A, UH, A SPILLWAY. 
          AND THAT SPILLWAY IS COMING RIGHT TO WHERE ALL OF THAT WATER COMES IN FROM FRANK'S PROPERTY. 
          MM-HMM. 
          . 
          NOW IN A NATURAL WAY. 
          I, THAT'S NO CONCERN OF MINE BECAUSE EVEN IN THE THREE YEARS I'VE BEEN THERE, UH, I HAVEN'T SEEN FLOODING WHERE I LIVE. 
          BUT, UH, IF THERE'S A GIANT PARKING LOT, I THINK THAT'S GONNA INCREASE DRASTICALLY. 
          DRASTICALLY. 
          SO I HAVE A CONCERN ABOUT THAT. 
          THAT'S MY ONLY CONCERN. 
          I'M AN EASYGOING NEIGHBOR. 
          I DON'T REALLY STIR UP, STIR THE POT, BUT, BUT IN, IN THIS CASE, I'M CONCERNED ABOUT STORM WATER. 
          RIGHT. 
          AND, AND THE STORM, UM, YOU KNOW, THE, I THINK THERE'S NEEDS, I'D LIKE TO SEE THE IRRIGATION PLANT. 
          RIGHT. 
          UM, I SAW A COUPLE LITTLE SPILLWAYS OR LITTLE, LITTLE, UH, PONDS AROUND THE, THE PARK AND I'VE SEEN IT JUST FOR THE FIRST TIME YESTERDAY. 
          MM-HMM. 
          . 
          SO I'D LIKE TO BE A PART OF THE CONVERSATION. 
          RIGHT. 
          UH, IF THEY CAN REDIRECT THAT SPILLWAY AND MAYBE THAT'S A GOOD CONVERSATION THAT YOU CAN HAVE WITH STONE WATER. 
          WITH WHO? WELL, AND, AND I THINK IT'S NOT SO MUCH EVEN THE VARIANCE, IT'S THE ACTUAL HAVING A PARKING LOT THERE, WHICH IS THE COUNTY WOULD'VE ALLOWED. 
          BUT THE STORMWATER REQUIREMENTS, I MEAN THE CORRECT IT SEEMS LIKE THE PARKING, ARE YOU, ARE YOU ON THE OTHER SIDE OF TRACK? UH, OF I'M, NO, I'M, I'M, I'M DIRECTLY RIGHT NEXT TO HIM. 
          UH, IF YOU, IF YOU LOOK AT THAT SPILLWAY TO THE NORTH. 
          YES. 
          AND THERE'S ACTUALLY A CREEK RIGHT NEXT TO ME. 
          I MEAN THAT CREEK HAS THREE FOUR FEET OF WATER AT, AT, UH, HIGH TIDE. 
          BUT TECHNICALLY AT THE SIDE YARD, THE PARKING COULD BE PUT CLOSER TO YOU. 
          YEAH. 
          IF WE PUT IT ON THE SIDE, IT WOULD ACTUALLY BE, AND AND TO HIS POINT THERE IS, IS NO ASPHALT BEING PROPOSED ALL EARLY MATERIALS. 
          IS IT? I CAN'T. 
          AND, UM, YOU, I CAN'T HEAR. 
          WE ARE REDUCING FLOW. 
          EXCUSE ME SIR. 
          YEAH, IF YOU COULD COME UP TO THE MIC PLEASE. 
          HE MIGHT BE ABLE TO ADDRESS SOME OF YOUR CONCERNS. 
          OKAY. 
          YEAH. 
          IF HE CAN COME TO THE MIC. 
          'CAUSE YOU KNOW, WE, WE NEED TO HEAR AS WELL AS THE OUTSIDE. 
          SURE. 
          NATHAN STUR, CIVIL ENGINEER AGAIN. 
          UM, IF TO, UM, MR. BURLEY'S POINT, IF WE WERE TO MOVE THE PARKING BACK, THAT WOULD ONLY MOVE THAT, UM, RUNOFF CLOSER TO THE CRITICAL AREA WHICH WE'RE TRYING TO AVOID. 
          WHAT WE'VE DONE HERE IS LENGTHEN THE HYDRAULIC PATH THAT ALL THIS TAKES AND FORMS A TREATMENT TRAIN MOVING FROM ONE CELL TO ANOTHER TO ANOTHER, ALLOWING AS MUCH SEDIMENT AS WE CAN TO CAPTURE, WHICH IS WHAT THE SEDIMENT IS, WHAT TRAPS THE POLLUTANTS IN THERE. 
          AND THROUGH A MIX OF JUST CAPTURING THAT SEDIMENT, THE NATIVE PLANTS, WE'RE GONNA PROPOSE IN THESE BASINS, WE'RE GOING TO IMPROVE THE CONDITIONS OF WHAT'S BEING DISCHARGED TO THE OUTFALL FROM THE CURRENT SCENARIO, INCLUDING ANY FLOODING THAT MAY BE OCCURRING. 
          AND WE, WE CAN DEFINITELY TAKE A LOOK AT THIS SPILLWAY, IF THIS IS YOUR BIG CONCERN, THAT'S NOT A MAKE IT OR BREAK IT FOR THIS PROJECT. 
          I MEAN, YEAH, SIR. 
          I HAVE A QUESTION. 
          YES SIR. 
          HOW MUCH OF THIS COULD YOU MAKE PERVIOUS TO HELP ALLEVIATE SOME OF THIS IN TERMS OF THE PARKING LOT? THE PARKING LOT? WELL, IT, IT COMES DOWN TO GRAVEL. 
          IT'S ALL GRAVEL. 
          SO, UM, IT NEEDS TO HOLD UP TO A FIRE TRUCK. 
          SO WE NEED EIGHT INCHES OF GRAVEL GRADED AGGREGATE BASE COURSE TO HOLD UP TO A FIRE TRUCK LOAD. 
          UM, THE PARKING SPACES COULD IN THEORY BECOME A, A MORE PERVIOUS MATERIAL GRASS OR A GRAVEL OR A, A MULCH OR SOMETHING ALONG THOSE LINES. 
          BUT THAT'S A MAINTENANCE CONCERN AND THAT'S ALL JUST GONNA END UP WASHING OUT INTO OUR STORMWATER FEATURES AND REALLY NOT ACHIEVE WHAT WE'RE TRYING TO GO FOR HERE. 
          DID YOU SAY FROM THIS PROPERTY THE DRAINAGE OR THE RUNOFF IS COMING TO YOUR PROPERTY? YEAH, THERE'S A LITTLE DITCH THAT RUNS. 
          I MEAN, WHEN, WHEN 
          [01:40:01]
I'LL, I'LL HAVE SOMETIMES, UH, 10 INCHES OF WATER. 
          I CAN WALK RIGHT THROUGH 10 INCHES OF WATER AND IT SPILLS FROM HIS PROPERTY THROUGH A DITCH INTO THE, INTO THE, SO IT GOES INTO THE DITCH NORTH MARSH, NOT NECESSARILY ONTO YOUR PROPERTY. 
          UH, THIS, THIS IS THE BIG OUTFALL DATES THAT COMES ALONG THE ROAD AND THEN COMES OUT. 
          THERE'S LITTLE DITCHES BACK HERE. 
          THERE'S LITTLE DITCHES. 
          OKAY. 
          WE'RE NOT GONNA IMPACT ANYTHING. 
          AND THAT, THAT, THAT SPILLWAY LEADS RIGHT INTO THE DISH THAT LEADS RIGHT INTO MY PROPERTY. 
          OKAY. 
          SO IF THAT'S SPILLWAY IS REROUTED, UH, REDIRECTED, UH, I MEAN I'M NOT HERE TO MAKE ANY TROUBLE. 
          YEAH, YEAH. 
          AND, AND I'M QUITE SURE THE COUNTY WILL, UH, WHATEVER QUESTION IS CONCERNED, I MEAN, IF YOU CAN PROBABLY CONTACT THE COUNTY AND MAYBE THEY'LL GET LIKE EMAIL A NUMBER AND KEEP YOU IN THE LOOP. 
          I CAN PRESENTATION, I CAN DO DO AN ONLINE PRESENTA OR I CAN SEND A PRESENTATION TO HILLARY. 
          I CAN UM, WE CAN GET HIS EMAIL AND, AND TO WHO AND TO ALL PARTIES FOR THEIR, UM, REVIEW. 
          RIGHT. 
          THE STAFF REVIEW TEAM. 
          WE CAN LET HIM BE A PART OF IT THAT IT'S GONNA BE REVIEWED. 
          RIGHT. 
          HE CAN COME TO THE MEETING. 
          OKAY. 
          WILL THAT WORK? PLEASE PUT MY NAME ON THE, UH, DIS DISTRIBUTION. 
          YES. 
          SO WHEN THEY COME TO THE REVIEW, WHEN THEY COME BACK FOR THE REVIEW, SHE WILL INVITE YOU TO THAT REVIEW WHEN THEY COME, WHEN THE TEAM COME TOGETHER SO THAT YOU CAN SEE THE, THE PLAN OF WHAT THEY'RE PROPOSING WILL PROVIDE YOU, YOU KNOW, CONVERSATIONS  AS WE PROGRESS. 
          YEAH. 
          IF, IF, IF THAT WILL HELP YOU OUT WITH SOME OF YOUR CONCERNS. 
          I'M GONNA OPEN THAT. 
          THANK YOU SIR. 
          SO YES, SHE'LL GET, IF YOU JUST GET RID WITH THE STAFF AND THAT WAY SHE CAN GET YOUR CONTACT RECEIVED SOME OF YOUR CONTACT. 
          OH YEAH, SHE HAS MY, I THINK I'VE ALREADY SENT HER STUFF IN. 
          OKAY. 
          ALRIGHT, WELL SHE'LL KEEP YOU IN THE LOOP THEN. 
          THANK YOU. 
          YES SIR. 
          THANK YOU. 
          SO WITH THAT BEING SAID, WOULD ANYBODY LIKE TO PUT A MOTION, MS. FLOOR? I'LL MAKE A MOTION THAT WE GO AHEAD AND APPROVE THE VARIANCE. 
          SECOND. 
          SO IT'S A MOTION ON THE FULL TO APPROVE THE VARIANCE. 
          UH, PROPERLY MADE IN SECOND. 
          ALL IN FAVOR OF APPROVING THE VARIANCE SO THAT THIS BEEN APPROVED. 
          UM, OH. 
          ANY OLD BUSINESS, 
          [15. NEW BUSINESS - Adoption of 2025 Meeting Schedule]
NEW BUSINESS ADOPTION OF THE 2025 MEETING SCHEDULE. 
          HAVE EVERYONE HAD AN OPPORTUNITY TO REVIEW IT? YES. 
          IF SO, GET SOMEONE TO MAKE A MO MOTION TO ADOPT IT. 
          I'LL MAKE A MOTION TO ADOPT IT. 
          SECOND PROPERTY MADE IS SECOND BY THE SAME. 
          OKAY. 
          ALL IN FAVOR OF ADOPTING THE 20 25 25 UH, SCHEDULE. 
          ALRIGHT, UM, MOTION TO ADJOURN. 
          YES. 
          STILL MOVED. 
          PROPERTY MADE. 
          AND SECOND. 
          ALL IN FAVOR? AYE.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.