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From YouTube: Beaufort County Council Zoning Board op Appeals 5PM
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A
According
to
the
County's
time,
we're
going
to
bring
this
meeting
to
order
first
of
all,
welcome
to
Beaufort
County's
on
the
board
of
appeal.
This
is
a
meeting
that
meets
every
fourth
Thursday
of
the
month.
With
that
being
said,
it
is
our
custom
that
we
begin
our
meeting
with
the
Pledge
of
Allegiance.
If
I
could
ask
you
guys
to
stand
face
the
flag
and
recite
the
pledge
I
pledge
of
allegiance
to
the
flag
of
the
United
States
of.
A
A
Thank
you
always
good
with
all
public
notifications.
Yes,
all
right.
Adoption
of
the
agenda.
The
agenda
is
I
like
to
make
a
couple
Corrections
before
we
adopt
that
agenda.
I
like
to
make
note
that
item
numbers.
A
Has
been
removed
from
our
agenda,
you
know
that
the
county
and
the
applicant
has
resolved
that
issue
on
their
covenants
and
item
number
eight
and
ten
I
would
like
to
reverse
those
two
I'm
quite
sure
the
applicant
for
the
special
use
would
appreciate
that,
because
not
knowing
how
long
this
dark
bears
will
take
so
I
like
to
recommend
that
those
two
items
eight
and
10
be
swapped.
C
D
May
I
have
I
want
to
add
one
change
and
an
adopting
of
the
agenda
with
the
2023
meeting
schedule.
If
we
could
delete
the
December
14th
meeting.
C
A
Okay,
so
if
that
being
said,
it's
been
agenda
has
been
adopted,
I'll
get
someone
to
second
that
I
I.
Second,
it's
all
in
favor
of
adopting
the
agenda.
This
has
been
passed.
Approval
of
the
August
meeting.
Everyone
had
the
opportunity
to
look
at
the
August
meeting,
yeah
any
changes,
deletion.
E
E
F
A
So
all
in
favor
all
right
all
right
any
opposed
all
right.
It's
been
adopted
the
September
meeting,
September
22nd.
Everyone
had
the
opportunity
to
look
at
those
meetings.
A
Okay,
I'll
make
note
that
I
was
not
in
attendance
on
that
meeting.
So
I
will
be
refraining
from
voting
on
this,
but
I
might
make
someone
I'll
get
someone
to
make
a
motion
to
adopt
that
I'll.
A
It's
not
good,
probably
made
in
second
by
I,
guess:
Miss
Bromley.
All
the
people
have
adopted
the
22nd
September
22nd.
All
right,
that's
been
adopted,
moving
right
along.
A
A
A
So
we're
moving
to
item
number
10
well
10
on
our
right.
Well,
it's
really
eight,
but
we
swapped
it
around
yeah,
especially
use
Mr
and
Mrs
Gary
pretty
you
can
come
forward
and
let
us
know
what,
while
you're
here,
foreign.
B
B
B
B
Our
development
on
little
horse
has
none
of
these
and
Hilda
gay
stated
clearly
that
these
specific
covenants
on
horse
Island
do
not
pertain
to
our
development
on
little
horse
Island.
Our
only
about
our
winged
Oregon
has
to
have
his
name
removed
on
the
horse,
Island
development
petition
because
living
on
little
horse
Island
development.
His
property,
is
not
part
of
their
horse.
Island
development,
when
Gary
and
I
bought
our
lawyer
reviewed
Hilda's
intentions
with
us,
and
we
knew
we
could
do
short-term
rentals
to
be
clear.
B
We
understand
and
respect
the
residents
of
horse
Island
who
want
to
maintain
their
restrictions
and
not
allow
short-term
rentals
horse
Island
being
a
separate
development,
has
no
jurisdiction
over
our
development
and
no
right
to
change
our
property
rights.
The
reason
we
are
here
tonight
is
to
get
approval
for
a
permit
for
short-term
renting
of
our
primary
residence.
We
will
be
the
only
property
running
and
will
continue
to
be
very
respectful
before
we've
told
that
we
were
needed
approval
and
a
business
license.
B
We
heard
no
complaints
from
our
immediate
neighbors
that
we
had
informed
of
the
rentals.
We
also
didn't
not
know
that
horse
Island
development
was
putting
together
a
petition
against
our
property
rights
that
have
nothing
to
do
with
them.
We
stopped
renting
when
we
got
a
letter
from
the
county
telling
us.
We
need
to
get
a
business
license
and
we
began
the
process.
B
In
conclusion,
our
past
rentals
have
all
been
very
respectful,
as
noted
by
our
neighbors.
They
followed
all
rules,
and
we
are
very
careful
about
who
we
went
to
also
we've
had
a
hundred
percent
satisfaction,
no
complaints
and
no
record
from
the
logins
we
check
from
the
local
police.
After
we
told
they
had
come
to
our
house.
B
We
do
not
use
Airbnb,
just
have
one
family
renting
and
they
must
stay
a
week,
acquire
VRBO
insurance
and
have
a
cert
security
deposit.
Also,
we
give
them
a
complete
outline
list,
rules
that
include
driving
speeds.
We
limit
their
cars,
giving
them
two
ways
to
get
to
our
house
from
horse
island
or
Harbor,
River
Circle,
no
social,
Gatherings
of
any
kind
and
provide
lots
of
neighbor
respect
in
case
of
a
problem.
We
have
a
caretaker
to
stop
by
and
I
have
an
example
of
the
signs
that
my
neighbors.
B
Let
us
put
up
to
show
that
it's
a
private
air
area,
because
I
also
help
with
the
wild
horses
there
making
sure
that
people
just
don't
come
down
to
see
them,
which
I've
spent
quite
a
great
deal
of
time.
With
one
thing
personally,
my
my
husband
has
developed
asthma
and
in
the
summer
it
gets
worse.
So
this
has
been
something
we
were
looking
at:
we're
never
going
to
run
out
all
the
time.
This
is
our
primary
resonance
and
we
love
it.
We
love
little
horse
Island.
We
really
do
I
feel
so
lucky
to
live
there.
G
If
I
may
have
just
a
couple
things
pretty
much
the
same
as
what
Kate
has
mentioned
here,
we're
very
respectful
of
the
neighboring
horse,
Islands
right
adjacent
to
us
as
far
as
speed
limits,
it's
a
Sandy
dusty
road,
keep
the
speed
limit
under
10
miles
an
hour
as
we
tell
people
anything
over
that
and
you
haven't
had
rain
in
a
week
or
two
and
you're
sending
dust
all
over
the
place.
Just
one
example:
keep
the
noise
down
no
Gatherings
parties.
G
Our
parking
space
here
is,
if
you
can
see
it
on
the
flat.
C
G
G
I
would
also
like
to
say
that
we
feel
that
our
property
rights
are
being
intruded
upon.
There's
only
two
homeowners
we're
one
of
them.
The
other
one
is
Wayne
Jernigan
and
we
just
found
out
yesterday.
There
was
a
petition
but
around
from
people
on
horse
Island
and
they
have
Wayne's
signature
Wayne
found
out
that
he
had
signed
that
in
error
and
he
sent
a
note
to
Hillary
and
we
also
have
copies
of
that
email.
That
was
just
done
yesterday.
So
he
bowed
out
of
the
petition
when
he
found
out
that
there
were.
D
B
No
not
at
all,
but
we
do
have
a
caretaker
okay.
So
if
there's
you
know,
we
we've
been
very
fortunate.
I
acknowledge
that
too,
but
we
haven't
really
had
any
problems
and
I.
That's
very
important
to
us
to
understand
anybody
who's
staying
there,
that
it
is
our
home
and
we
have
neighbors
and
I
I.
Do
that
very
much,
because
I
was
fortunate
enough
to
be
asked
to
work
with
the
Wild
Marsh
Takis
and
I
am
very
protected
of
them,
along
with
my
house
and
my
husband.
A
G
There
no
I
can
show
you
third
page.
Almost
the
last
paragraph
I
bracketed,
you
know,
has
Hilda
gay
wrote
that
in
February
of
1973.
she's
after
going
through
all
the
nine
regulations
and
restrictions
that
she
put
on
horse
Island,
you
would
think
that
would
pertain
to
us
little
horse.
She
specifically
says
the
above:
covenants.
Restrictions
do
not
apply
to
that
adjacent
island
called
little
horse.
Islands.
B
They're
they're
two
separate
developments
and
we
were
told,
as
I
said,
when
we
moved,
we
went
over
with
the
lawyer
downtown,
who
was
very
clear
at
us
understanding
that
we
don't
have
any
restrictions.
Our.
G
Intention
is
to
just
obey
the
rules
and
regulations
of
the
Beaufort
County
such
as,
if
we
are
approve,
obviously
get
the
business
license
and
follow
All
County
rules-
that's
those
are
our
Covenants.
We
there's
nothing
written
for
our
Pro,
our
property
and
Wayne's
property,
and
he
owns
actually
three
out
there.
That
says
anything.
We've
been
told.
The
original
intention
back
in
the
early
70s
is
for
that
area
where
we
live
to
be
used
for
farm
farm
animals
and
farming.
G
B
We've
lived
there.
Oh,
he
said
how
long
have
you
been
raining?
We
rented
just
for
a
couple
of
years
when
we
first
moved,
but
then
we
found
out,
we
needed,
you
know
the
license
and
we
stopped
everything
immediately,
because
I
I
was
told
by
someone
that
I
would
get
fines
and
and
regardless
of
the
fact
that
I
was
going
to
get
fines.
I
wouldn't
do
that
anyway.
You
know
okay,.
B
G
You're
you're
in
in
the
well,
we
have
six.
B
A
H
That
it
did
not
cover
middle
course,
which
is
which,
but
we
recommended
the
people
and
without
the
covenants
and
restrictions
I
didn't
see
anything
that
would
stop
them
from
doing
the
short-term
rental.
Thank.
I
I
I
have
the
original
survey
in
my
hand,
it
pro
and
y'all's
GIS
I
went
by
the
surveyor's
office
and
it
clearly
states
where
the
property
line
is
and
I've
got
copies
of
this.
If
y'all
need
to
see
it
and
I
have
a
copy
of
the
Covenants
which
pertains
to
horse
Island,
not
little
horse
and
I've
got
where
they
tried
to
change.
The
covenants.
I've
got
a
majority
of
signatures,
less
Wayne's,
three
signatures,
I
still
have
the
majority
of
the
signatures.
I
I
I
I
by
David,
Trojan
I
think
that's
his
name.
If
I'm
pronouncing
it
right,
Yeomans
and
it
shows
it
shows
the
line
where
it's
at
and
it's
very
Romans
did
the
clear
way
it
is.
I
went
back
in
there
today
to
the
office
that
I
got
this
survey
from
and
it
shows
that
the
property
and
concerns
is
on
Pulsar.
Could.
A
We
see
that
that
flat
that
you
have
right
there,
that's
showing
where
little
horse
hour
begins
in
many
additional
copies.
I
I
J
K
C
I
House,
okay:
the
house
is
included
on
little
holes
and
horse
hour,
and
but
it's
not
on
the
walls.
Their
property
line
ends
right
here.
L
H
J
Where
these
people
are
and
then
there's
their
quite
a
preference,
the
35
and
two
of
four
elements,
so
that
I
would
look
better.
Hillary
I
mean
I
approach.
The.
D
So
Mr
chairman,
could
we
recommend
to
table
this
application
to
as
Hillary
gets
the
subdivision
map
and
that
we
can
clarify
what
properties
is
on
the
horse
Island
and
little
horse
Island
yeah.
H
B
I
just
want
to
say
one
thing:
this
is
complete
news
to
us.
We've
had
everybody
look
from
lawyers
to
everything
else
and
we
were
told
by
our
lawyer.
G
B
L
B
So
happy
that
we
told
them
they
have,
as
I
said
they
have
three
properties,
they
have
the
house,
they
have
The
Gardener's
house
and
they
have
four
Lots
so
hearing.
This
is
shocking,
because
why
would
all
of
a
sudden
after
my
post
office,
the
state
of
South
Carolina
and
everybody
has
me
as
little
horse
Island
I
mean
I.
Think
it's
unreasonable
to
have
someone
come
in
and
chat
besides
telling
us
what
we
can
do
on
our
property.
Tell.
D
Us
really,
we
have
a
new
new
property
line,
may
I
interrupt
for
a
minute
Miss
party.
The
confusion
on
my
part
is
this
plot
that
you
submitted
to
us
says
it's
horse
Island,
it
doesn't
say
it's
a
little
horse
Island.
So
that's
why
I
would
want
to
make
sure
that
it's
we
were
I.
B
H
I
D
I
would
think
the
best
way
is
for
us
to
find
out
what
is
in
the
subdivision
by
the
subdivision
division.
Instead
of
having
us
decide
what
the
subdivision
division
is,
because
we
don't
know.
A
A
M
M
M
So
right
now,
we've
had
two
homeowners
sell
on
our
Island.
They
bought
they
sold
within
six
months.
They
were
run
off
by
John
Knight
because
they
thought
they
could
do
short-term
rentals.
I
don't
have
a
problem
with
it.
I
think
we
need
to
look
down
the
path
and
if
you
control
it,
we
don't
want
to
rent
hours,
we're
planning
to
move
down
here
permanently
within
two
years,
but
I
just
for
the
record
I'm
not
against
it,
but.
A
M
And
I
know
that's
none
of
you
guys,
don't
really
care
about
that.
We
only
have
21
homes,
but
we
do
have
two
pieces
of
property.
We
do
have
the
property
next
to
us
and
then
the
property
that
the
house
is
on.
But
I
just
want
to
say
for
the
record
and
if
they're
on
little
horse
I
don't
care,
they
can
rent.
A
E
Hello,
this
is
hard
for
me
because
these
are
my
neighbors
on
both
sides
of
us.
My
husband,
Ray
and
I
have
lived
at
horse
Island
for
32
years.
We've
owned
our
property.
We
were
there.
We
were
the
only
house
out
there
before
their
house
was
built
before
Wayne
jurgensen's
House
was
built.
We
were
the
only
house.
There
were
28
ponies
out
there
at
the
time
we're
down
to
eight.
That's
not
the
point
we
are.
We
are
live
on
little
horse,
Island
Drive.
E
We
are
on
horse
Island,
it's
the
same
as
they
are,
and
we
just
don't
want
Airbnb.
As
John
said,
others
have
tried
it.
The
covenants
covers
it.
It's
we
all
when
we
bought
how
many
years
ago,
the
covenants
was
there.
No
businesses
and
Airbnb
and
verbo
are
businesses
and
I'm
just
want
to
say
I'm,
sorry
that
we're
on
two
different
sides
of
the
fence
over
this,
but
we
don't
want
it
on
little
horse
island
or
a
horse
Island,
and
it's
a
small
little
area
where
it's
one
little
loose
around.
E
You
can
walk
it
from
here
to
the
end
of
this
building
and
back
and
a
lot
of
people
walk
it
grandchildren
come
down.
We
just
don't
want
this
in
and
out
weekly
renting
and
the
homes
that
Stacy
spoke
of
they
bought
with
good
intention.
I
would
like
new
neighbors
come,
but
they
were
going
to
Airbnb
every
week
during
the
summer
and
that's
just
not
what
this
little
precious
Oasis
is
on
horse
Island
it's
on
the
marsh,
it's
beautiful
and
we
just
don't
want
the
transient
in
and
out.
E
A
Okay,
that
close
the
public
comment
with
that
being
said,
I
think
until
we
gather
further
information
on
this,
as
you've
stated,
I
think
it's
wise
for
us
to
just
table
this
until
our
next
scheduled
meeting,
which
is
next
month,
and
if
that,
if
you're,
okay
with
that,
no.
D
J
B
My
question
is,
if
all
of
a
sudden
after
you
were
told
you
we're
living
in
a
specific
Place
little
horse
Island,
you
were
given
Covenants
and
now
you
have
neighbors
who
are
trying
to
Sucker
Punch
you,
which
is
exactly
what
they're
trying
to
do,
because
if
they
wanted
to
do
the
right
thing
and
they
thought
there
was
some
confusion,
they
would
call
me
up
and
say:
Kate.
We
don't
think
you're
on
little
horse,
and
you
know
what
I
would
have
done,
because
I
didn't
even
think
this
was
going
to
be
an
issue.
B
I
would
have
called
my
lawyers
and
I
would
have
called
Wayne
Jernigan's
daughter,
who
just
one
of
his
properties,
is
down
the
road
from
us
on
the
right.
So
that
he's
like
even
further
away
from
us
and
I
would
say.
Let's
talk
and
then
I
would
also
talk
to
the
two
lawyers
who
tried
to
help
the
people
who
wound
up
selling
their
house
and
which
was
okay,
I
found
very
sad
I,
don't
believe
in
in
Reynolds
being
all
over
the
place.
I
believe
you're
respectful.
B
B
B
And
and
sat
there
with
us
and
said
these:
are
your
covenants
and
I
said
Gary?
Maybe
if
we're
not
around
much,
what
I
can
do
is
maybe
run
a
little
bit
and
we
can
travel
because
I
haven't
been
anywhere
past,
I,
don't
know
Idaho,
but
and
we'll
do
it
responsibly
and
that
you
know
I
think
our
record
speaks
for
itself.
But
this
feels
like
a
sad
technicality
to
me
that
he's
doing
this,
because
maybe
I'll
go
home
and
write
up
on
a
different
map:
I,
don't
I!
B
A
D
That
way
continue
this
item
to
our
next
meeting.
Second,
so.
A
A
K
How's
everybody
good
evening
good
evening,
I've
filled
out
the
application
and
I
wrote
a
summary.
Should
I
read
the
summary.
Would.
K
A
K
As
you
can
see
by
the
summary
of
my
wife
and
I
purchased
a
lot
in
Rose
Hill,
the
lot
came
with
an
approved
ocrm
doc
permit
and
ARB
approval
for
the
to
build
the
dock
and
I
found
out
later.
The
dock
was
a
little
over
the
limit
and
so
we're
just
asking
for
variants
to
construct
the
dock.
K
There
are,
there
are
two
variances
the
way
the
dock
was
designed.
It's
I
think
it's
roughly
318
feet,
plus
the
pier
head.
So
it's
about
328.
K
K
I
think
it's
very
close
to
the
property
line.
Yes,
but
I
think
what's
unique
about
the
lot.
Is
that
on
that
side,
I
don't
have
a
neighbor
that
property
is
owned
by
Rose,
Hill
and
they've,
granted
the
variance
to
to
allow
the
floating
dock.
K
If
you
look,
if
you
look
at
the
survey,
there's
a
smaller
Creek
that
that's
also
on
the
property,
but
the
problem
with
that
smaller
Creek
is
that
my
neighbor
uses
that
Creek
for
his
Dock
and
or
to
access
the
river
and
if
I
built
a
dock,
there
I'd
be
blocking
him
from
accessing
the
river
and
that's
according
to
the
neighbor,
and
also
the
the
dock
Builder
looked
at
and
he
felt
like
that.
Creek
would
be
too
small
as
well.
D
So
this
property
property
next
door-
those
that's,
not
a
lot
that
would
potentially
be
for
sale,
but
this
is
common
property.
K
Correct,
that's
just
a
common
property,
yeah
and
I
understand
that
you
know
the
20-foot
setback.
I
understand
the
nature
of
that.
You
don't
want
to
have
something
built
right
up
on
your
property
line,
it's
going
to
affect
your
neighbor,
but
you
know
what
this
isn't:
a
really
a
vertical
structure:
we're
talking
about
the
floating,
Dockers
horizontal
in
nature
and
it's
100
yards
out
into
the
marsh,
or
it's
not
blocking
anybody's
view
or
having
any
impact
on
anyone
and,
like
I,
said,
there's
no,
no
neighbor
on
that
side.
K
C
K
K
C
J
H
H
Did
yeah
out
there
it's
laid
out
so.
K
K
A
So
I
guess
your
duck.
If
you
were
to
build
on
that
Creek,
your
dock
would
pretty
much
be
and
what
what's
the
length
and
width
of
his
floats
your.
K
Neighbor,
his
is
probably
eight
by
fifteen,
maybe
I'm,
not
sure,
and
you
are
proposing
to
the
floating
dock
on
the
plane.
You
have
is
eight
by
Twenty
I've
actually
amended
that
slightly.
So
it's
a
little
bit
smaller
and
actually
I've
amended
my
Boardwalk,
so
the
boardwalk's
a
little
bit
shorter.
If
you'd
like
to
see
it
so
it's
16
feet
so.
K
K
A
Yeah
and
I'm,
just
looking
at
your
options
here,
your
second
option
that
that
you
were
referring
to-
and
it
just
appeared
that
it
could
possibly
go
to
this
smaller
tidal
Creek,
and
that
way
you
wouldn't
need
a
variance
for
side
variants,
nor
dock
lift
variance,
and
you
can
still
you
know,
navigate
obviously
not
on
the
high
tide.
I
mean
on
a
low
tide,
but
you
know
you
would
have
to
wait
until
the
tide
come
up
and
it's
all
about
minimizing
the
disturbing
of
the
Marshland.
So.
D
A
A
D
A
D
For
10
years,
probably
12
years
after
they
put
that
dock
in
there
were
no
redfish
there,
where
there
had
been
full
of
redfish
prior
to
the
dock
and
I.
Think
just
the
chemicals
of
the
piers
affected.
The
the
feeding
area
of
the
redfish.
A
K
K
A
A
C
K
You
well,
it
goes
completely
dry
at
low
tide,
okay
and
so
hour
and
a
half
after
low
tide
there's
enough
water
to
get
out.
But
you
know,
then:
if
I've
got
a
floating
dock
and
a
boat,
then
he's
got
to
get
out
around
all
that
it
just
it
just
might
increase
the
time
or
decrease
the
time.
I
guess
that
he
would
have
access
well,
I
mean
I
mean
that's
a
shorter
dock.
It's
going
to
save
me
money!
So
that's
all
good!
But
I'm
just
concerned
about
my
neighbor.
D
D
K
K
I
was
considering
is
just
having
here
right
here:
get
rid
of
the
floating
dock
and
have
a
just
have
a
boat
lift,
because
it
seems
like
that
space
right
there
rejecting
up
for
a
boat,
lift
and
then
I'm,
not
in
the
setback
but
I'd
still
probably
to.
L
D
K
Suggestion
would
be
to
try
to
put
something
in
the
smaller
Creek.
So
do
you
think
it
would
be
possible,
maybe
just
to
well
I,
guess
what
I'm
asking
for
then,
if
I
could
get
to
310
and
just
put
a
lift
instead
of
a
floating
boat,
but.
A
A
N
N
But
if
you
you
know,
if
we're
gonna
approve
that
at
300
and
let's
call
it
six
meters
whatever
it
is,.
D
H
N
K
D
K
We're
here,
okay:
well,
let
me
give
that
some
thought:
okay,
I'll,
give
you
your
options
and
maybe
so
maybe
come
back
with
310
and
a
lift
or
maybe
do
something
in
the
smaller
Creek
I
really
don't
want
to
bother.
My
neighbor,
though
so
I
might
just
come
back
with
a
310
and
a
lift.
Let
me
give
you
that
shot.
Okay,
that's.
C
K
H
A
F
You
Mr
chairman,
my
name
is
John
Carroll
I'm,
a
partner
at
the
law,
firm
of
burn
Foreman.
We've
got
two
offices
here
in
Beaufort
County
and
we
represent
Miss,
Carr,
Hughes
and
Mr
William
Duncan
and
the
owners.
The
current
owners
of
199
Frip
point.
This
is
in
Fruit,
Point
Plantation
in
St,
Helen,
Island
and
adjacent
to
their
property
is
Village.
Creek
Village
Creek
is
a
home
of
several
docks,
similar
the
one
that
we're
seeking
a
variance
to
construct
today
and
also
the
home
of
commercial
fishing.
F
Enterprises
that
run
up
and
down
the
creek
and
Miss
Hughes
gave
our
firm
a
call
because
she
desired
to
seek
a
zoning
variants
or
I
should
say
a
variance
permit,
because
the
the
and
the
counties
you'll
see
in
the
County's
staff
report,
the
county
identifies
Village
Creek
as
a
small
Title
Creek,
and
the
code
section
that's
relevant,
as
cited
in
our
application.
Narrative
defines
small
Title
Creek
in
two
ways,
and
that's
really
why?
Why
we're
here
today?
F
We
you
know
our
position
is
that
the
CDC
is
in
conflict
with
itself,
because
it
provides
two
definitions
of
what
a
small,
tidal
Creek
is
and
the
first
definition-
and
forgive
me
I'm
speaking,
to
division.
Four,
two
one:
ninety
d,
the
first
definition
is
small
title:
creaks
are
defined
as
a
tidally
influenced
bodies
of
waters
that
are
100
meters
or
less
in
width,
measured
from
Marsh
Bank
to
Marsh
bank,
and
then
the
very
next
sentence
would
be
the
second
definition.
F
F
You
know
considered
whether
or
not
a
property
was
on
a
small
Title
Creek
and
the
CDC
directed
a
reader
of
the
CDC
to
go
to
the
map
and
this
body,
the
chairman
of
this
body,
the
late
chairman,
said
we
can't
we
are.
We
are,
as
they
say,
stuck
with
the
map.
I
think
what
you're
asking
us
to
do
is
make
an
interpretation
that
is
inconsistent
with
what
the
map
shows.
F
We
don't
have
the
power
to
do
that
and
if
you
were
to
review
appendix
F,
which
is
the
second
definition
of
small
Title
Creek
we've
highlighted,
which
I
tried
to
conveniently
label
as
our
exhibit
F
in
our
narrative.
We
provide
a
copy
of
appendix
F
and
we
put
a
red
dot
where
the
property
is
located.
F
F
So
the
construction
is
that
you
are
allowed
to
have
a
dock
up
to
300
feet
which
and
if
I
had
been
good
at
math
I
would
have
gone
to
business
school
in
a
law
school,
but
if
I
believe
that's
about
90
percent
of
a
100
meter
Creek.
So
you
know
obviously
what
it's
about
90
meters
I
believe
300
feet.
So
what
we're
we're
not
Desiring
to
go
to
Jet
right
across
the
whole
Creek.
If,
if
you
look
at
I
believe
it's.
F
You
know
we
we're
you
know
it.
There
is
Marsh
that
the
vast
majority
of
our
desired
construction,
which
is
a
little
over
700
feet,
goes
over
Marsh
and
Marsh,
Grass
and
Bluff
mud
and
so
forth.
F
And
then
you
know
that
the
the
minority
of
the
construction
is
where
the
deep
water
is
where
the
fishing
vessels
are
and
I'd
like
to
also
point
out
and
exhibit
I
believe
it
is
Jay
I,
called
it
a
satellite
image
to
sound
fancy,
but
it's
it's
really
just
a
screenshot
of
Google
Maps,
but
it's
the
satellite
image
of
Google
Maps
and
you
can
see
what
I
mean,
how
the
immediate
are
nearly
immediate.
Next
door.
F
You
know
the
I
know
this
is
no
time
for
games,
but
the
the
hypothetical
that
that
I'd
like
for
you
to
Envision
is
it.
You
know
if,
if
I'm
a
driver,
that's
driving
down
highway,
170
and
I
see
a
speed
limit
that
says
35
miles
an
hour
and
right
immediately.
The
very
next
thing
that
a
driver
could
read
is
a
65
mile,
an
hour.
Speed,
limit
and
I
mean
I
happen
to
be
driving
somewhere
in
between
there
and
I'm
in
compliance
with
one,
but
not
the
other.
F
To
me
that
vagueness
in
the
law
creates
our
exceptional
and
extreme
circumstance.
That
would
give
rise
to
a
variance.
Should
you
should
you
elect
to
to
provide
a
variance?
So
that's
our
primary
argument.
We've
got
one
definition
that
says
it's
100
meters
from
Mars,
fake
to
March
Bay,
and
then
it
says
in
inventory
it
doesn't
say
a
partial
inventory
doesn't
say
an
incomplete
inventory.
It
says
an
inventory
of
all
of
small
title.
F
Creeks
is
depicted
on
a
pendant's
app,
it's
easy
to
see
why
every
other
owner
of
property
relied
on
that
map,
including
our
client.
So
that's
our
that's.
Our
primary
argument.
I
have
a
few
more
and
which
are
much
shorter
in
lengths
and
I
promise
to
be
respectful
of
your
time.
F
Even
the
first
sentence
itself
is
vague
on
its
face.
100
meters
from
Marsh
Bank
to
Marsh
Bank
Marsh
bank
is
not
a
defined
term.
I
tried
to
find
it
it's
not
in
the
Webster's.
Dictionary
is
not
in
the
black
slaw
dictionary.
It's
not
I,
don't
believe
it's
in
the
CDC
and
we're
all
members
of
a
low
country
family
here,
I
bet.
If
you
got
two
guys
or
two
girls
to
point
at
where
the
marsh
Bank
was
is
located,
you
might
have
disagreement
as
to
where
that
is
so.
I
would
argue.
F
F
Perhaps
so
that's
you
know
when
you're,
when
you're
asking
owners
to
rely
on
the
CDC
and
they
look
at
this
math
and
it's
not
shaded
in
as
a
small
title
Creed
and
then
it's
difficult
to
point
where,
where
a
marsh
Bank
begins
and
where
it
ends,
you
know
it's
it's
Unique
in
the
CDC,
because
many
other
areas
of
the
CDC
to
you
know
use
terms
like
where
the
high
mean
Watermark
is,
and
I
can
point
to
that.
F
But
to
me
the
marsh
Bank
to
Marsh
Bank,
it's
reasonable
to
see
how
that
could
lead
to
to
differing
reasonable
interpretations
and
and
I
agree.
This
is
a
very
difficult
charge
that
you're
charged
with
to
to
interpret.
F
You
know
the
words
in
the
map
that
we
have
in
front
of
us.
The
the
and
I
will
say
this.
You
know
going
back
to
our
first
argument.
Forgive
me
when
the
late
chairman
stated
that
what
we
have
is
the
map.
The
map
is
the
map.
My
point
is:
we
have
two
ordinances
that
are
equally
valuable,
so
the
map
is
an
ordinance.
F
Make
no
mistake,
since
it's
made
up
of
an
image
and
not
words,
it's
not
as
though
it
is
not
an
ordinance
so
and
if
you
know,
there's
no
guidance
in
the
words
that
says
whether
or
not
the
map
controls
the
words
or
whether
or
not
the
words
control
the
map
or
whether
or
not
we
have
to
comply
with
both
or
one
or
the
other,
and
going
back
to
my
hypothetical,
with
the
two
speed
limit
signs
on
the
side
of
the
road
I,
you
know
I
feel
like
to
ignore
one
definition
and
one
ordinance
and
not
the
other,
to
the
detriment
of
my
client,
particularly
when
we
have
neighbors
in
the
audience
who
are
all
in
support
of
the
doc,
because
it
mirrors
the
docs
that
are
already
there.
F
It
seems
Seems,
fundamentally
unfair,
and
that
is
another.
That's
that's
really
our
third
argument,
the
fairness
argument.
That's
you
know
the
particularly
since
we
there
seems
to
be
no
to
little
to
zero
impact
to
the
surrounding
homeowners.
F
F
So
you
know,
I
would
suggest
that
that
also
independently
creates
an
extraordinary
circumstance
that
would
give
rise
to
a
variance
permit.
Should
you
be
inclined
to
to
grant
that
that
that
is
in
a
nutshell
or
argument,
I'm
happy
to
answer
any
questions
you
have.
F
A
F
If
you
look
at
this
stock,
you
can
see
that
OCR
M
line
is
probably
where
that
it
looks
to
be
just
about
where
that
deep
water
begins.
Obviously
this
is
an
eyeball
estimate
here,
but
if
you're
measuring
from
from
this
distance,
then
then
it
you
know
it
only.
It
only
seems
fair
to
give
us
the
same
benefit
of
of
the
measurement
then
allow
our
measurement
to
start
here
at
the
same
line.
So.
F
Yes,
yes,
sir,
so
if,
if
the,
if
this
is
the
line
that
we're
measuring
from
then
the
dock,
that
one
might
argue
that
the
dock
is,
you
know
let
less
than
100
feet.
It
looks
like
I.
Don't
have
that
measurement
right
here,
but
because,
if
this
is
not
dock
or
if
this
is
not
creep
a
part
of
the
creek,
then
this
would
not
be
dock.
That
would
be
a
wood
plank
on
the
ground.
Now
our
argument
is
not
that
or
you
know
it's
clearly
marks
grass.
It's
it's
you
would.
F
You
know
I
wouldn't
take
my
flip-flops
out
there.
So
our
argument
is
that
this
is
the
creek
going
off
of
this
definition.
So
the
definition
is
from
Marsh
bank,
it's
a
marsh
bank
or
the
or
take.
If
you
don't
like
that
definition,
you
can
look
at
the
other
definition,
which
is
look
at
appendix
F,
which
does
not
shade
this
as
a
small
Title
Creek
and
going
back
to
my
speed
limit
example.
Exhibit
f
is
the
higher
speed
limit
and-
and
you
know
the
100
meters
is
the
lower
one.
D
F
F
Well,
I
suppose
I
mean
with
and
of
course,
with
respect,
I
suppose
if,
if
I'm
a
buyer
of
the
property
and
the
CDC
says
an
inventory
of
small
title,
Creeks
is
on
appendix
F
and
I
Look
to
appendix
F
and
my
property's.
Not
on
that,
then
it
seems
to
be
an
easy
appeal
to
win
now.
I'm,
not
suggesting
that
this
is
an
easy
case,
but
I
could
see
how
a
homeowner
a
home
buyer.
When
you
have
a
next
door
neighbor
that
has
an
a
dock
of
almost
equal
distance.
F
J
On
tour,
what's
the
point
of
the
the
next
line?
It
says
the
director
May
request
a
survey
from
a
certified
land
surveyor
to
verify
the
width
of
the
creek.
To
me,
that
seems
it's
clear
and
plus,
even
if
you
go
back
to
the
Weaver
case,
which
you
cite
director
Greenway
is
saying
in
there
hey
the
whole
point
I'm
getting
we're
creating
a
definition
is
because
there
was
confusion
from
the
map
and
that
the
map
would
just
become
a
reference
point
of
there.
J
I
understand
and
appreciate
your
argument,
but
I
think
it's
clear
that
if
it's
100
meters
or
less,
you
know
you're
in
a
small
Title
Creek,
and
it's
not
just,
but
if
it
doesn't
fall.
If
it's
not
listed
on
appendix
health
and
I,
think
the
fact
that
the
director
can
request
a
survey
makes
it
pretty
clear
that
exhibit
F
isn't
inclusive
of
every
small
Title
Creek
in
Beaver
County.
F
A
F
F
You
know
and
I
I
understand
that
the
CDC
is
certainly
in
conflict
with
the
cell
and
if
you
look
at
certain
definitions
and
then
we
clearly
don't
don't
qualify
for
this,
but
if
we're
also
ignoring
the
map
and
other
other
definitions-
and
we
also
don't
have
if
it
said
where
the
OCR
M
line
starts
and
I
I
would
understand
a
board
member
Frederick's
argument
that.
F
D
Ocr
limb
is
up
against
the
marsh
and
the
the
property
and
the
creek
Marsh
line
is
out
on
the
other
side
of
the
actual
Marsh
at
the
riverbank
beginning
of
the
creek.
F
Begins
my
mind:
it's
it's
a
difficult
interpretation,
because
there's
no
definition
for
marsh
bank
I
I,
don't
know
where
the
marsh
bank
is
so
it's
difficult
for
me
to
comply
with
it
and
I.
Suppose,
that's
my
point.
If,
if
we've
got
a
map
that
doesn't
that
says,
we
comply
and
another
ordinance
with
words
that
says
we
don't,
we've
got
the
one
with
words
doesn't
clearly
Define
where
the
measurement
begins.
F
That
to
me
creates
an
extraordinary
circumstance,
particularly
given
that
the
rest
of
this
of
this
neighborhood
has
similar
docks,
has
no
issue
or
problem
with
this
whatsoever,
and
the
docs
are
clearly
not
harming
the
the
fishing
category
they're
the
fishing
industry
there,
because
we
have
commercial
vessels
up
there
every
day.
This
is
not.
This
is
not
a
commercial.
This
is
not
a
small
Title
Creek
such
as
the
prior
applicant,
which
is
dry
and
low
tide.
This
is
a
this.
J
Is
deep
water
and
the
other
thing
is,
though,
I
mean
I,
appreciate
you
deciding
the
Weaver
case,
but
I
think
it
cuts
both
ways
in
this
because
part
of
that
they
were
saying
hey.
The
Weaver
was
appealing
because
at
some
point,
someone
before
him
hit
his
neighborhood
had
a
doctor
or
he
was
getting
approved,
but
he
wasn't
in
in
they
said:
hey
look.
We
can
only
go
with
what's
before
us
and
we
can't
look
and
go
to
rectify.
Anything.
J
That's
been
done
in
the
past
and
what's
before
us
now
is
something
where
the
code's
been
changing
and
been
amended
to
specifically
nude
and
provided
definition,
so
that
things
that
might
be
missed
on
the
map
and
not
updated.
And
here
we
have
something.
That's
you
know
right
now:
we've
got
a
clear
Defender.
What
some
would
say
is
the
clear
definition
of
the
small
title
crate
that
this
clearly
seems
to
fall
under.
L
Well,
good
evening,
I
just
wanted
to
give
some
background
to
the
ordinance.
Since
that's
one
of
the
the
issues
that
has
been
brought
up,
we
adopted
the
original
doc
ordinance
I
believe
in
2000,
and
we
have
the
gis
Department
map
the
small
title
Creeks,
but
they
worked
off
of
the
GIS
mapping,
which
is
not
in
100
percent,
accurate
in
terms
of
measuring
the
width
of
of
the
creeks
and
we
we've
dealt.
L
We
dealt
with
those
maps
for
many
years
and
in
2018
in
response
to
you
know,
knowing
that
there
were
small
title
Creeks
that
were
not
listed
on
the
map
and
in
addition,
there
were
some
cases,
I
think
where
the
map
may
have
identified
identif
or
to
find
something
as
a
small
Title
Creek
that
may
not
have
been
won,
so
we
def.
We
decided
that
having
a
a
or
a
width
measurement
was
the
better
go-to
so
that
the
small
title
creaks
were
defined
by
the
100
meat,
meter,
width
and
I.
L
Believe
we
got
that
information
from
ocrs
their
definition
of
small
Title
Creek.
In
addition
to
that
term,
Marsh
bank
and
Marsh
bank
is
the
edge
of
the
water.
So
it's
where
the
water
becomes
the
Pluff
Mud,
you
know.
So
that's
that's
what
what
that
is
intended,
so
the
I
and
then
the
surveyor,
the
the
language
about
a
surveyor,
is
that
when
there
is
a
conflict
between
that
map
and
the
definition
of
the
small
Title
Creek,
it
puts
the
onus
on
the
on
the
the
applicant
to
hire
a
surveyor
to
measure
the
width
of
the
creek.
L
So
it
goes
you
know.
The
ultimate
definition
is
that
100
meter
width,
so
I
I
just
wanted
to
clear
that
up.
I
think
you
know
that
you
know
I,
think
that
that
would
help
in
understanding
staff's
interpretation
of
why
that
was
written.
The
way
it
is.
L
D
H
Stock
permit
I,
think
sometime
in
2020
or
something
like
that.
So
when
he
came
in
I
wrote
a
letter
stating
that
I
would
not
be
able
to
approve
his
doc
because
it
was
700
and
whatever
feet
and
looking
at
the
permit
at
ocrm.
It
shows
the
measurement
of
the
creek
and
this,
where
he's
putting
his
stock,
it's
measured
at
184
feet.
H
So
I
I
wrote
a
letter
and
I
told
him
I'm
not
able
to
approve
your
doc
because
you're
on
a
small,
Title
Creek
and
your
dock
is
too
long
and
he
appealed.
He
tried
to
appeal
it,
but
then,
during
that
time
these
people
bought
it
and
I'm
sure
they,
because
Mr
Carol
tried
to
appeal
their
buying
it
on
the
old
owners
letter
and
we
told
them.
No,
you
have
to
get
your
own
letter
for
these
people.
H
You
can't
use
the
old
property
owners
to
appeal,
so
that's
how
that
came
about
and
back
in
2016
when
the
next
door,
neighbors
doc
was
approved.
It's
because
we
only
had
that
map
and
if
you
look
at
that
map,
it
doesn't
show
it
as
a
small
Title
Creek.
So
we
just
said:
okay,
it's
the
only
map
we
have
you're
exempt
and
then
after
the
meeting
and
Mr
gasparini
and
all
that
came
about
with
a
map
planning
department
decided,
let's
go
ahead
and
put
a
clear
definition
of
what
a
small
title.
Greek
is
and.
F
I
may
provide
a
brief
response.
You
may
thank
you
and
that
that
was
very
helpful
from
the
county.
F
F
And
then
you
know
we
got
guidance
from
the
county
that,
since
we're
new
owner,
we
didn't
have
standing
and
the
more
appropriate
pathway
would
be
for
various
permits.
That's
why
we're
requesting
a
variance
permit,
but
the
the
words
and
thank
you
for
the
explanation.
With
the
background
in
the
history.
You
know
the
words
that
were
used
when
the
county
spoke
was
when
there
is
a
conflict,
use
100
meters,
but
I,
don't
see
those
words
in
the
ordinance.
F
It
says:
100
meters
from
our
state
to
Marsh
Bank
see
appendix
f
f
for
an
inventory
of
small
title
creaks.
It
does
not
say
when
there's
a
conflict
rely
on
the
words
it
it.
He
used
the
words,
the
ultimate
definition,
but
we
don't
have
that
guidance
here.
That's
that's
not
what
County
Council
adopted.
F
Those
are
not
the
words
that
County
Council
adopted,
so
it
I
find
it
difficult
to
imagine
that
County
Council
intended
for
us
to
completely
ignore
appendix
f
in
the
event,
if,
if
it
is
to
be,
if
it's
to
have
no
governing
effect
whatsoever,
if
that
were
the
case,
they
would
have
further
amended
the
CDC
to
delete
appendix
f.
F
So
our
our
position
from
the
get-go
is
that
is,
you
know
we
can
play
games
with
the
marsh
Bank
to
Marsh
bank,
but
our
our
ultimate
position
is
that
we
are
not
a
small
Title
Creek.
Pursuant
to
one
of
the
definitions
provided
in
the
CDC,
we
don't
have
any
further
Guidance,
with
the
words
on
the
page
there
as
to
whether
one
definition
trumps
the
other.
F
We
and
Mr
chairman
I'm.
We
believe
that
the
appropriate
way
to
to
pursue
this
was
an
administrative
appeal
that
was
filed.
Of
course,
that
one
is
filed
after
a
staff
decision
is
made.
Then
you
do
have
a
deadline,
and
then
we're
told
that
that
we
didn't
have
standing
to
appeal
on
that
decision.
So
I.
H
Guess
you
didn't?
You
can
appeal
this
on
your
own,
because
you're
saying
this
is
so
you
could
come
in
and
say:
oh
I'm,
appealing
this
tax
that
there's
a
problem
and
and
appeal
it
and
and
state
your
case.
But
the
county
is
saying
it
is
a
small
Title
Creek,
because
it
only
measures,
180
feet,
87
feet
for
you
wide
that
the
surveyor
has
surveyed
and
it's
on
the
plot
that
he
signed
and
it's
right
there
and
and
that's
what
we've
been
doing.
H
Ocr
has
been
allowing
these
survey
has
been
requiring
these
surveyors
to
survey
the
creek
march
to
Marsh
the
wit
of
the
creek
and
I.
Go
by
that
because
I
I
rely
on
the
survey
or
we
could
go
ahead
and
say:
okay,
the
director
May
request
a
survey
from
a
certified
land
server
to
verify
the
width
of
the
creek
and
send
you
back
to
go
verify
it
come
back
and
then
we'll
make
a
decision.
We
can
do
that.
F
Our
variance
is
that
the
the
various
requests
is
that,
since
there's
vague
definitions
within
the
CDC,
that
is
what
gives
rise
to
whether
or
that
is
that's.
What
gives
rise
to
the
extraordinary
circumstance
as
to
whether
or
not
a
homeowner
might
have
a
hardship,
and
there
might
be
confusion
as
to
whether
or
not
we're
small
title
Greek.
H
No
there's
a
section
in
the
code
that
says
if
there
is
a
conflict
or
if
there's
something,
that's
not
clear,
then
you
appeal
that
you
get
an
interpretation
and
then
you
appeal
it.
You
can't
come
for
variance
and
say
the
code
is
unclear
and
the
code
it's
black
and
white.
It's
a
hundred
meters
or
the
map
or
you
get
a
the
survey
to
measure
the
width
which
would
be
a
waste
of
money
because
it's
already
measured
and
it
is
a
small
Title
Creek.
L
H
F
Ma'am,
in
the
event,
we
were
to
appeal.
H
H
F
Thank
thank
you
so,
in
the
event,
the
more
appropriate
Pathway
to
to
argue
vagueness
in
the
text
and
the
CDC,
you
know
we
would
be
happy
to
file
an
appeal
of
assuming
my
my
client
agrees
in
in
the
case
of
a
hardship,
I
suppose.
F
Our
final
argument
would
be
our
our
third
one
being
just
a
just
a
fairness
argument
that
we've
got
next
door
neighbors,
who
are
in
support
of
our
variance
requests
today,
who
have
docs
of
of
equal
length,
and
we
have
commercial
vessels
that
are
utilizing
this
and
something
that
I
never
believed.
This
small
Title
Creek
would
be
utilized
as
and
I
believe
those
that
back
pattern.
The
fundamental
fairness
fact
pattern
may
provide
an
extraordinary
circumstance
which,
which
would
give
rise
to
experience
from
it.
It
should
you
be
inclined
to
Grant
one
today,
foreign.
F
Just
from
a
point
of
order,
I
suppose
I,
don't
if
the
if
the
question
and
the
scope
was
limited
to
the
question
of
whether
the
fairness
and
the
neighbors
having
similar
docs,
if
you
know
I
suppose,
I
would
be
delighted
for
that
to
receive
a
vote
today,
however,
I'm
con.
My
fear
is
that
if
that
received
a
vote
today,
I
may
be
precluded
from
fun
and
appeal
to
argue
the
vagueness
tomorrow
and
so
from
a
point
of
order.
F
I'm
not
prepared
to
answer
that
question
today,
but
I
mean
if,
if
we're
required
to
file
an
appeal
to
to
argue
our
primary
arguments,
I'm
I'm
sure
we'd
be
happy
to
do
so
so
long
as
we're
not
precluded
from
doing
so.
H
J
J
H
H
F
A
D
D
D
F
Vice
chairman,
given
the
discussion
and
the
testimony
we're
we're
inclined.
Actually,
we
are
now
withdrawing
our
variants.
Request
for
variance
permit
I
I
understand
that
we
may
still
have
the
ability
to
file
an
appeal,
so
we
we
may
decide
to
file
that
appeal,
and
we
appreciate
everyone's
patience
today
and
all
the
feedback
we
received
is
very
helpful
for
us.
A
F
That's
all
yes,
sir.
This
is
my
formal
request
to
withdrawal
all.
A
D
Would
like
to
adopt,
amend
that
schedule
to
delete
the
December
board
meeting.
H
A
And
with
that,
we
might
get
someone
to
the
German.