[00:00:07]
          . SCHEDULE ZONING BOARD OF APPEAL MEETING CAN EVERYONE HEAR ME CLEARLY? NO. CAN YOU HEAR ME NOW? IS THAT A LITTLE BETTER? GET THE AIR TURNED OFF MISERABLE. 
          [1. CALL TO ORDER]
NEED THAT AIR? WELL, WE'LL JUST TRY TO SPEAK A LITTLE LOUDER BUT GOOD AFTERNOON AND WELCOME TO OUR SCHEDULED ZONING BOARD OF APPEAL MEETING. 
          THE TIME NOW IS 503 AND WE BRING OUR MEETING TO ORDER. IT IS OUR CUSTOM THAT WE BEGIN US WITH THE PLEDGE OF ALLEGIANCE. HOWEVER WE DO HAVE A FLAG LIKE IT THERE BUT WE WILL STILL STAND AND. WE DO HAVE A SMALL FLAG OVER HERE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH STANDS ONE NATION UNDER GOD, INDIVISIBLE ALL WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. IF ANYONE IN HERE IS WOULD LIKE TO BE A PART A PUBLIC COMMENT THERE IS A FORM RIGHT HERE AT THIS FIRST TABLE IF I COULD GET YOU GUYS TO FILL THAT FORM OUT AND MARK ON HERE WHICHEVER ITEM YOU WOULD LIKE TO SPEAK ON NOTICE THAT PUBLIC COMMENT YOU HAVE UP TO 3 MINUTES. SO I JUST WANTED TO LET EVERYONE KNOW THAT YOU KNOW, SO THAT WE CAN STAY IN A TIMELY MANNER NOTIFICATIONS WE GO WITH 
          [4. ADOPTION OF AGENDA ]
OUR NOTIFICATIONS. THANK YOU. ADOPTION OF THE AGENDA. 
          I GET SOMEONE TO MAKE A MOTION TO ADOPT THE AGENDA. MR. CHAIRMAN, I UNDERSTAND THAT ITEM NINE IS NOT HERE. I UNDERSTAND THAT ITEM NINE HAS BEEN REMOVED FROM THE AGENDA. 
          SO I WOULD LIKE TO ADOPT MAKE A MOTION TO ACCEPT THE AGENDA AS SUBMITTED WITH THE REMOVAL OF ITEM NINE AND ITEM TEN WHICH IS THE PUBLIC COMMENT SECTION. SO TO ADOPT THE AGENDA HAS BEEN PROBABLY MADE IN SECOND WITH THOSE CONDITIONS ALL IN FAVOR. I THEN PASSED APPROVAL OF THE 
          [5. APPROVAL OF MINUTES – March 27, 2025 ]
MARCH 27 MEETING. HAVE EVERYONE HAD THE OPPORTUNITY TO REVIEW MINUTES? MR. CHAIRMAN, WE HAVE TO MAKE CHANGE ON THE LAST PAGE OF THE MINUTES WHERE IT STATES PUBLIC COMMENT MRS. FREDRIC CALLED FOR PUBLIC COMMENT. SHE RECUSED HERSELF DURING MEETING. SO I WAS THE ONE TO CALLED FOR PUBLIC COMMENT. 
          TAKE THAT ON HER. OKAY SO THERE IS A MOTION THE FLOOR TO ADOPT THE MINUTES OF MARCH 27TH WITH THOSE CHANGES. MAY I GET SOMEONE TO SECOND THAT MOTION A SECOND SO IT'S BEEN PROBABLY MADE A SECOND ALL IN FAVOR. 
          I KNOW THAT I WAS UP BECAUSE I WAS NOT AT THAT MEETING. ITEM NUMBER SIX WHICH HAS BEEN 
          [6. Case:2024-CP-070-01982, Lisa Prutsman vs. Beaufort County, Special   Use Permit for Lodging, Short-Term Rental was remanded back to the   ZBOA.  The property is located at 129 Sea Pines Drive, St. Helena   Island.  The property is zoned T2-Rural (T2R)]
REMANDED BACK TO US WHICH IS THE POLICEMAN VERSUS BEAUFORT COUNTY ESPECIALLY USE. 
          MR. TOM TAYLOR, WOULD YOU LIKE TO COME FORWARD WITH MR. CHAIRMAN AND BOARD MEMBERS CAN YOU HEAR ME OKAY? CAN BRING IT CLOSER TO US. DO YOU MIND THE JUDGE TO LET ME DO THIS OVER THAT A.C. IS SO NOISY LIFT IT UP A LITTLE BIT. THERE YOU GO. 
          IS THAT OKAY? LET ME ASK THE QUESTION. MR. TAYLOR, BEFORE YOU GET STARTED, DO WE HAVE ANY CONTROL OVER THE AIR IN THIS BUILDING, ANY OF THE COUNTY STAFF? NO. OKAY. I CAN AS YOU WERE AS CHAIRMAN. 
          YES. BOARD MEMBERS. GOOD AFTERNOON. 
          I'M TOM TAYLOR. I'VE HAD THE HONOR OF APPEARING BEFORE YOU BEFORE. 
          A LITTLE BIT LATER I WILL MAKE I'M TOM TAYLOR AND I WILL TRY TO SPEAK LOUD SO EVERYONE CAN HEAR ALTHOUGH IT MAY NOT BE THAT URGENT THAT THEY DO. IT IS AN HONOR FOR ME TO BE HERE TODAY REPRESENTING MR. PRUITT, SAM AND HIS WIFE LISA COULD NOT BE HERE. 
          YOU ALL ARE AWARE OF THIS FROM JULY OF LAST YEAR. THIS IS AN APPLICATION FOR A SPECIAL PERMIT FOR A LODGING SHORT TERM RENTAL AT 129 C PINES DRIVE ON SAINT HELENA. 
          THE RECOMMENDATION IS FOR APPROVAL OF THIS. I WON'T BORE YOU ALL WITH GOING THROUGH EVERYTHING WE FEEL IT MEETS THE CRITERIA UNDER THE CDC OF 7 TO 130 D. 
          AGAIN HILLARY HAS BEEN KIND TO SET THAT FORTH AND IT IS ON THE APPROVAL WE ASKED FOR YOUR CONSIDERATION OF APPROVAL. THE APPROVED SUMMONS ARE VERY ADAMANT THAT THEY WILL WORK WITH THE RENTERS TO MAKE SURE THAT NOT ONLY IS THE TURTLE PROTECTION ORDINANCE ADHERED TO 
          [00:05:02]
BUT THAT ALSO THEY ARE GOING TO MAKE EVERY EFFORT THEY CAN TO ENSURE THAT THIS IS USED IN A WAY THAT THE COMMUNITY HOPEFULLY WOULD NOT KNOW THAT THERE WAS NOT A RESIDENT LIVING THERE. THEY WILL DO EVERYTHING POSSIBLE TO TRY ENSURE THAT WE ARE AWARE THAT THERE HAVE BEEN SOME ISSUES ON THE BEACH AREA THERE BUT IT WOULD APPEAR FROM WHAT TELLS ME AND THE PHOTOGRAPHS THAT I'VE SEEN THAT MOST OF THIS IS NON RENTAL RELATED FROM ANY OF THIS. THERE ARE OF COURSE SEVERAL PERMITS IN THIS AREA THAT HAVE ALREADY BEEN GIVEN THEM WITHOUT TAKING TOO MUCH OF YOUR TIME I WOULD RESPECTFULLY ASK THAT YOU SUPPORT THIS APPLICATION AND BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. 
          IS THERE ANY QUESTIONS FOR THE APPLICANT? WELL, I'D JUST LIKE TO SAY THAT WHEN WE DO MOVE ON TO THIS APPLICANT WE WERE IN MEDIATION AND 5 MINUTES LATER YOU WALK THEM. WE CAN'T WE HAVE NO CONTROL OVER THEIR CONDITION. 
          I HAVE NO CONTROL OVER THAT EITHER. I THINK HAVE IT UP AS HIGH AS THEY CAN BRING IT. WE NEED TO PULL UP CLOSER OR IS IT EVEN FOR PEOPLE FROM THIS PROPERTY? SO AS I WAS SAYING THE WHEN WE MAKE THE MOTION FOR THIS APPLICANT I MEAN WE WERE IN THE MEDIATION AND DURING THE MEDIATION TIME I KIND OF REFLECT BACK ON THE REQUIREMENTS THAT ARE REQUIRED THAT WE ARE REQUIRED TO GO BY WHICH. I STRUGGLED DOING THAT MEDIATION TO FIND A REASON TO REALLY DISAPPROVE APPLICATION I MEAN BASED ON THE CRITERIAS THAT'S PRESENTED BEFORE US. 
          SO THAT IS WHY THIS IS BEING REMANDED BACK TO THE BOARD FOR A RECONSIDERATION ON THE ON THIS THIS PARTICULAR. SO IF WE DO NOT HAVE ANY QUESTIONS FOR MR. TAYLOR I WOULD LIKE TO HEAR FROM THE COUNTY IF NEED BE. YOU SIR. 
          THANK YOU. YEAH. PLEASE COME TO THE MOTEL. 
          THE LAST TIME WE HAD THIS PROJECT IN FRONT OF US I RECOMMENDED APPROVAL BECAUSE THIS PROPERTY DID HAVE ANY COVENANTS AND RESTRICTIONS THAT WOULD PROHIBIT THE USE AND THEY MET ALL THE REQUIREMENTS FOR SPECIAL SO STAFF WERE COMMENDED . 
          RIGHT. IS THERE ANY QUESTIONS FOR THE STAFF WITH THE CONDITION THAT THEY PAY ATTENTION TO THE LIGHTING AND ALL THAT STUFF AND DIVISION 5.11.50. C .1.2. 
          THANK YOU YOU. DO ANYONE ANY QUESTIONS CONCERNED ABOUT THIS ITEM BEFORE WE MOVE INTO OUR LEGAL WE HAVE PUBLIC COMMENT FIRST BUT WE. 
          OKAY. YEAH I'M AWARE THAT. OKAY. 
          IS THERE ANY ANY OTHER FOR THE COUNTY OR THE APPLICANT? BUT AT THIS POINT WE ARE MOVING 
          [7. Public Comment.]
TO OUR PUBLIC COMMENT MR. CRAIG CROSS US. GOOD AFTERNOON. 
          I'M CRAIG CROSS AND I LIVE AT 137 SEAT DRIVE. I THINK THE BEST WAY TO DESCRIBE PROCESS IT'S BEEN PERMITTING BY EXHAUSTION. WE HAVE BEEN HERE NOW FOUR TIMES. THE COMMUNITY ITSELF HAS COME TOGETHER TO BASICALLY OPPOSE THIS. YOU'VE HEARD OUR ARGUMENT BEFORE WHETHER THEY'VE BEEN ENVIRONMENTAL ECOLOGICAL SAFETY OF OUR PROPERTY, SAFETY OF THE PEOPLE, THEIR WHEN THE STATE OF SOUTH CAROLINA BASICALLY WE DO NOT WANT SHORT TERM RENTALS EXCEPT UNDER SPECIAL CIRCUMSTANCES. THEY WERE REFERRING TO SITUATIONS WHERE THE COMMUNITY ITSELF SUPPORTS AND IT HAS THE INFRASTRUCTURE TO ADMINISTER IT . 
          WHILE THERE MAY BE NO COVENANTS HAVING SHORT TERM RENTALS WE DO NOT HAVE THE INFRASTRUCTURE. 
          WE ARE IN THE COUNTY. WE DO NOT HAVE AWAY AND THE COMMUNITY IS BASICALLY OPPOSED 
          [00:10:08]
TO THIS. WE HAVE BROUGHT THIS BEFORE YOU MANY AND AGAIN THERE'S NO SENSE AS THE COUNCILMAN SAID AS COUNSEL JUST SAID FOR THE APPLICANT YOU'VE HEARD ALL THE ARGUMENTS BUT WHAT YOU REALLY HAVEN'T HEARD IS ANYBODY STANDING UP AND IN SUPPORTING IT. THE COMMUNITY BEEN VERY MUCH AGAINST THIS FROM THE BEGINNING. AND WHAT IS BEING SOMEWHAT DISAPPOINTING ME AS A PERSON OF THE COMMUNITY IS THAT BOARD AT TIMES HAS WANTED TO GIVE DEFERENCE TO THE APPLICANT. 
          AND THIS WAS PROBABLY BEST DEMONSTRATED IN MY WHEN THE BOARD VOTED IT WAS A TIE VOTE. 
          IT WAS CLEAR THAT THE ADMINISTRATOR SAID IN A TIE VOTE IT IS DENIED AND. 
          MR. CHAIRMAN YOU WERE VERY RELUCTANT TO DO FOR WHATEVER REASON AND IT JUST THE QUESTION THAT I HAVE IS THAT THIS BOARD IS HERE TO SERVE THE COMMUNITY THAT THE COMMUNITY IN THIS CASE HAS COME TOGETHER MULTIPLE TIMES FOUR TIMES NOW TO OPPOSE THIS AND. 
          YET HERE WE ARE AND WE DON'T FEEL LIKE BEING HEARD. AND THE QUESTION YOU KNOW, WHAT MORE CAN WE DO TO JUST BECAUSE THERE IS NO RESTRICTION ON HAVING IT, DOES IT MEAN THAT WE SHOULD HAVE IT? AND MR. CHAIRMAN, I I HESITATE IN DOING THIS. 
          I DON'T WANT TO UPSET THE THE BOARD THAT DOESN'T GO IN OUR FAVOR. 
          BUT GIVEN YOUR PAST RELUCTANCE ,I'M GOING TO ASK IF YOU WOULD RECUSE YOURSELF FROM THIS VOTE BECAUSE I'M NOT SURE YOU'VE APPROACHED IT WITH AN OPEN MIND AT TIMES AND THAT'S ALL I HAVE TO SAY. AND BY THE WAY, THERE IS NOTHING IN RULES THAT LIMITS PUBLIC COMMENT TO 3 MINUTES AT LEAST IN YOUR THAT ARE ON LINE AND TO DO AT THIS POINT YOU KNOW IF SOMEBODY NEEDS MORE TIME I WOULD ASK YOU THAT YOU CRAFT IT FOR THEM. 
          THANK YOU VERY MUCH. EXCUSE ME. SO YOU WANT ME TO RECUSE MYSELF BASED ON WHAT? BUT BASED ON YOUR MY OBSERVATIONS OF HOW YOU'VE APPROACHED THIS SPECIFIC ITEM IN THE YOUR RELUCTANCE WHEN THE BOARD VOTED 3 TO 3 TO ACCEPT THAT IT WAS IT FELT LIKE YOU REALLY WANT THIS TO GO FORWARD . 
          I'M SORRY, BUT THERE'S BEEN, YOU KNOW, CONSISTENT COMMUNITY ,YOU KNOW, SAYING NO WE DON'T WANT IT NO WE DON'T HAVE THE INFRASTRUCTURE TO SUPPORT IT. YES, WE ARE CONCERNED ABOUT SAFETY OF THE PROPERTY SAFETY OF THE DUNES. WHEN WE TALK ABOUT SAFETY IT'S DIRECT AND INDIRECT DIRECT FROM POTENTIAL RENTERS THAT YOU KNOW WHEN YOU'RE IN THERE FOR THREE OR FOUR DAYS I'M SORRY IT'S NOT LIKE LIVING AT THE PROPERTY YOU THEY CAN DAMAGE THE DUNES. 
          THAT PUTS A GREATER RISK AND WE HAVE SEEN THAT AND WHEN YOU'RE AT THE END OF THE ROAD I DON'T KNOW IF YOU'VE BEEN DOWN POINT AND TURN RIGHT ON JENNETTE YOU RUN OUT OF PAVEMENT AND IT TAKES A LONG TIME FOR ANY TYPE OF HELP TO ARRIVE AND THESE THESE POINTS FELL ON DEAF EARS IN MY OPINION AND WATCHING THE COUNCIL OVER A PERIOD OF TIME AND WATCHING HOW YOU HEARD THAT YOUR RELUCTANCE TO ACCEPT THE 3 TO 3 TIE VOTE AS A AS A NEGATIVE AND IT'S FOR THOSE REASONS. YOU KNOW I'VE LEARNED A LOT COMING TO FOUR MEETINGS I CAN BE TAUGHT AND IT IS BASED ON THOSE POINTS I'M ASKING YOU FROM MY PERSPECTIVE TO RECUSE YOURSELF IF THERE ARE ANY OTHER QUESTIONS I'LL CERTAINLY TRY TO ADDRESS THE YES. 
          SO JUST WANTED TO CLARIFY IS IT THAT I AM FOR OR AGAINST AND ARE RELUCTANT TO MAKE AN ACTION ? HOWEVER I GO BY THE CDC AND THE REQUIREMENTS IN WHAT IT SAID. 
          YES, SIR. AND BUT THE WAS WHEN YOUR ADMINISTRATOR EXPLAINED TO YOU THAT A TIE VOTE WAS A DENIAL IT WAS I INTERPRETED YOUR ACTIONS AS BEING ONE AS BEING VERY AGAINST THAT AND BASED ON BASED ON THIS EXHAUSTIVE PROCEDURE WE'VE HAD FOR THIS ONE. 
          I MEAN IT'S NOW BEEN MONTHS AND I GET IT. YOU KNOW, WHEN WE TALK ABOUT MEDIATION THERE'S BEEN NO MEDIATION WITH THE COMMUNITY YOU KNOW, I DON'T KNOW YOU KNOW 
          [00:15:03]
AGAIN MAYBE THERE'S MEDIATION WITH THE BOARD AND IT AND I UNDERSTAND THAT MEDIATION YOU KNOW IT'S ALL TERMS OF HOW YOU'RE USING THE TERM BUT THERE'S BEEN NO ONE COME TO THE COMMUNITY THAT I'M AWARE OF AT LEAST KNOW IT'S COME TO ME PERSONALLY AND YOU KNOW CRAIG THIS IS HOW WE'RE GOING TO DO THIS WE WE ARE WE ARE GOING TO VET THESE PEOPLE IN A CERTAIN WAY. NONE OF THAT'S BEEN DONE. YOU KNOW, IF YOU GET ON AIRBNB OR VR BIO YOU GET WHAT YOU GET YOU KNOW YOU'RE BASED OTHER PEOPLE'S REVIEWS I'M SORRY YOU KNOW AND I'M 90% OF THE PEOPLE THAT MAY READ IT ARE GOING TO BE GREAT. 
          BUT I'LL TELL YOU WHAT WHEN YOU'RE AT THE END OF THE ROAD WHEN SOMETHING DOESN'T GO RIGHT, IT'S A PROBLEM AND WE'VE HAD PROBLEMS WITH PEOPLE DOWN THERE AND AND WE WHAT WE'RE TRYING TO DO AS A COMMUNITY IS SIMPLY LIMIT THOSE PROBLEMS. WE'VE GOT KIDS WE'VE GOT YOU KNOW, HALF MOST OF US ARE RETIRED. YOU KNOW, WE'RE NOT GOING TO JUMP OUT THERE AND TRY BREAK UP FIGHTS OR WHATEVER OR LISTENING TO WHATEVER IS GOING ON. 
          I'M SORRY. AND THOSE YOU OUR COMMENTS FROM MY PERSPECTIVE THREE MEN HAVE REALLY FELL ON DEAF EARS. THANK YOU, SIR. AND LINDA LINDER MANY, MANY LINDA COMMENTS WERE OUT OF PLACE TO SAY THAT. MR. CHAIRMAN, CAN YOU HEAR ME? YES. ALL RIGHT. MARTY LINDER 113 SEA PINES SO FAR I CAN ONLY REITERATE WHAT SOME OTHER PEOPLE HAVE SAID BUT I HOPEFULLY I'LL GET PAST SOME OF THAT. THERE'S BEEN NO ONE HERE BUT THE APPLICANT THAT HAS SPOKE IN FAVOR OF THAT WE A COMMUNITY HAVE SHOWED UP HERE MANY TIMES TO SHOWN THE DOOR A FEW TIMES BECAUSE FOR HIRE LAWYER IS EITHER PLAYING GAMES OR DOING SOMETHING MAKE HIS BILL HIGHER OR WHATEVER IT IS I KNOW BUT HOW MANY TIMES CAN WE DO THIS AND HOW MANY TIMES CAN WE TELL YOU PEOPLE AS A BOARD THAT WE AS A NEIGHBORHOOD DO NOT THIS. WE HAVE A RIGHT TO PEACE AND QUIET OUR PEACE OF MIND IF WE WANTED TO LIVE ON A STREET CORNER IN PORT ROYAL BLUFFTON ST HELENA IS NOT THE PLACE EVERY OTHER ONE OF THOSE PLACES HAS VR BOATS AND RENTAL HOUSES ON EVERY CORNER. THAT'S NOT WHAT WE WANT. WE MOVED HERE FOR THE PEACE AND QUIET THE SERENITY. THERE IS A PERSON THAT ONLY IS GOING TO BE AN ABSENTEE LANDLORD THAT IS HERE FOR THE MONEY. THAT'S IT. 
          THAT IS THE ONLY REASON THEY ARE HERE IS TO THEIR POCKETS. OKAY. 
          AND IT'S AT OUR AND I HOPE YOU CAN HEAR THAT BECAUSE WE AS A NEIGHBORHOOD HAVE RIGHTS AND I'M NOT SURE THAT THIS BOARD ACTUALLY HEARS THAT. THANK YOU. 
          THANK YOU. AND KENNEDY ALLOWS SWAT ON THE SIDE AND THAT COULD JUST BE FOR ALL THAT LITTLE SLIP. BUT I'LL BE GLAD TO PARTICIPATE. 
          MY HUSBAND AND I ARE BUILDING AT GOLF AND WHAT I DIDN'T KNOW ANYTHING ABOUT THE THE THIS ISSUE UNTIL I GOT THE NOTICE THAT YOU WERE HAVING A MEETING AND THE ONLY I HAVEN'T TALKED WITH ANYONE BUT I UNDERSTAND THESE ARE MY NEIGHBORS AND I'M PROBABLY NOT GONNA MAKE FRIENDS TONIGHT. I UNDERSTAND THE ISSUE BECAUSE I AM FOR PEOPLE BEING ABLE TO DO WITH WHAT THEY WANT TO WITH THEIR HOME WITHIN REASON AND WITHIN THE LAW. 
          IF WE IF IF THERE IS A STATUS THAT YOU CANNOT HAVE THESE RENTALS THEN I WOULD UNDERSTAND . BUT SINCE THERE IS NOT A A BODY A LAW AGAINST IT THEN I THINK I DON'T BELIEVE THAT THE BOARD WOULD REALLY HAVE THE RIGHT TO COME IN AND SAY YOU CAN'T DO SOMETHING EVEN THOUGH I CAN'T TELL WHY YOU CAN'T. SO SAYING THAT MY HUSBAND AND I 
          [00:20:07]
OWNED CAMELOT FARMS EQUESTRIAN CENTER FOR ABOUT JUST BOUGHT IT AND THE ENTIRE WE HAD A RENTAL UNIT AT 23 YEARS. CHECK THE POLICE RECORDS THERE'S NEVER BEEN A BAR FIGHT A BRAWL POLICE CALLED FOR PEOPLE THAT HAVE COME TO TO THAT RENTAL UNIT. 
          SO MAYBE I'VE JUST BEEN ONE THAT HAS HAD AWESOME GREAT LUCK HAVING A RENTAL UNIT YOU KNOW AT THE AT THE FARM AT THAT TIME MY PLANS FOR MY HOUSE WERE BUILDING DOWN. 
          MY IS AN INVALID SO WE ALL HAVE CERTAIN PEOPLE STAYING AT OUR HOME I DON'T KNOW VISITING NURSES WE PLAY HOME HAVING THEM TO TO TO STAY TO HELP HIS CARE I DON'T KNOW WHAT THE COUNTY ABOUT THAT IF YOU'RE GOING TO MAKE LAWS THAT YOU CAN'T CAN'T HAVE THIS PERSON THAT PERSON YOU'VE GOT TO VET THE PEOPLE. WHAT ABOUT PEOPLE LIKE ME THAT THAT NEED PEOPLE TO COME INTO MY HOME AND HELP ME WITH HIM SO SAYING THAT I'M SORRY TO MY NEIGHBORS I'M VERY NICE PERSON YOU SHAKE YOUR HEAD AT ME I'M SORRY BUT I'M ALL FOR PEOPLE BEING ABLE TO RENT HOMES OUR HOMES THERE THE RENT I MEAN THAT THE TAXES ARE VERY HIGH AND I DON'T SEE THINGS GETTING ANY BETTER PROBABLY GOING UP AND ANYONE THAT CAN HELP OFFSET THE COST OF MAINTAINING A LOVELY HOME THERE AT CALVIN POINT AND AND TAKING CARE OF THE PROPERTY ARE BEING GOOD STEWARDS OF THE LAND. I BELIEVE WE OUGHT TO THE FREEDOM TO BE ABLE TO DO IT. 
          THANK YOU, MA'AM. THANK YOU, MARTIN. UP, UP. 
          GO. I'M MARTIN HUFFAKER. I LIVE AT 135 S.E. PINES DRIVE . I AGREE WITH MOST OF THE COMMENTS MADE BY OMNICOM IT IS WE MADE A DECISION THEY WENT TO APPEAL. THEY GOT REJECTED BACK. 
          SO NOTHING'S CHANGED. SO YOUR ORIGINAL DECISION WAS CORRECT? FROM MY STANDPOINT I THINK THE ONLY THING CHANGED FROM THIS TIME FRAME FROM MY PERSPECTIVE IS THAT THE HOUSE IS UP FOR SALE NOW I TALKED TO THE STAFF AND THE STAFF SAID ANY ANY ANY EXCEPTION GOES WITH THE OWNER SO IF THEY'RE GOING TO SELL THE HOUSE WHY ARE WE EVEN HERE? IT SHOULD BE REJECTED BECAUSE THE HOUSE IS FOR SALE AND WHEN I CHECK WITH THE STAFF IT DOESN'T CARRY OVER TO NEXT OWNER IT'S BY OWNER FROM MY UNDERSTANDING. 
          SO I WE'RE WASTING OUR TIME BUT IN THE MEANTIME I'M I GO ALONG WITH THE ORIGINAL DECISION LET'S MAKE IT THE WAY WE HAVE IT TODAY. THANK YOU VERY MUCH. 
          THANK YOU, RICHARD NEAL. BUT BUT MY WIFE WAS COMING. RICHARD NEAL 131 PINES DRIVE I'M OPPOSED TO THE SPECIAL USE PERMIT OR. I'M AT 131 C PINES I'M OPPOSED THE SPECIAL USE PERMIT THERE AT 129 FOR ALL THE REASONS YOU'VE HEARD HERE I HAVE BEEN HERE FOR TIMES AND STRUGGLED TO TRY TO DETERMINE WHY THIS IS GOING ON HERE. 
          I'M OPPOSED FOR ALL SAME REASONS THAT I HAVE BEEN PREVIOUSLY HERE. 
          WE THINK IT'S AN ENVIRONMENTAL SENSITIVE AREA AND WE FEAR THESE VACATIONERS DON'T APPRECIATE THAT THIS BOARD HAS ALREADY DENIED THIS PERMIT AND AS HEARD NOTHING HAS CHANGED. 
          THAT'S WHERE WE STRUGGLE. WE'VE GOT A GOOD SHOWING OF COMMUNITY HERE. 
          ONE MIGHT EVEN SAY WE HAVE A MAJORITY OF OUR LOCAL NEIGHBORHOOD AND THEY'RE TELLING YOU THE SAME WE ARE OPPOSED TO THIS SO WE REQUEST YOU DENY THIS PERMIT A SECOND 
          [00:25:06]
TIME. I ALSO HAVE A LETTER HERE FROM RICHARD STRAWS OR RICHARD COULDN'T MAKE IT TONIGHT RICHARD OWNS A PROPERTY AT 141 C PINES DRIVE ON ST HILL ON HIS HOME. HE'S HAD THIS HOME IN HIS FAMILY FOR OVER 20 YEARS AND BY WAY OF THIS LETTER I WANT TO STATE MY TO THE SPECIAL USE PERMIT AT 129 C PINES DRIVE ST HELENA ISLAND THANK YOU THANK I DON'T KNOW HOW THIS HEY EVERYBODY HOW ARE YOU? GOOD ARE YOU I'M I'M GOOD. I'M NOT IN FAVOR OF SHORT TERM RENTAL BECAUSE I DEALT WITH IT BEFORE ON BOTH SIDES OF ME AND THE OTHER THING THAT I WANT TO BRING IT TO YOUR ATTENTION I DON'T KNOW IF YOU GUYS ALL REALIZE THIS. HAVE ANY OF YOU SEEN THIS PROPERTY? SEEN WHAT? SEEN THIS PROPERTY THAT'S FOR SALE? NO. YOU WOULD SWEAR THAT IT HAS BEEN ABANDONED AND IT HASN'T KEPT UP. AND THE OTHER THING I WANT TO KNOW I MEAN IF YOU OF READ THAT WHAT KIND OF PEOPLE ARE YOU GOING TO DRAW THE RENT? IT'S A SIGN RIGHT THERE BUT THEY'RE NOT EVEN KEEPING UP THE PROPERTY SO DON'T THAT THAT IRKS ME BECAUSE EVERYBODY ELSE KEEPS THEIR PROPERTY UP HERE. BUT BUT THAT'S MY BEEF GUYS. 
          THANK YOU VERY MUCH. Q IS THERE ANYONE FOR PUBLIC COMMENT FOR THIS ITEM? 
          [8. Executive Session to meet with Board’s Attorney regarding Item 6. ]
IF NOT, WE WILL CLOSE COMMENT. MR. CHAIRMAN, I BELIEVE THAT WE GO INTO EXECUTIVE SESSION TO LEGAL ADVICE REGARDING LIZ KURTZMAN SPECIAL USE PERMIT SO THERE IS A MOTION TO MOVE FOR A LEGAL CERTAINTY AND HAS BEEN PROBABLY MADE IN SECOND ALL IN FAVOR. 
          SO WE'RE GOING TO TAKE A SHORT MOMENT SO THAT WE CAN GET SOME LEGAL COUNSEL IN AND WE WILL RETURN. YES, THERE WAS NO VOTES TAKEN. 
          YOU MOVE FORWARD. THANK YOU, SIR. ALL RIGHT. 
          SO SINCE WE ARE OF SESSION AND WE RETURN BACK, WE WOULD LIKE TO OPEN THIS UP FOR DISCUSSION IF ANYBODY LIKE TO MOVE OR HAVE A CONVERSATION THIS IF NOT WE WILL DEFINITELY MOVE INTO A MOTION APPROVE OR TO DENY. MR. CHAIRMAN, LIKE TO HEAR FROM MR. TAYLOR AGAIN. 
          PLEASE. YES, SIR. YES, SIR. 
          MR. TAYLOR? YES, SIR. IT WASN'T DISCUSSED HOW. 
          IS THIS PROPERTY GOING TO BE MANAGED? MR. SIMON LIVES HERE IN BEAUFORT NOW AT THE LADY'S ISLAND MARINA. HE IS LESS THAN 15 MINUTES AWAY AND HE WILL BE HANDLING IT HIMSELF. AS FAR AS ANY RENTALS THAT WOULD GO. BUT HE IS HERE PERMANENTLY. OKAY. 
          AND I HAVE A QUESTION AS. WELL. YES, SIR. 
          I THINK I HEARD ONE OF THE PUBLIC COMMENT INDIVIDUALS STATED THAT THIS PROPERTY IS UP FOR SALE. IS THAT MR. MACK? IT IS. 
          IT IS ON THE MARKET AT THIS IN TIME. YES, SIR. 
          OKAY. DO WE HAVE ANY MORE QUESTIONS FOR MR. TAYLOR? THANK YOU, SIR. THANK YOU FOR YOUR CONSIDERATION. 
          AND AGAIN WE WILL OPEN UP FOR DISCUSSION IF ANYONE WOULD LIKE TO HAVE A DISCUSSION ON THIS TOPIC BEFORE WE MAKE A MOTION MOTION. AND IF NOT, MAY I HAVE SOMEONE TO PLACE A ON THE FLOOR? MR. CHAIRMAN, I MOVE THAT WE APPROVE THE SPECIAL USE FOR A SHORT TERM RENTAL WITH THE CONDITIONS LISTED IN ARTICLE 5.11 .50.3.1.2 OF THE COMMUNITY DEVELOPMENT CODE . SO IT'S A MOTION ON THE FLOOR TO APPROVE. 
          LET'S GO THROUGH THOSE CRITERIAS IF YOU MAY STATING WHY YOU MAKING A MOTION TO APPROVE THE CRITERIA LISTED IN ESPECIALLY USE PERMIT BUT IT'S IN FIRST OFF THE PROPOSED USE 
          [00:30:04]
IS CONSISTENT WITH COMPREHENSIVE PLAN'S PURPOSES GOALS OBJECTIVES AND POLICY AND APPLICABLE STANDARDS FOR BUILDING STRUCTURAL INTENSITIES AND DENSITIES AND INTENSITIES OF USE. SO THIS IS CONSISTENT WITH THE COMPREHENSIVE PLAN THE PRO THE PROPOSAL YOU SHALL BE COMPATIBLE THE CHARACTER OF THE LAND IN THE IMMEDIATE VICINITY APPLICANT USE REQUEST IS COMPATIBLE WITH THE CHARACTER OF LAND IN THE IMMEDIATE VICINITY THE APPLICANT WILL IMPROPER BEHAVIOR BY THE RENTER IS KEPT TO A MINIMUM AND NOT BECOME A NUISANCE TO THE NEIGHBORHOOD. THE PROPERTY IS LOCATED ON THE ST HELENA SOUND WHICH IS GOVERNED BY DIVISION 5.11. POINT 15 .3.1. 
          POINT TWO LIGHTING STANDARD ESPECIALLY LIGHTING SHALL SHIELDED SO THAT IT IS NOT VISIBLE FROM ANY ISLAND BEACH OR BEACH DUNE SYSTEM BETWEEN MAY THE FIRST AND OCTOBER 31ST OF EVERY YEAR THE PROPOSED USE DESIGN SHALL ADVERSE EFFECTS INCLUDING VISUAL IMPACT OF THE PROPOSED USE ON ADJACENT LANDS . THE PROPOSED YOU SHOULD NOT HAVE ANY ADVERSE EFFECTS. THE COUNTY HAS LIMITED OF TRAFFIC TO ALL CARS BEING ON THE LOT. THE APPLICANT SHALL BE RESPONSIBLE FOR STOPPING ANY ADVERSE EFFECTS THAT MAY OCCUR FROM THE RENDER. THE APPLICANT STATED THAT THERE ARE NO RECORDED COVENANTS AND RESTRICTIONS THAT PROHIBITS THE USE. 
          THE PROPOSED USE SHALL MINIMIZE ADVERSE IMPACTS ON THE ENVIRONMENT, TRAFFIC AND CONDITION INFRASTRUCTURE AND SERVICES. LET ME JUST SAY THE APPLICANT IS A PARKING SPACES ON THE PROPERTY. THANK YOU. 
          SO AGAIN THERE IS A MOTION THE FLOOR TO APPROVE THE SPECIAL USE PERMIT. 
          AND JUST FOR THE RECORD BEFORE WE NEED A SECOND. I KNOW. 
          BUT LET ME SAY WHAT I'M GOING TO SAY. JUST FOR THE RECORD, I WILL NOT RECUSE FROM THIS. SO SO THAT BEING SAID, A MOTION IS ON THE FLOOR TO APPROVE. 
          MAY I HAVE SOMEONE TO SAY THE MOTION? I'LL SECOND. 
          SO IT'S BEEN PROBABLY MADE A SECOND ALL IN FAVOR OF APPROVING THAT SPECIAL USE PERMIT. PLEASE SIGNIFY BY RAISING YOUR HAND. 
          WANT TO. THOSE OPPOSED TO THE SO THE MOTION CARRIES IT PASS AND YOU GUYS CAN GET WITH THE COUNTY AT THE END OR VERSUS IT WAS A BAD EXPERIENCE, SIR. 
          ALL RIGHT, MR. I WOULD LIKE TO RECUSE MYSELF FROM THE NEXT ITEM. 
          YES, MA'AM. IF IT WAS AGAINST. SO ITEM NUMBER 11 IS MR. 
          [11. Request for Reconsideration filed by an Aggrieved Party pertaining to   Cinda Roudebush’s request for a Variance from Article 5, Division  5.11.50.B Beach Dune System.  The property is located at 726 Sea   Dragon Lane, Fripp Island.  The property is zoned Fripp Island Planned   Unit1. Development. (PUD).  (The request was heard at the last ZBOA   Meeting). ]
FREDERICKS FOR RECONSIDERATION . HELLO, MICHAEL FREDERICKS. 
          CAN YOU JUST GIVE HIM A MOMENT TO EXIT PLEASE? JUST ONE MOMENT. 
          YOU MAY CONTINUE. HI, I'M MICHAEL FREDERICK. I AM THE ARCHITECT FOR PROJECT 726 SEA DRAGON LANE. THIS SITE IS A DIFFICULT ONE BECAUSE OF THE SETBACKS. 
          DOES EVERYBODY HAVE A COPY OF THE SITE PLAN? YES WE SHOULD. 
          I'VE GOT A ZIP DRIVE IF WE CAN PUT IT ON THE SCREEN THERE OR I'M GOING TO HAVE A COPY. 
          I REMEMBER FROM THE LAST MEETING. OKAY. 
          THERE'S A SETBACK THAT FRIPP ISLAND REQUIRES AND THEN THERE'S THE BASELINE SETBACK THIS REQUIRES. AND IF YOU PUT THOSE TWO TOGETHER THERE'S ONLY A TINY SLIVER OF PROPERTY TO BUILD ON THE HOUSE. THE LOT WHICH THE WAY THE PROCESS WORKED WE TOOK IT TO FRIPP ISLAND NOVEMBER AND THEY REJECTED IT. 
          IT WAS TOO SMALL. THE GUIDELINES SAY IT HAS TO BE 1500 SQUARE FEET ON THE FIRST FLOOR AND IT WAS TOO TO THE ROAD SO WE REDESIGNED IT. WE TOOK IT BACK WITH A 1500 
          [00:35:04]
SQUARE FOOT FLOOR ON THE FIRST FLOOR AND THEY SAID IT WAS STILL TOO CLOSE TO THE ROAD. 
          IF WE WANTED TO GET IT PASSED WE EITHER HAD TO TAKE IT TO THE BOARD OF DIRECTORS AND GET A VARIANCE FROM THEM OR IT BACK FURTHER. AND SO WHAT WE DID WE WERE PRESENTED AGAIN WE MOVED IT WE WE THERE'S A HOUSE NEXT DOOR AND WE TOOK THE SAME SETBACK FROM THE FRONT AS THEY HAVE AND PUSHED IT BACK TO THAT SETBACK AND THEN WE WERE APPROVED. 
          WHEN YOU SAID WE THEN WE WERE APPROVED YOU MEAN BY FOR A POLY GRIPPER. 
          YEAH. AND THEN AFTER WE GOT FRIPP ISLAND APPROVAL WE TOOK IT TO DC AND GOT THE BASELINE APPROVAL VARIANCE BY THEM AND THEN WE BROUGHT IT TO THE COUNTY OKAY SO WE'VE GOT THE TWO. TWO OF THE THREE THAT WE NEED ANY QUESTIONS THAT MAY HAVE CUT IT. YEAH YOU GO HERE APPROVED LAST TIME THE LAST MEETING WE APPROVED THIS IF YOU READ MR. HIS OBJECTIONS TO THIS I HAVE YES YES I HAVE. CAN YOU TELL ME WHAT KIND OF REPLY WHAT ARE YOUR RESPONSE TO TO HIS WHAT HE ASK US TO TO MOVE IT CLOSER TO THE ROAD AND WE MOVE IT CLOSER TO THE ROAD. 
          WE'VE TRIED TWICE AND WE WERE TURNED DOWN TWO TIMES SO WE WEREN'T ABLE TO MOVE IT CLOSER TO THE ROAD AND THE HOUSE AS AS WE'VE DESIGNED IT NOW DOESN'T EVEN HAVE A PORCH BECAUSE WE WANTED IT TO BE SO NARROW THAT WE WERE FAR ENOUGH OFF OF THE BASELINE BUT WE DID CAREFULLY READ THEIR REPLIES. YEAH THEIR RESPONSE SO BASICALLY WITHOUT THIS VARIANCE IS BASICALLY RENDERED SOMEWHAT UNBELIEVABLE WITHOUT A VARIANCE IT'S UNBELIEVABLE. 
          OKAY. ALL RIGHT. IT'S 726 THE DRIVEWAY. 
          ALL RIGHT MR., CHAIRMAN WHEN WE VOTED ON OUR TO APPROVE IT, IT WAS UNANIMOUS VOTE. 
          THANK YOU, SIR. DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? NO QUESTIONS FOR THE APPLICANT THANK YOU, SIR. HILLARY, DO YOU WANT TO COME UP ? IF NOT WE UNDERSTAND MADAM MY RECOMMENDATION STAYS THE SAME. 
          I IT WAS ALREADY APPROVED I GUESS WE PUT IT BACK ON SO COULD HEAR MR. WILLIAMS COMMENTS OKAY. ALL RIGHT. AND MR. WILLIAMS, COULD YOU PLEASE COME UP WITH GOOD AFTERNOON I'M HARRISON WILLIAMS. I REPRESENT 728 THE OWNERS OF 724 THE NEIGHBORING NEIGHBORING PROPERTY EXCUSE ME ONE MOMENT. YEAH. OH, EXCUSE ME. 
          OKAY, FORGET SO THIS IS ONE OF THESE APPLICANT THESE APPLICATIONS THAT ONE OF THE BOARD MEMBERS NEED TO MAKE A MOTION FOR RECONSIDERATION. SO WITH THAT BEING SAID WILL HAVE TO REVERSE A LITTLE BIT AND MAY I HAVE ONE OF THE BOARD MEMBERS MAKE A MOTION SO THAT WE COULD RECONSIDER THIS APPLICATION AND MOVE AS WE DID IT DIDN'T WORK GOOD WORK. 
          YOU WANT TO MOVE? I MOVE THAT WE RECONSIDER SO IT'S BEEN PROPERLY MADE TO RECONSIDER I MEAN SECOND ALL IN FAVOR SO NOW IT'S BEEN PROBABLY MADE YOU CAN MOVE FORWARD IT THANK YOU MR. CHAIRMAN JUST TO CLEAR I THINK SOME CONFUSION REASON WE'RE AT THIS RECONSIDERATION STAGES I JUST MISTAKENLY RECEIVED AN EMAIL FROM STAFF THAT THE MATTER LAST MONTH WAS TO THIS MONTH. THAT IS WHY I WAS NOT HERE AND NONE OF MY CLIENTS HERE AND THAT'S WHY I'VE ASKED FOR THE RECONSIDERATION SO I THAT THE BOARD MAYBE CONSIDER THAT THIS IS THE FIRST TIME THAT THIS HAS BEEN HEARD. I UNDERSTAND IT WAS UNANIMOUSLY APPROVED LAST TIME BUT I WOULD ASK THAT THE BOARD CONSIDER THIS IS THE FIRST TIME THAT THIS REQUEST HAS BEEN CONSIDERED MY CLIENT'S VERY STRONGLY BELIEVE THAT THE SITE THAT HAS BEEN SUBMITTED BY THE APPLICANT DOES NOT REFLECT THE HOUSE BEING PUT IN THE SAME 
          [00:40:05]
LINE AS ITS NEIGHBORING PROPERTIES AND THEY BELIEVE THAT IS ESSENTIAL VITAL TO PRESERVING THIS NEIGHBORHOOD AND HOW ALL OF THESE BEACHFRONT HOMES ARE BUILT. 
          I HANDED UP A PHOTOGRAPH THAT PHOTOGRAPH IS FROM A 1997 MAGAZINE. 
          THAT PHOTOGRAPH IS ACTUALLY TAKEN FROM THE APPLICANT'S LOT AND IT'S A PHOTOGRAPH MY CLIENT'S HOUSE AND AS YOU CAN SEE THERE'S THE ROCK BERM OR WHATEVER YOU WOULD CALL IT AROUND THE SIDE. THAT IS BECAUSE WHEN PHILLIP ISLAND INSTALLED THOSE ROCKS BACK A LONG TIME AGO WHEN THE BEACH WAS RIGHT UP AGAINST ALL OF THESE HOUSES, THE APPLICANT'S LOT WAS CONSIDERED ON BUILDABLE AND HIGH TIDE WATER WENT OVER THE LOT. 
          IT'S MY UNDERSTANDING THE APPLICANT HAS OWNED THIS LOT FOR A SIGNIFICANT AMOUNT OF TIME AND THAT WE'RE NOT ASKING FOR THIS BOARD TO SAY YOU CAN'T BUILD YOUR HOUSE WE'RE ASKING FOR REASONABLE ACCOMMODATE AS I UNDERSTAND THAT NOW THAT FRIPP ISLAND SAID THAT THE HOUSE WAS TOO CLOSE TO THE ROAD. HOWEVER WE'RE ASKING THIS BOARD TO SAY YOU NEED TO RESUBMIT SOME PLANS AND ASK FOR THE HOUSE TO BE CLOSER TO THE ROAD, GET A VARIANCE FRIPP ISLAND AS WELL. I REACHED OUT TO MR. FREDERICK HOPING THAT WE COULD RESOLVE THIS RECEIVED NO RESPONSE. SO THIS IS THE FIRST TIME THAT I HAVE HEARD OR MY CLIENTS HAVE HEARD THAT FRIPP ISLAND TOLD THEM THAT THE HOUSE IS TOO CLOSE TO THE ROAD. MY HOUSE IS AROUND 2600 SQUARE FEET. 
          THEY WANT TO BUILD A 3000 SOMETHING SQUARE FOOT HOUSE. WE ASKED THAT THE THIS BOARD SAY LET'S RESUBMIT A NEW SITE PLAN. LET'S MAKE THE HOUSE A LITTLE BIT SMALLER. LET'S MOVE IT BACK CLOSER TO THE ROAD. 
          LET'S WORK WITH FRIPP ISLAND TO GET THAT DONE IF. YOU WENT OUT TO THIS SITE, YOU WOULD SEE IT'S A SANDY ROAD THAT HAS GRASS ALL OVER IT. I THINK FRIPP ISLAND WOULD BE WILLING TO CONSIDER THAT TYPE OF REQUEST. THE OTHER THING THAT'S KIND OF INTERESTING ABOUT THIS PROPERTY IS AT END OF THIS ROAD ARE AS THEY DO ON FRIPP ISLAND THERE'S JUST TWO DEAD PALM TREES LAYING DOWN TO CREATE A BARRIER. 
          THIS HOUSE WOULD BE THE LAST ONE ON THAT ROAD SO THEY CAN MAKE THAT CASE TO FRIPP ISLAND AND SAY NO, WE'RE NOT GOING TO BLOCK ANY TRAFFIC. THIS HOUSE CAN BE CLOSER TO THE ROAD AND. IT PRESERVES MY CLIENT'S PROPERTY VALUE AND IT PRESERVES THE HOUSE THAT THEY'VE LOVED FOR YEARS AND THEY GET TO ENJOY THAT PORCH, GET TO ENJOY THEIR VIEW THE BEACH JUST AS THE APPLICANT WOULD LIKE TO DO WE'RE JUST LET'S BE SOME GOOD NEIGHBORS. LET'S WORK TOGETHER AND LET'S ALL COMPROMISE SO THAT WE CAN HAVE SOMETHING THAT WORKS AND THE APPLICANT HAS KNOWN FOR THAT. 
          THIS IS A VERY DIFFICULT LOT TO BUILD ON AND NOW THEY'RE ASKING THIS BOARD TO ALLOW THEM TO BUILD A HOUSE FAR CLOSER TO THE DUNES THAN ANY OTHER HOUSE ON THIS ROAD ARE REALLY ANY OTHER HOUSE ON THIS WHOLE STRETCH OF FRIPP ISLAND. AND IF YOU LOOK AT THE SITE PLAN I BELIEVE THAT HOW THE HOUSE IS SITTING ON THIS LOT AT THE MOMENT IS EVEN CLOSER THAN THE 20 FOOT SETBACK THAT EXISTED WHEN THEY PURCHASED THE LOT IN THE STAFF RECOMMENDATION I BELIEVE SAID THAT WHEN THE LOT WHEN ALL THESE LOTS WERE SUBDIVIDED THAT THE SETBACK WAS 20 FEET THEY WANT TO GO EVEN CLOSER TO DUNES THAN THAT AND I BELIEVE THAT THIS BOARD SHOULD SAY LET'S TAKE A MINUTE, LET'S GET A COMPROMISE, LET'S RESUBMIT AND NOT APPROVE THIS VARIANCE IS GOING TO DAMAGE MY CLIENT'S PROPERTY VALUE ON A LOT THAT THE APPLICANT HAS KNOWN AS THE OWNER YEARS THAT IT'S PRETTY UNBELIEVABLE IT'S LOW LYING IT USED TO BE UNDERWATER WE DON'T KNOW WHAT'S GOING TO HAPPEN WITH ALL OF THE SAND OUT IT FOR A VIOLENT IT USED TO NOT BE THERE NOW IT'S THERE WE KNOW THE OCEAN CAN TAKE IT AWAY AND I THINK THE BOARD SHOULD HESITANT TO ALLOW AN APPLICANT TO BUILD A HOUSE AS CLOSE TO THIS DUNE SYSTEM THAT THEY WANT TO WHICH COULD ONE DAY HAVE THE OCEAN UNDERNEATH IT. 
          AND I THINK SHOULD BE HESITANT TO ALLOW THAT AND SUBMIT A COMPROMISE POSITION AGAIN MY CLIENTS DON'T TO TELL THIS PERSON TOO BAD YOU CAN'T BUILD A HOUSE WE JUST WANT TO WORK WITH THEM TO COME UP WITH A REASONABLE THAT PRESERVES OUR USE AND ENJOYMENT OF THE CURRENT HOUSE THAT'S NEXT DOOR AND ALLOWS THEM TO USE AND ENJOY THEIR PROPERTY AS WELL. 
          AND AGAIN I'M SORRY FOR THE CONFUSION WISH THIS WASN'T A RECONSIDERATION. 
          I WISH I WAS HERE LAST MONTH. I'M SORRY FOR THE MIX UP AND I HOPE THAT BOARD CAN RECONSIDER ITS POSITION AND MAYBE ALLOW A RESUBMISSION THAT ALLOWS US TO WORK WITH OUR NEIGHBORS AND TO COME UP WITH A BETTER SOLUTION. BUT WE BELIEVE THE APPLICATION AS SUBMITTED IS INAPPROPRIATE 
          [00:45:06]
AND WOULD DAMAGE THE BEACH AND DAMAGE THIS NEIGHBORHOOD AND I'M HAPPY TO ANSWER ANY QUESTIONS THERE ANY QUESTIONS? YES, SIR WAS THERE NOT A LETTER FROM MR. PATTERSON OR AN ATTORNEY CONCERNING THIS ISSUE? I WORK FOR MR. PATTERSON AND THAT IS WHAT I'VE READ THAT LETTER WAS IT STATED IN THAT LETTER CORRECT ME IF I'M WRONG THAT THEY DIDN'T WANT THE HOUSE TO AIR BECAUSE IT BLOCKED THEIR VIEW. THAT IS ONE OF THEIR CONCERN IS THE BLOCKING OF THE VIEW AND THAT IS BECAUSE OF HOW FAR FORWARD THEY WANT THIS HOUSE TO BE BUILT AND THAT'S WHY WE'RE ASKING THAT IT BE MOVED. ANY OTHER QUESTIONS? SO WOULD YOU SAY THAT THIS APPLICANT HAVE DONE THEIR DILIGENCE? I THINK I'VE HEARD HIM SAY THEY HAVE APPROACHED PROPOSAL AND BOARD MAYBE ON TWO OCCASIONS AND IT WAS ISLAND THAT REQUESTED THAT THEY BACK THEIR FRONT AND THAT JUST OH OH THAT'S THE FIRST TIME THAT I'VE HEARD THAT I HAVE NOT HEARD THAT FROM THE APPLICANT OUTSI OF THIS MEETING. OKAY. AND THAT'S WHY I MADE THE COMMENT OF I DID REACH OUT TO MR. FREDERICK AND SAY CAN WE TALK ABOUT THIS? AND I JUST DIDN'T RECEIVE ANY RESPONSE OH WELL I'M JUST GOING TO BASED ON WHAT HE JUST SAID, YOU KNOW SO OBVIOUSLY THIS THE FIRST TIME I'M HEARING IT AS WELL. 
          SO IS THERE ANY OTHER QUESTIONS ? THANK YOU. 
          THANK YOU FOR YOUR TIME. APPRECIATE IT. THANK YOU. 
          I DON'T THINK WE HAVE ANY PUBLIC COMMENT FOR THIS ITEM BUT DO WE HAVE PUBLIC COMMENT ANYONE IN THE PUBLIC THAT WOULD LIKE TO ON THIS ITEM IF NOT WE WILL QUOTE PUBLIC COMMENT LADIES AND GENTLEMEN WE ARE WE HAVE A RECONSIDERATION ON THE FLOOR. 
          WE CAN IT UP FOR DISCUSSION OR WE CAN MOVE FORWARD AND BASED ON INFORMATION THAT'S BEEN PRESENTED FOR US AND EVIDENCE WE'VE TESTIMONY WE'VE HEARD WE CAN MAKE A MOTION I'LL MAKE A MOTION I'LL MAKE A MOTION TO APPROVE THE VARIANCE AT 14.2 FEET FROM THE OCR AND BASELINE AND APPROVE THE VARIANCE WHEN I GO HERE. MS. OLSON WAS THE ONE WHERE WE ALSO HAD THE COUNTY WHO WAS REQUESTING LIGHTING STANDARDS BE IN SO I WOULD MAKE A FRIENDLY AMENDMENT TO AMEND TO ADD THOSE LIGHTING STANDARDS IN FIVE POINT 11.50 POINT C POINT ONE TO SO A MOTION THE FLOOR TO APPROVE WITH THE CONDITIONS OF LIGHTING STANDARDS MIGHT GET SOMEONE TO SECOND AMENDMENT MY MOTION TO IF YOU WANT TO GO AHEAD AND AMEND THE MOTION TO BUT THE CONDITIONS THAT ARE LISTED IN ARTICLE 5.11 .50. C .1.2 OF THE COMMUNITY DEVELOPMENT DID IT SO THE MOTION DOESN'T TO BE AMENDED BECAUSE THERE WAS NO SECOND ON IT SO IT'S STILL SEEMS IN MOTION BUT SECOND THAT MOTION SO IT'S PROPERLY MADE NONE AND SECOND ALL IN FAVOR OF APPROVING PLEASE SIGNIFY BY RAISING YOUR HAND IN ANY OPPOSED UNOPPOSED SO THIS HAS BEEN APPROVED ANONYMOUSLY AND YOU CAN GET WITH THE COUNTY AFTERWARDS YOU CAN RETURN MISS JANE OBVIOUSLY SHE LISTENING NOW WE MOVE TO ITEM NUMBER 13 
          [13. Beaufort County is requesting a Variance for a walkway wider than 5   feet within the River Buffer.  The property is located at 484 Sams Point   Road, Lady’s Island.  The property is zoned T2-Rural. ]
BEFORE KIND OF REQUESTING A VARIANCE FOR A RIVER WALL WIDER THAN FIVE FEET IN A RIVER LEVEL . GOOD EVENING. I'LL MAKE SURE YOU CAN HEAR ME ALL RIGHT MY NAME IS LAURA BULLOCK. I AM A LANDSCAPER WITH KIMBERLY HORNE, THE LANDSCAPE ARCHITECT FOR THE PROJECT AND WE ARE WITH THE COUNTY THE LAND PRESERVATION DEPARTMENT WITH STEPHANIE. SO I WILL SPEAK TO THIS VARIANCE TODAY VARIANCE ONE THERE WILL BE ONE OF TWO SO VARIANCE ONE HERE IS TO TALK ABOUT THE WALKWAY THE PINE VIEW PRESERVE IS A PUBLIC PASSIVE PARK AS YOU SAW FROM THE MATERIALS SUBMITTED IN THE APPLICATION THE VARIANCE WOULD INCREASE THAT WALKWAY WITHIN 
          [00:50:02]
THE RIVER BUFFER FOR ABOUT 20 FEET 20 TO 25 FEET FROM A WIDTH OF FIVE FEET TO EIGHT FEET. 
          THIS IS REQUESTED IN ORDER TO IMPROVE THIS FACILITY FOR PUBLIC BENEFIT ALLOWING A TWO WAY TRAFFIC, PEDESTRIAN TRAFFIC OR SIDE BY SIDE WHEELCHAIR ACCESS TO BE ALLOWED ON THAT WALKWAY. AGAIN, IT'S A IT'S A REALLY MODEST CHANGE TO INCREASE THAT WIDTH AND TO ALLOW FOR PUBLIC BENEFIT OF THIS VERY OTHERWISE VERY NARROW NATURAL FACILITY EARTHEN TRAILS THAT WILL ALLOW VISITORS TO ACCESS IN THIS PARTICULAR PART OF THE RIVER AN OVERLOOK SO STAFF HAS RECOMMENDED APPROVAL FOR THIS AND WE KINDLY REQUEST THAT YOU CONSIDER APPROVAL IN YOUR DECISION. HAPPY TO ANSWER ANY IS THERE ANY QUESTIONS DID WE NOT APPROVE? NOT LONG AGO THE SAME THING OVER IN BLUFFTON TO WIDEN TO TEN FEET I WILL ALLOW THE COUNTY STAFF TO SPEAK TO THAT. 
          WE DID THE SAME THING FOR THE PARK IN BLUFFTON DID WE NOT? YES, YOU DID THE OKATIE RIVER PARK IT'S ACTUALLY CURRENTLY UNDER CONSTRUCTION. IT WAS WIDENED FROM 5 TO 8 FEET AS WELL. YEAH. ANY OTHER QUESTIONS? THANK YOU. I MEAN WE GOT THE RIGHT WE HAVE THE RECOMMENDATIONS FROM THE COUNTY. HILARY, DO YOU HAVE ANYTHING ELSE THAT YOU WOULD LIKE TO ADD? NOT FOR THIS, NO OKAY. WE DO HAVE PUBLIC COMMENT. 
          [14.    Public Comment.]
HELLO, I'M TOM FROM BEAUFORT. YOU HAVE A SHEET ON YOUR ON YOUR TABLE THERE THE DOORS THAT THAT SHOWS THE PROPERTY THAT THEY'RE TALKING ABOUT AND I OWN THE LONG SKINNY STRETCH STRETCH THAT'S TEN ACRES ADJACENT TO IT AND I'VE OWNED IT FOR ABOUT 45 YEARS AND HAVE PUT IT IN CONSERVATION EASEMENT ABOUT 30 YEARS AGO AND THERE'S AN OLD CAMPSITE ON IT. 
          THERE'S A WALL WELL ON IT, THERE'S A DOCK ON IT THAT'S BEEN PERMITTED MAYBE A BACK WELL PROBABLY PERMITTED 30 YEARS AGO THE ORIGINAL DOCK WAS NEVER PERMITTED. 
          SO I HAVE NO OBJECTION AT THIS CAREFULLY WHEN I SAY THAT TO WHAT THEY'RE WHY THEY'RE WINDING AND THEY'RE GOING TO BE AT THERE'S NUMBER 15 THERE'S GOING TO IS ALSO PERTAINING TO THE SAME SITE AND THEY'RE GOING WIDEN THAT ACCESS ROAD TO TEN FEET SO ALL THE TRAILS THROUGHOUT THIS ENTIRE PROJECT ARE GOING TO BE TEN FEET WIDE. I DON'T HAVE A PROBLEM WITH THAT. OKAY. THE PROBLEM IS AS WE SEE IN NEW JERSEY AS SAW THE UPSTATE, I'D LIKE TO KNOW WHAT RURAL AND CRITICAL LANDS AND THE COUNTY PLANS TO DO FOR FIRE PREVENTION. OKAY. 
          NOW WE KNOW THIS IS A QUARTER MILE BACK TO THE RIVER ON A AND IT'S LONGLEAF PINES HUGE PINE CONES OAK LEAVES. OKAY THE FACT OF THE MATTER IS THAT THAT AND UNFORTUNATELY THE CIRCUMSTANCE IS THAT THE PEOPLE THAT ARE GOING TO BE BACK THERE ARE GOING TO BE SMOKING. 
          IT'S JUST WHAT'S GOING TO HAPPEN AND. THAT'S PROBABLY THE BEST THING THAT'S GOING TO HAPPEN. BUT IT'S IT IS FROM WHAT I UNDERSTAND AND GOING TO BE CLOSED DUSK TO DAWN AM I CORRECT IN THAT OKAY. BUT I'M CONCERNED THAT WHAT ARE WE GOING TO DO FOR PREVENTION SINCE IT'S EARTHEN WHICH MEANS LONGLEAF PINE PINE STRAW WHICH I DON'T NEED TO TELL YOU HOW FAST THAT GOES UP AND AND IF WE ARE OBVIOUSLY TO ASSUME WE'RE GOING TO PUT SIGNS UP THAT SAY NO SMOKING BUT ARE WE GOING TO DO WHEN THEY SMOKE ANYWAY AND YOU CAN'T REALLY HAVE BUT THINGS OUT THERE ON THE TRAIL IF YOU'RE NOT GOING TO TELL THEM THEY CAN SMOKE ANYWAY SO HOW DO WE SOLVE THAT PROBLEM AND AND AS ALL OF US HAVE UNFORTUNATELY READ AROUND THE COUNTRY WHEN THESE FIRES START IT'S ALWAYS THOUGHT THAT IT'S LIGHTNING. YOU KNOW, TWO MONTHS LATER IT'S NOT LIGHTNING. 
          SOMEBODY STARTED THE FIRE AND THEY DIDN'T MAY NOT INTENDED START IT BUT IT STARTED OKAY AND SO I'D LIKE TO KNOW WHAT THEY'RE GOING TO DO FROM A PREVENTION STANDPOINT AND THEN WHAT ARE WE GOING TO DO IF IT DOES START WHAT'S THE ERADICATION? DOES THAT TEN FEET ALLOW FOR A PUMPER TRUCK TO GO TO PUT IT OUT OR ARE WE JUST GOING TO WAVE AT IT BECAUSE THE PARKING LOTS IN THE FRONT AND WE'VE GOT ALMOST TWO MILES OF TRAILS THAT ARE TEN FOOT WIDE BACK IN 120 ACRES. I MEAN WHAT ARE WE THERE'S NO WAY TO GET THERE. HOW ARE YOU GOING TO BRING WATER TO IT? 
          [00:55:02]
THERE'S THERE IS NO WATER IT ARE WE GOING TO PUMP FROM AS I PLAN TO PUMP FROM THE CREEK IS OUR PLAN TO PUMP FROM RESTROOMS THAT ARE UP FRONT ARE WE GOING TO RUN A SPRINKLER SYSTEM WHAT ARE WE GOING TO DO TO PREVENT AND OUT THE FIRE IF IT HAPPENS BECAUSE MY PROPERTY IS ADJACENT TO IT FOR A QUARTER MILE BACK, 1400 FEET BACK. ALL RIGHT I'VE I'VE HAD CORPS ENGINEERS COME IN THERE. THEY THEY'VE FIRE BLOCKED IT THEY'VE DONE WHAT THEY COULD BUT IF THIS IS ACRES THAT I'M NOT GOING TO BE OVERSEEING AND IN AGAIN THAT'S THAT'S MY CONCERN AND I'D LOVE TO HEAR WHAT THEIR PLAN IS BECAUSE I I AGAIN I'M IN CONSERVATION EASEMENT I LIKE THAT IT'S REAL AND CRITICAL LANDS NEXT TO ME. I'M NOT SAYING THERE'S ANYTHING WRONG WITH THAT LIKE IT BUT LET'S DO IT SMART AND LET'S JUST NOT WAIT UNTIL CRISIS. 
          THE OTHER THING THEY'VE GOT THEY'VE GOT A AGAIN A QUARTER WALKWAY BACK AND IT ENDS IN A PIER HEAD. OKAY. THE PIER HEAD I BELIEVE IS INTENTIONALLY SHORT OF THE WATER, IS THAT CORRECT BECAUSE WE IT'S NOT A PEER TO PEER HEAD BUT IT'S NOT ON IT'S NOT ON THE WATER'S ABOUT TO TURN UP. WE'RE SAYING THE SAME THING. 
          IT'S AN OBSERVATION PLATFORM SO INTENTIONALLY DOES NOT GO TO THE WATER OKAY. 
          WHICH IS I UNDERSTAND AND IS SMART AND THEY'VE GOT A THEY'VE GOT A FENCE THAT GOES OFF ON THE SIDE ABOUT 15 FEET EITHER WAY TO KEEP PEOPLE ON THAT OBSERVATION DECK. 
          LET ME SAY THAT FROM THAT SITE. OKAY YOU WILL SEE MY CABIN OVER THERE IN THAT PART WHERE THAT PARKING LOT IS AND THERE'S A CABIN SITTING RIGHT THERE AND THERE'S A DOCK THAT GOES OUT RIGHT THERE. OKAY NOW SO WE'RE OUT THERE A QUARTER MILE BACK IN THE WOODS ON AN OBSERVATION DECK. HOW OFTEN DO YOU THINK I'M GOING TO GET A VISITOR TO THE CABIN AND IS THERE A IS THERE A PLAN OR A SUGGESTION FOR ME ON HOW I MIGHT ADDRESS THAT AND I REALLY DON'T WANT A FENCE. OKAY. I'M TO PUT UP SIGNS. 
          I GUESS THEY WOULD BE WILLING TO PUT UP SIGNS. ARE THERE GOING TO BE CAMERAS THOSE ARE MY CONCERNS OKAY. AND I WOULD JUST LIKE WE'RE ALL IN CRITICAL LANDS IN THE COUNTY TO UNDERSTAND THOSE CONCERNS AND TRY TO BE HELPFUL IN EVERYBODY'S THOUGHTS AND GOOD IDEAS TOGETHER AND AND PUT IT PUT IT FORWARD. THANK YOU, SIR. 
          THANK YOU. I'M HOPING THAT THE COUNTY COULD GET TOGETHER AND YOU GUYS COULD, YOU KNOW, COME WITH SOME TYPE OF UNDERSTANDING AT THE BEFORE CONCERT AM I ALLOWED A REBUTTAL? YEAH. SO PROPERTY WAS PLANNED SEVERAL YEARS AGO ALREADY WE DID DO STAKEHOLDER WORKSHOP WE DID HAVE PEOPLE COME PROVIDE COMMENT I'M NOT SURE IF THE GENTLEMAN CAME OR NOT BUT WE DID HEAR PEOPLE'S CONCERNS AND COMMENTS FIRST OFF IS MY DEPARTMENT ARE WILDLAND FIREFIGHTERS SO WE HAVE AN ATV WITH A WATER TANK ON THE BACK OF IT THAT WE WOULD USE TO DO SUCH A THING. 
          WE ALSO CONTACTS WITH SOUTH CAROLINA FORESTRY SO JUST LIKE ANYBODY ELSE WHO LARGE PROPERTIES OF LAND YOU CONTACT THE FORESTRY DEPARTMENT WENT OUR WHEN A FIRE STARTED WE'VE ALSO HAD DISCUSSIONS WITH THE LADIES ISLAND FIRE DEPARTMENT THEY'RE AWARE OF PROPERTY THEY'RE AWARE OF THE TRAILS AND SO WE'VE DONE WHATEVER PREVENTATIVE MEASURES WE CAN BY MAKING SURE THAT APPROPRIATE AUTHORITIES ARE INVOLVED AND AWARE OF THE PROJECT AND THE REVIEW OF SAID PROJECT SO WE DO HAVE THE FIRE DEPARTMENT THAT HAS ALREADY THE PLAN AND HAS AGREED TO THE PLAN AS FAR AS LIKE THE TRESPASSING THAT'S JUST LIKE ANY OTHER PARK I DO NOT PEOPLE TRESPASS THROUGH JUST OPEN WOODS WE HAVE TRAILS THAT ARE GOING TO BE MOWED FOR A REASON TO KEEP PEOPLE ON. WE HAVE NOT YET HAD A PROBLEM WITH ANY OF THE OTHER PASSIVE PARKS THAT ADJACENT TO NEIGHBORS WITH TRESPASSING ISSUES ALSO OBSERVATION PLATFORM WE'RE BUILDING YOU CAN'T SEE HIS PROPERTY THAT SPOT WE'VE BEEN THERE TONS OF TIMES I DIDN'T EVEN HE HAD A DOCK OUT THERE BECAUSE YOU CAN'T SEE IT FROM THAT AREA SO IT'S NOT AN ATTRACTION THAT PEOPLE ARE GOING TO GO THERE, SEE HIS PROPERTY AND GO OH WHAT'S THAT OVER THERE? AND THEN TRAIPSE HUNDREDS OF FEET OF WOODS TO GET TO HIS PROPERTY. THE LOCATION THAT WE'RE AT IS PRETTY FAR DOWN FROM THAT PROPERTY, THAT JOINT PROPERTY LINE AND IT IS ALSO VERY, VERY WOODED. 
          IT'S NOT IT'S NOT LIKE AN OPEN GRASSLAND WHERE YOU CAN SEE THROUGH THE TREES. 
          IT'S VERY BRUSHY AND VERY SNEAKY. AND SO MOST PEOPLE WHO VISIT 
          [01:00:03]
DON'T WANT TO GO TRAIPSING THROUGH THE WOODS FOR FEAR OF GETTING BIT BY SNAKES OR JUST MOSQUITOES, BUGS AND OTHER THINGS THAT OCCUR. THANK YOU. 
          I HAVE A QUESTION IF I MAY. YES, SIR. ARE YOU ALLOWED TO PRESCRIBED BURNS I AM ALLOWED TO DO PRESCRIBED BURNS ON THIS THIS PROPERTY. 
          IT IS HIGHLY UNLIKELY THAT THAT WOULD OCCUR BECAUSE OF OF THE NEIGHBORS THERE IT IS SUCH A SMOKE SENSITIVE AREA. THE ONLY WAY FOR THE SMOKE WOULD BE TO GO STRAIGHT UP AND THAT'S AN IMPOSSIBLE WEATHER CONDITION. ANY MORE QUESTIONS? THANK YOU. THANK YOU, SIR. IS THERE ANY OTHER PUBLIC COMMENT FOR THIS ITEM IF WE'LL CLOSE PUBLIC COMMENT LADIES AND GENTLEMEN, WE'VE HEARD FROM THE APPLICANT WHAT WILL BE THE PLEASURE OF THE BOARD MOVE WE APPROVE THE VARIANCE FOR THE EIGHT FOOT WIDE PATH TO THE OBSERVATION PLATFORM SO SOME MOTION APPROVE AND SECOND ALL IN FAVOR SIGNIFY BY YOUR HAND SECOND THE MOTION TO SECOND OKAY. 
          ARE WE BOTH YEAH ANY OPPOSE NOT OPPOSE SO THE FIRST VARIANCE HAVE BEEN APPROVED AND YOU WANT TO COME FORWARD WITH THE SECOND WE DID BRING SOME ADDITIONAL ILLUSTRATION SO THAT WE CAN 
          [15. Beaufort County is requesting a Variance to construct a driveway 7 feet within the Perimeter Buffer.  The   property is located at 484 Sams Point Road, Lady’s Island.  The property is zoned T2-Rural.  ]
HAVE THIS DISCUSSION AND HELP YOU VISUALIZE WHAT WE'RE TALKING ABOUT A LITTLE BIT BETTER. I ALSO HAVE A LETTER FROM NEIGHBOR THAT WE SURROUND ON ALL THREE SIDES WHO IS IN SUPPORT THIS VARIANCE SO I'D LIKE TO HAND THOSE OUT IF THAT'S OKAY. THANK YOU. SO THIS VARIANCE IS ON THIS SOUTH? YES, ON THE SOUTH FLORIDA IT'S THE IT IS A SOUTH AS ONE OF THE SOUTH BORDERS OF THE PROPERTY THAT IS DIRECTLY ACROSS FROM GEORGIA CALHOUN ROAD AND A WITH OUR PROPOSED PARK DRIVEWAY SITTING RIGHT SMACK AND AND MORE ABOUT LANDSCAPE ARCHITECT KIMBERLY HORNE ON BEHALF OF THE COUNTY HERE TO TALK ABOUT PINE VIEW PRESERVE THE NEW PUBLIC PASSIVE SO THIS VARIANCE REQUEST I'M JUST GOING TO FROM THE BEGINNING EVEN THOUGH I KNOW SOME OF YOU ARE GETTING THESE PAPERS THE VARIANCE REQUEST IS TO ALLOW FOR A MODIFIED BUFFER CONDITION SEVERAL REASONS THAT WE WOULD LIKE TO EXPAND ON AND MY FIRST POINT AND BEFORE YOU LOOK TOO DEEPLY I MEAN YOU CAN DO DO AS YOU WISH LOOK THROUGH THE PACKET BUT I LIKE JUST POINT OUT THAT THE AGENDA ITEM DISCUSSES THIS REFERS TO THE VARIANCE AS A DRIVE THAT THE VARIANCE IS ABOUT THE DRIVEWAY IT'S ACTUALLY NOT THE DRIVEWAY FOR THE PARK THAT THIS PERTAINS TO. IF YOU IF YOU REFER TO THE FIFTH SHEET I BELIEVE IN YOUR PACKET THERE'S A BLOW UP OF WHAT WE'RE GOING TO USE GOT C 100 IN THE LOWER RIGHT HAND CORNER THIS IS OUR DEMOLITION PLAN. 
          IT LOOKS LIKE THIS. OKAY. THE REASON I TO YOU THIS IS THEN WE ARE LABELING WHAT THE DIFFERENT ITEMS SO AS I TALK THROUGH THIS VARIANCE REQUEST YOU UNDERSTAND WHAT ELEMENTS OF THE SITE ARE SO. YOU SEE THE PROPOSED PARK DRIVEWAY ENTRANCE WHICH IS DIRECTLY ACROSS FROM JOHN HAWK JOHN CALHOUN ALONG SAMS POINT ROAD AND THEN AS YOU AS OUR VEHICLE ENTERS THE SITE STRAIGHT AHEAD YOU SEE A MAINTENANCE ROAD. THEN THERE IS A PARKING AREA THAT LOOPS AROUND AND THAT BE FOR THE GENERAL VISITORS. BUT THE PERVIOUS MAINTENANCE ROAD IS, THE FEATURE THAT IS TRIGGERING THIS VARIANCE REQUEST IT'S BECAUSE THAT MAINTENANCE ROAD NEARS THE SOUTHERN PROPERTY BOUNDARY HERE NEXT TO A SINGLE FAMILY PRIVATE RESIDENTIAL PROPERTY 508 SAMS POINT ROAD OWNED BY THE BOOK OF EACH FAMILY AND AND SO WHAT I'D LIKE TO TALK ABOUT THERE IS YOU SEE THAT THE MAINTENANCE WHICH WOULD BE A IT'S A PERVIOUS SURFACE IT WOULD NOT BE PAVED IT HAS IT MEETS UP WITH THE EXISTING EARTHEN TRAIL THAT IS THEN THAT PATH THAT WOULD WIND THROUGHOUT THE PARK YOU CAN SEE THIS TYPE CONDITION AND I WANT TO TALK ABOUT WHY THAT TYPE CONDITION IS THERE AND THAT IS IN PART WHAT I WHAT REST OF THIS PACKET IS ABOUT. 
          [01:05:02]
SO IF YOU GO BACK TO THE VERY BEGINNING AGAIN THIS IS THIS IS A VARIANCE REQUEST FOR MAINTENANCE ROAD WHICH WOULD BE USED ABOUT ONE TIME A WEEK. OKAY. 
          AND IT MEETS UP WITH THAT EARTHEN TRAIL SO THAT WE DO NOT HAVE TO CREATE MORE DAMAGE TO CREATE THIS FACILITY. WE'VE BEEN VERY RESPECTFUL RESPONSIVE TO THE EXISTING TREE CANOPY AND WE'VE PRESERVED NEARLY 100% OF THE TREES ON THE PROPERTY WE HAVE SELECTIVELY PLACED THE MAINTENANCE ROAD PARKING AREA THE DRIVEWAY TO THE PARK ENTRANCE SPECIFICALLY TO NOT IMPACT TREES OR SIGNIFICANT TREES. AND SO IT'S LAID OUT QUITE TIGHTLY TO ALLOW FOR THAT. BUT IF I WE GO BACK TO THE FIRST IMAGE IN YOUR PACKET IT IS A SURVEY PROPERTY SURVEY FROM 2019 THIS THIS SURVEY SHOWS THAT THE CONDITION THE PROPERTY LINES PRIOR TO NO PRIOR TO A CONVEYANCE THAT DRIVE OF NOW I'M GOING TO TALK ABOUT IS UP A DIFFERENT DRIVEWAY OKAY THE PERKOVIC PROPERTY HAS A DRIVEWAY AS WELL AND THAT WAS A SHARED PROPERTY ACCESS PRIOR TO 2022 SO THE PROPERTY LINES AND YOU CAN SEE IN THE SECOND SHEET IS A ZOOM IN OF THIS CONDITION THE PROPERTY LINE OF PINE VIEW PRESERVE ACTUALLY USED TO INCLUDE THAT SHARED ACCESS IT WAS SHARED ACCESS BECAUSE IT ALLOWED ACCESS BACK TO THAT EARTHEN ROAD WHICH WE'RE USING AS A AS A PARK TRAIL BECAUSE CDOT, THE DEPARTMENT OF TRANSPORT OPTION REQUIRES THE PARK ENTRANCE TO A LINE DIRECTLY ACROSS FROM JOHN JOHN HOW CUTE THE JOHN CALHOUN ROAD IT IS CREATING IT CREATED BACK THEN A CONDITION IN WHICH THAT SHARED ACCESS AREA HIGHLIGHTED IN YELLOW WAS DETERMINED TO BE SOMETHING THAT THE PROPERTY OWNER TO THE SOUTH THE BROCKOVICH HAS WANTED TO OBTAIN SO THAT THE HIGHLIGHTED AREA HIGHLIGHTED YELLOW WAS SOLD FROM THE COUNTY TO THE BOOK OF PICTURES. IF YOU FOLLOW THAT CREATED A CONDITION IN WHICH WHEN WE GO BACK SEVERAL LATER NOW AND HAD TO GO OUT AND LAY OUT THIS PARKING LOT AND DRIVEWAY ENTRANCE WE HAD A TYPE CONDITION SO IN ESSENCE A VARIANCE IS PERMITTED WHEN WHEN THERE'S A HARDSHIP THAT IS YOU KNOW THAT WAS KIND OF CREATED BY THE COUNTY BY BY LETTING GO OF THAT PIECE OF PROPERTY. SO WE'RE JUST ASKING FOR AN ABILITY TO TO CONTINUE ALLOW THAT VERY OR TO ALLOW THAT LAYOUT OF THE MAINTENANCE ROAD TO EXIST AS IT AS IT ALLOWS AS IT WOULD HAVE ALLOWED FOR WHAT THAT SHARED ACCESS BEING IN PLACE. 
          SO ANOTHER REASON FOR REQUESTING THIS VARIANCE IS THAT WE WOULD HAVE TO PUT UP A A SOLID A COMPLETELY OPAQUE FENCE. OKAY WE'RE ONLY SEVEN FEET FROM THE PROPERTY LINE WHERE AS A LARGER BUFFER IS USUALLY ALLOWED BUT THE PROPERTY OWNER THE BOOK OF PITCHES HAVE REQUESTED THAT WE CONTINUE WITH THE WOOD RAIL FENCE. 
          THE WOOD RAIL FENCE IS, A BEAUTIFUL FENCE. IT'S FOUND AT SEVERAL OTHER PARK FACILITIES THE SECOND TO LAST PAGE IN YOUR PACKET AND THE WOOD RAIL FENCE IS NOT AN OPAQUE FENCE HOWEVER IT FITS THE CONDITIONS IT BLENDS IN VERY NICELY. 
          THE NEIGHBORS THE BOOK COACHES HAVE REQUESTED THAT MAINTAIN THAT FENCE. 
          THAT IS WHAT THEY WANT TO SEE. THEY DO NOT WANT TO SEE A SOLID FENCE AND. 
          SO THAT IS ANOTHER RATIONALE FOR WHY WE WANTED TO KIND OF BRING THESE ADDITIONAL TO YOU AND WHILE STAFF HAS STATED A DIFFERENT OPINION IN THEIR RECOMMENDATION WE THINK THAT THERE ARE THESE THESE FACTORS WEIGH INTO OUR RATIONALE AND WE WANTED TO LET YOU THOSE THOUGHTS AND ADDITIONALLY WHEN WHEN STAFF HAS STATED IN THEIR RECOMMENDATION TO DENY THAT WE COULD JUST SIMPLY SHIFT THE FACILITY AWAY FROM THE BOOK OF HIS PROPERTY WHILE IN FACT WE COULD BUT WE WOULD BE TAKING DOWN MORE TREES AND WE REQUEST THAT WE MAINTAIN THE CONDITION AS IT IS THE LAYOUT AS IT IS AS NEIGHBORS WOULD LIKE THAT AND ALSO IT ALLOWS FOR US TO ACHIEVE THE NATURAL SETTING THAT IS PART OF THE POINT OF THE PARK AND I DROPPED MY NOTES BUT I THINK I'VE MADE MY POINTS THERE IN A QUESTION FOR THE APPLICANT WHAT ARE THE PLAN 
          [01:10:03]
IF SO IF THIS DOES THAT THIS PREVIOUS MEETING THIS ROAD IS OBVIOUSLY YOU'LL MAIN CONCERN ONE OF THEM I WOULD SAY SO WHAT IS YOUR OTHER CONTINGENCY PLAN IF THIS DOES NOT GO THROUGH WELL WE HAVE WE WOULD HAVE TO REALIGN THE WHOLE ENTIRE PARKING LOT STILL TO ALLOW ACCESS DIRECTLY ACROSS FROM JOHN CALHOUN. BUT MY CIVIL NEAR IS HERE AS WELL WITH ME. WE'VE LOOKED AT IT TOGETHER AND WOULD NEED TO TO PUSH EVERYTHING NORTH ESSENTIALLY AND THAT WOULD CREATE A AS I MENTIONED MORE IMPACTS TO THE TREES. THE TREE CAN EXIST TREE CANOPY THAN WE WOULD LIKE TO HAVE AT THIS POINT. OKAY SO OTHER QUESTIONS JUST IN THE HOMEOWNERS ARE OKAY THIS YES, THIS IS THE LETTER THAT WAS PROVIDED TO YOU RIGHT THE BEGINNING. 
          I SO THEY I WILL JUST POINT OUT THAT THEY FIRMLY BELIEVE THE SPLIT WOOD FENCE HIGHLIGHTED IN THE MIDDLE OF THE SECOND PARAGRAPH WOULD BE MORE SUITABLE OPTION FOR THE LOCATION IN QUESTION BLENDS IN HARMONIOUSLY AND ALLOW THE SENSE OF OPENNESS THAT THEY DESIRE AND ALL RIGHT THANK YOU THANK YOU GOOD TO HEAR FROM THE COUNTY I WOULD LIKE TO HEAR FROM THE COUNTY JUST TO BECAUSE TO GET A VARIANCE YOU HAVE TO PROVE A HARDSHIP THERE'S MORE THAN ENOUGH LAND FOR THIS PROJECT TO MEET THE REQUIRED 20 FOOT BUFFER THE DRIVEWAY SHE'S TALKING ABOUT THAT THEY'RE WANTING TO PUT INTO THAT BUFFER THEY CAN REALIGN THAT I MEAN IT CAN BE REALIGNED AND MOVED OUTSIDE OF THE BUFFER. I UNDERSTAND THAT THE NEIGHBOR IS OKAY BUT WE'RE HERE ENSURE THAT ALL BEAUFORT COUNTY CITIZEN MEET THE REQUIREMENTS OF THE CODE AND IF THERE IS A TRUE HARDSHIP THEN THEY COME TO YOU GUYS FOR A VARIANCE. 
          I DON'T SEE WHERE THERE'S A HARDSHIP FOR THIS SO THAT'S WHY STAFF RECOMMENDED DISAPPROVAL AND. THIS WOULD BE UP TO YOU GUYS TO MAKE YOUR DECISION THANK YOU. 
          IS THERE ANY QUESTIONS FOR THE COUNTY IF NOT THANK YOU MR. LARRY WILLETT AND I MEAN WE HAVE HEARD FROM THE APPLICANT IN THE COUNTY WE HAVE A NUMBER OF THINGS IN OUR PACKET HERE TO REVIEW AND WE HAVE A QUESTION FOR THE APPLICANT YOUR YOUR HARDSHIP IS SAVED TREES AND HAVE YOU DONE A COMPARISON OF HOW MANY TREES YOU WOULD YOU'RE SAVING IN THIS PLAN AS OPPOSED WHAT YOU WOULD DO IN MEETING THE BUFFER SO THE SAVING OF THE TREES IS KIND OF A SECONDARY HARDSHIP. THE HARDSHIP WAS ACTUALLY CREATED WE SOLD THE DRIVEWAY BUT THE ANALYSIS OF THE TREES WE DID NOT DO THAT YET. WE DO KNOW THAT THERE ARE CLUSTERS WHEN WE DO MOVE NORTH THERE ARE MORE CLUSTERS. MY GOAL THAT I TASKED LAURA WITH WHEN DESIGNING WAS TO FIT THINGS IN THE NATURAL GAPS IN SPACES TO MINIMIZE THE AMOUNT OF TREES TO CUT AND SO IF WE DO MOVE IT NORTH THERE ARE CLUSTERS OF TREES THAT YOU CAN SEE ON THE TREE AND TOPO SURVEY THAT IT'S KIND OF HARD IT IS IT'S A LITTLE IT'S IT WAS LOT OF TREES THAT THEY DID SURVEYS REALLY HOLLY DID BUT NEVERTHELESS HERE TO THE NORTH WE MEET THE BUFFER REQUIREMENTS EXCUSE ME DID THE ORIGINAL SHARED DRIVEWAY MEET THE BUFFER REQUIREMENT IF WE HAD RETAINED THE DRIVEWAY, YES. THE DRIVEWAY I BELIEVE IS 50 FEET WIDE OR IN DEPTH AND THEN IT'S LIKE A COUPLE HUNDRED OR 100 FEET OR SO. 
          IS THAT THEIR ONLY ACCESS TO THE PROPERTY? THAT IS THEIR ONLY AND IT WAS A SHARED ACCESS BETWEEN THE PREVIOUS LANDOWNERS IS THE BULK OF EXPORT THAT HOUSE AROUND THE SAME TIME WE BOUGHT THE PINE VIEW PRESERVE AND SO THE PREVIOUS LANDOWNERS HAD THAT AS 
          [01:15:04]
A SHARE DRIVEWAY THEN WHEN THE BULK OF IT CAME ON THEY REQUESTED IF WE WOULD MINE AND SINCE WE ALREADY KNEW DOTTIE WAS GOING TO REQUIRE US TO PUT A PUBLIC ACCESS DIRECTLY ACROSS FROM CALHOUN WE SAID YES NOT THAT IT WOULD KIND OF CREATE THIS ISSUE WE HAVE TODAY. 
          IT'S NOT A SHARED ANYMORE AND THIS PROPOSED ACCESS IS DIRECTLY ACROSS HALL FROM JONES. YES, THAT IS A REQUIREMENT FROM CDOT IN ORDER FOR US TO GET OUR ENCROACHMENT FROM THEM THEY REQUIRED IT TO BE DIRECTLY ACROSS FROM AN ALREADY PUBLIC ROAD. SO WE HAVE A PUBLIC A PUBLIC PARK ACROSS FROM A PUBLIC ROAD SO THAT THERE ISN'T MANY STOPS WITHIN LIKE A 100 FEET OF SPACE. 
          IT'S COME STRAIGHT DOWN. IT'S JUST FOR MAINTENANCE. SO WOULD YOU SAY THAT ANGLING IF YOU WERE TO ANGLE THIS MORE TO THE WHAT WOULD HAVE BEEN NORTH SHIFT YOU WOULD HAVE SHIFTED OR IT DIFFERENTLY YOU WOULD BE ABLE TO MEET THE REQUIREMENTS AND STILL USE THAT SAME ROUTE. YEAH WE WOULD HAVE WE WOULD HAVE TO STILL THAT SAME ACCESS ROAD AND IT HAS TO BE AT A SPECIFIC ANGLE FOR CDOT IT CAN'T YOU CAN'T TURN IN HAVE AN IMMEDIATE CURVE THERE'S THERE'S THERE'S SOME REQUIREMENTS THEM SO WE WOULD END UP I THINK WE WOULD JUST END UP HAVING TO GO BACK TO THE DRAWING BOARD FOR THE ENTIRE PARKING LOT BECAUSE WE CAN'T JUST SHIFT IT WE CAN'T JUST ANGLE WE HAVE TO TAKE THAT ROAD IN AND THEN FIGURE OUT A DIFFERENT WAY TO MAKE IT ALL COME AROUND. CAN YOU COME UP AND POINT AT SOMETHING FOR US? I CAN'T ILLUSTRATE THIS SO THIS ROAD COULDN'T TURN AND GO UP THAT WAY. SO THIS IS SO THAT WE CAN PULL A TRAILER WITH MOWING EQUIPMENT IN OUR ATV INSTEAD SO THE ANGLE OF IT AS I MENTIONED WE WE HAVE TO MAINTAIN THIS RIGHT AND THAT MEANS THIS SECTION WE WOULD HAVE THAT THEN WE WOULD HAVE TO WE COULD FIGURE THAT THIS WAY BUT AS THIS SITS NOW WHEN WE HAVE A TRUCK WITH A TRAILER BRINGING THIS IN AND THEN MAKING COMING HERE AND THEN MAKING A TIGHT IT'S TOO LATE OF A MILL. 
          THIS IS COMING IN RIGHT? IT'S A MAINTENANCE IT'S A STAFF ROAD. 
          IT'S NOT THE PUBLIC DRIVEWAY. THINK WE'RE TRYING TO ALSO CREATE THIS THIS IS WHERE PEOPLE ARE WALKING BUT IF IT'S JUST THE MAINTENANCE IT'S BECAUSE IT'S THE PARKS AND OH 20 FOOT TRUCK SO WE HAVE TO HAVE LIKE ON IT BUT IT'S YOU KNOW YEAH GET AWAY FROM THIS. 
          THIS MAN MAY MOVE AND THEN YOU HAVE THIS RIGHT UP AGAINST THIS PERSON AND MR. CHAIRMAN. 
          SO WHEN THEY'RE TALKING DOWN THERE I DON'T KNOW IF IT'S BEEN PICKED UP ON THE RECORD IT MIGHT BE BEST I'M TALKING TO MICROPHONES WE WERE DISCUSSING MOVING THE MAINTENANCE ROAD TO THE NORTH BUT LIKE JUST TEN FEET OR SO A TEN FOOT BUFFER WITH WITH A SIX FOOT FENCE YOU CAN MAX IN IN SMALL PATCH. YEAH. I WAS GOING TO ASK IF WE DID IF WE WENT FROM IF WE WENT TO TEN COULD WE STILL DO THE SPLIT RAIL FENCE AND NOT THE PRIVACY FENCE. YEAH THE VARIANCE OKAY I'LL BE OKAY TO SAY I'M FINE WITH THAT OKAY. OKAY BEAUTIFUL ALL THE WAY INTO THE I SEE. 
          OKAY I'M SORRY I MY MY UNDERSTANDING WAS IT HAD TO BE THE 20 FEET SO IF WE CAN DO TEN FEET RIGHT ON THE TEN FOOT LINE AND HAVE THE SPLIT RAIL FENCE AND THEN RECONFIGURE THE MAINTENANCE ROAD FIT TO SQUEEZE THAT INTO THE THE TEN FOOT BUFFER, WE'LL FIGURE IT OUT. 
          YEAH. OKAY. SO NOW YOU WANTING TO DO THAT SO THE TWO THINGS YOU WANT IT DOWN IS TO SPLIT RAIL FENCE. YES. 
          [01:20:03]
AND THE TEN FEET THEY DON'T THEY DON'T NEED THE TEN FEET BECAUSE THE CODE ALLOWS YOU RIGHT RIGHT RIGHT RIGHT. SO YOU NEED THIS SET OF THE SOLID FENCE TO A SPLIT REAL FENCE. YES. OKAY. 
          ALL RIGHT. SO IT'S JUST ALL RIGHT. SO DOES EVERYONE UNDERSTAND WHAT'S ON NOW? ALL RIGHT. THANK YOU. 
          IS THERE ANY QUESTIONS YOU READY FOR A MOTION WENT TO THAT. 
          WERE THEY MODIFYING THEIR AQUARIUM'S REQUEST? YES. 
          WE ARE ON THE FLY MONITOR THAT YOU CAN DO THAT WITH YOUR ENGINEER. 
          I MEAN ARE WE ALLOWED TO MAKE THAT ARE WE ALLOWED TO MODIFY IT ON THE FLY LIKE THIS? SURE. I MEAN I HAVE NO OBJECTIONS TO IT. 
          OKAY. IT'S THE THING THE ENGINEERS ARE GOING TO CONFER. 
          YES, THAT WAS MY QUESTION. IF YOU WANT TO CONSULT WITH THE ENGINEER MAKING SURE THAT IS OKAY, THAT SHOULD BE OKAY. SO WE ARE MODIFYING OUR VARIANCE REQUEST TO ALLOW FOR IF ON THE CONDITION THAT WE MOVE OUR THE SOUTHERN CONSTRAINTS OF OUR MAINTENANCE ROAD TEN FEET OFF THE PROPERTY LINE OUR REQUEST IS THEN TO ALLOW FOR A SPLIT RAIL FENCE THAT SHOWN ON THE NEXT TO LAST PAGE IN YOUR PACKET TO BE ALLOWED IN LIEU OF THE THE THE PRIVACY FENCE. ALL RIGHT THANK, YOU YOU READY? SO YES, YOU WANT TO DO IT? I'LL MAKE A MOTION THAT WE GRANT THEM THE SPLIT RAIL FENCE AS A VARIANCE IF THEIR MAINTENANCE ROAD IS AT LEAST TEN FEET FROM THE PROPERTY LINE SECTION IT SAID AGAIN SECOND SO IT'S A MOTION ON THE FLOOR TO THE SPLIT RAIL FENCE WITH THE MAINTENANCE ROAD TEN FEET OFF OF THE PROPERTY LINE. UNLESS WE HAVE PROPERLY MADE SECOND ALL IN FAVOR OF GRANTING BUT YOU GUYS HAVE YOUR SECOND VARIANCE. THANK YOU. 
          SO NOW WE WILL BE MOVING ON TO ITEM OH ITEM NUMBER 17 ROBERT AND GINGER GOOD AFTERNOON TO 
          [17. Robert & Ginger Carmichael are requesting a Special Use Permit for Lodging, Short-Term Rental.  The  property is located at 12 Hudson Drive, Lady’s Island.  The property is zoned T2-Rural Neighborhood (T2RN). ]
THE BOARD MY NAME IS ROB CARMICHAEL. I'M HERE ON BEHALF OF MYSELF AND MY WIFE GINGER FOR OUR REQUEST FOR SPECIAL PERMIT FOR OUR PROPERTY AT 12 HUDSON DRIVE ON LADY'S ISLAND WE JUST TRYING TO GET TO GET EVERYTHING BACK. MAN YEAH. 
          GOOD. SO WHO WILL MANAGE THE PROPERTY ? OH MY GOSH. YOU JUST GAVE ME A BRAIN ASKING ME THAT RIGHT NOW. 
          STANGER HOME MANAGEMENT BRIAN STANGER AND I'M ASSUMING THAT YOU ARE NOT WITHIN ANY COVENANTS RESTRICTIONS, RIGHT? THAT IS CORRECT. NO COVENANTS OR RESTRICTIONS ON A LITTLE PRIVATE DRIVE. YOU HAVE MET ALL REQUIREMENTS. YES, SIR. 
          AND JUST FOR THE RECORD AM OVER 12 MILES AWAY FROM COFFIN POINT NC SO I THINK IT'S A LITTLE EXCESSIVE TO HAVE NON CARS THERE. SURE THERE'S PARKING SPACES FOR 12 HOW MANY GUESTS OR HOW MANY BEDROOMS? IT'S FIVE FIVE AND HOW MANY GUESTS ARE YOU GOING TO HAVE ME CRAMMED IN THERE? 15 WRITTEN IN THE PACK YOU CAN SLEEP UP TO 15 IT SEEMS LITTLE HIGH FOR A FIVE BEDROOM HOUSE, PULL OUT COUCHES, TWIN BEDS, BUNK BEDS IF YOU'RE COUNTING KIDS AND WHATNOT AND A BEACH HOUSE NOT 15 ADULTS THAT'S FOR SURE. I WOULD BE MORE COMFORTABLE WITH A LIMIT OF FIVE CARS. 
          IS THIS BUT I MAY BE KIND OF REDUNDANT. IS THIS ON OR DO YOU HAVE SEPARATE SYSTEM SEPTIC HE'S GOT A LETTER THERE FROM THIS AND GOT A LETTER FROM MARSHALL. 
          ALL RIGHT. IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? 
          [01:25:06]
THANK YOU, SIR. THANK YOU. WE HAVE GOTTEN THE WE RECEIVED THE RECOMMENDATION FROM THE COUNTY NO YOU YOU'VE YOU'VE HILARY IF YOU WANT TO SAY ANYTHING IF NOT NOW I'VE GOT THAT RECOMMENDED APPROVAL. ALL RIGHT. 
          SO LADIES AND GENTLEMEN HAVE ESPECIALLY USED BEFORE US WHAT WILL BE THE PLEASURE? THE BOARD I MOVE. WE APPROVE IT HERE. THE COMMISSION CAME THROUGH. 
          DID YOU PULL YOUR MIKE? I'LL MAKE A MOTION TO APPROVE WHAT IS THE SPECIAL FOR THE SHORT TERM LODGING? YES. SO SOME MOTION ON THE FLOOR TO APPROVE THE SECOND AND SECOND ESPECIALLY USE PERMIT ALL IN FAVOR OF A PROVEN SIGNIFY BY RAISING YOUR HAND AND NONE OPPOSE SO YOU CAN MOVE FORWARD WITH YOUR ESPECIALLY PERMIT. 
          THANK YOU. ALL RIGHT SO FORGOT TO ASK IS THERE ANY PUBLIC WAS THERE ANY PUBLIC COMMENT FOR THIS ITEM ANYONE GOOD WE CLOSED THE ALL RIGHT MR. ROBERT DAVIS WAS 
          [19. Robert Davis is requesting a Variance to eliminate the remaining River Buffer so that the applicant can use   the buffer as a backyard and not require any permits.  The property is located at 49 Big Oak Street, Bluffton.   The property is zoned Buckingham Community Preservation (BCP). ]
REQUESTING A VARIANCE THAT EVENING EVERYONE AND HOPEFULLY THIS CONCLUDES OUR EVENING MY NAME IS JULIE FRANKLIN I'M AN ATTORNEY I REPRESENT THE APPLICANT IN THIS PARTICULAR MATTER WITH RESPECT TO PROPERTY LOCATED IN BUCKINGHAM WITH RESPECT TO THE AGENDA ITEM IT DOES LIST THE PROPERTY AS BEING IN BLUFFTON SOUTH CAROLINA THOUGH IT'S JUST A SCRIBNER'S ERROR THE ADDRESS IS ACTUALLY HILTON HEAD IT IS THE UNINCORPORATED GATED ANNEX PORTION OF HILTON HEAD ISLAND THAT IS OUTSIDE SO IT'S ACTUALLY JUST IN THE COUNTY, RIGHT? SO IT'S UNINCORPORATED COUNTY. BUT WITH THAT BEING SAID, I'M GOING TO TAKE A PAGE OUT OF ATTORNEY TOM TAYLOR, HIS BOOK AND GIVE YOU THE BENEFIT OF THE FACT THAT YOU ALREADY HAVE THE MATERIALS BEFORE YOU. I'M NOT GOING TO BELABOR ANY THE MAJOR POINTS BUT I AM GOING TO MAKE SURE THAT THE IS AWARE THAT THIS PROPERTY BEEN OWNED BY THE APPLICANT'S FAMILY SINCE 1977. THERE IS A SUPREME COURT CASE CALLED LUCAS VERSUS SOUTH CAROLINA COASTAL COMMISSION FROM 1992 WHICH BASICALLY HAS CREATED A HOLDING FROM THE HIGHEST COURT IN THIS THAT SAYS THAT IF YOU PURCHASE PROPERTY AND THEN LATER THAT PROPERTY IS SORT OF RESTRICTED BY CODE THAT OCCURS IN THE FUTURE THAT THE OWNERSHIP OF THE PROPERTY SINCE THE TIME THAT YOU OWNED IT OR IN THIS CASE HIS FAMILY IS RELATED BACK TO THE TIME IN WHICH THE PROPERTY WAS OWNED AND WHAT WAS REQUIRED THE TIME HIS GRANDPARENTS PURCHASED THIS PROPERTY IN 1977 THERE ARE APPROXIMATELY LIVE OAK TREES IN THIS PARTICULAR AREA IN QUESTION FIVE OF WHICH ARE SPECIMEN TREES THE CDC SPECIFICALLY REFERENCES PRESERVATION OF THESE TYPES OF TREES IS TANTAMOUNT TO THE COMMUNITY DEVELOPMENT CODE . ADDITIONALLY THE BUCKINGHAM LANDING NEIGHBORHOOD IN THE BUCKINGHAM COMMUNITY PRESERVATION CODE AND WITH RESPECT TO THAT GENERAL COMMUNITY PRESERVATION CODE IT MAKES VERY CLEAR THAT RESIDENTIAL LOTS OF HISTORIC OWNERSHIP ARE TO BE GIVEN A PRIORITY WITH TO THIS PARTICULAR APPLICATION BEFORE YOU THE APPLICANT HAS BEEN CITED BY CODE ENFORCEMENT FOR FILLING AROUND ONE PARTICULAR LIVE OAK TREE THAT YOU HAVE IN YOUR APPLICATION MATERIALS WHICH WAS ACCORDING TO AN ARBORIST THAT HE HAD COME OUT AND TAKE A LOOK NEEDING TO BE CUT DOWN. 
          THIS IS ONE OF THOSE SPECIMEN TREES IN LIGHT OF THE FACT THAT THERE HAS BEEN COASTAL FLOODING . I HAVE HIM WITH ME TODAY AS WELL AS HIS MOTHER WHO HAS PERSONAL KNOWLEDGE OF THE FACT THAT HER PARENTS PURCHASED THIS PROPERTY AND WHAT IT LOOKED LIKE IN 1977 AND SUFFICE TO SAY THE FAMILY HAS LOST APPROXIMATELY 40 TO 60 FEET OF ACTUAL LAND OVER THE YEARS. I HAVE A QUESTION PLEASE. IT SAYS THAT THIS PROPERTY LINE IS BACK HERE AND THESE TREES THAT YOU'RE TALKING ABOUT NOT EVEN ON THEIR PROPERTY. 
          [01:30:04]
SO THAT'S THE ISSUE UNFORTUNATELY AT THIS PARTICULAR POINT IN TIME THE PROPERTY AS WAS IN 1971 AND UNFORTUNATELY THE PLAT THAT WE HAVE FROM 1971 IS NOT ALL THAT COMPREHENSIVE IF YOU WILL. SO FOR PURPOSES OF TAKING A LOOK AT WHAT IT LOOKED LIKE AT THE ONSET AND WHAT IT LOOKS CURRENTLY THEY AGAIN HAVE LOST APPROXIMATELY 40 SQUARE FEET ON THE MARSH LINE SINCE THE 1977 PURCHASE DUE TO AND COASTAL FLOODING THAT WOULDN'T CHANGE THE PROPERTY THE PROPERTY LINE WOULD JUST BE OUT IN THE WATER. WELL SO THAT'S THE THING WHEN THE APPLICANT PROCEEDS TO GET SURVEYS THEY OBVIOUSLY HAVE TO GO WITH WHAT THEY SEE AND IN THIS PARTICULAR CASE SO THE METES AND BOUNDS OF THE ORIGINAL DEED FROM 1977 MAKE CLEAR EXACTLY WHAT SQUARE FOOTAGE IT THAT THE PARCEL, YOU KNOW WAS PURCHASED UNDER THE AS BUILT SURVEY THAT YOU HAVE FROM 2022 AND THE TREE AND TOPO SURVEY SPECIFICALLY REFERENCES WHAT THE SURVEYOR WAS ABLE TO ACTUALLY PHYSICALLY SEE AT THE TIME THAT THAT CAME OUT. 
          SO WITH RESPECT TO HIS VARIANCE REQUEST BUT WE DON'T HAVE THE ENTIRE CURRENT SURVEY SO YOU DO YOU HAVE YOU HAVE THE ENTIRE CURRENT SURVEY RIGHT WITH ANOTHER TREE AND TOP THERE ARE LOTS ITERATIONS OF THESE BUT IN ANY EVENT IN AN EFFORT TO SAVE THIS LIVE OAK WHICH WAS DYING AND NEEDED BE CUT DOWN BY THE ARBORIST HE FILLED IN SOIL AROUND THE ROOT SYSTEM SO THAT INSTEAD OF IT CONSTANTLY BEING BERATED WITH THE SALTWATER WHICH WAS CAUSING ITS DEATH THAT IT WOULD BE PRESERVED AND YOU HAVE PICTURES IN YOUR PACKET THAT INDICATE THAT IN FACT THE EFFORTS THAT HE MADE WERE SUBSTANTIAL IN THE SAVING OF THIS TREE AND ENDURED TO THE TREE'S OVERALL LONGEVITY BENEFIT IN THIS PARTICULAR CASE DESPITE THE FACT THAT MADE THOSE EFFORTS TO PRESERVE THE LIVE OAKS. THE COUNTY HAS INDICATED THAT ANY EFFORTS THAT HE MAKES IN HIS BACKYARD WHETHER IT'S PLANTING A PLANT OR PUTTING DOWN SIDE OR YOU KNOW, DOING SORT OF ANYTHING THAT IS ROUTINE HOME OWNERSHIP RELATED IN YOUR OWN BACKYARD HE WILL NOT BE ABLE TO DO WITHOUT APPLYING FOR A PERMIT EVERY SINGLE TIME OR WILL CONTINUE TO FACE CODE ENFORCEMENT VIOLATION LIABILITY FOR ANYTHING THAT HE DOES IN HIS BACKYARD. BASED UPON THE SURVEY THAT YOU HAVE BEFORE YOU YOU CAN OBVIOUSLY SEE THAT THERE'S NOT A WHOLE LOT OF BACKYARD AND IN THIS PARTICULAR CASE HIS REQUEST TO DO A EASEMENT OR IN FACT A -20 FOOT EASEMENT WHICH IS NOT GOING TO ACTUALLY FILL IN 20 FEET NEGATIVELY BEYOND THE LINE THAT YOU SEE. BUT JUST TO BE ABLE TO ENSURE THAT HIS SPECIMEN TREES ARE MET AND HIS REVETMENT WALL HAS BEEN IN EXISTENCE SINCE AT LEAST THE EIGHTIES AND NINETIES IS MAINTAINED IN SUCH A WAY THAT HE DOESN'T NEED AND PERMIT EVERYTHING ALWAYS BECAUSE THAT SEEMS TO BE THE LANDSCAPE THAT THE COUNTY HAS INDICATED WILL HAPPEN IF THIS VARIANCE IS NOT GRANTED. SO BASED UPON THE UNDUE HARDSHIP OF THE FACT THAT IT'S A WASTE OF COUNTY RESOURCES, IT'S A WASTE OF HIS RESOURCE IS HE'S NOT AFFECTING ANY OTHER PROPERTY OWNER AND IN FACT HIS ADJACENT PROPERTY OWNER WHO HAS ALSO BEEN THERE SINCE AT LEAST THE SEVENTIES THEY DID TAKE A SUBSTANTIAL STEPS SUCH THAT THEIR PROPERTY LINE ACTUALLY JUTS OUT IN LINE WITH THAT -20 FOOT THAT HE'S ASKING FOR AS FAR AS THIS VARIANCE IS CONCERNED AND I THINK THERE ARE SOME PICTURES I HAVE ADDITIONAL PICTURES BUT I ONLY BROUGHT THREE COPIES AND THERE ARE MANY MORE OF YOU SO I'D BE HAPPY TO SUPPLEMENT THAT WITH COLOR PICTURES IF NECESSARY BUT THE BOTTOM LINE IS IN THIS PARTICULAR CASE HE'S NOT DOING ANYTHING THAT'S OFFENSIVE OR OUTSIDE THE SCOPE OR THRUST OF THE COMMUNITY DEVELOPMENT CODE AND HE REALLY JUST SEEKS RELIEF FROM BOARD AND THAT HE CAN CONTINUE TO MAINTAIN HIS BACK YARD CONSTANTLY HAVING TO GET A PERMIT OR BE CITED BY CODE ENFORCEMENT FOR DOING SO. HE HAS TWO SMALL CHILDREN. THEY PLAY IN THE BACKYARD. 
          HE'D LIKE TO MAKE THIS A HABITABLE SPACE FOR THEM AND PRESERVE THE LIVE OAKS THAT ARE IN THAT AREA AND FEELS UNFORTUNATELY AT THIS PARTICULAR POINT IN TIME BASED UPON THE COUNTY'S POSITION AND THE CODE ENFORCEMENT ACTION THAT HAS ENSUED, HE'S NOT TO BE ABLE TO DO THAT WITHOUT YOU GRANTING THIS VARIANCE AND FOR THOSE REASONS WE DO VERY MUCH APPRECIATE YOU CONSIDERING OUR MATERIALS AND WE DO REQUEST THAT YOU GRANT THIS IN LIGHT 
          [01:35:04]
THE UNDUE HARDSHIP CAUSED AND JUST OVERALL THE EFFICIENCY OF OF INCREASING THE ECONOMY OF THE FACT THAT I'M SURE WE HAVE LOTS OF THINGS FOR THE COUNTY TO DO AND I'D LIKE VERY MUCH FOR THE APPLICANT NOT TO NEED TO GET A PERMIT MOW HIS GRASS OR TO PUT DOWN NEW GRASS IF IT DIES OR PRESERVE HIS SPECIMEN LIVE OAKS HOST BUILDING IS THIS IN THE BIG OAK STREET RIGHT AWAY. SO IS HIS BUILDING AND ACTUALLY INCIDENTAL TO THIS HE'S FILED A A A QUIET TITLE ACTION IN THE EQUITY COURT AND A PETITION TO CLOSE THE ROAD AND VEST THAT GHOST ROAD INTO HIS TITLE WHILE THE ROAD WAS CLOSED BY JUDGE DUKES, UNFORTUNATELY HE DECLINED TO ISSUE AN OPINION AS TO WHO OWNED THE ROAD SO HE ACTUALLY HAS HAD TO HIRE COUNSEL IN COLUMBIA THAT IS GOING TO BE TAKING SUBSTANTIAL STEPS TO DO MORE COURT PROCESS TO DETERMINE THOSE ISSUES. BUT HIS GRANDPARENTS AND HIS MOTHER WHO OWNED IT BEFORE HIM WHO CONVEYED IT TO HIM HAVE BEEN USING GHOST ROAD SINCE IT IS THE SEVENTIES FOR THEIR DRIVEWAY. WHAT HAS TAKEN A LOT OF RESEARCH IN ALL OF THIS IS THAT APPARENTLY THE ULMER FAMILY IN THE 1940S DECIDED THAT THEY WANTED TO BUCKINGHAM BLANDING AND MAKE IT A SUBURBAN COMMUNITY AND IN DOING SO THEY FAILED TAKE CERTAIN SUBSTANTIAL STEPS TO MAKE THAT ACTUALLY HAPPEN WHILE THEY DID PLOT GHOST ROADS THROUGHOUT THE BUCKINGHAM LANDING NEIGHBORHOOD THEY DID NOT IN FACT FINALIZE THAT PLAN IN ANY SIGNIFICANT WAY. SO BUCKINGHAM BLANDING IS ACTUALLY RIDDLED WITH I BELIEVE APPROXIMATELY AT LEAST FOUR MAJOR TOTAL GHOST ROADS THROUGHOUT THE ACTUAL COMMUNITY WHICH IS I THERE ARE NEIGHBORS OF THE APPLICANT HERE ACTUALLY TODAY BECAUSE THIS IS IT'S IT'S A PROBLEM FOR THESE THESE PROPERTY OWNERS. SO I THINK THERE ARE DISCUSSIONS ABOUT WORKING TOGETHER TO HOPEFULLY ASSUAGE THOSE TITLE ISSUES LONG TERM FOR THE BENEFIT OF ALL THE COMMUNITY MEMBERS BECAUSE THEY'RE JUST IT'S LIKE A 20 FOOT UNKEMPT. NOBODY MAINTAINS THAT SPACE. BUT WITH RESPECT TO THIS PARTICULAR ISSUE, JUST IN LIGHT OF THE FACT THAT ALL OF THE MARKERS ARE MET, HE DOES ASK THAT YOU GRANT THIS AND THOUGH I HAVE TAKEN A LOOK AT THE COUNTY'S RECOMMENDATION AND I I STAUNCHLY AND AND STRONGLY OBJECT TO ITS FINDINGS GIVEN IT IS YOU KNOW, VISIBLE TO THE NAKED EYE THAT THIS AN EXTRAORDINARY ISSUE THAT IS CENTRAL SO TO HIS OWNERSHIP DOES NOT HAVE ANYTHING TO DO WITH ANYBODY ELSE BUT JUST HIS ABILITY TO OPERATE DOING NORMAL RESIDENTIAL MAINTENANCE OF ONE'S BACKYARD IN HIS OWN BACKYARD WITHOUT THE BENEFIT OF NEEDING THE COUNTY'S INVOLVEMENT EVERY SINGLE TIME HE DOES DO THAT. 
          SO WHO OWNS LOT SIX BLOCK IN THAT THAT'S ACTUALLY OWNED BY A MINOR WHO INHERITED THE PROPERTY AFTER HIS FATHER PASSED AWAY IT IS MANAGED BY AN OFF SITE CONSERVATOR AND SUBSTANTIAL EFFORTS EVEN IN THE QUIET TITLE ACTION WITH RESPECT TO THE CLOSURE OF THE ROAD THEY'VE BEEN NOTIFIED, SIGNS HAVE BEEN UP. THIS HAS BEEN A PROBLEM FOR THIS PARTICULAR APPLICANT FOR MORE THAN THREE YEARS AND I KNOW THESE YOUR APPLICANTS BUILDINGS ON THEIR PROPERTY. NO ACTUALLY SO IF THE THE THE BUILDING THAT YOU POINTED TO THAT I CAN SEE THAT YOU POINTED TO HE'S HE GOT A BECAUSE OF THE SORT OF JUST LIKE SCATTERED NATURE OF BLOCKING HIM HE MOVED IT ACTUALLY IT'S BEEN MOVED ONTO THE GHOST ROAD BECAUSE THE SURVEY WAS ACQUIRED AND IT WAS DETERMINED THAT YOU KNOW, JUST BECAUSE YOU CAN SEE THINGS THAT LOOK LIKE THEY WERE THEY'VE BEEN YOUR PROPERTY FOR EVERY THAT DOES NOT MEAN THAT IN THE CONTEXT OF A SURVEY THEY ARE AND HE HAS MOVED THAT BUILDING ON TO THE GHOST ROAD BECAUSE OF THE RESULTS OF THAT SURVEY BUT THAT THAT'S KIND OF JUST THE NATURE OF BUCKINGHAM IT'S JUST LIKE EVERYBODY SORT OF OH WELL THAT'S ALWAYS BEEN SO-AND-SO'S PROPERTY AND THEN YOU KNOW A NICE SURVEYOR COMES OUT COST YOU A LOT OF MONEY AND ALL OF A SUDDEN YOU FIND OUT THAT'S NOT THE CASE AND IN ORDER TO BE GOOD NEIGHBORS YOU DO WHAT YOU MUST BUT IN THIS PARTICULAR CASE IT'S NOT OFFENDING ANYBODY. HE'S MAKING SUBSTANTIAL EFFORTS TO COMPLY WITH THE SPIRIT OF THE COMMUNITY DEVELOPMENT CODE WHICH IS TO PRESERVE SPECIMEN TREES WHICH ARE HISTORIC AND GRAND AND AND TO PREVENT COASTAL TIDAL EROSION. 
          [01:40:06]
AND SO FOR THOSE REASONS WE DO THAT YOU GRANT THIS VARIANCE I THINK IS THERE ANY QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU. 
          CAN WE HEAR FROM THE COUNTY? YES. HILLARY, I'M I'M NOT SURE EXACTLY WHAT MR. JULIE FRANKLIN IS ASKING FOR. WHAT I READ WAS THAT SHE DIDN'T WANT TO ABIDE BY THE RIVER BUFFER. SHE WANTS TO BE ABLE TO I DON'T KNOW WHAT SHE WANTS TO DO. THE BUFFER HAS TO BE PLANTED. SHE HAS GONE OUT SHE HAS DONE SOME STUFF WITHOUT PERMITS AND THAT'S WHY THE COUNTY KEPT GOING OUT THERE. 
          I DON'T SEE A HARDSHIP I REALLY DON'T UNDERSTAND WHAT SHE'S ASKING FOR FOR BUT I RECOMMEND DISAPPROVAL BECAUSE EVERYONE HAS A BUFFER IF. IT'S FIVE FEET IF THAT'S WHAT'S LEFT OVER YOU HAVE A BUFFER AND IT HAS TO BE PLANTED AND YOU KNOW FOR THE RIVER BUFFER FOR THE THE MARSH SO HER I THINK SHE'S GRANDFATHERED AT 28 FEET OR SOMETHING LIKE THAT BECAUSE OF THE HOUSE AND HOW LONG IT'S BEEN THERE AND ALL THAT SHE NEEDS TO RIP THIS BUFFER THEY LIKE THAT WOULD JUST REQUIRE A SPECIFIC PERMIT JUST A PERMIT WELL NEED TO LOOK AT THE LANDSCAPE PLAN TO SEE WHAT SHE'S PLANTING AND SAY THAT'S OKAY BECAUSE YOU HAVE TO PLANT NATIVE PLANTS AND THIS WOULD BE BETWEEN THE CRITICAL LINE AND THE RIP WRAP WALL THAT YOU'RE SAYING BETWEEN THE CRITICAL LINE AND THE RIFFRAFF. YES. 
          ALL ALL THIS IS HER BUFFER OR THE BUFFER. SO THIS IS THE CRITICAL LINE. 
          WE DON'T HAVE ANY OH SO IT'S IT'S HERE IT'S HERE BECAUSE THE STATE OWNS THAT THE STATE YEAH. 
          SO SHE'S TALKING ABOUT THESE TREES YOU KNOW THAT'S YOUR STATE WE'RE TALKING ABOUT IN HERE IT NEEDS TO BE VEGETATED AND SO WHAT TRIGGERED THIS WHAT PERMIT TRIGGERED THIS REVIEW YOU LOOKING AT THE REVEGETATION HAD SOME DAMAGE AND SO THAT THAT'S WHAT GOT ALL STARTED SHE WENT OUT AND SHE PUT THE RIP WRAP IN WITHOUT I'M GOING TO LET TRACY TELL YOU ALL ABOUT THAT AND THAT'S HOW IT TRIGGERED EVERYTHING SHE HAD BUILDINGS ON SOMEONE ELSE'S PROPERTY SHE HAD IN THE ROAD RIGHT OF WAY IT'S JUST A LOT THINGS AND WHEN SHE WENT AND SHE REDID THE RIP WRAP THEN THE BUFFER CAME INTO PLAY AND SO THEY NEED TO REPLANT THAT AND TAKE THEIR GRASS OUT I MEAN WE DON'T ABOUT SOFT SHE HAS TO PUT NATIVE GRASSES AND THINGS LIKE THAT IN THE BUFFER BUT WE HAVE DYLAN AND TRACY WHO IS THE CODE ENFORCEMENT AND HE'S OUR STAFF ATTORNEY WHO HAS BEEN DEALING WITH THIS ALL THIS TIME . 
          I'M OFFICER TRACY GAUCHO, THE COUNTY CODE ENFORCEMENT DEPARTMENT AND SORRY AND WE HAVE HAD ACTIVE CASES WITH THIS PARTICULAR LOCATION FOR OVER TWO YEARS NOW OBVIOUSLY YOU HAVE SEEN SOME OF THE VIOLATIONS BASED ON THE SURVEYS THAT YOU GUYS ARE LOOKING AT RIGHT NOW. BUT THE LATEST WAS A RIVER BUFFER VIOLATION. 
          THEY ADDED RIP WRAP OCR GOT INVOLVED THERE MARKED THE CRITICAL LINE THERE WAS SOME ISSUES FROM OCR RAM OUT IN THE MARSH AS WELL WITH PLANNED BACK PLAN SHE MR. DAVIS WAS ISSUED A CITATION IN FROM OUR DEPARTMENT OFFICER ROBERTS I MEAN I'M SORRY OFFICER KIZER ALONG WITH MR. TOOK THEM TO COURT ON FEBRUARY THE 26TH THEY WERE FOUND GUILTY THEY WERE FINED AND OFFICER KIZER WANTED THE MR. DAVIS AND MS. FRANKLIN TO PROVIDE THE COUNTY WITH A PLANT BACK PLAN BY MARCH THE 26TH AND I THINK THAT TO CIRCUMVENT THAT THEY DECIDED COME IN FRONT OF YOU GUYS NO I JUST WANT TO ADD FROM A LEGAL STANDPOINT THEY ARE NOT CURRENTLY UNDER A 
          [01:45:07]
COURT ORDER TO COMPLETE A PLANT BACK PLAN BECAUSE THIS WAS A CRIMINAL IT WAS NOT A CIVIL CASE WHERE YOU HAVE A WRITTEN ORDER REQUIRING YOU TO COMPLY WITH CERTAIN ASPECTS AFTER THE JUDGMENT HOWEVER THEY WERE OF THE VIOLATION AND ADVISED THAT THEY NEEDED TO UNDERTAKE A PLANT PLAN OF ABOUT 40 SHRUBS. I BELIEVE THAT'S CORRECT IN THE PLANT BACK AREA WHERE THEY WOULD BE SUBJECT TO ADDITIONAL CODE ENFORCEMENT VIOLATIONS. SO THAT WAS YOU SAID THAT WASN'T THE 40 PLANT. IS THAT BY THE COURTS? NO IT IS THAT IS NOT PART OF A COURT ORDER RIGHT NOW. THAT IS WHAT CODE ENFORCEMENT HAS REPEATED ENFORCEMENT REQUEST. OKAY. OKAY. 
          SO IS THAT RIGHT? WE'RE VEGETATION. OKAY. 
          SO NORMALLY WHAT HAPPENS WITH RIVER RIVER BUFFER VIOLATIONS IS? HILLARY LOOKS AT THE AREA THAT WAS DISTURB SHE CALCULATES BASED ON THE ORDINANCE AND SO THAT'S WHAT HAPPENED SO IF SO YOU SAW THE COUNTY WOULD WOULD DETERMINE HE GAVE HER A CALCULATION TWO YEARS AGO WHAT NEEDED TO BE REPLANTED AND WE HAVEN'T SEEN ANYTHING YET ASWELL NEEDS TO WRITE BUT BASICALLY THEY CALLED INSIDE THE GRASS. YEAH. 
          IS THERE ANY MORE QUESTIONS FOR THE COUNTY IF NOT THANK YOU LADIES AND GENTLEMEN, YOU OWE IT MISS FRANKLIN. SO I'M CLEAR WHAT IS THE EXACT ASK? SO THAT'S ACTUALLY WHAT I WANT TO CLARIFY THERE IS IN YOUR PACKET A DOCUMENT THAT SAYS THE 2024 TREE SURVEY AND INDICATES THAT THERE IS A BLUE LINE DENOTING THE OWNERS LOT LINE AND SET BACK BY THE APPLICATION AND I THINK FOR PURPOSES OF CLARITY AND TO ADDRESS MS. AUSTIN'S CONCERNS WE NEED TO HAVE THAT IN FRONT OF US SO IT SHOULD BE THE IT LOOKS LIKE THIS I DON'T IT MAY BE MARRED BY YOUR STAPLING THE THESE ARE A LOT HARDER TO GET ON EIGHT AND A HALF BY 11 THAT MAKE ANY SENSE TO 2024 2020 TO 2024 TREES ARE SET BACK LAND THAT'S NOT ON YOUR PROPERTY SO THE SETBACK LINE THAT THE APPLICANT IS REQUESTING IS THAT BLUE LINE SO THAT'S NOT SET BACK. WELL ACTUALLY SO THAT'S THAT'S WHY THE MATERIALS THAT YOU HAVE BEFORE YOU ACTUALLY SAY NEGATIVE NEGATIVE FEET FOR THE PURPOSES OF HIM BEING ABLE TO UTILIZE HIS BACKYARD, THIS IS NOT A SITUATION IN WHICH IN FACT IN THE MAGISTRATE COURT CODE THAT I DISCUSSED AND THAT MY BROTHER COUNSEL JUST JUST DISCUSSED WITH YOU THE JUDGE ACTUALLY SAID GO TO THE ZONING BOARD, GO TO THE THE THE ZONING DEPARTMENT AND GET GET YOUR ADMINISTRATIVE REQUESTS IN AND THEN WE'LL TALK ABOUT THIS LATER. 
          BUT AT THIS PARTICULAR IN TIME THE COUNTY'S CONTENTION THAT A REVEGETATE ACTION PLAN BE EXACTED THE APPLICANT IN THIS CASE NOT ONLY CALLS FOR A LANDSCAPE ARCHITECT TO DRAFT THAT PLAN AT HIS OWN EXPENSE TO PAY FOR APPROXIMATELY 40 PLANTS AT HIS OWN EXPENSE ARE ON A LIST THAT ARE SOMETIMES AVAILABLE AND SOMETIMES NOT AVAILABLE WHICH REDUCES THE AMOUNT OF PLANTS HE HAS WITHIN HIS DISCRETION TO PLANT AND ALSO CONTAINS SOME SORT CLAWBACK PROVISION THAT THE COUNTY AT ANY POINT CAN COME IN TO BACKYARD WITHIN A YEAR OR TWO YEARS OR HOWEVER YEARS. I HAVEN'T SEEN IT IN WRITING SO I CAN'T SAY TO YOU WHAT THOSE CONDITIONS ARE AND IF ANY OF THOSE 40 PLANTS ARE DEAD HE IS THEN REQUIRED TO REPLANT THEM IN THE SAME PLACE UNDER THE SAME SCOPE AND PAY FOR ADDITIONAL AND WE'RE TALKING ABOUT AN AREA IN WHICH THE SALINITY OF THE SOIL HAS KILLED THE LIVE OAKS SPECIMEN. 
          SO THIS IS NOT A SITUATION THAT CAN BE MITIGATED BY HIM WAVING A MAGIC WAND OVER THIS PARTICULAR AREA OF SPACE AND JUST HOPE THAT THEY ALL SURVIVE. 
          THIS IS ALSO A SITUATION IN WHICH THE OCR DOES NOT HAVE A PROBLEM. 
          THE STATE DOES NOT HAVE A PROBLEM. WE HAVE BEEN IN CONSTANT COMMUNICATION WITH THE STATE THEY'RE NOT HERE THEY HAVEN'T FILED ANYTHING AGAINST THE APPLICANT. THEY DON'T HAVE ANY ISSUES. THIS IS THIS IS A COUNTY ISSUE. 
          I DO UNDERSTAND THAT THE COUNTY HAS CONCERNS AND THAT THIS HAS BEEN A HISTORIC PROBLEM IN LIGHT OF THE FACT THAT THIS IS A NEIGHBORHOOD WHERE NOTHING WAS REALLY PUT WRITING UNTIL 
          [01:50:03]
THIS ALL STARTED WITH RESPECT TO HIS EFFORTS MADE TO GET ALL THESE SURVEYS AT HIS OWN EXPENSE. AND I THINK THE ISSUE IS IF IF THE COUNTY IS TO HAVE THEIR WAY IN THIS PARTICULAR CASE IT EFFECTIVELY BECOMES A REGULATORY TAKING AND THAT HE DOES NOT HAVE THE ABILITY TO MAINTAIN HIS OWN BACKYARD AND THIS 28 FEET BETWEEN REVETMENT WALL THAT EXISTED FOR DECADES BEFORE HE ACTUALLY TOOK TITLE TO IT. 
          THIS IS NOT A REVETMENT WALL HE BUILT THIS IS A REVETMENT WALL HE REPAIRED THAT HAD ALREADY BEEN BUILT BY HIS FAMILY OVER THE PAST YEARS TO PRESERVE THE SPECIMEN TREE. 
          BUT IF AT EVERY SINGLE POINT YOU DO EVERYTHING THAT YOU CAN TO DO THE RIGHT THING AND TO COMPLY WITH THE COMMUNITY DEVELOPMENT CODE AND TO PRESERVE TREES AND TO PREVENT EROSION AND COASTAL TIDAL ZONES . AND YOU'RE STILL CITED WITH CODE ENFORCEMENT AND TOLD AS SOON AS YOU GET OUT OF THAT HEARING WE'RE COMING BACK FOR YOU AND WE'RE GOING TO GET YOU AGAIN UNTIL. YOU DO EXACTLY WHAT WE SAY. 
          THAT'S THE BASIS THIS APPLICATION BECAUSE AT WHAT POINT CAN HE TRUTHFULLY SAY, YOU KNOW, COMPLY WITH THESE THESE SORT OF OVERARCHING EXTRA MEASURES THAT ARE UNNECESSARY AND WASTE TO MUNICIPAL RESOURCES IS SHRINKING. BUT CITING THE LUCAS CASE ARE YOU TRYING TO MAKE THE ARGUMENT THAT THE CURRENT CODE DOES NOT APPLY TO THE PROPERTY? I'M SAYING WITH RESPECT TO THE PREVIOUS REVETMENT WALL THAT WAS ALREADY IN EXISTENCE AND THE EFFORTS THAT WERE MADE BY HIS FAMILY DURING A PERIOD OF TIME WHICH THOSE WERE PERMISSIVE THAT HE SHOULD NOT BE REQUIRED TO DO ANYTHING LIKE A REVEGETATION PLAN OR. 
          I BELIEVE THAT AMANDA FLAKE WHO IS IN THAT EFFECTIVELY SAYING THE CODE DIDN'T APPLY WELL ONLY WITH RESPECT TO HIS FAMILY'S HISTORICAL OWNERSHIP. I IF THIS WERE A NEW PROPERTY AND ROSE HILL OR IF THIS A NEW LAND OWNER ENTIRELY COMPLETELY UNRELATED HIS CHANGE OF TITLE I WOULD NOT BE REQUESTING THIS RELIEF FOR THOSE REASONS BUT IN THIS PARTICULAR CASE THIS IS A FAMILY THAT HAS OWNED PROPERTY FOR ALMOST 50 YEARS AND WHAT THEY HAVE DONE WHICH WAS PERMITTED AT THE TIME THAT HE IS JUST CONTINUING TO MAKE REPAIRS WHICH IS WELL WITHIN THE RIGHTS THAT HE HAS UNDER THE CURRENT CODE TO MAKE REPAIRS THE REVETMENT WALL THERE IS A CODE SECTION THAT SPECIFICALLY STATES THE CREATION OF A REVETMENT WALL. 
          ALL RIGHT ISN'T A CREATION IT'S JUST A REPAIR TO OCR I DIDN'T HAVE A PROBLEM. 
          THEY THEY LITERALLY CAME OUT DID HE GET A PERMIT BEFORE HE DID THE REPAIRS TO IT THOUGH HE DID NOT BECAUSE THE CODE YOU DON'T NEED ONE. HE DIDN'T CREATE A REVETMENT WALL. HE REPAIRED A REVETMENT WALL IN THE SPIRIT OF PRESERVING SPECIMEN TREE IN LINE WITH THE CODE AS WELL AS THE BUCKINGHAM COMMUNITY CODE . 
          SO HIS CONTENTION HERE AND WAS ALSO TO JUDGE FOX IN MAGISTRATE COURT IS IT'S ALREADY THERE. 
          I DIDN'T NEED A PERMIT. I DON'T KNOW WHY I'M GETTING CITED AND SHE SAID YOU KNOW WHAT, GO TO THE BOARD, TAKE SOME STEPS HAVE THIS SORTED OUT AND THEN HOPEFULLY WE WON'T HAVE TO BE BACK HERE BECAUSE AT THIS PARTICULAR POINT TIME IT'S A LOT OF RESOURCES THAT ARE BEING EXPENDED SOMETHING THAT REALLY DOESN'T AFFECT ANYBODY ELSE BUT HIS RIGHT TO OPERATE AND USE HIS HIS PROPERTY FOR RESIDENTIAL PURPOSES. AND YOU ARE SAYING THAT OCR DOES NOT REQUIRE A PERMIT IF YOU WANT TO DO REPAIRS TO YOUR BEDROOM WALL OCR DOES NOT REQUIRE REPAIRS TO DO TO A REVETMENT WALL NOR DOES THE COMMUNITY DEVELOPMENT CODE THE COMMUNITY CODE REQUESTS OR REQUIREMENT FOR PERMITS IS WITH RESPECT TO THE CREATION OF AGAIN THIS NEW IF WE WERE TALKING NEW WE WOULDN'T BE HERE . 
          THIS IS OLD OLD AND IT'S BEEN AROUND FOR A LONG TIME AND HIS TO PRESERVE HIS BACKYARD FROM COASTAL TITLE EROSION I HAVE A BIG PROBLEM IN THAT IT'S NOT ON PROPERTY AND THE DIFFERENCE OF SQUARE FOOTAGE BETWEEN THE 1971 AND 2024 IS 443 SQUARE FEET AND THAT'S A LOT MORE THAN 443 SQUARE FEET. I'M NOT SURE WHAT YOU'RE REFERRING TO IS NOT ON HIS PROPERTY. WELL, THIS SAYS THIS IS THE PROPERTY LINE RIGHT HERE MAY I APPROACH PROPERTY LAW IS OCEAN CRITICAL LINE PROPERTY LINE RIGHT HERE. 
          RIGHT. RIGHT. SO THE NEGATIVE SO THIS IS NOT 
          [01:55:02]
IT'S NOT HIS PROPERTIES TO THIS NO IT IS HIS PROPERTY THEN WHY IS THE PROPERTY LINE HERE? BECAUSE THEY DID WHAT THEY KNOW THAT THAT I'M NOT ASKING SOMEBODY ARE YOU RIGHT YOU'RE TAKING SOMETHING YEAH KNOW I DON'T I THINK THEY HAVE TO GO WITH WHAT THEY BASICALLY SEE THE PROPERTY NO SURVEY OR SURVEY BASED ON PREVIOUS SURVEYS I MEAN IT'S THIS IS WHAT THE THE PROPERTY LINE IS IT'S RECORDED IN THE DEEDS I ACTUALLY BECAUSE THIS IS IT AND AS BUILT MAYBE THERE IS A NUANCE IN YOUR QUESTION THAT I WOULD NEED FURTHER OPINION OF THE ACTUAL SURVEYOR ON BUT MY UNDERSTANDING IS THAT THE SURVEY YOU SEE BEFORE YOU IS BASED UPON WHAT THEY SAW AND WE'RE ALSO ABOUT MARKERS IN MARSHES THAT ARE OLD AND THEY WEREN'T ABLE TO LOCATE THE MARKERS FOR THE MARSHLAND SIDE OF THE PROPERTY IS MY UNDERSTANDING BUT AGAIN I DIDN'T SIGN THE SURVEY SO NOT ENTIRELY SURE BUT I COULD DEFINITELY GET THAT INFORMATION FOR YOU. I JUST DON'T TO MISREPRESENT SOMETHING THAT I DON'T KNOW YET . YOU HAVE A QUESTION YOU'RE TALKING ABOUT THE DANGER FROM THE SALTWATER ETC. ETC. THEY'RE ASKING YOU TO PUT NATIVE PLANTS AND COMPLAINING ABOUT SOD SOD DOESN'T GROW WELL IN DANGEROUS SALTWATER. 
          SO HOW DO YOU JUSTIFY WELL WHEN HE'S HE PUT IN DIRT FILL TO REPAIR THE REVETMENT WALL AND SHORE AROUND THE LIVE OAK FOR PURPOSES OF PRESERVING IT THEY ARE ALSO SAYING THAT THAT'S A VIOLATION OF CODE SO HE HAS PUT IN DIRT TO BOLSTER THE ROOT SYSTEM OF THE LIVE OAK. 
          DOES THE DIRT OR IS IT THE SOD THEY'RE COMPLAINING ABOUT? WELL, IT'S NOT ACTUALLY EVEN SOD I BELIEVE THAT THE APPLICANT WANTED TO PUT DOWN GRASS SEED JUST SO THAT HE ALSO HAVE A ROOT SYSTEM THAT WOULD STAY PUT THAT DIRT IN AND MAINTAIN IT. 
          AND THEY TOLD THAT IF HE DID THAT HE WOULD EXPECT ANOTHER CODE VIOLATION. 
          I MEAN IT BASICALLY IT'S IT'S NOT A NATIVE PLANT. WELL I MEAN I I CAN'T THERE IS A LIST THAT HAS BEEN PROVIDED BY THE COUNTY BUT I DO NOT BELIEVE THAT GRASS OF ANY KIND IS INCLUDED ON THAT NATIVE GRASSES NATIVE GRASSES LIKE LIKE RIGHT I DON'T HAVE IT I'M GOING TO HAVE A LIST OF THOSE GRASS RIGHT. SO I DON'T I DON'T WANT TO TELL YOU SOMETHING THAT ISN'T ACCURATE BUT I HAVE IT IN FRONT OF ME AND MY UNDERSTANDING IS YOUR AVERAGE BERMUDA IS NOT GOING TO BE ON THAT LIST AND. THE PROBLEM IS THAT THE ADJACENT NEIGHBOR WITH, THE BOLSTERED PLOT LINE FROM SEVERAL YEARS AGO, DECADES WHATEVER THEY'VE GOT BERMUDA GRASS SO THE CONCERN THAT THE APPLICANT OR SOMETHING SIMILAR YOU KNOW JUST A NICE GRASS YOU KNOW LIKE BASIC GRASS THAT YOU GROW IN YOUR YARD YOU KNOW, REGULARLY IN WATER AND BECAUSE YOU KNOW, HE FEELS HE'S GOING TO BE ENTIRELY IMPAIRED FROM BEING ABLE TO IMPROVE BACK YARD BECAUSE THAT'S EFFECTIVELY WHAT THIS IS BY SAYING 28 FEET FROM HIS PORCH TO THE REVETMENT WALL THEY ARE ELIMINATING HIS ENTIRE BACKYARD FROM BEING ABLE TO USED BY HIM WITHOUT THE NEED FOR AND CHECKING AND RECHECKING AND WHAT MY VARIANCE REQUEST IS REQUESTING YOU TO DO IS TO ALLOW HIM TO USE HIS BACKYARD TO GIVE HIM PROPERTY AND NOT WASTE MUNICIPAL RESOURCES TO CONSTANTLY SEEK PERMITS FOR ROUTINE BACKYARD RELATED ACTIVITIES. BUT IT'S KIND OF LIKE IF SOMEBODY LIVED IN THE NATURE THEY HAVE TO COMPLY WITH THE COVENANTS THEY MIGHT HAVE TO SUBMIT LAND BECAUSE IT'S THERE ON THE LAND UNLESS YOU'RE TRYING TO MAKE AN ARGUMENT THAT THE CODE DOES NOT APPLY TO THIS LAND AND HE NEEDS APPLY YOU KNOW COMPLY WITH THE CODE THE CODE HAS THESE REQUIREMENTS HE HAS TO SUBMIT PLANS OR PERMITS WITH IT I I'M NOT SURE WHAT THAT IS DIFFERENT. 
          THAT IS MY CHIEF CONTENTION HERE IS THAT BECAUSE THIS IS HISTORICAL REPAIRS TO THINGS THAT ALREADY OCCURRED THAT EXISTED PRIOR I MEAN BUT IS TRANSFERRED WITHIN FAMILY, CORRECT? RIGHT. AND SO YOU'RE SAYING THAT JUST BECAUSE IT'S LITERALLY GRANDFATHERED BY HIS GRANDFATHER AND AGAIN IF HE WERE A BRAND NEW OWNER CAME HERE FROM NEW YORK WE WOULDN'T BE HERE. 
          ALL RIGHT. THIS IS A SITUATION IN WHICH THE FAMILY HAS THIS PROPERTY FOR ALMOST 50 YEARS THEY HAVE TAKEN SUBSTANTIAL STEPS TO DO THIS AND IN THE CONTEXT OF THESE PARTICULAR AT A I DON'T THINK THERE IS ACTUALLY A CODE PROVISION THAT THAT A PERMIT WOULD BE REQUIRED TO REPAIR A REVETMENT WALL. IT'S NOT IN THE CDC, IT'S NOT 
          [02:00:04]
IN SECTION FIVE 1160 IN ANY REGARD BUT IF THAT'S THE COUNTY'S CONTENTION AND THEY'RE GOING TO CONTINUE TO COME OUT AND CITE HIM, THEN WE HAVE TO COME UP WITH ANOTHER WAY TO HANDLE THIS FOR THE BENEFIT OF EVERYONE INVOLVED. OKAY THANK YOU. 
          THANK YOU. HILARY WOULD LIKE TO HEAR FROM YOU NO COME ON LADY AND SAT IN A MEETING WITH OUR ATTORNEY AND WE TALKED ABOUT THE RIVER BUFFER WE THE CALCULATIONS SHE LAUGHED SHE SAID SHE WOULD GET A LANDSCAPE ARCHITECT TO DO THE PLAN AND SHE WOULD GET IT BACK TO US I'M JUST SEEING HER NOW COME IN HERE BECAUSE IT'S TWO YEARS AGO ALMOST TWO YEARS AGO OR A YEAR AND A HALF AGO AND WE HAVE BEEN GOING OVER AND OVER AND OVER AND OVER THIS THING ABOUT THIS PLANT BACK OFF THE RIVER. THIS IS NOT THE FIRST TIME YOU GUYS HAVE SEEN WE HAVE GRANTED FOR HOUSES AND THE CONDITION IS THEY REVEGETATE BUFFER SO I'M NOT SURE WHAT SHE WANTS TO DO BUT SHE DOESN'T HAVE A HARDSHIP THAT NO ONE AND ANYONE ELSE IN BEDFORD COUNTY WHO HAS A VARIANCE OR HAS REDUCED THEIR RIVER BUFFER FROM 50 TO 10 THEY HAVE TO REVEGETATE THE BUFFER AND CAUSED THIS ON HERSELF. SHE WENT OUT THERE AND SHE PUT RIP WRAP DOWN WHETHER SHE'S REPAIRING OR NOT SHE INTO THAT RIVER BUFFER WHATEVER IT WAS DISTURBED IT AND HERE WE ARE TODAY WELL AND SHE IS ALSO NOT ON HER PROPERTY THEIR PROPERTY I'M ONLY DEALING WITH FROM THE CRITICAL LINE TO OUR HOUSE THAT AND I THINK IT'S ABOUT 28 FEET BECAUSE I CAN'T DEAL WITH THE STATE'S PROPERTY. IT IS IS THERE ANY FURTHER QUESTIONS FOR THE COUNTY? THANK YOU HILARY. WELL, THAT BEING SAID, I HAVE SOMEONE TO MAKE A MOTION I MOVE THAT WE DENY THE REQUEST FOR VARIANCE THE PROPERTY IS REQUIRES THE RIVER BUFFER TO BE REPLANTED EVERYBODY IN THE COUNTY APPLIES THE SAME RULES TO THEIR PROPERTY AND THIS IS NOT SHOWN TO BE A EXCEPTION ESPECIALLY SINCE THEY ARE SHOWING THAT THE RIP WRAP WALL AND SOME OF THE PROPERTY THAT THEY'RE USING IS ACTUALLY THE STATE'S PROPERTY. SO IT IS A MOTION ON THE FLOOR TO DENY THE VARIANCE MAY GET SOMEONE TO SECOND THAT MOTION I MEAN SO IT'S BEEN MADE IN SICK AND ALL IN FAVOR OF DENYING THIS VARIANCE PLEASE SIGNIFY BY RAISING YOUR HAND ANY OPPOSE NONE OPPOSE SO BEEN DENIED. 
          THANK YOU. ALL RIGHT, LADIES AND GENTLEMEN, IS THERE ANY PUBLIC COMMENT FOR THIS? NO PUBLIC COMMENT IS CLOSED. ANY OLD BUSINESS? NO BUSINESS ADJOURNMENT. I BELIEVE WE ADJOURN WAS PROBABLY MADE IN SECOND ON IN FAVOR I THANK YOU EXCUSE ME
* This transcript was compiled from uncorrected Closed Captioning.