Planning Commission - Regular Meeting

ing and appeals, also known as the BZA. The board members that will hear your case tonight are as follows. My name is William Ray and I have the pleasure of being the chairperson. To my right, we have Mr. Truslo, we have Mr. Brown, Mr. Sadell should be in, and then Mr. Neil to my left, Mr. Nelson, Miss Smith, and we have another Smith that should be coming in momentarily, and Mr. Jordan hopefully is in route. Staff members that are present tonight that will be hearing your case will be Miss Sally Brooks, Miss Clark, Mr. Foster, Mr. Hair, Miss Bashet, and Miss Work. And to my immediate right, our attorney, Mr. Kevin Hui. Because the hearing tonight [clears throat] 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 posted in the posting courier. A sign was posted on or near the designated property and a notice 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 November the 3, 2025 public hearing were sent to you. Are there any changes? If so, or if not, can I get a motion to approve and a second?

Motion to approve. A second. Okay. So, we got one here. And then Mr. Brown, you second. Very good. All those in favor indicate by saying I and raise your right hand. I

I Well, all right, then it carries. Our case ruling from this and any BZA meeting are available to the public for review and inspection during normal business hours at the Charleston County zoning and planning department. The board of the zoning appeals is a quas judicial body that has the final decision making on the following appeals on exonerated administrative decision. 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 twothirds vote of the quorum presented present tonight is required to overturn the decision of a planning director in an appeal. Then next we have special exceptions. A special exception is issued by the BCA authorizing a particular use in a specified location in a zoning district upon demonstrating that such a use complies with all the conditions and standards specialized in a zoning and land development regulation ordinance also known as Zeldar. The BCA must find a special exception meet all six of the approval criteria to approve the ordinance in a special exception. A simple majority is required to grant a special exception. And then finally we have variances. A variance is a relaxation of the BCA's regulations of the ordinance where such action will not be contrary to the public interest and where on to the conditions particular to the property and not the result of the

actions or the situation of the applicant or a literal enforcement of the code will result in the unnecessary and undue hardship. And such variance is consistent with section 6-29-800 of the code of state of South Carolina and title 6 chapter 29. The BCA must find that the variance to request meet all seven of the approval criteria in the ordinance in order to grant a variance. A simple majority is required to grant a variance. Our purpose tonight is for interested parties to [clears throat] be heard in order to assist this board in gathering evidence that's pertinent to each case. If a member of the BCA feels a need for further information to clarify the case, the board has the authority to subpoena witnesses. It is understood that the rules of your neighborhood or subdivision are binding and we can take no action that would neglect their jurisdiction over your property. In addition [clears throat] to your testimony, our board has been presented written information submitted by staff by the applicant or by the applicant's agent for each case. This information is now considered to be evidence and is entered into this permanent record for this body. It is assumed that it is complete, true and accurate. In addition, we have been presented data assembled by staff for the purpose of clarifying the location and the applicants effect on surrounding properties. Our board is empowered to approve approve with conditions or deny a special exception or variance request. We are also authorized to defer a case should there be

a [clears throat] need to obtain additional information. The BZA's final decision will be mailed within 10 working days after the public hearing. It will be mailed certified mailed to the applicant and US mail to the neighbors and the community in interest. If an applicant request is approved, [clears throat and cough] the applicant should contact the Charleston County zoning and planning department staff to discuss the next steps in the process. Varances and special exceptions granted this evening are valid for 12 months after this meeting. And a one-year extension may be granted only if construction or development has been commenced or is being diligently pursued. However, if an applicant's request is disapproved and the applicant wishes to appeal the decision of this board concerning the case, an appeal must be addressed to the circuit court. South Carolina code 6-29-800 states that an appeal must be filed by the applicant within 30 days of the decision of this board and when it has been mailed to them. Failure to file an appeal with this time limit time limit deprivives this court of jurisdiction to hear this matter. Because this is a quas judicial body, everything said in this meeting must be complete, true, and accurate. All the information provided to the BZA is considered evidence. And this board may certify contempt of circuit court if false statements are made either in writing or orally. Each person who wishes to speak to this body to this board will be sworn in by the BZA secretary before they provide testimony or evidence. In order to expedite this procedure, we ask that

everyone that wishes to speak, please stand in the group and Miss Workin will administer the oath. Uh, 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.

Thank you, Miss Worker. I will now call each case by case number. Staff will present facts that are pertinent to each case limited to five minutes. I will then call the applicant and the applicant will stand, state his or her name and the current address for the record before presenting testimony that is pertinent to the case limited to 5 minutes. I would then ask for all those who are speaking in support or opposition for the case, they will follow the same procedure for identifying themselves and are limited to two minutes. The applicant will then have a chance to reply to any opposition limited to two minutes and then the BZA will make a motion concerning the case and close it to the public. Finally, finally, the BZA will make a motion concerning the application stating specific facts of finding and conclusion of law. Tonight, we will hear nine course nine cases and Mr. Hair will administer the first case. Our first case is BZA-10-25- Z00907. Mr. Hair, thank you. [clears throat] The applicant and property owner Iran Maron of MI2 LLC requests a special exception to establish a short-term rental property extended home rental at 1527 South Pine Bark Lane, TMS number 353-15-00-011 in the St. Andrews area in Charleston County. The subject property and adjacent properties are located within the lowdensity residential R4 zoning district, while some properties to the southeast and northeast fall within the city of Charleston's jurisdiction. According to Charleston County records, the property contains a single family residence that is 2015 square ft of finished living area with three bedrooms constructed in 1971.

The applicant proposes to utilize the residence as an extended home rental by making all three bedrooms plus one bonus room available for rent, providing six on-site parking spaces in compliance with the Charleston County zoning and land development regulations ordinance Zeldar and accommodating a maximum of eight 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 Zeldar requirements. This is the location of the subject property when looking at the county as a whole. This is a zoning ordinance section pertaining to STRs in the R4 residential zoning district. The 300T radius map. The aerial. We posted the property on November 12th of 2025. Here are pictures of the subject property, single family residence and its parking adjacent properties, South Pineark Lane, the site plan, the tenant notice, and the plaque. Regarding the three approval criteria, staff stated that it may meet criteria 1 through three, and we did receive one public comment 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 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?

Does anybody on the board have a question for staff? None. You You have one? Okay. Mr. Hair, how many other short-term rentals are there in this neighborhood? Uh, zero. Okay. No. Anybody else? Question. Okay. Is the applicant present? Very good. Please come to the podium. Please state your name and address for the record and please tell us why we should approve your application. Sir,

my name is uh Iran I live in 2245 Portside Way, Charleston. Um and uh regarding this property, um the property has been fully renovated. um sits on half an acre, so there's a lot of space in the back. Um there's a tidal creek in the back. Um heavy shrubbery on the sides. One side has a fence with the neighbors. Um has a large garage so we have enough parking for um for cars on site. Um trying to think what else any other questions you guys have for me or Okay. Well, let's let's let's see. Let's see. Anybody on my right have a question?

Okay, Mr. Brown, I saw your hand first. Are are you So, you're the owner of the property. Is that correct? I'm the owner of the property. And will you be living in the property as well or No, no, we we actually live about 3 to four minutes from there in Ashley Harbor. Okay. So, we're very close. And are you planning to self-manage this property? I have a lot of properties in Hy County and we're trying to shift to Charleston locally and get the kids involved and just keep it family, you know. Okay. I know some other folks are going to have our standard questions, so I'll just save save the rest for them.

So, let let me ask No, I'll go ahead. Go ahead. Um, Miss Brown, thank you for your uh opening remarks. Um, so you're going to self-manage this property, correct? And uh, and you live a few minutes, you said, from the property. So, um, will you be responding to complaints, uh, about noise or any other disturbances on the property? Yes. Uh would you be willing to give your telephone number to neighboring property owners so that they have that in case they have something that they want to report to you?

Yeah, no issue. We have um the neighbor across the street. They actually sold us the property and they have our number and Yeah, there's no issue with that. Okay. So, you would give them to the property owners on either side of you as well. Sure. Okay. Yeah. All right. Thank you very much. We want to be good with the neighbors. So, Okay. Make sure they're happy and Thank you, Mr. Brown. Anyone else? You ahead.

Uh, thank you for um your opening remarks. Uh, have you reached out to your to to your neighbors to see whether they're okay with this, whether they're satisfied? We haven't really seen the neighbors too much and we've been in a house a lot. I know the lady that sold the house to us and been in the neighborhood for a long time. She talked to the neighbors and told him what's going to happen there. We we said from the beginning that we are trying to buy it as an investment and apply for short-term rental. And I know she talked to the neighbors. We just didn't really uh these always cause up at least for me some concern when you haven't gotten input from your from your neighbors either pro or con. Um, did you think it was a um, I don't know how to ask this in a nonporative way, but did you think it was important to talk to your neighbors to get their input?

I think it's important. I think also a lot of people have um, there's a bad stigma about Airbnb and maybe they don't understand the license is very limited for only 144 days. So, the house really will be vacant most of the year versus regular license that there's turn and burn. you know, we don't have these limitations in Horry County, so we rent as much as we can. But here, so I wanted to kind of, you know, get them to know us and see that we take care of the property and everything is good. And all right, second uh question. And I noticed he had two bays for for parking. And it also caused me a little concern when you've got three bedroomedroom house and you're going to have uh eight people, you've got parking for I think six. Does that include the the garage, the the two bays or is that separate?

Two bays plus four outside. It's four rooms in the house. And are they going to park in the U driveway or in the front of the yard or what? They can park on the street and in the driveway. In my experience, and I've been doing this for 5 years and over 5,000 uh bookings so far. For a fourbedroom house, you would never see more than four cars. You just won't see it. I have houses that are seven and eight bedrooms, and you might see six cars, but no more than that. Okay? But regardless, we have to show parking for six because this is the ordinance and that's what we're showing. That makes sense.

Okay. Just from my perspective, I I live on the Isisle of Palms. We have tremendous issues relating to short-term rentals and that's what be, you know, late at night uh right uh noise. You don't know who your neighbors are. They park in the have 20 cars. Seven and eight bedrooms and Isop Palms the houses are huge. Seven, eight bedrooms.

A lot of people, 20 people and it's by the beach. This is different. We're in a quiet neighborhood. People go out for the day. They go to downtown folly plantations and they come back. It's just a different kind of crowd. We don't have the large gatherings and the party crowd. It's just they don't All right. It's a big no no. It's on our description. Once they make a booking, we send another message. If you're planning on a party, this is not not that kind of property for me. It's a big liability, too. I I don't

you know, one last question and and I appreciate your responses. Um, in a neighborhood, people are all often concerned about their their neighbors and whether they have a criminal record or not. Or uh uh uh when you have rentals, there's no way to know to check with SLED to see whether they have whether their children are going to be safe. What are you going to do to ensure that your neighbors are going to be protected?

That's a good question. And we don't really have a 100% way to know who's coming, but we use Airbnb and VBO. They have to submit an ID and we only rent out to people with perfect reviews and we monitor the property. We have cameras in the front. Okay. Drive. You're using Airbnb as and VBO just only. Yeah. All right. This way they kind of get vetted and All right. Thank you. Yeah. Thank you, sir. Mr. Jordan. So in the future if you have a rental and it does become more than four cars, what's the backup plan? So there is space for six. Two in the driveway. Four in the driveway and two in the garage. In the garage.

Yeah. And they can park in the front. I'm just saying from my experience that just for a four come up. Yeah. But but you know we we're required to show that and we are showing. Thank you. Anyone else on my left? Okay. Well, thank you so very much for your testimony today. Thank you.

Do we have anyone else to speak in support of this application? Do we have anyone else to speak in support of this application? Do we have anyone to speak in opposition? Do we have anyone to speak in opposition? Very good. Case is closed to the public. Board members, do you have any questions of staff? Any general discussion? Very good. Therefore, I need a motion to either approve this case or deny this case. [clears throat] Can I get a little help? Oh, very good. Yes, sir.

Mr. Chairman, I [clears throat] make a motion that in the case of BZA 102300907 that we approve this request for a short-term rental. I find that it meets all the criteria for approval. It's compatible with existing uses in the vicinity and does not adversely affect general welfare or character of the immediate vicinity. We've heard testimony from the applicant that um he has will be using uh Airbnb or VRBO and the vetting of those u two companies to determine guest. He also has restrictions in terms of uh no parting that he will be communicating to prospective guest. Um and he the second requirement is that it has adequate provision to protect the adjacent properties. We heard his testimony that there's fencing on one side and shrubbery on the other. Um and he has agreed to um give his neighbors on either side in uh in front and behind his own personal telephone number for contact and that he testified that he would be just lives a short distance away and be handling any problems personally uh that may arise. Um he complies with all applicant rules, regulations, and standards of the ordinance. Um and [clears throat] uh my motion is uh made with um the four conditions set by staff.

Thank you, sir. Do we have a second? Okay, Mr. Nelson. Any other discussion? Mr. Chairman, I'd like to just make one comment. Uh since we are a quai, and this is for the benefit of the audience, uh we are a quai judicial body. we're comp uh compelled to comply with the law even if we have our own personal reservations uh about an application. Uh I do find that uh this there is a good uh proposal for screening in this case to make sure that the neighbors are going to be safe uh visa B VBO and uh Airbnb. So let me make sure I'm clear.

Um you said screening. Well, they're going, when I say screening, they're going to vet to see whether people have a whether children are going to be protected from uh from um unsavory characters. Uh in in a normal neighborhood, the neighbors can check with sled to see whether somebody, for example, is a pedophile, rapist, whatever. Um with short-term rentals, there is no mechanism per se. However, with with um VBO and and Airbnb, they have a mechanism to to check as I understand it. Okay.

And I didn't mean screening, for example, visual. I meant to protect the to community from uh from unsavory characters. Thank you for that clarification. All right. So, we have a motion that's been properly moved and second. Any other discussion? Very good. All those in favor, please indicate by saying I and raising your right hand. I. Any oppose? Carries. Sir, your application has been approved. Within 10 days, you'll be getting information from staff letting you know the next steps in the process. Once again, congratulations and good night, sir.

Oh, that's right. That's right. That's right. Okay. Okay, Mr. Hair, let's do this next case. BZA 10-25-0000908. Thank you for reminding me of that. [laughter]

Uh the applicant and property owner Iran of M I1 LLC request a special exception to establish a short-term rental property extended home rental at 3291 Walter Drive, TMS number 277-08-0000-11 on John's Island in Charleston County. The subject property and adjacent properties are located within the lowdensity residential R4 zoning district. According to Charleston County records, the property contains a single family residence that is 1,889 square ft of finished living area with three bedrooms constructed in 2016. The applicant proposes to utilize the residence as an extended home rental by making all three bedrooms available for rent, providing five on-site parking spaces in compliance with the Charleston County zoning and land development regulations ordinance. Zeldar and accommodating a maximum of 10 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 Zelda requirements. This is the location of the subject property when looking at the county as a whole. This is the zoning ordinance section pertaining to the STRs in R4 residential zoning district. The 300T radius map. the aerials. We posted the property on November 12th of 2025. Here are pictures of the subject property, the single family residence and its parking. Um, adjacent properties, Walter Drive, the site plan, the tenant notice, and the plot. Regarding the three approval criteria, staff stated that it may meet criteria one through three. And we did receive uh two public comments in opposition to this case.

The board of zoning appeals 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 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?

Anyone have any questions? Any board member have any questions? Okay, same routine, please.

Uh, my name is Iran I live in 2245 Port Sideway, Charleston, South Carolina. Um, regarding this property, um, also very large lot, half an acre, fully fenced, heavily wooded on both sides, very large driveway. Um even though it's a threebedroom, the two bedrooms upstairs are very big. There's two king beds in each bedroom. Um we're asking for um 10 guests and um we actually did talk to the neighbors on one side that we met and we told them what we're going to do. Um the other side weren't too friendly. I think that's one of the oppositions came from from that side. Um, and there's actually an existing Airbnb on 3297 Walter Drive, which is four three or four houses down. I don't think it has a license. I'm not sure. Doesn't have anything. The reason I'm saying it is because it looks according to the reviews that it's been there for at least three years. So, if the county haven't heard about it, then that shows you that there haven't been any issues. That's the only reason I'm not trying to red on anyone. I'm just kind of using it as a my defense line here, you know. That's it. If anybody has any questions, you know.

Okay. So, you're not ratting out your neighbor. Okay. It's it's a few few doors down. The house is for sale. [laughter] So, Oh, the house is for sale. For sale. Yeah. Let me ask you a question then, please. Why this neighborhood and why this house? Uh, no HOA, a very very large lot. So, you have space. you're not, you know, the neighbors are not like cramped, you know. Um, John's Island is booming right now. There's really barely any Airbnbs, legal Airbnbs that I know about, and there's a demand for families that come and need, you know, you are really making it hard for yourself tonight, aren't you? Go ahead. Continue.

We we we go by the rules, you know. Um, so that's that's our typical house. We try to have at least a quarter acre so we have some space from the neighbors. um three to four bedrooms. Obviously, no HOA. Okay. So, you're asking for 10 on this one. Why?

Um we, you know, being only 144 nights, we want to try and maximize the profit, the more guests you can put in. It's very large bedrooms there. There's there's space. the the license is very limited with 144 nights. It's now you made a point to tell us that you have been doing this very successfully in Ary County and now you're moving to Charleston County doing the same thing. Yes, sir. We

So, do you foresee any problems here in this neighborhood besides it not having a HOA? You have a halfacre lot. Do you foresee any problems here as far as your neighbors noise? Like I said, the other Airbnb has been there for a few years and I don't think there was any complaints or And and how long have you owned this property, sir? A few months. Couple months. Okay. But you were able to do some research on them. That's my job. It's what I do. I see. Okay. It's what I do. Let me start on this side. Any questions? Yes, ma'am. Miss Smith, did you say the entire backyard is fenced in? Is that is the Is the backyard fenced in? Fully fenced. The whole property. Yeah.

And there's just woods in the back. There's no no other neighbors. Any other questions to my left? Any questions on my right? Mr. Brown, I'm asking about the fence as well. Is it a privacy fence or just aluminum fence? Okay. six foot tall. Six feet tall and there's um shrubs and and trees. It's it's like a Jurassic Park and then somebody just shaved for the house and everything on the sides is And are you going to have any kind of special requests of owners or I mean not owners of of renters and guests about swimming and how trying to be mindful of the neighbors and

outdoor. Yes. The good thing about short-term rentals versus long-term rentals, you can kick out short-term rentals. You don't need no eviction or anything like that versus having a neighbor that is, you know, rowdy. And that has never happened because we just don't let people. Like I said, we vet them. We make sure they know there's a noise ordinance. So any bad behavior is a liability for me, you know. Thank you. Yeah. Anyone else? Go ahead.

Um, sir, have you uh we've asked this in the past, but have you cons I'm concerned you got a three-bedroom house, you got a swimming pool, you but you um you have 10 guests, swimming pool. Some of my experience has been that that often unfortunately becomes party central. But have you considered um limiting yourself to eight or are you insistent on 10? Ideally, yes. Just because again the license is so limited with 144 nights. So it's really just weekends throughout the year. So your answer that you're not willing to reduce it to eight.

10 will be easier for us to compensate for the days we're we're losing basically. Okay. So you're not willing to limit it. Ideally, that's a just simple question. Yes or no? We would rather have 10 if that's the bedrooms are large enough. It's it's a it's a big house. Any other questions? No.

All right, Mr. Jordan. So, as you said a few minutes ago, uh bigger house, more tenants, but doesn't that situation all also uh create the possibility of with a swimming pool, more cars, so you can handle that? We have a very large driveway. It's it's it's Yeah, it's really long. There's a lot of parking plus a garage. Yeah. Is there going to be a fence around that swimming pool? The the property is fenced. I know that. But the swimming pool, are you going to have a fence around that protecting animal? You don't have a fence just around the swimming pool. Okay. But because a lot of times they do that now protecting kids

and animals. When you go back when you go out from the house, there's an alarm system that is connected and there's chimes that let you know that somebody went out and then you go out to a screen porch. So there's another locking mechanism. But your neighbor's kids don't don't wouldn't chime that, would it? if they come over unexpected unannounced. As soon as you slide that door, there's the whole house says makes like a noise that the door was open. Thank you. All right, I think we're good on questions. Thank you so very much on your testimony. Do we have anyone else to speak in favor of this application? Anyone to speak in favor? Anyone to speak in opposition? Anyone to speak in opposition? Okay.

[clears throat] Please state your name and address for the record and please tell us why we should. Um, my name is Austin Blankenship. Um, I live at 3385 Vaughn Ocean Road. I really had no intention of talking at this particular junction. There's another docket on the Please repeat your address again. You said it pretty quickly, but so I I apologize. 3385 Vaughn Ocean Road V Osn. Okay.

I did not have I was not prepared to speak at this particular one. I'm prepared to speak earlier on for another for another thing that's coming up on the docket. Um I've just wanting to we already have a bad enough problem with people my age and younger trying to get homes. Part of the issue is the short-term rentals. Whereas you can have this guy, yes, he can come in, he can say it's going to be safe. it's only for 140 days trying to get so many people. But at the end of the day, that could very much be a house that somebody will live in for the rest of their life. It could actually be a home where people can grow up, live, and have a family. And part of why we have this housing economy and housing crisis is because we have people buying up these properties and buying up these properties and commending them and changing them into an Airbnb. There's a whole there's reasons why we have laws against it and why we're here and why y'all are up here today talking to him about it. I'm but I guess it just boils down to it's not I don't see how this could be a good idea. I yield my time.

Okay. Well, thank you for the test. Let me see if anybody have a question. Anybody on my left? Oh, you do. If you would please come back to the podium. What's up? Do you live in the neighborhood where this Airbnb is being proposed? No, I will not. No, I don't. I live on Von Ocean Road which is in Somerville. Okay, thank you. Okay, we're good. All right. Anyone else to speak in opposition?

Very good. This case is closed to the public. Board members, do you have any questions of staff? Oh, that's right. I apologize. Please forgive me. Um, you do have the right of rebuttal. Okay. Thank you. You're nodding and saying that you don't want that. Thank you. Um, so board members, this case is closed to the public. Do we have any questions of staff? Any general discussion? Very good. I need a motion to approve or deny this particular case. Anybody want to Okay, Mr. Nelson.

Mr. Chair, in the case of VZA 102500 9008, I would make an a motion that we approve this application. In making this motion, I find that it does meet all three of the criteria necessary to uh be used as an STP. That one, it is compatible with existing uses in the vicinity and it will not adversely affect the general welfare or character of the immediate community. In meeting this criterion, one thing that I recognize in this and many other um STR cases that come before us is that the permit that's issued by the county is only for the period is only good for one year. And during that one-year period, if there are um enough complaints by neighbors for noise issues, for parties, that sort of thing, it's uh very likely that the applicant would not be renewed their permit for the following year. So, I believe there are some built-in mechanisms within the ordinance to help meet that criterion. that I also believe this particular individual has successfully administered ever other STRs both in Ory County and now in Charleston County and will be able to um uh maintain a good neighborly use in this particular property. Criterion two that adequate provision has been made for such items as setbacks, buffering fences to protect adjacent properties from possible adverse influence for the use. Uh clearly there's a six-foot fence around the property and that will help protect the neighbors from any type of um parties that may or may not occur within this particular residence. And criterion three that it complies with all applicable rules, regulations, laws, and standards of this ordinance. We definitely meet that criterion. In making this motion, I would add the four special conditions recommended by staff.

All right. Can I get a second? Thank you, Miss Smith. Any general discussion? Um, I'd just like to echo u my prior remarks and reservations, especially relating to 10 people in an eight in a three-bedroom house. I realize that we're bound by the law, but those are my reservations. Thank you, sir. All right, we'll take it to a vote. All those in favor, please indicate by saying I and raising your right hand. All right. All right. It's unanimous.

Congratulations, sir. Your application has been approved. Your second application has been approved. So, you'll be getting information from staff within the next 10 days. Thank you. Very good. Our next case, Mr. Hair, is case BZA 10-25-0014. The applicant, Heather Hall of Wendy City Construction LLC, representing the property owner, Gretchen Gint, is requesting a variance to allow the removal of a 24in DBH grand live oak tree to accommodate the construction of a proposed detached accessory structure, a two-story [clears throat] garage apartment at 1521 South Pineark Lane, TMS number 353-15-00-012, located in the St. Andrews area of Charleston County. The subject property and adjacent properties are located within the lowdensity residential R4 zoning district, while properties to the southeast and northeast fall within the city of Charleston's jurisdiction. The 24-in live oak tree has been evaluated by the staff arborist and classified as a grade A specimen, which requires approval of a variance by the board of zoning appeals for removal. According to the applicant's letter of intent, the tree is located near the existing driveway and is obstructing the placement of the proposed garage structure. Additionally, the applicant notes that the trees uh root system is causing damage to the driveway. Here's the location of the subject um property when looking at the county as a whole. the ordinance requirement for tree protection and preservation, the [clears throat] 300 foot radius map, the aerials. We posted the property on November 12th of 2025. Here are pictures of the 24 inch uh live oak. Pictures of the subject property, South Pine Bark Lane,

the survey, the site plan, and the plat. Regarding the seven approval criteria, staff stated that it meets four and five, that it may meet one, two, and seven, and that it may not meet three and six. Uh we did receive uh one public comment in opposition to this case as well. Um the board of zoning appeals 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 BZA decides to approve the application, staff recommends the following uh conditions. One, the applicant shall mitigate the removal of the 24-in DBH tree 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 caliper equaling an inchforin replacement. Uh B depositing funds into the Charleston County tree fund as described in section 9.2.6 of Zeldar or C a combination of both A and B. Um mitigation shall be completed prior to the tree removal. Uh, two tree barricades constructed of chain link fencing shall be installed around all protected trees within four 40 feet of disturbance prior to any construction pursuant of section 9.2.4 of Zeldar. And three, the applicant shall retain a certified 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 the zoning permit issuance. Here are staff uh recommendations and is there any questions?

Does anybody have question of staff? Okay. Thank you, Mr. Hair. Is the applicant present? Very good. Please come forward and please state your name and address and please tell us why we should approve your application. You may want to pull that mic down and a little closer to you. Are you trying to say I'm short? No, I just want to make sure you get heard.

Okay. My name's Heather Hall and I'm here in regards 1521 South Park, Pine Bark Lane. Um the removal of the tree is it's there's [clears throat] I think there's over 20 oak trees on her property. Um this one is in the front right in front of the driveway that is cracking up the driveway. And she does want to build a detached garage that's open that opens to the back for her view and it has an apartment up top. Okay. So, you're representing the owner today? The owner? Mhm. Okay. I'm with Wendy City Construction. I apologize. Say that one last time. I'm with Windy City Construction. Okay. Do you have any more testimony you'd like to make? Uh,

on her behalf? No, not at this moment. I'm sure you're going to have questions for me. Okay, let's see if any of my fellow colleagues would have a question. I see Mr. Jordan hand on my left, Mr. Jordan. So, has the owner made any effort to try to solve this problem without cutting a tree down for the cracking of the driveway? That and whatever else.

No, the tree is in the way for the building proposed building structure, but nothing has been done for that tree in particular. There's nothing that can be done unless you break open and cut out the roots, which you'd still be getting the driveway, but that would still for the accessory structure. Okay. Thank you. Any other questions on my left? Okay. I see Mr. Brown hands first and go to you next, sir. Sorry, I didn't mean to block you there. Yeah, you were blocking it, but um have have any other potential locations for this garage in an apartment been explored or is

there's really nowhere else for it to go. It can't go further back. If it went further back, that tree would still obstruct getting there to the back of the yard. Get getting access to the backyard. Yes, because it is going to be used as a garage on the first floor.

Thank you. Yes, sir. I apologize. Go ahead. You had a question. My question was similar. It's detached structure. So, it's not going to be connected to the house at all. And but your testimony is that there's no other way to provide access. Even if it was moved back, that tree would still have to be removed to accommodate. It's a double garage. Is that Yes, sir.

Okay. Thank you. Let let me let me get something here. Uh could you go back to the podium and please pull up the survey? Oh, you don't have to go back up. Yeah, that one. Yeah, the site plan. Very good.

I can see it on my teleprompter. But so let me ask you a question. You got the proposed garage there and you got the concrete there in front of it. Correct. Correct. Could the garage go in front of the tree? No, because the driveway it it's a normal like twocar driveway when you come in and it tapers out and it's bigger at the end. This is the structure would be too big for the driveway itself. This structure, if if I'm not mistaken, is 25 by 25, right? Mhm.

She has a garage attached to the house. 35 by 35 ft up front, right? Yes, there is a garage that's attached to the house there that they still need access to. Okay. Is that not a matter of choice? Um going from the architect. No. Okay. That's the architect is the one that planned that it was in the best that was the best place for it. Okay. Um but you're not an architect though, are you? I am not. Okay. No, sir. All right. Let me see. Mr. Brown, you had a question. Follow question.

You say the 24 in oak is in the way of getting access to the backyard. How much space do you need and how much is there currently between the tree and the house? How much space in between the tree and the house? Um I mean I guess yeah that might be my first question. It appears it's 15 to to 20 ft. Maybe it looks about 20. So you need more room than that to get into the backyard to build a structure. Is that what it's going to be? It's going to be a garage. They need to be able to drive into the garage and that tree would obstruct that.

So, you couldn't drive beside the tree, I guess, is what I'm getting at. Is there not enough room to maneuver or something? I mean, I guess you could, but then you'd still end up we'd still end up here in a couple years because it's already tearing up the concrete. I have pictures from I think they do have pictures from March of this year, and then I have a picture from this morning, and you can already see the difference. It's gone in eight months. Okay, thank you. Who else had a question on my I did first. Thank you for your presentation. Um, I had a couple of background uh questions before I get to the take the okay

shell off the nut, so to speak. Um, how long is the owner owned this property? Three years. Uh, when was the pool put in? two years ago. If the but for the pool being put put in, could this garage have been put in the backyard and save the tree? Uh, would there be room to get back there to drive back there to to drive all the way back to put it in the back of the yard? You'd have to

if you see if you look at the side plan where that is there's more trees around there where the pool is for what you're asking. If you see if they wanted to put it there there's more trees there that wouldn't be I'm saying but for the pool being there could would it have been feasible to put No. And why not? Because of the other trees and the back port if you look there right right next to that on the side plan next to the pool. All right. There's like a coupling of a bunch of oaks there and then on the other side there's a coupling as well. Okay. Or you've satisfied me. Okay. On that. The uh next question I have is um more pointed.

We're bound. We're quai judicial body. We're bound to comply with the law despite any reservations we may have.

We may have I'm looking at criteria 3.10.6 sub paragraph 6. the need for the variance is not the result of the applicant's own actions. Um, I'm having a very difficult time understanding how this would not be the need to kill the tree would not be the result or to remove the tree and mitigate would not be the result of the uh actions proposed actions by the applicant. Tell me tell me why I'm wrong. I don't quite understand which. Can you repeat it?

3.10.6. I'm looking at the law. The need for the variance is not the result of the applicant's own actions. Criteria three. Oh, criteria three and and six. Um three would be the same uh or are similar in my mind. it and that provides not having this extra uh apartment

does not seem to doesn't prohibit or unreasonably restrict the utilization of the property as it exists now. Those are those are the two criteria I'm having a lot of trouble with from a legal perspective. Okay. Tell me tell me why that's wrong. Um, I'm looking these or are you or why you're writing up I'm justifying the law the law. Well, I'm trying to find those. So, I is that up there? Right there. I can't read those. Sorry. So, I can't Is are those on my variance criteria?

I'm sorry. I can't There we go. I'm blind. So, you said three and six, right? So that's what you have. Three and six. Okay.

I don't think it would re restrict the utilization of the property to remove the tree. Is that what you're asking? Yes. No, I don't think it would restrict the utilization of the property. That tree is already upsetting the concrete driveway that's there. There's over 20 oak trees on there on the property already, just her plat. And she's got several. So, I don't I don't see it causing any issue being removed. So, to fine-tune this, is it is your reason would it be would the reason to remove the tree be to protect the driveway or or is it for to accommodate the construction of the apartment? It's for both.

I'm sorry. It's for both reasons. All right. Okay. Thank you. We have any other questions? Am I right? Do we have any other questions on my right, Mr. Okay, I'm I apologize, Mr. Jordan. The current owner, is that who put the pool in? Yes. Did they have to take down trees to put the pool in? Pine trees. What she said? Pine trees. That's still a tree.

But what I'm getting at is that So what I'm sitting there thinking about what my colleague said about this has all been a matter of choice. So they chose to take trees down to put a swimming pool in. Mhm. Not a garage. Okay. Thanks. All right. Any other questions? get a clarification from from them too because we've had this discussion before and I just thought about it. But is the owner aware of the cost of mitigation of taking out a tree and how much?

No, I don't even know how much that would be because it says that you they what I was told was you guys would we'd either plant trees or we'd mitigate and write a check. We don't know what that is. They said that you guys would let us know that we would say how much it was. That's what the That's what I was told. It's based on the caliber of the tree. Yeah. Yeah. There's a certain calculation that goes into it. It's not something that we determine, but I was just making sure somebody was aware that that was also an going to be an issue. All right. I had one last question, but I'm trying to ask a question.

Go ahead, Mr. Nelson. Has the owner explored any other options for placement of this particular garage or is this the the only option that's been explored? To my knowledge, this is the only option that has been explored with the property with an architect. I mean that my my colleagues up here have expressed this concern. you know staff has has noted that criterion three and six may not be met in this particular case which is

um unreasonable restriction of the property if the variance was not granted you know the use of the property doesn't change in criterion six that it's not the the um action it's not the result of the actions the applicant's own actions and this is you know this is a tough one because this is one where the applicant clearly desires something and the only reason to remove the tree is to make that particular action happen in placement of the garage. Um that's not the only reason though it and the roots disturbing the the the uh the driveway. Correct.

Um you know in this particular case you not having explored any other alternatives for location of the of the garage. I mean, it's tough to overcome not meeting all of the criterion that are required for us to actually grant a variance. And that's my my colleague was trying to help you get there and at least ask some questions that could help us get past those two criterion. Uh, but I I'm not I'm not sure we're getting there just yet. Let me ask a question too. There is a existing garage there, right? And how many cars will it occupy? two can hold it hold two cars. One one sorry

okay [clears throat] and the new garage will be able to house four up to four. Okay. All right. Um y'all have any questions down there? Oh, go ahead, Mr. Brown. I know we're struggling. Go ahead. Takes me a minute sometimes to to get them all out.

If concrete on top of the roots of the tree are a problem, has there been any investigation of potentially or would you be willing to use stone or pavers or something that wouldn't necessarily crack but could still accommodate parking on the in that area? I mean, I guess you could, but they're still going to even if you put pavers down with roots like that, it's still going to push them up. So, you're going to have to cut some of the roots out to get them to lay back down. Yeah. Okay. Thank you. You're welcome,

Mr. Chair. I had want to follow up on one of the questions because Yes, please. I'm still I'm trying to help you get there, but I'm I'm having a hard time getting there. com. Looking at at the law in this case, the proposed structure is 25 by 25. Correct. Correct. What's the size of the pool including the decking? I do not have that. I have to go to the site plan. So, I apologize because that is not has doesn't make it easy for you. Is it is it larger than 25 by 25? Um, the deck is about 60. It's I'm sorry, I couldn't hear you. The deck is about 60 foot long.

Okay. So, the area encompassed by the pool and the the decking is more than 25 by 25. So, if the answer is was you said yes. Yes. I'm a little hard of hearing. Um and I apologize. It's sorry I'm looking at you're talking because um so I'm trying to get my mind around this. the the owner put in a pool and that means that there's no room for the proposed garage. If the pool weren't there, you could put Could you put the garage there? No. Why not?

Because the tree is in the way and up the edge of the house is also where the power connects to her house, which is there. Like if you look at the site plan where this house is and it kind of shows right there where the electrical comes in. So they would have to the gate the fence is open right there but that would this tree would still get in the way of going there going back there because you can't go too close to the house to drive back to the garage. So even if this deck and pool wasn't there that really wouldn't have been an option because it dips it's graded properly the way it's supposed to be. I mean like we could, you know, all fix all that, but we'd still have to remove trees to do that.

Would the uh as you face the backyard, the I'm I'm looking at the 24inch tree. The other tree is a palm tree. Yeah, the other tree is palm tree. Okay. And it could be removed. Yeah. All right. All right. I understand. Thank you. Okay, thank you so very much for your testimony. Do we have anyone else to speak in favor of this application? Oh, wait a minute. Do we have another question? Did you? I did. Yeah. I'm sorry. Please come back up. I I thought we were finished.

Hi again.

Thank you for coming back up. Um, I think you responded earlier that they had not looked at other locations. Um, and I understand the two-car garage requires enough of a an apron, concrete apron to allow cars to maneuver into the garage. But looking at the site plan, it seems that I think it's to the left of the tree. There's enough for a single drive perhaps that then could widen to a a space to allow entrance to a twocar garage beyond that if if the structure was moved back. And that way the tree is saved. You still get your structure. There's no intention to attach it to the house. So that by moving it back, it looks like that that might be a solution. But I'm not trying to I'm not an architect. I'm not trying to to um make a plan for you, but my sense is there's some concern about not meeting the criteria. So,

okay. Um, many times in the in in that case, people make the decision to maybe go back and revisit, see if there's other solutions. Uh, so I just wanted to throw that out. The power line impedes the power lines that connect. It connects to the house above. It's above ground power that comes there. where you see it going on the site plan pushing it back further. We're staying away from power lines building because it's two stories. So pushing it back further. I can't speak to whether that power line can be rrooed or not. I assume that the structure new structure will have to have power too. Correct. Yeah. So

it's connecting to the house power. Okay. I'm I'm going to leave it at that. Thank you. Very good and valid point. Thank you. Any other questions that we popped up on? Thank you. Forgive me. Thank you for your testimony. Once again, 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 of staff? Do we Yes, Miss Mill

Okay. Do we have any general discussion? Did we receive any comments on this one? We did. There's one in opposition, right? Yes, sir. Do you want to have you want to read that or No, no, I just was making sure.

Okay. Okay. No general discussion, board members. Okay. Is there any unrest? Okay, very good. And I need a motion to approve or deny this case. Miss Smith, I think you were ready to move forward. In the case of BZA 102500914, I'd like to make a motion to deny the variance request to remove the 24 in DBH grand live oak tree for a proposed detached accessory structure on the grounds that it does not meet uh criteria three and six. Um criteria three says that um because of these conditions, the application of this ordinance to the particular piece of property would effectively prohibit or unreasonably restrict utilization of the property. I don't believe that this unreasonably restricts the utilization of the property and that there are other places that they could put a twostory or a two-story structure including um maybe going up on the main structure or placing it where the um where the garage where the driveway is currently. And for criteria six, the need for the variance is not the result of the applicant's own actions. Um the applicant bought the piece of property. Um there was already tree protections in place on that piece of property. they were able to fit a pool on their property and um the need for the variance um the need for the variance may be the result of the applica applicant zone actions as the request is associated with the construction of a new detached

accessory structure rather than the preservation or modification of an existing condition. it. The applicant's letter of intent states that it would be for a new detached garage at the end of a driveway. And since the proposed development is a voluntary improvement and not necessitated by existing site constraints beyond the applicant's control, this request may not meet this criteria. Okay. Do I have a second? Second. Okay. All right. Any discussion? Very good. All those in favor, please indicate by saying I to deny this case.

I Oh crap. Okay, so that was unanimous. Unfortunately, your case has been denied. You'll be getting information from staff letting you know the next steps in the process within 10 days. I have a question. I'm sorry. It we we can't answer any qu we're not going to entertain any questions at this time. She's asking procedural. Oh, you are you asking a procedural question? Yes, you can submit another application, but it has to be different than this application to get it removed due to you can submit you can submit another application just not the same application. Thank you. And thank you sir.

Very good. Okay. Miss Working is doing our next case. Our next case is BZA 10-25-0000915.

Okay. Thank you, Miss Orin.

The applicant, Brian Heatherly of HH Action LLC is requesting a variance to allow the removal of of a 40in DBH diameter at breast height Grand Sand live oak located within the Richardson Road public rideaway. The [clears throat] request is associated with the proposed subdivision of TMS number 330200068 into two residential lots. Richardson Road is a county non-standard road with a 20 foot wide rideway accessed from Solo Gree Road on James Island. The existing 8 foot wide dirt travelway terminates at the northern boundary of CMS number 33020066. The Grand Tree is located just beyond this point. See within the rideway which is near um parcel ending in 067. The staff arborist has evaluated the tree and classified it as a grand B specimen specimen in accordance with the Charleston County zoning and land development regulations ordinance. Zeldar removal of a gray be grant tree requires approval of a variance by the BZA. The applicant is currently undergoing the subdivision process for TMS number 330200068 which is lot B5. This lot is 0.6 6 acres in size. The proposal involves subdividing subdividing the parcel into two 0.30 acre lots identified as B5A and B5B on the proposed plat. The applicant proposes construction of a 10- foot wide gravel trial way through the Richardson Road rightway to provide access to these lots as well as to the adjacent TMS number P ending in 69069 lot B6.

International Fire Code IFC requires a minimum uninterested uninterrupted 20 foot access road width. Um so this is the proposed plat. Um this is the zoning map and it's showing the location of the tree approximate location. The zoning ordinance requirements for tree removal. The 300 foot radius map. Again the red X is the approximate location of the tree. aerial.

Um, this map shows in the dark blue is the drainage easements around the property. And this shows like where the parcel where the um road terminates. We posted the property on November 12, 2025. These are some pictures of the Grand Tree. again the proposed plat and this is the existing um approved plat of record staff stated that the request may not meet one through four and six and seven and that it meets five. The board may approve approve the request approve with conditions or deny the request based on the BCA's finding of fact or request additional information. In the event decides the board decides to approve the application staff recommends the following conditions. One, the applicant shall mitigate the removal of the 40in DBH grant tree 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 depositing funds into the Charleston County Tree Fund is described in section 926 of Zeldor or C a combination of both A and B. Mitigation shall be completed prior to tree removal. Two tree barricades constructed of chainlink fencing shall be installed around all protected trees within 40 ft of disturbance prior to any construction pursuant to section 924 of the Zeldar. And three, the applicant shall retain a certified 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. Um we received 269 letters in of opposition um with an additional six letters of opposition received um by noon on Friday, November 28th, which we received today because of the holiday. You had how many miss working? 269 plus six. [laughter] Yeah, there and this the additional six are on your iPads if you want to look at those questions. All right. Does any for Yes, sir.

My my first question is really just for my own edification, but is the sand live oak a subspecies of just a regular live oak? Uh, for a long time it was considered that. Um, through DNA testing it has been described as its own species. All right, that's good to know. Thank you, Mr. Foster. Um, my next question is related to how the international fire code would would apply to the subdivision of this property. Is are they required to meet the IFC in order to have the access to subdivide the property or is that justification that's being used for removal of the tree itself?

They it has to be 20 ft wide on undisrupted. So I think they're providing 10 ft is what this request is for. Okay. Yeah. But that's not a county the does the county require them to meet IFC I guess for Oh yes we will because we won't approve the plot unless you know all the other agencies approve it as well. Okay that's all I have. So in a in a roundabout way. Yes. Yeah. Any other questions on my left for staff? question. I guess I want a clarification of something you just said that so this is a request to remove the tree. Okay.

Only, right? And not a reduction of the fire access requirement. Yeah. Okay. You said something about 10 and 20. So I I got Yeah. They're just showing 10 on this plan. Um but it needs to be 20 feet wide. Okay. Yes, sir. So on this diagram that's on the screen right now. The tree in question is the one in the bottom right hand corner. Is that correct? Right. So like this match line here is matching to this here. And the space that you have to maneuver within for a road access road is between the two dashed lines. Am I understanding that correctly?

Yes. Okay. All right. Thank you. Yes, sir. Welcome. Yeah, my apologies to the chair and board for my tardiness today. Um, I I guess that this will probably be a developer qu or applicants question, but I wanted staff to chime in if they're not looking to subdivide this property. They can access this property without having to remove this tree. Correct. Um, that that's possible. Um, they would still have to get a permit to develop those two lots. So, right. But I mean, it's really because they can't access the rear lot without because they're divided into three,

right? Okay. Thank you very much. [snorts] Any other questions on my right, Mr. Brown? I do have I noticed a a statement or a comment, I guess, or something in in one of these about uh potential uh looking at an easement to to go around. Do you was that of your or or the staff's recommendation or just a comment or was that do you know if that was investigated at all?

No, it was just a a comment that they should investigate that because I don't think that was really explored fully before applying for this variance. Um, so like there there's an option to get an easement either through 067 or 004 potentially, but that would be up to the developer to work out that those details. I I have one question then if you don't mind me following up. Can those lots be smaller? I do not think so. No, it's S3 zoning. Okay. All right. Any other questions? Yes, sir.

I'm sorry. U do I understand that the crux of the applicant of what the applicant is seeking is are they saying that they can't develop reasonably develop this property without the removal of the tree? Is that the crux of their case? Yes, that's what they're saying. And um have they are there any other alternatives? And I'm thinking in terms of deferral, are there other alternatives that they that that uh have been presented or that that may be [clears throat] available? None have been presented, but we do have alternatives they should look look at.

Okay. Reason I'm asking this is since the time I've been on the board, this is the first time I've seen where there's where the applicant proceeded as they are when there's they've only met apparently meet one of the seven criteria. Uh, have they talked to you about seeking a deferral to come up with other options or they have do they want us to make a decision? I do not know the answer to that the second question, but they have not. All right. The answer the first question is they do not. All right. Thank you. Yeah. Okay. So, we're good on my right and we're good. Okay. Miss Smith coming. Is Is the tree shown on any of these um plats or whatever? I can't see them.

So, It's actually down here. Yeah. So, this is where their property starts. This will be right away going down to Yeah. If you look, it's down here. So, it's um closer to parcel 067. Um that's but that's where it's shown on the plane. Okay. Thank you. Okay. Okay. Miss Workin, I think that's all the questions. Thank you so very much. Very good. Is the applicant present? Yes. Very good. Please come forward. Please state your name and address for the record and please tell us why we should approve this application.

You may want to lift that mic up for us. Yeah. Thank you. You can bend it just a little bit more. We want to hear every word that you have to say. Is that good? That that is perfect. Thank you. Great. My name is Katie Austin Heatherly. My address is 1606 Teal Marsh Road and that's in Charleston um 29412. Okay.

I'm here on behalf of HH Action, the applicant um for this variance request related to the tree on Richardson Avenue, Richardson Road. I wanted to begin by thanking everybody for being here, those that are in support and also those that are in opposition. We find ourselves in a very unique position being the applicant because the tree in question is located within Charleston County's right ofway. Not private property, not our property. In 1995, Charleston County approved the subdivision for these three lots for these lots. In 2011, Charleston County designated Richardson Road as a county manage maintained road, which places the responsibility for maintaining the road and ensuring access to all land owners on Richardson Road access. All of that responsibility falls on the county. This leaves us between a rock and a hard place as these properties have been properly subdivided by the county since 1995 and because the existing condition with the tree, these residents do not have vehicular access to their properties. After extensive discussion with the county staff regarding how access to these properties beyond the tree could be safely achieved, the county directed us to submit this variance application on their behalf because the tree is fully on the property of the county. The road is currently impassible due to the tree. We want to address one key misunderstanding. This request is not tied to the subdivision of that property of that into the third property. It is solely about providing legal and safe access to the two existing properties

that currently cannot be reached due to the treere's location in the county rightway. Under the international fire code, which was mentioned, access to the road must be fully clear for emergency services. As things stand today, neither of those two properties property owners can legally access their land and continued denial of access would violate their private property rights and make it make it them unable to have legal right of passage. So when we were looking at that plat there, when we showed the properties that are beyond the tree, um the last to pull it up, that would be great. Thank you. Would you please

that one? Yes. So those that is not currently subdivided into those three lots. It's the first two as one and then the back lot. As you can see, the tree is well before those two properties. The property owner of the back lot, Miss Gwendelyn Roer, was wanted to attend today, but she couldn't. She wrote a letter to the board that I'd like to read now if that's okay. Please.

Okay. Dear members of the board, my name is Gwendalyn Roer and I am the owner of the lot located on Richardson Avenue in Charleston, identified as parcel ID 330 200 069. I am writing to express my full support for any action by the board of zoning appeals that would provide the necessary access to my property. In order to access my property, the tree needs to be removed. Currently, a tree situated within the ride ofway blocks the only feasible path and public access to my lot. I cannot see an alternative route or method of reaching the property. Without proper access, I cannot use the property that was legally subdivided to me by Charleston County in 1997. Adequate access is essential not only for the safety and emergency response, but also for the basic ability to use my land. I respectfully ask the board to consider these impacts as it reviews any matters related to the access improvements affecting this parcel. I appreciate your time, attention, and service to the community. Please feel free to contact me if additional information or clarification is needed. Respectfully, Glendel and Roer.

I want the letter. I I'm going to need a copy of that letter. I want the board to see that letter. I have multiple copies of all of the letters and documents that we're presenting. Jenny, it's working.

Look at your phone. Look at your phone. Sorry. Yes, that letter she read because she's got to enter that into the body of records. Please, that was somebody else's testimony. If you start it down here on the left, continue. You still have time available. Sure.

There has been significant public support for preserving the tree and I want to be very clear. HH Action would very much like to preserve the tree. We have explored every option to do so. We have spoken repeatedly with county staff. We've engaged a certified arborist and we've reached out to both adjacent land owners.

The engineer letter that you also will be receiving states as that we asked the question about the international fire code and he expressed that yes, it was mandatory that we abide by the international fire code. Our Our arborist has provided a letter that you now currently have confirming that the treere's health would not be compromised by the limited vehicular activity near its root system that this access would create. However, while the tree may remain healthy, the international fire code still requires that the entirety of the ride ofway be unobstructed. We have also worked diligently with the neighboring land owners. The property owner on the west side of the tree, Miss Lillian Blu's family, is not willing to sell at this time. The owner on the east, Mr. Jacob Lober, has been vocal in his opposition to the treere's removal. We have spoken to Mr. Lobber and met with him multiple times, including on site to explore 150 square foot workaround that would slightly encroach onto his property. Even though the tree does not sit on land owned by HH Action, we have offered Mr. Lober fair monetary compensation for this accommodation and he has declined. We have exhausted every available avenue to preserve this tree. However, the fact remains that the property owners must have lawful access to their land. At this point, removal of the tree by the county is the only remaining option to ensure and maintain that access. Okay,

thank you for your consideration. Please hold one moment. So, um I'm going to start on this side. I will come to that side. So, Mr. Jordan, I just have a comment. Uh I just wonder is this an example for the future to consider. I read in the paper, maybe some of y'all did within the last two weeks, somebody in Mount Pleasant's moving a great oak tree. I didn't know that could be done. Spaded. And so therefore, maybe this is something that our board should recommend the county council to give our staff the authority to make that as a suggestion. Thank you. That's what it sounds like. That's what this could be. But I had no idea something that big could be moved and replanting. It would live.

Got to find a home for it. Okay. Thank you. Any other questions on my left? Oh, let me go to Miss Smith first, please. Is there no way to access from the the rear of the property? It looks like there's a a road back there. No, that's a forgive me for the lack of exact term, but that's a drainage ditch in the back. That's not a a public road. Okay. Thank you, Mr. Nelson.

Yeah. So, exploring the whole IFC side of this, um, aside from the subdivision, if you were just proposing to build a house back there, would you still be required to request the 20 foot wide or 10 foot wide, whatever we're looking at? Exactly. That's exactly right. So, um, we, this is not about subdivision. I'm sorry if I didn't make that clear, but this is solely about providing legal and safe access to the two existing properties. currently not not having access. So, yes, without the subdivision, that's why we want to be clear that this is not tied to the subdivision, if either one of these property owners were wanting to build a house

on their property, they would absolutely need access. And this same issue would be coming up. And one other thing, can can you help me understand with this being a county a road that the county bears responsibility for, why is it left to you guys to apply for the variance request? It's a very good question and we've asked it multiple times and the answer we received that is that this is the process that we have to go through the BZA process that we have to be the applicant and they are the property owner. The county is the property owner. We applied for this variance on their behalf. And you have a copy of this request from the county.

We have a lot of correspondence that I'm sure I could find. No, that that's not completely accurate. They didn't apply on our behalf. The public works department had to sign the application for them to proceed with this variant. So, that's what is going on there. They're not for or against this request. The county is not. I apologize for the misunderstanding. We were told that this is the process that it's not our responsibility that it's not our land. It sits on a county rideway. We don't own the property. Nobody else owns that property. So, we were at we asked specifically how to handle this and this is the process that they gave us. Okay. I'm going to Have you already purchased the property or are you under contract to buy it?

We are under contract to purchase. Okay. I I I recognize my left side over here, but unless you, Miss Smith, have a question. No, that just answered it. Okay. So, I'm gonna go back here on my right and I'll start on the very end.

Thank you, Mr. Chair. Um, I just I need a little history lesson on this property. I think you started to uh allude to some stuff here. You're under contract. So, um, M. Working, can somebody pull up the the one with the three lots on it, the plat that shows the three lots? because I was also trying to follow you when you were talking when you responding one of the questions about access because that's what I'm I'm diving deal diving into. Um, so you got the left property, the middle property, and the right property is how because I don't have tax back number. There you go. So, we we're looking at screens down here. I don't have to turn around. Yes, I see it.

So, the the lot on the left uh whatever number that is you're representing this is although it's been platted for subdivision, you're representing to buy all your applicant is buying all three lots. We are purchasing two lots. Which two? Middle and right. The So the No, sorry. The one on the left, my left. So the one with the tree on it? No. The one that has the big tree? No. So this is confusing. So that back lot right there. Yeah. We are under contract to purchase that lot. The tree is not on that lot. Then the other I understand the tree is not on but it affects that lot. It affects the access to that lot. Right. Okay. The other two lots are currently one

and we are under contract to purchase that one and the tree directly affects the access to that property as well. So for the history lesson here from my understanding because I have not seen this lot these lots it is is it two lots right now or is it one? It is two. It's two but you're trying to purchase all of it which has the legal right to be three. That's correct. Okay. So, um, the access issue, the the the issue that I can't get over, and I'm one vote, I'm not nine,

is these are there are extraordinary and exceptional conditions pertaining to this particular piece of property. I agree with that. But because your use of the property is what's causing the issue here in my opinion, I think because you're determining it, you're breaking it into three lots, even though it's got the right to be three lots. Um, and the trees not on your lot. Um, you could access this land in one. You didn't have to have it as three lots. You could you could drive a tractor on the right side of the lot and have a driveway right down there. I don't know the access points where you would come in off of Richardson Road, but because of the use of your property of the way you're trying to do it is why you need the variance. And in my mind, that's you're creating that own your own problem there. So,

I respectfully disagree. Okay. So, both of those lots, the tree is in the way of access of both of those two lots as they stand right now. Neither one of them could build a house on their property. Okay. How do they not have access to the front to these two lots right here? If they were to stay one lot, correct? How can how is the tree affecting access to this lot? The tree that you see at the bottom, see where the that is back there where the red light is. Okay?

So, that tree is blocking access to those back two lots. It took me Okay. Quite a while to understand that graph. Yes. That's all for now, Mr. Chair. Thank you. All right. So, here's what I'm going to do. I'm going allow one more question and then we're going to do something a little different. But go ahead, Mr. Brown. I I guess it's just trying to get some understanding on the county requested for y'all to make this application on their behalf. Is that what you're That is the way that's what your understanding is. I'm not.

So, and I heard the the correction there. So, is what I'll say is this is the direction that they told us to go. Okay. So y'all didn't even know this was an issue until it was brought up during the site plan review process. Yes. Um so we knew that the tree was going to be an issue but we didn't understand the lack of ability for variances etc etc. So until we got deeper into the process did we understand that the current two properties there do not have access. That's the key point. Yeah. Excuse me. You couldn't build anything on these two lots. Build anything on either one of those lots right now.

If the owner stayed the same, they do not have their private property rights as it stands right now. Thank you. Okay, board members. Oh, one at at this time, I'm going to make a request that we go into executive session for about 10 to 15 minutes. And I need a second in order to do so. Second. Oh, okay. I got three. All right. All in favor? I I. Very good. So, ladies and gentlemen, [clears throat] uh we will excuse ourselves for about 10 to 15 minutes and after that time we will resume our proceedings. Thank you.

Members, we're going to go to [clears throat] cigarette.

Okay. So, this will conclude our executive session that we had in the back. If would the applicant please come back to the podium? Do we need a motion to come out of the executive session? Don't let No, we should have done it back there anyway.

Thank you. Just for the record, if you would please state your name and address for the record since we're starting back in after our executive session. Yes, of course. My name is Katie Austin Heatherly. I'm at 1606 TL Marsh Road, Charleston, South Carolina 29412. Okay. So, at this time, we um have some Well, our attorney has some information that he would like to tell you. Great. And I'm sorry. Could you please repeat your name, ma'am? Could you please repeat your name? Katie Austin Heatherly.

Uh good afternoon, Miss um Heatherly. Um, my name is attorney Kelvin Huji and I've been representing the board for some time now. Um, I reviewed the application and had discussion with the board and it is my position that there's a standing issue. Um, meaning the authority for you to bring this on behalf of the count the particular agency. Um, it is it is not clear that you have that authority. Um, one because where you're asking to remove the tree is not property that you're own that you own. It's actually public property and I apologize if you were given some direction that this is the best place for you to go and I do not believe that it is. So, um, at this time I'm advising the board not to vote up or down. And so if anyone was here to either express their um either show their support or opposition to this um I thank you for coming. Uh but the board will not be voting on this tonight. Um I will speak with my superiors and others in the legal department to get a position and if they differ with me, we will do our best to get you back in front of this board as quickly as possible. Um but at this point I do not believe that you have standing to bring this application.

Okay. All right. Is there anything that we can do to change? Um, I will get your information from staff and once I speak with the legal department, I will contact you directly. Very good. Okay. Any questions? Okay. Thank you for your time. Of course. Thank you. Case is closed to the public. Okay. Miss Working will present our next case. [clears throat] Case BZA 10

25- 00916. I was wondering if they could leave. Okay. The applicant, Roger Hunt of Stanley Martin Homes, represented by um Andrew Todd Burke of Kimley Horn, is requesting a variance to allow the removal of 15 grand trees located within the Von Ocean Road rideway for a proposed roadwide widening project, including the undergrounding of existing overhead power lines and the construction of curb and gutter. The grant trees are located within the Von Ocean Road rideway on TMS number. One tree is on a tax bump number which is 388000000160. The other trees are near um are in the rightway but near the following parcels. 388 078 081 082 083 086 093 112 117 162 180 and 580 and this is in North Charleston. Bon Ocean Road is a South Carolina Department of Transportation road rightway there.

Uh Again, ladies and gentlemen, uh my name is Attorney Kelvin Huji, and I am not going to let this application go forward because I believe it suffers from the same defect as the last one. The applicant does not own the property in which they're asking to remove the trees. So, it is my legal position that there's again a standing issue. And so if you have the uh I will get the applicant's name and information and after speaking with the legal department uh we will determine whether or not this applicant should come back before us as it is currently presented or if a different agency a different applicant needs to bring this forward. Does anyone have any questions?

Yes sir. Okay. Please come to the podium. Please state your name and address. I will only answer procedural questions. Yes, sir. No, I got you. My name is Joseph Patterson. I'm from 3301 Von Osen. Um, since this is our brand new house we just got in March, my question is, how do we find out where it goes from here? Right. I just don't want to wake up and the only two oak trees I got over my house be, you know, torn down in front of my house where my kids can't even drive out of it. So, how do we find out without having to get in the mail or seeing a post up or just blindly get told, oh, this is happening, right? Without having a voice. So right now what whatever the applicant was requesting they do not have authority to do

at this point they cannot move forward because they cannot move forward because the board has not approved it. After I get an opinion from my boss from the legal department if is if it is correct for them to come forward then they will get a time and you will get notice just like before of when they will come before this board. But to be clear for everybody here because almost all of us are from that road. We all just kind of met today. We will get notification. This isn't just slit under the rug. And Yes, sir. Just look the same sign that brought you here tonight. Yep. Look for those signs. Thank you. And you can also you can also you can also contact the department. Yeah. If you have any questions, you can email bza@ charleston county.org. Yes, ma'am. That gets done. Am I good?

Yes. Yeah. Thank you. Does anyone else have a Hold on. Does anyone else have a procedural question? I'll start with this gentleman here with the U checker. My name is Jess C. Crosby on property on Bon Ocean Road. Your address there? 3283 Bon Ocean Road. It's 113 the last three, which there was no sign on my property. Um, but you said within 300 foot. I've heard y'all say that. So, my property's within 300 foot of one of the signs. That's why I'm here. But my big issue through this whole thing is if they're widening the road, it's going to take property of my front.

So, sir, and then it's going to move the set back. That's not a procedural, sir. That's not a procedural question. That's an imminent domain question. And you should contact an attorney. You should contact an attorney if you're losing private property for the creation of this road. Okay. Okay. So, a procedural question is how we're going to proceed moving forward in your notification. Thank you, sir. You may have you may take your Well, I do have one on that. I was notified by mail or nothing. So, there's a there's a perimeter in which we have to notify, but just keep in touch with your your neighbors and feel free to call the call the county.

Yeah, we can add you to the north area of interest. There's a way to do that and engage. So, if you just want to email me bza@ charleston county.org, or I can help you do that. And so for anybody else that's outside of that parameter that wants to be involved or get information, you can also do the same thing. Okay. Correct. 15 trees. Yes. The 15 trees. Well, first of all, we Hold on. Hold on. You're finished. Correct.

All right. You may have a seat. Now, someone else had a procedural question over here. Show of hand. You had a procedure question. If you would, please come to the podium so we can hear you. Please state your name and address. I just have a question. Yes. I'm slightly confused. Um, so you're saying we're going to be renotified about these 15 trees on our property because I personally seem to be the one that's going to be infected with the encroachment of 20 encroachment of 26 in into my land. That's why I was confused. I don't technically live there, but I live there. My daughter stays there, but it is in my name is why I was confused. You own the property. I actually requested a comment like via text or something is why I was kind of confused. Oh, hold on. Hold on.

I will tell you what I'm Oh, I live at 3294 Bon Ocean Road and my name is Erica Baker. Okay, this and I have been on that property 23 years. My late husband's family has been there roughly 70. Okay, so same thing. I question the standing of the applicant as it relates to the trees in the in the the rightway. Right. That part of it is being suspended. Yes, sir. The board is not going to vote up or down on that part of the application. To the degree that you may lose property if there was an approval, then you should seek independent legal counsel about your rights. I have a lawyer, so thank you. I appreciate it. Thank you.

You're welcome. need to get attorneys. I I'm not advising that you all need to get attorneys. She had she had a specific question, but yes, you probably should speak with an attorney. All right. Do we have another procedural question about this particular case? Oh, okay. Procedural. Let me let me help this young procedural it might clear up a lot of other procedural questions. Okay. Sure. Please state your name.

Todd Burke, uh 1080 Morrison Drive, Charleston. Um, no one there there is no right-of-way encroachments. We can discuss all the other finer points, but I do just want to clear the air that there is no encroachment outside of the rightway into anybody's properties whatsoever. I just wanted to make that clear, right? But the rightway is owned by DT. All the work is being done. Sorry, I didn't mean to muddy this up. I just wanted to alleviate any concerns. um that all all of the proposed work is to be done with inside inside of the existing rightaway with the exception of two properties that u my client has under contract for entrances into a development. So

any any other there is nobody who doesn't know that they've already sold their property who will have any encroachments onto their property 100%. I just wanted Okay, but I'll I'll leave that between you and those individuals. Yes, sir. Check it, sir. All right. Please come to the podium, sir. Please, please come to the podium, sir, so we can hear you. Please give us your name and your address, please, sir. Steven Paul Robertson, 3298 Von Ocean Road, Somerville, South Carolina 29483.

Thank you, sir. This is the only thing I got. And it was on the outside of my mailbox under my letter. And only thing it says is they're roading. They're widening the road down at the end of the road by 78. And they're just going to make it wider. And they want to cut down my two grand oak trees in my front yard. And uh I don't see why they got to cut down my oak trees that's in my front yard. And uh and at the other end of Vine Ocean Road, they're going to put a roundabout. And I don't see how that could be happening, but they're doing it. And uh I I don't want them cutting down my grand oak trees in my front yard. And I want to know how I can stop them from cutting down my trees.

So that's not coming before the board tonight, sir. Um, it's it there the board is not going to hear their application tonight. Well, I don't want them cutting down my tree. Okay. I'll sit under I'll sit underneath them if somebody gets chainsaw in my front yard. Sit right underneath them so they can't. Very good, sir. We can't We can't Yes, ma'am. We can't advise you about that, sir. Please have a procedural question for us about this case. If you would please state your name and address.

Yes. Um Rebecca H Stratford 3370 Bonosen Road. I'm probably the only one who is for this project. And so um and I will tell you why the two No, you have a question. We're not ask for comments. Well, I'll tell you something. You forgot to mention um a um magnolia tree that's going to embark that has to be removed. We're not we're not hearing testimony currently, ma'am. We're not hearing testimony.

We're asking you you're to ask questions about the procedure and we're answering that if you don't have a question about the procedure. Well, my two my two trees are dangerous because they have power lines through them and they are right by the road when the hurricane and storms come. They block it and people are traveling day and night motorcycles and it is dangerous where I live. Thank you for that information. But you have forgotten the the magnolia tree and I want to bring that to your attention because we're not hearing testimony money later on. Thank you. So at this time if it's all good I think we've heard enough. Is everyone

any questions on that? Uh at this case at this time this case is closed to the public. Thank you. So our next case will be um done by Miss working.

No no no no no. Our next case is working. Our next case will be BZA 10-25-0909.

Okay. The applicant and property owner Willie Taylor of Dominion Energy South Carolina Inc. represented by Taylor Reeves of Stantech Consulting Inc. is requesting a special exception for major utility service use to allow for the expansion of existing electrical substation. Oh, there you go. The request pertains to the property identified as TMS number 578 00155. Do I need to pause it? What's wrong?

Yeah, I was getting ready to hit that I got one. Huh? [laughter] Really? What do you What do you think? Do I need to hit it?

Okay. No, I know. All the meetings I've been wanting to hit this button. All the meetings I led for. Yeah, but I got another one under here that I can't find out that there's not one here. No, they moved it up here. I think but I think we're good. Good. Go. Go ahead and continue.

The applicant is here. So, where was I? This request pertains to the property identified as 578000000155 which is located at 1145 Porch Porches Bluff Road 1162 and 1170 Sam Edwards Road in the east area of Charleston County. The subject property and surrounding properties are located within Mount Pleasant Overlay Residential Area Zoning District. The applicant also is requesting three variances associated with the existing and proposed expansion of the electrical substation. The subject property is currently under site plan review for the expansion. This is the location map and the aerial maps. the 300 foot radius map aerial. Um the regulations that require a special exception for the use. Uh we posted the property on November 12th, 2025. Subject property Sam Edwards Porches. Um these plans show existing conditions. This is the site plan and the plat regarding the six criteria. Staff states that it it meets one and four and it may meet 2, three, five, and six. Oops. The board may approve approve of conditions or deny the request 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 that this following condition. Prior to zoning permit approval, the applicant shall complete the site plan review process.

And we did receive two public comments in opposition to this request. Okay. Does staff have I mean any board member have a question of staff? Does any board member have a question of staff? Thank you, Miss Workin. Yes, ma'am. Come on. Please state your name and address for the record and please tell us why we should approve this application.

Good evening. My name is Taylor Reeves with Stantech Consulting. I'm the civil engineer for this project. Uh my address is 4969 Centerpoint Drive, North Charleston, South Carolina. Uh thank you everybody. Thank you staff for your time and consideration of this application. Um, as staff mentioned, this application and the next couple of items on the agenda are in regards to the Dominion's request to expand the current um, substation that is located off of primarily located off of Sam Edwards Road. Um, the special exception request is for the use of the site to be a substation expansion. Um, and then the other requests that we can get into, I don't know if you want to get into them all at once, just the use right now. Um, are so that the site can function as the existing um, substation functions. Um, it is Dominion's need to expand their substation to service the community and that is why we are here tonight to present this project.

Okay, hold on. Let's see if we have All right. Do we have any board members with questions? Okay, Mr. Neil. And I'm not sure because the all four of the your variance special exception and your variance request. I'm I'm peeling through those now. But what's the pro can you pull up the plat that has surrounding properties or the aerial was fine too? I'm trying to under the aerial would probably be better. the immediate adjacent properties are residential on uh

well, let me just give you my concern and then you could probably answer real. I'm from very familiar with this area. So, the I'm not sure exactly what subdivision is behind that or if it's um older homes or whatever, but what type of uh fencing or uh view corridors and sound because I know some of your properties, some of the equipment you have on your properties have sound issues where they're humming uh vehicles on there. Tell me how you would address since you're going to expand that area closer to the boundary lines I would imagine where the residents are living back there on the I don't know if that's the east and the south um resident corners of it. So just address those issues because that probably hits on all four of your requests.

Right. So, a part of our request is uh the buffer to reduce the buffer um and then also to allow a higher fence. Uh the zoning standards is 4 feet and we would request a taller fence. Um we would work with uh the community and with staff on the um type of fence. What Dominion typically uses is a chain link 8 and 1/2t tall fence and some screening could be added to that chain link fencing. But if an alternative fence is preferred by staff and um and the board, then we would consider that and um put that in place with the site plan. [snorts] The buffer reduction uh it's only for a portion of the site development and that was in order for the site to meet the uh Charleston County storm water require requirements. Um, I think it's important with the site plan to note that um, in where it's going to be that 15 foot, we also have a 20 foot maintenance shelf that goes around the storm water detention pond and then we have a rather large wet pond that would then be the substation expansion would be on the other side of that. So, the equipment that you mentioned that would be pretty internal to the site. It wouldn't be directly on the road. Um and some of the other items that the variance request applies for it's because the site requests a recombination plat which um takes away that property line in the middle and we had to request variance from the current site that current substation um to allow it to function as it is current day.

Have you had may I have a follow-up? Yes. No. Have you had any contact with the property owners on either the east or the south that might be affected by your expansion? I have not. No, sir. Okay. Thank you. Uh oh. Let's see. Any other questions on this side? Can I say something? [clears throat] Not yet. We We'll get to you. I promise you, Mr. Jordan. As as I heard one of my colleagues say earlier, and I totally agree. It makes a big difference when applicants reach out to the community. So why haven't they and will they?

We're willing or as Dominion's representative, we're willing to work with the community. This is our first step as far as um community uh requirements go. We've worked with staff a lot to make sure that the site plan meets uh the requirements. And to my understanding, we hadn't been notified of any current issues with the substation from the surrounding property owners. So, it was kind of uh under the impression that the use and expansion would be um accepted by the community because of that existing use.

Well, please don't direct don't take I'm directing this to you because I am not. But that's usually from what I've seen that's done before they get here. So I can't help but wonder there's a big outfit like that that you're representing just don't see the need. It makes a big difference to me of who who respond in the community. I can address sir you you can you can speak after she does. All right. Thank you. Nothing against you. Miss May, you didn't I was confused if this was if we were treating all of these as one case or if we're just discussing the Well, it is all one case alto together, but we're going to take it one by one. It should be going.

All right. I don't have any questions about this one. Okay. Thank you. Any other questions on my left? Yes, sir. What are Dominion's alternatives if they were not to expand the substation at this site? You can't answer that. I cannot, but a representative from Dominion is here and can speak to that. Okay. Okay. Can he approach? He can go next. He can. Okay. After after you finish, you you'll get a chance to speak, sir. Okay. Any other questions for this? Yes, sir. Mr. Bro,

this seems like a pretty large site. Um, what I don't know the first thing about it, an electrical substation, but why are we needing to encroach into what seems to be fairly minor setbacks and things at this point? Like why why can't things come a little more internal to this, like I said, pretty large site?

Um, I don't know if staff could pull back up the site plan. So, in working with staff before we got to this point tonight, we had configured the site. What you'll see is that gravel area, um, it really extends the current substation and a large portion of the equipment is staying right center with what the existing substation uses and that's where the primary equipment expansion will be. As far as the additional uh gravel that is being proposed, that's for maneuverability of the site uh just so that the trucks can access the site and get on. It's not for storage. It's not for um any type of equipment. It's just for the trucks to come in um be able to access the equipment um and then exit the site with uh safe maneuverability. Um, as far as any additional equipment, maybe technical, uh, I would have to lean on my colleague.

You're doing good. Don't worry. [laughter] You okay? Yeah, you're okay. I'm a civil engineer, not a uh electrical. Okay, that's all right. You're doing well. You're doing well. You're answering the questions, Mr. Brown. Any other questions? Okay, go ahead, sir. Leave the plat that she has up there. What is the part at the bottom right here? Is that curb cut being put in by staff or requirement or something or because that goes to that neighborhood or what does it go to?

That would be the proposed driveway curb cut that would access the site. So that would be a concrete apron that is uh approved by DOT and then after that um excuse me, it's asphalt. After that asphalt, it would be gravel. I'm just trying to understand what it accesses to. Uh is it a neighborhood or the road? Uh there's a road right away right there. It actually Yeah, mine keeps shutting down every time I touch this camera. Yeah, we can't see anything. It keeps popping. Keeps [clears throat] popping off every time we try to pull it. Yeah, our iPad version keeps So crashing. Where what road does that Can we

go to the next one? Change it to the next one. Sam Edwards Road. So, where's it tying into?

I mean, there's no road here. These are coming down here and it's going into a road. Yeah, that's a dead end road. That's where I live. Yeah, I'm trying to understand that access point there. So, I'm going to need Maybe the Dominion Energy guy can can you go to the next one? Can you go to the next slide? Well, not that one, but it keeps we keep losing it every time we get to the Yeah, just tell me how much money you want. It's this one. That That's a good slide. That one. I just if if we could somehow do an overlay of her plan on that. I'd like to know where her new road because it looks like it's going to access Sam Edwards Road. Maybe it will tie into Sam Edwards. Yes.

Okay. Okay. There you Well, then that brings another question back to impacting the neighborhood back there of if you're trying to access with large vehicles through a very small road in a community, that's going to be a big impact. My understanding is the primary access will utilize the existing substations driveway entrance and this would be a secondary driveway uh again to access those that rear equipment. Yeah. Yeah. So, how often would that be utilized even though it's secondary that be used daily or was it more or less a question for him? Question. Sorry. All right, I'm going to let her go.

Yeah, that um Yeah, thank you so very much for your testimony. Anyone else to speak? Anyone else to speak in favor? Yes, come on up. I I just had to say it. Please state your name and address for the record. My name is Larry Duffy. I live at 5371 Creek View Lane in Hollywood. Um, and I'll try and answer. And you represent Dominion Energy. I work I work for Dominion Energy as a I'm the manager of the transmission uh power delivery group for our southern region. Thank you. Turn off your power.

So the and I wrote down a couple of these questions. I I apologize if I didn't get them all. First question [clears throat] that dealt with sound. I think think you had asked the question of sound. The equipment that's proposed to be located in the addition is non soundproducing um equipment. It does not it it does not self-generate noise. Now the the on the northern part of that picture in the existing substation there are three transformers there that I think you said hum. So that's that's the um noise generating equipment that we have located in the substation. Other other question dealing with the access, how often? The only reason that we would end up accessing that particular part of the uh substation is that we are cut off from accessing that area from the Porsche Bluff um access on [clears throat] the upper part of that picture. our our primary equipment, transformers, circuit breakers, control house, everything is in that upper portion of the existing substation. So the only reason to access the lower portion would end up being for maintenance. That particular type of equipment that's going to be located there, we maintain it every 5 years. So every 5 years we would have we would have vehicles in there to perform preventive maintenance or under or under emergency situations. Uh there uh we we do monthly substation inspections, but I would I would venture to guess that the substation inspector would park in the existing substation, access the substation from Porsche Bluff Road and then walk to that section to perform his to perform his inspection. Um the other question dealing with the notifications, we've provided notifications. This this project is a is

a portion or a small part of a larger project that's taken place. We provided notifications to the town of Mount Pleasant. Our our procedure is typically to notify um the VIPs first for any any projects that are that are um being built in a particular municipality. Those notifications have been have been sent to the town. Property owners are scheduled to receive a letter starting Monday and we will send that letter to every neighboring property owner along the corridor of where this of where these facilities are being built. Who's the letters from? The letter to the town is no the ones that you're going to send out. Who's sending them out?

I don't know whether Stantech is doing that or if that's coming internal. But is it coming from Dominion? It will it will yes it will be coming from Dominion. Forgive me Mr. Chairman. No go ahead. But uh as what have I already said why wasn't that sent out before tonight so they could be here like you so other people if they wanted to? We didn't send the letters out because we were still waiting on um permits land disturb permits for the remaining for for the other parts of the project. So then you weren't ready to be here tonight then? I think I I think we're ready to be here. Where's the public? So, Mr. Jordan, let him finish his testimony, please. Well, I do have more to say about that.

Okay. So, let him finish. Thank you. Go ahead. Proceed. And in the the remaining parts of the project, the um the the scope of this project is we we we perform ongoing load studies on on our transmission system. And in 2019, we identified based on load growth, based on projected load growth that this particular area that this this substation is served by two transmission lines. One that comes from Cane Hoy um up Highway 41, kind of parallel in 41 through the Dunes West and Rivertown um developments. And then the and the other line comes from a substation near um near the old Wondo High School on Whipple Road. and and uh and is served that line goes to Isa Palms and kind of back doors into this substation. So we have two we have two transmission lines that serve this particular area. Our studies that were run in 2019 showed that based on projected load growth that um under a single contingency we can we can overload the line from our cane hoy to this particular substation. that line could overload for a single contingency. So it whenever we have a situation like that where we have a single contingency that can end up causing an issue, we start making plans in order to rectify that. And to rectify that, we're going to rebuild the existing line coming from Kane Hoy, increase its capacity. So it will it will be able to provide more power and in addition to that we're going to put a second line on that rightway on existing on existing rightway from the Cane Hoy substation to this sub to this substation which will be which will bring a third transmission source into the sub.

That's good. Okay. I I would like for you to go further but your time I got more. I got more I want to say. Okay. I'll get to you. So your your time has elapsed at this time. So just hold on. So I know that we have board members that has questions for you. So we're going to let them do that. And I think I have Mr. Jordan that really wants to ask you a few questions. Okay, Mr. Jordan. Again, this is me. This is not directed to you. Understand?

But I don't live there. You don't live there. The VIPs don't live there. What about the people that do live there? And again, I just can't help but just take this that Dominion and Dominion Engine could care less if they know take it or leave it. So why would they not notified ahead of time? I mean, that's a big outfit. They know they know how to do things. So to not even reach out, assuming to the people that live right near, brother, I I think that's an insult to them. So I I mean, I just don't get it.

So Mr. Jordan, and I I I I want to say this respectfully, and I don't want to dis disrespect anyone on this board, uh the the county has a mechanism to notify uh residents um within 300 yards of where an applica an applicant has proposed work. And as long as the county meets those requirements, that is actual notice, legal notice. And so the [clears throat]

the the the fact that the board likes when applicants reach out to the community. Um and I've said this before and I'll say it again. It is not a requirement. It there is such a thing called good being a good neighbor. Yeah. It's a good it is a good thing to be a good neighbor. And so I'm not disagreeing with the sentiment of what you're saying, but I do have to say that it is not the applicant's responsibility, be it this applicant or any other applicant, to give notice about what they're doing other than the notice that's required by the statute. Thank you. Yes, sir.

Mr. Smith, Miss Mr. Hui Hui. Mr. Jordan, did you have another question? No, sir. Miss Mill, I see a I can't zoom in on mine because it it keeps shutting down, but this rectangle near the road, that is a is that a pond? Correct. That is a that is a wet pond.

Okay. And so along the the uh the the frontage of the road that you're expanding into, you'll have you'll you'll have a 25 foot buffer, 15oot buffer at some points, and then you'll have a a pond as further buffer. Is that correct? And do you will you have landscaping or trees or anything to buffer the visibility from the road? One at a time. You you can call her back after he's finished. Okay. I can I'll call her back when you're done. Mr. Chair. Yes, sir. Go ahead, sir.

Thank you, Mr. Chair. Um All right. We appreciate your time tonight. Sorry we've we've gotten sidetracked from time to time here. Um you know, my under understanding of how this process will occur. First, we need this special exception to be approved so that um the use could be allowed and then the other variance items would would kick in. Um so along those lines, I'd asked this question earlier and I'm just curious about what Dominion's options are if you were not to expand that existing substation.

I'm not going to say that there aren't options because there's always options. Um the there is no room left in the existing substation. So any option other than we're try we're trying to build a line on an existing rightway. Um my guess is that if that line is not installed and in and terminating in this particular substation, we'd be building a brand new line on green rightway to a brand new green substation located in in another area. And this is a load center for us. All of our distribution facilities terminate at this station. So not only from the transmission perspective or the substation perspective, you you have to rebuild distribution infrastructure

somewhere somewhere else in a congested in a congested area. Um you know the the the thing that's the thing that's not ideal for electric service is that the facilities need to be located where the load centers are. you can't ship it, you know, you can only ship it a reasonable distance, you know. So, I mean, there's there's probably far-fetched there's probably far-fetched alternatives that just would not be practical. I just don't want to say, no, this is our only alternative because we could put a generator, you know, a generating plant in the in the in in the area to serve load,

right? But I think those aren't practical and come with other No, that that is very helpful for us to know what would you know what Dominion Energy would have to do to actually provide more power to this area in order to meet the the demand that's currently there. So, thank you. And this isn't our only load center in in Mount Pleasant. We have the one on Whipple Road. We have another load center with with um transmission lines that come in to the uh Cooper States area. So it's it's it's part of the network a network system. Mr. Brown, thank you.

Y So I like everyone else have a have have had a hard time seeing what I need to see on the iPad. So I'm going to ask you for some clarifications of maybe some an earlier question. Um, what what about this is, like I said, there seems to be a lot of land and a lot of room and we're past the special exception to put the substation expansion here. All the other requests, I'm just wondering, have y'all explored shrinking things down a little bit to limit the number of requests you're making? it's, you know, 15 ft or

I think the shrinkage that we had looked at concerning this particular substation had occurred with previous projects. So the the last two projects that we that that we built in this particular station over on the right hand side, we we uh we terminated a new transmission line coming from Isa Palms. We we we put that in a very small footprint. And then Berkeley Co-op um takes transmission service from us um out of this substation to feed a a station they have near near that near that seaweed restaurant. So we squeezed we squeeze that into the existing substation. The the issue is there's just no more room to do that. Um, I mean, ideally for us that that would that was the first option that we had looked at. It's it's certainly the easiest thing for us to do and the cheapest thing for us to do.

And so the dash line, that's a rectangle. And I'm sorry if I've missed what this is. That is that the retaining pond that correcting about and is that part of what's pushing this out towards the street because that's what it looks a little bit. Well, I think that's pushing like I think that's pushing it away from the street from the road that's on the bottom of the sheet. Right. Right. It's pushing it. Oh, okay. You're saying the pond is the pond is bringing everything down towards that road. Is there not Can you not move the pond to the left side? Again, I'm I can't see anything other than what I'm looking at on the screen right here. It's kind of far. That'll be a great question for for Taylor.

All right. [laughter] I'm just trying to help you out by are there ways to get rid of some of these requests and make some of the other ones maybe easier to get. So, thank you, Mr. Neil.

Thank you, Mr. Chair. Uh on the pond when you follow up and maybe a deeper pond or something like that could change the scale. My issue uh only issue and I I applaud SE uh Dominion Energy, excuse me, for for looking into the future. Obviously, the growth that is a huge growth factor out there. I live in Mount Pleasant. Um, so we see it especially with the traffic. My only concern is that uh gravel road uh because I think um is there a way to not have that access because you're asking or the application includes extra curb cuts off of Porsche Bluff Road which is a bigger road than whatever that road is below and there's no homes really on Porsche's Bluff Road in that area. That's Walmart and whatever that that center is up there and then you got the Lowe's l whatever that lumber yard is up there. Um, so I don't have a problem, my one vote, uh, with the extra curb cuts. I don't have a problem with the fencing, whatever gets worked out. I would like for you to probably incorporate your neighbors, whether it's the commercial neighbors or or whatever. Um, my only concern is really that access point of large vehicles. And I hate to say it, if you build it, um, you'll use it. You're not going to say, "Well, we're not going to use it. It's only an emergency use or whatever." You, you know, big truck comes back there and big trucks going down, I don't even know what that road is, is going to impact those homeowners down there. And those school kids and those are kids that probably are walking to school from somewhere, bike traffic or whatever. And SC uh Dominion Energy Truck is a big truck. So is if if there was a way to not incorporate that access point back there, that would I would be much more favor of the project than that. But that's that's my only point. So if there's any if you could address that concern, the the only issue is the piece of equipment that's located dead center in that in that um new section is

landlocked. It's a it's a it's a power circuit breaker. Weighs weighs I don't know probably 30,000 pounds. You can't [clears throat] get to it from the front side or the

cannot get to it through through the front side. So if you if you see where those those uh that vertical line goes back up almost right above your head um back into the existing substation. There is 5-inch tubular bus that runs vertical near that if you want to call it the property line between the the line of demarcation between the old sub and the new sub. There is 5-in tubular bus lowprofile bus. It's probably 15 ft tall that runs the that runs the length of that of of that. Um

is would that sorry to interrupt is that something you would have to access a lot? I mean, my point is maybe is this is an emergency access road instead of just a road that's going to be open at any time for people. I mean, we don't want kids rolling through there from the neighborhood and hey, let's go up this this gravel road and see what's going on. I just thinking of safety concerns. I'm sure Dominion Energy much more concerned about that than I am. But it's just you're opening up power lines to a residential neighborhood. The front side, you're opening it up to Porsche's Bluff Road. So, that that doesn't concern me. That's a commercial commercial traffic. It's the residential traffic that bothers me.

Understand? in in any in any of our substations, we'll we'll put and I think one of the reasons for the request was to get a variance on the fence is to go with a more high security fence um to block off and I I don't know what the length of that proposed um gravel road is, but you know, one of the one of the things that we've done in other areas is put g cattle gates at the beginning of the road to keep vehicle access for people going back for nefarious reasons back to a secluded uded area. Um we we've done that pretty much routine. Also keeps people from dumping on your property, right?

Um the other the other security issues that we have, we have existing security in the existing substation where we have remote we remotely monitor um the station for um for um u movement in in the substation. So uh are it so the the alarm system for that substation is piped directly into our our uh corporate security department and we would end up including we would end up including the new portion of that substation into that per perimeter alarm system and that's not done primarily for safety reasons. It does help with that, but you know, we've the the one one of the issues that we have in all of our substations with the rising price of copper is people breaking into steel and that and that is a safety concern for

my question was really based on can you live without that access point. You're telling me because of this layout and that m piece of machinery you have to have that. We could not live we could not live without that. But like I said at the beginning, if I if on a routine basis, if I was visiting the substation to do a monthly inspection, that'd be the last place I would park. Okay.

Now, during construction, I mean, the the the equipment that's going to be located there, it's it's concrete foundations, so um they're they're fairly large foundations. There will be vehicle traffic through there. uh during construction there'd be even the clearing and grading would end up requiring heavy equipment to access that that portion of the yard. That's the only access they have for any of those activities. I would say once construction is complete that I don't think that that will be a access that's routinely utilized except for the activities I mentioned earlier the five-year maintenance we end up doing and and any trouble calls we we may have with that

thank you Mr. chair. That got me. Okay. Any other questions on my left? We're good on my right. Thank you for your testimony. Thank you. Now, do we have anyone else to speak in support? You you get Are you speaking in support? Yes. What are you speaking in support? Are you in favor? Are you Are you in favor of this case? I came here because I got a notice in the mail about the fence being built on Sam Edwards. Okay. The dead end of Sam Ed. All this is a shock to me. Okay. And I need to say something.

Okay. I'll give you that opportunity. I'd like to call you back because we had a question over here. Please restate your name and address for the record. My name is Taylor Reeves. I'm with Stantech Consulting and my address is 4969 Centerpoint Drive, North Charleston, South Carolina. Okay. We had a question here on my left, Miss Smith.

Uh, yes. I had a question about the retention pond. Uh, and the question is along the frontage of the road that we're adding access to. Um what what are the um will there be any beautifification or uh landscaping or other things that that help the view from the neighborhood?

Yes. So another part again for on our other agenda items uh we're talking about the buffer and the fencing. Um but just to touch on that at this point um that 15oot buffer and the other buffers around the property will be landscaping landscaped to meet Charleston County requirements. In addition, an 8 and 1/2t privacy fence is requested as a part of the variance to be it's taller than what is allowed. I think what might um allow for a little bit of uh clarification maybe with this site and I know it's hard to see uh because of the grayscale and you're seeing the access. Um the reason why that driveway is

Can we pull it up? Ours doesn't work. So, can we have like a picture up? Thank you. I don't Can you zoom in to that? It might help. Thank you.

So, the reason why that driveway access is a little bit longer than what you would typically see for a curb cut is because you'll see that kind of a circular radius um and then a dash line. Um it's my understanding that future ride ofway is proposed in that area so that the road would be improved to include a culde-sac to terminate. And so our project, but that that roadway project isn't us. That's a separate project um that'll be done in the future. Our project ties into the existing road and when that culde-sac is installed, our curb cut apron would be pulled up and it would be kind of where that um that like hor the dashed hatching, it would tie into that portion. I don't know if that helps clarify why that driveway apron is so long. Um but it ties into the existing road now. So, to expand on the buffer, again, it's that 15t buffer. Um, but in addition, what you'll see is the maintenance shelf around the pond, and that's 20 ft. That's a Charleston County requirement. So, you kind of have 35 ft of buffering before you hit the wet pond.

Thank you. Is okay. Mr. Brown, is there a reason that just trying to help mitigate the the fence that's out there by the street as tall as it is. The further back the better. Could that that can't be moved adjacent to the pond at all or it you still have to maintain a clear access all the way around.

Correct. So, you have to have a clear access around the pond. That fence does jog back uh where that culde-sac would um be proposed in the future. Um, and I know a question earlier was about uh why the pond is located where it's at. Because of existing topography on site, the site's relatively flat. Um, but that's where the outfall is. And so we're working with very minimal grades as it is. And the intent was to maintain as much existing vegetation on uh the plan left as much as possible. It's where you can see kind of that empty space. Um, however, we have to have maneuverability for the trucks when when they do come and maintain the site. And so that's why that pond is located in the corner that it is based off of topography and uh for site functionality.

And is there a limit to how deep that pond could go to maybe expand, make the footprint smaller, still hold the same amount of water? So, uh, it's as small as it can to app, uh, to hear with Charleston County storm water requirements. Okay. Thank you. All right. Thank you, M. Any other Thank you, sir. Any other questions? Thank you. Thank you so very much for your testimony.

Do we have anyone else to speak in support? Do we have anyone to speak in opposition? Please state your name and address for the record and please tell us why we should deny this application. You want to pull that mic down? wanted to help. Thank you, sir. Okay, this will all be impromptu. I didn't expect to If you state your name and address for the record, please.

Okay. Name is James Kley and I'm at 1160 Sam Edwards Road. That's in Mount Pleasant and that's the street we're talking about. Uh the culterac that we're talking about uh is on Sam Edwards. I came here because it was my understanding they were going to raise the fence to eight feet um just to and and I it's going to be all this is impromptu right now but I didn't expect to hear them say that they will be expanding the unit there the transformers because if you got heavy wires coming in you're going to have heavy wires is going out. It's got to come someplace from that transmission site to go someplace else. And that's going to be probably right now what I see over my property. Just had a dealing with Mount Pleasant Waterworks where they put a sewage system on my line. And I've been looking at this transformer for years. knowing where it comes from. I think that there's a generation site on on the Copa River that comes over comes into Mount Pleasant to accommodate the tremendous growth in that area at the expense of people like me who have been there forever. That's what I'm seeing right now. Technically, I can't say anything, but if you can look at the map and bring in Sam Edwards Road, I'm at the end on the right side going in and the power company Dominion is on the left side right now. I stayed there for for many years because I like to be in the country. Still a lot of trees in

front of me. Uh, but I'm I'm sure if they're going to be expanding, the trees will go away and they'll turn into copper wires full of electrical energy. I assume we have no choice because of the growth in this area. But I'm responding and this is an impromptu response right now because I didn't expect this and I don't know what the options are. I don't know if I can fight it. 77 years old. I gave up a career going to Dallas, Texas to stay here, to stay away from growth. Mount Pleasant and Charleston and South Carolina, we're in the number one in the country right now. And I'm the number one of the number one in the country right now because as the power company increases its need to serve the customers, that's going to be those big heavy wires going overhead. If it comes from the power station, it's got to go someplace. Right now, there's a subdivision on the other side of me that used to be trees, but I don't think they'll bother that subdivision. I am a single house and there three other family members uh within 3 400 ft of where I live on Sam Edwards which means it's going to have a tremendous impact on our attitude and long-term health because if you got that wire going over your house or nearby 20,000 24,000 volts whatever whatever it is, it's going to have a long-term effect impact on your

my personal feeling health. Thank you, Mr. Kley, for your testimony. I appreciate that. And I know we have a few board members that may like to ask you a few questions. And I'll start here on my right. Yes, sir. Mr. Neil. Yes. Thank you for taking Thank you for taking time to come here. Um because you're one of the homeowners that I was concerned about with the access points and the and the large trucks. I'm not familiar with Sam Edwards Road. I know the area very well, but can you see this map up here? Is there a way you could tell us which number? It's not going to correspond with your house number, but which property? Cuz you were telling me about the culdeac. So, I was thinking you're at 657 or 658,

but it also ends Sam Edwards. Are you down here at 152 or 505? Look at 213. And that's it. That's uh 213 right here. That's where I am. So, that's where you are. Okay. And on the other side of that is a subdivision that used to be trees coming in from the other direction. Uh 155 I think that is 155. That's where the transform is at. So it dead ends right in front of your property, right? So is there a culde-sac back there or is it just dead ends at dead end? No. uh a few feet before the end of the road there's a culde-sac

and it used to be a gravel road but the waterworks just had that road paved so it's asphalt now so Sam Edwards road is a paved road yes and that's not Is that a county road? Uh county road is it's a public road. Yes. Yeah. Public road then. Okay. I got me. Thank you, Mr. Chair. Okay. Did anyone else on my right have a question? Anyone on my left? Mr. Kley, thank you so very much for your time. I'm not going to fight the the power company. I'm not big enough, but I stayed [snorts] in this county for a reason. Thank you. And it is gone. So, thank you. I'm going to let them do what they got to do, but they'll pay me for it.

Do we have anyone else to speak in opposition? So, Oh, okay. Yes. Please state your name and address for the record. Good evening. My name is Elina Crudj. 1177 Sharpstown Court uh Mont Pleasant. Your last name again? Crud. C R U D G E. Thank you, Mr. K.

Actually, I we we do live on another site in the new subdivision. It calls preserve and uh it was founded we bought a house in uh 2016. So, it's about 10 years old development. I do believe it was some kind of expansion of the electrical substation at least acquisition of the land since then. So definitely had plans and frankly I don't understand why I need to reduce the buffer by 15 ft uh just to to to have opportunity to uh to bring the truck for the service. It's probably bigger and definitely it's a fast growing areas. There's a lot of undeveloped land. Definitely is going to be developed. Will be need for more powerful and I I I I don't understand why everything needs to be pushed so much in every direction right now except Porsche's bluff road. Sorry, I didn't plan even plan to tell that. I just found out about it recently. But when I listening to explain I was listening to explanation I I had a lot of questions. Unfortunately, it's not a format where I can ask questions to u dominion uh energy and of course they are very grateful we have we have electricity that's wonderful just uh I I don't it's definitely a health hazard as our neighbor stated and all just electromagnetic and it's is huge this power station as big as it is is quite big and it's it's steps right to the road Porsche's bluff fraud. Yes, Dominion has a problem with a new uh development. Again, I don't know if it's ai finalized already or it's still in a process. It it it does look like we're going to have three incoming lines from

Route 17 at that point. And uh uh they're going to take a part part of our property to to to create a second line where right now one line against our property. We don't even know how logistically we can go in and out of our development. And in addition to that, we just find out that they h it is supposed to be built a a sidewalk finally. Allelujah. We're going to have a sidewalk just walking through 17. How much to ask? Right now, we kind of if we want to go to the town center or something, we just need to run like rabbits from one side to another, maybe a central line. And now with the Dominion Station, it doesn't seem they can even complete the sidewalk.

Let me see. Let me see if I can help you. Let me see if any board members to my Let me see if my board me any of my board members have a question for you. Maybe we can clear it up. Anyone on my left? Anyone on my right? Mr. Brown. Mr. Brown has a question for you. Thank you. So you you brought up the the lack of a sidewalk. Is that sidewalk on this Sam Edwards Road or on Porches Bluff?

Porches Bluff. Portidge Bluff Road. So it would be across those four sort of driveways that are coming in and out of there. Yeah, there is a big uh uh Billy Swales, a big new boulevard. It's going to be and Porsche's Bluff is going to be extended, widened, and it's a big wide sidewalk and actually two sidewalks on each side of Billy Wales and it's a school and many kids like to walk to the town center, you know, and sometimes parents wait for them and so on, but there's no sidewalk to connect Billy Wales pretty much to to the town center or to Route 17. it just abductly stops and uh okay

but but it's in the plan of the amount of this roof 41 development but all the sudden I I I don't think there is a room I was actually today I was driving I I drove to Sam okay okay so thank you and so they're going to reduce I so at this time I'm I'm going to have to stop you take some trees away take some trees thank you so very much for your testimony I appreciate that you may have a seat now thank you so very much. Thank you. Do we have anyone else? Well, there's no one else in the room. So, you had to write a rebuttal if you care to do you care to use that right.

You had to write a rebuttal. Do you want to use it? Yeah. And no. Okay. So, very good. So, this case is closed to the public. Board board members, um, do we have any questions or staff? You have a question or staff? Well, we're just we're only voting on the on on this the right the special exception. No. Okay. That that was your question. Okay. So, no question for sir [clears throat] staff. Any general discussion? Therefore, I need a I'd like to get a motion to approve or deny this this particular case. Yes, sir. Mr. Neil,

yeah, I'll go. Uh, in case BZA 102500909, uh, the request for special exception from major utility service. I'll make a motion to approve uh this case. I believe it meets all six of the criteria for special exceptions. uh criteria one is it consistent with the recommendations of the Charleston County comp plan. Yeah, it's just an expansion of the property that they already are using. Um and I see no problems whatsoever. Again, there was testimony tonight that if they don't get this, they're going to have to put another station somewhere and that's going to imp impact us greater areas than is already being used and this is a half commercial area, half residential area. So, I think it clearly meets uh criteria number one. Criteria number two is compatible with existing uses in the vicinity, will not adversely affect the general welfare of character of the media community. Uh we've heard a lot of testimony about the impact in the community. Um I I feel confident in the uh testimony by Dominion Energy that they're going to work through all these issues, but I believe it meets the criteria number two. Number three, adequate provisions made for items such as setbacks and bufferings. Um there's already in place um obviously with the expansion and the other items we're going to address tonight uh in cases we'll take up the other issues of curb cuts and vegetative buffers and fences. But for the special exception use um it's already there. They're just expanding. I have no issues whatsoever. Uh we heard testimony also about the uh noise and vibrations uh that the the items that they're expanding and putting in are will not affect the sound. um with the equipment they're putting in. Item number four, where applicable would developed in a way that will preserve and incorporate any important natural features. Uh they're adhering to the Charleston County um water, what's my term?

Retention retention ponds and they're addressing all those. So, uh this this land will be uh subject to all those regulations and it meets it. Criteria number five complies with all applicable rules and regulations, laws and standards of the ordinance. Um we have they still got to go through site plan review or being part of that process. So uh all of those issues will be addressed by staff, but again it's already an existing property. They're just expanding. Uh number six does not hinder endanger vehicular traffic and pedestrian movement on the adjacent road. Uh we heard numerous testimony about the new access point um is critical to the to making this um location uh work for the expansion that they're adding. Again, if they don't get this location, they're going to uh drop this in another area. And uh as we all know, that area of of Mount Pleasant is greatly growing. Um so I think the impact is minimal. Um, we have heard testimony about the roads and and wires and stuff, but I feel confident the applicant will work with the neighboring communities and addressing any of those other concerns. Um, staff recommendations. Um, yes. So, please include the one staff um recommendation for prior to zoning permit approval, the applicant shall complete the site plan review process. U, this is my motion.

Thank you. Do we have a second? Second. Okay. I heard Mr. Mr. Nelson. Any discussion? Yes. Yes. To Mr. Jordan. It ain't gonna make no difference. But I just want to make a po point if I could. You [clears throat] can always make the argument, well, you could put it somewhere else or you shouldn't put it somewhere else. But I just ask you to remember we had two residents that lived there. You heard what they said. And you heard the one gentleman say that he doubted that Dominion Engine would have put it in another neighborhood. I think I got that message, sir. So, I just want to point that out to you. Yeah, you can always say don't put in some other area because this is existing. But just look at these faces. That's it.

Good faces. No, ma'am. No. Any other discussion? Board members. All right. So, I need to bring it to Miss Smith, you want to say something? Okay. So, at this time, I'll bring it to a vote. All those in favor, please indicate by saying I and raising your right hand. I I all any opposed? Two. All right. So, it carries. Thank you. So, that application has been approved. Within 10 days, you'll be get you'll be getting information from staff letting you know the next steps in the process. Okay. So, that case was closed. All right.

Excuse me. How we can appeal it and it's incorrect. It's not a privacy fence. It's a chain fence. We that's so ma'am I'm going to need you to sit down. An opportunity to speak to that. We have another case coming up with that. Yeah it Yeah. So our next case will be case BZA 10-25 9 0 12 9 11 and 12. Thank you. Yeah. 0 Yeah. 910 911 9 and 12. Thank you. 910 11 and 12. We're doing all three. Yes. Yeah, we're going to do all three. Yeah.

The applicant and property owner, Willie Taylor of Dominion Energy, South Carolina, Inc., represented by Taylor Reeves of Stantech Consulting, Inc. has submitted three variance requests associated with existing and proposed expansion of an electrical substation. The subject property is identified as DMS number 578-000000155 located at 1145 Horsches Bluff Road 1162 and 11 1170 Sam Edwards Road in the east area of Charleston County. The property and surrounding parcels are located with the Mount Pleasant Overlay Residential Area Zoning District. The applicant is requesting the following variances. Number one, it is 00910 to allow more than one curb cut per 200 feet of frontage to permit the existing curb cuts to remain and to wave the requirement to install a sidewalk along the site frontage. This is the ordinance requirements for that variance variance 2 and uh 00911 to reduce the required 25 ft vegetative buffer by 10 ft resulting in a 15t buffer. And this is the um zoning ordinance requirements for that. And then the third case is 00912 to allow an 8.5 ft chain link fence within the required rightaway landscape buffer to secure both the existing and proposed substation facilities. Um we have the site plan, location map, aerials, similar things you already saw. Um and then this is a sign for each um case we posted on November 12th, 2025. Existing conditions, um tree removal and protection plan, erosion control. This

is the site plan, the fence and gate plan and the grading plan and the plat. Regarding the approval criteria, we stated that the request may meet one through four, six and seven, and it meets five. The board may approve, approve with conditions, or deny the request based on the board'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 condition. Pri one, prior to zoning permit approval, the applicant shall complete the site plan review process. Two, the applicant shall work with staff to provide opaque privacy fencing along all required buffer lines. The fencing shall be vis vis visually compatible with the surrounding residential area in terms of material and design subject to staff review and approval. And we did receive one public comment in opposition for this case or of these cases, sorry. I'm sorry, my thing is keep going out. I apologize. Um,

touch it, it won't go out. Thank you. Does any board member have a question of staff? So, we're just a reminder, we're doing three cases, okay? And we'll do a step by step. You can approve any one of them or deny any one of them separately, okay? As we go through them. Yes, sir. You got a question? Yes, I do. Um, are there sidewalks on Porter Bluff Road? Porche on Porche. Sorry. Porche Bluff Road. Um, on in front of other properties along that road. Sally,

I'm look I'm looking at the aerial and I'm not like sorry seeing any. You probably know more. Yeah, I do. Than I do [laughter] by part way down. Part way down. Part Yeah. Okay. And if they were to put a side sidewalk across the front of their property, it could connect to that or add pedestrian access along there. Is that correct? It's a very pretty long stretch that would be adding sidewalk, right? Okay. Thank you. Yeah. I I live right there. Do you in that area by Walmart on this side? You live at Walmart?

Yeah. Yeah. Walmart right across street. No. Super Walmart. Is it not? Go back down.

Just a curve cut. So I I stand correct that there isn't. It's across the street. I think it's across the street on the Walmart side. There there's sidewalks down at the entrance to this young lady's neighborhood, which is a couple of lots down, but there's none in front of the lumber center or in front of the existing going up towards 17. Right. The commercial piece, right? Correct. [snorts] So, no other questions of staff.

All right. So, you got two more minutes. Oh, you you did. Is is the exception related to the sidewalks? Is it for Porsche's Bluff or is it for that main road, the Sam Edwards? It would be it would be both. Since it's in the urban area, technically anything along the rightway is required to have include a sidewalk. So, it would be for both. So, if we didn't grant this, then Sam Edwards and Porsches Porschair's Bluff would have to have sidewalks. Okay. Thank you. Or you could do either or if you wanted to. kind of mix it up. Yeah. Decide one or the other or whatever. Yeah. Well, that follows up on a

Go ahead. Is there a sidewalk on Sam Sam Weber's? They just If they just paved that road, is there a sidewalk on Sam Edwards Road? Uh, I don't think there is. Okay. I'm I'm hearing no. We can find out. I'm basing my answers on Google Earth and I would say no. Okay. I'm good for now. Thank you. Yeah. Anybody else? Okay. So, you got Well, you got a little bit of time. Let's Let's um let's start with 12. So, I want to start back and then let's start on the fence first. Okay.

Okay. Taylor Reeves with Stantech Consulting Services, 4969 Center Point Drive, North Charleston, South Carolina. Um, in regards to item number 12, is that okay to Yeah. Uh, for the fence,

so we're proposing an 8 and 1/2 foot chain link fence to surround the site. It is um consistent with what the other substations in the area were utilizing. So, um, the applicant Dominion, we propose to use the same type of fence. However, um, we can we're willing to work with staff to on the materials of that and the opacity. um adding some screening to that chain link fence to make it more opaque. Um I also would like to note that that fencing would be on the interior site side. So it would be buffer and then fence um for the site. Say that again the last part.

So it would be if you're working from the right ofway into the site, it would be right ofway buffer and then chain link fence. the shrubbery will be. So you would have shrubbery on the other side of the chain link. You wouldn't necess you might see it some, but that shrubbery it's intended for it to buffer the fence um from the rideway. Do you want me to go ahead and address? Well, tell tell me about the the landscaping that you're going to put in front of it then. So, the proposed landscaping is in accordance with Charleston County's um buffer requirements and will be planted um to meet Charleston Countyy's requirements for screening. I get you. Okay.

All right. Go ahead. Questions on 12. So, what kind of what is the requirement just to help me? Is it going to be 8t tall? The whatever is being planted in the buffer, the plant material. Yes. Uh, I can't speak specifically to the plant material that's being provided, but it um it meets Charleston County's requirements. I think there's a certain inch caliber that um of the material that has to be planted back into the buffer to meet the regulations to include the species of the lower plants that go in there, too.

You got trees and you got shrubbery that that will go in there. So, it includes trees. Yes. Okay. So, the existing vegetation will remain and then additional plant material will be placed in the buffer to meet Charleston County requirements and and how can you remind me is it just a 25- ft buffer is what we're talking about there. So, the requirement uh on that portion is a 25 foot buffer, but the request is to reduce it to a 15t buffer for a portion of the site. That's on number 10. number 11. Okay. Defense. Well, we we're doing the fence 12, but I already

um go ahead.

Can Miss Working, can you pull up the uh map that is has the uh lots. I guess it's the county map with um the one that gentleman showed me where he lived. We picked up the house. Okay. There. Yeah. Right there. Um can you blow that up a little bit? So, we've heard testimony from an owner, a resident that lives in Porsche's Preserve. Uh, I don't really know which one, but um I'm concerned about the difference in your buffers and uh landscaping on that may affect 657 and 658 versus the buffer that comes out on Sam Edwards Road. So, I don't have a problem as much with whatever fencing that you're doing in this area because there's no impact to a neighbor. These I would be concerned about it, but these right here 657 and 658 that are part of another neighborhood. Now, the commercial is impacting residential and I don't know what type of scope that there is, but I'd hate to see just one thing all the way across and that's what it is. So I if if Dominion Energy could impact that area so that it doesn't has the least amount of impact on the residential neighbors that are literally bordering bordering this property. Um could you address that for me?

Yes sir. That corner of the property will retain a 25- ft buffer which meets the county's requirements. It's after the jog in the property um that you're kind of seeing at that 213 on that map. That's where it would get reduced. So the reduction is it's the right of it's along that rideway on Sam Edwards that we're asking for the reduction.

Right. So is there anything enhanced on 657 and 658 that can protect Porsche's preserves and those lots that are those residential homeowners that are backing up to this expanded because right now they've got forest in their back backyard and they're not going to have forest in their backyard. They're going to have a retention pond in their backyard and they're going to hear trucks con doing construction back there. I'm just concerned about landscaping and buffers just on that that one piece if that makes sense.

So, the existing mature vegetation in that area will remain and then additional plant materials that are in accordance with Charleston County's requirements will be placed in those buffers in that area. Could we pull up the site plan that she pulls up because I didn't see that. I guess I started on the wrong one. I don't think that the site plan shows the landscape plan. I don't think it was included with this submitt. I'm trying to do something easy first. So, Mr. Chair, which

Mr. Chair, which one of the variances would address or this might be for staff if we wanted to enhance the buffer? Yeah, right there. If we wanted to enhance either the buffer or landscaping in this area to protect these homes, these homeowners, how could could we address that as a staff comment to um but I mean they still got to go through site review. I'm just trying to protect those homeowners in that area. So that makes sense. 11 is what? Yeah. So number you on 11. We're talking about 12.

No, I I'm just I'm trying to that's my only concern is I'm trying to figure out where we are. If somebody makes a motion on this if we could include something on on because we're talking about all three together as a motion. Yes, sir. I would also if if you're asking me a question, I'd like to see you u do some help on Sam Edwards as well because they also have to see that through their their homes there. Not just to cover that little piece there for those residents in Sharpensson, but down Sam Edwards. Um, but that goes into um 11 and 10. Yeah. And I I need a followup. I I apologize.

You got a question? Yeah. The if I had a concern on the construction traffic uh that was in the previous one under the use because all these are buffers and stuff. I can't really bring up a construction issue under these three intervarians. Is that correct? Yeah, I think I missed it. Okay. Thank you, Mr. Chair. Yes, sir. Um, can you explain why there is a jog and why you don't just incur take the 25 buffer all the way across? You've got a the cut

so it follows the existing rideway line. Um, and that's why there's a jog in the property. And in order to meet the storm water requirements, that's why we needed to reduce the buffer in that area to allow for a storm water pond that met Charleston County's storm water requirements um while having that 25 foot uh maintenance shelf around the pond and also allowing for enough maneuverability to the um substation infrastructure.

Well, I I understand on the uh substation side of the the fence. But the reason for the smaller buffer at the jog is because of a rideway.

So because of to meet the pond requirements, we uh were limited to that kind of pinch point on the site. Again, with that existing topography, it's very flat. So, we had to dig out the pond in that corner because that's where the storm water outfalls currently um and to meet their requirements the and to meet the storm water um requirements set forth again with the maintenance shelf. That's how the pond works for the functionality of the site. And then that then backed us into we needed to um reduce the buffer to allow to meet their requirements. So a a a larger buffer there would somehow change the storm water requirements.

So a larger buffer there would require us to uh re-evaluate the pond and that would have to shape and then it would um the pond would have to I guess shift further internal to the site which goes away from the outfall. Uh and again with that limited topography on the site, it just wasn't um a great solution for the storm water pond. Okay. So it's related to the elevation of the lands in that area. Okay. Thank you. Could you not just make it deeper? It is as deep as Charleston County will allow allow right now. Okay. It's a wet pond.

Yeah. Oh, I thought it was going to be a dry pond. No, sir. Wet pond. Any questions on the left? Any more questions on the right? All right. So, that was 12. Let's talk about that was the fence, ladies and gentlemen. That was the fence that we were talking about. Question. Okay. So, you said that you would work you could work with the staff with regard to the fence. Yes.

Um, and chain link is not privacy fence. chain link's just a there's no privacy with the chain link fence, right? So, what does that mean? What what is do we put that in as a requirement that you what are you offering there? I'm not I'm not clear on that point.

So, the intent is to work with staff to come up with an accepted alternative. It's Dominion's preference to use the chain link. um it's what their sites currently use uh the existing substation and so that's why we're we're adding it to the request. Um if that is not approved by approved tonight then the U client and uh me our team will work with staff to come up with an alternative that meets Charleston County's opacity requirements for fencing. Okay. Thank you. Mr. Brown. Are we making motions each number or are we going to combine? We're going to make all at one, but you can deny or approve any. Okay, that's what we want.

Okay. I just want to make sure we're not Yeah. What I going was hoping to do was just talk about 12 defense first, but Okay. I'm going to let the lady go first, Mr. Jordan, then you go next. Okay. I'm sorry. Um, so I I saw there was a a for 912, wasn't there like a staff recommendation or something to make it an actual privacy fence? So, is it going to be a chain link fence or is it going to be a privacy fence?

The request at this time is an 8 and 1/2t chainlink fence that is consistent with the existing substation expansion. However, if it's deni if that fence material is denied, then the intent is to work with staff on an alternative that meets staff's requirements for opacity. Do you have an alternative that you would like to suggest, Miss Smith, or does the chain link work for you? I I can't pull up any of these, so I can't look at the verbiage on them, but I I think there was a staff there was a require what do you call those? Recommendation. a staff recommendation um attached to 912 that said that they

we we can't see it. Our screens if I'm like the rest of us, it keeps going out every time we

So yeah, so there there were these um staff recommendations that the applicant would work with staff. I I' I'd love to approve, but I don't I it would need to be privacy fencing, so I'm not quite sure what. So, what does privacy fencing mean to you? Worst case scenario, one of those chain length fence with those green things going through it so you can't see, but it would be Yeah. So, but I think that's a good recommendation. Okay, I recommend that. Yeah, you [laughter] can. That was on my mind anyway. Okay, Mr. Jordan. And on mine, too. So could do you intend to or could you put slats in your chain link? That is up to our preview, but you could do it.

Yes. Yes, Mr. Jordan. That's up to our preview if we make it a condition. Thank you. Okay. All right. Do we have any other discussion on the fence? Well, we let her talk about fence. Let's talk about the sidewalk next on 11, please. So, you were talking about sidewalks on both sides, the Sam Edwards and um Porsche's Bluff.

Sure. I'll start with Sam Edwards first. Uh sidewalk was discussed with staff. However, the adjacent parcels do not provide sidewalk on Sam Edwards. So the intent the intent to put a sidewalk to nowhere kind of and we also with it being a deadend culde-sac road we don't want to encourage pedestrian traffic into that area just for security and for safety uh concerns. So our uh request is to not allow for sidewalk uh in that area with because of the adjacent uses. Um similarly on uh Porsche's is it I'm sorry Porsche Bluff Road uh the adjacent parcels do not provide sidewalk access. Um and there's also a ditch I believe that runs along that ride ofway. So to add sidewalk in that area again it would encourage pedestrians to walk um in an area that we don't really want to encourage pedestrian traffic with it being a uh a substation facility. Um and because the adjacent parcels do not provide sidewalk at this time, we didn't um think that it provided u benefit for the community and the surrounding areas. Um

yeah, I think that's all I have. Any questions about the sidewalk? Yes, ma'am. Miss Smith. So, um I would really like to see sidewalks. I don't have an issue with the curb cuts, but the the lack of sidewalk. Um you can see in um the Google Street View, they call them desire paths where there's there's um it's turned to dirt from where so many people have been walking along there. Um and I think a sidewalk would be a great addition um and um would be an asset to the community.

So since I'm a resident of that area, if I'll get to you. I know you're coming. Um there just like Miss Smith said, there is a lot of um pedestrian uh walking that's going on on both roads. Um so, you know, you think about large trucks utilizing those entrances. You would want those people to not have to walk in the road, which is a busy road. I'd rather have them on your sidewalk than out in the street. But that's just a comment, not a question. But we had a question on my right or no.

Oh, did we? No. I I It wasn't a question. I I just I really don't understand why. There's a sidewalk that you can see to the right. It does end some distance from this the Dominion property, but um clearly it's a busy road and a sidewalk for those people who are walking and it does look like a dirt track along there that it would be a benefit. That's my view. Okay, thank you. Okay, so let's talk about um

Good. Can I respond? So, um, just again on that sidewalk in that area, that sidewalk, uh, if required by, uh, the board and staff, that is a DOT, that would be a DOT sidewalk and then that ditch would have to be rerouted. Um, I again for the sidewalk not to connect on either side. I would encourage to think about that connectivity and what we're encouraging as far as pedestrian traffic. Um and then also that creates additional drainage um concerns for the area that would have that ditch would have to be rerouted. Um it's a functioning ditch as is. It's working and then to add sidewalk and additional impervious in that area. Um could cause drainage concerns.

I'd like for you to tell the people on Longpoint Road that same situation that's near that. So yeah, they had that same problem. All right, let's go ahead. Thank you for the comments. So let's uh talk about 10 your buffer. Okay. So was I wrong? So I think curb cuts. I'm sorry I said

I think to add to item number 10. So it's the curb cuts and um the sidewalk. Those two are are together for item number 10. Um the reason why uh this item is brought uh before you tonight is because of the recombination of the site. Uh the parcel currently is it's two properties and it's the it's being it's already recorded as being recombined. So that then opened the existing substation to be under review. um the existing substation. The curb cuts were approved at the time of the existing substation's uh development and the intent is to keep the existing substation, the functionality of that site. As earlier discussed, the primary that's the primary access for the substation. Um the Dominion Energy would like to maintain those driveway accesses so that it can function the site as is today. Um only because of that recombination is why that's brought to staff's attention tonight. Thank you. Any questions from board members? Any questions? Okay, this has been a long one. Thank you so very much for your testimony.

Do I need to talk about the buffers again? I think we had enough discussion about the buffers. Does anybody want to hear any more about the buffers? I I think we're good. Okay. Thank you. Thank you. Okay. So, looking at the room, I don't think we have anybody else to speak in favor. Do we? Okay. Do we have anyone to speak in opposition to these last three barances? The sidewalk, the fence, and the buffers. Do we have anyone to speak? Okay, there we go. So, we're going to Please state your name and address. Elena Crud, 1177 Sharpstone Court. Okay, so you have two minutes. Thank you. Two minutes.

Yes, ma'am. Uh about the fence, my understanding the fence will be on the property line with our property, right? It's not going to be 25 ft away from us. It's going to be right next to us. Is this correct? No. No. Did you understand? No. So the the the fence will be this way to closer to the power station or We can't hear you when you don't speak into the mic. Oh, I'm sorry. Is the fence fence will be closer to the power station? My understanding fence will be on our side as close to us as possible. Right. On their property. No. No ma'am. Please please address the

Please address the board. The fence will be on their property. Defense will not be on your property. It'll be on the buffer. Please address. My understand it's going to be on the buffer but close to us. Right. Is this correct? On their property. The the fence is going to be on their property. On the buffer. On the buffer. But right next to our property. Of course. On their property. Is this correct? You're talking about You're talking about 25 ft from your property line. The Okay. 45 ft away from our property line. 25 25 25 ft. It's where the fence will be, right? Okay. Thank you.

But there'll be landscape there also. because my understanding it was in a buffer and close right next to to our fence, backyard fence. It's not okay. So, you know what? I I think what might help if you had an opportunity to speak, you know, with one of the staff members so you can see that and ask your questions because this might be a little bit difficult at this time what we're doing and we'll be more than delighted to sit down with you. Okay. I'm sorry because that's okay. No need to I thought we will have today I didn't know the format. I thought we have opportunity to to clarify

to ask the questions to understand about the project

and uh but but it's pretty much a decision and after that what we're going to do and uh uh yes and there is lots of land look at bill did anybody come as a town engineer whoever who who came and had chance to look evaluate I don't even know what the point is because I came to the site today and I walked quite deep towards the the station I didn't any plant. I saw several trees marked for removal and they are within maybe 5 ft of the our buffer zone and I I don't understand instead of putting extra right now if if somebody comes and looks at what's going on you may see something different you know it's at least what I saw and uh there is a lot of land of Billis Wales it's a huge the huge turn when it goes toward um uh toward the ocean and it's a lot of plan to build a big substation and think about I don't understand what the substation needs to be.

So right now right now you have used up all your time. Yes. And what I'll try to do is get somebody to explain one of our staff members to explain a little bit more in detail to you. Okay. Because that goes beyond. So these members that are up here are elected by our county officials. So just this is not not very effective. Thank you. Thank you for your time. Did you want to say something, Mr. Kley? Okay.

Okay. Very good. So, seeing that there's no one else in here, this case is closed. Well, no. Do you you had to write a rebuttal? Okay. So, this case is closed to the public board members. So, we have three variances that we're looking at. Okay. And you can do it collectively, one at a time. You need one for each one. We need a vote for each one. Thank you. But however you want to present that and lay it down. Okay. Gosh, I just kind of volunteer.

Mr. Chair, [clears throat] I would like to make a motion in the matter of BCA 102500910. This is the application for the curb cut um for more than one curve cut for 250 ft of frontage and to wave the requirement to install the sidewalks. I would make a motion that we approve this request. In making this motion, I find that it meets all the approval criteria. That one, there are extraordinary and exceptional conditions pertaining to this particular piece of property. U in particular with the curb cut, something that's been present at this site for a number of years. It really makes sense to um that it would only apply to this particular piece of property and to none others in the vicinity. So, we meet that criterion. And similarly with the sidewalks, uh there are no connecting sidewalks to this right now. I would hope that the town and the county would work together to improve overall pedestrian access in the area um across the entire corridor, not just parcel by parcel. For criterion two, that these conditions do not generally apply to other properties in the vicinity. Again, this already being a substation and just a need to expand an existing substation. Uh there's really less impact utilizing this particular site and allowing these curb cuts to remain uh and and not requiring some additional sidewalk that would uh also affect drainage as we heard testimony about that too. We do meet that criterion. for criterion three. And because of these conditions, the application of this ordinance to this particular piece of property would effectively prohibit or unreasonably restrict utilization of the property. Again, in relation to um curb cuts and sidewalks, changing the way Dominion Energy currently interacts with um Porsche Bluff Road and require and limiting the number of curb cuts or adding sidewalks would actually affect

their operations around the piece of property that has been developed for quite some time. So we meet that criterion. For criterion four, the authorization this 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. Again, this is already uh operating as a substation. So therefore, we meet that criterion. For criterion five, the BCA shall not grant the variance, the effect of which would be to allow the establishment of a use not otherwise permitted. Um again, same thing here. We are already operating as a substation with the curb cuts um the way they are and without a a sidewalk there. So I believe we meet that criterion for six that the need for the variance is not the result of the applicants on action again for the curb cuts and for the sidewalk. This was a previously approved condition on the Porsche Bluff side and on the um I forgot the name of the road on the other side but

Sam Edwards Sam Edwards there currently is no sidewalk on that side of the property. So we do meet that criterion as as well and for criterion 7 the granting of the variance does not substantially conflict with the comprehensive plan or the purposes of the ordinance. we meet that criterion since we are basically expanding an existing use of this property. In making this motion, I would add the two special conditions recommended by staff. Do I have do I have a second? Okay. All right. No, never mind.

All right. So, we have a motion. Do we have any discussion? Yes, ma'am. Miss Smith, I have I I just have no problem with the curb cuts, but the lack of sidewalks is an issue for me. And why? I agree. I'd like to sign. Okay. All right. So, we're having some discussion. I I

I I did have that same thought that both of you had. Um, and going back to Miss Workin's predecessor, we we Mr. Evans would always say somebody has to start the sidewalk to nowhere. Am I right, Miss Workin?

Um, so either the town or the applicant started and it has to start somewhere. And I I do think about um the magnitude that it would have on the pedestrians that are moving especially down Porsche's Bluff. Um I I don't see too much traffic on uh Sam Edwards. It's a dead end street. It's it's a dead end street. Um but Porsche's Bluff is is a very heavily trafficked area. So that that's just my thoughts of it. All right. All right. May I Yes. Yes. Mr. Neil,

I am always in favor of adding sidewalks and starting sidewalks without a doubt. The concern though in the rebuttal or explanation from the applicant said that there was one issue was there's drainage there. They would have to move a drainage p drainage ditch and and uh you're already into Sam Edwards. That's on Sam Edwards.

No, that's on that's on uh Porsche's Bluff Road also. So, that's one of the concerns I have. That's why I I I don't I wouldn't be supporting adding the sidewalks on this. Um, but also, do you really want to stretch sidewalks in front of electrical plant? I mean, we're talking about security here. We don't we really don't want people walking in front of electrical stuff. I agree. Porsche Bluff Road is a is a terrible road and and higher higher and higher traffic, but this is commercial area and I don't think there's people walking in front of the electrical plants. I'd rather put them on the other side of the road. I if there was anything to be driven around, I'd put the sidewalks on the other side of the road. Not I would I don't I wouldn't feel good about requiring sidewalks on an electrical plant. I can I can agree with you on that. I can agree with you on that.

And and I will say um from my perspective, I' I've owned a piece of property before where we converted a residential lot to commercial use where we were not necessarily building a new building. We were just taking an existing house and turning into an office space. And one of the requirements from the county at that time was to add sidewalks in front of that house. And it would have been, this was 15 years ago, it would have been and still would be about the only lot along a two-mile stretch of highway that would have a sidewalk in front of it because the proposed road widening that was also supposed to occur never happened. And so while I I really do understand the need for sidewalks and for greater pedestrian access, my personal feeling is that that's something that takes on a much larger um role that the county that the local municipality really needs to take on to accomplish those goals.

I I agree with with both those comments. Yes, sir. Mr. Brown, does the fact that the drainage ditch would have to be changed and addressed and it's in the county right away, does that affect any ability of us to force a sidewalk right now. I know you'd have to ask one of these brilliant minds down here. Now, [laughter] it's getting lazy.

You should be listening to everything we say. Um would us requiring a sidewalk that then affects the drainage the current drainage ditch. [clears throat] Do we have the ability to force a sidewalk that affects something that's not on the property like on Porsche's Bluff? I mean, I guess that's kind of what you're you're here to relieve that if there is a hard hardship. [laughter] Yeah. So, I mean, if if you disapprove it though, we would be asking for them to

do whatever, you know, whatever they needed to adjust if they had to pipe the ditch or what, you know, move the ditch or talk would they'd have to get approval from DOT to do it. DOT doesn't necessarily like when people put it in the rightway, but um so yeah. Thanks. Any more discussion about I'm sorry. This is just for the board at this time. No, I'm sorry, ma'am. We're not going to listen right now. Any other questions, discussion? All right. So, we've heard that general discussion. So, at this time, I'll call for the vote. All those in favor, please indicate by saying I and raise your right hand.

I I. Any oppose? Okay. One. So that part carries and approved. Okay. For the sidewalks and the curb.

All right. Mr. Chair, in the matter of BCA 102500911, the request to reduce the required 25 ft vegetated buffer by 10 ft resulting in a 15t buffer, which if my understanding of the plans are correct, this is really only a uh along a segment of Sam Edwards Boulevard. Um that we do meet that criterion. And I would make a motion that we approve the request that one there extraordinary and exceptional conditions pertaining to this partic particular piece of property and granting this request. I'm compelled by the testimony that we've received that uh one because of the the flatness of the site the only location for the pond is in the area that's been proposed by their civil engineer and in in order to meet the outfall requirements that the pond has to be where it is. There's certain county requirements that are required for maintenance around the pond to maintain those areas. So that creates some site constraints that pushes the buffer down to 15 ft. Fortunately, it only occurs along an area of an existing road right away and not against someone's property. So I believe there are extraordinary and exceptional conditions that meet that criterion. That too, these conditions do not generally apply to other properties in the vicinity. Again, in making in meeting that criterion, this really more related to the fact that this is already an existing substation. It is an expansion of that particular use. And so, we meet that criterion that there are uh not really many other properties that already have a substation on them in this area. for criterion three that because of these conditions, the application of this ordinance to the application of this ordinance to this particular piece of property would effectively prohibit or unreasonably restrict utilization of the property. Again, with the necessity to meet the storm water requirements um and that

being the only location for placement of the pond, it is necessary to reduce the buffer along the road right away to 15 ft. So we meet that criterion. For four, the authorization of the 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 other variants in meeting this criterion, I'm compelled by the applicant's desire to increase the amount of vegetation that would exist within that 15t buffer between the existing road rightway and the fence that will be constructed. Uh so that really allows them to meet that particular criterion for reducing the buffer. Four five the BZA shall not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in the zoning district. Again here we're expanding an existing use. So we meet that criterion. For six, the need for the variance is not the result of the applicant's own actions. Uh in this particular instance, the applicant is really trying to adhere to all of the regulations that pertain to development of the property and those drive certain conditions that do require some variance request and some relief of the ordinance. And in this case, again, we're talking about the location of the storm water pond. And that's really what is pushing the need for reducing the buffer in that portion of the property along with access to the backside of the property for maintenance of the new um structure that will be installed. So we meet that criterion and for criterion 7 that granting of the variance does not substantially conflict with the comprehensive plan or the purposes of the ordinance. Again uh this infrastructure is needed in this area. So we meet that criterion in making this motion. I again include the two special conditions recommended by staff.

All right. Can I get a second? Second. Thank you, sir, with a second. Any discussion? Mr. Brown, did I hear that we were enhancing the buffer in the 15t section? I I think the testimony was that some of the existing vegetation would remain and that the remaining landscape plan would adhere to Charleston County's regulations. Your motion did not include enhancing that. No, at all. Yes. Leaving that to staff. Okay. Any other questions?

All right. So, we had a motion that's been properly moved. The second. All those in favor, please indicate by saying I and raising your right hand. I. That was unanimous. Correct. So, that carries. All right. Last one.

All right. Mr. Chair, my iPad is about to die, so I'm hoping to make it through this one. No, we'll we'll we'll get there. So, this is BZA 0 let's see BZA 102500912 and this is a request um for the fence that the chain link fence be 8 and 1/2 ft high. So in making I would make a motion that we approve this request that one they're extraordinary and exceptional conditions pertaining to this partic particular piece of property as we've gone through in the other request that again this is an expansion of an existing use that um that has certain site conditions that necessitate the need for storm water ponds for the ability to access equipment for access to the property itself. If there's an existing chain link fence on the Porsche Bluff side that is already a 8 foot or 8 and 1/2 ft chain link fence. Uh we will put in some requirements here to work with staff for opacity. So I do believe we meet that particular criterion for criterion two. These conditions do not generally apply to other properties in the vicinity. And as we have stated with this particular property, again, there being an existing substation on the property and in an attempt to try and expand something that is needed in the area to meet the current load demand that requires us to make certain variances or allow for certain variances that would uh that would allow this substation to be expanded. So, we meet that criterion. At three, because of these conditions, the application of this ordinance to this particular piece of property would effectively prohibit or unreasonably restrict use of the property. Again, with an existing substation that has a chain link fence similar to what is proposed, adding the ability to um you make it opaque, adding some slats or something like that to this fence would allow us to meet that

criterion to reduce the amount of visual um obstru or I guess the visual what lack of visual nicity. I don't even know how to say that at this point. Um there are some ways to mitigate the impacts to the visual um whatever to how it looks. Uh for criterion four that am I on four or five? I've even lost. [laughter] You're on five.

All right. For five, the BCA shall not grant a variance effective which would be to allow the establishment of a use not otherwise permitted in the zoning district. Again, we are expanding an existing use. So we meet that criterion. For criterion six, the need for the variance is not the result of the applicant's own actions. Again, the applicant is requesting uh the ability to expand their existing fence around the property. We have a condition that will add some opacity to it that will mitigate the um um that will mitigate and offset just the simple nature of a of a chain link fence. And for so we meet that criterion. M4 criterion 7 granting of the variance does not substantially conflict with the comprehensive plan or the purposes of the ordinance in meeting this criterion that this particular variance and some additional opacity to it will allow us to meet the purposes of the comprehensive plan. So in making this motion I would add the two con special conditions recommended by staff.

All right. Thank you. Bungle second. Do I have a second? Second. Second. Okay. I know you had your hand up, so I was thinking you were going to say second. I have a question for the author of the motion. Sure. Did I hear that you uh did include any slats for the chain link fence? What I included was the special condition recommended by staff that says the applicant shall work with staff to provide opaque privacy fencing along all required buffer lines. The fencing shall be visually compatible with the surrounding residential area in terms of material and design, subject to staff review and approval. So, I'm trusting our staff to follow through with with the condition that they wrote. Does that include the existing fence also? Yes.

Do you want it to say Porch's Porsche's Bluff Drive? I think it would look silly if half of it sl of it not. Yeah, Mr. Brown, that's what I would like some clarification. Is this the entire perimeter of the property that we're asking for this privacy opacity thing? Was that the And not just along the backside 8 ft around port. I would be good with the entirety of the property. Entire the whole thing. Okay. And I am too part of the motion. Yes.

You accept that? Okay. All right. So, we have a motion that's properly moved and a second. Any discussion? We were kind of into it anyway. Any Okay. All those in favor, please indicate by saying I raise your right hand. I I.

It is unanimous. Very good. Lord Jesus. Okay. So, all three of these applications have been approved with necessary changes. Within 10 days, you'll be getting information from staff letting you know the next steps in the process for all of you. Thank you so very much for your tolerance and congratulations. Um, miss working. What information do we have for our good news? Five cases. Woo! We get to go back to 5:00. Merry Christmas. Happy holidays. My gift to you. You have a question.

When is our board Christmas party at your house? [laughter] It was a good one last year you put on. I did not. Meetings adjourned. Thank you. Let's roll. [snorts] Hey, merry Christmas and happy new