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GET THIS STARTED. IT'S GOOD TO START NOW WE'RE GOING TO GET STARTED.

[1. CALL TO ORDER]

[00:00:07]

GOOD AFTERNOON AND WELCOME TO OUR SCHEDULE ZONING BOARD OF APPEALS MEETING.

FIRST OF ALL AGAIN LET ME SAY BY SAYING HAPPY NEW YEAR TO EVERYONE AND WE'RE GOING TO GO AHEAD AND GET THIS STARTED. WE'RE GOING TO CALL THIS MEETING TO ORDER AT A TIME KNOWN AS 502. WE NORMALLY BEGIN OUR MEETING BY RECITING THE PLEDGE OF ALLEGIANCE IF I COULD ASK YOU GUYS TO STAND AND FACE THE WALL.

I MEAN THE FLAG ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH TO SAY IS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU. I'M ASSUMING ALL NOTIFICATION IS GOOD.

[4. ADOPTION OF AGENDA ]

THANK YOU. ADOPTION OF THE AGENDA HAVE EVERYONE HAD THE OPPORTUNITY TO REVIEW THE AGENDA MOVE WE ADOPTED AS PRESENTED SECOND HAS BEEN PROBABLY MADE TO ADOPT AGENDA AND SECOND OF ALL IN FAVOR I HAS HAS BEEN ADOPTED APPROVAL OF OUR NOVEMBER 20TH

[5. APPROVAL OF MINUTES — November 20, 2025 ]

MEETING HAVE EVERYONE HAD THE OPPORTUNITY TO REVIEW THOSE THAT WAS HERE? I'D DO IT THE OTHER DAY IF. THERE IS NO QUESTIONS. I HAVE SOMEONE TO MAKE A MOTION TO OVER ACCEPT LIKE A MINUTES SPENT PROBABLY MADE TO A DUP OUR NOVEMBER MEETING.

ALL IN FAVOR OF THAT WE NOTE THAT MISS JANE I'M ABSTAINING. YES YES.

ALL RIGHT. SO WITH THAT BEING SAID OH, WERE YOU ABLE TO REVIEW THOSE NOVEMBER MEETING THAT WAS IT WAS OKAY. SO YOU WERE IN FAVOR OF GO

[6. Christina Johnson is requesting a Special Use Permit for Lodging, Short-Term Rental. The property is located at 193 Ernest Drive, St. Helena Island. The property is zoned T2-Rural (T2R).]

AHEAD AND YES PLEASE. ALL RIGHT. AND WENT TO THE ROOM FIRST ON OUR AGENDA, MRS. CHRISTINA JOHNSON WHO IS REQUESTING ESPECIALLY PERMIT FOR LODGING SHORT TERM RENTAL. IF YOU COULD PLEASE FORWARD I I LET US ON YOUR PURPOSE OF BEING HERE TONIGHT MY PURPOSE IS TO ACQUIRE A SPECIAL USE PERMIT FOR SHORT TERM RENTAL OF MY HOME. I'M JUST TRYING TO DOWNSIZE. I RETIRED AND WANTED TO USE THE HOME TO ACQUIRE RESIDUAL INCOME AND I'M QUITE SURE YOU HAVE YOUR PET GOOD FEEL TO ITS CAPACITY. YES. ALL RIGHT, BOARD MEMBERS, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT THAT ONE ARE YOU GOING TO WATCH OVER THEN? I MEAN DO YOU HAVE SOMEONE ELSE THAT'S GOING TO OVERSEE IT? TAG TEAM MYSELF AND SOMEONE ELSE. THIS IS THE HOUSE OWNED ERNEST DRIVER.

YES OKAY. ALL RIGHT. THERE'S NO MORE QUESTIONS FROM THE BOARD MEMBERS WHO WOULD LIKE TO HEAR FROM THE CARNY. YOU CAN HAVE A SEAT IF WE NEED TO BRING YOU BACK UP WILL YOU BRING YOU BACK UP? OH, JUST BY OFFERING A YES STAFF RECOMMENDS APPROVAL. I MEAN WE WENT THROUGH ALL THE THE MOTIONS AND IT'S NEEDED FOR THE SHORT TERM RENTAL SO WE RECOMMENDED APPROVAL. THANK YOU.

KEARNEY IS THERE ANY, UH, PUBLIC COMMENT? THERE'S PUBLIC COMMENT UP HERE SO WE CLOSED PUBLIC COMMENT LATE AND GENTLEMEN, WE HAVE HEARD FROM THE APPLICANT AS WELL AS THE COUNTY WHAT WOULD BE THE PLEASURE MOVE THAT WE APPROVE THE SPECIAL USE PERMIT A SECOND SO IT'S BEEN MOTION ON THE FLOOR TO APPROVE AND SECOND BY RMS WHO'S ALL IN FAVOR OF APPROVING ESPECIALLY PERMIT SO IT'S BEEN APPROVED MS. JOHNSON YES YOU CAN JUST GIVE IT TO COUNTY AFTER THE DAY AND I GIVE THEM ABOUT A WEEK OR TWO AND THEY SHOULD HAVE, YOU KNOW, START YOU IN THE DIRECTION YOU SHOULD GO. THANK YOU, MA'AM.

[8. Jonathan Yates is requesting a Special Use Permit for a Communication Tower. The property is located at 237 Brickyard Point Road, Lady’s Island. The property is zoned T2-Rural (T2R). ]

UM JONATHAN YATES WAS ALSO ESPECIALLY REQUESTING A SPECIAL USE PERMIT COMMUNICATION TOWER.

THANK YOU, MR. CHAIRMAN. . HAPPY NEW YEAR TO EVERYONE.

FIRST AND FOREMOST THIS IS NOT FIRST TOWER IN BEAUFORT COUNTY BUT I ALWAYS HAVE TO BOTHER SOME OF THESE NICE LADIES OVER THERE. THE BEAUTY OF HILLARY AND MISS

[00:05:03]

LISA THEY NEVER LAUGH AT ME ON THE PHONE NO MATTER HOW MANY STUPID QUESTIONS I ASK.

I THINK ONCE HILLARY HANGS UP SHE GOES OH MY GOD, HE'S NOT COMING BACK AS A GOOD TO BE WITH YOU TONIGHT. THIS IS AN IMPORTANT FACILITY ON THE PROPERTY OF AND I ALSO HAVE TO THANK MY MIKE ON THE CYNTHIA SUE PROPOSED ON THEIR PROPERTY AT A BRICKYARD POINT THE FACILITY IS FOR VERIZON WIRELESS AND DESIGNED IN ADDITION FOR THREE ADDITIONAL BROADBAND CARRIERS. I WAS OUT THAT WAY THIS AFTERNOON AND BOTH OF MY PHONES REALLY EFFECTIVE ONLY AS PAPERWEIGHTS COVERAGE IS AWFUL WHILE I JOKE ABOUT IT IT'S NOT FAIR TO FOLKS THAT LIVE OUT THERE. IT'S REALLY NOT FAIR IF YOU WALK RICHLAND COUNTY, GREENVILLE COUNTY, MOST PARTS OF CHARLESTON COUNTY YOUR PHONE WORKS. IT'S NOT FAIR TO THE FOLKS ON THE ISLAND THAT THEY HAVE TO LIVE WITH THAT KIND OF COVERAGE IN YEAR 2026 WE WENT TO WORK ON THIS AND THEN I HAVE USE MY TEAM AS CAROLYN FASEL LAURIE AND DAVID HOCKEY OF CO THIS WAS ON ASSIGNMENT FOR VERIZON VERIZON DESPERATELY HAS A NEED THERE AND THEY WANT TO FIX IT FOR THE FOLKS OUT THEY WENT TO WORK AND THEY LOCATED AND MICHAEL AGREED TO IT A PIECE OF PROPERTY THAT WAS RIGHT WHERE VERIZON WANTED TO BE. A LITTLE BACKGROUND ON THE PROPERTY.

IT'S 8.6 ACRES ZONED TO MICHAEL AND CYNTHIA HAVE BEEN THERE SINCE 2007.

THE ON THE PROPERTY WAS BUILT IN 1998 WITH A 1999 ADDITION AND IF YOU GET A CHANCE THEY'RE VERY HOSPITAL FOLKS YOU GOT TO SEE IT JUST A BEAUTIFUL PIECE OF PROPERTY.

BUT WHAT MEANT FOR US WE HAD THE 8.6 ACRES. WE HAD WHERE VERIZON WANTED TO BE. MICHAEL HAD NO PROBLEM AT ALL. THE COUNTY REQUIRES THAT WE HAVE A 50 FOOT FORESTED BUFFER AROUND THE PERIMETER. HE HAS NO PROBLEM WITH THAT BECAUSE HE'S GOT MORE THAN THAT. A 50 FOOT FORESTED BUFFER NOW OUT THERE TODAY BET ANYWHERE BETWEEN 65 70% OF THE PROPERTY IS TREE COVER AND THAT'S THE WAY THEY WANT TO KEEP IT. SO WE WERE ABLE GET THIS LOCATION IN WHERE VERIZON WANTED IT ON AN INCREDIBLE OF PROPERTY. THE FACILITY ITSELF IS WHAT WE CALL THE MONOPOLE WHAT IS A MONOPOLE MONOPOLE IS JUST A PYLON IT WHAT YOU MIGHT HAVE WHAT YOU SEE FOR A SIGN IN FRONT OF A HARDEE'S OR A WAL-MART IF SO OURS THE STEEL IS SO MUCH THICKER THE HEIGHT OF THIS IS HUNDRED AND 45 FEET AND THAT'S AN IMPORTANT HEIGHT WE ARE 145 FEET WITH THE MONOPOLE AND A FOUR FOOT LIGHTNING ROD AND BEAUFORT COUNTY IF YOU'RE A 150 FEET OR GREATER YOU HAVE TO PUT LIGHTING ON TOP OF THE TOWER AND WE WANTED TO KEEP IT UNDER UNDER THAT THRESHOLD BECAUSE IF ANYTHING CAN SOMETIMES BOTHER NEIGHBORS, THEY DON'T LIKE THE LIGHTS. SO WE ON THAT I HAVE I'LL GET YOU TO HELP ME DAVID IF YOU DON'T MIND, I APOLOGIZE. THIS IS A VERY HIGH TECH ROOM WHICH WE WERE TO GET HERE. NOT ONLY WAS IT ME BOTHERING HILARY AND LISA WE WENT THROUGH SO ALL RIGHT WHEN I SAID LOW TECH I DIDN'T MAKE IT. WE HAD TO GO THROUGH A SERIES OF FEDERAL AND STATE REGULATORY. ONE OF THE FIRST THINGS WE DO IS WE HAVE A FACILITY REVIEWED BY THE FAA IN THIS CASE YOU'LL SEE THE FAA I HIGHLIGHTED FOR YOU MADE TWO IMPORTANT FINDINGS FIRST DETERMINATION OF NO HAZARD AIR NAVIGATION.

SECONDARILY, THEY FOUND THAT MARKING AND LIGHTING ARE NOT NECESSARY.

IN ADDITION, THE STATE OF SOUTH CAROLINA THEIR SHIP SO OFF IS THE STATE HISTORIC PRESERVATION OFFICE AND THEY CAME WITH TWO IMPORTANT FINDINGS NO EFFECT ON ANY HISTORIC ARCHEOLOGICAL RESOURCES IN THE AREA WHEN WE GO TO THE DESIGN OF THE TOWER AND I'LL SHOW YOU THIS FIRST THAT WE HAVE A LEASE AREA EQUIVALENT TO THE FAULT ZONE ON WHAT IS A FALL ZONE THE BEST WAY TO DESCRIBE A MONOPOLE AND I PROMISE NOT TO BREAK THE EQUIPMENT WHERE'S THAT GENTLEMAN WHO'S GOING TO BE WATCHING ME THINK OF A STRAW WHAT A MONOPOLE WAS DESIGNED TO DO IN A CATASTROPHIC 1000 YEAR EVENT THE STEEL IS BUILT UP FROM BASE.

SO WHAT? IT HAPPENS LIKE A STRAW. IT BENDS OVER A LITTLE BIT, DOESN'T ACTUALLY FALL BUT JUST SITS THERE AND DANGLES IN CASE. SOUTH CAROLINA PROFESSIONAL ENGINEER KEITH TINDALL DID TWO IMPORTANT THINGS FIRST OF ALL, HE'S CERTIFYING THE STEEL 139 MILES PER HOUR. THAT IS THE ANSWER TO TO 22 STANDARD FOR BEAUFORT COUNTY.

I LIVE JUST TO THE IN CHARLESTON COUNTY AND I HOPE AND PRAY THAT THIS FALL WE DO NOT SEE 139 MILES PER HOUR IN EITHER OF OUR COUNTIES. THERE IT IS.

[00:10:02]

IN ADDITION HE DESIGNED THE STEEL WITH A WHAT WE CALL A 50 FOOT FALL RADIUS.

AGAIN THINK OF THE STRAW IT'LL DANGLE OVER 50 FEET. WE HAVE TO REPLACE THE TOP BUT IT DOES NOT FALL LIKE A CHRISTMAS TREE. THANK YOU, DAVID.

YES. WHAT I'M TRYING TO SHOW AND MAYBE I'M DOING MAYBE I'M NOT A LOT OF WORK CAME HERE TONIGHT. BEAUFORT COUNTY HAS A VERY INTENSIVE ORDINANCE AND IN EACH CASE WE MET EVERY REQUIREMENT FIRST ONE OF THE FIRST REQUIREMENTS WE HAVE TO BE HEIGHT OF THE TOWER WHICH IN CASE IS 149 FEET PLUS 50 FEET AWAY FROM AN EXISTING RESIDENTIAL DWELLING. MICHAEL AND CYNTHIA'S HOUSE IS 257 FEET AWAY.

WE HAVE TO BE 500 FEET PLUS THE HEIGHT OF THE TOWER AWAY FROM AN OCR, A CRITICAL LINE THAT'S 649 FEET. THERE'S NO CRITICAL LINE WITHIN 649 FEET OF THE TOWER.

WE TO BE 500 FEET FROM A MAJOR ARTERIAL OR COLLECTOR ROAD. WE'RE ACTUALLY 548 FEET FROM BRICKYARD POINT. SO THIS IS ONE OF THOSE TIMES WHERE EVERYTHING CAME TOGETHER NICELY. AN INCREDIBLE PIECE OF PROPERTY.

EXACTLY THE CARRIER NEEDED TO BE AND WE WERE ABLE TO MEET ALL THE CRITERIA OF YOU FOR COUNTY LET'S GO FORWARD IF THIS AND I HOPE YOU DO BUT WE'LL FIND OUT DEIGNS TO APPROVE THIS GOING FORWARD IT TAKES DAVID AND CARRIES PEOPLE ABOUT 45 TO 60 DAYS TO ACTUALLY BUILD THE TOWER MOST OF THAT TIME IS WHEN THE FOUNDATION SET THE TOWER ITSELF WILL BE STACKED IN DAY THEN VERIZON AND WITH OTHER CARRIERS WHEN THEY'RE READY THEY'LL COME ON AND PUT THEIR EQUIPMENT AFTER THAT ON AVERAGE VERIZON WILL PROBABLY VISIT THE SITE MAYBE 8 TO 10 TIMES A YEAR. SO WE'RE NOT CREATING ADDITIONAL TRAFFIC ON PARTICULAR POINT MOST OF THESE TOWERS IT'S ALL OPERATE REMOTELY FROM NATIONAL OPERATION CENTERS BUT A COUPLE TIMES YEAR TECH WILL COME OUT TO CHECK ON IT.

THE FACILITY ITSELF NO NOISE, ODOR, LIGHTS, VIBRATION FUMES OR GLARE.

I TOLD YOU WHAT IT DOESN'T DO IS TALK ABOUT WHAT IT DOES DO. IT PROVIDES WIRELESS BROADBAND AND VOICE TO THE SURROUNDING AREA AND THAT IS ESSENTIAL IN 2026.

YOU KNOW I GREW UP IN MY HOUSE THERE WAS A PHONE IN THE KITCHEN YOU, WANTED TO TALK TO SOMEONE. YOU HAD TO GO TO THE KITCHEN BECAUSE THEY THEY LAUGH WHEN THEY HEAR THAT WHAT IS A PHONE BECOME A PHONE IS BECOME A PERSON BUT THAT ONLY WORKS WHEN YOU HAVE COVERAGE ANOTHER. IMPORTANT FACTOR TO KEEP IN MIND IS PEOPLE LIKE MY SON AND AGAIN I DON'T KNOW WHAT HE DOING IS LIKE HE KRAZY GLUE THE PHONE TO HIS HAND IT'S ALWAYS IN HIS HAND I DON'T KNOW WHAT HE'S DOING ON IT BUT FOR A LOT OF PEOPLE TO WHAT I THINK IS ESSENTIAL IS THE ACCESS TO 911 FIRST RESPONDERS FIRE POLICE EMS YOU HAVE A SITUATION YOU SEE A SITUATION YOU SEE SOMEONE DRIVING CRAZY. YOU SEE A FIRE.

YOU CALL IMMEDIATELY BECAUSE THE PHONE IS ON YOUR HIP. WELL THAT ONLY IF YOUR PHONE CAN GET A CALL OUT. I KNOW IN I THINK IT WAS 2018 THERE WAS A CRUMMY FIRE OUT AT PLEASANT POINT MY IS WITH INCREASED COMMUNICATIONS OR SOMETHING LIKE THAT HAPPENS HOPEFULLY MORE FOLKS CAN CALL IN THEY CAN FIND NUMBERS CALL IN QUICKER RESPONSE TIMES.

SO WHAT WE'RE DOING AT THE END OF THE DAY KNOW WE'RE PROVIDING INFRASTRUCTURE.

WE'RE PROVIDING IMPORTANT INFRASTRUCTURE THAT THE FOLKS NEED AND I THINK IN THIS CASE WE'RE DOING IT IN A WAY WE MEET THE ORDINANCE AND I THINK MICHAEL CYNTHIA HAVE OFFERED US THE PERFECT PIECE OF PROPERTY IF YOU TAKE A LOOK THE PROPERTY INCREDIBLE TREE COVER AND EXACTLY WHERE WE NEED BE PEOPLE JOKE ABOUT ME THAT TAKES ME 6 MINUTES JUST TO SAY MY NAME.

I APOLOGIZE BUT I'M HERE FOR ENDING ALL QUESTIONS YOU MAY HAVE.

THANK YOU ALL. THANK YOU. LADIES AND GENTLEMEN, DO WE HAVE ANY QUESTIONS AT THIS TIME ? THE APPLICANT I DON'T YOU KNOW . THANK YOU, SIR AT THIS TIME CAN WE HEAR FROM THE COUNTY BEFORE ? YEAH. OKAY.

THAT'S JUST TOO CONVENIENT. HILLARY OKAY. AS YOU READ THE REPORT THEY MET ALL THE REQUIREMENTS SO FAR FOR TOWERS OF THE CODE SO THEY CAME TO THE SRT FOR THE CONCEPTUAL RECOMMENDATION TO THE BOARD AND WE LOOKED AT ALL THE THE 50 FOOT BUFFER AROUND THE PERIMETER OF THE PROPERTY YOU KNOW ALL THE SETBACKS THAT HE SPOKE ABOUT.

AND ONE GOOD THING IS THAT THE TOWER ISN'T GOING TO BE LIT SO YOU WON'T HAVE THAT BLINKING LIGHT AT NIGHT. SO THAT'S A GOOD THING. VISUAL IMPACT THAT THEY DID

[00:15:05]

THAT THE TREES SORT OF HIDE THE TOWER WE WONDERFUL SO WE RECOMMEND APPROVAL AND THEY'LL COME BACK FOR FINAL AND WE'LL MAKE SURE ALL OF THESE REQUIREMENTS ARE MET.

THANK YOU, MA'AM. IS THERE ANY QUESTIONS FOR THE COUNTY?

[9. Public Comment. (Limited to three (3) Minutes). ]

WELL, WE WILL NOT OPEN UP FOR PUBLIC COMMENT AND YOU CAN DID YOU FILL OUT ONE OF THESE FORMS? DID YOU SIGN ONE OF THESE FORMS HERE? IF YOU DON'T MIND, COULD YOU SIGN IF ANYONE THE AUDIENCE THAT WOULD LIKE TO SPEAK ON PUBLIC COMMENT PLEASE FILL OUT ONE OF THESE FORMS SO THAT WE COULD CALL YOU GUYS UP SO WE'RE GOING TO GO AHEAD AND OPEN UP PUBLIC MICHAEL'S CIVIL SUIT SO YES OKAY.

YOU CAN COME FORWARD AND JUST TO AS A REMINDER YOU HAVE UP TO 3 MINUTES FOR PUBLIC COMMENTS.

I'M JUST TO TO LANDOWNER AND I DIDN'T KNOW IF I WAS GOING TO HAVE TO COME UP AND ADDRESS OR JONATHAN COVERED SO I DIDN'T KNOW WE ARE LOOKING I IN THE HOUSE MY WIFE AND I 19 YEARS WE THOUGHT SERVICE SPRINT VERIZON EVERYTHING TRYING TO GET SERVICE OUT THERE AND I HAD A BUSINESS I WAS RUNNING OUT OF THE HOUSE IT WAS DIFFICULT IT REALLY WAS LIKE I SAID I'VE BEEN TRYING FOR A LONG TIME TO GET A TOWER OUT THERE SO I THINK IT'S BENEFICIAL FOR EVERYBODY OUT THERE. I GOT NEIGHBORS AND EVERYTHING ELSE THAT WOULD REALLY LOVE TO HAVE BETTER CELL SERVICE OUT THERE. SO THANK YOU SO MISS WILLIE COULD BE MR. WILLIE WILLIAM WILLIE WILL STAY UNTIL THE THIRD.

YES. SO MAKE IT EASY ON THE CHAIRMAN BOARD MEMBERS, THANK YOU SO MUCH FOR ALLOWING ME TO SPEAK AT THIS TIME. I'M NOT HERE TO OPPOSE THIS CELL TOWER AND I'LL JUST BE FRANK WITH YOU. THE LETTER CAME TO MY HOUSE LAST NIGHT. OPEN IT LAST NIGHT I FOUND OUT ABOUT THIS HEARING TOO LATE LAST NIGHT SO I PUT ALL THIS TOGETHER ROUGHLY TODAY I THINK WHAT MR. JONATHAN AND HIS TEAM HAS DONE ALONG WITH MS.. HILLARY THEIR TEAM I'M SURE IT MEETS ALL THE SETBACKS, ALL THE REQUIREMENTS, THINGS OF THAT NATURE. THE ONLY THING THAT WHEN I WAS LOOKING AT IT TODAY IS THAT OUR PROPERTY I'M AN ADJACENT LANDOWNER BESIDE CYNTHIA AND MICHAEL SO SO ON THE ADJACENT PROPERTY ONLY WE OWN TEN ACRES RIGHT BESIDE THEM.

OUR PIECE OF PROPERTY IS LANDLOCKED. ABOUT THE LAST YEAR OR SO WE'VE BEEN WORKING WITH MR. ARE TRYING TO GET ACCESS EASEMENT TO OUR PROPERTY SO MY BIGGEST QUESTION TO THE BOARD TONIGHT IS THERE IS A 50 FOOT WOODED BUFFER FOR THIS TO BE PUT ON THIS PROPERTY AND MICHAEL AND CITY AND I HAVE SORT OF TALKED I'M STILL TRYING TO GAIN ACCESS TO MY PROPERTY IS THIS TO PREVENT MY ABILITY TO TRY TO GET AN EASEMENT BE IT PRESCRIPTIVE BE IT WHAT WE HAVE TO DO TO BUY ACCESS TO MY PROPERTY IS CELL TOWER WITH THEIR REQUIREMENTS GOING TO PREVENT ME FROM MY PROPERTY AND THAT'S MY QUESTION TO THE BOARD AND I APOLOGIZE MRS. ALSTON THAT I HAVE NOT BROUGHT THIS YOUR ATTENTION IN YOUR OFFICE INTENTION EARLIER TO DO THIS BUT AGAIN LIKE I SAID I KNOW THE LETTER WAS SENT OUT ON THE TIME REQUIREMENTS THE NOTIFICATION AND IN THE PUBLIC FORUM WAS MET I'M SURE IT'S JUST THAT THE LETTER GOT TO MY DESK OR MY HOUSE YESTERDAY I OPENED IT HENCE WHY I'M HERE TODAY. RIGHT SO TO ANSWER QUESTION I DON'T HAVE THE ANSWER TO THAT.

YES SIR. MAYBE THE COUNTY CAN HELP YOU OR MAYBE YOU CAN JUST YOU KNOW, SEEK SOME KIND LEGAL RIGHT ADVICE BUT I WOULDN'T HAVE THE ANSWERS AND THAT'S WHAT I MEAN AGAIN I MEAN I'M NOT OPPOSED TO THE CELL TOWER BUT THESE ARE QUESTIONS THAT YOU KNOW, IF THIS CELL TOWER IS GOING TO PREVENT ME FROM GAINING ACCESS TO MY PROPERTY THEN 100% ABSOLUTE I'M OPPOSED TO IT. BUT IF IT'S NOT IN THE EASEMENT WE'LL STILL COME THROUGH THERE WITHOUT MESSING UP THE REQUIREMENTS. YOU KNOW, FOR THESE GUYS I WANT MORE SELF COVERAGE LIKE EVERYBODY ELSE ON THE ISLAND, RIGHT? I MEAN I OWN PROPERTY ON COURSE SAINT HELENA STUFF AND I THINK WE NEED COVERAGE BUT THAT'S A QUESTION THAT I HAVE NOT GIVEN THEIR TEAM AN OPPORTUNITY TO ANSWER SO I TAKE FULL RESPONSIBILITY FOR THAT JUST RECEIVING THIS HEARING NOTICE LAST NIGHT RIGHT NONETHELESS ONE OF MY COLLEAGUES MAY HAVE MORE INSIGHT ON IT IF NOT BEEN IS WE DON'T GET INVOLVED IT ACCESS EASEMENT TO PROPERTIES SO IF HE'S GOING TO SPEAK WITH THE OWNERS THEN THEY HAVE TO FIND A WAY TO GET TO THE PROPERTY ARE BUFFER STANDS THAT I HAVE AND I THINK WE'VE JUST MET I MEAN WE I THINK WE HAVE A GOOD RELATIONSHIP WITH THE OWNER STUFF LIKE THAT.

I'VE TALKED WITH JONATHAN BUT I DID READ REQUIREMENTS, I DID READ THE CODE AND THERE IS A

[00:20:03]

SET BACK BUFFER OF 50 FEET AS JONATHAN SO YOU KNOW STATED EARLIER IF I NEED TO COME THROUGH THAT 50 FOOT TO GAIN ACCESS TO PROPERTY CAN I THINK I DON'T KNOW I'M ASKING QUESTIONS THAT I KNOW Y'ALL DON'T HAVE THE ANSWER TO AND I APOLOGIZE FOR ASKING THESE QUESTIONS IT'S LIKE IF I IF THEY AGREE ON AN EASEMENT THEN THE GIVER OF THE HE'S MEANT WOULD HAVE TO MOVE THE 50 FOOT BUFFER INTO THEIR PROPERTY AWAY FROM THE EASEMENT.

SO WE'RE GOING TO HAVE THAT 50 FOOT BUFFER ONE WAY OR ANOTHER. IT'S JUST THAT IF HE GETS A TEN FOOT EASEMENT ON THE PROPERTY LINE THEN THE 50 FOOT BUFFER STARTS RIGHT AFTER THAT.

SO THAT'S SOMETHING THEY HAVE TO WORK OUT, YOU KNOW? I MEAN THAT'S ABOVE OUR PAY GRADE HERE TO ASK THE QUESTION BUT YES SIR I WOULD GUARANTEE IF YOU WERE TO GO BACK TO THE COUNTY ALONG WITH THE PROPERTY OWNERS I'M QUITE YOU GUYS CAN WORK SO WELL I BET A LOT OF STUPID QUESTIONS MISS AUSTEN THE YEARS AND TRUST ME SHE DIDN'T LAUGH AT MINE EITHER SO I'VE DONE A LOT OF STUFF WITH THEM BUT I MEAN I'M MORE AMENABLE TO TRYING TO WORK THAT OUT BUT I GUESS TODAY NOT KNOWING THE ANSWER TO THAT EASEMENT APPROVAL AM I OPPOSED TO IT TODAY IF I KNEW THAT I COULD GET THAT EASEMENT AND WE CAN WORK THAT THROUGH THAT I'D SAY ABSOLUTELY NOT. HOWEVER, YOU KNOW IN IN MY LETTER I SUBMITTED TO THE BOARD YOU KNOW IT TALKED ABOUT BUFFERS THINGS THAT NATURE BUT I THINK JONATHAN'S ALREADY ANSWERED MINE IS DO WE HAVE A TIME PERIOD TO MAKE THIS EASEMENT HAPPEN, YOU KNOW, A DELAY GOING TO THE WRONG PARTY? I KNOW THAT'S WHAT I'M SAYING. I MEAN, YOU KNOW YOU'RE GOING TO APPROVE IT, YOU KNOW, THEN HOW DO YOU GET THROUGH NOW? I DON'T I THROUGH IT'S WOODED.

IT'S COMPLETELY WOODED. SO WE JUST WALK THROUGH MR. WASHINGTON FRED WASHINGTON OWNS PROPERTY BUT YOU DON'T YOU DON'T HAVE A HOUSE OR A NO MA'AM.

IT IS JUST VACANT AG VACANT RIGHT NOW SO YEAH WE'RE LOOKING TO DEVELOP YOU KNOW, INTO A SMALL AREA, YOU KNOW, POSSIBLY PUT HOME BACK HERE HENCE WHY HOW THIS GOING TO ADVERSELY AFFECT MY ABILITY TO DO THAT. SO WITH THIS EASEMENT YOU WERE HOPING TO THIS EASEMENT TO ACCESS YOU? ABSOLUTELY YES, SIR. YEAH.

I DON'T I COULDN'T ANSWER AND THAT WOULD BE SOMETHING I KNOW THAT WE WOULD HAVE TO WORK OUT WITH THE HOME OR THE PROPERTY OWNERS, YOU KNOW, PETITION FOR THIS YOU KNOW, ALONG HOPEFULLY WITH THE SUPPORT OF MS. ALSTON AND HER TEAM. YEAH.

YES YOU TO DO THAT AND IF THAT'S POSSIBLE THEN YOU KNOW VERY MUCH NOT OPPOSED TO THE CELL TOWER GOING UP. WELL I WOULD RECOMMEND JUST GETTING WITH THE PROPERTY AND MAYBE WITH THE COUNTY AND SEE WHAT YOU GUYS CAN WORK OUT ON THAT.

AND I BELIEVE THERE'S ANOTHER HEARING PRIOR TO THE FINAL APPROVAL ON THIS CORRECT.

YOU HAVE TO GO IT WOULDN'T BE HERE FOR FINAL YOU HAVE TO THEY WILL HAVE FINAL BUT NOT QUITE COMING BACK TO THE CITY CORRECT. YEAH YEAH YEAH BUT THAT IS I THINK THAT'S THE ISSUE THAT A SITUATION THAT YOU WOULD WANT TO PROBABLY ABSOLUTELY I MEAN NOW THAT I'VE NOTIFIED YOU KNOW I'M ON IT THAT I WILL FOLLOW UP YOU KNOW, UP TO THE FINAL APPROVAL PROCESS ONCE NOTIFICATION HAS BEEN MADE IF WE HAVE NO MOVEMENT ON THAT.

SO THANK YOU, SIR. THANK YOU, DOUGLAS. YEAH, YOU CAN GO FOR I GUESS I GUESS WHAT I'M WHAT I WANT TO KNOW IS BASICALLY WHAT HE JUST SAID THE ADJACENT PROPERTIES FOR THE PEOPLE WHO LIVE IN THE SURROUNDING VICINITY OF WHERE THE TOWN IS GOING I DON'T KNOW EXACTLY WHERE YOUR PROPERTY IS. YOU OWN THE DAVID WAYNE LANE OKAY.

THE COMPANY OKAY SO IN EIGHT ACRE AREA EXACTLY WHERE IN EIGHT ACRES ALLOWS THE ADJACENT PROPERTIES JUST LIKE HE WAS SAYING IF WE WERE TO BUILD ON PROPERTIES THAT WE HAVE IN THAT PARTICULAR AREA WILL WE BE ABLE TO ACCESS THAT OR NOT NOT SAY ACCESS OUR PROPERTIES BUT IS IT GOING TO BE AN ISSUE BECAUSE OF THE TOWER, BECAUSE OF WHATEVER LANE THEY SET THROUGH TO GET TO THE TOWER FENCE OR WHATEVER? I DON'T KNOW.

DO YOU HAVE ANY ISSUE ACCESSING YOUR PROPERTY? NO, ME EITHER.

I'M SAYING IS THERE ARE ADDITIONAL PROPERTIES MY FAMILY OWNS IN THIS PARTICULAR AREA THAT I DON'T KNOW WHETHER OR NOT THEY WILL HAVE ISSUES. MY PROPERTY IS ON THE CORNER AND I AM HOW DO THEY GET TO THEIR PROPERTY NOW YOU GOT TO WALK THROUGH THE WOODS.

OKAY THEY GOT TO WALK TO IT BUT THEY'RE PRETTY MUCH LAND LOCKED ON.

YEAH, THERE'S NO ROADS GOING TO IT AND I'M THE MAIN THING I THINK I'M FOCUSED ON RIGHT NOW

[00:25:04]

IS I DON'T EXACTLY WHERE IN RELATION TO THE THAT THIS IS EXCEPT I KNOW WHERE HIS HIS PROPERTY IS IN HOUSES YOU KNOW IS RIGHT PAST WHERE I LIVE BUT ON THE BACKSIDE OF WHERE I THERE'S OTHER FAMILY PROPERTIES THAT I DON'T KNOW IN RELATION TO HOW CLOSE THAT IS IN THE SOUTHWEST CORNER OF THE PROPERTY AND IS IS THERE A BUFFER ZONE FROM PROPERTY TO PROPERTY THAT HAS TO BE MET. YEAH HOPEFULLY HE CAN SHARE SOME HIGHLIGHT IT ON HIS PROPERTY IN THE BUFFER ZONE THE DOWN HERE. YEAH.

OKAY SO YOU'RE NOT ANYWHERE CLOSE. NO.

YEAH HE'S ONLY MAD BECAUSE THE TEN ACRES RIGHT HERE THAT IS LAND LOCKED.

OKAY THEY HAVE ACCESS BUT IF YOU'RE DOWN HERE YOU'RE NOT. YEAH, I'M ON A CORNER.

OKAY? YOU'RE NOT EVEN CLOSE. BUT BEHIND THAT ALSO YEAH THERE'S PROPERTIES THAT LEAD TO HERE. YEAH BUT I WOULD SAY YOU KNOW THEY WOULD HAVE TO IF THEY WANT TO ACCESS THEIR PROPERTY THROUGH MR. SOULES PROPERTY THEY'D HAVE TO TALK TO MR. SO LET'S SEE IF HE'D BE WILLING RIGHT.

OKAY BUT THE BUFFER IS ON MR. SALT'S PROPERTY AND THIS IS WHERE LOCATED WAY OF THERE.

WAY OVER THERE. OKAY GO. I'M OKAY.

YEAH THERE'S A IS THERE ANY MORE PUBLIC COMMENT FOR THIS ITEM.

LET ME JUST SAY ON ON THEIR PROPERTY THE SEWELL'S THERE IS A AN EXISTING 15 FOOT INGRESS EGRESS EASEMENT WHICH THE BUFFER STARTS AFTER THAT. SO IF THIS IS AN EASEMENT YOU I DON'T KNOW WHERE YOUR PROPERTY IS IT'S SIZE 15 ON HERE IT SAYS INGRESS EGRESS.

IT DOESN'T SAY UTILITY. THAT'S AN ACCESS EASEMENT BUT YOU HAVE TO COME ACROSS SOMEBODY PROPERTY TO GET THROUGH IT. BUT I DON'T KNOW WHERE YOUR PROPERTY IS BUT THAT'S NOT SOMETHING FOR THIS. THE TOWER IS CONTAINED ON THIS PROPERTY THE BUFFERS ARE ON THIS PROPERTY AND SO EASEMENTS AND STUFF WILL HAVE TO WORKED OUT YOU KNOW WITH PROPERTY OWNERS I THANK YOU. THERE'S NO MORE THERE'S NO NO MORE PUBLIC FOR THIS ITEM. RIGHT. SO WE'RE GOING TO CLOSE PUBLIC COMMENT, LADIES GENTLEMEN, WE HAVE HEARD FROM THE COUNTY THE APPLICANT AS WELL AS THE PUBLIC BUT NOT FOR DISCUSSION OR WOULD LIKE. SO WE'D LIKE TO PLACE A MOTION ON THE FLOOR. I'D MOVE TO APPROVE IT ALSO AS A MOTION ON THE FLOOR TO APPROVE THE SPECIAL USE PERMIT IS PROBABLY ME AND A SECOND ALL IN FAVOR OF APPROVING 65 OR RAISING YOUR HAND ALL IN FAVOR OF THANK YOU RIGHT MOVING ON TO ITEM NUMBER TEN DANIEL MUSTER

[10. Daniel Mustin is requesting a Variance to construct a fence taller than 4-feet in the front yard. The property is located at 3 Bajala Drive. The property is zoned T2-Rural Neighborhood (T2RN).]

IS REQUESTING A SPECIAL OF VARIANCE TO CONSTRUCT A FENCE THAN FOUR FEET.

GOOD AFTERNOON. HUSBAND STARTED A NEW JOB THIS WEEK.

COULD YOU JUST HOLD ON ONE MOMENT LET THEM EXIT THE ROOM? THANK YOU.

YOU COULD PROCEED. MY HUSBAND STARTED NEW JOB THIS WEEK SO I AM JESSICA MARSDEN.

WE ARE TRYING TO GET A VARIANCE TO HAVE A FOOT FENCE ON THE SIDE OF OUR YARD INSTEAD OF A FOUR FOOT FENCE BECAUSE OF WHERE WE ARE LOCATED. WHEN CARS DRIVE INTO THE NEIGHBORHOOD THE, HEADLIGHTS GO DIRECTLY INTO OUR BACKYARD AND INTO LIVING ROOM AND IT IS VERY BRIGHT AND VERY DISTRACTING AND AT NIGHTTIME MAKES OUR LIVING ROOM RIDICULOUSLY BRIGHT.

WE TRIED PLANTING SHRUBS THERE BUT WE AN OAK TREE RIGHT AT THAT POSITION AND NOTHING CAN LIVE AROUND THE OAK TREE AT THAT POSITION. AND WE ALSO BECAUSE OF WHERE

[00:30:06]

WERE LOCATED. EVERYBODY COMING IN THE NEIGHBORHOOD CAN SEE RIGHT INTO THE BACKYARD. WE ALSO HAVE TWO VERY ATHLETIC CHILDREN THAT PLAY SOFTBALL FREQUENTLY IN THE BACKYARD AND THE HIGHER FENCE HELPS WITH THE NEIGHBORS NOT SOFTBALLS IN THEIR YARD ON A FREQUENT BASIS WITH A PITCHER IT'S DONE QUITE OFTEN.

WE DO NOT IMPART ANYBODY ELSE'S VIEWS. THIS IS THE SIDE OF OUR HOUSE.

AS YOU COME INTO THE NEIGHBORHOOD AND IT LITERALLY JUST KEEPS THE PRIVACY AND THE LIGHTS OUT OF THE LIVING ROOM, WE HAVE ANY QUESTIONS FOR THE APPLICANT TO PUT CURTAINS OVER THE WINDOWS? WELL, THE WINDOWS ON THE TOP ARE ACTUALLY 11 FEET IN THE AIR SO IT'S NOT REALLY AN OPTION ALONG. HAVE YOU STAYED ON THIS PROPERTY? WE MOVED INTO THE PROPERTY LAST DECEMBER A YEAR AGO, A YEAR AND A MONTH. WE BUILT THE HOUSE A YEAR AND A MONTH AGO.

YOU HELP ME HELP ME OUT TO IDENTIFY YOUR HARDSHIP AGAIN LIKE WHAT IS THE PURPOSE? WHAT WOULD MAKE YOUR PROPERTY DIFFERENT FROM ANY OTHER PROPERTY THAT WE WOULD GRANT YOU A HIGHER FENCE, A FOUR FEET VERSUS ANYONE ELSE. SO AS YOU ARE PULLING TO EVERY CAR THAT COMES IN THEIR, HEADLIGHTS ARE GOING STRAIGHT INTO OUR BACK YARD.

WE ARE ONLY ONES ON A CORNER LIKE THAT IN THE NEIGHBORHOOD IT'S GOING INTO YOUR BACKYARD IS THE LIGHT THAT YOU COME INTO MY BACKYARD WHICH MY LIVING ROOM IS OFF MY BACK YARD.

THIS IS THE SIDE FENCE NOT ON THE FRONT IT IS THE SIDE FENCE .

I DON'T UNDERSTAND THAT YOU SAY THE WINDOWS GO UP TO 11 FEET. THERE'S PROBABLY A TRANSOM ABOVE THERE SO YOU COULD HAVE SHADES THAT WERE BELOW THAT CAR LIGHTS WOULDN'T BE GOING IN AT 11 FEET AT I MEAN THERE ARE TWO SETS OF WINDOWS. THERE ARE A BOTTOM SET OF WINDOWS AND THERE ARE A TOP SET OF WINDOWS AND. THOSE LIGHTS GET VERY, VERY BRIGHT IN. THE FENCE IS ACTUALLY ON THE STREET ON THE CORNER IS.

ON THE CORNER. YEAH. OKAY.

ANY OTHER QUESTIONS FOR THE APPLICANT. IF NOT WE'LL IF WE HAVE ANY QUESTIONS WE'LL CALL YOU. OKAY. COULD WE HEAR FROM THE COUNTY PLEASE? THE COUNTY? YEAH.

THERE'S NO HARDSHIP FOR THIS. THIS IS A PIECE OF PROPERTY THAT HAS TWO STREETS SO THERE'S TWO FRONT YARDS AND THE CODE REQUIRES THAT SIDE STREETS AND FRONT STREETS THE ARE FOUR FEET AND THE REAR AND THE THE OTHER SIDE SIX FEET. SO THEY WENT OUT AND BUILT THIS FENCE I GUESS SIX FEET I'M NOT SURE AND WE GOT A COMPLAINT SO I DON'T SEE HARDSHIP LIGHTS COMING IN. YOU LIVE ON A STREET WITH TWO TWO FRONTAGE YOU'RE GOING TO GET LIGHTS. I DON'T SEE WHERE THAT'S A PROBLEM.

THE LAND ITSELF SO BY CONFERRING THIS VARIANCE THIS PROPERTY OWNER WOULD BE EITHER GIVING THEM SPECIAL PRIVILEGE OR OPENING IT UP FOR EVERYBODY A STREET TO GET A SIX FOOT FENCE WHICH WOULD BE COUNTERING THE CODE . SO STAFF RECOMMENDS AND THE APPLICANT NEEDS TO MEET THE REQUIREMENTS. THE CODE .

[11. Public Comment. (Limited to three (3) Minutes). ]

THANK YOU. IS THERE ANY QUESTIONS FOR THE COUNTY? NO QUESTIONS FOR THE COUNTY. WE'RE GOING TO GO AHEAD AND OPEN UP PUBLIC COMMENT FOR THIS ITEM. DAVID POWERS, YOU LIVE AT NINE BARLOW DRIVE WHICH IS THE PROPERTY THAT ABUTS THEIR PROPERTY AND WE'RE HERE TO RECOMMEND THAT YOU ALLOW THEM TO KEEP THAT FENCE AT SIX FEET WHEN YOU DRIVE DOWN THE ROAD THEIR HOUSE IS KIND OF ON A CORNER. THAT'S WHY THE LIGHTS ARE SHINING INTO THE HOUSE CONSTANTLY. EVERYONE THAT COMES IN IF YOU MAKE THE FENCE FOUR FEET ARE GOING TO HAVE TO LOOK INTO THEIR BACK. SO HOW MANY PEOPLE HOW MANY HOUSES ARE IN THIS NEIGHBORHOOD? A LOT 75, MAYBE 50 AT THEM.

[00:35:02]

WELL, THAT'S THIS KIND OF TWO NEIGHBORHOODS SOMEWHERE AND ONE NEIGHBORHOOD.

BUT THE NEIGHBORHOOD GOES THROUGH US OUT TO SHAMI CREEK NEIGHBORHOOD.

SO BUT AGAIN, IF YOU SEE THAT PROPERTY WHEN YOU COME DOWN THIS ROAD AND TURN THEIR HOUSES HERE, THEY'RE GETTING ALL THE LIGHTS AND THAT'S IT AND THE FENCE IS BACK QUITE A WAYS FROM THE ROAD ALREADY. IT'S NOT LIKE IT'S UP FOUR OR FIVE FEET FROM THE ROAD.

IT'S BACK A GOOD 10 TO 15 FEET FROM THE ROAD ALREADY. SO MYSELF AND MY PARTNER THAT OWN THE HOUSE NEXT DOOR RECOMMEND THAT YOU GIVE THEM A VARIANCE.

IT'S NO HARDSHIP FOR US EXCEPT THE LIGHT COMING THROUGH THE TOP OR THE BOTTOM WINDOWS EIGHT OUT OF A CAR LIGHT IS NOT FOUR FEET EIGHT MAYBE ON A TRUCK IT WOULD BE OF COURSE BUT ON A CAR . SO I DON'T KNOW I DON'T REALLY THINK OF AS HOW WOULD IT HOW WOULD THAT LIGHT GET THROUGH YOU KNOW. OH YOU'RE TELLING TELLING THE TRUTH YOU GET LIGHTS IN THERE BUT IT'S JUST COOL. BUT ISN'T THE FENCE SIX FOOT RIGHT NOW AND YOU STILL GET THE LIGHT? WHAT ABOUT BEFORE WE DID SIX FOOT IS NOT GOING TO SOLVE THE PROBLEM EITHER. NO, HE SAID IT DOES.

OH, THAT IS A BIG DIFFERENCE BETWEEN A FOUR FOOT FENCE AND YOU DON'T HAVE ANY PICTURES OF THE FENCE, DO YOU? WE HAVE SENT IT TO THEM THE NEXT INDIVIDUAL FOR PUBLIC COMMENT I BELIEVE IS ELI. YOU DIDN'T YOU DIDN'T PUT ANY ON ANYTHING THAT EVENING.

I'M ELIZABETH GILLINGHAM AND WE'RE ALSO NEIGHBORS. WE LIVE AT 26 BARLOW AND SHE'S CORRECT WE HAVE I HAVE A CALENDAR MY HUSBAND HAS A TAHOE WE CAN STAY STRAIGHT IN THEIR BACKYARD NOW AND IF THEY GO DOWN TO A FORFEIT EVERY TIME A CAR GOES BY IT'S GOING TO LIGHT UP THEIR THERE'S IT'S GOING TO BE LIKE A CIRCUS AND YES THEY DID TO BUILD ON THAT LOT ON THE CORNER BUT I DON'T THINK THAT ANYBODY HAD ANY THAT THIS WOULD BE A PROBLEM.

WE DON'T USUALLY THE PEOPLE ACROSS THE STREET HAVE A SIX FOOT FENCE AND PART OF THEIR YARD AND NOTHING'S HAPPENED TO THEM. WE DON'T NORMALLY MAKE A BIG DEAL OUT OF THINGS BUT I SUPPORT THEM HAVING AT LEAST A SIX FOOT FENCE FOR THEIR PRIVACY FOR THEIR GIRLS. I CAN SEE IN THEIR WINDOWS FROM MY TRUCK EVEN WITH A SIX FOOT FENCE AND IN ADDITION TO THAT OTHER WORK COMMENT IN I WANTED TO MAKE WAS THAT THE FENCE IN NO WAY IMPEDES YOUR VISION MAKING YOUR TURNS OR ANYTHING. IT IS IT'S WELL OFF THE STREET AND WITH THOSE TEENAGE GIRLS I JUST FEEL LIKE THEY HAVE THE RIGHT TO HAVE THAT PRIVACY AND THAT'S ALL I HAVE TO SAY ABOUT IT. YOU SAID OTHER NEIGHBORS HAVE SIX FOOT FENCES. THERE WAS A GENTLEMAN ACROSS THE STREET THAT HAS A SECTION OF SIX FOOT FENCE AND THEY JUST PUT UP GATES ON THEIR DRIVEWAY THAT ARE ALSO ABOUT SIX FEET THAT AND THAT'S JUST BEEN DONE IN THE LAST COUPLE OF WEEKS AND IT'S DIRECTLY ACROSS THE STREET AND IT'S ON THE FRONT OF THEIR PROPERTY. IT'S ACROSS THEIR NEIGHBOR ACROSS THE STREET. DO SIMPLE AS THAT I'M SORRY WE NEED TO WRITE HIM UP TO THINK HEY IF EVERYBODY'S GOT TO DO THOSE FOUR ONE GOES FOR THE OTHER JODY I BELIEVE THIS COMMENTS HIS NAME IS JODY CUMMINS I LIVE AT 18 MODULAR TO DRIVE EAST WHICH IS JUST SLIGHTLY DIAGONAL FROM THIS PROPERTY. WE HAVE LIVED OUT THERE SINCE DECEMBER OF 1988 SO WE'VE SEEN THE COMMUNITY BUILD UP AND GROW.

ALL IN ALL THERE ARE ARE ONLY ABOUT 40 LOT SITES IN THE AREA WHERE.

WE ARE MARK ISLAND AND WE'VE SOME OF THE CHANGES YOU KNOW THAT HAVE EVOLVED AND THE CHALLENGES THAT HAVE BEEN MADE TO OUR COVENANTS AND NOW A ZONING YOU KNOW ORDINANCE SO I AM 100% OPPOSED TO THE CHANGE THE VARIANCE AND THE REASON BEING IS THAT WHEN YOU INVEST IN PROPERTY YOU WHAT THE SITUATION IS THEY KNEW THEY WERE WERE GOING TO BE ON THIS

[00:40:05]

CURVE THEY KNEW THAT THEY HAD FRONTAGE TWO SIDES AND THE CODE THE CODE AND ONCE YOU START BREAKING THE CODE THEN IT OPENS IT UP FOR ALL KINDS OF MISUSE.

SO I'VE BEEN ON A PROPERTY OUT THERE PROPERTY OWNER OUT THERE FOR A LONG TIME AND.

WHAT THEY'RE TALKING ABOUT YES IT IS ON A 90 DEGREE TURN BUT THEY KNEW THAT WHEN THEY BUILT THEIR HOUSE AND THE POSITION THAT THEY PUT THEIR HOUSE IN IT .

YES. THEIR SPECIFIC FENCE. YES BUT I CAN I'VE GOT A COPY OF OUR COVENANTS WITH ME AND I FEEL LIKE THE YOU KNOW WHEN WHEN YOU INVEST IN PROPERTY YOU ARE SUPPOSED TO BE FINDING OUT THESE THINGS AND I WOULD BE WE DID TALK TO THEM EXCUSE ME IF YOU WANT IT YOU WOULD LIKE TO SPEAK AFTER SHE'S DONE WOULD YOU PLEASE COME TO THE PODIUM THAT WE CAN HEAR YOU? YES, THANK YOU. AND I WILL SAY THIS TO THE PROPERTY THAT THEY'RE TALKING ABOUT. THEY HAVE IT ACTUALLY IS A A FOUR FOOT FENCE ON THE FRONTAGE . THEY HAVE MADE IT INTO A NATURAL LOOKING FENCE. THE PIT. THEY PUT TWO PILLARS ON THE EDGE OF THEIR FENCE WHICH ARE PROBABLY FIVE FEET AND AND THEY DID PUT A GATE BUT IT MOSTLY STAYS OPEN NOW I AGREE WITH YOU IF THAT IS IN VIOLATION OF THE ORDINANCE THEY NEED TO BE PUT ON NOTICE TO THE IDEA OR THE ORDINANCES IS FOUR FEET WHAT'S THE MATTER WITH FIVE FEET.

WHAT MANNER OF SIX FEET. IT'S THE IT'S THE TOWN I KNOW I KNOW THAT BUT I MEAN THAT TO US THE ZONING BOARD IS DONE ARE THE CODE . YEAH I KNOW WHAT I MEAN IS THERE I DON'T SEE JUST FROM MY STANDPOINT I DON'T SEE WHY IT'S PRESERVED IT'S TO PRESERVE THE INTEGRITY AND BEAUTY VERSUS A CERTAIN YES CERTAIN PROPERTIES I CAN UNDERSTAND THAT YEAH OKAY AND IT'S JUST TO DO THAT AND YOU KNOW I MEAN ALL EVERYBODY OUT THERE HAS TO BEEN A PART ABIDED BY THAT UNTIL RECENTLY. THANK YOU MA'AM. THANK YOU.

DID YOU HAVE SOMETHING YOU LIKE SAY THE APPLICANT? YES, WE IT WAS NOT SPECIFICS IN THE COVENANTS FOR THE FENCE IN GENERAL WE TALK TO THE HEAD OF THE COVENANTS HE APPROVED THE FENCE BEFORE WE HAVE IT AS FAR AS I KNOW HE WROTE AN EMAIL IN SAYING THAT HE HAD APPROVED IT EVERYTHING WE HAVE DONE ON THE LOT HAS BEEN APPROVED BY THE HEAD OF THE COVENANT WE HAVEN'T DONE ANYTHING WITHOUT TALKING HIM FIRST SO DO WE HAVE A COPY OF THAT LETTER? YEAH, WE SAW IT. YEAH BUT THE CODE IS COVENANTS DOESN'T DOESN'T MATTER THE CODE IS RIGHT. YES THE POINT OF WE HAVE DONE STUFF WITHOUT TALKING ABOUT THE COVENANTS BREAKING THE COVENANTS WE HAVE GONE THROUGH THAT.

YEAH BUT YOU DIDN'T TALK TO THE COUNTY. YES MA'AM THAT IS WHY I'M HERE BUT WE THANK YOU, MA'AM. ALL RIGHT LADIES GENTLEMEN, THAT COMPLETES THE PUBLIC COMMENT IF IF SO, WE'RE GOING TO CLOSE PUBLIC COMMENT. LADIES AND GENTLEMEN, WE HAVE HEARD FROM THE APPLICANT WE HAVE HEARD FROM PUBLIC COMMENT AS WELL AS THE ONE QUESTION OF THE APPLICANT IF THEY COULD . YOU MENTIONED THAT YOU COULDN'T HAVE THERE BECAUSE OF THE TREE. HOW BIG IS THE AREA AROUND THE TREE? COULD YOU JUST SORT OF BUFFER THAT WITH SOMETHING THAT WOULD BE NOT SO SOLID THAT YOU'RE 15 FEET OFF? I'LL MAKE A MOTION. GO AHEAD MOVE THAT WE DENY THIS VARIANCE BECAUSE THERE'S NOT A HARDSHIP SHOWN IN SECOND SO THERE'S A MOTION ON THE FLOOR TO DENY THIS VARIANCE IT'S BEEN PROPERLY MADE IN SECOND SECOND LUSAKA AND ALL IN FAVOR OF DENYING THIS APPLICATION PLEASE SIGNIFY BY RAISING YOUR RIGHT HAND BEFORE IT THOSE THAT

[00:45:07]

OPPOSE AND TWO IS AGAINST. SO WITH THAT BEING SAID THIS APPLICATION HAS DENIED.

THANK YOU FOR SIX THERE IN THE OLD BUSINESS NEW BUSINESS AND GERMAN IS THE ONE TO I GUESS ONCE WE DO THE ADJOURNMENT OH I MOVE WE ADJOURN WE PROBABLY HAVE MADE TO ADJOURN IN FAVOR IT'S BEEN PROBABLY MADE A SECOND ALL IN FAVOR

* This transcript was compiled from uncorrected Closed Captioning.