Feb 26, 2026 Zoning Board of Appeals

BEFORE WE GO ANY FURTHER, I WOULD LIKE TO TAKE THIS TIME TO EXTEND THE WARM THANK YOU AND WELCOME TO OUR NEWEST MEMBER, MR. JOSEPH.

AND WELCOME TO THE ZONING BOARD OF APPEALS.

KNOW THAT YOU'LL BE A GREAT ASSET TO THIS BOARD.

UM, HILARY, ARE WE GOOD WITH OUR, UH, NOTIFICATIONS? YES.

GOOD

[4. ADOPTION OF AGENDA]

ADOPTION OF THE AGENDA.

I MOVE, WE ADOPT THE AGENDA AS SUBMITTED.

SECOND.

PROPERTY MADE, AND SECOND BY DR.

DR.

ALL IN FAVOR OF ADOPTING THE, UH, AGENDA.

UM, APPROVAL OF THE MINUTES.

[5. APPROVAL OF MINUTES — January 22, 2026]

HAVE EVERYONE UNDERSTAND THAT YOU DON'T, HE WON'T BE A PART OF THIS, MR. JOSEPH.

BUT EVERYONE HAD THE OPPORTUNITY THAT WAS HERE AT OUR LAST MEETING, UH, TO REVIEW THE JANUARY 22ND MEETING.

MM-HMM .

MINUTES.

AND IF SO, I GET SOMEONE TO PUT A MOTION ON THE FLOOR TO ADOPT THOSE MINUTES.

I MOVE, WE ADOPT THE MINUTES, SO PROBABLY MADE I SECOND IT.

IT'S PROBABLY MADE IN SECOND.

ALL IN FAVOR OF ADOPTING THE MINUTES FOR JANUARY 22ND.

ALL RIGHT.

UM, WITH THAT BEING SAID, WE WE'RE GONNA MOVE RIGHT ALONG, UH, FOR A VARIANCE REQUEST FOR MR. WARREN SIMS. YOU CAN COME FORWARD.

UM, MOVING RIGHT ALONG.

IF ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON PUBLIC COMMENT, PLEASE SEE THE STAFF OVER THERE.

THEY HAVE A FORM.

IF YOU WOULD LIKE TO KNOW THAT PUBLIC COMMENT, YOU HAVE UP TO THREE MINUTES TO SPEAK.

[6. Warren Simms is requesting a Variance to construct a house 20- feet from the OCRM Critical Line and for the house size to be larger that the five houses left and right of the property. The property is located at 84 Crosstree Drive North, Hilton Head Island. The property is zoned Windmill Harbour Planned Unit Development (PUD).]

OH, I DIDN'T HIT THIS THING.

AFTERNOON.

GOOD AFTERNOON.

MY NAME'S MIKE CHAVO AND THIS IS WARREN, THE OWNER.

HI.

WE'RE HERE.

UM, ASKING FOR A VARIANCE FOR A HOUSE THAT WE'VE DESIGNED AND, UH, PUT IT THROUGH THE, THE, UM, WINDMILL HARBOR, UH, REVIEW BOARD.

AND IT'S PASSED ALL THEIR REQUIREMENTS AND WHATNOT.

WE WENT TO THE ORIGINAL MEETING AND THEY SAID THERE WAS SOME, UH, ISSUES WITH THE SIZE.

THEY GO FIVE EACH WAY AND WE, WE THINK THERE'S SOME, UM, ARONE ERRONEOUS ADDITIONS BEEN PUT ON HOUSES NEXT DOOR BECAUSE OUR HOUSE IS SUBSTANTIALLY, IT'S, IT'S NOT THE BIGGEST IN THERE, IT'S NOT THE SMALLEST, BUT IT CONFORMS WITH ALL THE GUIDELINES.

THE A RB SAID, BUT WHEN YOU USE THE MATH THEY HAVE FOR THE, UH, OCRM SETBACK, THEY TAKE IT FROM FIVE ONE WAY AND FIVE THE OTHER.

AND, UH, SO WE DIDN'T PASS THAT.

WE WERE 600 FEET TOO BIG.

WHEN YOU DO THAT COMPARISON.

BOTH HOUSES NEXT TO US ARE BIGGER THAN OURS.

UH, I PUT TOGETHER A PAMPHLET, BUT I DON'T KNOW IF YOU GUYS HAVE LOOKED THROUGH IT OR NOT, BUT WE, UM, WE PUT TOGETHER, YOU KNOW, THE, THE ADJACENT HOUSES AND WHAT THEY, UH, THEY ARE ALL BIGGER THAN THE HOUSE THAT WE'RE DOING OURSELVES.

SO WE'RE ASKING FOR IS A VARIANCE FOR THE SQUARE FOOTAGE OF THE HOUSE.

WE HAVE A, YOU KNOW, A PICTURE OF OUR HOUSE, WHICH IS, WHICH IS HERE.

YOU GUYS, I DON'T KNOW IF YOU HAVE THIS RIGHT.

IT'S, IT'S SUBSTANTIALLY LARGER.

AND THEN, UM, I DON'T KNOW IF THIS HOUSE MADE IT IN, BUT THIS IS ACTUALLY THE NEIGHBORING HOUSE TWICE THE SQUARE FOOTAGE.

WE ARE, YEAH.

AND THEN WHEN YOU GO TO THE OTHER SIDE, THE HOUSE ON THE OTHER SIDE, IT LOOKS LIKE THAT, UH, I DON'T KNOW IF THIS IS THE BEST WAY TO DO IT, BUT YOU GUYS CAN ALL SEE IT.

YOU CAN KINDA GET TO WHAT I'M DOING.

AND THEN WHEN YOU LOOK AT THE SIDE OF IT, THEY'VE DONE SOME MAJOR ADDITIONS ON THIS FROM WHEN THEY ACTUALLY BUILT IT.

THEY PUT LIKE A GARAGE WITH THE BROOM ABOVE IT AND WHATNOT IN THE FRONT OF THIS HOUSE.

I DON'T KNOW IF THIS STUFF IS RECOGNIZED ON THE TAX ROLLS OR NOT.

I DON'T KNOW, YOU KNOW, HOW THAT WORKS.

BUT WHEN, WHEN WE DO IT ON OUR SQUARE FOOTAGE CALCULATION FOR THIS, IT, IT'S, IT'S OBVIOUSLY SUBSTANTIALLY BIGGER THAN WHAT WAS REPRESENTED ON THE FORM THAT WAS SUPPLIED TO US, WHICH IS THIS SPREADSHEET HERE.

SO WE HAVE THREE HOUSES THAT WE'D LIKE TO SAY ARE SUBSTANTIALLY BIGGER THAN ARE REPRESENTED ON YOUR TAX ROLL.

I DON'T KNOW HOW MEAN, I DON'T WANNA THROW ANYBODY UNDER THE BUS OR ANYTHING THAT OWNS THESE HOUSES, BUT IT'S, IT'S AFFECTING OUR, YOU KNOW, GOAL OF GETTING THIS

[00:05:01]

HOUSE APPROVED.

UM, SO THAT'S ESSENTIALLY WHAT WE WANT TO DO.

AND WE THINK SOME OF THE STUFF IS FLAWED.

UM, THE FLOODPLAINS HAVE CHANGED AND STUFF LIKE THAT, CHANGING THE, THE SQUARE FOOTAGES THAT YOU CAN, YOU KNOW, DO NOW FROM BEFORE THEY LOWERED THE FLOODPLAIN TWO FEET, I THINK IN 21 OR 22.

SO A LOT OF THESE HOUSES ARE RAISED UP, SO THE SQUARE FOOTAGE ON THE LOWER LEVEL DOESN'T COUNT, WHEREAS OUR SQUARE FOOTAGE ON THE LOWER LEVEL IS ALL FACTORED IN.

SO THAT'S PRETTY MUCH OUR HARDSHIP.

I HAVE A COUPLE OF QUESTIONS.

SURE.

UM, ONE, WE RECEIVED A LETTER FROM THE CHAIR OF THE ARCHITECTURAL REVIEW BOARD.

AND HE SAYS THAT IT HAS NOT BEEN APPROVED BY THE ARCHITECTURAL REVIEW BOARD.

WELL, I HAVE A LETTER RIGHT HERE FROM THE, THE BOARD.

IT'S, IT IS APPROVED WITH CONDITIONS.

UM, THE OTHER THING THAT I DON'T UNDERSTAND HOW HAVING A LOWER REQUIRED FLOOD ELEVATION IS A HARDSHIP, THAT'S A BONUS TO YOU BECAUSE THE OTHER PEOPLE WHO HAVE THEIR HOUSES RAISED UP, THEY CAN'T USE ANY OF THAT SPACE ON THE FIRST FLOOR.

WELL, WE'RE SAYING IT CHANGED THE MATH, IT CHANGED THE MASSING.

SO OUR SQUARE FOOTAGE ON THE LOWER LEVEL IS COUNTED NOW, YOU KNOW, IT'S LIKE, SAY IT'S 1200 FEET OR WHATEVER IT IS.

THEIRS, THEIRS ISN'T COUNTED IN THE F IN THE FACTOR.

BUT THEY CAN'T USE THEIR SPACE AND YOU CAN'T USE YOUR SPACE.

THEY'RE NOT AS SMALL AS THEY SAY THEY ARE.

THEY'RE, THEY'RE STILL THE SAME SIZE HOUSE THAT WE'RE BASICALLY TRYING TO BUILD.

IT'S JUST THE RECORDS REFLECT THAT THEY LOOK LIKE THEY'RE SMALLER THAN THEY REALLY ARE WHEN YOU LOOK AT THE RECORDS.

BUT IF YOU LOOK AT THE ACTUAL DIMENSIONS OF THE HOME, THEN IT'S THE SAME BASIC EXTERIOR DIMENSION.

WHAT YOU DO, YOU COUNT THE GROUND FLOOR OR NOT IN YOUR MATH.

DOES THAT MAKE SENSE? YEAH.

BUT I DON'T SEE THAT THAT'S A HARDSHIP.

BUT NO, WE'RE NOT SAYING IT'S A HARDSHIP.

WE'RE JUST SAYING THAT THAT MAKES, MAKES US LOOK LARGER THAN WE REALLY ARE.

WHEN YOU'RE COMPARING THOSE FIVE AND FIVE.

WELL, NOW THAT THEY'VE CHANGED THE RULE, YOU CAN, YOU DON'T HAVE TO DO THE ELEVATED HOUSE THERE.

SO WE'VE GOT THE GROUND FLOOR IS, IS CONDITION SPACE NOW.

WHEREAS, UH, EVERYBODY ELSE DOESN'T HAVE THAT BECAUSE THEY BUILT IT AT A DIFFERENT TIME.

SO IF WE TOOK THAT SQUARE FOOTAGE OUT AND RAISED IT AND PUT A GRAVEL FLOOR IN, WE'D BE WAY UNDER.

THAT'S KIND OF WHERE I WAS GOING WITH IT.

THERE.

ANY OTHER QUESTIONS FOR THE APPLICANT? AND THERE'S NO OTHER QUESTIONS.

UH, WE WILL HEAR FROM THE COUNTY.

OKAY, GREAT.

IS THERE ANY OTHER QUESTIONS? WE'LL CALL YOU GUYS BACK UP.

UH, WHAT IS SAYING ABOUT THE, THE HOUSE THAT ARE RAISED, THEY, THEY COUNT THOSE, THE, THE TAX ASSESSOR COUNT UNDER THE HOUSE AS A GARAGE.

SO IT'S COUNTED IN THE TOTAL SQUARE FOOTAGE.

APPARENTLY HE DOESN'T HAVE TO RAISE THE HOUSE NOW.

SO HE'S BUILDING UNDER WHERE SOMEONE WOULD'VE HAD A GARAGE THAT WOULD'VE COUNTED TOWARDS THE SQUARE FOOTAGE.

UM, SO YES, I SEE ON HERE WHERE THERE'S 6,000 AND WAS BUILT IN 2003 AND 5,000.

THEY MAY HAVE BEEN THE FIRST.

NO, THEY WEREN'T THE FIRST, BUT I'M NOT SURE HOW THEY GOT TO 6,000.

I'D HAVE TO GO BACK AND RESEARCH THAT.

BUT THAT'S THE CALCULATION THAT WE USE.

AND THERE'S SOME SMALLER HOUSES, SO THE AVERAGE COMES DOWN.

SO THAT'S WHY, YOU KNOW, HE'S PROPOSING 5,599 SQUARE FEET WHILE THE AVERAGE IS 4,400 AND, UM, 4,970 SQUARE FEET.

SO THAT'S WHY THE STAFF REVIEW TEAM DENIED HIM BECAUSE WE, YOU KNOW, FIVE LEFT.

FIVE RIGHT.

AND COMPARABLE HOUSE.

SO I DIDN'T PUT A RECOMMENDATION IN, BUT I'M RECOMMENDING DISAPPROVAL.

I GUESS HE DIDN'T PULL IT FORWARD BECAUSE HE'S NOT PARKING UNDER, BUT IT SAYS GARAGE SLABS.

ANY QUESTIONS FOR THE COUNTY? THANK YOU MS. HILLARY.

UM, RIGHT NOW WE WOULD LIKE TO OPEN THIS PART UP TO PUBLIC COMMENT.

UM, I DO RECOMMEND MM-HMM .

IF YOU DON'T GET THE VARIANCE FOR THE, IT'S UN BUILDABLE, BUT THE HOUSE SIZE.

YOU'RE REFERRING TO THE HOUSE TO THE LEFT, RIGHT? YEAH, BUT LOOK, LOOK RIGHT HERE.

LOOK AT THIS BIGGER ONE.

YEAH, HE, THIS IS THE SUITE.

HE COULD,

[00:10:02]

SO HE IS PARKING UNDER.

SO I, I'M, YEAH, SO IF HE'S PARKING UNDER THE HOUSE, HE COULD PULL THE HOUSE FORWARD AND GET RID OF ALL THAT CONCRETE IN THE FRONT, PULL THE HOUSE FORWARD AND GET IT, YOU KNOW.

UM, HOW FAR BACK IS IT? I MEAN, THAT LOOKS LIKE IT'S PROBABLY AT LEAST 20 FEET OR SOMETHING.

20 FEET.

HE COULD, HE COULD MAYBE MEET MM-HMM .

BUT THEN THAT'LL PUSH HIM BEHIND.

THAT'S JUST A WOOD DECK.

SO YOU CAN LINE UP WITH THIS BACK HOUSE, THIS HOUSE NEXT DOOR.

MM-HMM .

AND I, I GUESS I SHOULD SAY IF THERE ARE PEOPLE OUT THERE THAT ADDED ONTO THEIR HOUSE AND, AND YOU FEEL THAT WE SHOULD BE ABLE TO USE IT, THEN PLEASE LET THIS TAX ASSESSOR KNOW.

WE'LL BE HAPPY TO USE THEIR SCRIPT IF THERE FORWARD.

WOULD YOU LIKE US TO ADDRESS THAT QUESTION, MA'AM? ON MOVING THE HOUSE FORWARD? UM, IF YOU WANT TO, I MEAN, I'M JUST LOOKING AT THE, THE FACTS ON THE PROPERTY.

SO HOLD ON BEFORE YOU, COULD YOU COME BACK TO THE PODIUM? SURE.

SO THE FRONT STEPS COME WITHIN A FEW FEET OF THE SETBACK OR THE FRONT LINE THERE.

AS YOU CAN SEE, WE ALSO LOAD OUR, OUR HOUSE DOES NOT HAVE THE STREET IN FRONT OF IT.

WE LOAD FROM THE SIDE, THE STREET DEAD ENDS AT OUR LOT.

SO WE NEED SOME ROOM TO GET IN TO MANEUVER, YOU KNOW, SO THAT WE CAN, WE CAN ACCESS, YOU KNOW, THE, THE, UH, THE GARAGE AND THINGS UNDERNEATH THE HOUSE.

SO THE OTHER STREET, THE OTHER HOMES HAVE THE STREET IN FRONT OF THEM.

SO THEY HAVE A LOT MORE ROOM TO MANEUVER.

WE CAN'T CHANGE THE DRIVEWAY LOCATION BECAUSE WE HAVE TO HAVE THE ROOM IN FRONT FOR THE CIVIL ENGINEERING FOR RUNOFF.

THERE'S ALSO SOME STORM DRAINS THERE THAT WE CAN'T GET TOO CLOSE TO ON THAT ONE FRONT CORNER OF THE PROPERTY.

SO THAT HAD AN IMPACT ON IT AS WELL.

SO YOU DO HAVE A GARAGE UNDERNEATH THE HOUSE? YES.

ALMOST ALL GARAGE AS MOST OF THOSE HOMES ARE.

IS THERE ANY OTHER QUESTIONS? THANK

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

YOU.

SO WE'RE GONNA OPEN UP THE PUBLIC COMMENT AT THIS TIME.

FIRST WE HAVE MS. MARY REED.

OH, YES.

I'M MARY REED AND I LIVE AT 92 CROSS STREET, TWO DOORS DOWN.

AND I HAVE LETTERS FROM PROBABLY, I HAVE THREE LETTERS THAT WENT TO, I THINK THEY WENT TO, UM, MS. AUSTIN, I AND YOU HAVE THE LETTERS? YEAH.

THEN I REALLY DON'T NEED TO SAY ANYMORE IF YOU'VE, IF YOU'VE READ THE LETTERS.

I JUST WANTED TO MAKE SURE THAT THEY WERE SEEN.

YES, WE DO HAVE IT.

UH, MIKE, UH, MACKEY, I'M THE CHAIR OF THE ARCHITECTURAL REVIEW BOARD AT WINDMILL HARBOR.

UH, WE HAVE NOT GIVEN FINAL APPROVAL TO THE HOUSE AT THIS POINT.

WE WERE CONCERNED ABOUT THIS HEARING BECAUSE WE WEREN'T SURE WHETHER THE VARIANCE THAT WAS BEING REQUESTED WAS FROM THE 60 FEET OR FROM THE 20 FEET.

WE DIDN'T WANT TO CROSS THE 20 FEET LINE UNDER ANY CIRCUMSTANCES, BUT REQUIRING 60 FEET SEEMS DIFFICULT IN THAT SITUATION.

IT MAKES A LOT VERY DIFFICULT TO BUILD A REASONABLE SIZED HOUSE ON THAT WOULD FIT WITHIN OUR NEIGHBORHOOD.

UM, GENERALLY WE WOULD BE OPPOSED TO ANY VARIANCE TO THE OCRM SETBACKS.

UH, WE THINK THEY'RE VERY IMPORTANT TO THE CHARACTER OF THE NEIGHBORHOOD AND WE WANNA PRESERVE THOSE AS MUCH AS POSSIBLE.

NOW WE'LL WORK WITH THE OWNER TO REDUCE THE SQUARE FOOTAGE, BUT WE WANNA MAKE SURE THAT WE'RE COMPARING APPLES AND APPLES.

IF THE GARAGES UNDERNEATH NEARBY HOUSES ARE NOT BEING COUNTED AS PART OF THE SQUARE FOOTAGE IN THOSE HOUSES, WE WOULDN'T WANT TO COUNT THE SQUARE FOOTAGE IN THIS HOUSE EITHER.

IT SEEMS FAIR.

AND WE JUST DON'T KNOW FOR SURE.

'CAUSE WE DON'T HAVE ALL THE INFORMATION THAT YOU PASSED ALONG TO THEM AT THIS POINT.

BUT WE STILL HAVE TO ISSUE A PERMIT.

WE STILL HAVE SEVERAL QUESTIONS ABOUT THE DRAWINGS AND SOME OF THE OTHER WORK THAT HAS TO BE DONE.

SO PERMITS ARE NOT NEAR AT HAND FROM THE REVIEW BOARD.

WELL, IF YOU HEARD MS. AUSTIN THAT THE GARAGES IN THE NEIGHBORHOOD HOUSES ARE COUNTED IN THE SQUARE FOOTAGE, SO WE ARE COMPARING APPLES TO APPLES.

BUT WE'LL LOOK AT IT AND WE'LL SEE WHAT WE CAN DO ABOUT REDUCING THE SIZE OF THE HOUSE BEFORE WE OKAY.

WE, WE DON'T HAVE THAT INFORMATION,

[00:15:01]

SO YOU DID SAY THAT YOU GUYS ARE STILL LOOKING AT THE DRAWING PART OF THIS HOME.

IS THERE QUESTIONS? THANK YOU, SIR.

MR. JOHN ACRES HEARING ME HERE, I ACTUALLY BROUGHT TWO LETTERS WITH ME.

ONE THAT I, UH, MY WIFE AND I BOTH WROTE TO MS. AUSTIN.

UH, BUT YOU SAY YOU HAVE OUR LETTERS THAT WERE DELIVERED TO HER YES.

AS WELL AS ONE FROM THE WIGGINS MM-HMM .

SO I LIVE AT 82 CRUST TREE, WHICH IS, IT WOULD BE ONE OVER FROM 80 OR YEAH, I LIVE AT 80 CRUST TREE.

ONE OVER FROM OR TWO OVER FROM WHERE THIS PROPOSED HOME WOULD BE.

UM, PUT UP, UH, I'M CONFUSED ABOUT THE COM UH, THE COMMENT ABOUT THE SIZE OF THE HOMES THAT ARE EQUAL IN SIZE.

I LIVE IN A HOME THAT HAS 30, JUST UNDER 3,500 SQUARE FEET.

THE ONE NEXT TO ME, WHICH WOULD BE THE ONE RIGHT ADJACENT TO THE NEW HOME, IS JUST A LITTLE OVER 2,500 SQUARE FEET.

SO I'M CONFUSED ABOUT THE COMMENT ABOUT THEY'RE ALL SOMEWHAT EQUAL IN SIZE.

THEY'RE NOT, IF YOU WERE TO STAND IN FRONT OF THE HOMES THAT ARE IN THAT PARTICULAR AREA, AND IMAGINE A OVER 6,000 SQUARE FOOT HOME, IT'S GAR GARGANTUAN.

AND IT, IT IS SEEMS TO ME WOULD NOT BE IN KEEPING WITH THE AESTHETIC OF THAT PARTICULAR STREET.

I'M CERTAIN THAT THERE WAS A ANOTHER PLAN THAT WAS PROPOSED.

'CAUSE I SAW THE, UH, ORIGINAL DRAWINGS THAT DID THAT WAS IN KEEPING WITH OUR COMMUNITY.

AND SINCE THAT TIME, WHICH WAS NOT TOO MANY MONTHS AGO, A NEW PLAN HAS COME TOGETHER WITH THIS VERY, VERY LARGE HOME.

SO I DEFINITELY HAVE CONCERN ABOUT THE OCRM AND THE, AND THE DRAINAGE AND, AND THE CONSERVATION ISSUES, BUT VERY CONCERNED ABOUT THE APPEARANCE.

A VERY LARGE HOME IN THIS PARTICULAR SETTING IN WEWA HARBOR.

AND I URGE YOU NOT TO ALLOW THE VARIANCE.

THANK YOU VERY MUCH, SIR.

IS THERE ANY OTHER FULL PUBLIC COMMENT FOR THIS ITEM? DID YOU HAVE YOU, UH, FILLED OTHER FORM? OKAY.

YOU CAN COME UP, BUT I WOULD LIKE FOR YOU TO FILL OUT, FILL THE FORM OUT ONCE YOU ARE COMPLETE.

WE CROSS TREES.

SO I'M ONE OF THE NEIGHBORS AS WELL.

UM, BETWEEN US WE HAVE LETTERS FROM HOMEOWNERS, UM, FIVE ON EACH SIDE SAYING THAT NONE OF THE HOMEOWNERS ARE IN FAVOR OF THIS.

UH, THE A RB BOARD VOTED TODAY TO NOT APPROVE THE VARIANCE.

THE BOARD HAS HAD NOT VOTED ON ANYTHING BUT PRELIMINARY DRAWINGS.

UH, WE WANTED MORE INFORMATION.

WE HAVEN'T RECEIVED, WE HAVEN'T SEEN A STREET SCAPE, WHICH SHOWS US THE HOUSES FROM THE FRONT TO SEE HOW THAT ONE WILL LOOK WITH THE VARIOUS HOMES AND THE HOMEOWNERS ON, IN THE AREA ON EITHER SIDE.

WERE NOT TOLD THAT THIS WAS GOING TO BE HAPPENING UNTIL WE GOT THE VARIANCE FROM THE COUNTY.

SO THE, UH, WE ARE HOPING THAT THIS IS NOT GOING TO BE APPROVED.

THE OTHER ASPECT OF IT THAT'S VERY IMPORTANT, AS WE ARE ALL ALONG THE MARSH AND THE INTERCOASTAL THERE AT A CERTAIN HEIGHT BACK, UH, FROM THE WATER, WHICH IS PROTECTING THE ENVIRONMENT.

THIS HOUSE WILL JETT OUT, CUT OFF THE VIEWS OF BOTH SIDES AND JETT OUT FROM ALL OF OURS.

AND IT SHOULD BE EQUAL, EQUALLY DISTANT OF THE WHOLE STREET AND NOT BE ALLOWED TO BE THAT MUCH CLOSER TO THE MARSH.

SO IF THERE IS NOT ANYONE ELSE FULL PUBLIC COMMENT FOR THIS ITEM, UH, WE GOING TO, CAN I HAVE, YEAH.

UH, ARE YOU GOING TO SPEAK, ARE YOU THE PROPERTY OWNER? I'M REPRESENTING, HE'S REPRESENTING ME.

HE'S OUR, HE'S OUR CONTRACTOR.

HE, COME ON.

THERE SEEMS TO BE SOME CONFUSION ON THE REAR OF OUR HOUSE.

WE'RE THE SAME DISTANCE BACK TOWARDS THE, THE RIVER OR INTERCOASTAL AS THE HOUSE ADJACENT TO OURS WE'RE THE EXACT WE'RE 25 FEET FROM THE OCRM LINE.

SO WE'RE NOT, WE'RE WE'RE ACTUALLY, UH, IN LINE WITH THAT, THE NEIGHBORING HOUSE TO

[00:20:01]

OURS.

THAT'S WHERE WE SET IT TO MATCH.

SO WE DIDN'T GO, WE'RE NOT PUSHED BACK.

THAT'S NOT TRUE.

THE SURVEY DOESN'T SHOW THAT.

THE SURVEY DOES.

THIS IS A HOUSE RIGHT NEXT DOOR.

I'M LOOKING AT THE SURVEY.

IF YOU WERE TO LOOK AT THE SURVEY.

IT APPEARS THAT WE'RE FOLLOWING THE 25 FOOT FROM THE OCRM.

THE OCR MOVES WITH THE FLOW OF THE LAND.

AND SO WE WERE FOLLOWING THE SAME FLOW OF THE LAND AS THE NEIGHBORING HOME AS FAR AS WHERE THE OCRM IT MOVES ON THAT PARTICULAR LOT.

SO THAT'S WHAT WE WERE DOING FOLLOWING THE FLOW OF THE PROPERTY LINE AND THE FLOW.

ALL OF THOSE HOMES ARE ABOUT 25 FEET BACK FROM THE OCRM LINE ON EACH RESPECTIVE LOT.

AND THEN THE HOUSE, IT'S RIGHT DIRECTLY ADJACENT TO THIS HOUSE IS 6,000 SQUARE FEET.

SO IT MAY NOT LOOK IT, BUT IT IS RIGHT HERE.

AND THE ONE THEY ADDED ONTO NEXT DOOR TO IT, WHICH HAS IT COMPLETELY FILLS THE LOT FROM THE FRONT TO THE BACK, THIS HOUSE.

AND IF THAT'S THE EXACT, THAT'S ON THE OTHER SIDE OF THIS HOUSE, THIS JUST GIVES YOU AN IDEA OF THE SIDE YARD THAT WE'RE LOOKING AT ON HIS HOUSE.

THEY ADDED ON THIS GARAGE RIGHT HERE IN THE FRONT.

THAT WASN'T IN THE CALCULATIONS THAT THEY HAVE.

THIS, THIS IS FULL, THIS WHOLE LOT'S FULL OF HOUSE.

THERE'S NO SHORTAGE OF HOUSE.

IT GOES BACK FROM THE 20 FOOT, 25 FOOT, 25 FOOT, IT GOES ALL THE WAY TO THE FRONT SETBACK.

IT HAS A TWO STORY GARAGE IN FRONT OF IT.

I DON'T THINK IT WAS THERE WHEN THEY DID THE INITIAL, BUT I DON'T KNOW HOW THE TAX ASSESSOR DOES THIS.

I'M JUST SHOWING YOU WHAT'S HERE.

THIS ISN'T, I DIDN'T, THIS IS A PICTURE I TOOK FROM THE CENTER OF OUR LOT.

SO, BUT IT'S TWO AND, AND, AND THE NUMBERS CAN BE CONFUSING.

IF YOU LOOK AT HEATED THEN THAT'S TRUE.

THERE ARE 3030 200, 3400.

AGAIN, THAT GREEN ONE IS SEVERAL THOUSAND HEATED SEAT.

WE'RE AT 3,600 HEATED SEAT.

REST OF IT'S JUST GARAGE UNDERNEATH, WHICH EVERYBODY'S HAD BECAUSE EVERYBODY, WITH THE EXCEPTION OF THE HOUSE 82, WHICH WAS BUILT ON A CRAWL SPACE, EVERYONE HAS A GROUND LEVEL WITH SOME LEVEL OF GARAGE UNDERNEATH THEM, WHETHER THEY'RE MEASURED, WHICH IS COUNTED IN THEIR SQUARE FOOTAGE.

SOME IS, SOME ISN'T.

BUT LIKE THAT ONE GENTLEMAN SAID HE WAS AT A, HE WAS IN A 3000 SQUARE FOOT HOME AND HIS RECORD IS, YOU KNOW, BASED ON THE COUNTY, IT'S 51 24.

I JUST DON'T WANT TO SOMEBODY SAYING, OH MY GOD, IT'S 3000 VERSUS 6,000.

THAT'S NOT QUITE TRUE BECAUSE YOU DON'T ALWAYS UNDERSTAND, YOU KNOW, WHEN YOU'RE LOOKING AT, YOU SAY, I'M IN A 3000 SQUARE FOOT HOME, YOU'RE REALLY NOT HERE.

WE, WE UNDERSTAND.

I JUST WANNA MAKE SURE THIS IS ANOTHER HOUSE THAT WAS REPRESENTED.

WE, WE'VE SEEN IT.

WE HAVE THOSE.

YOU SEE WHERE THE GARAGES ARE ADDED ON AT A LATER DATE.

I JUST WANT YOU TO, I THINK WE'RE IN KEEPING, AND IF YOU LOOK, ACTUALLY LOOK AT THE HOUSE ITSELF, IT'S NOT OVERBEARING AT ALL.

IT'S A VERY NICE LOOKING HOUSE.

ALRIGHT, THANK YOU.

UM, AT THIS POINT IN TIME, IF THERE'S NOT ANYONE, IT'S, THERE'S NO ONE ELSE FOR PUBLIC COMMENT.

I APPLES, YOU KNOW, THE, IT'S 67 93 ON THE DRAWINGS MM-HMM .

UNDER, UNDER ROOF, WHICH IS FROM THE STREET, REALLY WHAT YOU SEE.

EVERY FIVE YEARS TO KEEP IT ACTIVE.

AND SO IT'S, IT'S, IT'S MUCH LARGER EVEN THAN WHAT THE HEATED SQUARE FEET? IT'S, IT, IT, I DIDN'T SEE THE PLANS UNTIL LIKE DAY BEFORE YESTERDAY.

SO I'M STILL TRYING TO PROCESS IT AND I STILL CAN'T VISUALIZE IT ON THAT LOT.

BUT IT LOOKS LIKE IT'S FROM THE OCRM LINE ALL THE WAY TO THE FRONT AND IT LOOKS LIKE IT'S GONNA BE A BIG HOUSE.

AND WE'VE HAD SOME BIG HOUSES COME AND WIN MO HARBOR THAT ARE HORRIBLE.

AND I THINK WE'RE ALL A LITTLE BIT SENSITIVE TO IT NOW AND WE WANNA MAKE SURE WHAT WE'RE GETTING INTO.

THE OTHER ISSUE IS THE OCRM LINE IS THIS, DOES THIS LOT HAVE THE RIVER BUFFER WAIVER THAT'S GRANDFATHERED IN AND BEEN RENEWED EVERY FIVE YEARS AND ALL THAT? OR, OR HAS THE OCRM LINE MOVED AND IT NEEDS TO BE RECERTIFIED? ARE YOU ASKING FOR THE HOUSES THAT ARE BUILT? I KNOW THAT WHEN WE BOUGHT OUR LOT, WE HAD TO HAVE A RIVER BUFFER WAIVER.

YEAH, THAT'S WHAT THIS IS.

THEY CAME OUT AND PUT THE, SO THAT RIGHT.

AND UH, WE HAD TO RENEW IT

[00:25:01]

OTHERWISE WE HAD TO REDO THE CR.

ONCE YOU BUILD, SPEAK IN THE HEARING, OH, ONCE YOU BUILD A HOUSE, UM, YOU DON'T HAVE TO CHECK THE RIVER BUFFER.

I MEAN THE OC RM CRITICAL LINE ANYMORE BUFFER.

NO, I'M TALKING ABOUT THIS LOT.

YES MA'AM.

IT'S INSIDE OF THE 5-YEAR-OLD.

SO YES, HE HAD IT SIGNED OFF BY OCRM.

SO, SO, BUT I MEAN I'M, THE SWALE LOOKS LIKE IT'S REALLY, I, I DON'T KNOW, 8 21 WHEN I LOOKED AT THE DRAWINGS, IT SAYS, UM, IT'S CERTIFIED AND IT SAYS IT HAS THE OCRM SETBACK LINE MM-HMM .

BUT THEN NOTE NUMBER 12 SAYS THERE'S NO OCRM SETBACK LINE ON THOSE PLANS.

SO I SEE IT, BUT I DON'T KNOW IF IT'S PART OF THE CERTIFICATION BECAUSE IT'S TAKEN OUT UNDER NUMBER 12.

I'M JUST CONFUSED BY THE DRAWINGS.

I MEAN I SEE, I SEE LOTS OF DASH LINES CROSSING EACH OTHER.

AND I'M LOOKING ON MY LITTLE TINY LAPTOP, SO IT'S VERY DIFFICULT FOR ME TO SEE.

BUT I DID NOTICE THAT AT THE BOTTOM UNDER NOTE 12, IT SAID NO OCRM SETBACK LINES INCLUDED ON THE DRAWINGS, BUT THEN I SEE IT, SO I'M CONFUSED.

IT IS, THEY'VE CHANGED THE NAME OF IT.

NOW IT'S THE SCDS LINE AND IT'S SHOWN SO I'M CLEAR TO THE A RB, THIS HAS NOT BEEN APPROVED.

CORRECT? CORRECT.

CORRECT.

BEFORE THE HORSE ON THIS.

SO AT THIS POINT IN TIME, WE GONNA CLOSE PUBLIC COMMENT AND UH, WE GONNA GO AHEAD AND MOVE FORWARD ON THIS.

LADIES AND GENTLEMEN.

UH, ARE YOU GUYS READY TO I'M READY TO MAKE A MOTION.

TO MOTION.

I MOVE THAT THE REQUEST FOR VARIANCE IS DESI DENIED BECAUSE THERE HAS BEEN NO HARDSHIP SHOWN.

VARIANCE IS CORRECT.

AND I I DON'T SEE A HARDSHIP FOR EITHER ONE.

I THINK THAT THEY COULD, WHAT I WONDER IS WHETHER THEY NEED TO GO BACK TO THE DRAWING BOARD BEFORE THEY CAME HERE AND GET RIGHT WITH A RB BEFORE THEY PRESENTED ANYTHING.

THAT'S UP TO THEM TO THAT.

THAT'S KIND OF WHAT MY QUESTION IS TO THE, TO THE APPLICANT.

WHETHER YOU WANT US TO MAKE A RULING ON THIS.

I MEAN, IF THEY GO BACK AND MAKE THE HOUSE WITHIN THE SQUARE FOOTAGE OF THE FIVE HOUSES, THEY DON'T NEED, UH, VARIANCE BECAUSE THE STAFF CAN APPROVE THAT AND THAT DOES THE MM-HMM .

SETBACK TOO, SO MM-HMM .

MM-HMM .

SO I GUESS THAT'S A QUESTION TO THE APPLICANT IS ONE OR TWO THINGS WE CAN DO TONIGHT.

WE CAN MAKE A RULING MOVE FORWARD WITH OUR RULING AND ALL.

YOU CAN GO BACK TO THE DRAWING BOARD, MINIMIZE THE SIZE OF THE HOME TO BE CONDUCIVE FIVE LEFT FIVE RIGHT.

AS WELL AS IF YOU DO THAT, THEN YOU MAY BE WITHIN YOUR, UM, SETBACK.

WELL, WE CAN'T DO A 60 FOOT OR 50 FOOT SETBACK.

NO.

THAT'S WHAT THE FIVE HOUSES ON EITHER SIDE IS, IS THAT IF YOU'RE WITHIN THEIR SQUARE FOOTAGE, THE AVERAGE OF IT, THEN STAFF CAN GRANT YOU A, A SETBACK FROM THE UM, OCRM LINE BECAUSE IT'S WOULD BE CONSIDERED AN UNBUILDABLE LOT.

SO IF YOU FOLLOW THE RULES, THEN YOU WOULDN'T NEED A VARIANCE AND YOU COULD GET A HOUSE THAT WOULD FIT WITHIN THE SIZES OF YOUR NEIGHBORS.

AND I'M SURE STAFF WOULD BE HAPPY TO DISCUSS IT FURTHER WITH YOU ON HOW BIG IT WE'LL WORK WITH THAT WITHDRAWING.

JUST TO BE CLEAR, I HAVE, THAT DOESN'T MATTER TO US CONDITIONS.

NO, BUT IT JUST GOT BROUGHT UP AND THAT'S WHY I WANTED OKAY.

THAT DOESN'T MATTER TO US.

SO THAT'S NOT TRUE.

SO YOU WOULD LIKE TO GO AHEAD AND RESEND YOUR MOTION AND THAT WAY THEY CAN JUST SEND THE APPLICANT BACK, HEY, STOP.

IS IS THE APPLICANT GONNA UM, YEAH, RESEND YOUR TABLE, YOUR PROJECT? YEAH, IF WE CAN WORK WITH THE SET BACK ISSUE, WE'LL DEAL WITH THE OTHER PHONE.

WELL YOU CAN SAY THERE'S WASN'T A SECOND SO IT DIED BECAUSE LACK OF A SECOND.

SO WHAT I'LL DO IS GO AHEAD AND TABLE THIS AND IF FOR WHATEVER REASONS YOU CANNOT MEET WITH THE COUNTY AND, AND, AND COME UP TO A UNDERSTANDING, WE'LL JUST KEEP YOU ON OUR AGENDA FOR THE NEXT SCHEDULE MEETING FOR NEXT MONTH OR IF NEXT NOT UNLESS YOU THINK YOU NEED TWO MONTHS.

[00:30:01]

I MEAN, I DON'T.

ALL RIGHT.

SO WHAT WE GONNA DO IS YOU, WE GONNA ALLOW YOU TO GO AHEAD, WORK WITH THE COUNTY, SEE IF YOU CAN STAY WITHIN YOUR SIZE FIVE LEFT, FIVE RIGHT.

AS WELL AS ZERO STEP BACK.

NOW WHAT IS THE VARIANCE ALLOWED? I MEAN THE AVERAGE IS 49 IN CHAIN.

I MEAN IF WE'RE, IF WE'RE 200 FEET OVER, IS THAT ACCEPTABLE? I MEAN, WHAT'S THAT? I MEAN, YOU'VE GOT HOUSES AGAIN THAT ARE MUCH LARGER THAN US.

I I THINK THAT'S SOMETHING THAT WE AS A BOARD DO, DON'T GO THROUGH.

YOU'LL HAVE TO MEET WITH THE STAFF TO TALK TO THEM ABOUT THAT DURING BUSINESS HOURS.

WHAT'S YOUR TAKE, HILLARY? IF HE'S NOT ABLE TO MEET THE FIVE LEFT FIVE RIGHT.

AVERAGE HE'S GONNA COME BACK TO SEE YOU.

YEAH, IT'S AS SIMPLE AS THAT.

WELL WE JUST KEEP HIM ON.

UH, IF NOT THEN WE'LL JUST TABLE THIS UNTIL OUR NEXT SCHEDULE MEETING.

SO, SO, SO I UNDERSTAND THIS, SO IF YOU CUT, YOU DON'T HAVE TO COME BACK TO THIS BOARD, BUT YOU HAVE TO COME BACK TO THE STAFF REVIEW TEAM.

ALRIGHT? OKAY.

THAT WHAT YOU GUYS WANNA DO? I DIDN'T HEAR YOU.

YES SIR.

I MEAN JUST KEEP US ON FOR NEXT MONTH AND WE'LL WORK THROUGH IT BETWEEN NOW AND THEN.

UM, WE'RE GONNA MOVE FORWARD TO OUR NEXT MR. BILL KENNEDY WHO'S REQUESTING A SPECIAL USE FOR LODGING IN UP TO 24 ROOMS. HEY, GOOD EVENING CHAIRMAN.

SEE IF WHAT'S NEEDED BACK THERE.

ALRIGHT, WE'LL JUST KEEP YOU ON FOR OUR NEXT MONTH.

THANK YOU GUYS FOR YOUR TIME.

[8. Bill Kennedy is requesting a Special Use Permit for Lodging, Inn up to 24 Rooms. The property is located at 12 Chechessee Creek Drive, Bluffton. The property is zoned T2-Rural (T2R).]

UH, MY NAME'S DAN KEEFER WITH WHITMER JONES KEEFER.

AND MR. BILL KENNEDY, COULD YOU HOLD A MOMENT? LET THE EXIT, IT'S ALMOST CLOSED.

ALRIGHT, YOU CAN PROCEED.

THANK YOU, MR. CHAIRMAN.

MY NAME'S DAN KEEFER.

I'M WITH WHITMER JONES KEEFER.

WE ARE LAND PLANNERS.

UH, HERE, HERE WITH MR. BILL KENNEDY.

HE'S THE GENERAL MANAGER FOR CREEK.

AND FIRST I'D LIKE TO THANK HILLARY AND STAFF FOR GETTING US HERE.

WE MET WITH STAFF, UM, WE SUBMITTED FOR CONCEPT SRT, WE RECEIVED CONCEPT SRT APPROVAL, AND THEN WE SUBMITTED BY PROCESS FOR, UM, FOR THIS ZONING VARIANCE.

SO HERE, WE'RE HERE FOR THE ZONING VARIANCE FOR THE SPECIAL USE, UM, FOR A 10 ROOM INN.

THAT'S THE WAY IT'S WRITTEN IN THE CODE.

UM, YOU'LL SEE THE WORD BOARDING HOUSE, THAT'S OUR, OUR INTERNAL NAME.

BUT THE, FROM A CODE STANDPOINT, UM, 10 ROOM INN IS THE, THE TERMINOLOGY.

UM, SO THIS, THE PROPERTY, UH, WAS PLATTED AS LOT ONE.

IT'S THE FIRST LOT AS YOU COME IN THE ENTRANCE.

UH, IT'S A THREE ACRE LOT.

IT IS, UM, NOT PART OF THE CURRENT POA.

UM, IN, IN THIS COMMUNITY.

THE POA IS SORT OF, UM, ONE IN ONE WITH THE, THE CLUB OPERATIONS.

SO IT'S GOLF CLUB OPERATIONS.

UM, AND I'M SORT OF JUST GOING THROUGH THE NARRATIVE AND WE CAN GO BACK IN MORE DETAIL IF WE NEED TO.

JUST SOME OF THE HIGHLIGHTS.

UM, AGAIN, EXISTING SINGLE FAMILY, A LOT WE'RE SURROUNDED BY GOLF COURSE ON THE NORTH AND EAST.

UM, AND THEN BY, UM, CHEE OWNED OPEN SPACE TO THE WEST.

UM, THE SITE PLAN, IF, IF YOU HAVE THE SITE PLAN IN FRONT OF YOU, THE COLOR PLAN YOU'LL SEE TO THE NORTH IS CHEE CREEK DRIVE.

AND WE'LL HAVE A MORE OF A, A RESIDENTIAL DRIVE TYPE FEEL ENTRANCE, AND THEN A, A GRAVEL TYPE PARKING LOT FOR 10 TO 11 CARS.

THE, THE 11TH CAR WOULD BE FOR A DA ACCESS.

AND THEN THERE THERE'S THREE BUILDINGS.

THERE'S THE MAIN COTTAGE, WHICH WOULD BE SORT OF LIKE THE MAIN HOUSE.

AND THEN THERE'S TWO SECONDARY, UM, COTTAGES OR GUEST COTTAGES.

IN THE MAIN HOUSE WOULD BE TWO ROOMS. AND THEN IN THE COTTAGES THERE ARE FOUR ROOMS EACH FOUR OF THE, THE IN ROOMS. UM, AS FAR AS THE EXISTING INFRASTRUCTURE, SEWER, WATER, STORM WATER IS ALL THERE.

OBVIOUSLY STORM WATER WILL, WILL ADD TO WHAT'S THERE TO BE COMPATIBLE WITH THE, THE BEFOR COUNTY ORDINANCES AND SETBACKS.

WE'RE MEETING THE, THE TTU SETBACK REQUIREMENTS.

WE'RE MEETING THE PARKING REQUIREMENTS.

UM,

[00:35:01]

AND I GUESS THE LAST THING OR THE, THE SPECIAL USE PERMIT REQUIREMENTS, WE CAN GO BACK THROUGH THOSE IF WE NEED TO.

I SORT OF HAVE THE HIGHLIGHTS HERE AS FAR AS THE CHARACTER.

IF YOU'D LIKE, WE CAN GO BACK THROUGH THOSE WITH YOU TO ADDRESS ANY SPECIFIC QUESTIONS.

I KNOW THAT'S THE MAIN REASON WE'RE HERE.

SO I'LL, IF YOU HAVE QUESTIONS AS FAR AS OPERATIONS OR USE BILL AND I CAN ANSWER THOSE QUESTIONS.

IS THERE ANY QUESTIONS FOR THE APPLICANT? I MEAN, OBVIOUSLY YOU'VE DONE YOUR HOMEWORK ON THIS, SO I DON'T THINK THERE'S ANY QUESTIONS FROM THE BOARD.

UM, IF THERE IS ANY QUESTION, WE'LL CALL YOU, YOU GUYS BACK UP.

AND HILLARY, DO YOU, WOULD YOU LIKE TO SAY SOMETHING? NO, WE RECOMMENDED APPROVAL.