Kiawah Island BZA Meeting · 2016-12-07 · 15 to be three of the four to grant the Variance 16...

Deposition of Kiawah Island BZA Meeting 1

Clark and Associates Inc.

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5 TOWN OF KIAWAH ISLAND 6 BOARD OF ZONING APPEALS MEETING 7 AUGUST 18, 2014

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9 DATE: AUGUST 18, 2014 10 TIME: 4 P.M. 11 LOCATION: KIAWAH ISLAND TOWN HALL

KIAWAH ISLAND, SOUTH CAROLINA 12

REPORTED BY: RONDA K. BLANTON, RPR 13 NCRA REGISTERED PROFESSIONAL

REPORTER 14 CLARK & ASSOCIATES, INC.

P.O. BOX 73129 15 CHARLESTON, SC 29415

843-762-6294 16 [email protected]

WWW.CLARK-ASSOCIATES.COM 17

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1 A P P E A R A N C E S 2 Board of Zoning Appeals Members: 3 Charles Larsen

Thomas Burke 4 Randy Gilmore

Jack Braden 5

Counsel: 6

Dennis Rhoad 7

Staff Members: 8

Sally Brooks 9

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1 P R O C E E D I N G S

2 MR. LARSEN: I would like to call the --

3 to order the August 18, 2014, meeting of the Town

4 of Kiawah Island Board of Zoning Appeals. The

5 Board members who will hear your case today are

6 Randy Gilmore; Jack Braden; Tom Burke; and

7 myself, Charlie Larsen. Staff members present

8 are Jenny Werking, and Dennis Rhoad is our

9 attorney for the BZA.

10 Our case rulings from this and any BZA

11 meeting are available for public review and

12 inspection during normal business hours at the

13 Town Hall.

14 At this time I'd like to explain the

15 workings to the public of the BZA. The Board of

16 Zoning Appeals is a quasi-judicial body

17 established to interpret and grant relief in the

18 Zoning Ordinance. The Board of Zoning Appeals

19 has jurisdiction over three types of cases:

20 Appeals, Variances, and Special Exceptions.

21 Appeals are heard regarding

22 administrative actions or decisions by the Zoning

23 Administrator or Staff. Variances, which are

24 what we have today, may be granted when strict

25 application of the Zoning Ordinance would cause



1 unnecessary hardship. The Board's actions must

2 be based on specific standards as contained in

3 the South Carolina Local Government Planning

4 Enabling Act of 1994 and the Town of Kiawah

5 Island Zoning Ordinance.

6 There are also Special Exceptions.

7 These allow the Board to permit uses if certain

8 conditions as contained in the Zoning Ordinance

9 are met.

10 A simple majority vote of the quorum

11 present is required to grant a Variance or to

12 overturn the decision of the Zoning Administrator

13 or an appeal or to grant a Special Exception.

14 And if there are four of us here, it would have

15 to be three of the four to grant the Variance

16 since it's a --

17 MR. RHOAD: Correct. A tie is a --

18 MR. LARSEN: Correct.

19 Because today's hearing is a public

20 fact-finding meeting, we are in compliance with

21 the Freedom of Information Act and the South

22 Carolina Code 6-29-70. 15 days prior to this

23 hearing, an announcement was printed in the Post

24 & Courier; a sign was posted on or near the

25 designated property; and a notice was mailed to



1 the applicant or representative, to residents

2 within 300 feet of the application, and to

3 parties of interest.

4 Persons, organizations, and the news

5 media who have requested declaration of our

6 meeting have also been notified. The Freedom of

7 Information Act does not require notification of

8 anyone other than the applicant and the parties

9 of interest.

10 Our purpose today is for interested

11 parties to be heard in order to assist the Board

12 in gathering evidence pertinent to each case. If

13 the members of the BZA feel the need for further

14 information to clarify a case, the Board has

15 authority to subpoena witnesses. In addition to

16 your testimony, our Board has been presented

17 written information submitted to the Staff by the

18 applicant or their agent for each case.

19 This information is now considered to be

20 evidence and is entered into the permanent record

21 of this body. It is assumed that it is complete,

22 true, and accurate. Also we have been presented

23 data assembled by the Staff for the purpose of

24 clarifying the location and the effect on the

25 surrounding property.



1 Our Board is empowered to approve,

2 approve with conditions, or to deny your request.

3 We are also authorized to defer a case should

4 there be a need to attain additional information.

5 If an applicant's request is approved

6 for a Special Exception, a Variance, or an Appeal

7 of the decision of the Zoning Administrator, they

8 must go to the Town of Kiawah Island to apply for

9 permits. Variances and Special Exceptions

10 granted by the BZA are valid for 12 months after

11 this meeting.

12 However, if an applicant's request is

13 disapproved and they wish to appeal the decision

14 of this Board concerning their case, appeals must

15 be addressed to the Circuit Court. South

16 Carolina Code 6-29-820 states that the appeal

17 must be filed by the applicant within 30 days

18 after the decision of the Board is mailed to

19 them. Failure to file an appeal within that time

20 limit deprives the Court of the jurisdiction to

21 hear the matter.

22 Because this is a quasi-judicial body,

23 everything said in this meeting must be complete,

24 true, and accurate. All of the information

25 provided to the BZA is concerned -- considered



1 evidence. And this Board may certify contempt of

2 Circuit Court if false statements are made,

3 either in writing or orally.

4 Because of this, each person who wishes

5 to address the Board today will be sworn in. In

6 order to expedite the procedure, those wishing to

7 speak will stand as a group. Mr. Rhoad will

8 administer the oath, and that would be to both

9 cases. So anyone that's going to speak today,

10 please stand and take the oath.

11 (Mr. Rhoad swears in all witnesses.)

12 MR. RHOAD: Very good.

13 MR. LARSEN: I shall now call Case

14 BZAV-7-14-18913 at 233 Glen Abbey. Staff will

15 present the facts pertinent to the case. I shall

16 then call the applicant to address the case. The

17 applicant shall please stand and state his name

18 and current address for the record before

19 presenting testimony.

20 I will then ask for all those speaking

21 either in support or against the case, and they

22 shall follow the same procedure for identifying

23 themselves and are limited to two minutes. The

24 applicant will also have two minutes for

25 rebuttal.



1 Thank you.

2 MS. WERKING: The applicant, R. Justin

3 Smith, is representing the owner, Rory Harrison,

4 in requesting a Variance for the reduction of the

5 required 30-foot rear yard setback from the golf

6 course for approximately -- is that on? 254

7 square feet encroachment of -- they're asking for

8 a Variance for the reduction of the required

9 30-foot rear yard setback from the golf course

10 for approximately 254 square feet encroachment of

11 a proposed swimming pool and deck at 233 Glen

12 Abbey, and that's TMS 264-14-00-084.

13 The subject property and surrounding

14 properties to the south, east, and west are

15 located in the R1 Residential Zoning District

16 within the Developed Lands of Kiawah Island. To

17 the north the subject property is bordered by the

18 Turtle Point Golf Course.

19 The Kiawah Island Land Use Planning and

20 Zoning Ordinance requires a 25-foot front yard

21 setback from Glen Abbey, 15-foot side yard

22 setbacks from adjacent lots, and a 30-foot rear

23 yard setback from the golf course with an allowed

24 maximum lot coverage of 33 percent. The subject

25 property is 0.4 acres in size, and the existing



1 home was built in 1982 per Charleston County

2 records.

3 The applicant's Letter of Intent

4 explains that the property has several existing

5 conditions that are nonconforming to the

6 Ordinance requirements such as: There are two

7 curb cuts, the site exceeds maximum lot coverage

8 requirements, the structure encroaches into the

9 required rear yard setback, and the HVAC platform

10 within the buildable area encroaches into the

11 required side yard setback and does not meet FEMA

12 requirements. The applicant is proposing to

13 reduce the driveway to one curb cut, bring the

14 HVAC platform within the buildable area and raise

15 it above the BFE, in quotes, remove rear bay and

16 decks in disarray, end quote.

17 The applicant also proposes to decrease

18 the lot coverage on the lot. The existing lot

19 coverage is 33.67 percent. The proposed lot

20 coverage is 31.7 percent, a reduction of 296

21 square feet.

22 The Kiawah Island Architectural Review

23 Board Variance Request Letter dated June 20,

24 2014, states, in quotes, the Board reviewed the

25 submitted Variance and has the following



1 comments: The proposed Variance for the pool and

2 decking to extend out to a maximum of 10 feet in

3 rear is approved due to the Grand Oak tree impact

4 on the location of the home, contingent upon

5 existing and noncompliant items being corrected.

6 The ARB will also require landscaping to be

7 installed at the rear as a visual buffer from the

8 golf course, the diagonal lattice to be replaced

9 with vertical or horizontal lattice, and the

10 second curb cut to be removed.

11 A site visit was conducted on July 30,

12 2014, at which time the following determinations

13 were made regarding the Approval Criteria for

14 Variances as stated in Chapter 12 of the Town of

15 Kiawah Island Land Use Planning and Zoning

16 Ordinance, Article II, Division 5, Section

17 12-163.(4):

18 Findings of Fact:

19 The BZA may grant a Variance only if

20 exceptional circumstances exist and where

21 practical difficulty or unnecessary hardship is

22 so substantial, serious, and compelling that

23 relaxation of the general restrictions ought to

24 be granted. No Variance shall be granted unless

25 the applicant shall show and the BZA shall find



1 that:

2 Criteria A: There are extraordinary and

3 exceptional conditions pertaining to the

4 particular piece of property.

5 Staff's response: There may be

6 exceptional conditions due to the nonconforming

7 status of the existing screened-in porch and deck

8 steps and landing encroaching into the required

9 rear yard setback and existing HVAC platform

10 encroaching into the required side yard setback.

11 The existing home was built in 1982, per

12 Charleston County records. Additionally, the

13 applicant's Letter of Intent states, in quotes,

14 this lot presents extraordinary and exceptional

15 conditions because of the 31-inch Grand Live Oak

16 located at the center of the property. The

17 location of this tree caused the original home to

18 be placed at the rear of the buildable area, end

19 quote.

20 Criteria B: These conditions do not

21 generally apply to other properties in the

22 vicinity.

23 Staff's response: Adjacent homes were

24 built in 1993 and 1994, per Charleston County

25 records, and may or may not have similar



1 encroachments based on the current setback

2 standards.

3 C: Because of these conditions, the

4 application of this Ordinance to the particular

5 piece of property would effectively prohibit or

6 unreasonably restrict the utilization of the

7 property.

8 Staff's response: The application of

9 this Ordinance to 233 Glen Abbey would not

10 prohibit the utilization of the property;

11 however, the location of the existing deck

12 against the rear setback limits the expansion of

13 the deck and the swimming pool.

14 Criteria D: The authorization of a

15 Variance will not be of substantial detriment to

16 adjacent property or to the public good, and the

17 character of the Zoning District will not be

18 harmed by the granting of the Variance.

19 Staff's response: The authorization of

20 this Variance may not be substantial detriment to

21 the adjacent properties, and the character of the

22 Zoning District may not be harmed by granting

23 this Variance. The applicant's Letter of Intent

24 contends, in quotes, the lot has a nice buffer

25 with the golf course beyond; and with proper



1 vegetation, we would like to maintain the natural

2 setting in the rear of the lot.

3 Criteria E: The Board of Zoning Appeals

4 shall not grant a Variance the effect of which

5 would be to allow the establishment of a use not

6 otherwise permitted in a Zoning District, to

7 extend physically a nonconforming use of land, or

8 to change the Zoning District boundaries shown on

9 the official zoning map.

10 Staff's response: Granting of this

11 Variance would not allow the establishment of a

12 use not otherwise permitted in this Zoning

13 District, extend physically a nonconforming use

14 of land, or change the Zoning District

15 boundaries.

16 F: The fact the property may be

17 utilized more profitably should a Variance be

18 granted may not be considered grounds for a

19 variance.

20 Staff's response: The BZA may not

21 consider profitability when considering this

22 Variance request.

23 G: The need for the Variance shall not

24 be the result of the applicant's own actions.

25 Staff's response: The need for the



1 Variance may not be the result of the applicant's

2 own actions. The applicant's Letter of Intent

3 contents, in quotes, this is not a retroactive

4 request as no work has been done on the property

5 to date, other than the demolition of the

6 interior, end quote.

7 Criteria H: The granting of the

8 Variance will not be contrary to the public or

9 neighborhood interest nor will not adversely

10 affect other property in the vicinity nor

11 interfere with the harmony, spirit, intent, and

12 purpose of these regulations.


14 Variance may not be contrary to the public or

15 neighborhood interest, may not adversely affect

16 other property in the vicinity, nor interfere

17 with the harmony, spirit, intent, and purpose of

18 these regulations. The KIARB approved the

19 Variance with conditions on June 20, 2014,

20 contingent upon existing noncompliant items being

21 corrected, end quote.

22 Criteria I: Granting of the Variance

23 does not substantially conflict with the

24 Comprehensive Plan or the purposes of this

25 Ordinance.




2 Variance may not substantially conflict with the


4 Ordinance. The -- the proposed improvements

5 reduce the amount of lot coverage on the site by

6 290 square feet -- 296 square feet, reduce the

7 driveway to one curb cut, bring the HVAC platform

8 within the buildable area and raise it above BFE,

9 and improve the existing rear deck.

10 Action: The Board of Zoning Appeals may

11 approve, approve with conditions, or deny Case

12 BZAV-7-14-18913 based on the Findings of Fact

13 unless additional information is deemed necessary

14 to make an informed decision.

15 And as you probably know, the clerk

16 e-mailed you a letter from the property owner --

17 the adjacent property owner 232, and his

18 attorney's here today to speak on his behalf.

19 Do you have any questions of Staff?

20 MR. LARSEN: Do you have any questions

21 for Jenny?

22 What did the Staff mean -- I guess it's

23 the applicant's letter that you must have thought

24 it had some substance where you say, this is not

25 a -- this is on 4G. This is not a retroactive



1 request because no work has been done other than

2 the demolition of the interior.

3 MS. WERKING: Yeah. What I think

4 they're saying is that, I guess, that they're

5 asking for the Variance before doing the work.

6 That's the main thing that that means.

7 MR. LARSEN: Well, I guess the fact that

8 you mentioned it, it seemed like it was -- the --

9 okay.

10 MS. WERKING: And the fact that, you

11 know, they had a current existing situation with

12 the house currently in the setback.

13 MR. LARSEN: Any other questions for

14 Jenny?

15 (No response.)

16 MR. LARSEN: Okay. Thank you.

17 Then whoever is speaking for the

18 applicant, if they would please stand up and

19 state your name and address. And you can use the

20 microphone that's not --

21 MR. SMITH: Here or there, or does it

22 matter? I brought this. (Indicating.) It's

23 larger.

24 My name's Justin Smith. I'm with Vinyet

25 Architecture at 329 East Bay Street in



1 Charleston, 29401.

2 To answer, the Staff report pretty much

3 covered all our bases. So I feel we -- we wrote

4 a Letter of Intent and basically laid out our

5 goals and ideas on this property.

6 To answer Mr. Larsen's comment,

7 basically what we're -- we're just addressing the

8 finding to grant the Variance, the finding

9 basically saying it's not -- we didn't -- we

10 didn't cause something to happen. We're asking

11 for it before. We didn't pour a slab over the

12 setback; and it's like, oh, no. We're just

13 trying to get the Variance prior to moving

14 forward.

15 But other than that, I mean, the -- the

16 Staff's findings, I feel, lay it out pretty well.

17 If y'all have any questions or comments, I'm here

18 to answer them.

19 MR. BURKE: How long has the owner owned

20 the property?

21 MR. SMITH: Actually, I'm the architect

22 representing the owner; and the builder is here

23 as well.

24 BUILDER: He bought it approximately

25 three months ago, I think.



1 MR. LARSEN: Three months?

2 BUILDER: Yeah, something like that.

3 MR. GILMORE: The lot savings, the

4 coverage savings --

5 MR. SMITH: Yes, sir.

6 MR. GILMORE: -- predominantly getting

7 rid of half the horseshoe driveway, huh?

8 MR. SMITH: Uh-huh, yes.

9 MR. GILMORE: Because you're pulling the

10 air conditioning up front.

11 MR. SMITH: And it's over size now. And

12 to that point, the lot itself, I mean, if y'all

13 had a chance to visit the lot, I mean, it has a

14 lot of trees on the front end of it, which is the

15 31-inch oak which is what made it push back so

16 far. And even that drive, I mean, it's narrow

17 and kind of winds. That is where all that lot

18 coverage improvement comes from.

19 MR. GILMORE: Do you happen to know

20 where that 31 footer -- 31-inch tree sits in

21 relation to the length of the lot? I know it --

22 I was going to measure it, and I got to

23 thinking --

24 MR. SMITH: You mean the actual

25 measurement?



1 MR. GILMORE: Yeah. It's like --

2 MR. SMITH: It's about -- I mean, this

3 is it right here. (Indicating.)

4 BUILDER: Maybe 2 feet from the actual

5 deck.

6 MR. SMITH: Yeah.

7 MR. GILMORE: No, no. I mean, it's

8 basically in the center of the lot?


10 MR. GILMORE: But if I could drag my

11 tape, I would be in the center of the lot. It

12 would be virtually in the center; right?


14 MR. GILMORE: Which forced the original

15 home to be moved toward the back of the lot.

16 MR. SMITH: That's right. But also I

17 would argue that even in today's standards, and

18 if we were to have this -- this site just as is

19 with nothing on it, that would be a very

20 difficult build to do on this lot with that tree

21 existing. We would need a Variance to remove

22 that tree, most likely.

23 MR. GILMORE: Yeah. The tree is the

24 dominant feature of the lot.

25 BUILDER: There's a very large magnolia



1 to the right also coupled with the oak so

2 there's --

3 MR. GILMORE: Magnolia could come down.

4 The oak, I don't think, could come down.

5 BUILDER: Right.

6 MR. GILMORE: Thanks. I thought it

7 was -- my visual was that it was in the center of

8 lot.

9 MR. SMITH: Yes, sir. It's pretty

10 close.

11 MR. GILMORE: The side -- I can walk the

12 sides. I can see that, but the length was what I

13 wasn't quite sure of.

14 MR. SMITH: Yes, sir. And one of the

15 other arguments that we're making is the lot --

16 or it appears the lot is deeper than it truly is

17 as well because it feels like the vegetative

18 buffer continues on past the lot. So that was

19 kind of where we were going with one of these

20 findings.

21 MR. BRADEN: Did you -- did you make any

22 effort to contact the neighbors, particularly the

23 one who's objecting?

24 MR. SMITH: No, sir. This is the first

25 I saw the letter. I didn't -- I did not know.



1 MR. BRADEN: What about the resort and

2 the golf course?

3 MR. SMITH: No, sir.

4 MR. BRADEN: No effort to talk to them

5 also?

6 MR. SMITH: No, sir. We submitted to

7 the ARB to kind of get -- that was our first

8 step, just to see if it was even design wise

9 feasible; and then the next step for us was to

10 get a Variance.

11 MR. LARSEN: And the letter from the ARB

12 that listed the things on the visual buffer with

13 the golf course, you state that there's a buffer

14 there now as it is; but it's just the palms, the

15 smaller palms.


17 MR. LARSEN: What are the plans?

18 MR. SMITH: Well, we're going for a

19 Major Improvement Review. This -- the review

20 that we got, I don't even know if there is a

21 review name for it. They're kind of a

22 preliminary Major Improvement Review. So they

23 basically gave us their blessing.

24 Once we go through that Major

25 Improvement Review, then that full Landscape Plan



1 will be designed for that back portion; and as

2 you see now if you look at the survey, there's

3 not a lot of -- I don't think there's any grand

4 trees but, you know. There's not a lot of

5 hardwoods back there as there are -- I mean,

6 currently. So a full comprehensive Landscape

7 Plan will be part of our next move to the ARB if

8 we move forward.

9 MR. LARSEN: Okay.

10 MR. BURKE: For what it's worth, while I

11 was at the site this morning, there were actually

12 three golfers or four golfers on the tee; and

13 basically you could just see the tops of their

14 heads standing --

15 MR. LARSEN: Stand from the deck --

16 MR. BRADEN: If you got on the deck.

17 MR. BURKE: On the ground.

18 MR. BRADEN: If you got on the deck, you

19 could see it.

20 MR. BURKE: You could see it, yeah.

21 MR. LARSEN: Okay. If there are no more

22 questions, thank you very much.

23 MR. SMITH: Thank you.

24 MR. LARSEN: Is there anyone who would

25 like to speak against this -- the Variance?



1 MR. YOUNG: I would.

2 MR. LARSEN: Okay. Please introduce

3 yourself, and state your name and address.

4 MR. YOUNG: Yeah. Thank you.

5 My name is Rutledge Young; and I'm a

6 lawyer for Jim McLaughlin and Jill McLaughlin,

7 who are the neighbors immediately -- looking on

8 this diagram, they're right up here, I guess,

9 just above the house. (Indicating.)

10 MR. LARSEN: 232?

11 MR. YOUNG: 232, yes, sir. And I just

12 want to start in reverse order.

13 One of the things you just mentioned or

14 one of the things I certainly know about the --

15 the Comprehensive Plan and the zoning that y'all

16 have out here is that the burden is on the person

17 that wants the Variance and in this case, the

18 applicant.

19 And in listening to the Staff's

20 recommendations -- and I want to compliment the

21 Staff where they've been very helpful to us as

22 we've gotten things together.

23 But in listening to their

24 recommendations, I don't believe that any of

25 their recommendations are in support of this



1 particular application. The Staff's, you know,

2 sort of report says these things may or may not

3 impact things one way or the other; and I can

4 certainly refer directly to it. But the Staff is

5 not here before y'all today saying, "We are in

6 full support of this application." The Staff is

7 rather sort of reporting on what's going on out

8 there.

9 And in this circumstance, like you

10 mentioned, my clients were not provided with

11 notice before the ARB hearing. They weren't even

12 aware that it was going on and they -- the

13 applicants have not come forward with a

14 comprehensive Landscape Plan, and they're looking

15 to make some changes based primarily on this one

16 oak tree.

17 And my clients have owned their house

18 since back in 2009, and what they're worried

19 about is if you were to permit a Variance here

20 before you knew what all was going to go on; and,

21 again, the burden is on them. What they've asked

22 is if you move this setback 10 feet closer to the

23 tee box that Mr. Burke just mentioned; and my

24 understanding is that this would be an elevated

25 pool, although I seem to be corrected about that.



1 Okay. So the pool would be a deck with a pool

2 above it, and it would come out about 10 feet

3 beyond the existing back of the house.

4 You can't see it from this vantage

5 point, but I know y'all have been out there. My

6 client's house is -- it's in total conformity

7 with the existing setbacks, as is the other house

8 that's over here. Y'all might have noticed it's

9 a little bit sort of more modern. It's got

10 double-story porches and all; and if this comes

11 out this way, what he's concerned about is he's

12 going to be on his back deck and his views up and

13 down the golf course are going to be impacted by

14 the encroachment. That would go back, you know,

15 as much as 10 feet beyond the existing zoning

16 line.

17 It's a very small lot, as y'all have

18 been out there. It's not one of these bigger

19 lots on Kiawah, and I don't think that -- we've

20 submitted a letter from me and a letter from my

21 client that we'd certainly like to have

22 incorporated into the record, but the main point

23 that -- that we wanted to make is that it doesn't

24 seem like it's an unnecessary hardship if this

25 Variance isn't granted.



1 Sitting here this afternoon, what it

2 sounds like is the -- the owner, to his credit,

3 wants to fix up this house; and that's fantastic.

4 But what they've decided is let's see what's the

5 most we can get approved. And if we can get it

6 approved, we're going to do it; and if we can't,

7 we'll do something else.

8 And in light of all of the, you know,

9 the -- the goals of the Comprehensive Plan are

10 really to set a uniform standard so that when you

11 come out to Kiawah, you know what you're going to

12 get; and you know what you can expect, and that's

13 exactly what my client did when he bought his

14 house in 2009.

15 He lives in Charlotte. He happens to be

16 a lawyer up at Moore & Van Allen up there, and he

17 comes up here for vacation; and he rents his

18 house out sometimes. And he's worried that if --

19 if you let this happen, it's going to impact

20 negatively his property values and his use and

21 enjoyment of his property and the things that he

22 depended on and counted on when he bought his

23 house -- now it's been five or six years ago.

24 So that's the primary reason that --

25 that he's got an objection to it. He feels like



1 he -- these folks have not come forward with any

2 real particular special circumstances. There are

3 a lot of lots on Kiawah. A lot of them have big

4 trees. This house was built the way that it was

5 built back in 1982, and what they're asking for

6 is a Special Exception without meeting all of the

7 stated burdens; and so I'd defer over to our

8 letter where we sort of set that out, but that's

9 the primary objection. He's really worried about

10 getting out in front of his view.

11 MR. LARSEN: I wish Mr. McLaughlin or

12 one of them were here because I'd like to ask

13 them which is worse? To have nothing done to

14 this house for the neighborhood? Or have them do

15 something to spruce up their house in the

16 neighborhood?

17 MR. YOUNG: Well, I can tell you, he

18 certainly wishes he can be here too.

19 Unfortunately, we got notice of all this stuff;

20 and I just got involved I think the day that I

21 wrote the letter because -- and he's in Hong Kong

22 on business, otherwise he would be here. It's

23 certainly very important to him.

24 But he welcomes the improvement to the

25 house. I think I can speak plainly to that.



1 Those of y'all that have been out there, you can

2 tell it needs some work. It sounds like a very

3 conscientious owner that's purchased it, and he's

4 looking at making some nice improvements to it

5 that will be good for the whole neighborhood.

6 But the request to put a pool on here,

7 as y'all know, this is a little bit unique and

8 unusual for Kiawah. Pools are not, as far as I

9 know, the -- the sort of run-of-the-mill. And

10 they've suggested in their application that what

11 they really want to do is improve the sort of

12 outdoor use of the house to bring it kind of into

13 modern, you know, preferences or modern

14 pendencies or what have you. And I don't feel

15 like or certainly we don't feel like that's the

16 kind of thing that's contemplated by the

17 Variance, the exceptions that you all have. And

18 I would be happy to answer any questions y'all

19 might have.

20 MR. LARSEN: Any other questions?

21 (No response.)

22 MR. BRADEN: Why don't we give him the

23 opportunity to respond to his comments.

24 MR. LARSEN: I'm sorry. What?

25 MR. BRADEN: Let the architect --



1 applicant tell us the reaction to the --

2 MR. LARSEN: Okay. Do you have any --

3 would you like to make a rebuttal? And then we

4 wanted to ask the builder a question.

5 MR. SMITH: Okay, yeah. I'll tell you,

6 we didn't notify him because we -- I mean, we

7 followed protocol. It wasn't our duty to do it.

8 It's the Staff's. That's just how -- how it

9 works. We didn't do it to keep anything from

10 anyone. We've done everything by the book, and

11 that's what we're trying to do.

12 And I will say that I'm actually very

13 shocked when I saw -- the first time I saw the

14 letter was when I sat down here. I thought for

15 sure it would be the property owner down here.

16 (Indicating.) No idea it would be that one

17 because from -- from my vantage point and from my

18 experience, that's a roof over that right there

19 existing over the setback. (Indicating.)

20 It has -- this has no bearing on view

21 corridors from this house if he's in compliance

22 with the setback. I don't know. But I'm just

23 saying, from my vantage point and from my -- my

24 view, I don't see how this property owner --

25 it -- it would view -- it would make more sense



1 to me they would want something to happen because

2 of this massive HVAC bed. (Indicating.) But, I

3 mean, I'm just -- I was shocked to find out that

4 was the neighbor that wrote that letter. So

5 that -- that's really kind of -- he -- he even

6 said what we're doing will better the

7 neighborhood. I mean, that was what he -- his

8 quote was.

9 So, I mean, we're trying to be up front

10 and just about it; and in today's market and

11 today's client that's moving to Kiawah, outdoor

12 living is very, very important.

13 MR. LARSEN: Not on days like today.

14 MR. SMITH: You're right. So, I mean,

15 that's what we're trying to do. We're trying to

16 enhance the value of the property, in turn,

17 enhancing the value of the entire street. So

18 that's our goal. It's not to do anything and

19 block corridors.

20 MR. LARSEN: Thank you.

21 MR. BURKE: I have a quick question. I

22 saw you shake your head, but I didn't hear you

23 say the pool will be elevated.

24 MR. SMITH: It is elevated, yes, sir.

25 MR. BURKE: Okay.



1 MR. GILMORE: That's my question.

2 What's the elevation of the pool deck? Of the

3 pool deck?

4 MR. SMITH: The height?

5 MR. GILMORE: Yeah.

6 MR. SMITH: What that does is it'll be 4

7 inches below the finished floor elevation or

8 below the --

9 BUILDER: Finished floor elevation. 4

10 inches below what the finish floored elevation of

11 the house is. It's roughly 11, 12 feet.

12 MR. SMITH: And just so you know --

13 MR. GILMORE: It's not -- my question:

14 It's not stepped down.

15 MR. SMITH: No, sir.

16 MR. GILMORE: I've got the same thing.

17 My pool deck is 6 foot. It's less than my deck.

18 BUILDER: Oh, I got you.

19 MR. GILMORE: The pool went in in the

20 '80s.

21 MR. SMITH: I also do want to point out

22 that we -- the 11 by 20 seems like kind of an

23 arbitrary size of a pool; but that was done in

24 conjunction with speaking with a pool company and

25 the width of the pool, the minimum width that



1 they feel comfortable when kids are jumping into

2 it.

3 So, I mean, we -- 11 feet is not by any

4 stretch, that's the minimum that they recommend

5 that we make a pool; and that's why we maxed out

6 at 10 feet over the setback. Does that make

7 sense?

8 MR. LARSEN: Okay. Any other questions?

9 MR. YOUNG: If I'm permitted, I just

10 have a brief question.

11 MR. LARSEN: A question or a rebuttal to

12 the rebuttal?

13 MR. YOUNG: No, sir, just a question.

14 MR. SMITH: For me or for them?

15 MR. YOUNG: For you. In light of your

16 comments at this time, I'm just curious. The

17 other neighbor, have y'all spoken to him? You

18 said he would be more likely to object.

19 MR. SMITH: I would just think his view

20 corridor is more affected by the -- because of

21 the L shape of the house, and there's cover over

22 in this already. That was just my thinking.

23 (Indicating.)

24 MR. YOUNG: Have y'all communicated with

25 him?



1 MR. SMITH: We have not communicated

2 with anyone.

3 MR. YOUNG: That was my only question.

4 Thank you.


6 Yes. I was going ask if there was

7 anybody else who was going to speak for or

8 against the Variance?

9 MS. MOLE: I'd like to offer some

10 clarifications.

11 MR. LARSEN: Okay. Please do. Always

12 helpful, Amanda.

13 MS. MOLE: Amanda Mole, oversight of the

14 Architectural Review Board for Kiawah.

15 Just wanted to make a few

16 clarifications. I don't really speak for or

17 against, you know. We, obviously, the ARB felt

18 that the Variance was approvable from our

19 perspective; but I did want to clarify a few of

20 the reasons behind that.

21 One, trees are the major reason we would

22 grant a Variance; and so that's not uncommon.

23 That is the central reason we would grant one.

24 And we also felt that the improvements

25 were a benefit to the neighborhood, that that was



1 a -- a win-win from our perspective because we

2 are very interested in seeing the -- the older

3 homes come more into compliance so that we

4 thought this was a good opportunity for that.

5 The ARB review is private so there's no

6 notice required, and we do protect the privacy

7 basically of our applicants. It's a private

8 review since it's a -- we're part of the private

9 developer.

10 And I guess last but not least, pools

11 are a very, very common and popular request for

12 homes, especially existing homes that don't have

13 them.

14 MR. LARSEN: Okay.

15 MS. MOLE: Any questions or --


17 MS. MOLE: Thank you.

18 BUILDER: Did you have a question for --

19 MR. LARSEN: I think you got answered.

20 MR. GILMORE: That was the elevation is

21 what I was after.

22 BUILDER: Okay. Thank you.

23 MR. LARSEN: So if no one else has to --

24 is going to speak for or against the Variance and

25 the Board doesn't have any more questions, I'll



1 call the discussion closed; and I will ask the

2 Board for a motion.

3 MR. BRADEN: Can I ask a question?

4 MR. LARSEN: Yes.

5 MR. BRADEN: Would it be appropriate for

6 us to defer making a decision and give them the

7 opportunity, the applicant, the opportunity to go

8 to the resort and get their endorsement of -- of

9 this as well as give them the opportunity to

10 check with both neighbors and see if they could

11 come to some sort of accommodation? Is that

12 appropriate?

13 MR. LARSEN: I guess if we were going to

14 approve it, it would be appropriate. It's always

15 appropriate to defer it to --

16 MR. GILMORE: Well, I think that the --

17 the resort's not a party here. I mean, the --

18 the ARB, it's their responsibility to ensure that

19 the landscaping plan that is actually put in

20 meets all of their screening requirements.

21 Whatever they have to, whatever it is. The --

22 the resort doesn't have a say, not a player.

23 MR. LARSEN: I -- I would say the resort

24 has as much of a -- is as much a party as 232.

25 MR. RHOAD: They're a neighbor.



1 MS. WERKING: They were notified as

2 well.

3 MR. LARSEN: I'm sorry. What?

4 MS. WERKING: They've been notified as

5 well. The resort has been notified of this

6 request.

7 MR. LARSEN: Well, I also called Roger

8 Warren this morning and asked for somebody to be

9 here; and he didn't send anybody. So I think he

10 had his chance.

11 MR. GILMORE: Well, and 90 percent of

12 the houses on this island butt up -- have a

13 neighbor called the resort. Or not 90 percent.

14 75 percent. So it's not something that they rely

15 on, I think, the ARB to do their job.

16 (Mr. Rhoad and Mr. Larsen consult.)

17 MR. LARSEN: Well, I feel I'm above my

18 job grade on this; but I think that we certainly

19 have the -- the opportunity to defer.

20 MR. BRADEN: If it'll be -- if it would

21 be helpful, then that's what I would recommend;

22 but if it's -- if it's just putting off making a

23 decision --

24 MR. LARSEN: Would it change anyone's

25 mind if they said -- if the resort -- well,



1 you're also looking for a meeting of the minds of

2 the parties though too.

3 MR. GILMORE: You're not going to get

4 that.

5 MR. BRADEN: Well, they haven't talked.

6 MR. YOUNG: I'll speak to that. Yes, we

7 have not spoken to everybody. I certainly had

8 not even spoken to the architect, for what it's

9 worth. It's always beneficial to meet to speak

10 to anybody.

11 MR. LARSEN: I wouldn't think it's in

12 the applicant's interest to bring in 234 because

13 of what you said.

14 MR. YOUNG: Yeah, who knows. They seem

15 to think they wouldn't support it. I don't know.

16 MR. SMITH: If I may, I mean, there is a

17 process and -- the notification to them, them not

18 being here kind of speaks to that as well. I

19 mean --

20 MR. LARSEN: Well, there's also a

21 process of us looking at the fact that all nine

22 of these extraordinary and exceptional conditions

23 have to be met and --

24 MR. BRADEN: That doesn't happen.

25 MR. LARSEN: What?



1 MR. BRADEN: And that doesn't happen.

2 MR. LARSEN: And that is not happening.

3 MR. RHOAD: And Rutledge is right. The

4 applicant has the burden to prove that those are

5 met.

6 MR. LARSEN: Tom.

7 MR. BURKE: If any of the rest of the

8 Board could clarify the viewpoint, when I went

9 out, I was thinking the pool was on the ground.

10 So I really didn't look at the view. I know

11 there's -- and the property owner's house, he's

12 got a window pointed diagonal.

13 MR. LARSEN: Are we talking about 232 or

14 4?

15 MR. BURKE: The one that is against.

16 That window kind of points right to the backyard.

17 MR. GILMORE: From my perspective, the

18 view line from 230 whatever, 232, would not

19 change.

20 MR. LARSEN: But I don't think they

21 could see the pool.

22 MR. GILMORE: That's my point. Wouldn't

23 change. The other side, people on the other

24 side, there's more open space on that side just

25 the way the house is laid out.



1 MR. BURKE: Uh-huh.

2 MR. GILMORE: So --


4 MR. GILMORE: I'm one of these people

5 who don't always agree that trees matter in these

6 things, and in this one I think the tree does

7 matter.

8 MR. LARSEN: The tree does matter; but

9 there's also a tree that changed where the

10 building was on Lot 230, 231, 232, and 234.

11 MR. GILMORE: Exactly right.

12 MR. LARSEN: There are trees in front of

13 all of those houses so --

14 MR. GILMORE: I mean, I could show you

15 dozens and dozens of lots who have grand trees

16 right in the middle of them. You have to build

17 around them, basically is what the architect's

18 doing.

19 MR. LARSEN: Well, there are two of the

20 requirements that have to be met on detriment to

21 adjacent property. In fact, I'm not -- I've

22 never understood why there have to be two of them

23 and the harmony and spirit of the neighborhood.

24 To me that sounds like one.

25 But those -- those could not be met



1 unless there was some meeting of the mind; but

2 even if that were the case, there are others that

3 are questionable so I --

4 MR. GILMORE: On that one, you just

5 changed the whole group because we've had many

6 cases where we've had objections; and we've

7 approved. We've had cases where we didn't have

8 objections, and we didn't approve because of

9 that. So you mean --

10 MR. RHOAD: They have to be on a

11 case-by-case basis.

12 MR. GILMORE: That's right. All the way

13 through.

14 MR. RHOAD: Some objections --

15 MR. LARSEN: I'm not hearing a motion.

16 MR. RHOAD: There hasn't been one yet.

17 I mean, you asked for one. I would just like to

18 remind the chair that the applicant always has

19 the right to withdraw the application under the

20 rules. If you move forward and the Variance is

21 denied, the applicant doesn't have a right to

22 reapply. Is it for a year, Jenny?

23 MS. WERKING: Right. They can ask for a

24 different request. Couldn't be this exact same

25 request. So if they were denied, they can come



1 back.

2 MR. RHOAD: If they're denied, they

3 can't come back and ask for the same Variance.

4 MS. WERKING: Exactly.

5 MR. GILMORE: For the exact same

6 Variance. Charlie, I make a motion. I make a

7 motion that we approve it.

8 MR. LARSEN: Hoping you'd make a motion

9 that we defer it. Okay. Mr. Gilmore made a

10 recommendation that we approve the Variance

11 because?

12 MR. GILMORE: Because the 31-foot (SIC)

13 tree matters in this case. It will force the

14 house to be -- to be set further away from the

15 street than it would normally have been set

16 originally in 1982. That affects what you do.

17 MR. LARSEN: Is there a second?

18 MR. BURKE: I second.

19 MR. LARSEN: There is a -- there is a

20 weak second by Mr. Burke.

21 MR. GILMORE: Very weak.

22 MR. BURKE: I second.

23 MR. LARSEN: Thank you, Tom. Mr. Burke

24 seconded the motion.

25 Discussion. I'll jump in, I don't think



1 the -- the Variance request meets 2 or 4B, 4C,

2 4D.

3 MR. RHOAD: Hold on. We got to write

4 this. When you say "two," which one? I'm sorry.

5 MR. LARSEN: Well, I think the

6 conditions do apply to other properties in the

7 area. I mentioned other trees, 30, 31, 32, and

8 34. The Variance is not going to prohibit

9 unreasonably or restrict utilization of the

10 property. It -- while I would -- it sounds like

11 it's a detriment to 232. I think it's a bigger

12 detriment to 234. The result --

13 MR. RHOAD: Or at least the applicant

14 didn't meet the burden.

15 MR. LARSEN: Right.

16 MR. RHOAD: Okay.

17 MR. LARSEN: That the Variance is

18 clearly the result of the applicant's own actions

19 in terms of what the plans are and that it does

20 affect the harmony of the neighborhood.

21 MR. RHOAD: Well, I'm just sorry. I

22 needed to write that down because however you all

23 vote, we got to write the opinion and making sure

24 that we write it based on what you wrote on.

25 MR. LARSEN: Did you get that?



1 MR. RHOAD: I got you, yes, sir.

2 MR. LARSEN: Is there more discussion?

3 MR. BURKE: I guess from my standpoint

4 the -- I think in terms of the overall good of

5 reducing the net amount of excess coverage and

6 the -- from the comments and from my own

7 recollection, I don't think the impingement of

8 the view will be as -- as a major problem for the

9 neighbor.

10 MR. GILMORE: From anybody's

11 perspective, just cleaning up the front -- just

12 cleaning up the front with all the mess of that

13 double -- double driveway and all this kind of

14 stuff will be a vast improvement.

15 MR. LARSEN: Well, it would be; and it

16 would also improve the neighborhood. I'll buy

17 into all of those, but it also says that no

18 Variance shall be granted unless the applicant

19 shall show and the BZA shall find that the things

20 that we're supposed to judge this on. God and

21 mother doesn't seem to work.

22 Any other comments?

23 MR. BRADEN: I agree with you.

24 MR. LARSEN: It's always dangerous,

25 Jack.



1 MR. GILMORE: Call the question.

2 MR. LARSEN: Call the question. All

3 those in favor of the motion to grant the

4 Variance signify by saying "aye."

5 (Mr. Burke and Mr. Gilmore respond.)

6 MR. LARSEN: Opposed?

7 (Mr. Braden and Mr. Larsen respond.)

8 MR. LARSEN: So the motion did not carry

9 since it takes a majority.

10 MR. RHOAD: Correct. I'm just trying to

11 think "parliamentarily" wise, do you need a

12 motion to -- to -- okay. So as you put it that

13 way, you're right. It's denied.

14 MR. GILMORE: Failed because it doesn't

15 get a majority.

16 MR. RHOAD: You know, it would have been

17 something if you could put it the other way like

18 you wanted it, to deny it would be --

19 MR. GILMORE: It would have been

20 approved then.

21 MR. LARSEN: Isn't that interesting?

22 MR. RHOAD: I'm not sure what would have

23 happened.

24 MR. LARSEN: Be careful what you wish

25 for.



1 MR. GILMORE: That's the reason -- you

2 got to be careful --

3 MR. RHOAD: All right. Two to two.

4 Vote to deny. Thank you.

5 MR. LARSEN: We have the case number --

6 why don't I just say 45 Crested Flycatcher.

7 MS. WERKING: The applicant, Michael

8 Karamus, a -- is representing the owner, Richard

9 Dest, in requesting a Variance for the reduction

10 of the required 30-foot side yard setback from

11 the lagoon for approximately 673 square feet

12 encroachment of a proposed two-car garage at 45

13 Crested Flycatcher, Tax Map No. 207-07-00-051.

14 The subject property and surrounding properties

15 to the north and east are located in the R1

16 Residential Zoning District within the Developed

17 Lands of Kiawah Island. The subject property is

18 bordered by the Cougar Point Golf Course to the

19 west and by the lagoon to the east.

20 The Town of Kiawah Island Land Use

21 Planning and Zoning Ordinance requires a 20-foot

22 front yard setback from Lot 44, a 15-foot side

23 yard setback from Lot 46, a 30-foot side yard

24 setback from the lagoon --

25 MR. LARSEN: And can I stop you here? I



1 know this is unusual, but is it a 30-foot side

2 yard setback from the lagoon or from the setback

3 line?

4 MS. WERKING: It is from the setback

5 line. It is from the property line always, but

6 as we were saying is misleading because of the

7 way they're shown on the plans. The setback is

8 measured from the setback line on the lagoon side

9 so that's what that means.

10 MR. LARSEN: But this says 30-foot

11 setback from the lagoon.

12 MS. WERKING: That's how it reads in the

13 Ordinance, but it's actually from the property

14 line on the lagoon side.

15 MR. RHOAD: If there's a lagoon, it's a

16 30-foot setback from that property line. Not 30

17 feet from the lagoon; correct?

18 MS. WERKING: Right. Because -- so

19 here's the property line. Here's the lagoon, and

20 here's the property line so that's the setback

21 here. (Indicating.) But the way they're showing

22 it is two ways, and they're showing you what the

23 30-foot would be from the lagoon. In that case

24 they wouldn't even need a Variance.

25 MR. LARSEN: So what's that line there?



1 MS. WERKING: Is that what confused you?

2 MR. LARSEN: Yeah. That's exactly

3 because are we talking about 30 feet from here?

4 MS. WERKING: We're talking about this

5 and all of that. (Indicating.) That's 600 and

6 something.

7 MR. LARSEN: So you're saying this is

8 the line rather than this. (Indicating.)

9 MS. WERKING: Right. This is the

10 property line so the 30-foot setback is this.

11 (Indicating.) This he's showing on plans --

12 MR. LARSEN: Well, who owns this?

13 MS. WERKING: KICA, I think.

14 MR. GILMORE: KICA owns it. They own

15 between the property line and the water.

16 MR. LARSEN: They do?

17 MR. GILMORE: Uh-huh.

18 MR. LARSEN: Does that happen much?

19 MR. GILMORE: Yes. All the time.

20 They're all over the place.

21 MR. BRADEN: That is why there's a KICA

22 letter in here.

23 MR. GILMORE: KICA's the --

24 MS. WERKING: So that's what that --

25 MR. LARSEN: Uh-huh.



1 MR. GILMORE: Sometimes KICA grows, and

2 sometimes KICA loses. The lagoons move around.

3 MR. BRADEN: Can I ask a question before

4 we go any further? At the end of the first

5 paragraph, you say that "by the lagoon to the

6 east." And now is the lagoon to the south?

7 MR. LARSEN: They've got the directions

8 wrong again.

9 MS. WERKING: Again?

10 MR. LARSEN: Yes.

11 MR. BRADEN: Isn't it the south?

12 MR. LARSEN: Yes, it is.

13 MS. WERKING: This is the north area.

14 (Indicating.)

15 MR. LARSEN: Thank you, Jack.

16 MR. BRADEN: Okay. Well, there are two

17 places it talks about being east.

18 MR. GILMORE: Jack, it just depends on

19 which way you hold the paper.

20 MR. LARSEN: Don't worry about it,

21 Jenny. It is south.

22 MR. RHOAD: There's only one lagoon;

23 right?

24 MR. LARSEN: Yes.

25 MR. RHOAD: It's the lagoon.



1 MS. WERKING: Okay.

2 MR. LARSEN: That's what happens when

3 you're five minutes late.

4 MS. WERKING: All right. So there is

5 also a 30-foot side yard setback from the golf

6 course and a maximum allowed lot coverage of 33

7 percent. The subject property is 0.4 acres in

8 size. The existing lot coverage is 30 percent,

9 and the proposed lot coverage is 32 percent.


11 explains that the owner would like to add a new

12 two-car garage and front entry porch. The

13 request includes removing a concrete walkway

14 along the lagoon side, removing a concrete patio

15 and a corner of an existing outdoor shower along

16 the golf course to the rear, and removing

17 existing nonconforming deck along the side

18 adjacent to Lot 46.

19 The Kiawah Island Architectural Review

20 Board Variance Request Letter dated July 16,

21 2014, states, in quote, the Variance for setback

22 encroachment at the proposed garage addition

23 location has been approved due to tree locations

24 and easements being pursued on the adjacent

25 property, end quote.



1 A site visit was conducted on July 30,

2 2014, at which time the following determinations

3 were made regarding the Approval Criteria For

4 Variances as stated in Chapter 12 of the Town of

5 Kiawah Island Land Use Planning and Zoning

6 Ordinance, Article II, Division 5, Section

7 12-163.(4):

8 Findings of Fact:

9 The BZA may grant a Variance only if

10 exceptional circumstances exist and where

11 practical difficulty or unnecessary hardship is

12 so substantial, serious, and compelling that the

13 relaxation of the general restrictions ought to

14 be granted. No Variance shall be granted unless

15 the applicant shall show and the BZA shall find

16 that:

17 Criteria A: There are extraordinary and

18 exceptional conditions pertaining to the

19 particular piece of property.

20 Staff's response: There may be

21 exceptional conditions due to the nonconforming

22 status of the existing screened-in porch and

23 portion of the residence that encroach into the

24 required side yard setback from the lagoon. The

25 existing home was built in 1978, per Charleston



1 County records. The subject property is bordered

2 by the Cougar Point Golf Course to the west and

3 by the lagoon to the east.

4 30-foot setbacks are required from the

5 golf course and from the lagoon. The applicant's

6 Letter of Intent states, quote, the home is

7 unique in that it has been constructed over the

8 current setback by a substantial amount when

9 originally built. This home also has its side

10 facing the lagoon where other homes have the rear

11 facing elevation facing the lagoon.

12 B: These conditions do not generally

13 apply to other property in the vicinity.

14 Staff's response: Adjacent homes were

15 built in 1978 and 1982, per Charleston County

16 records, and may or may not have similar

17 encroachments based on the current setback

18 standards; however, the majority of the homes in

19 the vicinity only have one required 30-foot

20 setback, either from the golf course or from the

21 lagoon.

22 Criteria C: Because of these

23 conditions, the application of this Variance --

24 application of this Ordinance to the particular

25 piece of property would effectively prohibit or



1 unreasonably restrict the utilization of the

2 property.

3 Staff's response: The application of

4 this Ordinance to 45 Crested Flycatcher would not

5 prohibit the utilization of the property;

6 however, the application of the required 30-foot

7 side yard setback from the lagoon may

8 unreasonably restrict placement of a two-car

9 garage on this property due to existing site

10 conditions.

11 D: The authorization of a Variance will

12 not be of substantial detriment to adjacent

13 property or to the public good, and the character

14 of the Zoning District will not be harmed by the

15 granting of the Variance.

16 Staff's response: The authorization of

17 this Variance may not be of substantial detriment

18 to the adjacent properties, and the character of

19 the Zoning District may not be harmed by granting

20 the Variance.


22 contends, in quote, since the encroachment is the

23 side yard only, which abuts an existing lagoon,

24 the neighboring properties would not be affected

25 by the granting of the Variance. The rear of the



1 property is on a manmade lagoon adjacent to

2 utilitarian/commercial-type properties located on

3 Kiawah. The residences located on the other side

4 of the lagoon that would be impacted by the

5 granting of the Variance for this alteration will

6 be screened with a natural vegetation buffer to

7 be approved by the Kiawah Island ARB as part of

8 their Variance approval. The garage addition

9 will also enhance the neighboring properties by

10 allowing cars to be parked out of view.

11 Criteria E: The Board of Zoning Appeals

12 shall not grant a Variance the effect of which

13 would be to allow the establishment of a use not

14 otherwise permitted in a Zoning District, to

15 extend physically a nonconforming use of land, or

16 to change the Zoning District boundaries shown on

17 the official zoning map.


19 Variance would not allow the establishment of a

20 use not otherwise permitted in this Zoning

21 District, extend physically a nonconforming use

22 of land, or change the Zoning District

23 boundaries.

24 Criteria F: The fact that property may

25 be utilized more profitably should a Variance be



1 granted may not be considered grounds for a

2 Variance.

3 Staff's response: The BZA may not

4 consider profitability when considering this

5 Variance request.

6 Criteria G: The need for the Variance

7 shall not be the result of the applicant's own

8 actions.

9 Staff's response: The need for the

10 Variance may not be the result of the applicant's

11 actions. The applicant's Letter of Intent

12 contends, quote, there has been no work done by

13 the current owner that has resulted in the need

14 for the requested Variance. The structure is as

15 it was constructed originally, end quote.

16 H: Granting the Variance will not be

17 contrary to the public or neighborhood interests

18 nor will not adversely affect other property in

19 the vicinity, nor interfere with the harmony,

20 spirit, intent, and purpose of these regulations.


22 Variance may not be contrary to the public or

23 neighborhood interest, may not adversely affect

24 other property in the vicinity, nor interfere

25 with the harmony, spirit, intent, and purposes of



1 these regulations.

2 The KIARB approved the condition with

3 conditions on July 16, 2014. The KIARB Variance

4 Request Letter states, in quotes, approval is

5 contingent upon removal of the nonconforming

6 items as noted on the site plan as well as the

7 addition of layered plantings of evergreen shrubs

8 and trees to soften visual impact of the garage

9 from neighboring properties.

10 Criteria I: Granting of the Variance

11 does not substantially conflict with the


13 Ordinance.


15 Variance may not substantially conflict with the


17 Ordinance. The proposed improvements are aligned

18 with the existing screened-in porch and portion

19 of the residence that encroach into the required

20 side yard setback from the lagoon, and a

21 landscape buffer will be planted to provide

22 screening.

23 The Board of Zoning Appeals may approve,

24 approve with conditions, or deny case

25 BZAV-7-14-18955 based on the findings of fact



1 unless additional information is deemed necessary

2 to make an informed decision.

3 And for this one, I did get a -- a late

4 e-mail, 2:46.

5 MR. LARSEN: A late?

6 MS. WERKING: One -- I should have left

7 at 2:46. Yeah. I talked to a neighbor. She

8 lives -- she didn't put her address. I believe

9 it was 47. I can look on the map, but she wanted

10 me to give you this e-mail she just wrote. I

11 sent her the plans; so they reviewed them.

12 MR. GILMORE: 47?

13 MS. WERKING: I'm pretty sure.

14 MR. GILMORE: Because 47 doesn't border

15 this one.

16 MS. WERKING: No, it doesn't.

17 MR. GILMORE: That's fine. We're

18 talking about the same one.

19 MS. WERKING: Just want to make sure.

20 She's on this line because we talked about this

21 lot. She lives there. (Indicating.) Her name

22 is Karen Madoff. I'll give you this. She's not

23 really objecting to the request, but she would

24 like the -- them to not mow, keep the grasses

25 more natural in the back along the river; and she



1 just talked to the ARB today right before this

2 meeting.

3 MR. LARSEN: Which the additional

4 plantings are basically the same thing the ARB

5 addressed; and if they put additional plantings,

6 they're not going to mow their plants.

7 MS. WERKING: Well, I think she's

8 talking about this all along in the back there.

9 (Indicating.) Not just here.

10 MR. GILMORE: They're talking about all

11 this. (Indicating.)

12 MR. LARSEN: You know, I look at this

13 requirement on the front page of your thing; and

14 all it says the side yard setback is 30 feet from

15 the lagoon.

16 MS. WERKING: Right. If you look at the

17 definition of "setback," they're always measured

18 from the property line.

19 MR. LARSEN: It doesn't say "property

20 line."

21 MS. WERKING: But that's what the

22 definition of a "setback" is. I can show you.

23 MR. BURKE: It's a setback from a

24 property line.

25 MR. LARSEN: It's not a side setback.



1 The side setback is 15-foot.

2 MS. WERKING: No.

3 MR. PATCH: Not from the house next

4 door. From the lot. The lot line to the house.

5 MS. WERKING: I don't think in their

6 application, they're trying to tell you that

7 it's -- the interpretation's wrong. I just think

8 they're showing you --

9 MR. RHOAD: The court reporter is not

10 going to be able to get down three people

11 talking. Okay.

12 MR. LARSEN: I know. I see it.

13 MR. GILMORE: Okay.

14 MR. LARSEN: That would be 30 here.

15 It's the side.

16 MR. GILMORE: Because this is the

17 lagoon.

18 (Mr. Gilmore and Mr. Larsen consult.)

19 MS. WERKING: I mean, really, this just

20 says 30 --

21 MR. LARSEN: It's more than 30 feet from

22 the lagoon. I know they all say "lagoon." They

23 don't say --

24 MS. WERKING: Lagoon, parentheses.

25 MR. LARSEN: Right.



1 MR. RHOAD: And may I ask Jenny a

2 question?

3 MS. WERKING: Sure.

4 MR. RHOAD: When you say that it's

5 always interpreted that way, I mean, has Dan made

6 a -- a ruling that that's the correct

7 interpretation?

8 MS. WERKING: Yeah. I can read it to

9 you, if you want.

10 MR. LARSEN: Now I can't find the -- do

11 you --

12 MS. WERKING: And we're also thinking

13 about adding just the word "OCRM" to the setback

14 definition because there are -- there are times

15 when those are -- the OCRM line comes inside the

16 property; and those are the ones we're going to

17 be measuring, from that instead of the property

18 line so that should be in there.

19 MR. GILMORE: So it can -- the lagoon

20 can actually be in the property. The lagoon is

21 inside the property line, then -- then --

22 MR. LARSEN: Down at the bottom?

23 MR. GILMORE: I said if the -- in your

24 different property, the lagoon is actually in

25 your property, it's 30 feet from the lagoon. So



1 it's a -- lagoon's not on your property, then

2 it's 30 foot from the lagoon, this -- this is one

3 of those things --

4 MR. RHOAD: Wasn't one of the policy

5 reasons, too, when we were going through the

6 development agreement, I mean, the lagoon and

7 aren't the setbacks different from like a golf

8 course sometimes and --

9 MS. WERKING: Uh-huh.

10 MR. RHOAD: And then one of the reasons

11 why is setbacks are mainly so that when you have

12 houses right next to you, you don't encroach on

13 them if you've got a big open space or something.

14 MR. GILMORE: Here you've got 20 -- 20

15 feet of -- of KICA open land and a lagoon between

16 the next house.

17 MR. RHOAD: I see your point. It

18 doesn't make a lot of sense from the property

19 line, but I've never spoken directly with Dan

20 about it.

21 MS. WERKING: Yeah. So "setback" means

22 a required minimum distance between a lot line or

23 street right-of-way or such area within which a

24 structure shall not be erected. So --

25 MR. RHOAD: I understand. But you can



1 see their point. There seems to be an

2 inconsistency if you look at the chart because it

3 says "lagoon," not "property line."

4 MR. LARSEN: Why don't we have the

5 applicant talk?

6 MR. GILMORE: Why don't we keep going?

7 MR. LARSEN: We don't want to do all

8 your work for you. Why don't you -- any more

9 questions for Jenny first?

10 MR. BURKE: Why don't we decide and let

11 the Court worry about it.

12 MR. LARSEN: Okay. Yeah, please state

13 your name and address.

14 MR. GILMORE: We have to make sure

15 Mr. Karamus gets a chance to work here.

16 MR. KARAMUS: I'm Michael Karamus, PO

17 Box 22026, Charleston. I am the architect.

18 And, yes, that has been part of the

19 issue of my owner. Originally, he has tried to

20 purchase and/or lease the land from KICA to avoid

21 any of this; but evidently there's a 99-year deed

22 restriction on the property, and he's unable to

23 do that.

24 But you can see in the letter from KICA,

25 they are in support of the Variance; and actually



1 if you look out there, there's not a whole lot of

2 grass, landscaping, anything growing there right

3 now anyway. So the granting of the Variance

4 would certainly enhance the view from the other

5 side of the lagoon because the requirement of the

6 ARB is to landscape that side. So that -- that

7 will certainly pretty up that side.

8 Also if you look at other properties

9 that butt up to lagoons, more often than not, the

10 property line is much closer to, if not the edge

11 of the lagoon, much like your own property on

12 Surfsong. That was the intent of the blue line

13 on that drawing if the setback was measured from

14 the lagoon. If my owner had the opportunity to

15 have that property, there would be no need for

16 this Variance.

17 MR. GILMORE: Mike, on your -- your

18 drawing.

19 MR. KARAMUS: Yeah, uh-huh.

20 MR. GILMORE: All the blue's going away;

21 right?

22 MR. KARAMUS: Yes, sir.

23 MR. GILMORE: Everything that's got the

24 blue Xs, that's existing and going away?

25 MR. KARAMUS: Yes. That -- that deck's



1 going away. That -- that walkway, that --

2 MR. GILMORE: All that concrete's going

3 away.

4 MR. KARAMUS: That walkway are all going

5 away.

6 MR. GILMORE: So what we're talking

7 about is what's in red.

8 MR. KARAMUS: Correct.

9 MR. GILMORE: Okay. Except the red also

10 includes -- you're not building a garage that's

11 pie shaped. You're building a --

12 MR. KARAMUS: Yes. The hatch is the

13 Variance request.

14 MR. GILMORE: Okay.

15 MR. KARAMUS: And also there currently

16 is no parking area on this property. It's just

17 that drive that you drive to the end to. So by

18 having this garage, we get someplace to put the

19 cars.

20 MR. GILMORE: Right. There's no covered

21 parking now at all.

22 MR. KARAMUS: There's not even parking

23 spaces. It's just the driveway goes to the -- to

24 the edge of the property now. That's it.

25 MR. LARSEN: So the cars just sit there.



1 MR. GILMORE: Yeah. It's just a lane.

2 It's a lane that drives up and stops in front of

3 the house.

4 MR. KARAMUS: Yeah.

5 MR. LARSEN: Any -- any other questions

6 for Mr. Karamus?

7 MR. BURKE: What are your plans for

8 drainage?

9 MR. KARAMUS: It -- it -- the grade's

10 going to stay all the way that it is, and

11 basically what happens is it -- you ride up a

12 little ridge to get onto the property, then it

13 all falls off to the lagoon. So the -- the

14 neighbors will not be impacted at all.

15 MR. BURKE: No, but the lagoon will.

16 MR. KARAMUS: That's how it currently is

17 drained.

18 MR. BURKE: Well, except you'll have

19 roof drainage now instead of flat drainage.

20 MR. KARAMUS: Correct. But that roof

21 drainage will also go into the landscaped area,

22 which will filter it because basically the ARB is

23 looking for some ground cover, some mid level

24 shrubbery and some taller greenery between the

25 garage and the lagoon.



1 MR. BURKE: Do you support that?

2 MS. MOLE: Uh-huh, yes.


4 MR. LARSEN: Okay. If there are no more

5 questions, then thank you very much.

6 MR. KARAMUS: Thank you.

7 MR. LARSEN: And is anybody going to

8 speak for or against the motion?

9 MS. MOLE: I have a clarification on the

10 setback.

11 MR. LARSEN: Please.

12 MS. MOLE: Do I need to go to the

13 podium?

14 MR. LARSEN: Yes.

15 MS. MOLE: Amanda Mole with the Kiawah

16 ARB.

17 Regarding the -- the question on the

18 setback and the word "lagoon" in parentheses,

19 just a reminder that Article 12-G, I believe, was

20 based on ARB setbacks. So those are -- that's

21 verbiage that was adopted from ARB setbacks

22 previously.

23 And I just wanted to confirm that when

24 it had "lagoon" in parentheses, that is referring

25 to the lagoon side of the property, not the



1 setback from the lagoon edge itself but the

2 property line that is towards the lagoon.

3 MR. LARSEN: So where it says "lagoon,"

4 it really means property line so that side.

5 MS. MOLE: "Lagoon" is just to say the

6 side of the property that has a --

7 MS. WERKING: Is it the lot number, I

8 guess?

9 MS. MOLE: Yeah, exactly. Generally if

10 you look at -- at the whole listing, the setback

11 listings, it'll have a lot number or it'll say

12 "golf course" or "lagoon." It's basically just

13 designating the side of the property or the rear

14 of the property that abuts a specific adjacent

15 property. It's just a descriptive. It's not

16 from the lagoon itself.

17 MR. LARSEN: It's a side yard setback,

18 then, from the property line.

19 MS. MOLE: Correct.

20 MR. LARSEN: Why 30 feet? We don't have

21 30 feet property or setbacks from side -- from

22 side property lines.

23 MS. MOLE: Well, the ARB does when it's

24 adjacent to a lagoon; and so when the Town

25 adopted ARB setbacks, that sort of went with it.



1 MR. PATCH: If it's next to a golf

2 course, then it's on the side yard, then that has

3 to be 30 feet.

4 MR. LARSEN: From the property line.

5 MR. PATCH: 30 feet from the property

6 line. Whether it's a lagoon or a golf course,

7 there's more required open space so you don't

8 encroach on that.

9 MS. MOLE: Any questions?

10 MR. RHOAD: May I ask her a question?

11 MR. LARSEN: You may ask her a question.

12 MR. RHOAD: Is it typical when lots are

13 subdivided and they are adjacent to lagoons that

14 the lagoon is the property line?

15 MS. MOLE: No.

16 MR. RHOAD: That's not typical.

17 MS. MOLE: No. The lagoon, you know,

18 because they're managed, you know, they might

19 undulate on and off the property line we measure

20 from. If it's a manmade lagoon, you measure from

21 the property line.

22 MR. RHOAD: Okay.

23 MS. MOLE: OCRM has a different

24 jurisdictional kind of situation --

25 MR. RHOAD: Okay.



1 MS. MOLE: -- from an ARB perspective.

2 And keeping in mind that this was a property

3 cladded very, very early on in the development.

4 It probably wouldn't be handled exactly that way

5 now.

6 MR. LARSEN: Well, can I ask how it

7 would be handled?

8 MS. MOLE: As far as what the

9 descriptive is? For the last ten years or so,

10 we've not just listed setbacks. We've actually

11 provided setback graphics so then it's really no

12 longer necessary to describe things as lagoon.

13 Instead, we just actually show where the property

14 line and what the, you know, buildable area is on

15 a graphic. It's for clarity's sake.

16 MR. LARSEN: Questions for Amanda?

17 (No response.)

18 MR. LARSEN: And if there are -- and

19 nobody else is going to speak either for or

20 against the Variance, I will declare the

21 discussion over; and for a change, I will present

22 a motion that we not grant the Variance unless --

23 do I have to say a reason?

24 MR. RHOAD: Well, if you want me to

25 write a clear opinion, yes, sir.



1 MR. LARSEN: My reason for not granting

2 the Variance is that if it's two to two, the

3 Variance will be granted, unlike the last case?

4 MR. RHOAD: No, what I'm --

5 MR. LARSEN: That's not the case.

6 MR. RHOAD: Well, it would be a tie so

7 it would fail.

8 MR. LARSEN: If it's two to two, the

9 motion failed not to grant the Variance.

10 MR. RHOAD: But you didn't have a motion

11 to grant it.

12 MS. WERKING: It just fails. The motion

13 ends.

14 MR. LARSEN: So you can't do it that

15 way.

16 MR. RHOAD: Either way, if you had to --

17 MR. LARSEN: Call for --

18 MR. GILMORE: Call for a second on your

19 motion.

20 MR. LARSEN: I will withdraw the motion.

21 MR. GILMORE: I'll make a motion to

22 approve the Variance.

23 MR. LARSEN: I'll second.

24 MR. RHOAD: Okay. Now, I thought your

25 question was now you need to articulate the



1 reason why. It is a hardship, etc.

2 MR. GILMORE: It is a hardship. It is a

3 hardship. I mean, we're looking at a property

4 from Kiawah standards an antique, a relic,

5 historical. They're putting money into it to try

6 to modernize it, bring it up to date. The

7 distance between this house and the house to the

8 south across the lagoon is far greater than the

9 distance between any other house on the street

10 and its neighbor.

11 MR. RHOAD: So consequently you find it

12 wouldn't be a detriment.

13 MR. GILMORE: It won't be a detriment to

14 the neighbors. It'll be an uptick to the

15 neighborhood.

16 MR. LARSEN: Is this a discussion, or is

17 this part of your motion?

18 MR. GILMORE: I was asked to state my

19 reasons.

20 MR. LARSEN: Didn't somebody second it?

21 MR. GILMORE: Yes, it was seconded.

22 MR. RHOAD: I think this is part of the

23 discussion.

24 MR. LARSEN: You wanted it clarified.

25 MR. RHOAD: I just need to know how you



1 want -- no matter how it turns out if you --

2 MR. LARSEN: I don't know how you'd

3 write that down.

4 MR. GILMORE: That's what we pay you

5 for.

6 MR. RHOAD: I'm going to have it right

7 there, yes, sir.

8 MR. LARSEN: Okay. And your discussion

9 of the lot across the -- the lagoon that would

10 see the property, it's already shielded to a

11 great extent by the trees that are there now; and

12 if they're putting in additional trees,

13 additional screening, I see -- I see no problem

14 with --

15 MR. GILMORE: If you simply look at the

16 aerial picture of the lot, this is a blue line --

17 the blue line marks the property line. People to

18 the south across the lagoon are looking at a

19 barren desert, a waste land called the shore of

20 the lagoon. ARB's going to require them to -- to

21 plant all of that.

22 MR. LARSEN: But that's KICA property.

23 MR. KARAMUS: May I say something?

24 MR. GILMORE: ARB is going to require

25 them to plant all of that without regard to whose



1 property it is, and it's going to make it far

2 better.

3 MR. RHOAD: And do those conditions

4 apply to nearby properties?

5 MR. GILMORE: I have no idea.

6 MR. RHOAD: You can see from the aerial.

7 MR. GILMORE: Well, the aerial up here

8 is not. It's the barren wasteland; but because

9 they're asking for ARB approval, they're going to

10 have to do it.

11 MR. LARSEN: The point I was making is

12 where the garage is, it's already screened by

13 trees across the lagoon.

14 MR. GILMORE: Right, by trees. By

15 trees. Anyway --

16 MR. LARSEN: Any more discussion? Jack

17 or Tom?

18 MR. BRADEN: I think it's a reasonable

19 request.

20 MR. LARSEN: Okay. Then I will call the

21 question. All for the -- everybody voting for

22 the motion to grant the Variance, please signify

23 by saying "aye."

24 (All Members respond.)

25 MR. LARSEN: Opposed?



1 (No response.)

2 MR. LARSEN: Motion carried unanimously.

3 Thank you very much.

4 MR. KARAMUS: Thank you.

5 MR. RHOAD: Now you know what it's like

6 to make sausage.

7 MR. LARSEN: I will call the meeting

8 adjourned.

9 (The meeting concluded at 5:26 p.m.)

10 - - -

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25



1 CERTIFICATE OF REPORTER STATE OF SOUTH CAROLINA

2 COUNTY OF CHARLESTON 3 I, Ronda K. Blanton, a Registered

Professional Reporter and Notary Public for the 4 State of South Carolina at Large, do hereby

certify that I was present at the Board of Zoning 5 Appeals hearing at the time and location therein

stated; that the proceedings of the hearing and 6 all statements made at the time of the

proceedings were recorded stenographically by me 7 and were thereafter transcribed by computer-aided

transcription; that the foregoing is a full, 8 complete, and true record of the testimony of the

hearing and of all statements made at the time of 9 the proceedings.

I further certify that I am neither related 10 to nor counsel for any party to the cause pending

or interested in the events thereof. 11 Witness my hand, I have hereunto affixed my

official seal on August 27, 2014, at Charleston, 12 Charleston County, South Carolina. 13

14

15

Ronda K. Blanton 16 NCRA REGISTERED PROFESSIONAL

REPORTER, RPR 17 My Commission expires:

May 14, 2018. 18

19

20

21

22

23

24

25

WORD INDEX

< 0 >0.4 8:25 49:7

< 1 >10 10:2 24:22 25:2,15 32:611 31:11, 22 32:312 6:10 10:14 31:11 50:412-163. 10:17 50:712-G 65:1914 74:1715 4:2215-foot 8:21 45:22 58:116 49:20 55:318 1:7, 9 3:31978 50:25 51:151982 9:1 11:11 27:5 41:16 51:151993 11:241994 4:4 11:24

< 2 >2 19:4 42:12:46 56:4, 720 9:23 14:19 31:22 60:14, 142009 24:18 26:142014 1:7, 9 3:3 9:24 10:12 14:19 49:21 50:2 55:3 74:112018 74:17207-07-00-051 45:1320-foot 45:2122026 61:17230 38:18 39:10231 39:10232 15:17 23:10, 11 35:24 38:13, 18 39:10 42:11233 7:14 8:11 12:9234 37:12 39:10 42:12254 8:6, 1025-foot 8:20

264-14-00-084 8:1227 74:11290 15:629401 17:129415 1:15296 9:20 15:6

< 3 >30 6:17 10:11 42:7 46:16 47:3 49:8 50:1 57:14 58:14,20, 21 59:25 60:2 66:20, 21 67:3, 5300 5:230-foot 8:5, 9, 22 45:10, 23 46:1, 10,16, 23 47:10 49:5 51:4, 19 52:631 18:20 42:731.7 9:2031-foot 41:1231-inch 11:15 18:15, 2032 42:7 49:9329 16:2533 8:24 49:633.67 9:1934 42:8

< 4 >4 1:10 10:17 31:6,9 38:14 50:744 45:2245 45:6, 12 52:446 45:23 49:1847 56:9, 12, 144B 42:14C 42:14D 42:24G 15:25

< 5 >5 10:16 50:65:26 73:9

< 6 >6 31:17600 47:56-29-70 4:22

6-29-820 6:16673 45:11

< 7 >73129 1:1475 36:14

< 8 >80s 31:20843-762-6294 1:15

< 9 >90 36:11, 1399-year 61:21

< A >Abbey 7:14 8:12,21 12:9able 58:10abuts 52:23 66:14accommodation 35:11accurate 5:22 6:24acres 8:25 49:7Act 4:4, 21 5:7Action 15:10actions 3:22 4:1 13:24 14:2 42:18 54:8, 11actual 18:24 19:4add 49:11adding 59:13addition 5:15 49:22 53:8 55:7additional 6:4 15:13 56:1 57:3, 5 71:12, 13Additionally 11:12address 7:5, 16, 18 16:19 23:3 56:8 61:13addressed 6:15 57:5addressing 17:7adjacent 8:22 11:23 12:16, 21 15:17 39:21 49:18,24 51:14 52:12, 18 53:1 66:14, 24 67:13

adjourned 73:8administer 7:8administrative 3:22Administrator 3:23 4:12 6:7adopted 65:21 66:25adversely 14:9, 15 54:18, 23aerial 71:16 72:6, 7affect 14:10, 15 42:20 54:18, 23affixed 74:11afternoon 26:1agent 5:18ago 17:25 26:23agree 39:5 43:23agreement 60:6air 18:10aligned 55:17Allen 26:16allow 4:7 13:5, 11 53:13, 19allowed 8:23 49:6allowing 53:10alteration 53:5Amanda 33:12, 13 65:15 68:16amount 15:5 43:5 51:8announcement 4:23answer 17:2, 6, 18 28:18answered 34:19antique 70:4anybody 33:7 36:9 37:10 65:7anybody's 43:10anyone's 36:24anyway 62:3 72:15appeal 4:13 6:6, 13,16, 19APPEALS 1:6 2:2 3:4, 16, 18, 20, 21 6:14 13:3 15:10 53:11 55:23 74:5appears 20:16applicant 5:1, 8, 18 6:17 7:16, 17, 24 8:2 9:12, 17 10:25

16:18 23:18 29:1 35:7 38:4 40:18, 21 42:13 43:18 45:7 50:15 61:5applicants 24:13 34:7applicant's 6:5, 12 9:3 11:13 12:23 13:24 14:1, 2 15:23 37:12 42:18 49:10 51:5 52:21 54:7, 10,11application 3:25 5:2 12:4, 8 24:1, 6 28:10 40:19 51:23,24 52:3, 6 58:6apply 6:8 11:21 42:6 51:13 72:4appropriate 35:5, 12,14, 15approvable 33:18Approval 10:13 50:3 53:8 55:4 72:9approve 6:1, 2 15:11, 11 35:14 40:8 41:7, 10 55:23,24 69:22approved 6:5 10:3 14:18 26:5, 6 40:7 44:20 49:23 53:7 55:2approximately 8:6,10 17:24 45:11ARB 10:6 21:7, 11 22:7 24:11 33:17 34:5 35:18 36:15 53:7 57:1, 4 62:6 64:22 65:16, 20, 21 66:23, 25 68:1 71:24 72:9arbitrary 31:23ARB's 71:20architect 17:21 28:25 37:8 61:17architect's 39:17Architectural 9:22 33:14 49:19Architecture 16:25

area 9:10, 14 11:18 15:8 42:7 48:13 60:23 63:16 64:21 68:14argue 19:17arguments 20:15Article 10:16 50:6 65:19articulate 69:25asked 24:21 36:8 40:17 70:18asking 8:7 16:5 17:10 27:5 72:9assembled 5:23assist 5:11ASSOCIATES 1:14assumed 5:21attain 6:4attorney 3:9attorney's 15:18AUGUST 1:7, 9 3:3 74:11authority 5:15authorization 12:14,19 52:11, 16authorized 6:3available 3:11avoid 61:20aware 24:12aye 44:4 72:23

back 18:15 19:15 22:1, 5 24:18 25:3,12, 14 27:5 41:1, 3 56:25 57:8backyard 38:16barren 71:19 72:8based 4:2 12:1 15:12 24:15 42:24 51:17 55:25 65:20bases 17:3basically 17:4, 7, 9 19:8 21:23 22:13 34:7 39:17 57:4 64:11, 22 66:12basis 40:11bay 9:15 16:25bearing 29:20

bed 30:2behalf 15:18believe 23:24 56:8 65:19beneficial 37:9benefit 33:25better 30:6 72:2beyond 12:25 25:3,15BFE 9:15 15:8big 27:3 60:13bigger 25:18 42:11bit 25:9 28:7BLANTON 1:11 74:3, 12blessing 21:23block 30:19blue 62:12, 24 71:16, 17blue's 62:20BOARD 1:6 2:2 3:4, 5, 15, 18 4:7 5:11, 14, 16 6:1, 14,18 7:1, 5 9:23, 24 13:3 15:10 33:14 34:25 35:2 38:8 49:20 53:11 55:23 74:4Board's 4:1body 3:16 5:21 6:22book 29:10border 56:14bordered 8:17 45:18 51:1bottom 59:22bought 17:24 26:13,22boundaries 13:8, 15 53:16, 23BOX 1:14 24:23 61:17Braden 2:4 3:6 20:21 21:1, 4 22:16,18 28:22, 25 35:3, 5 36:20 37:5, 24 38:1 43:23 44:7 47:21 48:3, 11, 16 72:18brief 32:10

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< C >call 3:2 7:13, 16 35:1 44:1, 2 69:17,18 72:20 73:7called 36:7, 13 71:19careful 44:24 45:2



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Circuit 6:15 7:2circumstance 24:9circumstances 10:20 27:2 50:10cladded 68:3clarification 65:9clarifications 33:10,16clarified 70:24clarify 5:14 33:19 38:8clarifying 5:24clarity's 68:15CLARK 1:14cleaning 43:11, 12clear 68:25clearly 42:18clerk 15:15client 25:21 26:13 30:11clients 24:10, 17client's 25:6close 20:10closed 35:1closer 24:22 62:10Code 4:22 6:16come 20:3, 4 24:13 25:2 26:11 27:1 34:3 35:11 40:25 41:3comes 18:18 25:10 26:17 59:15comfortable 32:1comment 17:6comments 10:1 17:17 28:23 32:16 43:6, 22commercial-type 53:2Commission 74:17common 34:11communicated 32:24 33:1company 31:24compelling 10:22 50:12complete 5:21 6:23 74:8compliance 4:20

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< D >Dan 59:5 60:19dangerous 43:24data 5:23DATE 1:9 14:5 70:6dated 9:23 49:20day 27:20days 4:22 6:17 30:13decide 61:10decided 26:4decision 4:12 6:7,13, 18 15:14 35:6 36:23 56:2decisions 3:22deck 8:11 11:7 12:11, 13 15:9 19:5 22:15, 16, 18 25:1,12 31:2, 3, 17, 17 49:17decking 10:2decks 9:16deck's 62:25declaration 5:5declare 68:20decrease 9:17deed 61:21deemed 15:13 56:1deeper 20:16defer 6:3 27:7 35:6, 15 36:19 41:9definition 57:17, 22 59:14demolition 14:5 16:2denied 40:21, 25 41:2 44:13Dennis 2:4 3:8deny 6:2 15:11 44:18 45:4 55:24depended 26:22depends 48:18deprives 6:20describe 68:12descriptive 66:15 68:9desert 71:19

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< F >facing 51:10, 11, 11Fact 10:18 13:16 15:12 16:7, 10 37:21 39:21 50:8 53:24 55:25fact-finding 4:20facts 7:15fail 69:7Failed 44:14 69:9fails 69:12Failure 6:19falls 64:13false 7:2fantastic 26:3far 18:16 28:8 68:8 70:8 72:1favor 44:3feasible 21:9feature 19:24feel 5:13 17:3, 16 28:14, 15 32:1 36:17feels 20:17 26:25feet 5:2 8:7, 10 9:21 10:2 15:6, 6 19:4 24:22 25:2, 15 31:11 32:3, 6 45:11 46:17 47:3 57:14 58:21 59:25 60:15 66:20, 21 67:3, 5felt 33:17, 24FEMA 9:11file 6:19filed 6:17filter 64:22find 10:25 30:3 43:19 50:15 59:10 70:11finding 17:8, 8Findings 10:18 15:12 17:16 20:20 50:8 55:25fine 56:17finish 31:10finished 31:7, 9first 20:24 21:7 29:13 48:4 61:9five 26:23 49:3

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< G >garage 45:12 49:12,22 52:9 53:8 55:8 63:10, 18 64:25 72:12gathering 5:12general 10:23 50:13generally 11:21 51:12 66:9getting 18:6 27:10Gilmore 2:4 3:6 18:3, 6, 9, 19 19:1, 7,10, 14, 23 20:3, 6, 11 31:1, 5, 13, 16, 19 34:20 35:16 36:11 37:3 38:17, 22 39:2,4, 11, 14 40:4, 12 41:5, 9, 12, 21 43:10 44:1, 5, 14, 19 45:1 47:14, 17, 19, 23

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< H >half 18:7HALL 1:11 3:13hand 74:11handled 68:4, 7happen 17:10 18:19 26:19 30:1 37:24 38:1 47:18happened 44:23happening 38:2happens 26:15 49:2 64:11happy 28:18hardship 4:1 10:21 25:24 50:11 70:1, 2,3hardwoods 22:5harmed 12:18, 22 52:14, 19harmony 14:11, 17 39:23 42:20 54:19,25Harrison 8:3

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< K >Karamus 45:8 61:15, 16, 16 62:19,22, 25 63:4, 8, 12, 15,22 64:4, 6, 9, 16, 20 65:6 71:23 73:4Karen 56:22keep 29:9 56:24 61:6keeping 68:2KIARB 14:18 55:2,3KIAWAH 1:5, 11,11 3:4 4:4 6:8 8:16, 19 9:22 10:15 25:19 26:11 27:3 28:8 30:11 33:14 45:17, 20 49:19 50:5 53:3, 7 65:15 70:4

KICA 47:13, 14, 21 48:1, 2 60:15 61:20,24 71:22KICA's 47:23kids 32:1kind 18:17 20:19 21:7, 21 28:12, 16 30:5 31:22 37:18 38:16 43:13 67:24knew 24:20know 15:15 16:11 18:19, 21 20:25 21:20 22:4 23:14 24:1 25:5, 14 26:8,11, 12 28:7, 9, 13 29:22 31:12 33:17 37:15 38:10 44:16 46:1 57:12 58:12,22 67:17, 18 68:14 70:25 71:2 73:5knows 37:14Kong 27:21

< L >lagoon 45:11, 19, 24 46:2, 8, 11, 14, 15, 17,19, 23 48:5, 6, 22, 25 49:14 50:24 51:3, 5,10, 11, 21 52:7, 23 53:1, 4 55:20 57:15 58:17, 22, 22, 24 59:19, 20, 24, 25 60:2, 6, 15 62:5, 11,14 64:13, 15, 25 65:18, 24, 25 66:1, 2,5, 12, 16, 24 67:6, 14,17, 20 68:12 70:8 71:9, 18, 20 72:13lagoon, 61:3 66:3lagoons 48:2 62:9 67:13lagoon's 60:1laid 17:4 38:25Land 8:19 10:15 13:7, 14 45:20 50:5 53:15, 22 60:15 61:20 71:19landing 11:8Lands 8:16 45:17

Landscape 21:25 22:6 24:14 55:21 62:6landscaped 64:21landscaping 10:6 35:19 62:2lane 64:1, 2large 19:25 74:4larger 16:23Larsen 2:3 3:2, 7 4:18 7:13 15:20 16:7, 13, 16 18:1 21:11, 17 22:9, 15,21, 24 23:2, 10 27:11 28:20, 24 29:2 30:13, 20 32:8,11 33:5, 11 34:14,16, 19, 23 35:4, 13,23 36:3, 7, 16, 17, 24 37:11, 20, 25 38:2, 6,13, 20 39:3, 8, 12, 19 40:15 41:8, 17, 19,23 42:5, 15, 17, 25 43:2, 15, 24 44:2, 6,7, 8, 21, 24 45:5, 25 46:10, 25 47:2, 7, 12,16, 18, 25 48:7, 10,12, 15, 20, 24 49:2 56:5 57:3, 12, 19, 25 58:12, 14, 18, 21, 25 59:10, 22 61:4, 7, 12 63:25 64:5 65:3, 4,7, 11, 14 66:3, 17, 20 67:4, 11 68:6, 16, 18 69:1, 5, 8, 14, 17, 20,23 70:16, 20, 24 71:2, 8, 22 72:11, 16,20, 25 73:2, 7Larsen's 17:6late 49:3 56:3, 5lattice 10:8, 9lawyer 23:6 26:16lay 17:16layered 55:7lease 61:20left 56:6length 18:21 20:12Letter 9:3, 23 11:13 12:23 14:2 15:16, 23 17:4

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< M >Madoff 56:22magnolia 19:25 20:3mailed 4:25 6:18main 16:6 25:22maintain 13:1Major 21:19, 22, 24 33:21 43:8majority 4:10 44:9,15 51:18making 20:15 28:4 35:6 36:22 42:23 72:11managed 67:18manmade 53:1 67:20map 13:9 45:13 53:17 56:9market 30:10marks 71:17massive 30:2matter 6:21 16:22 39:5, 7, 8 71:1matters 41:13maxed 32:5maximum 8:24 9:7 10:2 49:6McLaughlin 23:6, 6 27:11mean 15:22 17:15 18:12, 13, 16, 24 19:2, 7 22:5 29:6 30:3, 7, 9, 14 32:3 35:17 37:16, 19 39:14 40:9, 17 58:19 59:5 60:6 70:3means 16:6 46:9 60:21 66:4

measure 18:22 67:19, 20measured 46:8 57:17 62:13measurement 18:25measuring 59:17media 5:5meet 9:11 37:9 42:14MEETING 1:6 3:3,11 4:20 5:6 6:11,23 27:6 37:1 40:1 57:2 73:7, 9meets 35:20 42:1Members 2:2, 4 3:5,7 5:13 72:24mentioned 16:8 23:13 24:10, 23 42:7mess 43:12met 4:9 37:23 38:5 39:20, 25Michael 45:7 61:16microphone 16:20mid 64:23middle 39:16Mike 62:17mind 36:25 40:1 68:2minds 37:1minimum 31:25 32:4 60:22minutes 7:23, 24 49:3misleading 46:6modern 25:9 28:13,13modernize 70:6MOLE 33:9, 13, 13 34:15, 17 65:2, 9, 12,15, 15 66:5, 9, 19, 23 67:9, 15, 17, 23 68:1,8money 70:5months 6:10 17:25 18:1Moore 26:16morning 22:11 36:8mother 43:21

motion 35:2 40:15 41:6, 7, 8, 24 44:3, 8,12 65:8 68:22 69:9,10, 12, 19, 20, 21 70:17 72:22 73:2move 22:7, 8 24:22 40:20 48:2moved 19:15moving 17:13 30:11mow 56:24 57:6

< N >name 7:17 16:19 21:21 23:3, 5 56:21 61:13name's 16:24narrow 18:16natural 13:1 53:6 56:25NCRA 1:13 74:16near 4:24nearby 72:4necessary 15:13 56:1 68:12need 5:13 6:4 13:23, 25 19:21 44:11 46:24 54:6, 9,13 62:15 65:12 69:25 70:25needed 42:22needs 28:2negatively 26:20neighbor 30:4 32:17 35:25 36:13 43:9 56:7 70:10neighborhood 14:9,15 27:14, 16 28:5 30:7 33:25 39:23 42:20 43:16 54:17,23 70:15neighboring 52:24 53:9 55:9neighbors 20:22 23:7 35:10 64:14 70:14neither 74:9net 43:5never 39:22 60:19new 49:11

news 5:4nice 12:24 28:4nine 37:21noncompliant 10:5 14:20nonconforming 9:5 11:6 13:7, 13 49:17 50:21 53:15, 21 55:5normal 3:12normally 41:15north 8:17 45:15 48:13Notary 74:3noted 55:6notice 4:25 24:11 27:19 34:6noticed 25:8notification 5:7 37:17notified 5:6 36:1, 4,5notify 29:6number 45:5 66:7,11

< O >Oak 10:3 11:15 18:15 20:1, 4 24:16oath 7:8, 10object 32:18objecting 20:23 56:23objection 26:25 27:9objections 40:6, 8, 14obviously 33:17OCRM 59:13, 15 67:23offer 33:[email protected] 1:16official 13:9 53:17 74:11oh 17:12 31:18okay 16:9, 16 22:9,21 23:2 25:1 29:2,5 30:25 32:8 33:11 34:14, 22 41:9 42:16 44:12 48:16

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25 50:19 51:1, 13,25 52:2, 5, 9, 13 53:1, 24 54:18, 24 57:18, 19, 24 59:16,17, 20, 21, 24, 25 60:1, 18 61:3, 22 62:10, 11, 15 63:16,24 64:12 65:25 66:2, 4, 6, 13, 14, 15,18, 21, 22 67:4, 5, 14,19, 21 68:2, 13 70:3 71:10, 17, 22 72:1proposed 8:11 9:19 10:1 15:4 45:12 49:9, 22 55:17proposes 9:17proposing 9:12protect 34:6protocol 29:7prove 38:4provide 55:21provided 6:25 24:10 68:11public 3:11, 15 4:19 12:16 14:8, 14 52:13 54:17, 22 74:3pulling 18:9purchase 61:20purchased 28:3purpose 5:10, 23 14:12, 17 54:20purposes 14:24 15:3 54:25 55:12,16pursued 49:24push 18:15put 28:6 35:19 44:12, 17 56:8 57:5 63:18putting 36:22 70:5 71:12

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< 0 >0.4 (2)

< 1 >10 (5)11 (3)12 (4)12-163. (2)12-G (1)14 (1)15 (1)15-foot (3)16 (2)18 (3)1978 (2)1982 (5)1993 (1)1994 (2)

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31 (2)31.7 (1)31-foot (1)31-inch (3)32 (2)329 (1)33 (2)33.67 (1)34 (1)

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(1)

< C >call (10)called (3)careful (2)CAROLINA (7)carried (1)carry (1)cars (3)case (20)case-by-case (1)cases (4)cause (3)caused (1)center (5)central (1)certain (1)certainly (10)CERTIFICATE (1)certify (3)chair (1)chance (3)change (8)changed (2)changes (1)Chapter (2)character (4)Charles (1)CHARLESTON (11)Charlie (2)Charlotte (1)chart (1)check (1)Circuit (2)circumstance (1)circumstances (3)cladded (1)clarification (1)clarifications (2)clarified (1)clarify (3)clarifying (1)clarity's (1)CLARK (1)cleaning (2)clear (1)clearly (1)

clerk (1)client (3)clients (2)client's (1)close (1)closed (1)closer (2)Code (2)come (10)comes (4)comfortable (1)comment (1)comments (6)commercial-type (1)Commission (1)common (1)communicated (2)company (1)compelling (2)complete (3)compliance (3)compliment (1)Comprehensive (8)computer-aided (1)concerned (2)concerning (1)concluded (1)concrete (2)concrete's (1)condition (1)conditioning (1)conditions (20)conducted (2)confirm (1)conflict (4)conformity (1)confused (1)conjunction (1)conscientious (1)consequently (1)consider (2)considered (4)considering (2)constructed (2)consult (4)contact (1)contained (2)contemplated (1)contempt (1)

contends (3)contents (1)contingent (3)continues (1)contrary (4)corner (1)Correct (8)corrected (3)corridor (1)corridors (2)Cougar (2)Counsel (2)counted (1)County (7)coupled (1)Courier (1)course (19)Court (5)cover (2)coverage (12)covered (2)credit (1)Crested (3)Criteria (14)curb (4)curious (1)current (6)currently (4)cut (3)cuts (1)

< D >Dan (2)dangerous (1)data (1)DATE (3)dated (2)day (1)days (3)decide (1)decided (1)decision (8)decisions (1)deck (16)decking (1)decks (1)deck's (1)declaration (1)declare (1)

decrease (1)deed (1)deemed (2)deeper (1)defer (6)definition (3)demolition (2)denied (4)Dennis (2)deny (5)depended (1)depends (1)deprives (1)describe (1)descriptive (2)desert (1)design (1)designated (1)designating (1)designed (1)Dest (1)determinations (2)detriment (9)Developed (2)developer (1)development (2)diagonal (2)diagram (1)different (4)difficult (1)difficulty (2)directions (1)directly (2)disapproved (1)disarray (1)discussion (8)distance (3)District (14)Division (2)doing (3)dominant (1)door (1)double (2)double-story (1)dozens (2)drag (1)drainage (4)drained (1)drawing (2)

drive (3)drives (1)driveway (5)due (5)duty (1)

< E >early (1)easements (1)east (7)edge (3)effect (3)effectively (2)effort (2)either (5)elevated (3)elevation (6)e-mail (2)e-mailed (1)empowered (1)Enabling (1)encroach (4)encroaches (2)encroaching (2)encroachment (6)encroachments (2)endorsement (1)ends (1)enhance (3)enhancing (1)enjoyment (1)ensure (1)entered (1)entire (1)entry (1)erected (1)especially (1)established (1)establishment (4)events (1)evergreen (1)everybody (2)evidence (3)evidently (1)exact (2)exactly (6)exceeds (1)Exception (3)exceptional (8)

Exceptions (4)excess (1)exist (2)existing (26)expansion (1)expect (1)expedite (1)experience (1)expires (1)explain (1)explains (2)extend (5)extent (1)extraordinary (4)

< F >facing (3)Fact (10)fact-finding (1)facts (1)fail (1)Failed (2)fails (1)Failure (1)falls (1)false (1)fantastic (1)far (5)favor (1)feasible (1)feature (1)feel (7)feels (2)feet (25)felt (2)FEMA (1)file (1)filed (1)filter (1)find (6)finding (2)Findings (6)fine (1)finish (1)finished (2)first (5)five (2)fix (1)flat (1)

floor (2)floored (1)Flycatcher (3)folks (1)follow (1)followed (1)following (3)foot (2)footer (1)force (1)forced (1)foregoing (1)forward (5)four (3)Freedom (2)front (12)full (4)further (4)

< G >garage (10)gathering (1)general (2)generally (3)getting (2)Gilmore (80)give (5)Glen (4)go (8)goal (1)goals (2)God (1)goes (1)going (36)golf (19)golfers (2)good (6)gotten (1)Government (1)grade (1)grade's (1)Grand (4)grant (16)granted (11)granting (18)graphic (1)graphics (1)grass (1)grasses (1)

great (1)greater (1)greenery (1)ground (3)grounds (2)group (2)growing (1)grows (1)guess (8)

< H >half (1)HALL (2)hand (1)handled (2)happen (7)happened (1)happening (1)happens (3)happy (1)hardship (7)hardwoods (1)harmed (4)harmony (6)Harrison (1)hatch (1)head (1)heads (1)hear (3)heard (2)hearing (7)height (1)helpful (3)hereunto (1)historical (1)Hold (2)home (8)homes (7)Hong (1)Hoping (1)horizontal (1)horseshoe (1)hours (1)house (28)houses (3)huh (1)HVAC (5)



idea (2)ideas (1)identifying (1)II (2)immediately (1)impact (4)impacted (3)impingement (1)important (2)improve (3)improvement (6)improvements (4)inches (2)includes (2)inconsistency (1)incorporated (1)Indicating (15)Information (9)informed (2)inside (2)inspection (1)installed (1)Intent (14)interest (6)interested (3)interesting (1)interests (1)interfere (4)interior (2)interpret (1)interpretation (1)interpretation's (1)interpreted (1)introduce (1)involved (1)ISLAND (16)issue (1)items (3)it'll (5)its (2)

< J >Jack (6)Jenny (7)Jill (1)Jim (1)job (2)judge (1)July (4)

jump (1)jumping (1)June (2)jurisdiction (2)jurisdictional (1)Justin (2)

< K >Karamus (20)Karen (1)keep (3)keeping (1)KIARB (3)KIAWAH (24)KICA (9)KICA's (1)kids (1)kind (12)knew (1)know (33)knows (1)Kong (1)

< L >lagoon (64)lagoon, (2)lagoons (3)lagoon's (1)laid (2)Land (11)landing (1)Lands (2)Landscape (5)landscaped (1)landscaping (3)lane (2)large (2)larger (1)Larsen (135)Larsen's (1)late (3)lattice (2)lawyer (2)lay (1)layered (1)lease (1)left (1)length (2)Letter (24)

level (1)light (2)limit (1)limited (1)limits (1)line (39)lines (1)listed (2)listening (2)listing (1)listings (1)little (3)Live (1)lives (3)living (1)Local (1)located (5)LOCATION (7)locations (1)long (1)longer (1)look (10)looking (8)loses (1)lot (47)lots (5)

< M >Madoff (1)magnolia (2)mailed (2)main (2)maintain (1)Major (5)majority (4)making (6)managed (1)manmade (2)map (4)market (1)marks (1)massive (1)matter (6)matters (1)maxed (1)maximum (4)McLaughlin (3)mean (25)means (4)

measure (3)measured (3)measurement (1)measuring (1)media (1)meet (3)MEETING (13)meets (2)Members (6)mentioned (5)mess (1)met (5)Michael (2)microphone (1)mid (1)middle (1)Mike (1)mind (3)minds (1)minimum (3)minutes (3)misleading (1)modern (3)modernize (1)MOLE (20)money (1)months (3)Moore (1)morning (2)mother (1)motion (20)move (5)moved (1)moving (2)mow (2)

< N >name (7)name's (1)narrow (1)natural (3)NCRA (2)near (1)nearby (1)necessary (3)need (14)needed (1)needs (1)negatively (1)

neighbor (7)neighborhood (13)neighboring (3)neighbors (5)neither (1)net (1)never (2)new (1)news (1)nice (2)nine (1)noncompliant (2)nonconforming (9)normal (1)normally (1)north (3)Notary (1)noted (1)notice (4)noticed (1)notification (2)notified (4)notify (1)number (3)

< O >Oak (6)oath (2)object (1)objecting (2)objection (2)objections (3)obviously (1)OCRM (3)offer (1)[email protected] (1)official (3)oh (2)okay (29)older (1)Once (1)ones (1)open (4)opinion (2)opportunity (7)Opposed (2)orally (1)order (4)

Ordinance (18)organizations (1)original (2)originally (4)ought (2)outdoor (3)overall (1)oversight (1)overturn (1)owned (2)owner (14)owner's (1)owns (2)

P.M (2)P.O (1)page (1)palms (2)paper (1)paragraph (1)parentheses (3)parked (1)parking (3)parliamentarily (1)part (6)particular (6)particularly (1)parties (4)party (3)PATCH (3)patio (1)pay (1)pendencies (1)pending (1)people (4)percent (9)permanent (1)permit (2)permits (1)permitted (5)person (2)Persons (1)perspective (5)pertaining (2)pertinent (2)physically (4)picture (1)pie (1)

piece (4)place (1)placed (1)placement (1)places (1)plainly (1)Plan (11)Planning (5)plans (6)plant (2)planted (1)plantings (3)plants (1)platform (4)player (1)please (8)PO (1)podium (1)Point (13)pointed (1)points (1)policy (1)pool (18)Pools (2)popular (1)porch (4)porches (1)portion (3)Post (1)posted (1)pour (1)practical (2)predominantly (1)preferences (1)preliminary (1)present (5)presented (2)presenting (1)presents (1)pretty (5)previously (1)primarily (1)primary (2)printed (1)prior (2)privacy (1)private (3)probably (2)problem (2)

procedure (2)proceedings (3)process (2)PROFESSIONAL (3)profitability (2)profitably (2)prohibit (5)proper (1)properties (12)property (92)proposed (8)proposes (1)proposing (1)protect (1)protocol (1)prove (1)provide (1)provided (3)public (10)pulling (1)purchase (1)purchased (1)purpose (5)purposes (5)pursued (1)push (1)put (7)putting (3)

< Q >quasi-judicial (2)question (19)questionable (1)questions (15)quick (1)quite (1)quorum (1)quote (11)quotes (6)

< R >R1 (2)raise (2)Randy (2)reaction (1)read (1)reads (1)real (1)

really (10)reapply (1)rear (16)reason (7)reasonable (1)reasons (4)rebuttal (4)recollection (1)recommend (2)recommendation (1)recommendations (3)record (4)recorded (1)records (5)red (2)reduce (3)reducing (1)reduction (4)refer (1)referring (1)regard (1)regarding (4)REGISTERED (3)regulations (4)related (1)relation (1)relaxation (2)relic (1)relief (1)rely (1)remind (1)reminder (1)removal (1)remove (2)removed (1)removing (3)rents (1)replaced (1)report (2)REPORTED (1)REPORTER (5)reporting (1)representative (1)representing (3)request (20)requested (2)requesting (2)require (4)

required (16)requirement (2)requirements (5)requires (2)residence (2)residences (1)Residential (2)residents (1)resort (7)resort's (1)respond (4)response (22)responsibility (1)rest (1)restrict (4)restriction (1)restrictions (2)result (6)resulted (1)retroactive (2)reverse (1)review (11)reviewed (2)Rhoad (52)Richard (1)rid (1)ride (1)ridge (1)right (32)right-of-way (1)river (1)Roger (1)RONDA (3)roof (3)Rory (1)roughly (1)RPR (2)rules (1)ruling (1)rulings (1)run-of-the-mill (1)Rutledge (2)

< S >sake (1)Sally (1)sat (1)sausage (1)savings (2)

saw (4)saying (8)says (7)SC (1)screened (2)screened-in (3)screening (3)seal (1)second (8)seconded (2)Section (2)see (19)seeing (1)send (1)sense (3)sent (1)serious (2)set (4)setback (51)setback, (1)setbacks (10)setting (1)shake (1)shape (1)shaped (1)shielded (1)shocked (2)shore (1)show (6)shower (1)showing (4)shown (3)shrubbery (1)shrubs (1)SIC (1)side (37)sides (1)sign (1)signify (2)similar (2)simple (1)simply (1)sir (17)sit (1)site (8)sits (1)Sitting (1)situation (2)six (1)

size (4)slab (1)small (1)smaller (1)Smith (33)soften (1)somebody (2)someplace (1)sorry (4)sort (8)sounds (4)SOUTH (13)space (3)spaces (1)speak (12)speaking (3)speaks (1)Special (7)specific (2)spirit (5)spoken (4)spruce (1)square (6)Staff (12)Staff's (22)stand (5)standard (1)standards (5)standing (1)standpoint (1)start (1)state (8)stated (4)statements (3)states (6)status (2)stay (1)stenographically (1)step (2)stepped (1)steps (1)stop (1)stops (1)Street (5)stretch (1)strict (1)structure (3)stuff (2)subdivided (1)

subject (7)submitted (4)subpoena (1)substance (1)substantial (7)substantially (4)suggested (1)support (6)supposed (1)sure (8)Surfsong (1)surrounding (3)survey (1)swears (1)swimming (2)sworn (1)

< T >take (1)takes (1)talk (2)talked (4)talking (8)talks (1)taller (1)tape (1)Tax (1)tee (2)tell (5)ten (1)terms (2)testimony (3)Thank (18)Thanks (1)thereof (1)thing (5)things (11)think (29)thinking (4)Thomas (1)thought (5)three (6)tie (2)TIME (11)times (1)TMS (1)today (9)today's (4)Tom (4)

tops (1)total (1)TOWN (10)transcribed (1)transcription (1)tree (12)trees (14)tried (1)true (3)truly (1)try (1)trying (7)turn (1)turns (1)Turtle (1)two (13)two, (1)two-car (3)types (1)typical (2)

Uh-huh (7)unable (1)unanimously (1)uncommon (1)understand (1)understanding (1)understood (1)undulate (1)Unfortunately (1)uniform (1)unique (2)unnecessary (4)unreasonably (4)unusual (2)uptick (1)Use (15)uses (1)utilitarian (1)utilization (5)utilized (2)

< V >vacation (1)valid (1)value (2)values (1)Van (1)

vantage (3)Variance (87)Variances (5)vast (1)vegetation (2)vegetative (1)verbiage (1)vertical (1)vicinity (7)view (10)viewpoint (1)views (1)Vinyet (1)virtually (1)visit (3)visual (4)vote (3)voting (1)

< W >walk (1)walkway (3)want (11)wanted (7)wants (2)Warren (1)waste (1)wasteland (1)water (1)way (15)ways (1)weak (2)welcomes (1)Well (31)went (3)we're (20)Werking (39)west (3)we've (9)width (2)window (2)winds (1)win-win (1)wise (2)wish (3)wishes (2)wishing (1)withdraw (2)Witness (1)

witnesses (2)word (2)work (8)workings (1)works (1)worried (3)worry (2)worse (1)worth (2)write (6)writing (1)written (1)wrong (2)wrote (5)WWW.CLARK-ASSOCIATES.COM (1)

< X >Xs (1)

< Y >y'all (12)yard (22)Yeah (19)year (1)years (2)YOUNG (12)

< Z >ZONING (39)

Kiawah Island BZA Meeting · 2016-12-07 · 15 to be three of the four to grant the Variance 16...

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Transcript of Kiawah Island BZA Meeting · 2016-12-07 · 15 to be three of the four to grant the Variance 16...