Planning Commission - Regular Meeting

also known as the BZA. The board members that will hear your case tonight are as follows. My name is William Ray and I am the chairperson. To my right, we have Mr. Truslo, Mr. Brown, and Mr. Neil. To my left, we have Mr. Nelson and we should have the other board members, Miss Smith, two Miss Smiths, and Mr. Jordan should be arriving momentarily. We are a little earlier than normal, but everybody should be coming in momentarily. Staff members present tonight are Miss Clark, Mr. Hair, Miss Fche, did I pronounce it right? And Miss Workin. And to my immediate right, our attorney for the BCA is Mr. Kevin Huji. Because the meeting tonight, the hearing tonight is a public factf finding meeting, we are in compliance with the Freedom of Information Act and South Carolina code 6-29-70. 15 days prior to the hearing, an announcement was printed in the posting courier and a a sign was posted on or near the designated property and a notice was mailed to the applicant or the applicant's representative to the property owners within 300 ft of the property and to parties of interest. Persons, organizations, and news media that have also requested decoration of our meeting have also been notified. Board members, the meeting notes for September 8th, 2025 of the public hearing were sent to you. Are there any changes? If not, can I make a can I get a motion to approve and a second?

I'll make a motion to approve. And you second. Second. All those in favor, please indicate by saying I. Raise your right hand. I.

Good. It passes. Our case rulings from this and any BZA meeting are available to the public. Review and inspection during normal business hours at the Charleston County zoning and planning department. The board of zoning appeals is a quasi judicial body that has final decision-making authority on the f on the following appeals of a zoning related administrative decision. The BZA is authorized to hear and decide appeals on a zoning related matters where it is alleged that an error is in the order requirement decision or determination made by the administrative official in the administration or enforcement of any zoning related regulation. A twothird vote of the quorum is present is required to overturn the decision of the planning director in an appeal. We also have special exceptions. A special exception is issued by the BZA authorizing a particular use in a specified location within the zoning district upon demonstrating that such a use complies with all the conditions and standards specified in the zoning and development regulation ordinance, also known as Zeldar. The BCA must find that a special exception request meet all six of the approval criteria in the ordinance in order to grant a special exception. A simple majority is required to grant a special exception. And then finally we have a variance. A variance is a relaxation of the BZA regulation of the ordinance where such an action is not contrary to the public interest and where owing to the conditions particular to the property and not the results of the actions or situation of the applicant. A literal enforcement of this code will result in the unnecessary and

undue hardship. And such a variance is consistent with section 6-29-800 of the code of South Carolina and title 6 chapter 29. The BCA must find that the variance request meets 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 be heard in order to assist this board in gathering information and evidence that is pertinent to each case. If a member of the BCA finds a need for further information to clarify a 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 will neglect their jurisdiction over the property. In addition to your testimony, our board has been presented information submitted by the staff by the applicant or the applicant's representative for each case. This information is now considered to be evidence and is entered into the permanent record of this body. It is assumed to be complete, true and accurate. In addition, we have been presented data assembled by staff for the purpose of clarifying the location the application's effect on surrounding properties. Our board is empowered to approve, approve with conditions, or deny a special exception or a variance request. We are also authorized to defer a case should there be a need to obtain additional information. The BCA's final decision will be mailed within 10 working days of the public hearing. It will be mailed certified mail to applicants and US mailed to neighbors and community interest that is listed.

If a applicant's request tonight is approved, the applicant should contact the Charleston County zoning and planning department staff to discuss the next steps in the process. Variances 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 has been if if it has only been construction or development has been commenced or has been diligently pursued. However, if an applicant's request is disapproved and the applicant requests an appeal to be heard a decision for this board concerning the case, appeals must be addressed to the circuit court. South Carolina code 6-29-820 states that an appeal must be filed by the applicant within 30 days after the decision of this board has been mailed to them. Failure to file an appeal within this time limit deprivives this court of its jurisdiction to hear a matter. Because this is a quas judicial body, everything said in this meeting must be complete, true and accurate. All information provided to the BCA is considered evidence and this board may certify contempt of circuit court if a false statement is made either in writing or b verbally. Therefore, each person who wishes to address this body or this board will asked to be sworn in by the BCA secretary before providing evidence or testimony. In order to expedite this procedure, those wishing to speak to this board, we ask that you stand up as a group and Miss Workin will administer the oath. stand.

Thank you, Miss Workin. I will now call each case by case number. Staff will present pertinent facts to each case limited to five minutes. I will then call the applicant. The applicant will stand and state his or her name and current address for the record before presenting testimony pertinent to each case limited to five minutes. I would then ask for all those speaking in support or in opposition to each case. They will also 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 BCA will make a motion to close the case to the public. Finally, the BCA will make a motion concerning the application stating specific findings of facts and conclusion of law. Tonight, we will hear 10 new business cases and the first case will be administered by Mr. Hair. Mr. Hair, if you would please. Case BZA08 250088.

The applicant and property owner Zachary Winchester is requesting a special exception to establish a short terminal property extended home rental at 2173 Edestto Avenue, TMS number 343 060094 on James Island in Charleston County. The subject property and surrounding properties are located in the lowdensity residential R4 zoning district. The property contains a single family residence with three bedrooms that was constructed in 1964 per Charleston County records. The applicant would like to rent three bedrooms and a single family home and will provide five parking spaces pursuant to the Charleston County zoning and land development regulations ordinance zeldar parking requirements. The maximum number of guests allowed will be eight. The property is not owner occupied. Therefore, if the property is not eligible for a limited home rental and must be reviewed as an extended home rental in accordance with Zelda requirements. This is the zoning ordinance section pertaining to the STRs in the R4 residential zoning district. The 300T radius map, the aerial zoomed out aerial. We posted the property on September 17th of 2025. Here are pictures of the subject property, a single family residence, and its parking. Pictures of the single family residence as well. pictures of the adjacent property, Edisto Avenue, the site plan, tenant notice, and the plat. 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 the case approval. The applicant shall complete the STRP limited site plan review to the you shall comply with and property owner shall be responsible for ensuring that tenants comply with the Charleston County noise ordinance. Any questions? Any questions of staff? You know, my left All right. Yes, sir. Uh, thank you, Mr. Chair. U, I'm not familiar with this area. Is it a subdivision? Uh, is is it just uh all there's no HOA or anything like that or

No, sir. This is this in Riverland Terrace. Yeah. Right above Munich Golf Course. Yep. Okay. I know exactly where they have to fill out a restrictive covenants affidavit stating that there's no restrictive covenants. Okay. Thank you. Anyone else? Yes, sir. Mr. Cole, I had a couple of questions. Um, I'm somewhat concerned about the parking a provision for parking, and I'm also concerned about um having eight people in a three-bedroom house. How many Do you know how many square feet this house is? I didn't Can you go back to the to the drawing,

Mr. Hair? Pull that up for us, please. I don't think it's stated in the site for six people. I wouldn't I wouldn't be asking this question. Yeah. I mean, this is a whole I don't think it's stated in the site plan or tenant notice the square footage of the property, but there's nothing in the ordinance. 45. I understand. Yeah. With with the number of guests. I understand. I'm thinking about parking. I'm thinking about the impact on the neighborhood.

Um do you can you tell me anything to indicate how many what are the sizes of the bedrooms? I mean, are there going to be a maximum of two people that would be in each uh bedroom? You'd have the last two spill out into the living area or kitchen. What What What's Yeah, I'm not I'm not exactly sure how they plan to lay out the bedrooms for the property. That might be a question for the applicant, sir. And how about how about the parking? I notice on the street parking that they've done a I mean, really the house looks very nice and they've provided uh within the rightway parking, but that's available to anyone. Can you address how they're going to fit five cars into this into the into the driveway?

Yeah. Yeah. So, the I don't know if you can see maybe on this slide there is technically like a street parking right away. That will not does not count towards the amount of parking requirements needed for the short terminal. Um it's obvious it's two parking spaces per building and then they have three bedrooms. So, it's total of five parking spaces that are needed. you you're saying in the carport there's one and then there

so they so they put like right here you can see like two of them that or three that are like on the carport off the driveway and then the two in the yard. Um we gave the applicant three options. There is a fence in the front um to remove the fence maybe to help or revise the site plan. But um yeah, that's the parking that stayed on the safe plan.

I'm just I'm having some I'm sure the applicant can deal with this, but I'm having some trouble understanding how this is it's going to look like almost I mean a mini used car lot and the front yard the whole front yard will be covered with cars. So the front yard that'll be a good question for the Yeah. Pardon me. Let's see what the applicant says. Thanks.

Thank you, Mr. Hair. Any more questions? Thank you, Mr. Hair. I appreciate it. Before we start and before I call the applicant, I just want to remind the audience that we do have monitors in front of us. So, you won't catch us necessarily have to look behind us. Some of us do from time to time as a bad habit, but still yet, we do have monitors in front. So, at this time, is the applicant present? Very good. Would you please come to the podium? Please state your name and address for record and please tell us why we should approve your application. Sir, Zack Winchester. Uh, if you would speak into the to the mic, start over. Zack Winchester, 1012 Fort Sumpter Drive, Charleston 29412.

Thank you, sir. So, please tell us why we should approve your your application. You already have one good question here. So, you roll that into your responses, please.

Yeah. So, I think that was one question we went back and forth with Cole a couple times, just the parking. Um, everybody, you know, I lived there six years. We just moved out in January and pretty much everybody on the street parks on the street. Um that's why we kind of made the we just did the new fence in the front and made like the nice landscape and hardscape parking for the house and we know that you know with that we can easily fit the five cars because you can fit three in the driveway including the carport. It's pretty it's deeper than it looks and we assume they'd park on the street and then we got the issue with the rightway and so well you know technically as far as checking the box you know there is no HOA. A lot of people do just park all over their yards in Riverland Terrace if you're familiar with the neighborhood. So, you know, not including the rightway, there is room for five cars. In fact, you know, on the left side of the house, you can drive a car straight down the whole side of the house. You can stack them all back there. It's not normal or practical, and I would assume that most people are going to use the driveway and the street parking. Um, but you know, if you can park in the yard, technically according to the HOA, then you can fit a lot of cars around the house. Okay, let's see if anyone has Well, we have a question on the very end there. Sure.

Thank you. Um, yeah. So, I mean, I can only speak for myself, but I'm sure there's going to be other questions about the parking and the and the density. Um, so my hangup is I just don't think based on your submitted site plan that five cars fit there. So, that goes back to well, why do we need five cars? Well, it's three bedrooms and and you have to have two. So that's I understand the five, but it looks like you're jamming the five in there. At the same point in time, my math's not real good, and I'm not an architect, but it looks like it's about,00t house. And that's fine if you want to live in a 1100 foot house, but if you're turning an 11, 1100T house into an Airbnb or a hotel, um, you're causing problems on the neighborhood. So, I don't see how this plan works for my vote unless you can come up with some different scenarios or hey, I can live with even though there's three bedrooms in here, I can live with one of them being rented out or maybe two of them a limited. But, I mean, it's just you're trying to jam way too much in here. So, you can address however you want. That's just that's where I am.

I mean, it's it's we added on a few years ago. We renovated the house. Um, it's about just under 1300 square feet. I think it's 12270 is the final square footage. Um, and the bed, you know, it's it's going to sleep. I think we're going to have two kings and a queen. Then obviously, you know, we have children, so, you know, we're used to having we wanted to put age so people could have, you know, a pack and play or something like that with babies if they're traveling. But for the most part, it'll have, you know, beds for six people, which unless everybody's dropping their own their own.

Well, the I may follow up, Mr. Chair, the application is for eight. So, we have to figure out that it's eight, whether it's eight eight kids, eight adults, or whatever. So, eight is eight, and that just it just looks like it's too much. So, I'm not going to be able to support it unless there's another reason or some other change that you're able to live with, but that's where I am right now. Okay. And just to clarify, it's going to be based off of bedrooms either way. So, even if it was six occupants, it would still require five parking spaces. Correct. And that's why I said I just don't think I don't think five cars fit on that front. I agree. I understand that people might park on the street, but we have to go by the ordinance and and make sure there's space for it. And I just Sure. I can't live with that one currently. Okay. Thank you, Mr. Chair. Yes, sir. Um, anyone else? Mr. Brown,

I'm just going to add on to the whole parking question here and maybe you can provide some clarification because there was something about with the fence, but if I look at the pictures of the house and you got your nice new fence with all that landscaping in front of it that does not jive with the parking layout that you've got. I mean, you can't you just can't maneuver those cars in a space with a fence in front of it. So, is is there something I'm missing or that maybe wasn't clear on the drawings or the or the photos or whatever to clarify how five cars are going to fit behind a fence and Yeah, I mean, you can't drive over.

You can't. Correct. But there, you know, you could get the cars in there and they they would fit. And, you know, short of like you said, tearing down the brand new fence and landscaping, which we could and we can make the whole front yard gravel like a lot of people do and park in it. I just think for the aesthetic and I think the size house, you know, I think there's a lot. I mean, we've never I lived there six years and we all drive big vehicles. We had an extra vehicle and we've never had folks have a problem parking at our house. The photo of the front, the one that you kind of showed us at the end with the fencing. That's There you go. Yeah. So,

so here's the driveway, right? And I'm looking at it. And you've got two cars in the driveway that are all the way out to this point where we're kind of standing. We're standing behind two cars. And you've got two additional cars further away from much towards that side fence and one parallel.

Yeah, basically one in the carport, two side by side in the driveway, and then two more would very likely park on the street if I was staying there. Um, but if they, you know, somebody was in the street parking, they could technically park right in right right in the front yard. And Riverland Terrace can't tell you not to. So, you know, that's kind of how we saw that if we had to park in the yard, we could. We had to tear on the fence, we could, but we have very nice landscape parking on the street. And I lived on the street six years, and nobody parks in front of anybody's house without telling them. They're very strict about it. So we I know they're in the rightway, but between the driveway and the street, there's plenty of room for five vehicles. Or if they wanted to park in the front yard, they I guess

you would have you're telling me that then I guess you would have to play the puzzle game where you're having to pull two or three cars out, pull one in, and pull. That's why I parked on the street every night when I lived there, just not have to get out, move my car for my wife every morning. So it's just more convenient. Everybody parks on the street on that that street pretty much. Thank you. Sure, Mr. Neil. And

I forgot to ask um uh the other question which is about the um management of the building. So I'm I'm ask two two pieces. You keep going back to when you lived at the house. And I agree. I I don't think there would really be much of a issue if you lived at the house and and played Monopoly with all the all the cars moving around and stuff. But when it's a a hotel basically, which is Airbnb, and there's not going to be somebody living at the house. It's just going to be whoever is in the house is is going to have to be in charge, I think you're going to have more issues, and that's why it has to come in front of us. But go ahead and address how you're going to manage it since it's not going to be owner occupied.

Yep. So, we have we've already hired a professional property manager that manages about five or six other homes in the neighborhood, and they actually live two streets over. So, he said, "You know, I ride by your house on my golf cart every afternoon, so I'll make sure it's extremely wellkept. Are you advertising on Airbnb or VBO or not currently? No, we haven't. You will be. Yes. Thank you, Mr. Chair.

You Okay, Mr. Tusel, thank you for coming and I appreciate your application. You have a looks like you've done a very nice job with the house. You've got landscaped. You've got a a fence. I have the same I have same problems that my colleagues are having with with eight people in a in a small house. I wonder about a couple of things. One was the one was the parking. Um, one was another uh one was uh garbage. How often does the garbage picked up? Because eight people gener especially when it's a short-term rental generate a lot more garbage from my experience than uh if it's someone living there. Tell me how that's going to be addressed. How often the garbage is being picked up? How many are there only one re two receptacles, one for that goes to the MSW and one for otherwise

for recycling? Yeah. Yep. And you know, obviously they'll probably be used on the weekends a lot. The the the garbage is picked up. The normal garbage is picked up on Monday mornings, but we have a property manager, so you know, they're they're going to be paying cleaning fees. So, I don't know if they're going to remove all the property every or the garbage every after every stay or if they just use the bin and know that it's probably going to get picked up likely the day after everybody leaves on a Sunday. What? There's only one can. I mean, there's one there's one for the MSW municipal solid waste and then there's a second one. What does it only get picked up once every week, once every two weeks? Yeah, it gets every every week for both of them. Recycling's every other um garbage is every week.

All right, then. Uh um my my second question I want to you know have you help us or have us help you but have you and and this is not a negotiation but have you considered making a request for limited to to six and three parking spaces or pardon me you have to have five I think based on five let let's see if let me move just forward I I thank you for that let me see if I get a question down here on this end

go ahead Mr. Winchester, thank you for your time this evening. Um the uh can you explain maybe to our board a little bit better the parking situation that we can't take into consideration in terms of your site plan, but how much room you have in between your fence line and the edge of the pavement for Edesto Avenue for like the outside of the fence. Yeah, for outside of the fence.

It's a I drive a 1500 truck and I can fit it off the road completely. And so essentially what you're saying as part of this application, you have to be able to show five parking spaces on your property and you can't take in consideration off-site parking, but in reality, off-site parking is very easy to accomplish here. And we really don't need to worry too much about cars being parked in the grass and front of the house. Correct. Okay. I'm I'm comfortable with it. I I' I've been in Riverland Terrace a lot. Um, you know, it is unfortunate the number of Airbnbs that keep popping up in in the neighborhood. And I know there's neighbors that have con, you know, some concerns over that, but by and large, I don't think we hear from staff about any complaints of the Airbnbs that operate in the neighborhood. And I think the uh I think the plan is worthy of consideration. You know, five parking spaces regardless because it's a three-bedroom house. There's really nothing that we can do about that. And you know, while eight people would be tight in there, I I doubt it's something that would occur very often. And even five cars showing up with any one group is probably something that's not going to occur for a house that's rented whatund you're asking for 144 days out of the year. Correct.

Yeah, I I think it's reasonable. So, appreciate your time. Thank you very much. Anyone else, Miss Smith? No. Okay. Any more any more questions on my right? Okay. Well, never mind. Go ahead, Mr. Brown. No, it's going to be a staff question. It won't be okay. Won't be answer.

Thank you so very much for your um testimony. 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 of this application? Do we have anyone to speak in opposition of this application? Very good. That's close to the public. Board members, do we have any general discussion? Any questions? Excuse me. Any questions of staff first? Mr. Brown mentioned up here about the off- streetet parking. We can't count it, but yet it's available and part of the whole process. Can you explain anything about how that operates? So of people coming here to visit will be able to use that parking like can somebody let's just say if somebody next door has a couple extra people over would they take over the parking and then there not be enough room for everybody coming to this place I mean how how does that work?

Um well the parking the required excuse me the five spaces need to be on the property. Understood. Um, but yeah, they do have at least one spot um that's gravel that will accommodate an extra car. Um, but like you said, I think he mentioned that those are open to the whole neighborhood. Sounds like generally each um house kind of uses their own, but um it doesn't I think that the adjacent neighbor could still use it because it's public. Does that answer your question? I think so. Thanks, Mr. Neil. You have a question for staff comment for discussion. I don't have

Okay. Any more questions for staff? Okay, let's roll into the discussion then. Go ahead, Mr. Neil.

I mean, I I understand the vice chair's uh comments, Mr. Nelson's, on um you can take these into consideration, and I did I just think between the three bedrooms and the parking, it's a little too much. I mean, I would be fine if the motion came out with reduce it from three bedrooms to two bedrooms. That's why I was trying to ask the applicant to see if there was any any sway in his uh application if he could change or live with it or something. I do appreciate the fact it's only 144 days. He's hiring a professional property management. So, I'm fine with all of that, all the normal concerns that we have. I just think we're putting a little too much in this with them not being owner occupied and and squeezing eight potentially eight people there. If it was two bedrooms, that would be four cars, basically three clearly fit on the carport and you put one out on the street or somewhere else. And so many people come now and don't even use cars. It's air it's uh they're they're coming and and using Ubers and stuff. So, I don't really have a hangup. I just think it's too much alltogether. So depending on what the motion is, that's that's where I'm going to be. But if it was it was six, five, two bedrooms, I'd feel a lot better. That's just where I am. I

I'll I'll take a stab at it, too. I I follow you and I kind of agree with you as well. Um I don't like to see cars parked on grass, even though he could have concrete at all, but nevertheless, just like you stipulated, anybody can have a shot at that parking. you know, they can have parties every weekend. I've had neighbors who had parties every other weekend and they're parking in front of my house as long as they don't block my my driveway. And it's free game. There's nothing you can say to them or or do anything. And so that's going to really handicapped him for doing business. And so I agree with you. Um definitely not three bedrooms, but I can I can see two.

Mr. Chair, if I may follow, I want to give the applicant credit for the upkeep of the house. I mean, the house looks very nice. He spent money. So that's why I'm giving my my leeway on everything I can. I just think it's I just think it's personally a little too much. But I'm just one vote. So, well, you know, here's the other thing that I would like to say. Whoever makes a motion, I I think the way it might be going, he could have two. You know, you just put in a motion and see how the board flies with it. But then that's his consideration. I would uh if if the board goes in that direction, which we are really not supposed to canvas one another for what? I went

um the the better solution would be to limit the number of people that occupy the site which would automatically limit the number of cars that would actually park there. Exactly. And so I don't think you need to do that by limiting number of bedrooms. You still have the five car parking problem, but a better solution would be to limit it to six people instead of to instead of to eight.

Personally, I'm fine with the application. I I do a lot of Airbnb VBO rentals myself and you just got to be discerning as that type of renter about what type of situation you're getting into and whether or not it'll handle your particular application. And we also need to remember that in the case of new BRBOS's and Airbnbs that there the permit's only valid for a year. And if there are significant number of concerns from the neighbors about parties or parking issues or whatever, the county doesn't have to reissue that permit at the end of a year. Uh, and right now we're speculating about things that have not occurred. And that's where I actually have the biggest problem with where we we seem to be heading with this particular application. Miss Smith,

um, I I I guess I would just comment. It looks like there's a a large gravel gap to the right of the house that possibly could be parked in if if they needed to have overflow or to to fit full five cars. Okay. Anyone else? Any other general comment discussion? Okay. All right. Then with that being said, can I get Chair? I'd like to make a motion, please. Okay.

Mr. Chair, I would make a motion that we approve this application. That one I find it does that this is a BCA case 082500888. Uh that we approve the special exception for the short-term rental that one it is acceptable with the existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community. I think the uh fact that the applicant has hired a professional company to uh manage the home that lives nearby will actually alleviate a lot of concerns that the board has expressed thus far. So I believe we meet that criterion for criteria too that adequate provision is made for existing items such as setbacks buffering including fences, landscaping to protect adjacent properties from pass possible adverse influence of the proposed use. uh the parking is the main consideration here, but given that there is overflow parking available on the street, I believe that we meet that criterion and for criterion three that it complies with all applicable rules, regulations, laws, and standards of this ordinance. Um including but not limited to any use conditions, zoning district standards, and applicable STRP site site plan review requirements of this ordinance. Uh the the applicant has done a very good job of trying to put a plan together that would work for the neighborhood. So, I believe we meet that criterion. In making this request, I would propose that we include all four of the conditions recommended by staff.

That's my motion. All right. Do you have a second? Second. Okay. You have a motion has been prop moved and seconded. Any discussion? Oh, yes, sir. Welcome. I have a question for our attorney. Since I just walked in and didn't hear the case, should I abstain? No, me personally, I think you heard enough of the arguments, okay, to not abstain. Thank you. Did you have a question, Mr. Neil?

Would Mr. Nelson uh take an amendment to his motion to limit the occupancy to six since I saw the applicant nodding his head that he was fine with it? Yes, I would amend my motion to limit to six. And Miss Mill, second. Okay. So we have a motion that has been amended from 8 to 6. Any further discussion? All right. And I'll bring it to a vote. All those in favor, please indicate by saying I and raising your right hand. I I.

Okay. It is unanimous. So sir, your application has been approved with changes. Within 10 days, you'll be getting information from staff letting you know the next steps in the process. Thank you so very much for coming and congratulations and good night to you, sir.

All right. Our next case tonight is being done by Mr. Hair. It's case BZA082500889. The applicant and property owner, Iran is requesting a special exception to establish a short-term rental property extended home rental in the lowdensity residential R4 zoning district at 518 Fleming Road, TMS number 3403000092 on James Island in Charleston County. The subject property and surrounding properties to the west and the northwest are located in the lowdensity residential R4 zoning district while properties to the east are lo located within the jurisdiction of city of Charleston. According to Charleston County records, the property contains a single family residence with four bedrooms constructed in 2025. The applicant proposes to utilize the residence as an extended home rental by making all four bedrooms 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 10 guests. As the property is not owner occupied, it does not qualify for a limited home rental and must be reviewed as an extended home rental in the ordinance with Zelda requirements. This is the zoning ordinance section pertaining to the STRs in the R4 residential zoning district. The 300T radius map, the aerial zoomed out aerial. We posted the property on September 17th of 2025. Pictures of the subject property of single family residence and its parking. Pictures of the adjacent properties. Fleming road site plan. Tenant notice of the first floor. Tenant notice for the second floor and the plat. Regarding the three approval criteria, staff stated that it may meet criteria

one 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 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 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, this 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. Any questions?

Any questions of staff? Very good. Thank you, Mr. Hair. Is the applicant present? Very good. Please come forward. Please state your name and address for the record. And please tell us why we should approve your application. Please bring that mic closer to you, sir. I'm I live in uh 2245 Portideway, Charleston. And um where should I start? Do you have questions or do you want me to Well, tell us why we should approve your applications. Um, so the the zoning allows a short-term rental. Um, it does up to 144 days a year. Yes, sir.

Um, we are showing six parking spots on the property as required by regulation. And, um, I think pretty much, you know, that's all the requirements. if you have any questions or I will say regarding the parking spots listening the other case um I've been doing this for a living over five years I have about 30 properties um all over the coast um anyone from from Charleston to Little River houses from four to eight bedrooms we never had four five or six cars come for a four-bedroom house ever that never happens Um, I know this is the the way we need to show it and I know some people, the person that sent the letter complained about having six spots, but we had to show six spots. But I never had anybody come with six cars for a fourbedroom house and I've had over 5,000 bookings in the last five years.

So that's my point. How many bookings? Over 5,000 bookings around 30 properties. Okay. Okay. Just wanted to give you that aspect because there was this discussion about the parking. Okay. Any other points? Anything else you want to tell us?

Um, yeah. In the letter, uh, there's a there's a active Airbnb right down the road on 554 Fleming Road. Started in 2022. Um, never had any issues or complaints. good standing with the county and um that person that actually manages that property is going to help me manage the Charleston uh properties and um that's pretty much it. You have any questions? Okay. Yeah. Very good.

The house is big. You know, we're asking for 10 guests. One of the rooms is a frog, so it's a really big bedroom and it's got two kings and it's a really big room. But no, no guests in the living room. That's a big no no for us. Okay. And how many square feet do you have? 2100. Close to 21 heated. Okay. It's a third of an acre, I believe. It's pretty big property. Okay. And there's a on the letter the person complained that cars will backed up, you know, back up to the road. But it's not really true because there's a gravel pad that you just back up to and then get out.

Okay. Um, let's Well, we do have some questions for you already. So, Mr. Jordan has a question. We'll let him start. So, who does a neighbor call at 3:00 a.m. when they can't take the loud music anymore? There's not going to be loud music at 3:00 a.m. But if there is, if there is, you can call me or um everything goes through Airbnb. That's fine. But I mean, are they going to talk to a recorder or somebody going to answer? Yeah. No, no, I live in West Ashley. They they have our cell phone numbers. Once they do the booking, they get phone numbers. Okay. And I have a a local person leave on James Island also. And they they'll answer it. Oh, yeah. The recorder, of course. Always.

Thank you. Okay. Any other questions on my left? I will say we're very strict. Um, we only book for people over 25 years old. No parties, only families. We're not interested in parties. That's not good for us. Thank you. I I have a question then I'll go to the side. So, have you ever lived at this residence? No. Okay. So, you brand new brand new house. So, you just purchased it not too long ago. Correct. Is this was the initial intent to correct do that? Okay. So, that's your mode of operation basically while you have 30 doors in doing this. Correct.

Okay. Oh, very good. Let's see if anyone anyone else has a question on my right. No. Thank you so very much for your testimony. Thanks so much. Do we have anyone else to speak in favor of this application? Do we have anyone else to speak in favor of this application? Do we have anyone to speak in opposition? Do we have anyone to speak in opposition? Very good. This case is closed to the public board meeting. Board members, do you have questions of staff? Anyone have questions or staff? All right, I do have one quick one. Yes.

Um, do we have any monitoring of how many uh Airbnbs are going down Fleming Road or in that area? It seems to be a high higher number as of late going down there. I How do we track that or do we have I mean, he mentions there was one right around the corner or something like that. I mean, I I know that there's supposed to be some percentage or something. Do we have a number?

Yeah. Yeah, we have a software that looks at that active, unlicensed, and licensed properties, uh, short-term rentals, and we did find zero active within a 300 foot radius, but we found two that were active that were not licensed or or in violation that we're looking at. So, yeah. Okay. Is there I mean is there some percentage we're trying to stay within like a neighborhood or like a certain anything? There's no no guidance whatsoever. No. No. The county has not set any guidelines for that.

Okay. Thank you. Anyone else have question of staff? Okay. If not, then I need a motion to approve or deny this case. Anybody want to take a shot? Sure. Who said sure? Okay, Mr. Neil.

Uh, yes, sir. Mr. Chair, in case BZA082500889, I'll make a motion to approve the special exception criteria for short-term rental properties. I feel that it meets all criteria 1, two, and three. Criteria number one, is it compatible with existing uses in the vicinity? Will not adversely affect the general welfare or character of the immediate community. We've seen there's we've had testimony that there's one right down the street. Uh this is a very large house with a very large driveway. So there shouldn't be any issues whatsoever for parking and their site plan. Um criteria number two, adequate provision is made for setbacks, buffering, fences, protect to protect the adjacent properties as part of the application. Uh shows the pictures, but also that the fence goes all around the back side of the house. So this should be a standalone unit with adequate provisions. So it clearly meets this criteria and criteria number three complies with all applicable rules, regulations and standards of the ordinance. Uh not limited any site plan review requirements to this ordinance. So I feel that meets all three. Um please include in my motion staff comments uh as part of the recommendations and I move forward to move forward.

Okay. Do we have a second? Second. All right. Thank you, Mr. Nelson. All right. Any discussion? Very good. Although um I don't want to stand in the way of progress, but I remain concerned about safety and I would air in favor of safety over numbers in this case and I had it been left up to me, I would have limited it to eight and treating this applicant similar to the uh to the last one. I'm concerned again about safety on this very busy road with um with uh 10 people u and six cars with on-site parking that's going to take some adjustment. That's my comment.

Okay. Thank you. Thank you so very much, Mr. Chel. Anyone else? I'm also concerned about about the trash. You know, it's I live on the palms and I've seen 17 cars parked in front of people's houses. You see this on a regular basis. Too much trash uh for the community. The trash cans won't handle it. And it just is a problem. You live in a special area like me, don't we? We do. Quit bragging. We do. You got to keep our business to ourselves. Okay. Any other comments? Very good. All those in favor, please indicate by saying I. I.

Any oppose? Okay. It carries. Congratulations, 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, thank you and we will appreciate your tax revenue for Charleston County. But good night, sir. Our next case is case BZA 082500890 and it will be done by Mr. Hair. Thank you, Mr. Hair. The applicant and property owner Janie Lul and Tyler Lulse are requesting a special exception to establish a short-term rental property extended home rental at 1617 Wigan Lane, TMS number 331070086 on James Island in Charleston County. The subject property and surrounding properties are located in the lowdensity manufactured housing subdivision MHS zoning district. According to Charleston County Records, the property contains a single family residence with three bedrooms constructed in 2002. The applicant proposes to utilize the residence as an extended home rental by renting two of the bedrooms, providing four on-site parking spaces, two in the garage, and two in the driveway that is in compliance with the Charleston County Zoning and Land Development Regulations Ordinance, Zeldar, and accommodating a maximum of five guests. As the property is not owner occupied, it does not qualify for a limited home rental and it must be reviewed as an extended home rental in accordance with Zelda requirements. This is the zoning ordinance section pertaining to STRs in the MHS manufactured housing subdivision zoning district. The 300T radius map, the aerial zoomed out aerial.

We posted the property on September 17th of 2025. Here are pictures of the subject property, a single family residence and its parking. Pictures of the adjacent properties, Wigan Lane, site plan, tenant notice, and plat. Regarding the three approval criteria, staff stated that it may meet criteria one through three. Excuse me.

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. The use 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 or ordinance. Any questions? Yes, sir. Mr. Neil.

Yeah. I'm wondering what subdivision this is and if there are any uh current licensed uh short-term rentals in it because it looks like it's a really large subdivision out there way out there on Folly Road. Yeah. This neighborhood is called Riverfront. Um it's down um Folly Road right before you kind of get over the bridge to Folly Beach. Yeah. Yep. And there are um three active licensed short-term rentals in the neighborhood. Thank you for the information.

Any more questions? On my right, my left. Okay. Thank you, Mr. Hair. Is the applicant present? Yes, ma'am. Please come to the podium and please state your name and address for the record. You may want to need to pull that mic down because we want to hear every word you have to say.

Thank you. Good afternoon. My name is Janine Lacass. I go by Michelle. Um, my address is 317 onora Boulevard in Asheville, North Carolina. Um, my husband and I own the home and we use it part-time right now with the plan to move here full-time in the future. So, we're just asking for this special exception to be able to rent it in the meantime to help assist with paying the mortgage and the monthly uh expenses. Um we've become very friendly and involved in the community there and um have great relationships with our neighbors. Two of our neighbors wrote support letters which were included in our file. Um so that's our next door neighbor and the one that we share the back fence line with as well. And I also have one of my other neighbors who came in person to uh support me today.

Okay. Okay. Let's see if any of these board members have a question for you. I'll start on my left. Anyone? Mr. Jordan. Yes, sir. Same question I asked last time. Who's going to answer the phone at 3:00 a.m.? I will. All of our neighbors have our direct number, but it's going to take you a long time to drive from Asheville to take care of the problem. Um, we have a relationship with our cleaning company is also a property manager. Um, so he's licensed to assist in any emergency. In the middle of the night, they'll come. Oh, absolutely. Yes. Yes. Thank you. And we are, you know, we have many contacts here. Um, and of course our next door neighbors are going to call us if anything is going ary. Thank you.

So you lived here for some time, I take it. Um, we I am here at least twice a month currently. Yes. So, but you've lived here as a resident for Charleston County for an extended period of time is my question. No, sir. No, I have I have not. We live in Asheville. We purchased the home to move here full-time last year, but we've only been able to use it part-time. Okay. At the moment. Okay. You know, Charleston is much prettier than Asheville, right? Let me tell you. Much warmer, too. That's why we want to be here. I'm just prejudice. That's all. Any questions on my Come on down and enjoy a hurricane with us. Well, we did enjoy one in Asheville last year. So, we sent that one to you. Unfortunately,

Mr. Mr. Nelson, go ahead. I just have one comment and I appreciate you including letters of support in your application and for handling your neighbors before coming here. Thank you for doing that. appreciate that. Yes, sir. I'll echo Mr. Nelson's comments. I mean, this is a textbook application. I mean, in my opinion, I mean, you've got your neighbors on board who probably doesn't even need to speak and and uh and and you've talked to your neighbors, you have a relationship with your neighbors, you're planning everything out. It's a two-bedroom home. You've got the four parking spots, two in the garage, just textbook. So appreciate all the hard work on the front end so we don't have to have a million questions on whatifs. So thank you very for that. Thank you, Mr. Chair. Okay. Yes, sir.

No, I was prepared to make a motion. Okay. All right. Anybody else have a question for the applicant? Thank you so very much for your testimony. Thank you very much. Do we have anyone else to speak in favor of this application? Okay. Yes, you may speak. Yes, sir. Yes, ma'am. We You need to come to the Yes, ma'am. You will. Okay. Well, okay.

Please state your name and address for the record. Jennifer Paige, uh, 1604 Turns Nest Road. And I just wanted to comment on your question. I know Michelle would answer her phone at 3:00 in the morning and then she could call me and I would be there. Thank you. You're welcome. All right, let's see if anyone else have a question for you. Uh oh. Yeah, you stood up there at the firing line. So now you got to take anyone Okay. Am I right? Wow. No more shots. You

It's a lovely community and neighbors are very um very welcoming. Everybody knows everybody there. everybody knows what's going on with the houses in the neighborhood and um it's it's a perfect fit for what's happening in the neighborhood. So, you've lived there for quite some time, I would assume. Um I've owned there since 2016, 14. Okay. I don't know. I own a couple cars, but I don't drive them all. So, do you live there? That's my question. I do. Okay.

I do. Um, and the thing is is even with um, what are you allowing? Six people, five. I mean, there would never be, what I've noticed about the STRs in the area is even if there's, let's say, six allowed at a property, it's usually only two cars anyway. You know, um, I've never seen a short-term vacation rental. I shouldn't say I've never seen it, but it's really uncommon for everybody to show up in their own individual car. Okay. Well, thank you for your test. That's just a side note on the earlier conversation. Well, thank you so very much for your testimony. Yes, ma'am. Any more questions?

You did well. Thank you. Thank you. Do we have anyone else to speak in support? Anyone else to speak in support? 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 have any general discussion? Can I get a motion to approve or deny? Yes, sir.

Um, Mr. Chairman, may it please me to make a motion to approve uh this application in case BCA 082500890. Uh this is an application for a short-term extended home rental on James Island. There is proper uh notice and jurisdiction. Uh this application is governed by Zelder chapter 6 and in particular uh section 6.8.2C 1 through3. All the criteria have clearly been met uh met. That was an excellent uh presentation and excellent application and it's deserving of approval. Uh number one, the u this is compatible with existing uses in the vicinity. There's been no showing that any of the that the general welfare would be adversely affected. In fact, it appears to the contrary. Number two, adequate provision has been made clearly uh as has been established for setbacks, buffering, fencing uh so as to protect the uh u adjacent properties and the neighborhood. uh they have an application in which there's a provision if there was a need for some emergency service to have it done promptly. Number three, this complies with all applicable rules and regulations, laws and standards contained in the ordinance and in chapter six. Uh so I would make this motion um subject to uh an acceptance of staff's recommendations uh that are four in number and there's no need for me to repeat them.

Yes, sir. Thank you. That's my motion. Thank you. Do I have a second? Second. All right. Thank you, Mr. Brown. Any discussion? I raised a hand and he yelled at the same time. So you're trying to trick me up here. Okay. So is Mr. Brown. Thank you, Mr. Brown. I guess any other discussion. All those in favor indicate by saying I and raising your right hand. I

It is unanimous. So, congratulations. Your application has been approved. Within 10 days, you'll hear information from our staff letting you know the next steps in our process. So, thank you again for coming. Have safe trips back home and good night. Our next case is case BZA 082500891 and Miss Workin will be administering that application. Okay. The applicant and property owner, Austin Franklin of Coastline Builders LLC, requests a variance to reduce the required 30-foot rear setback by 25 ft, resulting in a 5-ft rear setback for the installation of a proposed swimming pool at 5014 Reese Road, which is TMS number 21500181 on John's Island in Charleston County. The subject property and surrounding properties are located within the agricultural residential AGR zoning district. The 0.75 acre subject property contains a 3,300 301 square foot single family residence which began construction in 2024. The home is consistent in size and character with others in the vicinity and complies with the requirements of the AGR zoning district. However, due to the reduced buildable depth of the lot caused by changes in setback regulations, the remaining rear yard is too shallow to accommodate a swimming pool without a variance. So, I'm showing here the two plat um one's from 2007 and others from 2023. Um the current plat um pri so the ordinance has changed to now it says prior to April 21st, 1999. Um you can and it's a narrow ingress easement. You can measure it from the critical or not crit center line sorry.

Um but that that's only for plots that were prior to 1999. So that doesn't apply any longer to this case. Um and this change reduced their buildable width by 15 ft. This is the uh zoning ordinance. um setbacks, the 300 foot radius map, the um aerials. Uh we posted the property on September 17th, 2025. This is the backyard where the pool will be located. The um location of the septic field zoo is in one this picture is uh to the side of the house. photograph provided by the applicant, site plan, a pool rendering, the um 2007 plot, and then the current plot. Regarding the approval criteria, we stated that it may meet three, four, six, and seven, and that it meets one, two, and five. The board may approve approval of conditions or deny this case based on the board's findings of fact unless an additional information is deemed necessary to make an informed decision. Um, we did not have any suggested conditions for for this case, but welcome them if you have one.

Okay, questions. Yes, ma'am. Let's see. Anybody over here on this side? I'm just teasing. Yes, sir. Go ahead. Um, thank you, Mr. Chair. A couple of ones. Um, so I I just need a little bit better understanding of the of the uh the old plat versus the new plat. I want to understand what they're losing. And it sounded like they were losing they were going to lose 15 feet, but but I think it was 10 ft. 15t. It's 15 feet. So explain explain that 15t. The 50 foot is measured from the center line of the easement in the 2007 plat. The 50 foot Mhm. It's you start the measurement from the center line.

Whereas for this plot, it's measured from the property line. From the property line. Yeah. So they're losing 15 ft because of that. Yes. So if if we granted it just based on that, the 25 would go down to 10, not down to five. So we're talking about the front. Um that's restricted. So that what we're saying is the the the um it's going to be a five foot set in the rear. One more time. It's we're talking I was talking about the front setback was pushing the house further back. So you see like this one they're showing showing the buildable area but then there's less of a buildable area. You just don't see the setbacks on this one because we don't recommend people put setbacks on plots since they do end up changing right

over time. Well, I'm really worried about the the rear setback. But yeah, it's they're 5T from the rear. It's f it's going the pool would be yeah it's going it's going from 25 to 5t correct so from the 35. Yeah. So that's what I'm concerned about. So okay um I'm trying to understand that. And then did I not see something about a drainage easement or um uh what's it called for? Uh waste field. Yeah. The septic's over here. SE septic tank stuff. Yeah. So we're we're building a pool on top of a drain field. No, it's over here. One more time. Can you show them where it is? to the right. Yeah. And then this is the proposed pool and there's a fence that goes along that property line,

right? And so that was kind of my other question, but I'm getting the applicant ready here is why the why the pad is so large for the pool, all that extra space. I mean, if we were to encroach into that 5ft area and leave 5T, why do we have to leave it for I don't know how long that area is from the pool deck, but it's a very long area when it looks like it's just for uh accommodating uh standing around and s sitting and having parties on there. I mean, that's something I pro So, I mean, normally it's just for the pool area and the and the pavers stop and then they go back into landscape, but we've got a real large pool deck unless I'm missing something. No,

no, I'm not. Okay. All right. Well, I'll save my questions for the applicant. Thank you, Mr. Chair. Yes, sir. Anyone else? Yes, sir. Go ahead. Maybe this will be for the uh applicant, but I've seen many mentions of a recent adjustment made. What's the timeline on that? the adjustment that would require us to u for the applicant to seek this variance. I'm sorry. I don't know there the need for this variance has been justified by saying that it's due to a recent adjustment. Right. I mean

what what was the timeline on the um so as of 2007 I think that was the date um you were allowed to um measure from the center line for narrow ingress eress easements which is what this is. Okay. But the date was changed in our ordinance after 2007. It wasn't recent, but after 2007. When when did it change in That's what I thought. Yeah. So, it was in 2007 or is more or less. Yeah. More or less. Okay. And and I think my next question would be more for the applicant, but when they started the house in 2000, was it 2024? Right. Um I'm asking, you know, why did why they didn't take that into consideration at that time? That's a good question.

Okay. That's a great question. Thank you. Yeah, I was thinking when I saw that I didn't realize it was a 2007 timeline. So, you're saying that it's been 15, 17, 18 years in that it's been established and they're just now building in 2024. Okay. This there's a couple of houses built in the neighborhood so far. Okay. I'm just sort of jumping in here with my question. Thanks for allowing that, Mr. Chair. But they're all Yeah, they're all really new homes. So this rear setback of 30 ft has did that change? No, that did not change. So So the setbacks didn't change. It's just how you measured the front setback is what changed.

But the but this house goes from front set back all the way to the back setback right now. What would have Are we saying that we would have been able to move the house further towards the street? 15. I believe that's what he's saying. Correct. 15. So there been an additional 15t. So yeah, that's what he's But we would still be with the within the 30ft setback even with the 15 ft additional on the front. Yes. Am I correct in understanding that? Thank you.

Okay. Go ahead. Morgan, can you can you confirm under um current AGR regulations, the minimum lot size is one acre, correct? Um 30,000 square feet. 30,000 square feet. Oh, okay. All right. Thank you. It's one um drawing unit per acre is the density. Ah, I got you. Thank you. Anyone else question? Thank you, Miss Workin. You're welcome. Is the applicant present? All righty. builders, please come forward. Please state your name and address for the record and please tell us why we should approve your application, sir.

All right. My name is Austin Franklin. I live at 515 Reese Lane, directly across from 514 Reese Land that we're here for uh today. So, going back to why it's kind of weird. Basically, my house is somebody else previously owned it, subdivided it, and I believe like 2003 era, and that was when it allowed my setbacks to be 50 foot from the property line, which was currently the center of the road. Then that grew 15 foot that way with still the 30 foot in the back allowed me to have to build roughly a 50 foot depth of a house. So to try and fit a a a nice house in 50 feet and then still have, you know, 15 to 20 foot, excuse me, for a pool make makes everything very very tight. And at the time when we were building these, I didn't necessarily think about pools until we started to sell and everybody wanted a pool. Contacted a pool company and they said, "No problem. I think it's just a 5-ft setback for residential." Then we started down the road and it was turned out you could not put a pool inside the setback of AGR. I was told you could do it in R4 in the residential zoning. So that's why I went ahead and requested as if it was a residential zoning even though I know it's not of the five foot. I could probably vary on that as long as I could fit a pool comfortably uh in the backyard. Um, I know there was a bunch of questions. Which which other one did I not address?

Are you a builder?

I am. That is my subdivision. Actually, Haven Estates is is my daughter and Reese Lane is my other daughter, Ari Reese. And um, yeah, like I said, I bought that I think in 2022 and started uh, a builder before me. I think had it in the early 2000s, cleared it, lost it in '08, and I was able to buy the 11 TMS numbers, and it just kind of he was able to put a road down the middle because I think back then it was a little more lenient. Whereas today, if it was AGR, none of those could really fit. It would be a whole different civil engineering plan. And that's why now I'm held to AGR. Whereas, if I reszone this and did it all today, it'd have to be a different layout. my lots are less than an acre and they already don't fit what would be required of a current AGR.

So my comment to you is that you you're no different, but you're licensed, right? Yes. So you coming into this knowing what you're dealing with upfront to some degree. So you bought all I've never done this before. I've always played by the rules, but yes. Yes. But if you bought 11 lots one time, so you had to have some due diligence in this. Correct. Sorry. Say it one more time. When you purchase 11 lots one time, you had to have some due diligence in purchasing these lots. Correct. Okay. All right. So, you had to be aware of the setbacks in that neighborhood cuz Well, sorry. I don't mean to cut you off, but No, no, it's

Yeah, I guess I wasn't aware of the pool being considered a uh structure or I'm not sure how it's worded in there, but I thought, you know, the house has to be within the setbacks and I'm not asking for anything to move a house or a vertical structure. I'm only But you're not going to live in the house either. I if it doesn't sell, I'll be moving there. But yeah, but yeah, if I moved there with my family of three, I would be asking again for mine and Okay. Yeah. Thank you. Do we have Yeah. Okay. Go ahead. Your question, sir.

Yeah, that's my question. I mean, the uh I mean the application stands, but the question is this is a speck house or this is not for a family that you already have it under contract or anything like that. So, I was looking through the application and it's for you for the builder. So, you're trying to enhance the house to make it more sellable and putting a pool in the backyard yard does that. So, normally when we have pool applications, it's for a family because they have to have uh they need to have the pool for their kids and stuff like that. And this is more on speculation. So, I just I want confirming this is not for your house. This is for the lot that you own as an investment, but you're going to be selling. You have all intentions of selling this house. Correct.

Correct. And I've had multiple people that are very interested, but then when I I found out about this variance, so I tell them and they kind of want to throw it back.

Understand? Well, let me just follow up on I have less questions now that I know it it's an investment property, but still, can you pull up the um site plan of the pool or the pool plan? Either one will really work. Yeah, that one that that one right there. So, my question is why do we have to if you're going to ask for excuse me, you are asking for a variance. If you're asking for a variance, and I'm really more concerned about the the rear lot area, you could basically have going to have 5 ft left before the end of the property. So, even if you landscaping and stuff like that, why does the deck have to go all the way down that far? I mean, this is a massive deck. It's actually a large pool. Is there no other way to put this pool, reposition it to the left side of the house or anything like that? I understand the the uh drain field is to the right side, so you can't do it over there. Why couldn't you put a smaller pool on the left's house almost coming outside of the back porch or whatever that is there? Um, why couldn't you do that? Cuz this looks like a really large I mean grant it's a 3,000t house. Very nice home, but why couldn't you do something on the left or smaller or just a smaller pool? I mean, this is a massive ask. I think

I could cut down. And the deck was just the 3D rendering from from the pool company. Really, I'm after more or less a 15 foot pool, maybe 20, 22, 25 foot deep, and then a five foot pad around it for So, you're really not sold on this this drawing that you've got right here, then? No, I I'm flexible as far as the deck, the patio. I'm really after just the pool. I don't need the And you can't reposition the pool and so it goes the other way perpendicular to the to the lot line or

closer to the house? just bring the pool closer to the house but still in the backyard or set it in the side. I basically I've toyed with everything and tried to come up with the best solution for this one. And with just kind of how it is on the setback, you could make like a a maybe 8 by 8 10 x 10 pool on the left corner and then you have a pool in your sideyard which me being you know in the neighborhood I would rather have people have their pools in the a backyard with their own privacy. It just seems like it it for my vote, it seems like it would be easier if once the homeowner is there to come in with a plan that they need exactly for what size pool they need for their kids and maybe in the sidey yard and stuff like that and and a minimal uh not obtrusive uh variance instead of just one really long variance, one massive variance around the back that only leaves you 5T. That's just kind of where I am right now. I I think you're kind of early for the variance. I understand what you're trying to do and no reason. probably go ahead and put Yeah, put the pool in then if I if it didn't. So, I'd be moving in. But

I got you. Does anybody else have a question? Yeah, I'm fine. Thanks. Sorry, Mr. Chair. I had two questions I wanted to follow up on. What was it asked by you, Mr. Chair? First, I didn't fully understand. Why didn't you make this application before you began this venture? Uh, basically, I did not realize the response I would get from the community of buyers that really wanted a pool. All right. The the second thing, the second question I had was um and help help me help you explain to me why not having a pool is a legal hardship. I'm having I'm having problems getting over

the hardship. I'm sorry I didn't I didn't finish. Oh, I'm I'm having a lot of difficulty understanding how for a lot of people not having a h not having a pool becomes a hardship. Help me help you. I got explain that.

I guess my hardship in this scenario or what I was saying would be really the 15t. So my house had to get pushed 15 foot back which I already only had 50 feet. So then I got more or less because it was it was subdivided back in 2007. So, my 15 foot, my house had to go back 15 more foot than original with the original subdivision, which then my house went from being able to have 65 feet to being able to have my house 50 and a pool in it. If I had the 15T, I could maybe manipulate it and make it, but basically now I only have 50. It becomes very hard. All right. I do understand you can make more money per perhaps if you have a pool, but I'm having a a difficult time getting over the threshold of how not having a pool becomes a hardship for the community.

Yeah, it's really comes down to family values and just having having your kids be able to enjoy the pool. My hardship was just more or less based on the Mr. Jordan has a question for you. So, as a followup to what my colleague said, based on what I heard you say, it's a hardship on you, not the community in the house. And that what you just said. So, you said it's my hardship. I get or you know, anybody that live there or if I live there, it'd be my hardship. Yes. Okay. Thank you. Any other questions? Yes, sir. Thank you for your time and your testimony this evening. Um the one question I have just looking at are aerials. There are several other homes under construction.

Yes. On the street. I I am on the sixth house right now. Okay. And they've all sold but this one.

I got you. Um the the one thing that that we do see in this board and we can't use this as a basis of decision tonight, but we have multiple sites. Well, one particular Paradise Island that was subdivided in the early 2000s and has some critical line setback issues that come into play and placement of pools. And one thing we do get a little leerary of is that when we start allowing on one street one house to have a pool behind it that everybody else down the property line comes in here asking for pools as well. Have you heard from other property owners that have already bought the other houses that they're also seeking pools? uh they they've talked about it. I'm currently trying to uh purchase the one on the other side of the street, which is where I live. Trying to purchase it and then get that additional, which is about 50 feet. If you look at that long skinny rectangle on the other side of the street, and there's about a 50 foot strip all the way there. I just h I couldn't really contact I' I've tried to buy it and I can't get

So, you're saying the property behind that house so that you have additional room? Correct. Okay. and I just haven't been able to make it happen. But they're just long. Both of those are roughly 50 feet and 3,000 foot long that can't be used for anything. It's the that backs up to it. It's just a narrow piece of land and then Esau Jenkins Road on the other side. Okay. Anything else? Thank you. Okay. Thank you so very much for your testimony, sir.

Yes, sir. Do we have anyone else to speak in favor of this application? Do we have anyone else to speak in favor of this application? Do we have anyone to speak in opposition of this application? Do we have anyone to speak in opposition of this application? Very good. This case is closed to the public. Board members, do we have any questions of staff? We have any questions of staff? Yes, sir. So if this were zoned R4, what is the the rear setback for whatever the like next step down in zoning would be for for pools, the interior property lines, which is your side or your rear property line, it's going to be 3 ft in R4.

Okay. And but this particular part of the county, the entire area around it zone AGR and has been for quite some time, right? Okay. Any other questions of staff? Any general discuss any general discussion? Um I I hate to say it, but I I can't get over Yeah. Criteria is six. I I I'll make a motion and we can when you're ready. Any other general discussion? Okay. If I hear none, then I need a motion to approve or deny. Yes, sir.

Thank you, Mr. Chair. I'll I'll make a motion for denial and then if I may explain why and then also the options after that. But I I make a motion to deny uh case BZA 082500891. Um I do not feel it meets criteria number six. And I I believe the uh the pool design uh is his own actions. I think there's other opportunities that could be made with this property. Um, and it just it won't fit. I have a second. Mr. Truslo, may I follow up? Yes.

I mean, I think there's other options here. I mean, I think if if this was a homeowner uh coming in and and showing the need for the pool, uh, I think the pool is a want, not a need. I don't um, obviously, it could could help this the sale of the property and things like that. And I don't fault the the applicant from coming in here and asking and trying. Um I'd like to help him, but I just don't see that there's a way to get past this variance test on on number six. I think he in his testimony, he actually explained the possibility of uh gathering some more land behind it and being able to do some stuff and I would I would direct him in going that route because I think it would it would be a good one. If not, I would come back with some type of variance of submitt that would be very minimal and uh less obtrusive to to a large pool and a large deck and stuff like that. I could get behind supporting something like that, but this current application I can't.

Okay, we're still in discussion and we have a motion that's been denied and seconded. Any other discussion, Mr. Jordan? Uh fair fairness to the advocate. I believe I heard him say that he was willing to adjust all that, the size, the pool. So, if that's true, then wouldn't it be the the right thing to give him the opportunity to come back to us with whatever his adjustment is for us to consider? But if we deny it, he can he can come back with a new drawing and it's a new submitt. Has nothing to do with I thought if you deny, he has to wait a year. No, only if he resubmits it the same way, I believe. Is that correct, Mr.

Correct? So if he gets denied tonight, he can put a submitt together with a new layout, new new everything, new ever, whatever he wants. If would he have to pay would he have to pay extra? That's not me. I don't I'm not on the payroll. That's not the preview of the Yeah, but I can staff can answer that. Yes, it would be a new application. A new case number. Okay. New meeting. Yeah, it cost a lot of money. Any other general discussion?

Mr. Chair, I would I would observe that in addition um I don't think this respectfully uh meets criteria number three. He's not unreasonably uh he's not being prohibited from using the property, unreasonably using the property. He's built a beautiful home on the property and it can it can be used and having a swimming pool. Again, I just can't get over the the the threshold of have saying h having a swimming pool. Having a swimming pool is uh per se a hardship. Thank you. Thank you, Mr. Nelson. You had something?

Yeah. I think the interesting part of this case is one, we have zero letters of opposition to the request. We've had nobody stand up in this room and be opposed to the request. staff actually has not said any of these criteria may not meet yet. You know, we're here struggling with it, which kind of says a lot about this particular property. I actually agree with the hardship argument here and the changing of some setbacks and how that could have created some um issues with a builder that may have understood a lesser setback in other types of zoning. But, you know, I think as my colleague Mr. truly would say, you know, ignorance of the law is no excuse or we got to play it where it lies or something like that would

play it where it lies. I would have preferred to have said something polite like buyer beware, you know. So, in in general, I could support something on this property. I do think a little more thought needs to be given to what size pool should be there and a little bit better planning associated with that. All right, let's bring it to the vote. All those in favor of denial of this application, please raise your right hand and say I. I. Any oppose? It was unanimous, right? Did I see all hands up? Okay. Hey, car. Can you clarify that the uh Jenny, the only reason for denial was number six? Mr. Neil said not. Yes.

The only reason was number six. Thank you. Thank you, sir. Uh, unfortunately, your application was not approved tonight, sir. You will be getting information from staff letting you know the information that you need to know to move forward. Okay. Thank you so very much and thank you for coming. Good night sir. Bring something else back.

Our next case is case BZA082500892 and that will be done by miss working. All righty. The applicant and property owner Spafari Taylor request a special exception for placement of two manufactured housing units on the property located at 1418 Ellis Street, which is TMS number 351060069 in the St. Andrews area of Charleston County. The subject property and adjacent properties to the north, east, and west are located within the lowdensity residential R4 zoning district, while properties to the south are within the jurisdiction of the city of Charleston. The subject property is approximately 1 acre in size and currently contains an existing single family residence which is scheduled for demolition. A demolition permit has already been issued. The property owner applicant proposes to install two manufactured housing units each measuring 32 feet by 76 feet on the site following the removal of the existing structure. On August 11th, 2025, staff conducted an analysis of the properties located within the 300t radius of the subject parcel. Um, and that I'm showing the map here. Of the 60 parcels within the 300 foot radius, 36 contain existing sight built homes and there's one parcel that contains a manufactured home and that's adjacent to the subject property at 1422 Ellis Street.

18 parcels are currently vacant. Three parcels are occupied by religious institutions and two parcels are developed with commercial uses. So the ratio for manufactured home was 2.7. ordinance requirement aerial photograph. We posted the property on September 17th. You can see the structure in the back that is the one getting done. And then this is the bubble helmet at 1422 Ellis. And then adjacent on the other side is 1423 site plan. Sorry. Regarding the approval criteria, we stated that it may meet one, two, and six. That it meets three and four and five. There were approxim approximately 68 public comments in support of this application. The board may approve approval 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, the board should consider the following condition recommended by staff. One, the manufactured homes shall comply with all applicable provisions of section 6424B of the Charleston County zoning and land development regulations ordinance. Any questions?

Any questions of staff? You have one, Mr. Jordan? I do. Yes, sir. Did I notice a manufactured home or trailer in those pictures? Yes. It's it's adjacent to the subject property, but it wasn't enough to bring the rad to to bring the ratio up. Are there other trailers or manufacturers housing in the area? Yes. outside of the radius. There are a couple. Thank you. Yep. Anyone else? Thank you. Thank you, Miss Worker. Is the applicant present?

Very good. Please state your name and address for the record and please tell us why we should approve your application. Yes. Uh my name is uh Reverend Spa Taylor. Uh I live at 64 Canon Street, Charleston, South Carolina. 29403. Um, first I would like to say good evening to the chair and members of the board. Uh, I am the executive of this estate. Okay.

And um, I am here to request approval for two manufactured home on our property. And the reason why uh we're requesting to the original plan was to uh improve the house that that's there to renovate the house. And after um getting individuals into uh well and the other thing was to add a manufactur home for my niece. sort of would have been the home and try to get a manufactured home for my niece. Uh in the midst of doing that, uh after having contractor comes out to look at the uh renovating the house, it's too far gone and we have individual living in the house. So therefore uh after speaking to uh the bank and they're not really willing to do a loan on air property or uh so therefore the house have to you know we can't do anything with it but they are willing to do a loan on a manufactured home. So therefore that's the reason why we are requesting two um the this property has been in the family uh for over 80 years and my father's uh trying to u build it by his hand by himself and um we don't want to get rid of the house but right now it's in no

condition. It's not liveable. Um this land um is from generation not when I say generation when it comes to the kids us our grandkids and our great grand they have um lived in the house or have been taken care of in that house. So therefore, we just want to uh at this point keep the family together. Uh keep the family uh whereas uh we could still come together on Sundays. We can't now, but if we can get these um manufactured home in the area, uh we can provide safe housing for our loved ones and improve the property and the community. Okay. Thank you. Um that I understand you trying to get together on Sundays to have big Sunday middle meal.

Yeah. You cooking? There you go. I didn't see all of that. I'm just cutting up. I just saw a movie in my head. I won't say soul food, but I just when you said that, it saw it in my head. I know. making me hungry. Let me start over here if I could. Mr. TO,

thank you for your presentation and I'm going going to probably telegraph what my vote is most likely to be. Uh I'm since my time on this um board, I've never seen an application that was more deserving and I appreciate all all your support. We've never in in my experience never had this much community support as well. So we we thank you. My admonition would be, and I don't want to discourage anybody from speaking, but when it's sold, sometimes they say no need to keep selling. You're in good shape. Thank you. Thank you. Okay. Yes, sir.

You mentioned that somebody's living in the house that that is going to be uh scheduled for demolition. Who is that? Are there family members that are currently living? Family members. And then the two manufactured homes. So these are all going to be family members. Yes, definitely. There's no issues with the heir's property of putting the manufactured properties on them or anything like that? No. So it's still Did you say it was this was your father's land? Yes. Is he still with us? No. I'm sorry. He died 30 years ago.

I got you. All right. Well, I I applaud you for uh the one statement of of saying you wanted to keep the family together and keep the people on. That's uh and and also your application with the community support is is uh leaps and bounds where we are normally with properties like this. So yeah, it looks like a a wonderful application. Thank you, Mr. Chair. Any other questions on this side? Any questions to my left? Thank you so very much for your testimony. Um do we have anyone else to speak in favor of this application? Please state your name and address for the record, please, and tell us why.

My name is Tana Bllye Hamilton. Excuse me. So, good evening, chair, members, and the board. Um, thank you for allowing me to speak tonight. Uh, this property means a lot to my family. It's been in our name for generations, and it holds so much history over the Jesus. Sorry. All right. Over the years, time and circumstances have taken a toll on it. But in our heart, it's always been to restore what we have lost and keep our family together on our own land. Um, we're requesting this approval for two manufacturers homes, not for profit or business, but for family stability. The homes would allow us to bring life back to this property to provide safe and affordable housing for loved ones and to continue the legacy and care that our elders started. Oh god, I'm so sorry. Um, we work hard to clean up the property, remove unsafe structures, and make sure everything will meet code and county requirements. All we're asking is for the opportunity to rebuild to give this land purpose again and make it a safe, beautiful part of the community. Our family believes in hard work, faith, and home. This approval would mean more than just housing. It'll represent a fresh start, excuse me, a fresh start and a second chance for us to stand on the land that's always been home. Thank you for your time, understanding, and consideration. Thank you.

Thank you. She had enough. Okay. Please state your name and address for the record, please. Miranda Gemson, 10866 Bluffside Drive, Unit 3, Studio City, California. Okay. Um, you pull the mic down so it won't be a struggle for you. There you go.

I don't know how to follow that. But this means everything to our family. My grandpa always told us, "No matter who you marry or who you are, you have some place to come back to. I've been gone for 28 years, and I know I have some place to come back to, but now I don't. I haven't for some time. If we could get those two units, that gives all of us that have left a place to come back to. I just want to thank you guys for your time. I had something prepared, but I can't do it." Thank you guys. Well, hold on. Means a lot to our family. Oh, okay. Anyone on my left? Came a long way for this. Okay, Mr. Jordan,

this board has heard this probably too many times, but I want you to know that I feel for you very strongly because I recently bought my grandfather's house back that he built and lived in. He died. I know how you feel. You got my vote. Thank you. Thank you all.

Thank you. Hold on. Hold on. if you would. Anyone on my right? No. Thank you so very much for your testimony. Thank you. Um, anyone else? Anyone else? Okay. All right. Anyone speak in opposition? 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. At this time, I need a any discussion. Any questions of staff? Any questions, staff? Any discussion? Okay. Therefore, I need a motion to either approve or deny this case. Mr. Chair, I'm prepared to make a motion. Okay.

Mr. Chisel,

it would please me to make a motion to approve in case BCA 082500 892. I'd reiterate what I said before. This has been one of the best, most deserving applications I've seen. I've never in my time on on this board ever seen the support that we've had here from the community and all the people that are here. Um uh this is a request for a special ex uh exception to place two manufactured homes in a low density residential zoning district. Notice and jurisdiction are proper. The legal authority and we have to go through this. the law requires it, but the legal authority is set forth in chapter six of Zelda. This is on a 1acre, this application relates to a 1acre um piece of property that's on site with a residence that is proposed for demolition. This is going to be a tremendous uh improvement to the community. It improves the community, the quality. It provides affordable housing. It's compatible with current uh uses. The criteria and it's and we see have the recommendations of staff. The criteria set forth in section 3.6.5 and there's six criteria that we've considered. They have been met overwhelmingly in this case. This is consistent. number one is consistent with the recommendations contained in the county comprehensive plan and it provides for homing in for the community and for the family. Number two, it's compatible with existing uses in the vicinity. The uh it will not in any way adversely affect the general welfare characteristic of the community. In fact, it improves it. Number three, adequate provision has been made clearly for setbacks,

buffering, fencing, landscaping to protect u the community as a whole. Number four, uh this will uh this application is designed to preserve and incorporate uh important natural features in the community. It complies with all laws, regulations, rules, and such that's contained in the zoning provisions. And vehicular traffic and pedestrian movement on adjacent road shall not be hindered or in uh endangered in any way. So, I'll make this recommendation um or make this motion uh uh along with the one uh recommendation made by staff. So, that's my that's my motion. and I'm pleased to make it, Mr. Chair.

Okay, we have a motion that has been properly moved and second. Any general discussion? All those in favor, please indicate by saying I raise your right hand. I I it is unanimous. So, congratulations. 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, thank you for coming and congratulations and good night. And at this time we will take a 10-minute recess. I said 10. Still trying.

Okay, at this time we will reconvene and we will start with case BZ808 2500893 and Miss Workin will administer this case for us.

The applicant and property owner Carol A. Web requests a special exception for the on-site sale of alcohol alcoholic beverages, beer, and wine in association with a proposed restaurant use on the property located at 1455 Stewart Engles Boulevard, which is TMS number 559-140014 in the east area of Charleston County. The subject property is located within the Mount Pleasant Overlay commercial zoning district at the corner of Steuart Engles Boulevard and Louise Terrace. Adjacent's properties to the north are also within the Mount Pleasant Overlay commercial zoning district while properties to the east are designated as suburban residential within the Mount Pleasant or over overlay. Properties to the south south fall under the jurisdiction of the town of Mount Pleasant. The 0.39 acre subject property contains a vacant commercial building that was formally formerly used as a restaurant. This is the ordinance requirements, the overlay map, the 300T radius map, aerials, some photographs of the subject property. We posted the property on September 16th, 2025. the parking for the property and Steuart Engles site plan and the plat. Regarding the approval criteria, we stated that it meets 1, three, four, and five, that it may meet two and six. Um, we did receive four letters in support as well as a petition with 12 signatures in support. Um, 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, the board should consider the following condition recommended by staff. The applicant shall comply with all applicable reg requirements of the state of South Carolina for alcoholic beverage sales and shall provide proof of state approval state approval to zoning and planning to staff prior to the issuance of the zoning permit. Have any questions? Any questions of staff? Thank you. Miss working. Is the applicant present?

Very good. Please state your name and address for the record and please tell us why we should approve this application. Sir,

good evening board members. My name is Christopher Webb and I reside at 3121 Ion Avenue, Sullivan's Island. I'm here today to represent the subject property owner, Cara Webb, my mother and business partner in this restaurant venue venture. Uh my family has owned uh 1455 Steuart Engles Boulevard since the late 1970s. We've seen many changes to the area. We have lovingly maintained and restored the structure over the decades and the property has a special place in our hearts. We actually call it Pulis, named after old man Pulis, which I think you saw on the plat there. Was a previous owner and he did a lot of different business at that property. I also raised a family there. In 2013 2014, my father, James Webb, and I went through the site plan approval process with Charleston County to open a restaurant at the property. We were successful in that endeavor, and my mother and I opened Morgan's Market, which is a basically a soup salad sandwich place. Uh we also sold high-end beer and wine at that time. It was a dream of ours to run a cafe, but regrettably, my father passed away. And due to some other family health concerns, we closed the business in 2016. So, it is now our intention to reopen a cafe, and I have requested to sell beer and wine at the premises. Uh, going back with staff, it appears that there was some confusion in the past with the approvals in 2014 for beer and wine. Uh regardless, my mother and I went through the very detailed process with South Carolina State to sell beer and wine, including a sled background checks in 2014. We were successful in obtaining a license to sell beer and wine 7 days at the premises, and I have supplied all of that documentation in my application for your review. I now respectfully request a special exception to sell

alcohol at the premises. I have greatly appreciated uh the help of Charleston County staff, namely Miss Working. And I would say that although we are not excited to have to go through the process again, it's been good. Um you know, we've garnered a lot of support from the neighborhood and as you've seen by the signed letters and petitions supply to you, um there's a lot of community support. My mother and I are now more excited than ever uh about the restaurant's future and I and I welcome any questions or concerns you have. Thank you. Very good. Let's see if we have any questions for you. Anyone Anyone on my left? Anyone on my right? Wow.

Okay. Was either a good thing or Well, I I take Well, you know, go ahead. So, it it's good that we have someone from East Cooper that can come before us and reestablish their business. Um, what else will you have in this building other than what else will you be selling other than beer and wine? We're going to be selling light fair soup salad sandwiches. There's other similar businesses in the area. One that kind of comes to my mind that would be similar would be Five Loaves. I don't know if you've ever patronized the Five Loves Cafe. Something similar to that.

And your hours? Uh we're kind of going back and forth um because I've talked a lot with the community. They actually want us to stay open a little bit later because they want to walk down and en enjoy dinner or a light dinner and also maybe some alcoholic beverages. I would never stay open past 12:00 midnight. And how many tables will you have in there roughly? Dehack has had a lot of input on that. Uh the seating if we go forward with beer and wine would be limited to 40 39. So just it's a small cafe. Can I drive by every other day? Yeah. Oh yeah. Well, we'd love to have you when we open.

Okay, Mr. Chair, I do have a question. Yes, sir. Um thank you for your application. Very good application. I also like the uh fact that you got a lot of the neighbors uh to sign your petition to support. So that shows people on Steuart Inger Boulevard will support you. Um, so I just want to make when you say cafe, this is not a uh you're not selling beer and wine as in like a 7-Eleven to to go. I mean, you're selling beer and wine to drink on your establishment, right? Yes. For consumption, but the permit that we had before, we could sell, right? You could sell I mean, it's very similar. I don't know if you've gone to many wine bars, but you can purchase it right off and you can go home and enjoy it or you can there's a corking fee and you can

Right. And and again, this is for beer and wine. This is not for liquor. Yes. Okay. I'm good, Mr. Chair. Thank you. All right. Anyone else on my right? Okay. Thank you so very much for your testimony, sir. Okay. Yes, sir. Do we have anyone else to speak in favor of this application? Do we have anyone else to speak in favor of this application? Do we have anyone to speak in opposition of this application? Anyone to speak in opposition? Very good. Case is closed to the public. Board members, do we have any question of staff? Do we have any general discussion? Staff. Okay.

Um, on the special exception for beer and wine stuff, it's really just in the zoning table that we're trying to give approvals that they have to get. It's just one of the steps in the in the process for their business license. Correct. It doesn't have anything to do with timelines or uh time establishments to midnight or anything like that. Right. No. Um, it's just when they're near a residentials. What's that? The special exception kicks in when they're near a resident, like they're adjacent to or near. But I mean, the the county already has rules on the time and they, you know, if you wanted to stay up until two, right outside of zoning, right? And and those are already established. Yeah. Yeah. Okay. All right. That's fine. Thank you. Anyone else?

I was just going to make a general comment. I'm familiar with the area. have seen the seen it grow by leaps and bounds. When I got married, you don't have to stand up. When when I got married, there were 5,200 people in Mount Pleasant. And I and I'm not that old, I don't think. Uh if you're going to serve a Well, some people might say I am, but he's a youngster. Depends on who you're talking to. I'm feeling I'm feeling pretty pretty young. Uh any anyway, you serve a you serve a this applicant application serves the community. There's a prime need and I'm I plan to be fully supportive of this as I would expect the decision to be unanimous, but we'll see. Thank you, Mr. Truso.

All right. All those in No, I need a motion. You need a motion. He was just let go. I need a motion to approve or deny this application. I would make I'd make a motion, Mr. Chair.

Go ahead, Mr. Glad to U. Uh it would please me to make a motion to approve this uh application for an exemption to serve beer and wine in a restaurant similar to Five Loes. Uh if if if everyone's aware of it, it's off Johnny Dodd's U 17. Um this is going to be for u proposed to be for higherend casual dining. The criteria there's first of all there's been proper notice and jurisdiction. The um law governing this is contained in Zelda chapter 6 and criteria are set forth in CR criteria 3.6.51 through six. All these criteria have been uh overwhelmingly um uh established and has this has community support. Number one, this is consistent with the recommendations contained in the county comprehensive plan. Number two, and by the way, the application was as good as any I've I've ever seen. Um, it's compatible with existing uses in the vicinity, will not adversely affect the general welfare of the community. In fact, it will be enhance the community and provide places for people to go within walking distance. Adequate provision is made for setbacks, buffering, fencing, and so on. There's not a problem with traffic congestion or anything of that nature. There's a provision for parking. The u uh this uh application will be developed in a way that preserves obviously and incorporates any natural features. This complies with applicable rules, regulations, laws, and ordinance and the zoning area. And number six, vehicular traffic and pedestrian movement will not be adversely impacted. So that's my motion subject to the one recommendation that's been made by staff.

Okay. Do we have a second? Second, Mr. Brown. I saw hands over here, but I heard this y'all. I don't know which way, but is all right. Do we have any general discussion? Okay. All those in favor, please indicate by saying I and raising your right hand. I

I. It is unanimous. So congratulations, 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, sir, and good night. All righty. Still in East Cooper. Uh, next case, BZA 082500894. and miss working.

The applicants and property owners Tracy and Frederick Cole Cleleasure request a variance to reduce the required 50-foot front street side setback by 40.2 ft resulting in a 9.8 foot setback for an existing unpermitted detach accessory structure carport located at 532 Society Road which is TMS number 76400 00556 in the east area of Charleston County. The subject property and surrounding properties are located within the agricultural residential AGR zoning district. The 1.99 acre subject property contains a single family residence and an 18.2 foot by 30.2 foot shed that were permitted and constructed in 2022. in 2020, sorry. According to Charleston County Records, the property also contains an existing unpermitted detach accessory structure, which is the 24.1 ft by 35.1 ft carport, which was illegally placed on the property in 2020 or 2021 based on aerial photographs. This is the zone ordinance requirement for setbacks. The 300 foot radius map aerials We posted this property on September 16th, 2025. This is the carport that needs the variance subject property adjacent and society road site plan and the plat. Regarding the approval criteria, we stated that it may not meet 1, three, and six. It may meet to four and seven and it meets um five. We did receive one letter in support for this request.

Um the board may approve approval conditions or deny the request based on the board oop sorry findings of fact unless additional information is deemed necessary to make an um informed decision. And we do have one suggested condition. The applicant shall obtain all required zoning and building permits for the existing unpermitted detach accessory structure which is the carport. Okay, Mr. Neil.

Yeah, thank you, Mr. Chair. Um, how did we get here? Obviously, it's unpermitted, but I mean, did are they building something else? What what caused the alarm here? No, I think um it was either called in from a neighbor or um like somebody saw it and realized they didn't have permits. And is the current carport because it just looks like a I don't even know how to describe it in I mean I understand it but is that something that building code is going to have problems with or something or is it just we have a well hopefully they won't I I'm not sure um how I don't know how it's constructed but yeah they're going to want to know look at it and see how it's constructed and that's one of the that's one of the comments is uh to bring it up to building code and all that kind of yeah to make sure that it doesn't

as usual blow away that kind of thing. Is it It's in an area. Can you explain the area that it's in that it needs the variance? I don't understand. Point out the site. Yeah. I just couldn't I couldn't understand where the area is. It's encroaching on. Um here's the street. Let me see. And then this is the structure. So it's what did I say? nine something feet from the front. That's supposed to be 50 50. Mhm. We're going from 50. Yeah. 9.8 ft from 40 from the front property line.

Oh, from 50. Yeah. So, the line, see the dotted line up here? That's that's your 50 foot setback there. Uh, I got you. Yep. Okay. Thank you very much. Anyone else? I have a question.

Yes, sir. Um, did the did the applicant explain why they built this without a permit? And the reason I'm asking this is because I'm I'm certainly familiar with um Eagle. The handouts Eagle gives tells people, hey, you're responsible for getting a permit and having approval and such. And that doesn't necessarily mean that that they're absolved. But did the did the applicant describe why they didn't get a permit? Does it they didn't say just ignorance of the law or um they didn't care or what? I'm trying to find it. They weren't aware that they were I read I read that

that might be a good question for the applicant. Wouldn't it? All right. Yeah, that I did. I was going to see if they've explained it probably to her. She said they were not aware. I read that. Yeah. So the response for number one, we were asking for a setback adjustment when we put the carport on the property. were not aware that we needed to have a permit. And then they talked about the company evil carports didn't ask. Okay. The reason I was asking is because the contractor in this case sends out a number of things that tells the the applicant or the homeowner, get a permit. You got to get a permit. You got to get a permit. They tell them over and over and have something online that says permit. Yeah. All right.

I'm not familiar with the company so I don't know that. But it sounds like you do. Let's thank you, Miss Workin. Is the applicant present? Yes, sir. Please come forward. Please state your name and address for the record and please tell us why we should approve this application.

Good evening, board members. My name is Tracy Klesia. I live at 532 Society Road, McCullenville, South Carolina. So, when we had the carport put in, we wasn't aware we need to get a permit. We recently wanted to put uh carport over the shed because of the sun. And when we went to do that is when we found out we should have had got a permit to do the first carport. And so it wasn't until then that we was aware that that carport was up there illegal. Nobody ever said anything when we when we contact Eagle Carports to come put it in. They never said you got to get a permit. They just told us we had to have the concrete so that they can, you know, put it in the concrete or whatever they had to do. But nobody said we need a permit. It wasn't until this time here that we actually has the the next carport is ready for them to bring it and install it. And that's when we found out we need a permit. When we came down here, they said that we had one on there that wasn't authorized. And that's how we got here.

That answers your question, Mr. Trlo. I understood what she says. I'm I've just been looking at what Eagle puts out, what they publish about what's supposed to be done and what they ostensibly tell people that she may have recourse if if they didn't do what they were supposed to, and she's required to start again from scratch. She may be entitled to her money back. Good luck with that. Um, let's see. Does anyone Mr. Jordan. Yeah. Did you build the home that you're in? Did I Did I What? The home you're in. Did you Did y'all build that? No. Shoeer. Shoeer built our home. Did they get permits? Yes.

So, somebody knew they had You have to get permits. Well, I guess so. But we talking about the carport. I understand. That was the first time we had something like that done. And if we need it, when we called them to have it done, they should have told us we needed a permit. They never said anything about getting a permit until this time like couple of weeks ago when it was ready to come and they said, "Do you have the permit?" And we was like, "A permit?" And then we came down here to zoning and that's when they said that we couldn't get that permit because we had to clear this one up first. Yes, ma'am. Thank you. Okay. Any other questions on my left? Yes, sir.

Thank you for your time. Um, just one question. Is there another spot on the property you could put this carport so that it would conform with the setbacks? Nope. We Well, I don't even know how we could move it. It's already It's up there. It's a threec car port and that was the only place on the property we could put it. It was solely for the sun from beaming on the cars. And so that was our only option to put it right there. Okay. Thank you. Okay. Wait a minute. Aren't you sitting on two acres? Yeah, but we only using the front part. The back part we can't build because it's wet land. Okay.

All that behind your house is wetland. Mhm. Behind that fence. Mhm. Would you consider that to be a hardship? Do I consider that to be a hardship that you have wetlands behind your property that you can't build in and relocate that facility toward? Yes, because I would have loved to been able to use the whole two acres, but you know, it was my dad's property and we didn't want to lose it, so we tore the house down and we built our house there. So, do you have documents saying that that's a wetland and you can't put anything on it? I had them, but I got them right from the place here where they tell you what's back there. See it? Oh, I don't have it with me.

Yeah. Even though the two acres on the side of us, all that's wetlands and that's my aunt's property and she can't do anything with that. No, I'm I'm Well, I'm just looking at all that behind you. Mhm. You know that that's a lot of room to put which Yeah. Not when it's a wetland. Not when it's a wetland. Yeah. Yeah. Ideally. Yeah. Yes. So, you had a question. I had Go ahead. I'll let my colleague ask first. Just curious. is the same company that did the carport before. The one that is is doing the carport now. Yep. They put the garage the garage did the um the shed. Eagle carports put the shed there in the back.

Yeah. And they took care of everything that had to be done. And then we went to we called them to do the carport and we g we did everything we had to do, but they never said we needed to get a permit to have that carport put there. But now the same company is the one you've called and they were saying that you need to do the permitting again. [Music] Okay. Thank you, Mr. Chlo. Um I had one more question and forgive me, but I see the the what appears to be the home and then two out buildings behind it. What are those?

Two. There's the there's the house and then it appears to be to me I can see a looks like a an RV on the on the right hand side on the other side of the shed and then I see what appears to be on the right hand side in the back a building and the on the left hand side in the back a building on the So Miss Working could you get the highlighter and point those two? Yeah. Um, structures in the rear, please. Yeah. I mean, we checked and all the other structures have per permits. Yes. That's what you're alluding. We were just trying to identify what they were. I guess that's what Mr. Trlo questions were.

What they are and when they were put in. Do you have Do you You see what we're talking about behind the main dwelling? You got two other I can show I can stand up right there. Oh, you mean on the side of the house? That's you know when those those That's behind the house, right? Yeah. The shed you buy from Home Depot and you just put up Okay. That's what that is. Both of them. It's only one. There's another building on the other side. Yeah. On the left side of the house, you said. And the other shed is on the other side. The one that Eagle put in. So Eagle put in the shed. Sorry. Yeah. Yeah. Go ahead. Eagle put in the shed and then y'all built Y'all built another shed from Lowe's from Home Depot.

From Home Depot. And now you've got the carport by the what's looks like the front of the house, but that's what that's what's impeding the variant needing the variance is because the carport is in the setback. Mhm. Correct. So that that's basically where they are. I was looking on timeline when when the two buildings in the back were were installed or put in on the back or right hand corner and the lefthand corner. Um the the 18 by 30 shed was 2020 and when 2020

I didn't put the other date in the report but they got that when they did the house permit. Go ahead.

Thank you Mr. Chair. So, one of the things now that we know where the what's causing the problem for the variance, I think my fellow commissioner asked is could you relocate this shed, this carport, let's call it different things. The carport is what we're really talking about. Can we relocate the carport where it wouldn't need a variance because you're within the 50 foot u setback from the front of the lot and it looks like this area right in here. If the shed could turn, you could fit it in there. Now, that doesn't help you because you paid to have your carport done. But that at least explains what could be done without a variance. So, it really comes down to is the variance needed because you can't move the carport for and you have you have limited space to build a cart for um or the hardship of because hardship qualifies for a lot of things and the hardship is that it's already built

and we don't want to have to go to the money and I'm my fellow commissioner Mr. Trims low over here is trying to say, well, you have to take it down. You could probably go back to the guy that put it in because he didn't put it in right. So, we're trying to figure out a way. What's the best solution? The best solution moving it. Is that's where we are. We're trying to come up, you know, is it functional right there and the only thing you're impeding is the front of the road or is it will it work somewhere else or it just can't work anywhere else in the yard? We're trying to find a way to to understand it application. So, anything you can say in there? I don't I don't think it can work anywhere else. And it's it's not interfering with the road. It's actually a ways back from the road cuz it's the road and then it's the the ditch and then a little bit of grass space before you even get to the carport. But we can't move it from where it is cuz we don't have anywhere to put it.

What all do you have under the shed? I I see a trailer. um the boat and and the pickup. So, it's a three car. So, we keep the boat under there and the pickup and then the trailer there. I'm sorry. The street is in front of way in front of that fence.

I don't have any questions for

Thank you. So any Mr. Jordan, you have a question for Thank you for your patience, Mr. Jordan. So where your wetlands is, do you have anything on it at all? On the wetlands? No. And when it rains, how bad does it get back there? How bad does it get back there? Does it get boggy? Yeah, it it floods. It floods. That's what I want to hear. So you really can't use it much. It sound like a hardship to me. Mr. Brown, you had a question? No. Okay. Anyone else have a question? Thank you so very much for your testimony. Thank you. Have a good night. Do we have anyone else to speak in favor? Yes, sir.

Good. Yes, I did. Good evening, board members. Um, I'm just standing up to back. Name and address, please. Oh, I'm sorry. That's okay. 532 Society Road. And your name? Mlannonville 29458 Frederick Cleasure. Thank you sir.

Yeah, I'm just getting up to back her up what she's saying where that carport is entire to your question. If we moved it over, it would be on top of the septic field and septic. So that's why it's where it is. I mean I I looked at it and I said, "Wow, I wonder can I?" And then we got to touch the people say, "No, it'll be right on top of your septic fuel and septic tank, so we can't move it." You know what bothers me is Eagle Carport put in the garage. They got permits and stuff like that, but when it came to the carport, we didn't. They said we ain't need it. I guess they just wanted to make the money and run. And that's what they did. And that's what put us in this spot here. Nobody called it in. We came in to take care of something else and that came up and then they said we have to straighten this out first before we can move forward to do anything else.

That's what I got. Answers a lot of questions. Go ahead. So for the carport, you had to have or you you preferred or they had to have the concrete underneath the carport for the footings instead? Yeah. To support it. Yeah. That's what I figured. All right. No, you've answered my question. We were looking for where the hardship was. You've given it to us. Yeah. And they have hurricane straps on and all that stuff. I mean, thank you. Thank any questions on the left. Any more questions on the right? I did have a threshold question. How big is a carport? How many square feet? Um, two days. Is it overund over 120 square feet? Yes, it is. Yeah. All right. Yes, it is.

Three days. this three pickup truck. Okay, I see it. 625 ft. Basically, we have any other questions? No. Thank you so very much for your testimony, sir. Anyone else to speak in favor? Anyone else to speak in favor? Anyone to speak in opposition? Do we have anyone to speak in opposition? Very good. It's case opposed to the public. Board members, do we have any questions of staff? Yes, sir. Mr. Neil,

this is a dumb question. I probably answer, but the reason we have a 50 foot setback on the road on the front of the property to prevent somebody building a shed or turn your mic on in their front yard. Your mic on. Sorry about that. Well, in the egg districts, you can have sheds in your front yard and you can have a garage in your front yard. Okay. So really, but it's but it's just a distance um to for uniformity, but also, you know, to get away from the road, right? So really the the issue is it's it's going from 50 down to nine, right? 9.8. 9.6. Okay. I'm fine. Thank you. Okay. Any other discussion?

I mean, well, that was a question of staff. Any general discussion?

I have a I have some uh discussion. My concern is why when we approve these things and this is no no reflection on the applicant necessarily, but uh when we when we approve uh these variances in situations where contractors ostensibly are vi are violating the clearly violating the law. Why would we want to sanction bad conduct? And if we keep allowing allowing builders to to do this and there's never any consequence, I don't know why we even exist. It's just a bad bad precedent, I think, when we allow this when we allow this to happen. And there's got to be a consequence.

Well, I'll interject that um I I don't think you are approving what the contractor did or did not do. uh an applicant is coming before this board and asking for something they're entitled to request. So your request, their request is for this board to either approve or disapprove what they have applied for um as it relates to whether or not a contractor did what they should or should not have done.

That's really not before the board. Well, I would I I would clearly dis agree with that because the practical effect is use common sense. If we keep allowing builders to do to do this, no permit, uh they don't follow the law, uh even when they have it in their own writing what needs to be done, then we're in effect I don't know why we exist if we if we keep approving this. There ought to be something that can can be done. There's got to be some teeth. We've got we've got these ordinances that are designed for a reason and if we're not gonna uh gonna have people adhere to them, I don't know why we would even exist.

But you're you're talking about the applicant adhering to the ordinance and you're saying the violation of the ordinance was because of the contractor. I'm familiar at law with what's called agency and who's responsible and and u they're responsible for their for for their for their agent or they've got recourse. So, let me go to Mr. Jordan first, then I'll come back and then I'll go to Mr. I think our attorney basically said what I wanted to say, which is if they're sincere and they really didn't know, then was somebody else a mistake, then why should they be penalized? How come there's not recourse for them, but I'm not a lawyer.

I'm not saying that they aren't sincere. I'm just saying that that that there's never any consequence when people violate when they violate the law. This isn't on the homeowner, but that nothing ever happens to anybody, whether it's swimming pools or or sheds or anything. Thank you, Mr. Chlo. Let me go to Miss Smith, please. I just wanted to say that I was I was uh heartened to see that even though they they may not have asked for the um permit the first time years ago, that this time they did. And they didn't allow they're not allowing the shed to be built now. So, I'm glad to see that this company is is maybe changing what they're they're doing. Okay. All right, let's get one more. Okay.

Um, so our attorney is is, if I heard him correctly, has made a a what I think is a great point, and that is you look at the application for what the end result is going to be. Do we want the end result to have a shed in the in the buffer area or setback areas or we do we not? How we got there, I agree, Mr. Trus low is absolutely terrible and we we see it every time. We're always seeing a variance for after the fact unpermitted shed, unpermitted pool and I I don't like any of those and I I share your frustration there. But that's we go after that with a business license revocation. We go after that with other fines and things like that. That is not on the application. At least my opinion is not on the application. So, but one of the questions that helps me determine if we get through these six or seven tests that we have to meet is how did we get there? And you've heard me ask that question almost every time. How did we get here? And that was the first question I asked Mr. Working. Did somebody turn them in? Did a neighbor turn them in? They weren't sure. But the applicant in their testimony clearly said, "We came in here for one thing and had to come and do another thing." So, they didn't know. So, yeah, they shouldn't they asked that question with the vendor? Yeah, they should have, but they didn't. They didn't know. They thought they were doing something right. So they came in among their own their own acknowledgement of hey we need to get this permit. So that's how I start working through the process. But the end some game is the application. Do we want this this shed in the in the setback or not. However we got there that doesn't really matter. The the application is there in front of I believe that's what the attorney is trying to instruct us to to make a good judgment call and that's where I'm leading towards you know how can we do this? And then the applicant, the second testimony has just said that the reason we can't turn it and get it away from that that needing this variance is because there's a septic field out there. Well, there you go. There's the hardship. At least from my standpoint, is there's the hardship.

All right, let's thank you. I mean, so yeah, we could our code enforcement can write tickets for these things. Um, but it would be going to the property owner and a variance is a way for to not get a ticket for this and to correct it's ultimately the variance will if it's approved correct the problem. If it's not approved then they'll have to move it or tear it demo it. So that's kind of where we're at. They don't always get it solved in court like you think they would.

Right. Again, my reason for opposing this, when contractors do things that are illegal or unethical, there's never any consequence. And we don't have the ability to make them comply with the law. This only there's the only way to uh to put any teeth in the law is to on occasion um deny a request. In this case, there's clearly a hardship. I'm convinced that the that the applicant uh was acting in good faith. It's not a criticism of the applicant, but the builder gets to to uh gets a pass and all the honest builders are punished. So, they get a free That's my reason. They get a free pass and the property owners are the ones being punished in some form or fashion, even if it's in the minimum, you know, at at minimum, it's the fee to come in here and

and the heartache and all the other stuff that has to go to it. But, um I mean, I hear everything you're saying. So teeth to it. So board members, I thank you for your testimonies. Mr. Jordan, you really you ready to make a motion? I want to say something quickly, please.

I just want to say certainly again, I'm not a lawyer, but I thought I've heard on this board before in situations where we tell people or they say they going to they have legal recourse against the contractor. Isn't that some recourse they do have if they want to use it? I mean, I I'll answer that generally. Yes, you may have recourse against a contractor, but I mean, that's a factf finding mission for a court. And the the starting point of that is when was it built? Because if this was over four years ago, they have no recourse against a contractor.

All right, last comment. Miss Smith, I was going to make a motion. Okay. Thank you. Even better. Even better. All right. So, thank you.

Can I make a motion to approve a variance in the BZA 082500894 um on the basis that it complies with the variance approval criteria. there are extraordinary and exceptional conditions pertaining to the particular piece of property with the wetlands to the rear and side and the um and leaving space for the septic yard. Um number two, these conditions do not generally apply to other property in the vicinity. Number three, because of these conditions, the application of this ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Um, number four, the authorization of the variance will not be of substantial detriment to the adjacent property or the public good and the character of the zoning district will not be harmed by the granting of the variance. I think that since it's an agricultural district that uh that a shed can be in the front front yard in cases where there's a hardship. The uh number five, the board of zoning appeals shall not grant a variance the effect of which would um be to allow the establishment of a use not otherwise permitted in a zoning district. I think it complies with number five. Number six, the need for the variance is not a result of the applicant's own actions. They uh attempted to do everything the right way and they were not um asked to get a permit. Number seven, granting of the variance does not substantially conflict with the comprehensive plan or the purposes of this ordinance. Um, and I'd like to also um include the staff the staff any staff recommendations.

Thank you. Now that I'm looking this way and hearing this way, I got a second from Mr. Jordan. Okay. All right. Do we have any further discussion? All those in favor, please indicate by saying I and raising your right hand. I. Any opposed? We have one. It carries. So, uh, ma'am and 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, thank you for coming. Congratulations and good night. And I just want to clarify something. It's not four years, it's three years. Their their time frame to bring a lawsuit would have been three years other than some contractual relationship.

Thank you. Thank you, Mr. Hug. So our next case is case BZA0925009 excuse me 895. Thank you. Okay.

And Miss Workin will be a minister in the applicant Adrien Green of Grantham Homes LLC representing the property owner Richard A. Hawker requests a variance to remove a 45 inch DBH diameter at breast height grand live oak tree to accommodate the construction of a proposed single family residence at 2862 Maritime Forest Drive which is TMS number 203200126 located on John's Island in Charleston County. The subject property and adjacent parcels to the south, east, and west are located within the plan development PD72e Koa River estates zoning district. Adjacent properties to the north are are located in the low density residential R4 zoning district. The 0.27 acre property is vacant. The site contains two grand trees. the 45inch DBH live oak per the request that is located near the center of the property and a 36in DBH live oak located near the eastern property line. The 45 in um live oak was rated at grade C by the county arborist and a grade D by the applicant's arborist. This is the ordinance requirement. the 300 foot radius are aerials. We posted the property on September 17th, 2025. This is picture of the trees tree subject property surrounding properties a site plan and the plat. Regarding the approval criteria, we stated that it may meet one, two, three, four, six, and seven, and that it meets

um five. We did get one letter of support from the um for this application. The board may approve, approval conditions, or deny the case 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, the board should consider the following conditions recommended by staff. One, the applicant shall mitigate the removal of the 45 inch inches by either submitting a submitting a plan a mitigation plan for review and approval indicating the installation of canopy trees no smaller than two and 1/2 inches in caliber equaling inch inch replacement. B by depositing funds into the Charleston County Tree Fund as described in section 926 of the Zeldar or C a combination of both A and B. The lot of mitigation shall be in place prior to its removal. Two, tree barricades constructed of chain link fencing shall be installed around all protected trees within 40 ft of disturbance prior to any construction pursuant to the section 924 of uh Zeldar. Three, the applicant shall retain a certified arborist to monitor and treat all grand trees within 40 ft of disturbance through the duration of construction. The applicant shall provide a copy of the tree preservation plan to zoning and planning staff for review and approval prior to zoning permit approval for construction. Questions?

All right. Thank you, Miss Working. I have a question here from Mr. Nelson first. Thank you. We come down to that end. All right. Thank you, Mr. Working. Um, two questions. One, just to confirm, we we've got conditional approval from the architecture review committee for the neighborhood, correct? For removal of the tree. And then two, if this tree would have been graded a D by the county, they would not have needed the variance. Correct. I don't think so. I know definitely the Fs do not. Okay.

But yeah, Kyle disagreed with the um their, you know, evaluation. His evaluation was a C++. Do we know why there was a discrepancy between how the um the applicants arborist graded the tree and Okay. All right. Thank you. Yes, sir. I can never get one past Mr. Nelson. That is exactly the question. I just going I was going to ask staff arborist on how could there be a discrepancy between a C plus and a D on trees. That's why I there is there two different reports that we have um get to review or did we review or anything like that? Um, I see discrepancies quite frequently, so it wouldn't be surprising.

Is there anything in your report versus their report that that is glaring that that shows up or anything? Well, no, but I would tend to trust Kyle more. So, okay, that's a great answer. Thank you very much. Anyone else with a question for staff? Yeah. Oh, yes, sir. We can confirm one thing. It's not an A or a B. Correct. Yeah. Cuz Okay. Thank you, Miss Worker. Is the applicant present?

All right. Please state your name and address for the record and please tell us why we should approve your application. Uh my name is James Morsy. I'm representing Adrien Green Granthm Homes. My address

if you would. There you go. and my address is 112. It's Kobe Court. It's Goose Creek, South Carolina. It's 29445. Thank you for having me today. We really appreciate your time. It's a long evening for everyone. Um kind of wanted to go over uh and address the conditions and criteria for the variance approval. I know it kind of comes down to some of the grading trees, but there are some other items to take into consideration. Um uh you know one there are extraordinary and exceptional conditions pertaining to the particular piece of property as follows. Uh this lot is located on Ker River Estates. It's a gated single family community located in the southern tip of John's Island. Uh the lot itself is in its original undeveloped condition. uh meaning it does contain a dense number of mature trees not typically found on some of the adjacent lots uh and and some of the developed lots that are nearby. Um the KA River Estates requires any new home to be at least 2400 heated square feet. That's a substantial minimum uh that affects the home placement and design. Uh I did I did bring a copy of the ARC guidelines for you to review for that record if need be. Uh finally, the centrallylo tree does create a unique physical barrier to building a home that meets these criterias of the minimum square footage required by the ARC. Um for two, these conditions do not generally apply to other properties in the vicinity as shown by unlike other lots in KRE uh which have been developed over time, this lot does remain one of the few original undeveloped parcels. Uh developed lots have already been cleared in accordance with historic standards. They may have been a little more lax during their time of clearing as well. This lot is unusual because of its large number of sign significant trees and its natural state. The hardships faced on the lot do not apply to neighboring

properties that were previously developed. Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property as follows. uh we have worked through multiple sets of home designs intelligently uh with the ARC in an effort to save the centrallylo tree while meeting the the stringent ARC guidelines that they require. Uh but there is no feasible way to build without removing this D-grade tree according to our arborist report uh which uh per the tree report is noting a decay, a cavity, canker, deadwood and root defects on the tree. Without removing the tree, the lot is effectively unbuildable. We cannot comply with the strict ARC size requirements and construct a home within the buildable area without removing the tree. This ordinance would prohibit any reasonable use of the property, turning it into an unusable lot within the development. Four, uh, authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by granting the variance for the following reasons. Granting this request will not harm the neighborhood. It's going to enhance it. It's a beautiful home uh that establishes um a precedent within the neighborhood to the strict AR arc standards. Uh the poorly graded tree poses a risk and detracts from the health and the aesthetics of the lot. Its removal will improve the appearance and safety of the property and the adjacent area. Uh we are committed to preserving two other significant grand oaks that are on the site, including a 36-in live oak and a 16inch live oak. uh on the lot maintaining the neighborhood's characteristic, its natural beauty and

its privacy as well. We have requested and received ARC variants for a front load garage in lie of their normal sideload access in order to assist us in preserving the privacy minimizing the impact of the of trees being taken down. Um, we have the ARC's approval in both the house plan design, their approved variance for the garage load, and then also their um, echoing sentiment, their approval for the removal of the tree itself. Um, them citing it as a safety concern. There are large dead limbs that could pose a safety risk. The ARC for Kiwa River Estates has evaluated and approved this removal of the tree. We did include the ARC letters for the floor plan approval, tenative approval and then the recommendation for the tree. I do have copies of those as well uh if needed if needed. Um five, the BCA shall not grant a variance that effect which uh would be allowed to the establishment or not otherwise permitted in the zoning district. This essentially doesn't does not um the request does not meet that criteria.

All right. Thank you. Sure. Let's see if anyone has a question for you. I'm going to start with Mr. Brown. Um curious if you made any requests or or investigated um any request to the ARC, is that what it's called out there?

Yes, sir. um that review board to reduce the requirement of the 2400. Is have you did you investigate a smaller footprint, a smaller plan, some way to we do we did create an overlay essentially on um the tree report to try to figure out what the minimum square footage that we could build without tree removal. Um the their minimum is 2400 square feet heated square footage. I believe the overlay which I can I have a copy that I can supply to you um it is 800 square foot on the first level. It's extremely small. It's nowhere even near um close and that's with us preserving the tree um and requesting a variance on the garage side too. So

I got you. So you so you made some attempts to see what smaller something might fit on there. That's that's just what I was curious about. Thank you.

All right. Yes, sir. Thank you, Mr. Chair. Um, I mean to me this is a pretty slam dunk case of I mean you got a massive tree that's in the middle of a lot and you're trying to build you're not trying to build an unreasonable house. So really it just comes down to you know what other due diligence did you do? You just told my fellow commissioner that you tried to build a smaller house, smaller footprint. It's not really within the guidelines. You're moving the garage load to the front to help stuff. So you're doing the the due diligence that we asked. uh we don't have a you know set of people that are against this. Obviously people don't want to lose trees. Uh I was curious about the difference between a C++ and a D. I in my time on here I hadn't seen that but I guess you know if I look at something one way and he looks at it another one the same way a different way that that happens. Uh so I was interested I am my only question really is the uh ARC do they have any preference on the mitigation plans is have the applicants thought about what their mitigation plans are they trying to replace some things with some trees along the front or is there anything that could go along to show that

normally we work closely with the ARC they're very stringent um development as far as landscaping plans uh we normally have to have their approval on landscaping plans as well I I do not have a definitive plan as of yet as We're trying to intelligently place the modify the floor plan, modify the fitment. No, I understand. And you've even you've testified in your application that you're um you're trying to save the other trees. So, I was just I'd say if there's coordination could be done uh so that you're not just writing a check and putting into the tree bank if there's some stuff that needs to be done enhanced in that community or enhanced on that lot that that should be taken apart. But from my standpoint, I think this is classic. You you have a hardship. You've got a lot with a tree a 48 inch tree right in the middle of it.

Mhm. Thank you, Mr. Chair. Just to clarify on on that, they are going to require approval of a landscape plan by a landscape architect as well, I'm assuming, in that I believe so. Yes. Yeah. So, any mitigation trees that is an opportunity to incorporate that in a plan. So, okay. Yes. Mr. Neil Nelson, excuse me, Mr. Green, since we've been in the business of commending people and their applications today, um your presentation this evening and sticking to the criteria is what is much appreciated. So, thank you for doing that. You're welcome. Yes. Okay. Anyone else question? Thank you so very much for your testimony. All right. Thank you all. Yes, sir. Do we have anyone else to speak in favor?

Do we have anyone to speak in opposition? Turn down. Thank you. This case is closed to the public. Board members, do we have any questions of staff? Any general discussion? Therefore, I need I've got one I've got one comment and the irony is not lost on me. It's more of a rhetorical question, but if we had a unscrupulous contractor come cut down this this tree u no permit, no, they would get fined and go to court and it be about where we were with the last case. Well, they weren't fine. That's what we There wouldn't be any consequence. He'd be gone and no, nothing ever happens. No, they would be fine. Trust me. That's my problem.

And they wouldn't come to this board. Contractor would because we're not doing variances for tree mitigation either if they're going to court straight to court. Well, we ought to treat everybody the same way if we're going to do that. But that's just my my I'm gonna vote in favor of this. You're saying we should have gave them a ticket for putting sh I didn't hear you on you said when they turned themselves in saying they built the sh we should have gave them a ticket. I'm saying that we ought to treat everybody the same way, feed everybody out of the same spoon of justice and not prefer some over others and that irony is not lost on me. Okay, that treat everybody the same way. That's just my comment. I'm in favor of this okay application.

Thank you for your your comments. All right. So, at this time, we need a motion to approve or deny this application. Do we have one, Mr. Brown?

Make a motion. I make a motion to approve BCA case 092500895. um based on the criteria required uh of the Charleston County Zoning and Land Development Regulations Ordinance or Zeldar. Uh number one, there are extraordinary and exceptional conditions pertaining to this particular piece of property based on the tree location, the grade of the tree and and the limits on what you can build on that piece of property. Uh these conditions do not generally apply to other property in the vicinity. We heard that a lot of the these number of uh and size of trees is is unique to this particular piece. Uh because of these conditions, the application of the ordinance to this particular piece of property would not uh prohibit or under unreasonably restrict utilization of the property. Um and and that would happen if we we deny this request. Uh the authorization of variance will not be a substantial detriment to the adjacent property or public good. Uh they're going to have a nice house on the property and and part of the community in that area. Um, the board of zoning appeals shall not grant a variance, uh, the effect of which would allow establishment a use otherwise permitted. I mean, it's just removing a tree so they can build a house. Um, the need for the variance is not a result of the applicant's own actions. I'm pretty sure they didn't plant the tree, so I think we're okay there. And granting of the variance does not substantially conflict with the comprehensive plan. So, uh, and, uh, also incorporating the three, um, staff suggestions as well. Very good.

My motion. Very good. Do I have a second? Second. Okay. Say again. Okay. You got a shot out this time. Okay. I heard this one over here. Let Mr. Nelson have it. Let Mr. Nelson have it. He beat me to that first question. Okay. Any general discussion? All those in favor indicate by saying I and raise your right hand.

I. All oppose. There's one opposed. Okay, good. It carries. So, congratulations, sir. Your application has been approved. Within 10 days, you will be getting information from staff letting you know the next steps in the process. Once again, congratulations and good night. Okay, we're getting closer. All right, our next case will be done by Mr. Hair. Next two cases. Case BZA092500 896.

The applicant and property owner Edward Lammana is requesting a special exception to establish a short-term rental property extended home rental at 11:09 Hillside Drive, TMS number 418 060090 in the St. Andrews area of Charleston County. The subject property along with adjacent parcels to the east and the south are situated within the lowdensity residential R4 zoning district. Properties to the north and the west fall under the jurisdiction of the city of Charleston. According to the Charleston County records, this property contains a single family residence with three bedrooms constructed in 1954. The applicant proposes to utilize the 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 six guests. As the property is not owner occupied, it does not qualify for a limited home rental and it must be reviewed as an extended home rental in accordance with Zelda requirements. This is the zoning ordinance section pertaining to the STRS and R4 residential zoning district. The 300 foot radius map. The aerial zoomed out aerial. We posted the property on September 17th of 2025. Here are pictures of the subject property. Single family residents and parking adjacent surrounding properties. Hillside Drive, uh, Maic Street, the site plan, tenant notice, and the plat. Regarding the three approval criteria, staff stated that it may meet criteria 1 through three. Based uh 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 STP limited site plan review process. 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. Four, the property owner shall be responsible for ensuring that tenants comply with the Charleston County noise ordinance. Any questions? Any questions of staff? Thank you, Mr. Hair. Is the applicant present?

You were hiding back there. I couldn't see, but the top of your head. Please state your name and address. Edward Lammana. Okay. Please tell us why we should approve your application, sir.

Um, so it's it's a wonderful house in in a great neighborhood for, you know, families to rent. Um, I purchased this house with my family because we just absolutely love Charleston and we do plan to relocate here. Um, but with uh kids in school right now, um, you know, we uh are unable to to move into it yet. So, in the meantime, since we're cohabitating, we'd like to be able to rent it out to similar families. Um, it's perfect for it. Um, you know, two bedrooms with queen beds, um, and a kids room with with bunk beds, ample room for parking. No one will ever be parking on the street. Um, we fenced in the backyard so uh, you know, kids can play in the backyard, pets can can run without disturbing the neighbors or anything like that. Um and uh you know it's just the neighbors that we've met have been absolutely you know wonderful and welcoming and um you know we are using a local property manager uh Brand Branded Hayden with uh Cabbell and Key um property management um it's a great company full service they've been there with us every step of the way I didn't ask them to come here for this um but yeah I mean I just think that it's a it's a great use of the location um and as you can see on the property as the lot behind it is completely vacant right now. Um, you know, so, uh, we anticipate that it's going to be, uh, primarily families renting the property.

Okay. Um, have you ever lived in the house, sir? Uh, yes. So, we spent most of the summer at the house. We're in the house right now. Um, and we've, you know, since we purchased the home in May, we've probably been in the house for a total of, uh, two and a half months. My wife and then myself, you know, a month. Okay. And I'll get to you. Yes, sir. Um, why not do longterm? You know, I have some one family there.

We we want to be able to use it. Um, you know, we want to be down here for we're coming back for Thanksgiving and we're going to spend Christmas here. We we I mean, we've joined a church down here. We we want to be down here as much as possible, but when we're not here, we want people to to, you know, to rent it to help us cover the cost of it and to enjoy it as well. And where is home again? It's in New York. New York. Yeah. And we drive down, so we really like it. No judging. Okay. I'm gonna start over here with Mr. Jordan. Yeah. So, my question, who does the neighbors call at 3:00 a.m.? Say that again. Who do the neighbors call at 3 a.m. with a problem? Oh, that would be Brandon Hayden at uh Cobb and Key Management.

Well, I figured you would say that, but does his recorder answer or is he or somebody going to answer? Oh, no. He answers the phone at 3:00 in the morning. Uh yeah. Yeah, he it's not his only property, but he um he has told me that he's available 24/7 if he hears a recorder. No, the if the phone rings, either himself or someone else. You can tell I don't like recorders when it's time to conduct business. And that's that's who's local. But I will answer the phone. You know, my number will be on a long drive for you to come down.

No, but yeah, but um he will he has assured me that that's part of the and we're we're paying we're paying a you know a nice percentage of the rental income to make sure that he will. What part of New York? Uh, Westchester County. My wife from Melbourne. Oh, yeah. Yeah. Okay. Yes, sir. Mr. Lammano, thank you so much for your time and for driving all the way down here to participate in this public process. That was a pleasure. Um, one point of clarification that I want to ask. I hate to even raise this potential can of worms, but your application asked for eight u maximum occupancy, but our staff write up says six.

Oh, yeah. So, the initial application was filled out incorrectly. I Jennifer emailed me about that and she updated it to six. I'm I'm totally fine with that. All right, good deal. Thank you. That's my only question. Appreciate it. Yes, sir. Yeah. My only question is uh you answered half of it with the property manager, but have you reached out to the neighbor? You said the neighbor behind you there's there's nobody there. It's a vacant lot, but the neighbor

on the lower side, whatever. It's not up here. um lot number 25 on the plat. Uh have you notified them that they're going to be you're doing uh short-term rental and given pro given them their uh property your property manager's phone number aware of noise ordinances and stuff like that. I mean these are the things you that we want to make sure is not a detriment to the neighborhood is one of the criteria. So we want to make sure that that's

I understand I haven't provided them with the property manager's information. Um, but we're very aware of the noise ordinance. We're a pretty low-key family. We plan on having quiet hours at the house, um, as part of the rental agreement when people use it. Um, as as a matter of fact, to kind of discourage, you know, party crowds. Um, you know, my wife, we're not allowed to do this. My wife actually said she doesn't want to rent it to men.

Well, well, nobody's going to put on their rental application they're going to have a massive party there. So, you're going to find that out by surprise. So, what we'd like to do is for you when you hire a property manager is tell your surrounding neighbors, hey, if there are problems, because we're not here and we're in New York, this is who you contact. This is who you call instead of having to look up a website and find out what's going on and and bothering the the county officials with what's going on. So, this is my first time. Do you have Yeah. No, that's fine. That's just that's a suggestion for you to to make things smoother so you don't have any issues down the road. But, yeah, sounds like you're doing everything right. Thank you. Thank you, Mr. Chair. Yes, sir. Anyone else? Thank you so very much for your testimony. Thank you.

All right, I take it y'all for the next case. So, um there's no one else. Anyone else in favor? No. Anyone else in opposition? No. Okay. Case opposed to the public. Board members, do we have any questions of staff? Do we have any general discussion? I'd like to get a motion to either deny or approve this application. Yes, sir. I see your hand.

Motion. I'd be pleased to make a motion to approve this special exception for short-term rental extended uh home rental. Uh the jurisdiction and notice are proper. The law is contained in chapter 6 of Zelda. Uh the criteria set forth in 6.8.2C 1 through 3. All of those have been all those requirements have been met. the um this is compatible with existing uses in the vicinity will will not adversely affect others. There's adequate provision has been made for setbacks, buffering, parking and such. Uh and so that others will not be adversely impacted. This complies with all applicable rules, regulations, and laws. Uh, I would make this motion to approve subject to the four conditions that have been recommended by staff.

Very good. Do I have a second? Miss Smith. Thank you. All right. Once again, any discussion? All those in favor, please indicate by saying I and raise your right hand. I I. It is unanimous. I see the top of your head, but there we go. Congratulations, sir. Your application has been approved. Within 10 days, staff will let you know the next steps in the process. Once again, congratulations and good night, sir. Thank you for your time.

All right, last but not least, Mr. Hair, let's roll on down. So, case BZA092500 897. The applicant and property owner Jason Frigio of Rolina Investments LLC request a special exception to establish a short-term rental property extended home rental at 2359 Rifle Range Road, TMS number 577009 in the east area of Charleston County. The subject property and adjacent properties to the south and the west are located within the special management S3 zoning district while the property to the east is located in the agricultural pres preservation AG10 zoning district and the properties to the north are within the jurisdiction of the town of Mount Pleasant. According to the Charleston County records, the property contains a single family residence with two bedrooms constructed in 1953. The applicant proposes to utilize the residence as an extended home rental by making all two bedrooms available for rent, providing four on-site parking spaces in compliance with the Charleston County zoning and land development regulations ordinance Zeldar and and accommodating a maximum of four guests. As the property is not owner occupied, it does not qualify for a limited home rental and must be reviewed as an extended home rental in accordance with Zeldar requirements. This is the zoning ordinance section pertaining to STRs in the S3 special management zoning district. The 300 foot radius map, the aerial, the zoomed out aerial. We posted the property on September 16th of 2025, pictures of the single family residence, the parking, pictures of adjacent properties, Rifle Range Road,

Tarrington Lane, the site plan, tenant notice, and the plat regarding the three approval criteria. Staff stated that it may meet criteria 1 through three. The board of zoning appeals may approve approve with conditions or deny case based on the BCA's findings of fact unless additional information is deemed necessary to make 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 you shall comply with all requirements of article 6.8. Eight. Three, the property shall not be used as a short terminal for more than 144 days in aggregate during any calendar year. Four, the property owner shall be responsible for ensuring that tenants comply with the Charleston County noise ordinance. Any questions?

Yes, sir. Thank you, Mr. Chair. Um, can you pull up the aerial either the aerial or the I'm I'm looking at the property next door. Really? The I think it's Hamlin. Ham, I'm trying to understand which side of rifle this is on and what is I don't know if it's south or north because I don't know which way of rifle range road this is. So So if you're going towards All Hold on. Can you skip to It's not this one. Keep north of Palms.

Oh. Oh yeah. Yeah. Right there. Either one of those. Either one of those. So which way are we going? If we're going We're going this way. Which way is this? That would be west, would it not? Like southwest. Southwest if you're going this way. Southwest. Well, now I'm really confused because I'm I'm trying to understand what the this parcel is. If you're going up Rifle Ranch towards Allandall, the property sits on the right. Okay. Um, we'll get So, we don't know what that property is for. It says Hamlin LLC. Is that a future development over there? Is Yeah. Yeah. Yeah. So that

that's Yeah, that's what I was trying to figure out what was I mean it really doesn't matter for this application. I'm just trying to understand what that was because it's still a zoning pocket. Um okay, that that's fine. And cultivation lane goes to where? Marsh. Does that go all the way out to the marsh? Towards goes towards Okay. Well, now I know exactly where it is. Okay. Thank you. That's exactly what I need to know. Thank you. Yeah, that's AG10, so it's one dwelling per 10 acres. Yeah. Yeah, that's okay. Thank you. Anyone else?

Okay. Thank you, Mr. Hair. Yes, sir. Please come before us and please state your name and address for the record. My name is Jason Freezia. I live at 2414 Ion Avenue, Sullivan's Island, South Carolina. Um, thank you. Uh, not too many people will probably thank you for going last, but I will as a father of four, and that's my oldest daughter, Nina, who's going to help me manage this property. And one of the things I wanted her to learn about the process of how this gets done. So,

there's not too many 25 year olds that probably would spend their Monday night uh in front of your board meeting, but having it last actually was a positive thing here for her to see all the different interactions. First of all, we'd like to do this. Uh, initially we bought the piece of property and our initial thought was to uh demo the house. Um, we then decided her mother and I uh persuaded or mother persuaded me a little bit that the house actually has really good bones. It was well taken care of. Uh, and it may be an opportunity for her or one of my other three children at some point to be able to reside in the community and in an affordable manner. uh she's not at the position right now to be able to afford to maintain the house for herself, but hopefully her or one of the other kids shortly would be there. So, that's why we're asking for this special exemption is to be able to keep the property um keep it intact, have her help me with some renovation aspects that we'd like to do to the property. Uh you know, interior kind of just tweaking here or there. uh and and we'd like to put it have that uh income uh to be part to maintain the house in its current state. Maybe even improve it somewhat so that maybe at some point people are ready to take the home over and purchase the house or I'm sure at a reduced negotiated rate uh from from her mother and I. So um that's really why we would like to do it. There is um it's an ideal location for a rental. Across the street is the brand new county park. No neighbors. Uh the big AG10 uh piece of property is a uh I'm not sure what they do over there. It's a large working farm and part of it is like a chipping area. So there's quite a

lot of noise during the day when they're chipping up stuff, stumps and trees and whatever mulch. I'm not sure what it is. And then the cultivation lane that you asked about that goes back to the Liberty Hall subdivision. Um there is a Airbnb caddy corner to our property that was uh just redone. The gentleman was actually here earlier. He had a go. He was going to speak in favor of it. Um but he couldn't wait any longer. Um so those are everything I really have to say to be quite honest. All right. Thank you. So

I see she's smiling now. But um only when you said rate that meant money. So that's what a 24 five year old would do. No offense. Um but I take it that and I'm making an assumption that you never lived in the house. Correct. Okay. And you've had it for how long now? Uh, how long have we had it? Yes, sir. Uh, I think we purchased it in July. Okay. July or August. And so it's not too long. June or July. Okay. That's very good. So, no consideration doing longterm. It it just unfortunately with the tax structure and what we paid for the property, it wouldn't the doing longterm probably wouldn't uh support uh just taxes and the insurance alone.

Okay. Uh the other thing I did want to say save your question is I'm a registered uh or licensed real estate broker. I've been for over 20 years. Yeah. For who? Uh we own a uh a palms rental house. Uh we've had that for over 15 years. We manage these things ourselves. My phone is available 247. So, and I live 10 minutes away. What's the name of your company? It's called Rolina Homes. Rolina Homes. It's Carolina. Well, it's CA. Okay. Okay. And of course, I have my assistant, too. She'll handle the 3:00 calls. She has a license. Yeah. She doesn't yet, but she can go over there and tell people to be quiet.

Okay. Now, all right. Any questions on this side? Oh, boy. All right. Mr. Brown, we'll start with you. Um, did I maybe I didn't hear about it, but there's another home on the property. Is that's active or is there something going on with that separate from it looks like a mobile home or something listed on the site plan?

There is a So, we're we're trying to and and she is looking into it more so and trying to reaching out to some neighbors to figure out of what we understand. Um and this is another unique aspect of the property. We again when we first bought it, we were going to think about taking all these down. Uh but the middle property is like a garage looking structure. Um and we come to find out that it back in the day when this property was a the area was much less developed um that that was like the neighborhood kind of store uh for the neighborhood area. So for the six mile area that was was a store that was was um you know serviced the area. It has one area that that towards the back that has much higher ceilings like 20 foot ceilings with a big hook on it and I'm told that's where certain animals were processed.

Oh, okay. Uh for for the neighborhood. So, we're looking at after we get done with this aspect, my wife and I are going to look at probably doing something with that piece of property also. So, it's not part of any of this or part of the rental. It's there. It's existing. It's not Well, sure, but it's not. Yeah. And it would most likely be a personal use type thing. So, again, we'd spend more time there policing if there was any issues in the area. Okay. Thank you. You're welcome.

Thank you, Mr. Chair. Uh, can you pull up the the aerial see what I'm referencing? Uh, one more. Yeah, right there. Right there. So, I guess Tarrington Lane, is that a public road or is that a shared uh property uh rights between a neighborhood type thing? So, I believe it is a countymaintained dirt road, Terrington Lane. Yes. So, because I see the property behind your property uses that to access because you can see the driveway comes off of right in the lower corner. Yeah. And actually, if there was a bigger shot that that road kind of towards me turns kind of like a J and it services another property

kind of. Yeah. So, you're accessing your property off of Terrington Lane, correct? That first curve cut you see. Right. So, that's So, you believe that's a county road? I'm I'm like 99% sure because the county and the only reason I say that for sure is because the county was in there the other day laying sand and Okay, that's good. That's playing in it. I was just making sure we weren't giving access easement to a shared road of for the neighborhood or something like that. That's fine. Thank you, Mr. Chair. Yes, sir. Anyone else? Thank you so very much for your testimony, sir. Thank you. All right. Did did D do all the talking? You want to say anything? your opportunity.

All right. Now you got to earn your keep, right? I know. Um I'm Nina Fabreio. Um your address.

2414 Ion Avenue. I'm back at home. I was living downtown but saving money. Um, the only thing I can really add to what my dad said is, you know, growing up and being from here, um, and wanting to continue to live here and hopefully have a family, um, in this area one day, obviously things have gotten very expensive, which is good. Um, but you know, young people like me who are from here and grew up here and you know, this six mile was one of my bus stops on the way to Wando every morning. Um, you know, we'd like to come back and live in these areas where we grew up. Um, so personally I uh prefer when I see um properties instead of being torn down in a new like million-dollar house built um like they were originally thinking about doing. Um you know, staying affordable and um you know, so that people my age can continue to live in this great area where we grew up. So that's all

good for you. Thank you. Let me ask you a question. Were you in the orchestra at Wando? I was in band. Oh, no, no, no. I'm sorry. I was in band at Moltry, not W. Okay. I was You're the same age as my daughter and I was just trying to Oh, really? What's your name? It's Summer. Summer Ray. Summer Ray. Yeah. But it sounds really, you know, thousand. I just I'm just having these little flashes as you came a little closer. Um, board members, anybody have a question? Mr. Jordan, how about them 3:00 a.m. phone call? You can handle it? Yes, sir.

Like my dad said, they've um managed the property on Palms for years. And I mean, I've seen them go over there, you know, countless times over the years for lots of emergency phone calls. So, I understand what it entails. be a good a good uh crash course in property management getting out at 3:00 a.m. in the morning some problem. Yes, sir. Okay. Well, thank you for your testimony tonight. I just had a comment. I was going to say Mr. uh Mr. Ray and I are both uh familiar with the excellent reputation of your of your business and this is an ideal place for a short-term rental from my perspective.

Thank you. Couldn't be better. Agree. Mr. Mr. Brown, you want to say something? No, I just have allergies and cleared my throat. Sorry. Okay. Make a motion. Okay. Thank you so much. All right. There's nobody else in the room. Um, but I'll have to say it anyway for the record. Anyone else to approve? Anyone else speak in favor? There's no one else. Okay. Case closed. Anyone else oppose? Case closed to the public. We got hands over here. I can't speak that fast, but go ahead. Make a motion. We're ready to go. motion. Make a motion. I'll be glad to make a motion. Mr. Brown. Mr. Brown. Either way.

Um, for BZA case 092500897 to establish a short-term rental. I I can What you got?

I can follow. I think right here. Um, I make a motion that we approve um this case. Uh, is compatible with existing uses in the vicinity, will not adversely affect welfare character. I believe we've established that. Um for number two, uh adequate provisions been made for setbacks, buffering. I believe based on the size of the property and and everything, we can handle that as well and complies with all applicable rules, regulations, laws, and standards of this ordinance. Believe this um meets all those requirements as well. Um so my motion is to approve that along with the um recommend four recommendations by staff. Very good. Do I have a second?

Second. Okay, Mr. Chisel. Thank you. All right. Any questions? Any any discussion? Okay, we're carried into a vote. All those in favor, please indicate by saying I and raise your right hand. I It is unanimous. It carries. Very good. Congratulations, young lady. Your application has been approved. Within 10 days, you will be getting information from staff letting you know the next steps in the process. Once again, congratulations and good night. Mr. Chair, do you does does anybody beside me and the applicant know why the community and you I think know why it's called six mile? Yes. Yes. Well, okay. Okay. All right. One, two, three, four, five. Yep.

Six miles from the river. All right. Miss working for my pleasure. All right. Um, just want to say a couple things about our last meeting. Just to inform you guys that, um, the no-show we had, he was literally just a no-show. Like, cuz I had emailed that night and he didn't write back and Cole called him. He didn't want to do it anymore. So, thank you for wasting my time, your time. Everyone's done.

Okay. So, that was that. So, that one's going away. They they can't apply again for another year. Um and then the one you denied with the pool, he's revising his plans. So to make get the pool and fence fit, um the one that uh you deferred for the side and front setback, he changed his plans and I got him on the November agenda. So he's the one old business case. He revised it to make it um less of a variance on the side and no variance in the front. Just want to let you know because it's kind of funny like some of these things that happen after the meeting. have the old application or at least an old drawing of what he changed it from. I can do that as a reference so we can might hit a nerve and remember what we did. Yeah. Yeah. Yeah, I can do that.

That would help. Yeah, sure. Um and then just like in general, I was going to ask um because I'm getting the schedule ready for next year. I usually have that ready for you at the November meeting. I provide you a copy of the draft schedule. would you guys want to um just start at four instead of going back and forth and then we would only start at five on the months that were the second um Monday of the month. So like September would be five o'clock because um we have plan of commission. Plan commission. Yeah. So I don't know your thoughts or if you guys want to email me your thoughts. I don't like getting home at 9:00 but uh this is much better.

Yeah. Uh it is unfortunate that well it's not unfortunate. It's good that Charleston County is growing but seem like we've been slammed with 10 cases every meeting and I don't think you're going to get away with it unless we have two meetings. So I I don't see where we're going to have a choice. Yeah. Do four o'clock and we make it. We make it. So that's that's the new standard then we're saying is four o'clock.

Well, I'm asking Yeah, because I'm I'm getting the schedule ready for for next year for you guys to look at. Um, and I'll also have you look at the second what the times that the second um falls on because sometimes like July it's kind of close to the fourth but yeah. So we just can talk about those and make sure I just want to make sure people um are willing to come. At least we have five people. I I don't see a problem with it. Does anyone see a problem meeting at four? Can I ask a question? And I don't know if this is part of the official thing or not, but um on all of these cases, it would be very helpful to have a location map within the county

of some degree. Could we add that to the further out? Yeah. Yeah. So it shows it doesn't need to be the entire county because it's so long road. It could be anywhere on Folly Road. It could be close to Folly Beach or right there. Yeah. Can we get some kind of location with some um Great point. Something that can help us locate like a little star where Okay. Yeah. Yeah, we can do that. That would be great. Thank you. Okay. Anything else? Um that's it. And then everyone I know is going to complete their training. I'll have more information tomorrow about the council training because I don't know a lot about it yet. Does that Does that council train stuff that we have to do for an hour? Does that count towards our

That's a good question. That's something I'm going to ask tomorrow. Lawyer, does that count? We don't I don't know what they're doing, so I need to I don't I'll ask them tomorrow. That would be good. It'd be nice if we get credit for an hour. I agree. But I just don't know yet. I need to talk to them and I'm we're we're doing the training, I guess, tomorrow as staff are doing. Thank you. We'll see. Thank you all. We'll let you know. Thank you. Thank you. Thank you. Good job. Yeah. leaving and I love your every bit of it.