Beaufort County, South Carolina Beaufort County Boards and Commissions, 17 Nov 2022

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From YouTube: Beaufort County Zoning Board of Appeals, November 17, 2022 5PM

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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. FOIA – PUBLIC NOTIFICATION OF THIS MEETING HAS BEEN
PUBLISHED, POSTED, AND DISTRIBUTED IN COMPLIANCE WITH THE
SOUTH CAROLINA FREEDOM OF INFORMATION ACT
4. ADOPTION OF AGENDA
5. APPROVAL OF MINUTES – October 27, 2022
ACTION ITEMS
6. Mr. William Webster is requesting a Variance to construct a dock
closer than 20-feet from the Extended Property Line. Property is
located at 29 Rose Hill Drive, Bluffton. The property is zoned Rose
Hill PUD. (Continued from Last Month’s Meeting)
7. Public Comment (Comments Limited to Three (3) Minutes)
8. Mr. Javier Zavaleta & Ms. Lucila Santos are requesting a Variance to
keep a front porch and carport that is built 18-feet from the front
property line. Property is located at 20 Mammy Grant Road,
Bluffton. The property is zoned T3-Edge (T3E).
9. Public Comment (Comments Limited to Three (3) Minutes)
DISCUSSION ITEMS
10. OLD BUSINESS
11. NEW BUSINESS
Adoption of Chairperson and Vice Chairperson.
12. ADJOURNMENT

A

It's 501 Welcome to our schedules, learning board of appeals meeting. It is our custom That We Begin by reciting, the Pledge of Allegiance. If I could ask you guys to stand and recite the Pledge of Allegiance.

A

With liberty and just Injustice alone, thank you.

A

B

Good with all notifications, Hillary.

A

Adoption of the agenda uh may I have someone to make an adoption of the agenda item number six. uh We don't we I guess they didn't respond back. So we'll just continue this to our next scheduled meeting at least give them another chance.

A

um So whomever make that uh adopt the agenda. Could they uh just make that no.

C

Because we adopt the agenda with the removal of six and seven, which will be continued to the next to January, 2nd. So.

A

The adoption of the agenda is probably made the second all in favor, proving it all right. The adoption of the gender has been approved um to have everyone have the opportunity to look at the October 27th uh minutes. Yes, yes, all right I'll get someone to make that adoption, uh we'll move to adopt the uh October 27th minute.

D

I'm making motion to adopt the October, 27th and 22 minutes.

A

We probably made a second to adopt the uh approval of the minutes, all in favor bye approved.

A

um If there is anyone in here for public comment, there should be um some slips over there. If anyone is here for a public comment, if not, then should be okay. um Item number eight Mr Javier Javier is here uh for variance for front porch and carport. Come.

B

A

E

Out here, okay.

A

No no right to the party does he do he speak.

E

Yeah he speaks pretty good.

A

English, okay, just Enlighten us on why you're here, just let us know why you're here to the mic.

E

This is his daughter. That's.

A

Fine, if you can just state your name and just let us know why you're here.

F

Well, your name now my name.

A

Is yes, could you speak up and.

F

Into the mic, my name is and we're here because.

F

So our I guess there's a problem with our porch, but um we need it because my sister is a special ed and we need a ramp to be able to transport her into the car whenever it's like rainy or when the weather's bad.

E

Okay, um is it okay speed? Yes,.

A

Please just state your name and come to the mic.

E

My name is Andy Harding I've been living in Buford for two years. I've worked with Javier I work for a Building Company most of the world, whoever involved in some of your own. Dad, though, um built a porch onto the front of his trailer on Mammy, Grant, Road and didn't.

G

B

Process didn't.

E

Understand the process about the permitting zoning and all that got the porch, uh mostly complete, almost completed, um needs a little siding to wrap it up and I think there was a zoning official across the street who, while they were there, checking on a building that was apparently across the line it shouldn't have been came across the street and asked him if he had a permit and that's how this all started. He asked me to help him understand what was going on.

E

um Basically, he's built the porch onto the front of his trailer to help with his daughter with cerebral palsy. They do well for physical therapy outside it's a the space is wide open on the porch. It was very confined in the trailer she used Physical Therapy three times three times per week. He is apparently beyond the the uh setback. By about a foot, eight inches Beyond, what's acceptable, we're hoping there can be a variance issued so that he doesn't have to go through the monetary cost of getting this porch.

E

Space reduced when it's being used for his daughter's therapy and really I've been down Miami, Grant Road, and anybody making an improvement to a house on that real good thing. Although I understand it is inside the setback.

A

What type of work does he do? He's a painter he's a painter so he's in the construction Arena.

E

Then he is but it's very different on the painting end. There's never any permits to Whirlpool or anything like that. You know he's got his general liability and his insurance and everything works. Conflict there's painters never have the full permits like a build or wood or an electrician or heating there.

E

So I don't think he quite understood the process that he should have gone through.

A

And how long has he been staying there in.

E

Years, 16 years and.

A

How long has he been in business.

A

Okay, anyone else have any questions. Yeah.

D

I do did he build this portrait, someone built it for he's built his Fortress with Alpha Prince, okay, so no contractors will know and what's the dimensions of the porch, the width is about 12 14.

D

14 by 16. 14 feet off the trailer towards the road. Okay,.

A

Do anyone else have any questions?

A

Okay, thank you. What we're going to do is hear from the county right now. Okay, thank you.

A

A

Maybe hear from the county.

A

H

You guys read my my recommendation.

H

H

I guess two feet: it's: okay, I! Don't I, don't know what the hardship is.

I

I agree: I, agree.

D

1.8 Mega Millions 1.8 modulations.

H

Into the variance for the Philippines.

H

He's supposed to be at 25. one.

B

Time that our house was at.

J

H

Is that 18. and.

H

But it doesn't interrupt anything these.

I

Interests does it I mean it doesn't interrupt cars driving by or any all right. Thank.

A

You I understand what you're saying you know: I just don't want to start setting the presents over there, but I understand the festive spirit.

H

All right well, yeah,.

H

Hillary, if we Grant the variance, does he have to go back? This needs to be inspected.

H

Permits, okay,.

D

You guys have to say.

H

um This is close enforcement.

H

G

Hi officer gaucher, Beaufort, County, Code, Enforcement I also work on part of the building codes Department. Even though I'm not a building inspector I'm, a code enforcement officer. I just want to make you guys aware that if you guys approve this, they will come and get a permit from the zoning department, but the building inspection department will make them get a structural engineer to sign off on. This is attached to the mobile home. He's.

H

Going to have to take it off because you know you can't attach something to the mobile home.

H

B

Like yeah yeah.

H

You can add a structure like that to the mobile home. It has to be a gap between the mobile home.

D

Took a Sawzall and cut all the nails.

J

H

We're here, for is the marriage. It would be the variance he has to deal with building codes on his own, and if you can't, then he has to take it down.

A

Is it attached to the mobile home is that structure attached to the mobile home.

D

For cash to it,.

H

But that he can deal with that separately, I mean that's right. That filming codes will deal with him on that.

B

E

I have a structural engineer that I can get to come out alongside look at it.

H

You can't I, have it can't be attached to the mobile. You can't attach anything, not even the steps can be attached to them. If.

D

The homes on a permanent foundation do the rules, change.

H

K

Know so it's still a.

H

K

Yeah it changes if, if it is taxed separately than the land like a mobile home, normally is then that's one thing, but if it's attached to the land you.

H

Know but there's still a moment exactly yeah, even even when you take the wheels off and you do whatever you.

L

H

It land and you know home, like a regular, stick bedroom, it's still a mobile home and you can't add anything to a mobile home. So you know we can give them the variance- or we can say it's okay for us, but I think he's going to run into problems.

A

So really we even if we were to Grant this, it still might have to.

A

I

Right if we worked granted would- and he would have to make changes because he's attached and all.

H

That kind of thing could.

I

He do that at the same time, if.

H

You give me the latitude to say if he has so many changes, then he has to meet the 20 .. That's I'm! Okay with that, because then I can grant the five. But you know if he has to make changes and keep it at eight, because he's going to have to pull it away from the house a little bit.

I

H

Bed to make it meet the 20 feet at.

B

H

Same time well,.

D

Can you do that? What if it was a modular home, that's.

H

A little bit different they're built differently yeah, their their modulars are built totally different from the regular mobile homes.

D

So is this a mobile home or is it margin.

C

I would be in favor of granting the variants and then let him move forward and do what has to be done. Then, foreign.

H

For the land so.

J

In other words, I hear what what you're saying is if he has to go to the expense of taking it down, and then it should not be, the variance should be you should withdrawn only if he doesn't have to. We don't want to make him pay extra money right.

C

And he could just modify and not right have to take it down. I mean we don't know, but.

J

If zoning says he has to or the um codes says he has to, and he has to redraw it and.

C

Then he has to.

J

Be but if they're.

C

Passionate he could structurally do it some different way without correct from the back of the porch just attached right.

D

Back in the rest of the front would be okay, yeah, okay is.

E

There a way to do that um so yeah I'm sure there's a way.

E

It is listed as a mobile home.

A

So if you have to tear this thing down, he is what I'm saying what I'm hearing is.

A

He should be within the codes if he have to tear this thing down if he builds it back up, but if not, we are willing to Grant him this this this this one point whatever if he keeps this structure right, yeah. Okay, so with that being said,.

A

Yeah I mean if it's have to tear it, though, that we just have to come, build it back up to code, I mean being that it's recorded much like that. There's.

C

Structure, so even if it's attached, they could just unattach it. Yes, I think that too I think so I think so.

A

All right, what what's the pleasure I'll.

C

Make a motion to Grant the variance I'll.

D

Second, it.

A

There's got to be some conditions.

D

Well, the rest would be between him and the building department.

D

That wouldn't be our fight well,.

J

The only problem was, we were talking about setting the precedent of allowing a variance.

H

A

This effects, yes,.

A

So what are you basing it on? What's the hardship.

A

Daughter, yeah well.

A

I think that's more like a soft target yeah, but that ain't that ain't nothing.

A

I, don't want to think my heart is not soft, but yeah. Just gotta meet the goals.

A

One of the things I think about if he had came before us for this variance prior to building this would I be in favor of granting this balance.

A

C

The way I would feel now right and if it's I think the hardship is if they need the um additional square footage for the physical therapy of the daughter, that that is a hardship that the variant should be granted. But.

A

Could they still have therapy with that 1.8 feet less than what they have, because they still utilize that I.

C

A

C

That that would be the hardship, I mean I, don't know what therapy is how much space it takes, but they decided that this was the size that they needed for that. There.

C

So that the hardship is a special use of this porch and it's not just a porch, but it is space for physical therapy for your daughter.

A

All right, so that's so you stating that the hardship is they need dead square footage for the therapy. That's the hardship.

I

That was mentioned here. Correct me. If I'm wrong was Iran.

C

Maybe they haven't had the opportunity to build it yet: okay,.

A

Just have it I don't want to speak for you, I mean they're right, okay, yeah.

E

I got you: okay,.

E

H

You gotta go down all this stuff and say why.

H

H

C

Thank you, okay, so here it goes. Yeah.

C

A

B

D

C

There are extraordinary exceptional conditions due to the um use of the property for the physical therapy of their daughter that the porch needs to be the size that it is.

C

The health of the daughter is not on the um actions of the landowner that they need the porch for the physical therapy.

C

The um does not confer special privileges on the landowner, because it's due to the physical therapy need of his daughter and it's not a um special privileges.

C

It's necessary to allow the reasonable use for the physical therapy of the daughter, um the the that it's not in harmony with the general purpose and intent of the development code is that it is just a um in this neighborhood. It is, um the properties are not typical. Some of them are not in compliance, so it is not.

D

So it falls in line with the rest of the neighborhood.

C

C

um The variance permit would not adversely affect the health safety of persons residing in the neighborhood. In fact, it would help the the daughter of the applicant and um is consistent with a comprehensive plan, I believe in the comprehensive plan. We really look at the health of our citizens and to be able to provide physical therapy at home, for this young woman or young girl would be in keeping with a comprehensive plan.

I

I need to ask one more question: the roof is I, see the drop. The picture the roof comes out about the same as where the the deck comes out.

I

It looks like it's flushing, so if, if the, if they move the deck back, whatever underneath can the roof stick out beyond the variants, so he wouldn't necessarily have to rebuild the uh the roof, but the bottom, but the bottom part you know and and move the thing up and you can keep the roof up by by having something on top to keep it right am I right. You.

C

Guys but you would, you would lose the air, the area for.

I

The future you'd lose a foot or whatever that amount, one one plank you know, and and I don't know. If you have to tell me that that plank is is needed and if it is it is that plank is needed for uh physical therapy for your child, and if it is, it is and then there's then you view it differently or I would view it differently.

I

So I don't know if you can answer that or not and.

E

It's tough to answer.

A

I think we're going to speak in the mic too.

H

A

H

A

Is going to be speaking, we need to have you guys come up to the mic.

I

While you're coming up, they may need space just to turn the wheelchair around okay I'm, not saying exactly.

I

E

Trying to justify it uh whatever the way they're explaining it to me is the therapist asks for as much space as possible. So he built what was within his monetary range.

E

um Not knowing there should have been limitations because of a setback. um They apparently are going to put swings and other items out on the porch that help with physical therapy um I'm, not sure we could say it. If it was 10 feet, it would not be big enough. 10 foot 6 is big enough.

E

I guess that would be up to a therapist to one of the physical therapists to determine that they did ask for as much space as possible.

D

It looks to me like on that route. You can see that last fruit, troughs up in front of the house there that you took a circular, saw you can just cut away and it'd be.

L

D

The back a couple feet that'd, be the end of it yeah, because it's supported by the post from what I see here yeah. So it would be the attack.

E

To detach it from the uh the way I unders the way I remember seeing it, the picture is hard to tell but the roof. Let comes off of the front of the porch, the post that you're seeing comes up and rests on the roof of the.

A

E

The modular mobile would I'm not sure which one it is to be 100, but that would be something that's.

C

For them to decide after them right we're done here, yeah all right, well, I mean it looks like there's a way.

A

Out correct, I think so all right so so I I tend to think a little differently. But you know, but.

B

A

Motion on the floor to granted the variance and did someone second.

B

A

Yeah I did so it's been probably made a second all in favor of granting the variants um signified. By raising your hand, those who oppose of the various signify by raising your hand.

A

Three to two so I guess you guys have been awarded the variance too and I. Guess you just follow through with the county now Lord.

E

I'll help him get through that get to the department and get the permit see what needs to be done.

A

E

A

Was there in the public comment? Nobody closed public comment. Thank.

B

A

You uh any old business.

A

Did we want to do the uh no meeting for next month under the old business or the new business new business uh number item number 11 new business, uh see we have adoption chairman and vice chair? Do we want to wait until next year to.

I

A

Yeah- let's wait until next year and also on the new business for our December 2022 meeting.

A

So it's been probably made that we do not have a meeting in December and it's been probably made the second all in favor of so we will not have that meeting in the month of December um a German probably made in this whole. Second, okay, so it's been probably made. Second, all in favor of a German, you guys have a Happy Thanksgiving in America Christmas and a Happy New Year.