Planning Commission - Regular Meeting

Mr. Hair.

Mr. Hair. Y'all ready? Okay. compliment. Can you call them back? Cuz this one right over here is not working. It It came up, but This one right here.

Good. Thank you.

I'd like to call to order the February 2nd, 2026 meeting of the Charleston County Board of Zoning and Appeals, also known as the BZA. My name is William Ray and the board members that will hear your case tonight are as follows. To my right, we have Mr. Brown, Mr. Sadell, and Mr. Neil should be joining us momentarily. And then to my left, we have Mr. Nelson, Miss Smith, and Mr. Jordan. I think the other Miss Smith will be in momentarily as well. staff members that are present that were here the cases as well as Miss Sally Brooks is in route and then we have Miss Clark, Mr. Foster, Mr. Hair, Miss Bach, and Miss Workin. And our attorney to my immediate right is Mr. Kevin Huji. Because the meeting tonight is a public factf finding meeting, we are in compliance with the Freedom of Information Act and South Carolina code 6-29-70. 15 days prior to the hearing, an announcement was printed in the posting courier. A sign was posted on or near the property. A notice [clears throat] was mailed to the applicant or the applicant's representatives to the property owners within 300 ft of the property and to parties of interest, persons, organizations and news media have also requested declaration of our meeting and have also been notified. Board members, the meeting notes for January 5th, 2026 were sent to you. Are there any changes? If not, can I get a motion to approve and a second?

Motion to approve. I'll second. Okay. So, I got approval here in a second there. Very good. All those in favor, please indicate by saying I and raise your right hand.

I. All right. Goody. It carries. Our case rulings from the BZA and this meeting are available to the public review and inspection during normal business hours at the Charleston County zoning and planning department. The board [clears throat] of zoning and appeals is a quas judicial body and it has full decision making authority on the following appeals of zoning related administrative decisions. The BCA is authorized to hear and decide appeals only on zoning related matters where it is alleged that there is an error in the order requirement, decision or determination made by the administrative official in the administration or enforcement of any zoning related regulations. A 23 vote of the quorum present is required to overturn the decision of the planning direction planning director in an appeal. And then we have special exceptions. A special exception is issued by the BZA authorizing a particular use in a specified location within the zoning district. Upon demonstrating this use, it must comply with all the conditions standards specified in the zoning and land development regulation ordinance, also known as Zeldar. The BCA must find that a special exception meet all six of the approval criteria in the ordinance in order to grant a special exception. A simple majority is required to approve a special exception. And then finally, we have a variance. A variance is a relaxation of the BZA's regulations of the orders where such an action is not to be contrary to the public interest and where owing to the conditions particular to the property and is not a result of the actions or situation of

the applicant. A literal enforcement of this code will result in the unnecessary and undue hardship and such variance is consistent with section 6-29-680 of the code of the state of South Carolina title 6 chapter 29. The BZA must find the variance request meets all seven of the approval criteria in the ordinance in order to grant the variance. And a simple majority is required to grant a variance. Our purpose tonight is for interested parties to be heard in order to assist the board in gathering this evidence that is pertinent to each case. If a board member of the BCA feels a need for further information or to clarify a case, the board has the authority to subpoena witnesses. It must be understood that the rules of your neighborhood or your subdivision are binding and we can take no action that would ne that would ne neglect their jurisdiction over the property. In addition to your testimony, our board has been presented written information submitted by the staff by the applicant or the applicant's agent for each case. This information is now considered to be evidence and is entered into the permanent record of this body. It is assumed to be complete, true, and accurate. In addition, we have been presented data that has been assembled by staff for the purpose of clarifying the location and the application's effect on surrounding properties. Our board is empowered to approve approve with conditions or to deny a special exception or a variance request. We're also authorized to defer a case should there be a need to obtain additional information. The BCA's final decision will be mailed within 10

working days of this public hearing. It will be mailed via certified mail to the applicants and US mail to the neighbors and community of interest. If an applicant's request is approved, the applicant can contact the Charleston County Board of Zoning Appeals Department staff to discuss the next steps in the process. Barances and special exceptions granted this evening are valid for 12 months after this meeting and a one-year extension may be granted if construction or development has been commenced or has been diligently pursued. However, if an applicant's request is denied or disapproved, an applicant may wish to appeal the decision of this board concerning the case. An appeal must be addressed to the circuit court. South Carolina code 6-29-820 states an appeal must be filed by the applicant within 30 days of the decision of this board when it has been mailed to them. Failure to file an appeal within that time limit deprivives the court of the jurisdiction to hear a matter. Because this is a quasi judicial body, everything said in this meeting must be complete, true and accurate. All the information provided to the BZA is considered evidence and the board may certify contempt of circuit court if false statements are made either in writing or orally. Each person that wishes to speak to this body will be sworn in by the BZA secretary before providing testimony or evidence. And in order to expedite this procedure, those who wish to speak to this body, we ask that you stand up, raise your right hand, and complete the oath. And Miss Workin will administer the oath. So at this

time, please stand if you wish to speak to this body. Please stand and raise your right hand. I will say the oath, and you will say, I do. I swear to tell the truth, and nothing but the truth.

Thank you. And if you change your mind and didn't stand at this time, you can get sworn in and then we can get you an opportunity to speak as well. I will now call each case by case number. Staff will present pertinent facts to each case limited to five minutes. I will then call the applicant and the applicant will stand, state his or her name and current address for the record before presenting testimony pertinent to each case limited to five minutes. I would then ask those who were speaking in support or in opposition to each case, they will follow the same procedure to identify themselves and are limited to two minutes. The applicant then will have a chance to reply to any opposition limited to two minutes and then the BCA will close the case to the public and then finally the BCA will make a motion concerning the application stating specific findings of facts and conclusion of law. Tonight we will hear two old cases and five new cases. And our first case will be done by Miss Working. Case BZA10-25-0915. Miss working. Um

did I get the right number? Yes, I did. Yeah. Um I believe the applicant wants to present um a continuence request. So, if the applicant for this case, please come forward. Please state your name and address for the record. Sure. It's Katie Austin Heatherly. I'm at 1606 Teal Marsh Road. That's in Charleston 29412. Thank you.

So, we've been working on this diligently since the last meeting um to try to find a solution that would grant access to the property owners beyond the tree and also keeping the tree. and we recently have had a a nice breakthrough and we think that we're going to be able to reach a solution. So that we are asking for a continuence to give us that time so that we can try to work it out and hopefully avoid asking for the variance and hopefully we'll be able to save the tree. Okay. How long of a time frame would you need? Hopefully not too long. Thinking maybe four weeks. Okay. Well, we probably won't be able to hear you in four weeks, but we'll Oh, we will. No.

All right. I didn't think so. I meant Yes, you're correct. April, it would be April, May if they need to come back. If they Okay, very cool. I think she's saying if she might have an answer in four weeks. The goal would be to not have to come back. Yes. Very good. [snorts] Let me see if any board member have any questions. On my right, we have any questions? On my left. Thank you for trying so hard. Mhm. Okay. Now, at this time, I'll bring it to a vote to make We need a motion to defer for 60 days. That would work. Yes. All right. Motion to defer for 60 days. Can I get a second? Second. Okay. So, we have a second. All those in favor, please indicate by saying I raise your right hand. I I It is unanimous. We get it.

Very good. So, you will have a continuence and our staff will let you know the next opportunity where you can fit in on our agenda. Very good. Thank you. Thank you for coming today. Thank you.

Okay. Our next case will be case BZA 10-25- 00916.

Okay. The applicant, Roger Hunt of Stanley Martin Homes, represented by Andrew Todd Burke of Kimley Horn, is requesting a variance to allow the removal of 15 grand trees located near or within the Von Ocean Road rideway for a proposed roadway widening project. The project includes undergrounding existing overhead power lines and constructing curb and gutter improvements. 14 of the grand trees are located within the Von Ocean Road rightaway near TMS number 38800 078 081 082 083 086 093 um 112 1172 180 and 580 in the north area of Charleston County Fawn Ocean Road is a South Carolina Department of Transportation SC DOT rightaway. One Grand Tree slated for removal is located on TMS number 388000000160 owned by Nicole Middleton. Stanley Martin Homes is under contract to purchase this property and Miss Middleton signed the variance application authorizing Stanley Martin Homes to represent her property. This case was originally scheduled for review by the board of zoning appeals BCA on December 1st, 2025. During the public hearing, BCA attorney Calvin Huji advised the board and the applicant that in his legal opinion, the application suffered from the same procedural defect as a previous case. Specifically, the applicant does not own the property where the trees proposed for removal are located, i.e. the stateowned public rightaway. Therefore, the applicant may lack standing to bring the variance request before the board. Mr. Huiji recommended that the board not vote on the case and suspend it pending further review. He further stated that if the

Charleston County legal department disagreed with his opinion, the case would could be rescheduled for a future Bizia hearing, provided all required public notices were issued in accordance with county procedures. Following the hearing, Mr. Huge consulted with the county attorney and they determined that Stanley Martin Holmes does have standing to bring the variance request before the board and there's also correspondence in your packet um from DOT SC dot supporting that position as stated in their me memo dated January 19th 2026. Stanley Martin Homes in collaboration with their consultant Kimley Horn hosted an informal dropin community meeting on January 8th, 2026 from 3:00 to 6 o'clock at Lincolnville Town Hall. The purpose was to inform attendees about the upcoming Von Ocean Road improvement project in Charleston County. Approximately a dozen community members attended, allowing for meaningful engagement and discussion. The project team provided detailed information and addressed concerns and collected valuable feedback to guide future decisions. While not all attendees were fully satisfied, the meeting fostered transparency and open communication between the developer, consultant, and community, contributing positively to the project's progress and alignment with local expectations. This is the zoning ordinance um requirement in our uh Zeldar chapter 9. the 300 foot radius map and the project goes from um Lincolnville to Highway 78 on Vision Road. Ariel, we posted the property on sorry [laughter] uh January 16, 2026.

So this is one of the trees. It's tree number four. It's a 25.5 live oak grade B. Um tree number five 36 inch live oak grade B. Tree number six 28 water oak tree. Um tree number grade B also. Um 32 inch live oak tree. Number seven, um, grade B, 37inch live oak tree, grade B. And that's number 12. Number 15 is a 44 inch live oak tree, grade B. 16 is a 42 inch um live oak tree, grade B. 21 um is a quad. So 15, 20, 20, 20, 25 um live oak tree, and this one's a grade C. of 22 is a 32 inch live oak tree at a grade B a 12 1921 live oak grade B and that's tree number 25 I think 31 is a 25inch live oak tree and this is grade C plus another grade C plus a 28 in live oak tree number 37 number 56 is a 26inch live oak tree grade B. Number 57 is a 31inch live oak, grade B. And number 58 is a 33inch live oak, also grade B. This is some photographs of on Ocean Road. And then the site plan showing where the Grand Trees are located. I don't want to cut down.

Okay. Um, so I did forget to say this site, this project is under site plan review right now. And regarding the approval criteria, we stated that it may meet one through four and six and seven and it meets five. The board may approve, approve a conditions, or deny the case based on the BCA's findings of fact unless additional information is deemed necessary to make an informed decision. Please note each tree may be considered separately for approval, approval conditions or denial. In the event the board decides to approve the application, the board cons should consider the following conditions recommended by staff. Number one, prior to zoning permit approval, the applicant shall complete the site plan review process. Two tree barricades constructed of chainlink fencing shall be installed around all protected trees within 40 feet of disturbance prior to any construction pursuant to section 924 of the Zeldar. Three, the applicant shall retain a certified art art sorry arborist to monitor and treat all grand trees within 40 ft of disturbance throughout construction. A copy of the tree preservation plan shall be submitted to zoning staff for review and approval prior to zoning permit issuance. Four, the applicant shall mitigate the removal of 553.5 in by one of the following methods. A, submitting a mitigation plan for review and approval indicating the installation of canopy trees no smaller than 2.5 inches in caliber equaling inch per inch replacement. B, by depositing funds into the Charleston County Tree Fund as described in section 926 of Zeldar, or C, a combination of both A and B. Mitigation shall be completed prior to tree removal.

Any questions? Do we have any questions of staff here? I I [clears throat] I do have one question. And this will be for Mr. Foster. Um tree 31 and 37. If we can pull those up. I know you made these grades, right? Yes, sir. Okay, that looks pretty good. What What was wrong with that tree particularly? I see you give it a grade C, but yeah, it has been some time since I was on this side. Probably six months at least. Trying to real trying to remember this. I'm sorry. It

that Yes. So, that one has to recall the you see how the kind of hard to it was topped at some point in its life. And so as you look the stems and the first picture on the left, the stems are quite wide um a few a few feet uh after they branch off and they kind of just stop. So it was pruned maybe it could have been storm damage or for for power line clearance those um although the tree is healthy over time it's going to decay into down into itself because of those big cuts. So for the time being next couple of decades it's fine but it is certainly going to going to weaken that tree in you know in time. It's not it's not going to be here forever.

And then tree 37 also power line primemed severely. Okay. Burying the power lines under line. If if you sir if you would please hold your comments we'll give you an opportunity to speak. Okay. I'll give you an opportunity to speak but not at this time. Okay. Thank you for your patience. Was there anything else? Okay. Yes, sir. I need to recuse. How many of the trees that are proposed for removal are impacted by the power line?

Again, it's been some time some time since I've been there, but I think probably about a third of those trees are are have had some significant pruning done to them. So, the tree was trees with one side. All right. Thank you. Okay. All right. D. Yes, sir. Mr. Chair, sorry for my tardiness. Um, I need to recuse on this because I know the owner of Stanley Martin Homes very well. I just think it's appropriate for me to recuse myself on this topic. So, I'll sit out. Okay. Please make [clears throat] note of that, please. Yes, sir. If you just step out. Yeah. Thank you, sir. Anyone else?

That's it. Thank you, Miss Working. At this time, is the applicant present? Please state your name and address for the record. And please tell us why we should approve this application. Sir, good afternoon. My name is Andrew Todd Burke. I'm a landscape architect with Kimley Horn. The address is 1080 Morrison Drive in Charleston. Very good. Tell us why we should approve this contract, sir.

Yes, sir. Application. Um, first of all, thank you all for your time. um twice now. I appreciate it um very much so. And so just uh to begin, this is just like a little bit different than the standard project that comes before you typically for uh tree removal variance request. um in that um as as a landscape architect typically if I come up here I'm able to tell you something like um well hey we assessed the site as a whole and we looked at the distribution of where all the grand trees were and we were able to manipulate the site design to save the more favorable trees and you know remove the uh you know the more damaged or diseased trees. Um in this type of project in this sort of application we we do not have that option. we, you know, need to stay within the roadway that we have. Um, so just kind of wanted to point that out. It's just a little bit different. So, um, the purpose of this project is to mitigate any future traffic, um, for a development that's happening in the town of Lincolnville. Um, [snorts] so kind of, uh, to the I guess to the west of behind the homes on the west side of Bonosen Road. Um and so there will be two connections that come out on TV road and because of that um you know we looked at a traffic impact analysis and it was stated that in order to help mitigate the traffic we needed to create a dedicated turn lanes into each entrance um both left and right. So we have a center um auxiliary lane that we are installing as well as a dedicated right turn lane into the entrance. Um, in addition to that, we are also um proposing to add a right turn lane to Vonosen and 78 where that intersection is currently. There's not currently a turn lane there. And so those um, you know, improvements together is what we were told is needed to happen in order

to mitigate for the um, impending traffic from the development. [snorts] Um, so you know, as we went through this, we looked at as many alignments as we could, you know, within the space that we have. So we are, you know, looking to avoid trees. We're looking to avoid existing infrastructure while putting the improvements in, you know, within the existing rightaway that we have. As mentioned, in order to create the um entrances into the proposed development, there were a few properties purchased. Um, and so, you know, in order to make that so there was a little bit of extra space there. So this is um, you know, these are the reasons for it. And then I just wanted to talk a little bit about some of the benefits of of these improvements. So obviously mitigate traffic, help traffic flow. The other thing um it was mentioned the overhead power lines. The power lines are going to be put underground for improved resiliency during storms. Also just for the future of trees planted in the corridor. Um additionally um there will be curb and gutter added um to help and a storm water system installed. So currently it's a ditch system um that is not very well maintained and so curb and gutter will be installed with a stormwater system um in order to to help mitigate that. So um I think you know the way the one way to view it there are many ways to view this but one one way to view this is is that this is a positive private investment to community infrastructure. um you know otherwise to get these sorts of road improvements you know we're looking at tax dollars you know um half cent you know penny sales tax things like that so there is one way to look at it um now I'm not I I do understand that the trees mean things to people on this road and that's very difficult as we honestly don't really want to do uh the tree removals but it's necessary in order to make this development happen. So, um, when it when it comes to the trees, they are all within the rightway. However, we do

understand that just because a tree is located technically within a rightaway, it doesn't feel like it's your tree in your front yard. Um, so, as mentioned, when we had our community meeting um, that we had this earlier this month, we did invite people who wanted to learn more about the project or had concerns or questions to come in. We had lots of good, meaningful conversations. you know, some were very short and sweet, some lasted over an hour. Um, and in a particular case, um, we we offered to reach back out to DOT and see if we were able to save some of the trees. So, the the main thing with the trees, uh, with DOT, I know I'm I'm running out of time here, is um, on the edge of the road, uh, DOT has what they call clear zone. So, that is, uh, 15 feet from the edge of the travel way, so from the from the pavement, they want clear from all obstacles for safety. um that would have resulted in more trees. So when DOT said that to us for this project, we said, "Was there anything we can do to save there's lots of trees on this corridor?" And so we were able to bargain with them and they allowed us to keep trees within that clear zone that we weren't making that clear zone distance shorter, right? So if we weren't expanding the pavement towards those trees within 15 ft, they allowed us to keep them. So we were able to fight back for that. Um which was good. And then when we did reach out again um after the meeting as we said we would to DOT to save a few particular trees where community members came out that were towards the higher range of that 0 to 15 ft. They were like 12 13 ft. Um so we tried to reach out. Unfortunately DOT said no they were unable to approve the plans unless those trees were removed. Um [snorts] so just to wrap it up real quick. Um couple extra benefits here. There are some safety benefits. Um, by adding curb and gutter, it does help notify a driver if they're sleepy at the wheel, if they're coming off um the road where currently there's just a ditch. Um

there's um the reduced congestion um that these improvements will help with helps with faster emergency response time. Um also the turn lanes and the center lane allows for cars to exit the moving lanes, you know, reducing potential uh traffic collisions there. [snorts] Um, so I think the one last thing I wanted to let you guys know because I know I'm over time here is that um, we did earnestly reach out or to folk any anybody who reached out to us, we earnestly reached back out to them and we definitely did not leave everybody in a happy state, but we were at least able to share honest information together with each other. Um, which I think is an improvement over, you know, us not engaging the community even if everyone didn't leave happy. Um, we also worked with community members and Stanley Martin is willing to work with community members who live on this road that feel they're being negatively affected to say plant a some trees in their yard as replacement if they would like that. Um, we talked about some people have fences that may or may not be impacted in the rightway. talked about redoing fences and kind of any sort of, you know, minor to moderate landscape improvements along the quarter to help people feel like it's blends back in to their yard, right? They don't feel like someone just came through and did construction in the front yard without having any sort of modifications that they have to do now to make it look right. So Stanley Martin's willing to do that.

Okay, that's it. There's more. We could keep going. No, no, I know I know you have more, but I have to in fairness, I have to help you along with this. Yes, sir. Because I have a question. And I know a couple more. [laughter] Well, you know what, Miss Smith, go ahead. I'll let you ask the first question. What is What is the purpose of the clear zones? So, the clear zone is an SE dot um rule or ordinance um in order to increase safety. So, the idea being that if there's 15 feet on the side of the road, a car, whether it's out of control or has to come over to a stop, doesn't have any obstructions in that area. It's just a a standard rule.

And and who does it increase safety for the clear zone for the people who are living in their homes or for the people that are driving at a high rate of speed on the road? I would assume it would be for the drivers since we're talking about obstructions. Um but we would have to consult do SC DOT, you know, for whoever created that to know the intent. But that is how I understand it.

Okay. Because one of the things that having trees beside a roadway does is it gets it it lets drivers know that there that there's danger so that they slow down. Um and the tree also provides something that's in the way for a car that leaves the road at a high road speed between the road and the people that are living in their homes. And so I'm I'm very concerned about uh the impact that this will have on local residents and the beauty of the area that they live and the safety of them in their homes.

Sure. Um really briefly, if I may respond to that. So the um DOT, unfortunately, we have no way to change that part of it, right? I mean, that is the the rule set out by DOT for the clear zone. Um, and while I do agree that a tree would be a good barrier in case, you know, there would be a car coming off the road, once again to restate, we are installing a curb, which will give something at least an indication of a driver if they're exiting the roadway, which currently doesn't exist. Mr. Jordan, first of all, um, um, when you had these meetings with the community,

Yes, sir. were you able to incorporate any of their ideas to make it make it better? Um, any [snorts]

Well, I mean, so I we didn't get any design ideas per se. It was um so for instance I worked with one individual to work together to reach out to DOT. Um we spoke with um another individual who was concerned about driveway movements to talk about things that Stanley Martin could do maybe expand a driveway apron or create a situation to where they feel it wouldn't be unsafe um in the built condition. So, I don't think we got any specific um do this instead of this ideas, but I' I'd say yes, we're able to work together and incorporate some ideas. Yes.

So, if this don't pass, what's plan B for y'all? Um, so this is a situation in which once again, it's it's a little bit odd because the jurisdiction in which the the project that the roadway proven from is not Charleston County jurisdiction. and it's town of Lincolnville jurisdiction. Um and [clears throat] then the the road is frankly owned by DOT, but the tree part is like the Charleston County jurisdiction portion of it. Um so there are um well not exactly sure to be perfectly honest with you, but there we would have to go back to Lincolnville and and let them know. Lincolnville is very much in support of this project. The mayor sent a uh But surely you'll give that some thought. I'm sorry.

Surely you've given that some thought or are you just certain this will be passed? Well, so the this actually was mentioned um I think before some of the residents were saying why can't we do this somewhere else? Why does it have to be here? And I just to restate it's it's because it's tied to a specific development and the improvements need to happen in order to mitigate that. So how about an alternative route?

So that that's what I'm saying. There is unfortunately um the way that this property is situated on the other boundaries um are large areas of wetland. Um, so and I think like several properties to the west if you were to keep going that way that you'd have to go through in order to hit a road and then to the south you have the railroad um which we have reached out to the railroad company to try and get access there. I'm not sure if you've heard this before but it's very hard to do so and and we got a negative answer on that one. I realize it's not fair for me to sit here but and ask some of these things because I ain't seen the place. But, you know, I sit here and think about there's been situations in the past where alternatives came about. First of all, look at old Highway 61. They save those trees because they went around them. What about Maine Road, John? What about River Road? They found ways to go around it to solve the problem. And I was just hoping you would say that y'all at least considered it so these residents would hear that. Oh, and

we did and we talked to them and let them know about how we we tried to go down to the railroad. We actually tried to talk with the developer above the property as well. Um, and they were uninterested in cooperating as well. So, we did um because that that would have been the more actually the easier way to go would be to connect on the north and south with another development and over the railroad tracks from a connection standpoint. But, um, so yes. And so there not a single tree you thought y'all could save from what's on this? No. But I will say this is better than when we first started. Like I said, we we bargain with DOT to be able to keep some of the trees in the clear zone. Um and we were able to wiggle just a little bit and where we could to save some. So yes, absolutely.

So you save some. Is that what you're saying from where we started? Yeah. Absolutely. Okay. From the first iteration. And finally, I think I heard you say your proposed right turn. Yes, sir. What happens if you don't get that proposal? How's that change things? Well, I just meant to say proposed. This is all proposed now. So, what I'm I'm sorry. What was the question there? If we don't get that, you said y'all were proposing a right-hand turn, I believe. Yes, sir. That was proposed in DOT that it was required by the TIA and we have it designed for that right-hand turn lane at 78. Yes. So, you're telling me that the state told you that?

Yes. So, when you do a traffic impact analysis for a development, you submit it to both the uh municipal jurisdiction you're working in and the state and it gets reviewed on both levels and approved and back to you and then they tell you what you need to do to the roads to improve them in order to help with the traffic from a development. All right. Well, that's it all I have. But I will say that I I sit here and try to understand and use common sense here and there when a grand tree is going to be taken out, but this one's hard for me to swallow. So you that ought to tell you what I'm thinking. I totally understand and and particularly since I represent the North Charleston area, north area,

right? It's a it's a interesting situation when we have these older roads where developments coming in, you have lots of trees right up against the road. And so I think um we have a I don't know, maybe it's a choice to be made. uh is there do we deal with worsening traffic and you know kind of aging infrastructure or do we uh you know step forward and and help manage that? And just for clarification I should say one of the two represent here representing North Charleston.

Yes sir. Okay. Anyone else on this side have a question? Okay. Yes sir. Mr. Brown and Mr. Go ahead Mr. kind of goes off a comment before about 61 main road. All these roads we have throughout Charleston that run right up next to a live oak tree to save that those those trees. There we go. Um I'm I'm curious what's the speed limit of this road as it's proposed? Oh, it's an existing road. It's cur I know. But what's the speed limit of after the after the changes? Is it going to stay the same as 35?

Yeah. So, we've got 55 mph roads that have have trees right up next to them. I'm just curious why DOT is so adamant that we can't have so some more leeway than what they have provided with history. Yeah. Do you mind if I bring a traffic engineer up? One at a time. One at a time. Yeah.

One at a time. Okay. So he's a traffic engineer who might be able to describe it a little bit better, but from what I understand essentially [snorts] um the DOT is has these rules for all new roadways or improved roadways. Um in certain cases I believe municipalities have a little bit better bargaining than say uh you know a private consultant or a private developer to work with DOT to save things. But if you recall like the Maybank improvements, there was a whole lot of back and forth about how close they could get to them. they had that entrance right on the John's Island there um and on railroad. So, it's it is it's a very difficult thing, but if DOT got their way, all roads in the state would have 15 ft clear on either side. I can tell you that much.

So, it's not a developerdriven want. We don't want to do that. But, it's DOT, like I said, that that would be their preference. Understood. And I've got another question about um the public comments that came in. I think one of the residents um mentioned that there was a conversation had about saving three of the trees. Um appears that that's not happening now because it was in the in her statement it was going from 15 down to 12, but you're still at 15.

That was the hope. Yeah. So, and I spoke with with that individual. Um we communicated during the meeting and afterwards um and just before the meeting today. Um and we did make an attempt to reach out and we brought printed copies if you want to see. Is that the DOT? Yeah. To reach out to DOT and ask for specific Hey, what about just these trees? They're closer. They're I think they were like 12 and 13 ft instead of 15. So it's not like they were right up on the road. And we also had some um you know homeowner um input as well. And we were hoping that might that might sway our our district designers but it did not unfortunately but we tried. Okay. You good

Mr. So is the uh the expansion or widening of this road uh a condition uh that DOT has placed in terms of doing the development? Yes sir. Okay. Thank you. Okay, I have a few questions for you. Um, how big is this development that um in terms of what uh acres or acres of homes of homes? Yes, homes um I believe it is just around 400 and the acres if I'm not mistaken. Right around 100.

Yeah, right around 100 acres. Maybe 99 point something just about four units an acre there. Okay. And who have you been working with with DOT specifically? Um I know you work with a lot of people just Wade Grooms and Julie Fleming.

Wade was the individual who told us no on that last one. I got a printed copy of the email if you'd like it. Okay. Um and then uh we staff has presented you a mitigation plan. You could do a combination pay or replace. So what is the thought if you were granted this tonight? What would the what would the mitigation plan look like for you?

I'm glad you mentioned that because that was one of the things I was going to get to. So, um, we haven't discussed it with the board or the staff yet, but Stanley Martin would be willing to rather than just stroking a check if there's an area of need, if there's a park in the county, if there's somewhere that needs these trees, um, Stanley Martin be willing to to do that in lie of just stroking a check because, as you know, mitigation on the property, in this case being the road itself, is not possible. However, we did offer, as I mentioned before, to plant in people's yards if they want that. We wouldn't force that on them, obviously. Okay.

And for this patch of road that you're working on, how many feet basically would you be, and I could add it up here, but this should be something at the top of your mind. How how long is this area? The improvement. Yes. 500 ft, more or less. Oh, 2500 ft. Sorry. 2500 feet more or less. Okay. And you did mention that you had two other alternates as far as getting into this particular Yes, sir. both to the north and south of the property is what we attempted. Okay.

We also tried to get Lincolnville to help us with those two attempts, too, and that was still unsuccessful. Okay. So, this is a fairly massive development with 400 homes. So, there's going to be a lot of impact on this road. Um, did you tell the people that came out to your meeting how many homes and everything? Yes, sir. Okay, that's good. You wanted to be as transparent as possible knowing once again that this is not popular. Um, we don't, as as we're saying, we're not excited about the tree removal either, but the best we could do is at least be open and honest with everyone.

Okay. Did anyone else have any questions, Mr. Joy? Oh, well, let me come to Mr. Nelson first. All right. Thank you for your testimony so far. Um, the the turn lane that's proposed. Is that some is that a DOT requirement as well? Yeah. So, this is all from um the uh DOT conditions of the road. So, it's there's Which turn lane are you talking about? There's a couple. When you've got the um the dedicated turn lanes for the actual turning into the road and then one at 78, but then is there a center suicide lane or or Exactly. And then those follow basically that center suicide lane, if you will, goes from entrance to entrance.

Okay. Right. So, that's in there. And then there's a turn lane into each entrance. And then there's a turn lane up at 78. And then separate from us completely, but happening at the same time is the uh roundabout project at the bottom of the road where Vonosen and Lincolnville meet. Okay. And so that's under construction and you know, not part of what we're doing, but we'll tie in to help hopefully have that corridor that that road run a lot smoother. All right. And the property that's being developed is on the west side. Yes, sir. All right. And that's in town limits for Lincolnville. Yes, sir.

Okay. Um and then the roadway just a short stretch of Van Ocean is an SE dot roadway. Yeah. Yeah. That all of Vonos is soot. Yeah. So, this is probably one of the the Sorry, I'm going to go on a tangent for a second. The um the state is currently considering a modernization bill for the SC DOT. One of which is to remove a lot of the one of the ideas within the legislation that's being considered is turning uh ownership of a lot of these small roads like this back over to the counties or municipalities in which they exist.

Um if this were a Charleston County owned roadway, would these same conditions be required? Yes. Okay. So it would have to follow all the SCOT standards. Well, actually we would potentially so I think by default most county city engineers go by DOT regulations. However, there can be in our in my experience there's there's a lot more flexibility opportunity working with a municipal road versus a state road. Yes. How about that? Okay. All right. I think that's all I have for right now. Mr. Jordan, thank you. Where did you have your community meeting at?

The community meeting was at Lincolnville Town Hall. And what day of the week and what time was it? It was on January 8th at from 3 to 6. What day of the week is that? Wednesday, Tuesday. 3 to 6. Yes, sir. A lot of people working during the day. Some more might have come out if it had a little later in the evening like most community meetings. Um, you know, I was uh surprised at the good turnout we had. Um, we had we had a pretty I' I do a lot of these and frequently nobody show the word out at all. I'm sorry.

How did you get the notice out to the community? Um, we [snorts] did it via um flyers. So, flyers dropped um in a legal manner. Thank you. That's what I wanted to hear. Oh boy, you bit that one. Um, I got one more question for you. Yes, sir. So, the project is to the west. Yeah, it's that that blank space. You can kind of see where it might be. Yeah. Did maybe the owners of development, did they consider trying to purchase a route in there directly off of bond? They did. That That's why we're doing this. So, we have two entrances.

Uhhuh. Coming in. Um, and they're both off of Vonos. So, yeah, they were purchased properties. Okay. To get in there. So, there's two entrances coming off of Von Oen. If you think about that, like maybe even that long one that's highlighted. I'm not exactly sure on this map, but yeah, they go into the development. So, which one did they purchase? I'm sorry. Which one did they purchase? Um, there's it's a compilation here on Do you have this plan? Yes. Okay. So where you see the entrance coming in here and here. Hold on. Hold on. It's working. Go get it.

Yeah. If you if you pull that plan up, you can see and I could. All right. So, one of them is 3352 by [snorts]

and the other is TMS numbers if you want. [snorts] But yeah, you can see where those entrances are shown on the north page of the plan that's up right now is are the the properties that were purch. Why I'm not just telling you just do because I think one of them might have been two properties together that were purchased in order to get back there. Am I helping you? Am I answering? Yeah, I I see it on here, but Okay. Okay.

I can get you the address if that. No, no, I see it here clearly on this, but I was thinking maybe you could if you needed more room, you could buy another spot, you more property in there rather than do this. Okay, that's it. Thank you so very much for your testimony. Thank you. Do we have anyone else to speak in support of this application? Yes, sir.

Please state your name and address for the record and please tell us why.

I am Jake Nielsen, um 1080 Morrison Drive, also an engineer with Kimhorn. Um I just wanted to clarify the clear zone. So the clear zone is a federal guidance. It's not it's not just DOT, it is federal. So it is through ASHTTO. Um so therefore all municipalities, DOTs, they all need to follow that. Um it is set so that any errant driver coming off the roadway, if they do hit an unobstructed object, they there's a chance for fatalities and that is it's a safety condition that all roadway engineers designed for. Um, I just wanted to state that so that you guys are aware that it it is a very big deal and a big safety issue to ensure that all all drivers are safe as they're driving. Okay. We have a question on my left.

Yes, sir. Mr. Brown, is that a safety factor for any speed limit or does that get reduced for slower speed limits? Yeah, correct. So, it's based on the um amount of traffic and the speed limit. So the 15 ft is coming from our design speed and the amount of traffic on this road that was dictated versus the conditions as well as like what we are thinking is going to happen in the future conditions with the growth factor. What just curious what's the does that number or that distance get reduced if the speed limit were dropped to 25?

Yes, I believe so off the top of my head. I can't remember the number. I want to say it goes down to like 12, but I don't know off the top of my head. And if if that were to happen, any clue how many more trees would be saved from this? It not off the top of my head. Um it might save one or two, but many of them were fairly close to that edge of pavement. Okay. Thank you. Okay. Thank you so very much for your testimony. Do we have anyone else to speak in support?

Good afternoon. Thank you for coming time today. Uh my name is Roger Hunt. I live at 700 South Shelmore Boulevard in Mount Pleasant. Uh represent Stanley Martin Homes as their by BP of land development. And I just wanted to kind of speak to a couple of the comments uh that were made that uh the meeting that we did have there were a number of uh uh visitors there, number of people that um did speak in support. They were actually asking for some improvements, some in way of safety to where they could cross the road to get to their mailbox, which a middle lane would help give them at least a space to to pause in the middle of the road if traffic was coming. Uh there were questions about drainage of properties, the ditches that can hold water along the roadway. We said that we would be improving their drainage by putting in storm drains, uh curbon gutter. Uh there was also a a resident there that spoke of actually wanting their tree removed. It was not one of the grand trees, but there's some trees that they want cut cut for visibility, things of that nature. We did speak to uh uh members that were in residents that were in opposition uh and we're we'd still be very willing to speak with them whatever the decision is here uh to work with them. Uh there were concerns that uh that uh Andrew mentioned about being able to pull out into the road uh if these improvements were made. Um we would be improving visibility and we'd be willing to help them in any way that we could physically with the property. Um the there was a question about sidewalks. Uh there are no sidewalks with this present plan, but if it can be fit in on one side of the roadway and approved by the DOT, we're happy to install sidewalks for safety. Um, I also wanted to speak to there was a question about accessibility from other locations. This property uh is presently owned by someone else and it is a landlocked. There's no accessibility

from the railroad side of the property. Uh there's no access accessibility from the west which is all wetlands. There's no accessibility from the north which is owned by other individuals that we've tried to purchase property from. The only accessibility from the east is unfortunately from Bon Osen where we have been able to get two properties, two or three properties under contract and I think that every almost every property owner on that line has been contacted and we've tried to purchase or get an agreement to purchase the property to alleviate these concerns. Um, but I know there's been some opposition there's been opposition to that or or no interest. So if there's any other questions for me, I'd be happy to ask those. I

I I do have a question. How many more properties would you need to purchase along Vonelson there? As you can see, you got two in order to remove those trees. I It'd be a guess at this point. Uh but unfortunately, some of the tree removals are on the other side of the road. Um but I would say probably 15, but there's only 12 trees, so probably about eight to 10 properties would have to be purchased to avoid tree removals. Well, excuse that wouldn't avoid tree removals. They still need to be removed. But then the as the owners we would not be opposing that. And how many entrances do you have for this development?

We have two two and two only. And if those are not allowed or not able to be developed, the present owner has no access to his property and he cannot uh improve it. So uh this would be preventing the the property owner from making improvements to his property. Thank you.

Hold on. Any questions on my right? Questions on my left. Thank you so very much for your testimony. Do we have anyone else to speak in support of this application? Do we have anyone else to speak in support? Do we have anyone to speak in opposition? Okay. I saw the young lady's hand first. Please come forward to the podium. Yes, ma'am. I saw now you did come in late. And you were not sworn in?

Uh yeah, I was out. I didn't realize last time it took so long. I thought it was going to be a long drawn out thing like time. I figured if I was a few minutes behind it wouldn't make no difference. That That's okay. So if you would give your attention to Miss Workin and we'll get you taken care of. I swear to whole trees nothing but trees. Very good. Please pull that mic down a little bit and we want to hear every word you got. Yeah, you won't break it. Thank you. Please state your name and address for the record.

Uh my name is Sandra Millan. I live at 3296 Von Ocean Road. Um, but my plot is part of a family tract which also includes the two front lots of 3298 and 3294 which are um, let's see which are TMS numbers um, O 078 ending in 078 and 081 which are part of this uh oak tree problem that they have um presented here for their project. Um three of these trees are two of them are on um

which one is yours 78 or 81? That does not tell me what I asked you. 078.

Um okay. I my plot is 080. I'm thinking his is 78 and my cousin's plot is 81. But there's there's two Grand Oak trees on the plot where he lives, which is owned by my older sister who w could not be here tonight because she's got uh plurosy um and she's sick. Um and my cousin uh couldn't be here tonight um either, so it's kind of up to me. Um, this is my brother. He lives in in in the rents the property from my sister who owns it. So, I don't have trees on the property. I mean, on on the front of the property because I live in the back. Um, but the the two front lots have been in our family. Um, one lot is owned by my sister and the other is owned by my cousin. Two of the trees on that lot, one on this lot. And like, uh, Mr. Burke said I was the one that came to the Lincolnville town hall meeting. I had to take off work early to get to because this is a very uh emotional thing for us and our family. This is the reason, those two oak trees are the reason that my grandparents bought that lot in 1930 something when they bought it for those trees. And it's been almost 100 years that these property, these trees have been in our family. And like this lady um brought up, uh the trees are much more of a better barrier for us as the homeowners as far as safety from the increased traffic that's going to be coming down our road because of this project. Um, and we don't want more traffic and the trees. I I would rather, you know, have a have a car have the tree to be a

barrier than than just the tree gone then it going to fly right into our house if they going at a high rate of speed down the road. I would feel much safer with the tree than some curb or whatever they're proposing. And plus, it's we've climbed these trees. We've watched them grow. They grew with us. And we, you know, we played under them. They've been uh we picnicked under them. You know, my my parents, my grandparents have all lived there and and now we are the the last generation who are the owners now that they're all gone.

Okay. So, I know you don't have the monitor up, but I've been cautious. I would like to see. Okay. So, hold on, please. I'm going to give you an opportunity. Your time is expired. But let me see if there's another board member that may have a question that could you could expound upon. Okay.

Just No, no, just one moment please. I will give you an opportunity. Do we have any board member on my left that has a question? Do we have any board member on my right? So, I'll help you. My question to you, you said that you're the last generation on this property that has known about your history and everything. And I imagine the generation coming after you, they know a little bit about this. We have children. I do have children.

Okay. So, you're telling us the tree would be better served to protect your home is what you're considering, but your home is all the way to the back is what? Not my home personally, but the the home that resides on that lot that my brother stays in, that my sister owns. Okay. So, you're not referring to your lot, but your sister. My sister's here and my cousin's lot because neither one of them can be here. So, we wrote a letter as a group. Okay. Um and I I sent it to all this all these board members. Yes, you. And I also included these folks. Okay. Who say they did not get my letter, but I included them on the email. Okay. So, how many people showed up at the meeting?

Um, there were [snorts] weren't that many. I help me. More than 20. Less than 20. Less than 20. Less than 20. Okay. Well, I want to thank you so very much for your testimony. This board wants to thank you so very much. We heard you clearly and I don't think any other Wait a minute. The one thing I didn't get a chance to say was I would like to see what grades my trees were and what what that uh presents as far as me getting any kind of help from this board on on stopping them from doing this and cutting down my tree. Well, we'll try to get that answered for you today. Okay.

Because that was graded earlier. Okay. Miss Miss Workin, could you pull that one up, please? that gives the grades. Uh yes. So I have that number tree number 15 which is on your screen now is near lot 078. Um then oop sorry. So that's the tree. That's one of the three I believe. Okay.

Okay. Well there's three I believe she's talking about. Um, this one is near parcel ending in 162. And then this one is um near 081. It's grade C. You recognize that tree, sir? Ma'am, I'm sorry, ma'am. You recognize that tree? No. You don't rec Let me just work with I'll give you an opportunity, sir. I promise you that I will give it to you. Ma'am, do you see your tree? You recognize blanket. Not that personal. Okay. All right. We're talking three feet here.

Okay. But I want I just want you to identify your tree. So, but that is your tree on your property. Okay. That first one. Yes. Okay. Well, thank you so very much. You said this is your your cousin, your brother? All right. Let me give him a chance to speak. Come on up, sir. Please state your name and address for the record, please, sir. Stephen Paul Robertson, 3298, uh, Von Ocean Road, Somerville, South Carolina 2948. Thank you, Mr. Robertson. Tell us why we should deny this application.

Cuz these trees, like she said, they've been in our family forever. I think we've owned this property for almost a hundred years. And these is two grand oak trees. And they they're right on the line. The line from the middle the section of the road where the middle stripe is. They're right on the line. They're far enough off the road that they shouldn't have to be cut. They come they come through there every year or so every three to five years and limb them, but they never cut the limbs that's over the roadway. Now, I don't m mind them coming and trimming over the roadway, but you're not going to cut down my trees that's in my front yard that shade my whole front yard. No, you're not getting rid of my trees. I'll sit out there. I'll climb the trees and you can't cut it down. I'm sitting in it because this is ridiculous. I this is the fourth time I've come to these meetings and I'm about sick of it and it's been going on for months and months and I keep seeing these signs up against the road. They're never by my trees though. And I done told the people that's walking up and down the road. I told them, "Oh, we're not talking about cutting your trees." Well, at that meeting at Lincolnville, they was talking about it. And and I told them, "No, you can't cut down my trees." And that's all I want to say. You might as well forget about my trees.

Okay. Well, I thank you. Let me see if any lee board members have a question for you. I think you need to just put a different red light at 78 and Bon Ocean Road and uh besides a blinking light. Yes, sir. You need to have a a better red light. We would take that consideration. Hold on. Do we have any questions on my right? Any questions on my left? Miss Smith, are are y'all currently experiencing traffic on or bad traffic on Vaughn Ocean Road?

A lot worse than it used to be. I used to get I used to have to go pick my own switch for being by a dirt road. My aunt and my grandma would take some times going 30 40 miles an hour down this road. Stay away from that road. If I didn't pick a big enough switch, I got whooped worse. Thank you so very much for your testimony, sir. Thank you. Do we have anyone else to speak in opposition? Yes, sir. Please pull that mic up just a little bit for us. Jesse Crosby, I own the property at 3283 Von Ocean Road.

Which one, Mr. Crosby? It's 3283 Von Ocean Road. Do you can you recognize and tell us which one of the TMS TMS numbers? Okay. Which one it ends with? Mine ends with 113. It's not on there. The sign was on my property. And I'm probably selling the property, but what I'm looking at from what I used to look at, you said you're going to sell it. What I'm worried about with this 15 foot clear zone or whatever 13 foot 15t clear law zone. Am I losing more of my property that's going to make the setback even further in?

Okay, that's what I want more information because that's the first time I've seen the thing the whole print of where the turning lane's going to be or whatever. I have never seen that before. Okay. Now, I inherited the property. I grew up there 61 years. So, but I'm probably going to sell it, but I don't want to lose footage. There's no trees on my property that is listed here, but I'm close to several of them. Okay. So, my opposition is, am I going to lose footage on my property?

Okay. So, let me see if any board member have a question for you. Do we have any questions on my right? Any questions on my left? If you hang around, we'll give you that information. Okay. Okay. All right. Thank you for your testimony. Do we have anyone else to speak in? Yes, sir. My name is Joseph Patterson. I live at 3301 Von Osen Road, Somerville. If you'll go back to the slide with the blue house in it. You can't miss it.

There it is. Okay,

there you go. And they only got one in there now. They had two flag, but they told us at the town hall. And again, like um uh council member uh Mr. Jordan said me and my wife run a business together right there, you know, in town. We had to take off, come back and go back to work after the meeting and um we were kind of who they referred to a minute ago about being opposed to the whole situation. The fact that um the rightway where it's at is right on the edge of where we're at, so we get hit. Um our kids already have a hard time driving out of the road, but what got us was we bought this house because of the two oak trees. There's two of them that go over the house. And if you can actually see, it's literally the perfect shade over the house. All I have to do is have an arbor, which I grew up as an arbor doing tree work, is clean it, make sure it's painted as good and it's just it's a perfect shade over your house in the summer in the south. And my wife's a veteran. It's the first house we could get, you know, with the loan. And uh so it really kind of got us a little emotional cuz our first home after getting married, you know, we're looking at we might have to sell it. You can't drive out the driveway, they take the trees, the two reasons we really bought it, and you're going to put Well, we did not know, my man shook his head like they told us. We did not know 400 units. But in his defense, we came at the end of the meeting, right? And I wasn't exactly open to the idea. I just wanted to understand how taking a third of our driveway was going to affect our child who's young, who drives, who works for us doing our billing. She already can't drive good [laughter] coming out the road. I mean, so now, you know, for me, it's a it's a it's a situation for us like Mr. Crosby brought up how far is easement going to go now off my already little small property after losing the two trees that we bought the house for. Right. Just to appease, you know, big money interest to put 400 more units right on the other side of the road. Yes. The traffic is heavy. It's heavy since we moved in. So I I can't tell you what it was when uh Mr. Stevie and them grew up there. I know that just knowing them and the roots and their heritage they have and how much they love the community has given us, you know, happiness just being there, being a part of it, right? But for us, put 400 more

units there, you think the traffic is bad, that those two little turnins and the little the right turnaway, that's that's that's not going to help. I don't care how much college you took or how much how much highway information you got. All it's going to do is add 400 more people plus however many people's in the house, right? On an already small community, take out the historic trees. What are you going to put back? two foot trees. I mean, you go I mean, just basically you're taking away the ambiance of people that's lived here for Mr. Crosby 60some years, um Mr. uh Stevie, his sister, you know, and for me, it's just it's not really fair. They said, "We put this together and we're concerned about how it's going to affect you." That's not the case. If you're concerned about how it's going to affect us, there would have been a discussion about it before you put the plans together. You already went two routes and got denied. So, now we're your last ditch option. Now, I was told, like Mr. Jordan said in the meeting, he asked a lot of questions like I asked. is this going to go through if you don't get this approved, you know, in in in the county? They were like, you know, that no, there's no interest in it until if we can't get that approved, it's basically a last ditch effort. So, for me, you know, I um I personally hope it does not get approved, even though I was told, "We'll help you with your driveway." Well, taking my little space and making a roundabout in that same driveway that's already small for my young that can't already drive good, it's just creating more issues for us where we live at. So, I'm just in hopes of saving a tree so maybe we can have a swing in it one day in our front yard and being okay.

Well, thank you for your testimony. Let me see if anyone has a question for you. Yes, sir. Anyone on my left? Anyone on my right? Thank you so very much for your heartfelt testimony. Do we have anyone else that like was that would like to um speak in opposition? Anyone else to speak in opposition? Very good. Sir, you have the right of rebuttal. You have five minutes to come if you like. Two. Excuse me. I'm sorry. Please state your name and address again for the record.

Andrew Todd Burke, um, landscape architect with Kimley Horn. Address is 1080 Morrison Drive in Charleston. Um, so I'm I'm have zero rebuttal to the feelings that these people have for the trees that are, you know, in front of their homes. So I'm not even going there, but just a few things. I think um, you had asked about the grades of your trees. Keep it to us. Keep it to us.

Oh, I'm sorry. They were graded B to answer that question. I believe Sandra had asked what the grades of were the two trees that we were talking about. And just for clarification, it was trees 15 and 16. There was one that was shown up there that was down the road. Um [snorts] and to address um the gentleman who just spoke um yeah just wanted to corroborate his story. Absolutely. We chatted about it. We talked about it about how the road expansion in front of his house is coming a few feet closer and uh the you know the way his driveway and kind of fence is set up um it could make it challenging um because they have multiple cars, multiple drivers. And so we had we did offer to help out with any sort of maneuverability. Once again, we understand it's not uh what they want, but we are willing to help. So, I mean, I think that is the main thing is um we have uh have been and are still willing to mitigate these uh the tree removal and road widening as much as possible um for individuals who are interested.

Okay. Hold on, please. Any questions on my left? [clears throat] And yes, sir, Mrs. Sado, um I just want to I think you answered this before, but I wanted to just if the um the clear rideways on either side was reduced from 13 to from 15 to 13, I think 15 is the requirement. Is that correct? How many trees could be saved? And that what was your answer to that?

We could look through. So, I mean, it's it's just right now I'm not exactly sure the distance of all the trees we're asking for and how far away they are from the road. Um, but I mean, I think the best way to look at it for right now that I could do is look at the plan and see what's, you know, very very close, you know, to the to that to that line. But, um, I would have to go in and measure to understand that question. [clears throat] A few probably a few not exactly sure but your testimony was that the DOT showed no flexibility at all that correct even if the tree was 14 ft

they showed a little bit of flexibility the flexibility they showed was the first their first request was everything within 15 ft got to go and then after some arguments they said okay if it's within that 15t and you're not making that distance worse then it can stay So if existing it's 10 ft off and we don't make it any worse as in the the road's not expanding in that section then that tree could stay. And so we use that information to try and help. Okay, well can we shift this and save that tree? And you know there was a little bit of stuff and we were able to save a few but there's just only so much we can do when you're working in such a tight space. But that does bring up one more rebuttal and to the sir behind me who asked whether or not the clear zone would somehow reduce his property and no not at all. That's like an imaginary line that DOT sets for obstructions. It does not affect one's property.

Mr. Brown, you said that if it wasn't made worse. So if it's 10 feet, do you know the reasoning or the rules or regs or something within DOT that made them agree to that? And why is 10 ft if it's there now? What's the difference between that and sliding the road over and it's still 10 ft for for [snorts] another tree? What what would be the

So from what I understand, this is a concession that the SCOT has made on some of those major projects you've tal you've talked about. Um, [snorts] so what they've done as a concession is say, you know, once again, if you don't make it worse, the tree can stay. So, is that logical? No, I do not believe that is logical in any way. However, that is a concession that they've made, and I believe they passed that on to us. I guess that was my thing. It doesn't make sense, but No, it does not. Okay. Okay. Thank you so very much for your testimony at this time. Wait a minute. Oh, wait a minute. Oh, hold on, sir. Would you please come back? I apologize, Mr. Jordan,

I just want to say I'm disappointed that you couldn't answer my colleagueu's question of variation of what you might could do, might not might not could do, would do because if you've met with these people and you know these things come up, then I would have expected you to be prepared to answer that question to try to convince this community that you're trying. Um, well, I believe the reason that I am not able to answer that question is because the ability to lower the speed limit on Vonosen is out of our control and so I don't believe lowering that is an option that's on the table um to be perfectly honest with you. Thank you.

Okay, we got one more question here. Well, whose decision or who has the power and the authority to request a lower speed limit? And can Jake can the traffic engineer answer these traffic question? That would be appropriate in this situation. I'll allow it. Thank you.

Name and address, please. Uh Jake Nielsen, 1080 Morrison Drive. Um engineer with Kimley Horn. Um so speed limits are set by the DOT doing an 85th percentile study speed study. So what they'll go out there and do is they'll they'll count all the cars, get all the speeds that they're going through. I forget the time period, but it's over a certain time frame, and they'll do a study, and they set the the speed limit at what the 85th percentile of cars are driving on that road. So there are ways you could try to get DOT to look and review this, but if they go out there and they do a speed study and it comes back at the 85th percentile, still 35 miles per hour, that kind of clips the thought of maybe reducing the speed down. And and so the SC DOT wouldn't give any consideration in a situation like this where you're the speed limit is partially what's driving the removal of X number of grand trees from this area.

There is a we could do some coordination but that that is how they set their speed limits. So we could try to coordinate but that is okay. Thank you. Okay. Just so I'm [clears throat] clear, if the speed limit was reduced, then the 15 ft could be reduced. Correct. Is that correct? And I don't know the exact number off the top of my head if reducing down to 25 what the clear zone ends up being. Um I don't have that table memorized, but there is a small reduction. It's not much. Two feet. Yeah, maybe. Mr. Brown, you had a followup. No, I just have more of a comment about DOT's logic on some of these things, but

thank you both for your testimony. All right, this case is closed to the public. Board members, do we have any question of staff at this time? We have any questions of staff? SC staff? Yeah, Mr. Is there any room for push back against SC DOT? I understand there's federal requirements that govern some of this, but it sounds like there's some some leeway that they have provided. Is there a way to try to get more logical thinking to

Are you asking questions? Are you asking questions of DOT or the F? Well, I'm asking what what options do we possibly have as a board to push back against some of these regulations by DOT or do we not have any? You don't have any. Unfortunate, but thank you, Miss Smith. So, I think that I saw that we could possibly approve um for some trees and not others. We could take it tree by tree. Would it be possible to maybe some of them that are on the line close to that look like they're in the clear zone? If you make a motion, that could be in your latitude.

You understood what I said? We can pick tree by tree to say I approve this one but not approve that one. Yeah. The applicant is the applicant is asking for all the trees that's in their application. You do not have to approve all the trees that's in their application. Yes, sir. Question. Yes, sir.

Question to staff, I guess, is do we know the distance of each tree from within the 15 ft? I mean, we would need that information if we were to take that tree by tree of of review, right? We have that information. Mr. Foster, do you have that information? No, you just grade the trees. You didn't look at the distance. I understand. Sorry, I shouldn't have asked you that. Can I ask the applicant? [clears throat] Okay, I could ask. Um, so at at this time, board members, All right, M.

As far as the measurements, I would just refer to the plan. you know, we'd have to look closely at the, you know, to measure the distance on the plan for each of the trees, which the document I have would not be a good [laughter] document to do that on because the layering of the information on there has blocked um some of that information. Okay. Um, and I'm thinking in my mind the applicant would have that information as well. Would that be correct, Miss Brooks? Right.

Um, yeah, that would Yes, sir. That would be the best situation where they could provide those measurements for each tree if you were wanted to see that. Okay. Does that answer your question, Mr. Sad Doll? It's available, but we don't have it here. Well, okay. Please come forward. Name and address again, please. Uh, Jake Nielson, 1080 Morrison Drive, Engineer Kimy Horn.

So, let me ask the question. Help me if I go astray. Do you have the exact distance in feet for each of these trees that you are requesting removal?

I do not off the top of my head or on any documentation I have. I just would like to clarify one point. I just went back and checked the roadside design guide again Ashtto federal regulation. Um so the me the minimum speed is 40. So there's nothing below going 35 to 25 actually does not help. I was thinking I misspoke that the only way to reduce it further down would be if there was less traffic under 1500 cars a day and that to at this point in existing condition it's over 6,000 which is the highest at this speed limit. Does that make sense? Well if you Okay. So the distance won't So the distance won't change with the speed change. Just wanted to clarify that. I apologize. I didn't have a table on the top of my head. Um but I double checked. Okay. [clears throat] Thank you.

Yes. Please have a seat. Miss Smith, you had another question. Did you want me to bring him back up? I know. I I guess I'm not sure if I have a question. I think that I see 12, 15, 16, and 56 look like they're uh in the clear zone and not uh within the the um actual road widening or any of the construction. Um just testify that it doesn't matter. You heard what Mr. Hooi just said. You want to repeat that? I mean, the applicant's testimony. He the applicant's testimony said it didn't make a difference with the speed.

You you follow that? I do, Mr. Brown. So, am I hearing that it won't the distance of the trees from the street won't make a difference and did did with the speed with the speed. So we're not by selectively picking each tree whether we approve or disapprove taking it down does not I don't think it changes anything does it not speed

and it's either they get all these trees or they if we pick one tree that we want to not allow them to take down that kills the project. Is that is that what I've heard? I can't I I'm just looking at you because you're closest to me, but I guess it's for everybody up here. Did I mishare that or you would give them partially what they want, but we have to make that decision on what's best for the county and the residents in Charleston County. That's what you were selected for.

Okay. We have to decide whether or not a hardship is created by our ordinances that would allow the property owner to move forward with their project or not. Um, one question of staff, if I may, Mr. Chair, um, if this were an SC DOT project and not being uh, funded by and done by the developer, would the SE dot be required to come here and ask for a variance for removal of all of these trees? See, he asked a magic question. All right, Miss Workin.

I think there's an exemption in the ordinance. Yeah, this say again. There's an exemption in the ordinance for DOT.

Thank you. So the SC DOT's requirements are what or the federal requirements are what lead us to all of these these this substantial tree removal project and if they were doing the project on their roadway they would not have to ask for our permission. Okay, that makes sense. Any other questions of staff? We kind of went into a little general discussion here along with that. Mr. Jordan, you have a question? Not yet. I got some, but not yet. Okay. So, we had questions of staff.

Do we have any general discussion? Just want to make it clear. All right. Which one of you would like to give me a motion either to approve or deny this case? Okay. I turn that way. Miss Smith is on you. I'd like to uh make a motion to deny the case BZA 1025 00916 on the grounds that does not meet the variance approval criteria of 1 4 and six and why please each

you only need one but just give me one

uh criteria one they're not extraordinary and exceptional conditions pertaining to this piece of property compared to compared to other pieces of property. Um, but especially uh condition four, which is that the authorization of a variance will not be of substantial detriment to the adjacent property or to the public good and the character of the zoning district will not be harmed by granting of the variance. I think granting the variance to remove these trees will remove a lot of the charm of the area. It will add uh more uh people which will increase traffic and it could increase property values of the area which would raise taxes but then it would also decrease the value of their property to them to them um because they can't go in their front yards or use their property. Um and then criteria six, the need for the variance is not a result of the applicant's own actions. Um they're trying to build 400 houses and that is why they need to increase the size of the roadway and that's why they need to request the variance for to remove trees.

Okay. Second. Okay. We have a motion that's been properly moved in section seconded. Any discussion? There you go. That's what you're waiting on. Thank you, Mr. Joy.

I just want to say this to my board members. Now, I sit here month after month, and you do, too, and I hear all across this county about people that grew up on the land. So, and I hear about, you know, what it means to them. And I know everyone on this board, even the ones not sitting here, they do everything they can to accommodate the best way they can. So all I'm asking you to do is give that same consideration to this vote that you have on others when you've tried to understand what it means for home. I understand about progress. That's always what it is every time. And I and I'm for progress, too. But I'm sitting there thinking about looking at those two faces of a brother and a sister that grew up playing on those trees. And that hits me. So all I ask you to do is just please give that same consideration we've done for all these other places in the county because I feel very strongly about that. Thank you.

Any more discussion? No, that was just discussion. I want a clarification. Yes. Move is supporting. The yes vote supports the motion to deny. [clears throat] Any more discussion? Any questions? Okay. So, we have a motion that has been properly moved and second. We don't have any more discussion. All those in favor to deny this application, please raise your right hand and say I. I.

Okay, it passes. So, uh, unfortunately, your application did not pass. Within 10 days, you'll be getting information from staff letting you know the next steps in the process. And [snorts] good night. Thank you. Can we can we see a show of hands of who voted to tonight? Those two. Four. Four. Okay. How about the chairman? Which way did you vote? I went along with it. Okay. [clears throat] It's hard. Yeah. Yeah. It's hard to say because sometimes he goes like

Yeah. So many face is sitting there. He's two in favor. So hello. Go play on that tree some. How'd I do? I'm sorry. I I I apologize. Swinging it around. It's hard to tell what he's doing. Okay. Um, Mr. Hair, before we start, let me get a five minute break for the for the staff here, for the group. So, we're going to do a five minute recess here.

Okay, at this time we'll get started again. Thank you for your patience. Mr. Hair, we have the next case. Case BZA 1225-0000922. Thank you, Mr. Hair. All right. The applicant and property owner Jason Meyers of PWM Company LLC requests a special exception to establish a short-term rental property extended home rental at the property located at 1685 Old Military Road. TMS number 431 0100022 on James Island in Charleston County. The subject property along with um adjacent parcels to the north, south, and west are situated within the special management S3 zoning district. Um, and properties to the east fall under the jurisdiction of the city of Charleston. Uh, according to Charleston County records, the property contains a single family residence with three bedrooms constructed in 2025. The applicant proposes to utilize the residence as an extended home rental by making three bedrooms plus a living space uh, in quotations bunk room available for rent. uh providing six on-site parking spaces in compliance with the Charleston County Zoning and Land Development Regulations Ordinance, Zeldar, and accommodating a maximum of 14 guests.

Since the property is not owner occupied, it does not qualify for a limited home rental permit, and it must be reviewed as an extended home rental um in accordance with the Zelda requirements. This is the location of the property when looking at the county as a whole. This is the uh zoning zoning ordinance section pertaining to the STRs and S3 special management zoning district. The 300T radius map, the aerials. We posted the property on uh January 14th of 2026. Here are pictures of the subject property, single family home, its parking,

pictures of surrounding properties, old military road, the site plan, the tenant notice, and the plat. Regarding the three approval criteria, staff stated that it may meet criteria one through three. Um, and we did receive three public comments in opposition to this case. The board of zoning appeals may approve approve with conditions or deny case based on the BZA's findings of fact unless additional information is deemed necessary to make an informed decision. In the event the board decides to approve the application, the board should consider [snorts] the following conditions recommended by staff. One, prior to the zoning permit approval, the applicant shall complete the STRP limited site plan review process. Two, the use shall comply with all requirements of article 6.8. Three, the property shall not be used as a short-term rental for more than 144 days in aggregate during any calendar year. And four, the property owner shall be responsible for ensuring uh that tenants comply with the Charleston County noise ordinance. Is there any uh questions?

Do we have any question? Mrs. Sad Doll, do we know how many other short-term rentals are in this neighborhood? Yeah. So, um I counted there's one active STR within the 300t radius. However, it is in the city of Charleston's jurisdiction. And then if you look a little bit further, about a half a mile radius, 24 between the two jurisdictions of the county and the city. Any more questions on my right? Yes, sir. Mr. Brown, um, do we stipulate when we ask for a parking plan, do we stipulate how big each parking space needs to be? Yeah, it's required to be drawn to scale engineering scale 9 foot by 18 foot. So a 9 by 15 foot eight 18 foot

I know 9 by 15 foot is not then correct which is what I understand these parking spaces to be on these drawings. No, they should be I I think that might be a typo if you're looking at the handwritten on the Yeah, the Yeah, but we measured those when we reviewed our site plans and they were drawn 9 foot by 18 foot. So he had to make some changes over time uh during our review process. So I think that was left on from a previous site plan that was submitted that we had to go back and get revised. So I think it was just never erased. Yeah.

Okay. Thanks. Any questions on my left? Is the applicant present? Yes, sir. Please come to the podium and tell us why we should approve your application. Were you sworn in, sir? Yes, sir.

Okay. Thank you. Um Caleb Pearson, 1476 Short Street, Mount Pleasant, South Carolina. Um like he said, there's a couple right around the corner. Um I when I was looking on Airbnb, it looks like there's about five or there's one on Battalion Road, Battleground, Grimble, Old Military, and Secessionville right around the corner within a quarter mile. Um, we've we own multiple short-term rentals around town, so we understand we're actually professionals at it. Uh, we're super host. We understand we're not trying to rent this thing to college kids coming in to party and make noise. We'll rent it to 25 year old tenants, I guess, and up. Um, we understand the noise ordinance and and keeping noise down. There's not an outdoor back deck anyways for to make outdoor noise. It's a yearbuilt 25 uh 2025 construction home. Um built to construction standards, so it should be pretty noiseeproof. Um and then we're under the understanding that only eight eight tenants can be in the house at any given time as well. So it seems cut and dry, but I'm open to any questions.

Yes, sir. Go ahead. So you're um you you mentioned eight people in the house at any one time, but you're asking for a maximum of 14 guests. So my understanding how many guests are legally allowed to stay in the in a fourbedroom home. I don't Mr. Hair, we don't have a required number in our ordinance. It's up to the applicant to choose how many. Okay. So you're only asking for eight. Am I correct? I misspoke then. It's 14 if that was what was in the application. 14. Yes, sir. Sorry.

So 14 even for 14 25 year olds. That sounds like a lot of people in a house, right? Um and 14 people getting one house sounds like a party to me, not just sleeping, right? I mean, why why would you My question basically is why do you need 14 allowance for 14 people to stay in this residence? That's a good question. Um I mean, if we need to limit that amount to get the order to get this approved, we're more than open to that. And what would you lower it to? I mean, would 10 be fair?

No. 10 sounds like a lot to me as well. It's going to be up to you to make a decision, but not want to do. Mr. Neil, thank you, Mr. Chair. Um, couple quick questions. I'll label them out and then you can just follow up on them. Sure.

Tell me about uh noise violations, how you monitor noise because 14 people is an alarming number of people for a house. So, tell us how you monitor that and your other rentals and stuff like that. Um, have you talked to the neighbors? I'm not real familiar with uh it looks like there's a neighbor behind you on Old Military Road and on the other side. It does look like you have a nice fence, privacy fence all the way around the property. Have you notified the neighbors? Are they in favor? Um how will you contact them to if they have a problem with noise? Um, and my colleague here is is is has thrown open the the the door for you to tell us how many you really want us to consider and we could modify that in in some type of motion, I'm sure. So, be real clear on that for me, but address the other two for me.

Um, as far as notating or giving the neighbors notice, is that what you're asking? Neighbors is you are you posting signs if there's any problems? I mean, do you have a management company doing We do. We have a management company. the burrows in town that manages our Airbnbs. The neighbors already know that you're doing this or going to know or have you had We can give We can give them notice. Give them notice. So, you haven't given them notice yet. Not that they would. The burrows would be the management company, but we absolutely can. Do you normally post signs on your other things on how to contact if there are problems? This is the first one where I've had to come in and and get an approval for one.

Okay, that's fair. Um, how about noise monitoring and stuff like that? Do you you have any type of ability to do that? The management company does, I'm sure. Okay. I don't manage that. We hand it over to the management company and they handle it. Okay. And what's the name of the management company? The burrows. The burrows. Okay. Yes, sir. Um, are you want to address the uh bedrooms or anything like that or you want to follow up on that later? How many bedrooms or how many maximum occupancy that you're you because you've submitted it for 14 and I'm not making you change it. That's just that was brought up as a question. I didn't think I heard a final answer.

I mean, I guess if you've got four sleeping areas, two two per bed, that's eight. And then maybe if you have a pull out sofa, that would be two extra for a 10. So 10. Thank you very much. Okay. Any more questions on this side? Yes, sir. So, is your management company going to answer the phone at 3:00 a.m. from a neighbor that can't sleep or they going to get a recorder? That's a valid question. I don't manage the properties, so that that' be I hope you'd have that answer, though. Can you talk to them about how they do their business?

I've never had and we own six short-term rental properties, and I've never had a late night issue of of nor noise earners that was brought to me that wasn't getting people's each other's hair. I understand, but I mean, we own Airbnbs that hold more people than that, and I've never dealt with it, but that's not to say that it it won't or couldn't happen. Thank you. Yes, sir. Any more questions on my left? I I have a few questions I wanted to ask you. Uh, how long have you owned this particular property? Um, we bought this particular property about a year and a half ago. It took us about a year to build it. Okay. So, you built it? Yes, sir. It's brand new construction. Well, good for you. Um, it's been a process. Say again.

It's been a process. Okay. All right. Um, I'm I'm looking back at your plans. I got to go back to it. Who designed these plans or you bought these plans? The first choice design l Yes. Again, it's been a process, but then we used Paul Kim's contractor as our contractor and we ended up having to relieve him of his services and then Velocity Homes came in and finished the project. Um, but they had their own architect to help design the plans. You said Velocity Homes? Velocity Homes. Yes, sir.

Okay. All right. And how many cars can be parked on this parcel? How many cars do you have here? One, two, three, four. Is that does the drawing show five? Six. Six. Okay. Okay. All right. I guess if nobody has any questions. Thank you so very much for your testimony. Thank you guys. All right. Do we have anyone else to speak in favor of this application? Do we have anyone else to speak in favor of this application?

Do we have anyone to speak in opposition? Do we have anyone to speak in opposition? Very good. This case is closed to the public. Board members, do we have any questions or staff? Yes, I do. Yes, sir. Uh I'm just I can't remember it.

The issue of noise and stuff like that has brought been brought up to us before with neighbors and concerns and I don't I don't feel the need to put it into a motion as a additional requirement if staff if there's some standard that is already set in place. But the applicant testified himself that he's not sure if there's noise monitoring or something like that or if there's signs put on. Again, I'm not trying to add things to a motion, but if it's part of staff's uh process or if there's an ordinance in place that they have to do certain things, then I'm wondering what's our what's the standard? We are the standard. You make this board designs and bring forth what we feel is best for the county.

I mean, can we require a management company to post signs? Can we require a management company to monitor? Because the difference between if I'm not mistaken, Mr. Huer, Listen, you can require anything for the applicant. He has to be held accountable, not the management company. I'm just thinking for a two-bedroom house versus a six-bedroom or five or sixbedroom house, maybe there's some more requirements we should put on them if we have concerns about it. I mean, there's nobody here testing against it. I just didn't know how to make a motion if if people have concerns about noise or things like that. Well, as you can recall, we would normally ask that question, but there's nobody here in opposition, right? Um, it always is a good thing. Yeah, I agree.

All right. Thank you. We we have to set these things up on a case-by case basis. Thank you. Yes, sir. Any more questions, comments on that side?

Uh, we did receive three letters of opposition. They're in your supplemental packet. Two are from adjacent property owners on both sides. Thank you, Miss Workin, for reminding us of that, especially me. Anyone else? Okay, board members, no other questions of staff. Do we have any general discussion? Very good. Then at this time, I'd like to ask for a motion to either approve or deny this application. Someone, please. Okay, Mr. Chair, I would like to make a motion to approve this application BZA122500922. In making my motion, I find that it does meet all three of the criteria necessary to grant this special exception that one, it is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community. and finding it meets this criteria. I recognize that there are several other um short-term rentals in the area. So, it's not adding a new use that's not already permitted in that vicinity. For for criterion two, that adequate provision is made or exists for such items as setback buffering to protect against adjacent properties from possible adverse influence of the proposed STRP use. Um there is a fence that has been built around the property. So that should help protect against noise. Uh I might add a special condition to satisfy some concerns down at the end for noise monitoring as well by the management company to help meet that criterion. And for three that it complies with all applicable rules, regulations to all standards of this ordinance. We meet that criterion as well. In making my motion, I would adopt the four special

conditions recommended by staff and I would add a fifth that kind of ties to number four that um that the management company be required to install noise monitors um at the property. I don't know how else to state it other than that. Okay, that is my motion, Mr. Chair. All right, I'll second it. Would you be willing to amend it to only having 10 occupancy 10? Yes. Thank you. I actually meant to add that as well. Thank you. So, it's 10. 10. Yeah. I'll second the amendment needs to change. Okay. So, the second is down there. Thank you. I'd like to stay out of it. All right. Any discussion?

That that's total occupancy of 10, correct? Yes. Thank you, Mr. Brown. Yeah. Okay. Okay. No discussion. All right. All those in favor, please indicate by saying I and raising your right hand. I. It is unanimous. So, congratulation. Your application has been approved with conditions. Um, within 10 days, you'll be getting information from staff letting you know the next steps in the process. Thank you for coming and congratulations and good night. Mr. Hair, we have our next case. Case BZA 1225- 00923.

The applicant David Sullivan of Royal Stays and the property owner Martha Colleen Caffrey are requesting a special exception to establish a short term rental property extended home rental at 203 Magnolia Road TMS number 418 uh 1300135 in the St. Andrews area of Charleston County. The subject property and adjacent parcels to the south, east, and west are located within a lowdensity residential R4 zoning district. Uh the adjacent property to the north falls under the jurisdiction of the city of Charleston. According to the Charleston County records, the property contains a duplex with two bedrooms in unit A and two bedrooms in unit B. Constructed in 1950, the applicant proposes to utilize the residence as an extended home rental by making all four bedrooms available for rent, providing eight on-site parking spaces in compliance with the Charleston County zoning and land development regulations ordinance, Zeldar, and AC uh accommodating a maximum of 12 guests. As the property is not owner occupied, it does not qualify as a limited home rental and it must be reviewed as an extended home rental in accordance with the Zeldar requirements. This is the location of the property when looking at the county as a whole. This is a zoning ordinance section pertaining to STRs in the R4 low density residential zoning district. 300T radius map aerials. We posted the property on January 14th of 2026. Here are pictures of the subject property, pictures of the adjacent properties, Magnolia Road, the uh site plan. And just a note as well, the site plan, you'll see here there's a change uh in the stairs. So, if I go back, you can kind of see um just to make note so they could rearrange their parking. So, and that's been permitted. [clears throat]

The tenant notice and the plat regarding the three approval criteria, staff stated that it may meet criteria 1 through three. Uh, the board of zoning appeals may approve approve with conditions or deny case based on the BCA's findings in fact unless additional information is deemed necessary to make an informed decision. In the event the board decides to approve the application, the board should consider in the following conditions recommended by staff. One, prior to the zoning permit approval, the applicant shall complete the STRP limited site plan review process. Two, that you shall comply with all all requirements of article 6.8. Three, the property shall not be used as a short-term rental for more than 144 days in aggregate during any calendar year. And four, the property owner shall be responsible for ensuring that uh tenants comply with the Charleston County Noise Ordinance. Is there any questions? Does anybody have a question or staff?

No. Thank you, Mr. Hair. Is the applicant present? Please state your name and address for the record. You want to pull that mic down for me just a little bit.

Hi, I'm Brook Catsman. I'm the owner of Royal Stays. We manage 203 Magnolia. Um, and my address is 20115 Costco, uh, North Charleston 29492. and we are requesting approval to operate a short-term rental at 203 Magnolia. Um it is a duplex style home consisting of four bedrooms total um two on each side. The property has ample on-site parking. It has eight spots which we recently um edited four on each side. Um it has it meets the parking requirements for this type of short-term rental. it. Uh we will also be um following the maximum of 144 rental days per calendar year with no more than 12 guests, six per side. Uh the property received a site plan review back in January where um they asked just for us to edit the stairs at the entrance to match the site plan, which we recently have done, and I brought photos with me that um are a little more updated than what you saw before you. And approval of this request would allow responsible limited short-term rental activity while maintaining the residential character of the surrounding neighborhood. There's about uh 10 to 20 short-term rentals already on the street that are active. Uh my management company manages 73 properties within the greater Charleston area, Myrtle Beach area. uh in regards to noise ordinance uh upon purchasing this property and or managing this property rather, it is currently a 30-day rental and uh we know the neighbors very well. We've introduced ourselves. If there's ever an issue, they have our phone number. Um we always have a manager on call as well. If there's ever an issue, um they handle it as well. Um, and being that North Charleston and Mount Pleasant both have

900 pm noise ordinances, uh, there's not technically one for this area, but we follow the same protocol for this area, and we let guests know that by 9:00 p.m. they need to be inside. Um, and no music, no loud noises outside. Um, and we've had great results with that, um, in surrounding areas, so we expect the same thing in this area. Okay, I saw your hand first. Thank you, Mr. Chair. I'd like to see the pictures or at least have the pictures of the updated uh stairwell since the stairwell was in in line with the parking. It looked like it obstructed the parking. We should have done that. Construction

should be part of the application probably. Thank you. Start over there if you would, Mr. Hair. Would you start over that end? So, while we're looking at that, um, Mr. Jordan has a question for you. Sure. Did you introduce yourselves recently to the neighbors regarding this particular case?

Yes. So, uh, we introduced ourselves upon taking on the management, um, as a 30-day. And then when we applied to for short-term rental, we also just let them know what the yellow sign was and we wanted to let everybody know so that way they could come to the meeting if they wanted to. And that the change would be that it would be going from 30-day to short term. So, it could be shorter than 30. Mr. Braille, are you [clears throat] do you rent this out or is your intention to have two separate two separate? Yes. So, um each side the maximum amount of people would be six per side. Okay.

Okay. I have a question. Um you have here the tenant notice and emergency evacuation routes shown above. Royal stays numbering in 9224. Whose number is that? That's my head property manager, David Sullivan. Okay. So, the if I'm not mistaken, this is your company, right? This is my company. Okay. So, your company does the management of it or the ownership? You actually own the We manage. So, Martha, uh, Colleen, who's listed, she's the owner, um, and we manage for her.

Okay. Okay. Good job. Any other questions? Thank you so very much for your testimony. Do we have anyone else to speak in favor of this application? Anyone else to speak in favor? Anyone to speak in opposition? [clears throat] Anyone to speak in opposition? Very good. Case is closed to the public. Board members, do we have any questions? You you have a your hand up. No. You shaking your head? Yes, sir. I don't have a question.

Okay. We got any questions over here, staff? All right. Any general discussion? Okay. So, I think a motion's coming from down here. Yes, sir. In the chairman, in the matter of BZA 122500923, I make a motion that we approve this uh short-term rental application. Uh find that it is compatible with the uses in the vicinity. It will not adversely affect the general welfare. We heard testimony that there are quite a few short-term rentals already in this neighborhood. Uh and it is a mixeduse neighborhood, commercial and residential. Now, secondly, [clears throat] that that adequate provisions been made to protect the adjacent properties. We've just testimony and we've seen uh plans to show the adequate parking uh fencing on both sides of the property. The native neighbors have been notified and made aware of the fact an STR has been applied for. The management has uh company has indicated they have a curfew and no outside activities we allowed. So it meets the second criteria and finally that it complies with all applicable rules, regulations, laws and standards of the ordinance. And um there were conditions I think were Are there conditions?

Yeah, there's always conditions. And and my motion includes conditions as set forth by staff. Second. Okay. So, we have a motion. It's been properly moved in a second. Any questions? [snorts] General discussion. Okay. All those in favor, please indicate by saying I and raising your right hand.

All right. It's unanimous. There we go. Congratulations. Your application has been approved. Within 10 days, you'll be getting information from our staff letting you know the next steps in the process. Once again, congratulations and good night. All right, Mr. Harry is up again. Our next case is case BZA 1225- Z00924. The applicants and property owners, Michael Hagar and Joe uh Joey Hagar of Wadwing Retreat LLC are requesting a special exception to establish a short-term rental property extended home rental um at 1617 Refugee uh Run TMS number 331 uh 0700115 on James Island in Charleston County. The subject proh property and adjacent parcels to the north, east, and south are within the lowdensity manufactured housing subdivision, MHS, zoning district. The adjacent parcel to the west lies within the jurisdiction of the city of Charleston. According to Charleston County Records, the subject property contains a manufactured housing unit placed in 1992. The house includes two bedrooms and the applicant is proposing to utilize all bedrooms for the EHR use accommodating a maximum of six guests and the site contains four on-site parking spaces in compliance with the Charleston County zoning and land development regulations ordinance. Zeldar uh the previous owner held a limited home rental permit in 2023 and 2024. However, the property is no longer owner occupied, so it does not qualify for a limited home rental permit, and it must be reviewed as an extended home rental um in accordance with the Zelda requirements. Here is the location of the property when looking at the county as a whole. This is the uh zoning ordinance section pertaining to STRs in the MHS manufactured housing subdivision uh zoning district. The 300 foot radius map

here are the aerials of the property. Uh we posted uh the property on January 14th of 2026. Here are pictures of the subject property single family residence parking surrounding properties and then refuge run the site plan, the tenant notice and the plat. Regarding the three approval criteria, staff stated that it may meet criteria 1 through three. The board of zoning appeals may app may approve approve with conditions or deny case based on the BCA's findings of fact unless additional information is deemed necessary to make an informed decision. In the event the board decides to approve the application, the board should consider in the following conditions recommended by staff. One, prior to the zoning permit approval, the applicant shall complete the STRP limited site plan review process. Two, the use shall comply with all requirements of article 6.8. Three, the property shall not be used as a short-term rental for more than 144 days in aggregate during any calendar year. And four, the property owner shall be responsible for ensuring that tenants comply with the Charleston County noise ordinance. Is there any questions?

Yes, sir. Yes, sir. Mr. Hair, real quick, on the old permit that was there that we're not going by this one, I'm just curious, what was the occupancy? Can we find out what the occupancy of that old permit was? Because this is they're asking for an occupancy of six in a manufactured house for a two-bedroom. I'm just curious what was approved prior. You can get back to me if you need to. Uh, is the applicant present? Please come forward. You can just wait just one moment. Okay. They they put four previously.

Thank you. Okay. Any other questions of staff? Mr. Brown, you had Okay. Thank you, sir. Please state your name and address for the record. Please tell us why we should approve your application, sir.

Uh, good evening. Michael Hager, 920 Hood Street, Charleston, South Carolina 29412. Uh, my brother and I are the owners of 1617 Refuge Run, and we are seeking to uh we are seeking a special exemption request for a short-term rental, extended home rental uh at this property. Uh in particular, we are looking uh our parents live out of state and they come to visit us often and um we want to have a place for them to stay in the offseason or in the winter months for an extended period of time and then in the meantime using it as a short-term rental um for guests to stay at um for other parts of other times of the year. Um, the property will be managed by a property management company. And we took a lot of care to make sure that the property management companies that we interviewed in particular were focused on tenants that were going to be careful on the property, mindful of the noise ordinances. Um due to the occupancy limit, there's it's not going to be a ton of people, but um they do use uh um noise meters in the properties to manage noise levels. I also know that um they have a great reputation for being available 24/7, taking phone calls personally. The property managers themselves are local to the Charleston area, James Island specifically, I believe. Um and we are going to adhere to the 144day maximum per calendar year. Um and we have um not spoken directly with the immediate neighbors, but we have been in the neighborhood a lot and spoken with other neighbors in the vicinity. Um it's a very close neighborhood. They're very close-knit. Um everyone's walking dogs and talking to each other and we've spoken with a lot of them um and and taken any concerns of theirs. So, I appreciate your consideration um in this application request. Thank you. Okay, let's see if anyone has a question for me. I'll start on my left. Any questions

on my left? Any questions on my right? Let me start with Mr. Brown, then I come down. So, did I see that there's excuse my thing? Three additional parking spaces being added. Is that something that you've done or is that a an old plan or No proposed parking three 25 what we're looking at. No, that was already listed on the Yeah, that was uh already on that diagram. We're not going to be adding any additional parking. It's going to be four parking spots for two bedrooms plus two parking spots. So, no additional parking.

Okay. Yep. Yes, sir. Thank you for your testimony. Um, you mentioned that you had vetted your property management company uh to find the best one. Would you be willing to give the number and contact information for that management company to the neighbors on either side and behind so that they would have it available in case there was any problems? Yes. And I'm glad you brought that up because they do actually make a point to touch base with the neighbors and give they make themselves personally available with their personal cell phones. Um and so they're they have a great reputation for fielding any concerns from the immediate neighbors and it'd be no problem um for them to share that with all the neighbors behind and on either side. Okay. Thank you. Thank you,

Mr. Neil.

Thank you, Mr. Chair. Um so my question originally to the staff was about the occupancy. was approved for a different permit um for four and I'm wondering if you would reduce it from six down to five if that's any concern or um all or excuse me also is this one unit that's going to have the four bedrooms the two bedrooms in it and I'm just trying to understand how you get to six people with that. Yeah, it is interesting and I' I'd like to request to keep it at six as an occupancy limit and only because of the layout of the property itself. Um, it is actually much larger than it seems from the outside. When you walk in, um, there's a living area and there is a full bathroom and bedroom to the right and then to the left you'll walk through the kitchen and then there's another living area uh, past the kitchen on the left. you'll see in the diagram that actually has a it can fit a bed or a futon or [clears throat]

a sleeping area. It's not private per se, but you could sleep one or two individuals there. Got kids or something like that? Yeah. And then there's the second bedroom and full bathroom beyond that. So, I wanted to keep it at six if possible just in the case of, you know, if someone wants to not have as much privacy but still having a place to sleep, you know. I got you. Okay, that answers my question. Thank you, Mr. Chair. Thank you. Okay. Um, what's the name of the property management company? Salty Air Vacations. Salty Air. Salty Air. Two words. Yes, sir.

And how long have you owned this parcel? This Um, we purchased it in November of 2025.

Okay. And then finally, uh, why this area? Um, so I actually I do not live in Charleston. My brother does, um, with his family. And I actually I have I live in Maryland, but I work for government contractors supporting, uh, our Navy customers in Charleston, right here in North Charleston. So, between visiting family and visiting uh customers, I'm in I'm in Charleston half of the year it seems like sometimes. Um, and we've just basically established our family between half of my time, his full-time and his kids uh spending time down here. My parents love coming down here between James Island and Folly Beach. Um, and realistically, this neighborhood has been perfect. the neighbors are all close and tight-knit, so when it's not being used as a short-term rental, we feel comfortable with my parents staying there in the offseason. Um, and it seems kind of like the best of both worlds.

That's wonderful. Is this your first go at doing Airbnbs? Uh, no. We have done this before with another property um, more recently, but it's it's it's gone well. Um, and we use this management company and we have a personal rapport with them. they have worked with the neighbors and I mean we have a great communication with them. It's been positive feedback across the board, but it's something that we continually evaluate just because we want to make sure that we're close with the neighbors and um ensuring the quality of their life, you know, as things okay progress with us.

So, you do have some experience, you know, how it runs. And how long you been doing the Airbnbs? um about one full year. Maybe not even a full year. About a year, I'd say. Well, good for you. Yeah, good for you. Any other questions of staff? I mean, for this applicant, I'm jumping ahead. Thank you so very much for your testimony, sir. Thank you.

Do we have anyone else to speak in favor of this application? Do we have anyone else to speak in favor? Do we have anyone to speak in opposition? Do we have anyone to speak in opposition? Very good. Case closed to the public. Board members, do we have any question of staff? Do we have any general discussion? Therefore, I need a motion and a second. Mr. Brown. Mr. Chair, I make a motion to approve this application for short-term rental uh for BZA case 122500924. We feel that it meets all three requirements um stated. Number one, it's compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the community. There are several other short-term rentals and the owner seems uh that he wants to make sure that this is compatible with all of his neighbors and gets along with them really well and appreciates their close-knit community. Feel that adequate provision has been made uh for such items as setbacks and buffering. There's uh fencing around most. It seems to be pretty private with the trees and landscaping. So, I feel that's been met. Um and also it complies with all applicable rules, regulations, laws, and standards of the ordinance. Um and they're going to keep it at six guests per night and 144 per year. So, all that meets those requirements. And also want to make sure that all four um stipulations by the staff are also included in that motion.

Thank you. Do I have a second? Second. Thank you, sir, for your second. All right. Any more discussion? Very good. All those in favor, please indicate by saying I and raising your right hand. I. It is unanimous. Thank you so very much. Your application has been approved. Within 10 days, you will be getting information from our staff to let you know the next steps in the process. Congratulations. Good night. All right, we're moving on down. Mr. Chair, can we take these next two together since they're so similar? Is that a possibility? At least get the presentation together. Yes. Yes, that's

So, next one we have is Miss Working and she'll be presenting the next two cases. cases BZA 122500 926 and 927.

Yes. The applicant Andrew Deltech of Earth Source Engineering and the property owner Lee Anne Sullivan of John's Island Prespit Presbyterian Church Inc. have submitted two variance requests associated with the proposed family life center at John's Island Presbyterian Church. The subject property is identified as 257 TMS number 2570000000033 located at 2550 Bohickey Road on John's Island in Charleston County. The property and adjacent parcels to the north and east are located within the rural agricultural AG8 zoning district while surrounding properties to the south and west are located within the agricultural residential AGR zoning district. The applicant is requesting the following variances. Um, BZA22500926 is relief from the requirement to provide an all-weather surface parking lot allowing the existing grass parking areas to remain. And this is the um zoning ordinance requirements for that variance. Variance two um is a case ending in 009G7 relief to allow the existing gravel and grass parking to remain within the required 75 ft rideway buffer along Bohook Road and then the ordinance requirements for that case. This is the site plan. The 11.66 excuse me the 11.66 66 acre property includes an existing one-story fellowship hall nursery and an associated playground. The playground is located within the required buffer while other existing buildings comply with the buffer requirements. The property also contains a historic two-story sanctuary, a cemetery, and a one-story office. Listed on the National Registry of Historic Places since November 1975, the

site is currently undergoing site plan review for a proposed one-story 9,700 square foot family life center. If the requested variances are approved, the building will require review by the county's Historic Preservation Commission, HBC, and issuance of a certificate of historic appropriateness. The HBC conducted a conceptual plan workshop for this project in August 2025. This is the location map showing it on Bohickey Road. I'm on the way to Kiwa. The uh 300 foot radius map aerial and zoomed out. We posted the property on January 14th, 2026. Uh this it these pictures are showing the buffer, the sanctuary and the church office, fellowship hall, nursery, a playground. And this is the listing from the National Registry of Historic Places. The um this is Bohot Road with the church entrance and the church exit shown. Site plan. Um these are the elevations and the plat. So regarding the approval criteria, we stated that it may meet one through four um six and seven and it meets five. The board may approve approval conditions or deny the requests um based on the BCA's findings of fact unless additional information is deemed necessary to make an informed decision. In the event the board decides to approve the application, staff recommends the following conditions. One, prior to zoning permit approval, the applicant shall complete the site plan review process. Two, the proposed family life center building will undergo review by the county's historic

preservation commission. to obtain a certificate of historic appropriateness ensuring the project aligns with historic preservation standards. Any questions? Yes, sir. Thank you. Um was it me? Thank you. Um you bring up the historical commission about the building. I'm wondering um because they're not adding uh they're actually asking to be removed from the requirement for the um to allow them to have grass parking areas and I'm wondering is a historical commission would they be chiming in on on the landscape designs and stuff like that too? No, just for the building.

It's just just for the buildings. They don't have any landscape design or any concerns. Okay. Thank you very much. Anyone else? Okay. Thank you, Miss Workin. Is Come on. You were smiling too brightly and we always see you up here, so I knew it was you. Yeah, I know. Go ahead and state your name and address for the record. And I do need to be sworn in. Thank you. Um, Giles Branch with Hold on. You need to be sworn in. I do. Thank you.

Continue, please.

Yes, sir. I'm Giles Branch with Ursource Engineering, uh the applicant this evening. Um I'm here this evening with our team. We have uh from the church, two staff members as well as the architects uh that are here as well as the project manager also from Earth Source Engineering. So, I'll defer to them if we get into questions that are outside of my ability. Um, as far as the variances go, I do believe I heard that we're going to do both of these together. So, it would be appropriate for me to speak to both the variances because they're one and the same. Um, there may be a lot of questions that come up and I'm happy to answer them about the proposed project. But really, if if I were to simplify this application, it would be really just to focus on the existing because the only two variances we're here to request tonight are for the existing facilities parking to remain. I know there's a lot of things on the paper in the package that was submitted, but we were successful in in eliminating any variance for the new project at all. So, the park the parking, the trees, everything for the new project is shown on the plans, but we're not asking for any variances for that. So, I just wanted to clarify that for simplicity. So, we are asking for existing grass parking is the first application. Um, obviously, this is a historic site and we do have to go through the commission. So we know that with the way the parking has existed for at least as long as automobile has been around. It has been in in the front buffer, it has been grass with the gravel. We do meet emergency vehicle access ways with the gravel that's there. But we do not have all weather parking as the county requires per ordinance being a compacted material, a pavement, a concrete, a paver. Um, instead we have grass with the church being once a week by and large with the majority of the parking being used. Not all not all of the 44 spaces are grassed, but about half of

them are. And the same would be true for the parking in the buffer. There's a 75 ft buffer on Bohick Road. About half of the existing parking is in the buffer. The other half remains out. Um so the extraordinary I would say more exceptional conditions of the site is is that it is historic site and we have uh over 590 trees on the site and we have worked around all of the 58 grand trees. And to do so, you you must do that with with pvious parking, leaving parking in grass areas where you can to avoid uh doing damage to the root the root structures of those trees. So very extraordinary. Um to say it does that grand trees don't exist on Bohickey Road would be a stretch, but this general condition of having it's actually the the oldest historic woodframe built church in America. It's over 300 years old. So there's nothing like this in the area on Bohickey Road. Um would this effectively prohibit unreasonably restrict for sure, but it would may ultimately prohibit uh any project on the site because you don't currently meet parking if without this variance today. Even if there was a not a proposed project in conjunction with it, the site would not have the appropriate parking by code. Um, so I I think that both prohibits and unreasonably restricts the site. Um, will it be detrimental to the neighbors? I think it's clear this this church has been here probably longer than any neighbor and the parking and the aesthetics of it we're looking to preserve. So, this was really a a variance for preservation that we're asking for tonight. Happy to answer any questions.

Okay, any questions over here to my left? Yes, sir. Thank you, Mr. Chair. I'll fire off a couple of real easy ones here. Um, thank you. Thank you, Giles, for your presentation and thank you for saving all the trees and and not asking for 15 variances on a on a project like this. Uh, my questions I think are pretty easy. Do you uh happen to know the topo of the parking area? Is it real low? Has there been issues with anything like this since you are asking for relief? Um,

you know, the the and let me ask all three at a time. So, the the topography of the area is is a question. Um, are there any general issues with the ground conditions over the past I don't know how many years this church has been there, but that since you've been working on this project? And then also, if the variance wasn't approved, what would be the cost to the church? Just an estimate of what it would take to uh to bring it up to the the criteria that the zoning ordinances have, just a ballpark to what the church would have to outlay.

Very good. Yes, sir. I'll go in order. Uh number one, topo. So um when you say topo, elevations are what are what come to mind. And so the site actually has good elevation. Um the this is the high part of the site. The site from Bohickot Road being the high and it falls back. So our our parking proposed in the buffer is at the highest part of the site. Great.

Um the grounds is some of the best sandy soils in in the area. Probably why the road is in that spot. So we have good soil conditions. Um, as far as what happens if this variance isn't granted, um, you'd have to build a parking lot and it and it would have to be somewhere not in the buffer. It would have to be in the wooded area adjacent. Um, so you're you're and we have, you know, prepared ourselves for what would that look like? Obviously, the most of the protected trees are in the wooded areas to plan east. So, would a variance even be possible to install that parking lot? I think that's where we fall into the the prohibitive part of the test. Um, not economics, but just

plain simple math of where can you put that much parking? Do you have an economic uh impact of dollar value? Just I we haven't run that math from a site range would be fine. No, knowing the cost of the site work that was recently turned in. Um, this is this is easily in a million dollar parking lot that you'd be looking to put in. That's what I was looking for here. All right. Thank you. Thank you, Mr. Chair. Any other questions on [clears throat] my right? No, on my left. So, Mr. Branch, I just appreciate you being here. I mean, is there a way that we could go back to just riding horses out to the site so we could really keep this story? Just kidding.

Yes.

For the record, I'm just kidding. [laughter] So I I think they hit on it. So you're adding roughly a 10,000 square foot building. And I understand the historic part of preserving the way the building look, the property looks, but couldn't some of that area be paved and brought up to code rather than because I see a whole lot of green space behind it. So, has has that been considered? Not maybe doing all of it, but some of it. So the question the historic part in the in the board that we do have to go to afterwards we have gone to and we've already had a workshop with the board um the commission I should say is appointed commission that we have to go through. Obviously there's the old side of the project and there's the new side. So everything there's basically been a line drawn right down the middle of the site. Everything planned west is is treated as the preservation from the lens of of review. Everything planned east from new we are doing paving gravel and hard surface on the new side. Okay.

But as far as the old side goes, what you really run into quite frankly from an engineering standpoint to try to pave a grass parking lot is storm water. What do you do with the storm water in that scenario? you have a site that drains from front to back. Um the dominoes fall from one to another when you start adding impervious surface retention ponds.

Right. Right. You start to fall quickly away from the intent of preservation and you have trees, the grand trees that you would be paving under. Obviously, you have root impacts. So the intent here with the new uh well it's not new anymore but the the large canopies that we have the intent has been to not have any impact whatsoever over the 25% uh which has recently been upgraded to 35% in the county. So we've we've looked to stay under that and that's why tonight we're we're not coming to ask for any encroachments beyond what's allowed in the trees because because we've limited the paving because we've limited the hard surface. Okay. Any other questions on this side? Thank you so very much for your testimony.

Thank you. Do we have anyone else? Well, it's just your group over there. Uh but anyone else to speak in favor? Okay. I wouldn't doubt you want to speak in opposition, would you? Okay. Very good. This case is closed to the public board members. Do we have any question of staff separately?

Well, how about together? Questions of staff? Any question of staff on either application? Do we have any general discussion on either application? None. Okay. Y'all want to go home early? Mhm. So, I'd like to get a motion to either approve or deny both cases. I'll take it. Okay. I see you looking this way. I saw your hand first. I'll take it, Mr. Chair. Um, all right. So, I we'll do the motion separately, I would imagine. Yes, sir.

Okay. So, with case uh BZA122500926, variance request for the requirement to provide all weather surface parking lot and allow grassy grassy parking areas for the family life center, John's Island Presbyterian Church. I see that my motion is to approve uh the zoning variance. I feel that it meets all seven of the criteria. Um there are extraordinary exceptional conditions pertuning to this particular piece of property. Um I heard testimony how old this place is and I don't even want to uh bring that back up, but obviously historical um piece of property here. Uh the number two, these conditions do not generally apply to the property in the vicinity. Uh they're basically combining properties here um old and new. But uh the significance of the importance of keeping things the way it is uh not uprooting trees not there are 54 in 25 in 37 in and looks like a 31in grand oaks uh that are not being disturbed and we're not having a variance for so u that qualifies there criteria number three because of these conditions application of this ordinance particular piece of property will effectively prohibit or unreasonably restrict utilization of the property. We heard testimony from the applicant that if we were to change this and not give them the variance um then we they would this would tremendously impact the use of the property um and they would be back here asking for variances of disturbance of these trees. U criteria number four the authorization of a variance will not be substantial detriment to the adjacent property. Um again they're combining properties here or it's two separate properties that they're adding the new life center to. Uh I think they've done a wonderful job of creating um and enhancing this project. Um and I I I see it meets that criteria. Criteria number five, the board of zoning appeals shall not shall not grant a variance effect that would be allow allow the establishment of a use not otherwise permitted. This parking already on the current sanctuary property with the graveyard uh adding the pro the family life center. I think

they've done a wonderful job of tying the two properties together uh for the same uh church use. Uh criteria number six, the need for the variance is not the result of the applicant's own actions. Uh not whatsoever. They've done everything they can to enhance the property um and save the trees, which is clearly their own actions of saving. Uh and number seven, criteria granting of the variance did not substantially conflict with the comprehensive plan or purposes of this ordinance. Clearly, it does not. Um I believe there was some staff recommendations um to to be included in my motion. Um and I'm just looking for a second. All right, Mr. Brown.

Oh, we got a second. Okay. Any discussion? Okay. All those in favor, please indicate by saying I and raising your right hand. I I Okay. Passes.

All right. Mr. Chair, I'd like to make a motion for case BZA122500927, which is another variance request to allow the existing gravel and grass parking lot to remain within the required 75 ft rightway landscape buffer along Boatit Road for the proposed Family Life Center, John's Island Presbyterian Church. I believe this my motion is to approve um this variance request. I feel it meets all seven of the zoning variance criteria. Criteria number one, there are extraordinary exceptional conditions pertaining to this property. Again, this is a very historical piece of property. Um, they still have to go to the historical commission to get approved, but I feel that it clearly meets that uh variance condition. Condition number two, these conditions do not generally apply to other property in the vicinity. Again, very historical property. Um, it will limit their capacity to for the use of the property if not granted this variance. Number three, because of these conditions, the application of this ordinance to the protective piece of property would effective prohibit and unreasonably restrict the utilization. The parking, they're either going to have parking or they're going to have trees. Um they can't they're going to have to come back to us if we don't approve this variance and then we'll be looking at at least five or six um variances for tree cutings and we don't want to have that. So, I wouldn't approve that. Um criteria number four, the authorization of variance will not be a substantial detriment to adjacent property. Uh they're a large land holder here. They're combining and using uh clearly there's no oppos opposition here tonight. We've received no letters of opposition only in support. So it meets that criteria. Uh criterion number five, the board of zoning appeals shall not grant a variance the effect of which would allow the establishment of a use not otherwise permitted. It's already a two-frame story sanctuary on site with an existing graveyard. Adding the proposed family life center will only enhance this overall project out there. Uh criteria number six, the need for variance and not the result of the applicant's own actions. Actually, it's the adverse the applicant is doing this

to save additional work. Uh that would happen to be again losing trees and we clearly do not want to lose the trees. Criteria number seven, granting this variance not substantially conflict with a comprehensive plan. This is a great project that will uh enhance this area. Um add this family life center to the the religious center out there. I'm all in favor of it. Clearly meets that critio. Please include as part of my motion staff's um added conditions.

All right. Do I have a second? There you go, Mr. Brown. Thank you, Mr. Brown. Any general discussion? Any questions of staff? All those in favor, please indicate by saying I. I. Oh, she unanimous again. Oh, boy. God's working, isn't it? [laughter]

So within the next 10 days, you'll be getting information from staff letting you know the next steps in the process. I pray that you guys have a wonderful process through this with the historical board as well. And I hope everything goes well for the church and your membership as well. Thank you board members. Good night. Thank you folks. Um I just want to bring about one quick thing. I want to thank you guys for making it here tonight. And I know we had some problems with the weather, bridges and ISIS and everything, but I I appreciate you making it here. U just wanted to remind you that please talk into the mic. Everything is being recorded. So if you talk outside of the area, turn your head away from it. Sometimes staff can't hear you and it won't be recorded. We want to make sure every word is recorded and it's for our benefit. Okay? So just please try to remember that. Um and Miss Working. Yes. So, our next meeting is March 2nd. Um, it's going to start at five o'clock because we have our annual business meeting um before it from 3 to 5 in the room next door um with dinner. And we will have 10 new business cases. We have a a good variety. We have an appeal and special exceptions and variances and yay.

Yeah, it's going to be fun. Staff, you've done a wonderful job. Thank you for all your help as well and your support. You'll send an invite for the 3M. Yes. Meeting two. Yes. All right. Means adjourn. Can I make a request? Go like can we what what room do we have to