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Deposition of Kiawah Island BZA Meeting 1
Clark and Associates Inc.
1 TOWN OF KIAWAH ISLAND BOARD OF ZONING APPEALS
2 DECEMBER 12, 2016 MEETING
3
4 _________________________________________________
5 CASE NUMBERS: BZA-10-16-00162 BZA-11-16-00163
6 BZA-11-16-00164
7 DATE: DECEMBER 12, 2016
8
9 TIME: 4:00 PM
10 LOCATION: KIAWAH ISLAND TOWN HALL
11 KIAWAH ISLAND, SOUTH CAROLINA
12
13 REPORTED BY: CHERIE J. ANDERSON, RMR, RPR, CRR
14 NCRA REGISTERED MERIT REPORTER CLARK & ASSOCIATES, INC.
15 P.O. Box 73129 Charleston, SC 29415
16 843-762-6294 WWW.CLARK-ASSOCIATES.COM
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Deposition of Kiawah Island BZA Meeting 2
Clark and Associates Inc.
1 A P P E A R A N C E S
2 BOARD MEMBERS PRESENT:
3 Ben Farabee
4 Charles Larsen
5 Randy Gilmore
6 Ron Hacker
7 Wendy Kulick
8 Scott Parker
9 Michael Clawson
10
11
12 ALSO PRESENT:
13 John Taylor, Jr.
14 Sally Brooks
15 Michael Karamus
16 Henry Holland
17 William Jefferson
18 Chris Bonner
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Deposition of Kiawah Island BZA Meeting 3
Clark and Associates Inc.
1 MR. GILMORE: Ladies and gentlemen, the
2 appointed hour is here. I'd like to call to order
3 the December 12, 2016 meeting of the Town of Kiawah
4 Island Board of Zoning Appeals.
5 Board members who will hear your cases are
6 Michael Clawson, Charles Larsen, Ben Farabee, Scott
7 Parker, Ron Racker, Wendy Kulick, and myself, Randy
8 Gilmore. Staff members present are John Taylor,
9 Jr. and Sally Brooks.
10 Our case rulings for this and any BZA meeting
11 are available for public review and inspection
12 during normal business hours of Town Hall.
13 The Board of Zoning Appeals is a
14 quasi-judicial body established to interpret and
15 grant relief from the zoning ordinance. It deals
16 with cases: appeals, variances, and special
17 exceptions.
18 A simple majority vote of the quorum present
19 of the BZA is required to grant a variance or to
20 overturn a decision of the zoning administrator in
21 an appeal or to grant special exceptions. Because
22 this is a quasi-judicial body, everything said in
23 this meeting must be complete, true, and accurate.
24 All of the information provided to the BZA is
25 considered evidence. And this board may certify
Deposition of Kiawah Island BZA Meeting 4
Clark and Associates Inc.
1 contempt to circuit court if false statements are
2 made, either in writing or orally.
3 Because of this, each person who wishes to
4 address the board will be sworn in. In order to
5 expedite the procedure, those wishing to speak, if
6 they would stand as a group, and Ms. Brooks will
7 administer the oath.
8 If you plan on speaking, would you please
9 stand. Thank you.
10 (Multiple people are sworn.)
11 MR. GILMORE: I will now call each case by
12 case number. The first case is BZA-10- --
13 MR. PARKER: 16-0162.
14 MS. KULICK: 0162.
15 MR. GILMORE: It's case number 2070300015.
16 123 Marsh Hawk Lane.
17 MR. TAYLOR: Yes, sir. That's the --
18 MS. KULICK: That's the tax map ID.
19 MR. GILMORE: That's why I'm confused. Thank
20 you. It's BZA-10-16-00162. Sorry.
21 If you will, sir.
22 MR. TAYLOR: All right. The applicant,
23 Michael E. Karamus, is representing the property
24 owner, Robert Oeters, and requesting a variance for
25 the reduction of the required 30-feet rear-yard
Deposition of Kiawah Island BZA Meeting 5
Clark and Associates Inc.
1 setback marsh for an approximately 196-square-feet
2 encroachment for a second-floor dormer and
3 roof-deck addition at the subject property,
4 183 Marsh Hawk Lane, Kiawah Island, South Carolina,
5 TMS number 2070300015. The subject property is
6 located in the R-2-O Residential Overlay Zoning
7 District.
8 The lot is approximately 8,816.3 square feet
9 in size. For Charleston County records, the
10 existing residence was constructed in 1978. The
11 adjacent properties of the lot are also located in
12 the R-2-O Residential Overlay Zoning District. The
13 subject property is under the purview of the Kiawah
14 Island Architectural Review Board.
15 The Town of Kiawah Island Land Use Planning
16 and Zoning Ordinance requires a 20-feet front-yard
17 setback along Marsh Hawk, 3 feet with the left side
18 of the wall, 7 feet on the right side, and a 30
19 rear-yard setback with an allowed maximum lot
20 coverage of 40 percent for the subject property.
21 The existing lot coverage is legally nonconforming
22 at 54.5 percent.
23 The ordinance defines setback as a required
24 minimum distance from the lot line or the street
25 right-of-way or OCRM critical line that establishes
Deposition of Kiawah Island BZA Meeting 6
Clark and Associates Inc.
1 an area within which a structure shall be erected.
2 The ordinance defines rear setback as a setback
3 measured from the rear lot line.
4 The applicant's letter of intent explains,
5 "We would like to add a new second-floor addition
6 and roof deck. We will also be removing a portion
7 of the nonconforming deck and deck stairway in its
8 entirety from the property."
9 The issue is the fact that under the current
10 setbacks, the proposed dormer edition and roof deck
11 are over the current rear-yard setback.
12 The applicant has submitted to the Kiawah
13 Island Architectural Review Board for conceptual
14 improvement review and setback variance review.
15 The Kiawah Island ARB has granted conditional
16 approval for conceptual improvement review. The
17 Kiawah Island ARB states, "The variance to increase
18 the volume of encroachment into the rear setback
19 with the second-level dormer and balcony addition
20 is approved given the reduction of the first-level
21 deck in the setback and over the property line."
22 Please see the attachments for further
23 information regarding this request.
24 A site visit was conducted on November 1st,
25 at which time the following determinations were
Deposition of Kiawah Island BZA Meeting 7
Clark and Associates Inc.
1 made regarding the approval criteria for variances,
2 as stated in Chapter 12 of the Town Of Kiawah
3 Island Land Use Planning and Zoning Ordinance,
4 Article II, Division 5, Section 12-163(4):
5 The BZA must grant the variance only if
6 exceptional circumstances exist and where practical
7 difficulty or unnecessary hardship is so
8 substantial, serious, and compelling that
9 relaxation of the general restrictions ought to be
10 granted.
11 No variance shall be granted unless the
12 applicant shall show, and the BZA shall find, under
13 Section 12-164(4)A: There are extraordinary and
14 exceptional conditions pertaining to the particular
15 piece of property.
16 Staff response: There may be extraordinary
17 and exceptional conditions pertaining to the
18 property due to the irregular shape of the lot, the
19 required setbacks, including the 30-feet rear-yard
20 setback from the property line adjacent to the
21 marsh, and the legal nonconforming status of the
22 existing structure that encroaches into the
23 required setback. The existing structure was
24 established in 1978, per Charleston County records.
25 In addition, the applicant's letter of intent
Deposition of Kiawah Island BZA Meeting 8
Clark and Associates Inc.
1 contends, "When these homes were originally built a
2 long time ago, between 1977 and 1978, they were
3 built prior to the enforcement of setbacks. There
4 was no regard to any setbacks during the planning
5 and construction."
6 Section 12-163(4)B: These conditions do not
7 generally apply to other property in the vicinity.
8 Staff response: These conditions are unique
9 to the subject property and may not generally apply
10 to other properties in the vicinity. The property
11 is located in the R-2-O Residential Overlay
12 District. Adjacent properties are also located in
13 the R-2-O Residential Overlay District and are
14 adjacent to the marsh, particularly at the rear lot
15 line. Existing structures in the vicinity may or
16 may not have similar encroachments based on current
17 setback standards, and properties in the vicinity
18 are generally rectangular compared to the irregular
19 lot shape, approximately 17.78 feet in width at the
20 front lot line and approximately 79.14 feet in
21 width at the rear lot line. Per the applicant's
22 letter of intent, "This home is unique in that it
23 is one of the smaller homes in its immediate
24 vicinity, though set back further from the street
25 due to the configuration of the lot."
Deposition of Kiawah Island BZA Meeting 9
Clark and Associates Inc.
1 Section 12-163(4)C: Because of these
2 conditions, the application of this ordinance to
3 the particular piece of property would effectively
4 prohibit or unreasonably restrict utilization of
5 the property.
6 Staff response: The application of this
7 ordinance to 183 Marsh Hawk Lane would prohibit the
8 construction of a new usable dormer and roof deck
9 for the existing structure, as both existing
10 structure and proposed modifications are located
11 within the required 30-feet setback (marsh).
12 However, it does not unreasonably restrict the
13 utilization of the property. Per the applicant's
14 letter of intent, "The application of the zoning
15 ordinance to these existing conditions would result
16 in a new dormer that would not be usable and not
17 have a roof deck at all. There is not enough
18 space, given the current setbacks, to allow for a
19 dormer and a roof-deck addition that would warrant
20 the construction of that type of an addition.
21 Section 12-163(4)D: The authorization of a
22 variance will not be of substantial detriment to
23 the adjacent property or to the public good, and
24 the character of the zoning district will not be
25 harmed by the granting of the variance.
Deposition of Kiawah Island BZA Meeting 10
Clark and Associates Inc.
1 Staff response: The authorization of this
2 variance may not be of substantial detriment to the
3 adjacent properties or the public good. With an
4 existing rear-lot setback encroachment, the
5 existing residence is currently smaller in building
6 height and set back further from the street
7 right-of-way compared to the adjacent properties.
8 Per the applicant's letter of intent, "Since the
9 encroachment is the rear yard only, which abuts the
10 marsh, the neighboring properties would not be
11 affected by the granting of the variance. The rear
12 of the proposed dormer would be set well back from
13 the existing rear wall of the structure and would
14 also be lessened by the roof-deck addition which
15 will be built into the existing roof with minimal
16 visibility to the rear only."
17 Section 12-163(4)E: The Board of Zoning
18 Appeals shall not grant a variance the effect of
19 which would be to allow the establishment of a use
20 not otherwise permitted in a zoning district, to
21 extend physically a nonconforming use of land, or
22 to change the zoning district boundaries shown on
23 the official zoning map.
24 Staff response: Granting of this variance
25 will not allow the establishment of a use not
Deposition of Kiawah Island BZA Meeting 11
Clark and Associates Inc.
1 otherwise permitted in the zoning district,
2 extending physically a nonconforming use of land,
3 or change the zoning district boundaries.
4 Section 12-163(4)F: The fact that the
5 property may be utilized more profitably should a
6 variance be granted may not be considered grounds
7 for a variance.
8 Staff response: The BZA may not consider
9 profitability when considering this variance
10 request. Per the applicant's letter of intent,
11 "The granting of the variance would not result in
12 any additional profitable utilization of the
13 property. It would allow for better use of the
14 property by the new owner."
15 Section 12-163(4)G: The need for the
16 variance shall not be the result of the applicant's
17 own actions.
18 Staff response: The need for the variance
19 may be the request of the applicant's own actions.
20 Since the existing residence is a nonconforming
21 structure, the existing structure could be
22 maintained without the need for a variance.
23 However, per the applicant's letter of intent,
24 "There has been no work done by the current owner
25 that has resulted in the need for the requested
Deposition of Kiawah Island BZA Meeting 12
Clark and Associates Inc.
1 variance. The structure is as it was constructed
2 originally. In fact, the owner is planning on
3 removing some nonconforming parts of the structure
4 that are closer to the marsh than our proposed
5 construction. This will help offset this variance
6 request in a more direct manner with regards to
7 additional landscape bufferings which will be
8 required by the ARB to neighboring property
9 owners."
10 Section 12-163(4)H: Granting the variance
11 will not be contrary to the public or neighborhood
12 interests nor will it adversely affect other
13 property in the vicinity nor interfere with the
14 harmony, spirit, intent, and purpose of these
15 regulations.
16 Staff response: Granting of this variance
17 may not be contrary to the public or neighborhood
18 interests, may not adversely affect other property
19 in the vicinity nor interfere with the harmony,
20 spirit, intent, and purpose of these regulations.
21 On October 21st, 2016, the Kiawah Island
22 Architectural Review Board approved the conceptual
23 improvement review variance to increase the volume
24 of encroachment into the rear setback given the
25 reduction of the first-level deck in the setback
Deposition of Kiawah Island BZA Meeting 13
Clark and Associates Inc.
1 and over the property line. Per the applicant's
2 letter of intent, "The granting of this variance
3 would enhance the neighboring properties, as the
4 removal of the most extreme nonconforming aspects
5 of the home are to be removed. With this removal,
6 we would be reducing the impact the current
7 structure has on the marsh.
8 Section 12-163(4)I: Granting of the variance
9 does not substantially conflict with the
10 comprehensive plan or the purposes of this
11 ordinance.
12 The staff response: Granting of this
13 variance may not substantially conflict with the
14 comprehensive plan or the purposes of the
15 ordinance. The applicant's proposed plans reduce
16 the amount of nonconforming lot coverage from
17 54.5 percent, or 4,802.4 square feet, to 53.5
18 percent, or 4,718.4 square feet, by removing a
19 portion of the nonconforming deck and deck stairway
20 in its entirety, approximately 84 square feet. Per
21 the applicant's letter of intent, "This variance
22 would not create conflict with the plan or
23 ordinances for this area. We are simply trying to
24 enhance the property for the good of the owner and
25 the neighborhood, but are constrained by the fact
Deposition of Kiawah Island BZA Meeting 14
Clark and Associates Inc.
1 that when the structure was built, the current
2 setbacks were not in place or adhered to by the
3 original contractor."
4 The Board of Zoning Appeals' action: The
5 Board of Zoning Appeals may approve, approve with
6 conditions, or deny the case, case number
7 BZA-10-16-00162, a variance request for the
8 reduction of the required 30-foot rear-yard setback
9 for an approximately 196-square-feet encroachment
10 for a second-floor dormer and roof addition at
11 183 Marsh Hawk Lane based on the BZA's findings of
12 fact, unless additional information is deemed
13 necessary to make an informed decision.
14 MR. GILMORE: Thank you, John.
15 Committee have any questions for John?
16 MR. LARSEN: I find it interesting in "I"
17 that the staff's response talks about enhancing the
18 property for the owner, which would make you think
19 it's enhancing the owner's value here, which it
20 would, but it's not something we're supposed to
21 consider.
22 MR. TAYLOR: In the --
23 MR. LARSEN: Just --
24 MR. TAYLOR: Okay. From the staff response,
25 that was just included from the actual owner's
Deposition of Kiawah Island BZA Meeting 15
Clark and Associates Inc.
1 letters of intent. So that was just a subsection
2 or an excerpt directly from the -- the applicant
3 has addressed that particular standard or
4 objective.
5 MR. GILMORE: Thank you, sir.
6 Mr. Karamus, would you like to address the
7 board?
8 MICHAEL KARAMUS: Yes, sir. Good afternoon.
9 I'm Michael Karamus. I'm the architect
10 representing Mr. and Mrs. Bob Oeters. And
11 basically, we have an older house on a small lot
12 that is currently over the new setbacks that are
13 current as well as the lot coverage. That kind of
14 relegates us to any improvements having to go up.
15 Trying to minimize impacts to the house and
16 the neighborhood, keeping the proposed additions
17 with the existing ridge, not raising the existing
18 ridge, keeping the character of the house for all
19 intents and purposes, adding a small dormer to the
20 front, small dormer to the back, with a roof deck.
21 Given that we're also planning on taking off
22 a portion of the deck which is over the setback and
23 as well as the existing stairway, which go over the
24 property line into the marsh -- and by making those
25 go away, we can landscape it and make it nicer and
Deposition of Kiawah Island BZA Meeting 16
Clark and Associates Inc.
1 not have this big old hole where the stairs go into
2 the marsh over the property line.
3 MR. GILMORE: Questions for Mr. Karamus?
4 MR. FARABEE: Yes. Your removal of the
5 partial deck and the stairway is about 80 square
6 feet?
7 MICHAEL KARAMUS: Yes, sir.
8 MR. FARABEE: I just wondered, what other
9 considerations did you give to removing some of
10 that illegal coverage?
11 MICHAEL KARAMUS: In trying to -- in terms of
12 the setback or in terms of lot coverage?
13 MR. FARABEE: Both.
14 MR. GILMORE: I don't think either one of
15 them are illegal.
16 MICHAEL KARAMUS: They're both over the
17 existing --
18 MR. GILMORE: They're both over criteria that
19 was set down substantially after this piece of
20 property was built.
21 MICHAEL KARAMUS: We'd be taking deck and
22 stairway off just trying to keep a bit of usable
23 deck space. We looked at -- really can't make the
24 driveway any smaller, really can't make the walkway
25 any smaller. We're kind of constrained by bare
Deposition of Kiawah Island BZA Meeting 17
Clark and Associates Inc.
1 construction minimums with everything else and just
2 not trying to completely remove all of the
3 amenities which take advantage of the view of the
4 lot, but take off the worst offenders.
5 MR. FARABEE: Is the brick walk new?
6 MICHAEL KARAMUS: The brick walk was --
7 replaced an old asphalt walk, yes. And the brick
8 walk is pervious, whereas the asphalt was not.
9 MR. GILMORE: Any further questions of
10 Mr. Karamus?
11 (No audible response.)
12 MR. GILMORE: Thank you, sir.
13 MICHAEL KARAMUS: You're welcome. Thank you.
14 MR. GILMORE: All right. Mike, state your
15 address for the record, please.
16 MICHAEL KARAMUS: Address is P.O. Box 22026,
17 Charleston, South Carolina, 29413.
18 MR. GILMORE: Discussion? Does anybody else
19 want to speak for or against the particular case?
20 (No audible response.)
21 MR. GILMORE: Thank you. Then we'll close
22 the hearing portion of this and ask for a motion
23 for the board.
24 MR. PARKER: I move to approve the variance.
25 MR. GILMORE: Is there a second?
Deposition of Kiawah Island BZA Meeting 18
Clark and Associates Inc.
1 MR. LARSEN: Second.
2 MR. GILMORE: Discussion? Discussion on
3 questions called? Would you just, for the record,
4 state your reasons for --
5 MR. PARKER: I believe that the existing
6 footprint is not going to change. What they're
7 looking to do is pop the top and add some movable
8 space, and at the same time, they're taking a
9 situation that is already legally nonconforming and
10 doing their very best within the constraints of
11 what they have with the lot that they have where
12 it's set back from the road to try to mitigate the
13 extrusion into the marsh.
14 MR. GILMORE: Thank you, Mr. Parker. Call
15 the question, those in favor?
16 MULTIPLE SIMULTANEOUS SPEAKERS: Aye.
17 MR. GILMORE: Opposed?
18 (No audible response.)
19 MR. GILMORE: Unanimously approved. Thank
20 you, sir.
21 MICHAEL KARAMUS: Thank you, sir.
22 MR. GILMORE: I'd now like to call BZA case
23 11-160-0164, which is 105 Pleasant Valley.
24 John, the floor is yours. May I suggest,
25 John, when you're going through your -- you don't
Deposition of Kiawah Island BZA Meeting 19
Clark and Associates Inc.
1 need to read the particular criteria. Just give us
2 the number --
3 MR. TAYLOR: Okay.
4 MR. GILMORE: -- since we know them by heart
5 now.
6 MR. TAYLOR: Will do.
7 In case 11-16-164, the applicant, Chris
8 Bonner of b Studio Architecture, is requesting
9 [sic] the property owners, Suzanne Sullivan and
10 Dave Barrington, and requesting a variance for the
11 reduction of the required 30-feet rear setback for
12 an approximately 79.6-square-feet encroachment for
13 a deck addition, reconfiguration of existing
14 nonconforming deck at the subject property,
15 105 Pleasant Valley, Kiawah Island, TMS
16 number 26410-003. The subject property is located
17 in the R-1 Residential Zoning District within the
18 developed lands of Kiawah Island.
19 The lot is approximately 15,010 square feet
20 in size. Per Charleston County records, the
21 existing residence was constructed in 1986.
22 Existing lot coverage is 42 percent, and the
23 applicant proposes to decrease the lot coverage to
24 38 percent. The adjacent properties of the lot are
25 also located in the R-1 zoning district and
Deposition of Kiawah Island BZA Meeting 20
Clark and Associates Inc.
1 adjacent to the Resort Overlay Zoning District.
2 The subject property is also under the purview of
3 the Kiawah Island Architectural Review Board.
4 The Town of Kiawah Island Land Use
5 Planning/Zoning Ordinance requires a 25-feet
6 front-yard setback along Pleasant Valley, 15
7 side-yard setback (side cart path and Lot 106) and
8 a 30-foot rear-yard setback (golf) for the subject
9 property. The ordinance defines setback as a
10 required minimum distance from the lot line or
11 street right-of-way or OCRM critical line that
12 establishes an area within which a structure shall
13 be erected. The ordinance defines rear setback as
14 a setback measured from the rear lot line.
15 The applicant's letter of intent explains,
16 "It is the intention of the owner to reconfigure
17 the existing rear deck. The design of the
18 reconfiguration includes increasing the distance
19 the deck sits from the property line and reducing
20 the amount of deck that sits within the setback."
21 The existing deck is approximately 8.1 feet from
22 the rear property line at the closest point. The
23 proposed reconfigured deck reduces this distance by
24 approximately 5.5 feet to a proposed distance of
25 13 feet. The proposed plan includes a net change
Deposition of Kiawah Island BZA Meeting 21
Clark and Associates Inc.
1 of approximately 544.3 square feet in reduced
2 hardscape for the subject property.
3 The applicant has submitted to the Kiawah
4 Island Architectural Review Board for improvement
5 and variance review. The Kiawah Island ARB has
6 granted conditional approval for the conceptual
7 improvement review, which states, "The variance for
8 the spa addition, new rear-deck footprint, and
9 other improvements for your home are approved,
10 given the area within the setback will be reduced,
11 the new deck footprint will be further from the
12 rear property line, and grand tree will be saved
13 with this improvement.
14 The BZA may find and grant variance only if
15 exceptional circumstances exist.
16 Criteria A, staff response: There may be
17 extraordinary and exceptional conditions pertaining
18 to the property due to the status of the existing
19 structure that encroaches into the required
20 setback. The existing structure was constructed in
21 1986, prior to the establishment of required
22 setbacks, and contains a nonconforming deck located
23 approximately 8.1 feet from the rear property line
24 at the closest point. The applicant's letter of
25 intent contends, "The existing house itself sits
Deposition of Kiawah Island BZA Meeting 22
Clark and Associates Inc.
1 within the required zoning setback and includes
2 multiple sliding doors onto an existing deck.
3 Therefore, the entire rear deck is also in the rear
4 setback. This situation is certainly an
5 exceptional condition that only pertains to this
6 property."
7 Criteria B, staff says: These conditions are
8 unique to the subject property and may not
9 generally apply to other properties in the
10 vicinity. Existing structures in the vicinity may
11 or may not have similar encroachments based on the
12 current setback standards. Per the applicant's
13 letter of intent, "As an existing house, this
14 condition is particular to just this property and
15 does not reflect the general situation of
16 neighboring homes."
17 Criteria C, staff response: The application
18 of this ordinance to 105 Pleasant Valley would
19 prohibit the reconfiguration of the deck because of
20 the existing deck located within the required
21 30-foot setback. However, it may not unreasonably
22 restrict the utilization of the property. The
23 applicant's letter of intent explains, "Because of
24 these conditions, the application of the ordinance
25 to the particular piece of property would
Deposition of Kiawah Island BZA Meeting 23
Clark and Associates Inc.
1 effectively prohibit or unreasonably restrict the
2 utilization of the property. Both a portion of the
3 existing home and existing deck already reside in
4 the setback. The home was constructed/built before
5 the ordinance was in effect, and application of the
6 ordinance retroactively would unreasonably restrict
7 the utilization of the property."
8 Criteria D, staff response: The
9 authorization of this variance may not be of
10 substantial detriment to the adjacent properties or
11 the public good. The proposed plan of the
12 reconfigured deck and hardscape reduces the total
13 lot coverage from 42 percent to 38 percent and
14 proposes a reduction of approximately 43.7 square
15 feet from the amount of deck located within the
16 required 30-foot rear-yard setback. The proposed
17 reconfiguration of the existing deck reduces the
18 deck's distance from the rear property line by
19 approximately 5.5 feet to a distance of 13 feet.
20 The subject property is located within the R-1
21 Residential Zoning District. The zoning district
22 will not change for the subject property;
23 therefore, granting of this variance may not harm
24 the character of the R-1 Residential Zoning
25 District. Per the applicant's letter of intent,
Deposition of Kiawah Island BZA Meeting 24
Clark and Associates Inc.
1 "The authorization of a variance would not be a
2 substantial detriment because there is already a
3 deck at this location. The request is for a
4 similar but smaller deck that is farther from the
5 property line than its current location."
6 Criteria E, staff response: Granting of this
7 variance would not allow the establishment of a use
8 not otherwise permitted in this zoning district,
9 extend physically a nonconforming use of land, or
10 change the zoning district boundaries. Per the
11 applicant's letter of intent, "The request as shown
12 would reduce the already nonconforming use of land
13 by reducing the deck's protrusion into the setback.
14 The use of zoning boundaries of the property would
15 not change."
16 Criteria F, staff response: The BZA may not
17 consider profitability when considering this
18 variance request. Per the applicant's letter of
19 intent, "The property is and shall remain a
20 single-family residence."
21 Criteria G, staff response: The need for the
22 variance may be the result of the applicant's own
23 actions. Since the existing rear deck is
24 nonconforming, the existing footprint could be
25 maintained without the need for a variance.
Deposition of Kiawah Island BZA Meeting 25
Clark and Associates Inc.
1 However, the applicant's letter of intent states,
2 "The property was built well before the current
3 owners came to be in possession of the home. No
4 action on their part or through recent design or
5 construction has affected the need for this
6 variance."
7 Criteria H, staff response: Granting of this
8 variance may not be contrary to the public or
9 neighborhood interest, may not adversely affect
10 other property in the vicinity, nor interfere with
11 the harmony, spirit, intent, and purpose of these
12 regulations. The subject property is currently
13 legally nonconforming and is additionally subject
14 to meeting the requirements of the Kiawah Island
15 ARB, which has granted conditional approval. Per
16 the Kiawah Island ARB improvement and variance
17 review, "The variance for the spa addition, new
18 rear-deck footprint, and other improvements for
19 your home are approved given the area within the
20 setback will be reduced. The new deck footprint
21 will be further from the rear property line, and
22 the grand tree will be saved from this
23 improvement." The Kiawah Island ARB has provided
24 such comments and conditions that address the
25 public and neighborhood interests which may
Deposition of Kiawah Island BZA Meeting 26
Clark and Associates Inc.
1 adversely affect properties in the vicinity. "As
2 you finalize the plan, please ensure that the rear
3 outdoor living areas are buffered from neighboring
4 properties." Per the applicant's letter of intent,
5 "An existing deck is already at this location, and
6 the reconfiguration of the deck to one that is
7 farther from the property line will only help the
8 harmony, spirit, and intent of the regulations."
9 Criteria I, staff response: Granting of the
10 variance may not substantially conflict with the
11 comprehensive plan or the purposes of the
12 ordinance. The authorization of the variance would
13 only grant the site-specific reduction of the
14 required rear-yard setback for the proposed deck
15 reconfiguration.
16 The Board of Zoning Appeals may approve,
17 approve with conditions, or deny case
18 number 11-16-164.
19 MR. GILMORE: Any questions for John?
20 Who is speaking for -- would you please come
21 to the podium? State your name and address,
22 please.
23 CHRIS BONNER: My name is Chris Bonner,
24 BC Architecture. Our address is 582 Rutledge
25 Avenue, Charleston, South Carolina, 29403.
Deposition of Kiawah Island BZA Meeting 27
Clark and Associates Inc.
1 Representing the owners at 105 --
2 MS. KULICK: Chris, could you speak up a
3 little bit, please?
4 CHRIS BONNER: Sure. Representing the owners
5 there at 105 Pleasant Valley. The owners are
6 hoping to reconfigure their current deck. Both the
7 home and the deck were built before the zoning
8 variances came into effect. They both sit -- both
9 the house and the deck sit within the required
10 setback. They're hoping to reconfigure to a more
11 useful design. It's currently very triangular and
12 pointy. They're hoping to square that off in a
13 manner that makes it more usable; at the same time,
14 reduces its, I guess, extension into a setback,
15 pulling it closer to the home.
16 MR. GILMORE: Questions?
17 MS. KULICK: Chris, what other options were
18 considered by the property owners and yourself to
19 keep within the existing footprint?
20 CHRIS BONNER: The existing footprint of the
21 deck, I would say we looked at a number of options
22 that reduced -- kind of squaring off those points,
23 but the dimensions that were existing and their
24 angles to the house makes it extremely difficult to
25 actually use in a manner that would kind of be a
Deposition of Kiawah Island BZA Meeting 28
Clark and Associates Inc.
1 useful deck.
2 There is also a grand tree sitting right
3 behind a portion of the deck. That was also
4 triangular. So their hope was to make it more
5 usable, more square -- as most furniture is -- but
6 at the same time pulling it closer to the house to
7 kind of minimize its general encroachment into the
8 neighbor's space.
9 There are obviously a number of rear doors on
10 the rear of the home, which kind of limit the
11 mobility of what you can -- like access to the
12 porch. Because of their location, it was hard to,
13 you know, push the entire porch maybe to one side
14 because of all of these existing doors.
15 MR. GILMORE: Any further questions?
16 (No audible response.)
17 Thank you, sir.
18 CHRIS BONNER: All right.
19 MR. GILMORE: Is there anyone else here who'd
20 like to speak for or against your proposal?
21 (No audible response.)
22 MR. GILMORE: That being the case, I will
23 close the hearing portion and ask for a
24 recommendation from the board.
25 MR. FARABEE: I move we approve the request.
Deposition of Kiawah Island BZA Meeting 29
Clark and Associates Inc.
1 MR. PARKER: Same.
2 MR. GILMORE: Discussion?
3 MR. FARABEE: I think the request is
4 certainly an improvement in the overall look and
5 that it reduces the lot coverage as well as the
6 fact that they didn't have to come to us to make a
7 change. They could have left the deck in the
8 present configuration and made the change, I think.
9 So I think it was done with good intent and it's a
10 good addition to the neighborhood.
11 MR. GILMORE: Anybody else have any comments?
12 MS. KULICK: One thing that I'm just a little
13 troubled by -- and that has to do with
14 Section 12-163(4)G.
15 MR. GILMORE: (4)G?
16 MS. KULICK: (4)G, that this shall not be the
17 result of the applicant's own actions. And what
18 troubles me about this is, I don't question when
19 the original house was built and the fact that
20 criteria are in place now that were not in place
21 then. But if I'm looking at the documents we have
22 accurately, the property was purchased by the
23 current owner the beginning of 2016; and as part of
24 the owner's due diligence, it would seem to me
25 that -- because we've had other cases where there's
Deposition of Kiawah Island BZA Meeting 30
Clark and Associates Inc.
1 a question of whether the sale is going to go
2 through if the variance isn't approved, and I don't
3 see any indication that there was a consideration
4 by the current owners to come to the BZA and get
5 approval prior to purchasing the property. So I'm
6 a bit troubled by their lack of due diligence.
7 MR. GILMORE: Any further comments or
8 questions?
9 MR. LARSEN: Just addressing that one, for as
10 long as I've been on the BZA, I've been concerned
11 about (4)G, and we could have turned down --
12 MR. GILMORE: Everybody?
13 MR. LARSEN: Yeah, everybody. Now, granted,
14 there may have been a few that did come to us prior
15 to buying it and asked for the variance, but I have
16 more of a problem with (4)G itself than I do this
17 request.
18 MR. PARKER: I see the request as a solution
19 to a problem, not making a problem worse.
20 MR. GILMORE: It's helping to reduce --
21 MR. PARKER: Yeah.
22 MR. CLAWSON: I think, also, we've talked
23 about this on a number of occasions. The only way
24 I can look at (4)G is if somebody had come here and
25 they had already completed it and they are asking
Deposition of Kiawah Island BZA Meeting 31
Clark and Associates Inc.
1 for a variance.
2 MR. GILMORE: We have had that, and we turned
3 them down.
4 MR. HACKER: I look at -- the due diligence
5 did come from the owners, realizing when they
6 wanted to make changes to their home, they worried
7 about the coverage; they changed the driveway to
8 make it pervious from impervious. So I think they
9 are trying to meet as many criteria as possible to
10 get this variance approved.
11 MR. GILMORE: Any further comments? Call the
12 question: All those in favor of the motion?
13 MULTIPLE SIMULTANEOUS SPEAKERS: Aye.
14 MR. GILMORE: Opposed?
15 MS. KULICK: Opposed.
16 MR. GILMORE: The motion passes.
17 If you will, folks, our third case called for
18 hearing, BZA 11-16-00163, 37 Eugenia Avenue.
19 Again, John, the floor is yours.
20 MR. TAYLOR: Thank you, sir. The
21 representative is representing the applicants, the
22 property owners, Henry Kent and Eva M. Holland, and
23 requesting a variance to increase the existing lot
24 coverage of 39.16 percent by 6.28 percent, to
25 45.98 percent, for the installation of a proposed
Deposition of Kiawah Island BZA Meeting 32
Clark and Associates Inc.
1 pool and pool deck at the subject property,
2 37 Eugenia Avenue, Kiawah Island, South Carolina,
3 TMS 207-08-00-021. The subject property is located
4 in the R-1 Residential Zoning District within the
5 developed lands of Kiawah Island. The subject
6 property is not under the purview of the Kiawah
7 Island Architectural Review Board.
8 The lot is approximately 23,720 square feet
9 in size. Per Charleston County records, the
10 existing primary residence was constructed in 1975
11 and the detached guesthouse additions to the
12 primary construction that were constructed in 1988.
13 The adjacent properties of the lot are also located
14 in the R-1 Residential Zoning District. The Town
15 of Kiawah Island Land Use Planning and Zoning
16 Ordinance requires a 25-foot front-yard setback,
17 10-foot side-yard setbacks, and 25 rear-yard
18 setback with an allowed maximum lot coverage of
19 33 percent. The existing lot coverage is
20 nonconforming at 39.16 percent. The ordinance
21 defines lot coverage as a total percentage of lot
22 area that is impervious to stormwater, including
23 buildings, decks, walls, driveways, front walkways,
24 and other impervious surfaces as defined by this
25 ordinance and determined by the planning director.
Deposition of Kiawah Island BZA Meeting 33
Clark and Associates Inc.
1 The applicant's letter of intent explains,
2 "We have submitted a request to construct an
3 in-ground swimming pool on our property and are
4 requesting a variance approval." The proposed
5 25/40 pool with 8-foot-wide deck is to be adjacent
6 to the one-story guesthouse at the rear of the
7 subject property. The one-story guesthouse is
8 accessed from the wraparound elevated deck which
9 connects the primary residence and extends to the
10 front of the primary residence. The existing deck
11 and deck under the trellis is, combined,
12 approximately 3,339.19 square feet in size.
13 The existing driveway of the subject property
14 is approximately 1,937 square feet in size and is
15 legally nonconforming. The ordinance allows a
16 single driveway with only one curb cut for an
17 individual lot or parcel. The existing deck, deck
18 under the trellis, and driveway combine for
19 approximately 5,276.19 square feet in lot coverage
20 of the overall site.
21 The proposed pool area is 1,717.58 feet and
22 sits within the required maximum 10-feet setback
23 for accessory structures. According to the
24 ordinance, "Private swimming pools, along with
25 incidental installations, such as pumps and
Deposition of Kiawah Island BZA Meeting 34
Clark and Associates Inc.
1 filters, may not be located in the front yard. A
2 pool shall be set back a distance of not less than
3 10 feet from all lot lines, except that a pool is
4 elevated more than 4 feet above the average natural
5 ground level at the nearest property line, shall
6 comply with required building setbacks. All
7 swimming pools shall be gated and fenced. The
8 fence height shall be 5 feet."
9 The staff findings for criteria A, staff
10 response: There may be extraordinary and
11 exceptional conditions pertaining to the property
12 due to impacts of its legal nonconforming status
13 because existing lot coverage is 39.16 percent.
14 Per Charleston County records, the existing primary
15 structure was constructed in 1975; and the detached
16 guesthouse, additions to the primary structure, and
17 deck were constructed in 1988. The lot size of the
18 subject property is approximately 23,720 square
19 feet, which is smaller than the adjacent lot to the
20 west and larger than the adjacent lot to the east
21 and comparable in size to other lots along Eugenia
22 Avenue.
23 Criteria B, staff response: These conditions
24 are unique to the subject property and may not
25 generally apply to other properties in the
Deposition of Kiawah Island BZA Meeting 35
Clark and Associates Inc.
1 vicinity. Of the 44 lots along Eugenia Avenue
2 which have beachfront access, nine lots have
3 in-ground pools or hot tubs installed. Per
4 applicant's letter of intent, "The placement and
5 addition of the pool will not affect our adjacent
6 neighbors."
7 Staff criteria C, staff response: The
8 application of this ordinance to 37 Eugenia Avenue
9 would prohibit the ability to construct the
10 proposed pool area or add anything to the property
11 without eliminating lot coverage elsewhere under
12 the current maximum lot coverage standards. The
13 ordinance grants maximum lot coverage of 33 percent
14 for lots greater than 12,000 square feet.
15 Criteria D, staff response: The
16 authorization of the variance may or may not be of
17 substantial detriment to the adjacent properties or
18 the public good. The subject property is
19 surrounded by residential zoned properties within
20 the R-1 zoning district. Per the applicant's
21 letter of intent, "For the total lot coverage,
22 approximately 12 percent to 15 percent of the lot
23 coverage is attributed to elevated decks that allow
24 water to seep into the ground. Approximately
25 30 percent of the house is also elevated above
Deposition of Kiawah Island BZA Meeting 36
Clark and Associates Inc.
1 ground to allow groundwater to seep into the soil
2 rather than run off."
3 Criteria E, staff response: Granting of this
4 variance would not allow the establishment of a use
5 not otherwise permitted in this zoning district,
6 extend physically a nonconforming use of land, or
7 change the zoning district boundaries. Use of this
8 project does not change and will remain within the
9 R-1 zoning district. Per the applicant's letter of
10 intent, "This request does not require rezoning."
11 Criteria F, staff response: The BZA may not
12 consider profitability when considering this
13 variance request.
14 Criteria G, staff response: The need for
15 this variance may be the result of the applicant's
16 own actions. Since the existing structures are
17 legally nonconforming, the existing footprint could
18 be maintained or reduced by removing lot coverage
19 from elsewhere on the property without the need for
20 this particular variance request. However, per the
21 applicant's letter of intent, "Since 1991, the home
22 lot coverage was approximately 40 percent.
23 Although multiple upgrades have been performed,
24 there has been no additional lot coverage."
25 Criteria H, staff response: Granting of this
Deposition of Kiawah Island BZA Meeting 37
Clark and Associates Inc.
1 variance may be contrary to the public or
2 neighborhood interest, may adversely affect other
3 property in the vicinity, nor interfere with the
4 harmony, spirit, intent, and purpose of these
5 regulations. The subject property is currently
6 legally nonconforming and is not subject to the
7 purview of the Kiawah Island Architectural Review
8 Board. Per the applicant's letter of intent, "The
9 project construction will all be done by hand. No
10 machinery will be utilized so as not to disturb the
11 land or to be a nuisance to our neighbors.
12 Landscaping will be preserved and updated to
13 obscure the pool from view. Nearly 45 percent of
14 the house and deck coverage is elevated above
15 ground and allows groundwater to seep into the soil
16 rather than promote runoff."
17 Criteria I, staff response: Granting of the
18 variance may conflict with the comprehensive plan
19 and purposes of the ordinance. The proposed plan
20 has an opportunity to reduce lot coverage elsewhere
21 on the subject property, as eliminating some of the
22 existing elevated deck or closing off one of the
23 driveway entrances of the legally nonconforming
24 driveway, to become more consistent with the
25 required lot coverage of the R-1 Residential Zoning
Deposition of Kiawah Island BZA Meeting 38
Clark and Associates Inc.
1 District. However, authorization of the variance
2 would only grant site-specific permission to
3 increase the lot coverage of the subject property
4 as a result of the proposed pool area.
5 The Board of Zoning Appeals' action: The
6 Board of Zoning Appeals may approve, approve with
7 conditions, or deny the case BZA 11-16-00163,
8 variance request to increase the existing lot
9 coverage of 39.16 percent to 45.98 percent for the
10 installation of a proposed pool and deck at the
11 subject property, 37 Eugenia Avenue.
12 MR. GILMORE: Questions for John?
13 MS. KULICK: John, when you're looking at
14 this depiction of what it will look like, when I
15 walked the property, I noticed that there are two
16 live oaks that are kind of right behind the
17 existing deck, and then there's a large expanse of
18 area beyond that going toward the beach.
19 Is there anything, because of the live oaks,
20 that would preclude putting the pool in that area
21 and then there wouldn't be any need to go into the
22 setback?
23 MR. TAYLOR: I think that would be more
24 feasible for the applicant to answer.
25 MR. HACKER: John, when there's a question
Deposition of Kiawah Island BZA Meeting 39
Clark and Associates Inc.
1 about building at ground level as opposed to
2 building a pool up in the air, how is ground level
3 determined? Because it's a dune and it's all over
4 the place.
5 MR. TAYLOR: That would be essentially at
6 grade level. So -- and Sally, you can maybe try
7 and answer, too. But at ground level would be that
8 first level of where you would enter the home
9 versus an elevated would be where you actually
10 needed to walk up to enter.
11 MR. HACKER: I have a feeling -- I think the
12 pool is going to be elevated even though they're
13 saying it's going to be at ground level. I think
14 that's something we're going to have to ask the
15 architect: how he's determining ground level.
16 MR. GILMORE: Another question?
17 You're right. The architect is going to
18 answer that.
19 Any other questions for John?
20 MR. CLAWSON: I've got one, and it might be a
21 question as well for the architect, but when the
22 applicant submits their application, one of the
23 requirements is to show the critical line. And
24 maybe I don't understand this, but we saw the
25 previous one with the marsh; the critical line was
Deposition of Kiawah Island BZA Meeting 40
Clark and Associates Inc.
1 defined. I don't see the critical line defined in
2 any of these drawings.
3 MS. BROOKS: This is a little different since
4 it's beachfront and these lots on Eugenia are
5 platted outside. There's like a dune line, but
6 that's essentially outside of that property area.
7 MR. CLAWSON: So the simple question is,
8 there's no requirement to show a critical line on a
9 property like this?
10 MS. BROOKS: Right.
11 MR. GILMORE: Any further questions?
12 MR. TAYLOR: Mr. Gilmore, I wanted to, if I
13 may, just read the ground level definition, if
14 you --
15 MR. GILMORE: Thank you.
16 MR. TAYLOR: Ground-floor level means natural
17 ground or the lowest floor elevation for a
18 structure as set forth in the Town's Flood Plain
19 Management Ordinance, whichever is higher,
20 provided, however, the ground level for structures
21 shall not exceed 14 feet above natural ground. So
22 this definition shall not be constructed to prevent
23 an owner from constructing a first floor or higher-
24 than-ground-floor level, provided, however, that
25 the height is measured from ground-floor level or
Deposition of Kiawah Island BZA Meeting 41
Clark and Associates Inc.
1 base flood elevation when they're located within a
2 flood zone.
3 So if I were to summarize it, base flood
4 elevation would be -- almost, in a sense, be
5 measured 14 feet at most properties on the island,
6 and anything sort of below that would be ground.
7 MR. HACKER: Wow.
8 MS. BROOKS: Typically it's just the actual
9 ground level because then there's a caveat in there
10 about swimming pools being --
11 MR. TAYLOR: Elevated.
12 MS. BROOKS: Elevated. Anything over 4 feet
13 would be required to meet --
14 MR. HACKER: They're saying ground level so
15 that they don't -- if they came up 4 feet, then
16 they'd have to apply to the 25-foot setback rather
17 than the 10-foot, and that's what I'm getting at.
18 How do they know that that's going to be the
19 criteria?
20 Because the ARB would cover that, and there's
21 no ARB, so that's why I'm very concerned that that
22 pool is going to have a 4-foot high -- and we have
23 to approve it or not approve it.
24 MR. TAYLOR: As far as the height, we would
25 measure the -- we would measure the height based on
Deposition of Kiawah Island BZA Meeting 42
Clark and Associates Inc.
1 that base flood. So if it needed to meet that
2 required setback, it being greater than 4 feet,
3 then it would meet that standard setback of the
4 building requirement, which I believe would be 25
5 in the rear. But if not, it would just need to be
6 10 feet from the lot line.
7 MR. GILMORE: Other questions for staff?
8 (No audible response.)
9 MR. GILMORE: Thank you, John.
10 Who is speaking for the applicant? Would you
11 please state your name and address?
12 HENRY HOLLAND: My name is Dr. Henry Holland
13 at 37 Eugenia Avenue on Kiawah Island,
14 South Carolina.
15 MR. GILMORE: You are the owner.
16 HENRY HOLLAND: Yes. So we're proposing to
17 install a swimming pool in the rear of our yard at
18 37 Eugenia, and our intent is to build this as an
19 in-ground pool within the setbacks on the ocean
20 side as well as on the lateral side of our
21 neighbor.
22 We have spoken with our neighbor on the left
23 who is most impacted by this, and they have agreed
24 to the proposal that we've submitted for, and we
25 asked for our letter to them -- letter from that
Deposition of Kiawah Island BZA Meeting 43
Clark and Associates Inc.
1 neighbor to be sent to the zoning board.
2 This house, as you mentioned before, was
3 built in 1975 with the most recent major changes in
4 1988, from what I understand, and there have been
5 really no significant changes since that time.
6 The main thing to point out, that there is an
7 extensive deck system that was put in at that time.
8 All the rooms have doors that enter outside along
9 that deck, all the bedrooms. So to modify the
10 decking is not feasible.
11 The decking raises anywhere from about
12 15 feet all the way down to maybe 3 feet above
13 ground level around the property to allow
14 appropriate rainwater to seep into the soil to
15 prevent unnecessary runoff.
16 Also, up to about 30 percent of the house is
17 raised aboveground on piers, the way they used to
18 build those homes, which, again, allows appropriate
19 seepage of rain into the soil.
20 So if you add those two together, almost
21 40 percent, maybe 40, 45 percent, of all the
22 surface area is actually above ground, whereas the
23 remaining is the actual home itself as well as the
24 driveway.
25 In regards to the driveway issue, the
Deposition of Kiawah Island BZA Meeting 44
Clark and Associates Inc.
1 driveway was -- like many of the old homes on
2 Eugenia, is a circular driveway. The house has a
3 garage on the right- and the left-hand side. So we
4 thought about could we do something with the
5 driveway. But because of the need to access the
6 garages in the very extreme ends of the house, it's
7 really not feasible to modify the driveways
8 significantly to reduce surface area.
9 In regards to the pool and being able to see
10 it, we've designed it in such a way that we don't
11 believe you should be able to see the pool from our
12 neighbors or anywhere outside of the property. We
13 have appropriate landscaping as shielding of the
14 pool, especially laterally. On the pool side as
15 well as on the ocean side, you should not be able
16 to see the pool from the beach.
17 The pool is going to be at ground level.
18 It's our intent not to have it come above the
19 lowest end of the guest cottage. So it would be --
20 when you're looking at the pool from the main
21 house, it's really going to be level to the ground
22 decking on the main house, which is only a few feet
23 above -- which is right there at the ground level
24 as you walk out on the deck of the rear of the
25 house.
Deposition of Kiawah Island BZA Meeting 45
Clark and Associates Inc.
1 MS. KULICK: I'll ask the question that --
2 MR. GILMORE: Go ahead.
3 MS. KULICK: -- you suggested be proposed to
4 the property owner or the architect, and that is,
5 you know the two live oaks that I'm talking about?
6 It's --
7 HENRY HOLLAND: Yes, I know what you're
8 speaking of. We want to put the pool where it is
9 because we don't want to cut any of the current
10 live oaks out.
11 MS. KULICK: That wasn't the question.
12 HENRY HOLLAND: Yes.
13 MS. KULICK: The question is -- because I
14 certainly commend you for that --
15 HENRY HOLLAND: Yes.
16 MS. KULICK: -- and they're beautiful trees.
17 Is there some prohibition that would preclude you
18 from putting the pool right in front of the live
19 oaks rather than the location that's proposed?
20 Because when I walked the property, it seemed to me
21 that there was a significant amount -- a sufficient
22 amount of property where the pool could go there.
23 Then it would still be within the setback lines and
24 there would be no need for a variance.
25 MR. PARKER: I think the variance --
Deposition of Kiawah Island BZA Meeting 46
Clark and Associates Inc.
1 THE COURT REPORTER: I'm sorry. Just one
2 person at a time.
3 MR. PARKER: I said, I think that the
4 variance they're looking for is about lot coverage
5 and not about setback lines.
6 MR. GILMORE: Yes.
7 HENRY HOLLAND: Yes.
8 MR. PARKER: And I think that's the issue.
9 They want to increase the coverage, the
10 nonconforming coverage, by over 100 percent, from
11 6 percent over what's allowable to 13 percent of
12 what's allowable.
13 MS. KULICK: And I thank you for that, Scott.
14 The other question I had was what other
15 options were considered for the location of the
16 pool should the variance -- well, you couldn't do
17 it.
18 HENRY HOLLAND: Yes, ma'am. It's primarily
19 an issue of lot coverage. It's all within the
20 setback. We have no intention of going beyond --
21 into a setback area.
22 MR. FARABEE: I'll piggyback on Wendy's
23 question, and that being, what about other options
24 to reduce the coverage if you're going to put a big
25 pool with a big deck in in terms of reducing
Deposition of Kiawah Island BZA Meeting 47
Clark and Associates Inc.
1 coverage?
2 MR. PARKER: I would echo what Ben says. I
3 think that's the critical issue: What do you offer
4 to mitigate this pretty substantial increase in lot
5 coverage?
6 HENRY HOLLAND: One option we could suggest
7 is the deck area, we could make that pervious.
8 Right now it was going to be a solid stone
9 material.
10 MR. HACKER: I think you might have a
11 misconception here. You're feeling that it's water
12 runoff. Lot coverage is also foliage and that you
13 want so much foliage left on the property, not
14 where the water goes. So that by putting more
15 decks on makes a heck of a lot of different
16 coverage than what you're saying.
17 Yes, if you took off part of the driveway,
18 you'd go from impervious to pervious. If you took
19 out your trellis area, that would be an
20 improvement. But I don't see any effort to do any
21 of these things.
22 HENRY HOLLAND: Well, as I mentioned, in
23 terms of the decking that we have around, it's not
24 feasible to remove any of the decking because of
25 the way the house is designed. As I mentioned,
Deposition of Kiawah Island BZA Meeting 48
Clark and Associates Inc.
1 each of the bedrooms has a door that leads out to
2 the deck around the property, both on the main
3 house as well as -- and then there was the
4 guesthouse at the property. So there's really no
5 area there in terms of decking that we could remove
6 to reduce the lot coverage.
7 And on the driveways, as I mentioned before,
8 because of the way the house is designed -- and
9 that's the way it was designed in 1975 -- the
10 garages are on each side of the house, which makes
11 it -- there's not any feasibility in terms of
12 redesigning the driveway in terms of reducing the
13 total square footage without making it -- at most,
14 you have a very small amount of driveway you've got
15 to reduce to access those two garages.
16 MR. GILMORE: Further questions?
17 MR. HACKER: I'm still unclear about the
18 ground level. You say that from the house where
19 the decking is the pool would be at that height or
20 would be lower than that height?
21 HENRY HOLLAND: The intent is for the pool to
22 be at the same level as the level the deck -- as
23 you're walking off the rear of the house, of the
24 main house, that that pool will be at that level.
25 It will not be elevated above that level.
Deposition of Kiawah Island BZA Meeting 49
Clark and Associates Inc.
1 So when you're actually at that pool level,
2 it's going to meet within the code in terms of not
3 being above the 4 foot. We're thinking it's going
4 to be approximately 2 feet above the actual ground,
5 which will be about parallel or in line with the
6 deck as you come off the rear of the house. So in
7 that sense, it will be at the same level.
8 MR. HACKER: When we're talking about the
9 pool, also you say you're going to build it without
10 any major machinery. Can you really dig a pool and
11 put that in -- how do you get that -- how does that
12 work? I'm just curious on that.
13 HENRY HOLLAND: Well, the contractor has
14 assured us that they can do that, that they're able
15 to -- it's mostly sand that they're moving.
16 There's no stones or extensive amount of hard
17 material that they have to remove. And because
18 we're not raising it, I'm not making it elevated,
19 they don't need to bring in heavy equipment.
20 MR. HACKER: What bothers me still, though,
21 that if that pool is at the level of the first
22 house, you're really up for --
23 MR. LARSEN: First deck, yeah.
24 MR. HACKER: That's where I think you're not
25 complying to the 25-foot setback out on the beach.
Deposition of Kiawah Island BZA Meeting 50
Clark and Associates Inc.
1 HENRY HOLLAND: Like I said, our intent is to
2 be within code, to be not elevated, to be at ground
3 level. That is the intent of the design of the
4 pool.
5 MR. HACKER: Who approves that? There's no
6 ARB in this, so who is going to approve that you
7 are at the right level, that you do not need to be
8 in that setback?
9 MS. KULICK: Is that something the County can
10 do, John?
11 MR. TAYLOR: Yes. We would administer the
12 setback requirements.
13 MS. BROOKS: If this is approved, then they
14 would have to submit a whole set of construction
15 drawings to go along with the site plan.
16 MR. GILMORE: All --
17 MR. LARSEN: And it seems like when you saw
18 those elevations, to get as high as the deck, the
19 pool is no longer going to be at what we consider
20 ground level, i.e., what ground is now.
21 MS. BROOKS: We have to see details of that
22 to confirm.
23 MR. GILMORE: This deck is substantially
24 below the house level.
25 MR. LARSEN: Below the first deck level.
Deposition of Kiawah Island BZA Meeting 51
Clark and Associates Inc.
1 MR. GILMORE: You have multiple decks.
2 MR. PARKER: Yeah, they cascade down.
3 HENRY HOLLAND: This is at a low --
4 MR. GILMORE: You go from a deck that meets
5 elevation code, the first floor of your house, down
6 to basically the deck that walks you toward the
7 beach.
8 HENRY HOLLAND: Right. The deck above, comes
9 off the main house, is only a few feet above the
10 sand. But as I mentioned, there's an elevation
11 rise that goes toward the beachside of the house,
12 which is just a natural dune system that's there.
13 So it actually rises up, upwards.
14 MR. GILMORE: This drawing is not --
15 MR. CLAWSON: That's a question -- typically
16 when we see drawings come in here, they're done by
17 an architect; they're the final kind of drawings,
18 and these just say concept plan. And my reasoning
19 would be, somewhere in Charleston County, if you
20 were approving something like this, you would have
21 much more detailed plans that would get to Ron's
22 question about it being in-ground, how much above
23 ground. This seems a little bit lacking in all the
24 information that we would need to really understand
25 this.
Deposition of Kiawah Island BZA Meeting 52
Clark and Associates Inc.
1 MR. PARKER: Where are the filters and pumps
2 and all that stuff going, and how is that being
3 dealt with? That's not really addressed in this
4 concept.
5 MS. KULICK: I guess my question -- I'm
6 sorry.
7 MR. GILMORE: The question before us is one
8 of lot coverage. Okay. Filters and pumps aren't
9 addressed here. They obviously can't go under the
10 deck.
11 MR. PARKER: Right.
12 MR. GILMORE: So they've got to go somewhere
13 else.
14 MR. PARKER: Which increases more lot
15 coverage.
16 MR. GILMORE: This is a pure lot-coverage
17 question that we have to deal with at this stage.
18 Okay. So I mean, that's really the question that
19 we need to focus on.
20 MS. KULICK: My question is to you and
21 possibly John and Sally, and that is, since there
22 is so much information and detail which is
23 currently lacking, would it be appropriate for us
24 to table this for a month so that we can get the
25 necessary information?
Deposition of Kiawah Island BZA Meeting 53
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1 I think the questions that Ron's raised are
2 very, very pertinent questions which may impact the
3 way members of the board vote.
4 MR. GILMORE: If we get past the lot-coverage
5 question, then I agree with you.
6 MS. KULICK: Well, except that --
7 MR. HACKER: Wait. That is the question
8 because they're building to be 10 feet from the
9 ocean setback, where, if it's higher -- if it's
10 4 feet, they have to be 25 feet back.
11 MS. KULICK: That's correct.
12 MR. HACKER: That makes a big difference in
13 lot coverage.
14 MR. GILMORE: That's what I said. If we get
15 past the lot-coverage question, and if we approve
16 that, the next thing that is going to have to go to
17 Charleston County -- we'll have to look at all of
18 the elevation drawings, and if there is a question
19 whether -- on the height of this pool, then it
20 would be back to us looking for a variance for
21 setback.
22 WILLIAM JEFFERSON: Can I -- I'm a general
23 contractor. And I apologize. The reason we went
24 for this variance was for the lot coverage, and we
25 did conceptual drawings because, obviously, if it
Deposition of Kiawah Island BZA Meeting 54
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1 doesn't pass through, we don't want to charge the
2 gentleman for that. So our main concern was just
3 to see if we could get for the lot coverage.
4 And the way that the architect has designed
5 it is if -- you know when you go out down to
6 those -- the two steps that go down the wraparound
7 deck, we're only planning on coming up 24 inches.
8 So that -- for many reasons: One of them is for
9 railings, because we don't want to obstruct the
10 view by putting up railings, so that was one of the
11 main reasons that we were doing this.
12 And as far as hand digging, the honest way --
13 there's no way to get machinery back there because
14 of all the trees and everything on both sides. We
15 wouldn't want to disturb them. So we have no
16 choice other than to bring in a lot of people and
17 hand dig.
18 And as well, the pool's only going to be
19 4 1/2 to 5 feet deep, so we're only talking like 3
20 foot, you know, down. And the reason we set that
21 in that one spot was it was -- where it would
22 not -- it's kind of an open area as it is right
23 now.
24 So we're trying to keep the natural landscape
25 of everything without positioning it somewhere
Deposition of Kiawah Island BZA Meeting 55
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1 where it would affect, you know, the existing
2 plants and all.
3 So really, the main reason -- we would
4 always -- would have to conform to the building
5 codes as far as the building part. What we're just
6 looking for now is to see if we can variance for
7 the lot coverage.
8 MR. GILMORE: Would you please state your
9 name?
10 WILLIAM JEFFERSON: Yes. I'm sorry. William
11 Jefferson. Do you want my company address?
12 MR. GILMORE: Please. Company address.
13 WILLIAM JEFFERSON: 1001 Landfall Way,
14 Suite D, Johns Island, 29455.
15 MS. KULICK: Was Mr. Jefferson sworn in at
16 the beginning?
17 MR. GILMORE: He was not.
18 WILLIAM JEFFERSON: I wasn't planning on
19 speaking, but I just thought it would be better --
20 MR. GILMORE: You answered some questions
21 that we all had.
22 WILLIAM JEFFERSON: We wanted -- it's a
23 beautiful piece of property. We don't want -- and
24 we did try to think about how to cut back on size;
25 but just the way that whole house is laid out and
Deposition of Kiawah Island BZA Meeting 56
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1 was designed originally, there really -- without
2 maybe taking 65 to 100 square feet off, it's really
3 kind of minimal to that point.
4 We do understand, you know, lot coverage
5 other than rainwater. But we just -- like
6 everybody does, we just want to have a nice piece
7 of property that's -- you know, conforms and looks
8 nice. And that was -- that's our whole intent here
9 today, which is to see, you know, where we need to
10 go.
11 Obviously we would have to go with full
12 drawings and offer the building permit, and we
13 would conform to, you know, all of those setback
14 requirements and heights.
15 MR. GILMORE: Thank you, sir. Any more
16 questions? Questions of anybody?
17 (No audible response.)
18 MR. GILMORE: With that being the case, I
19 would close the hearing portion of this and ask for
20 a motion.
21 MR. PARKER: I move to deny the appeal.
22 MS. KULICK: Second.
23 MR. GILMORE: Discussion?
24 MR. PARKER: I think that it's -- the facts
25 speak for themselves, and to want to increase the
Deposition of Kiawah Island BZA Meeting 57
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1 lot coverage by 100 percent is just -- it's beyond
2 the pale.
3 MR. GILMORE: 100 percent of the overall --
4 MR. PARKER: Yes, sir.
5 MR. FARABEE: Double the overage.
6 MR. PARKER: Yeah, double the overage.
7 MR. FARABEE: I agree with that. This is not
8 a small lot, and there's just a lot of stuff on it.
9 And to continue to add to that and to again
10 restrict any kind of foliage that would be in its
11 place I think is an injustice.
12 But also, I mean, the ordinance was made for
13 a reason, and I think that I see no valid reason
14 here to overrule that ordinance and give the
15 variance.
16 MR. LARSEN: And I will add that I think it's
17 too bad that the sub- -- the property is not under
18 the purview of the ARB, because it could have saved
19 a lot of time on everybody's part. And here -- I
20 mean, granted, there are times when the ARB is not
21 helpful. Here they would have been helpful to
22 everybody: to you, saving your time, to us, to the
23 County.
24 MR. GILMORE: Any more comments on the
25 motion?
Deposition of Kiawah Island BZA Meeting 58
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1 I have one, before we vote on the motion. In
2 the event the motion goes through --
3 MR. LARSEN: To turn it down?
4 MR. GILMORE: Yes, the motion was to decline,
5 to deny. If the applicant were to come back with
6 another proposal which made other concessions,
7 would this committee entertain the application?
8 MR. CLAWSON: We have to entertain them
9 regardless.
10 MS. KULICK: Uh-huh.
11 MR. GILMORE: You answered my question, I
12 guess.
13 MR. HACKER: I think the question is more for
14 the County, because the rules are that they would
15 have to go to court to change it. Can they come
16 back to us with a modified proposal rather than go
17 to court?
18 MR. TAYLOR: It would need to essentially --
19 MR. GILMORE: Speak up, John.
20 MR. TAYLOR: Their option, instead of to
21 approve or deny, you would, in a sense, table it
22 until -- and allow the applicant to submit new
23 information.
24 MS. BROOKS: Yeah. I mean, that could be an
25 option. Or if you voted on it and denied the case,
Deposition of Kiawah Island BZA Meeting 59
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1 then they could resubmit something. It would have
2 to be substantially different than what was
3 submitted now. But if they were trying to pursue
4 this same layout, then that would be the case where
5 it would go to court and on appeal.
6 MR. HACKER: As long as it's different --
7 MS. KULICK: They can come back.
8 MR. HACKER: -- they can come back with
9 another proposal and let this one --
10 WILLIAM JEFFERSON: May I ask a question?
11 MR. GILMORE: Yes, sir.
12 WILLIAM JEFFERSON: By adding anything, we're
13 still increasing the lot coverage, so what would we
14 do -- what would make a difference no matter when
15 we come back? The house is already at 39 percent.
16 We're only trying to add 6 percent for a pool. So
17 how would we -- I guess what I'm asking is -- I'm
18 not trying to be -- I'm just trying to figure out
19 what would -- it's already at that point, so --
20 MR. GILMORE: There are a number of things
21 that could be done to reduce lot coverage. But
22 it's not for us --
23 WILLIAM JEFFERSON: I understand that. It's
24 just -- okay.
25 MR. PARKER: It's a matter of owner
Deposition of Kiawah Island BZA Meeting 60
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1 priorities, and you just need to pick and choose
2 what your priorities are.
3 MR. HACKER: There's things like a smaller
4 pool, things that are pervious rather than
5 impervious. It's just what do you want on your
6 lot.
7 MR. GILMORE: Concrete probably has become
8 something else. There's lots of things we've seen
9 over the years.
10 Any more discussion?
11 HENRY HOLLAND: Would it be best that we just
12 withdrew the application then and came back with
13 another proposal? Is that an option we have?
14 MS. KULICK: We have to take action.
15 MR. GILMORE: We've got it on the table to
16 vote.
17 HENRY HOLLAND: Okay.
18 MR. PARKER: It's between us now.
19 MR. GILMORE: I call the question. Those in
20 favor of the motion, say aye.
21 MULTIPLE SIMULTANEOUS SPEAKERS: Aye.
22 MR. GILMORE: Motion carries. As it has been
23 denied, we do have an appeal process, and that is
24 with the courts. If disapproved and you wish to
25 appeal, it's the circuit court, and your
Deposition of Kiawah Island BZA Meeting 61
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1 application has to be filed according to
2 South Carolina Code 6-29-820, states that the
3 appeal must be filed by the applicant within 30
4 days after you received our decision in the matter.
5 If it's not done, the court loses jurisdiction.
6 No further business. The meeting is
7 adjourned.
8 (The meeting concluded at 5:18 PM.)
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Deposition of Kiawah Island BZA Meeting 62
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1 CERTIFICATE OF REPORTER STATE OF SOUTH CAROLINA
2 COUNTY OF CHARLESTON
3 I, Cherie J. Anderson, Registered Merit
4 Report, Registered Professional Reporter, Certified Realtime Reporter, and Notary Public for the State of
5 South Carolina at Large, do hereby certify that the meeting of the Town of Kiawah Island Board of Zoning
6 Appeals was taken at the time and location therein stated; that the statements of the participants were
7 recorded stenographically by me and were thereafter transcribed by computer-aided transcription; that the
8 foregoing is a full, complete, and true record of the statements.
9 I further certify that I am neither related to nor counsel for any party to the cause pending or
10 interested in the events thereof. Witness my hand, I have hereunto affixed my
11 official seal on December 12, 2016, at Charleston, Charleston County, South Carolina.
12
13 ______________________________
14 Cherie J. Anderson REGISTERED MERIT REPORTER
15 REGISTERED PROFESSIONAL REPORTER CERTIFIED REALTIME REPORTER
16 My Commission expires April 30th, 2023
17
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Deposition of Kiawah Island BZA Meeting 63
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WORD INDEX
< 0 >0162 4:14
< 1 >1 54:191,717.58 33:211,937 33:1410 34:3 42:6 53:8100 46:10 56:2 57:1, 31001 55:13105 18:23 19:15 22:18 27:1, 5106 20:710-feet 33:2210-foot 32:17 41:1711-16-00163 31:18 38:711-160-0164 18:2311-16-164 19:7 26:1812 1:2, 6 3:3 7:2 35:22 62:1112,000 35:1412-163 7:4 8:6 9:1,21 10:17 11:4, 15 12:10 13:8 29:1412-164 7:13123 4:1613 20:25 23:19 46:1114 40:21 41:515 20:6 35:22 43:1215,010 19:1916-0162 4:1317.78 8:19183 5:4 9:7 14:11196-square-feet 5:1 14:91975 32:10 34:15 43:3 48:91977 8:21978 5:10 7:24 8:21986 19:21 21:211988 32:12 34:17 43:4
1991 36:211st 6:24
< 2 >2 49:4 54:192016 1:2, 6 3:3 12:21 29:23 62:112023 62:162070300015 4:15 5:5207-08-00-021 32:320-feet 5:1621st 12:2122026 17:1623,720 32:8 34:1824 54:725 32:17 33:5 42:4 53:1025-feet 20:525-foot 32:16 41:16 49:2526410-003 19:1629403 26:2529413 17:1729415 1:1529455 55:14
< 3 >3 5:17 43:12 54:193,339.19 33:1230 5:18 35:25 43:16 61:330-feet 4:25 7:19 9:11 19:1130-foot 14:8 20:8 22:21 23:1630th 62:1633 32:19 35:1337 31:18 32:2 35:8 38:11 42:13, 1838 19:24 23:1339 59:1539.16 31:24 32:20 34:13 38:9
< 4 >4 7:4, 13 8:6 9:1,21 10:17 11:4, 15 12:10 13:8 29:14,15, 16 30:11, 16, 24
34:4 41:12, 15 42:2 49:3 53:10 54:194,718.4 13:184,802.4 13:174:00 1:940 5:20 33:5 36:22 43:21, 2142 19:22 23:1343.7 23:1444 35:145 37:13 43:2145.98 31:25 38:94-foot 41:22
< 5 >5 7:4 34:8 54:195,276.19 33:195.5 20:24 23:195:18 61:853.5 13:1754.5 5:22 13:17544.3 21:1582 26:24
< 6 >6 46:11 59:166.28 31:246-29-820 61:265 56:2
< 7 >7 5:1873129 1:1579.14 8:2079.6-square-feet 19:12
< 8 >8,816.3 5:88.1 20:21 21:2380 16:584 13:20843-762-6294 1:168-foot-wide 33:5
< A >ability 35:9able 44:9, 11, 15 49:14
aboveground 43:17abuts 10:9access 28:11 35:2 44:5 48:15accessed 33:8accessory 33:23accurate 3:23accurately 29:22action 14:4 25:4 38:5 60:14actions 11:17, 19 24:23 29:17 36:16actual 14:25 41:8 43:23 49:4add 6:5 18:7 35:10 43:20 57:9,16 59:16adding 15:19 59:12addition 5:3 6:5, 19 7:25 9:19, 20 10:14 14:10 19:13 21:8 25:17 29:10 35:5additional 11:12 12:7 14:12 36:24additionally 25:13additions 15:16 32:11 34:16address 4:4 15:6 17:15, 16 25:24 26:21, 24 42:11 55:11, 12addressed 15:3 52:3, 9addressing 30:9adhered 14:2adjacent 5:11 7:20 8:12, 14 9:23 10:3,7 19:24 20:1 23:10 32:13 33:5 34:19,20 35:5, 17adjourned 61:7administer 4:7 50:11administrator 3:20advantage 17:3adversely 12:12, 18 25:9 26:1 37:2affect 12:12, 18 25:9 26:1 35:5
Deposition of Kiawah Island BZA Meeting 64
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37:2 55:1affixed 62:10afternoon 15:8ago 8:2agree 53:5 57:7agreed 42:23ahead 45:2air 39:2allow 9:18 10:19,25 11:13 24:7 35:23 36:1, 4 43:13 58:22allowable 46:11, 12allowed 5:19 32:18allows 33:15 37:15 43:18amenities 17:3amount 13:16 20:20 23:15 45:21,22 48:14 49:16ANDERSON 1:11 62:2, 14angles 27:24answer 38:24 39:7,18answered 55:20 58:11anybody 17:18 29:11 56:16apologize 53:23appeal 3:21 56:21 59:5 60:23, 25 61:3APPEALS 1:1 3:4,13, 16 10:18 14:4, 5 26:16 38:5, 6 62:6applicant 4:22 6:12 7:12 15:2 19:7, 23 21:3 38:24 39:22 42:10 58:5, 22 61:3applicants 31:21applicant's 6:4 7:25 8:21 9:13 10:8 11:10, 16, 19,23 13:1, 15, 21 20:15 21:24 22:12,23 23:25 24:11, 18,22 25:1 26:4 29:17 33:1 35:4, 20 36:9,15, 21 37:8
application 9:2, 6,14 22:17, 24 23:5 35:8 39:22 58:7 60:12 61:1apply 8:7, 9 22:9 34:25 41:16appointed 3:2appropriate 43:14,18 44:13 52:23approval 6:16 7:1 21:6 25:15 30:5 33:4approve 14:5, 5 17:24 26:16, 17 28:25 38:6, 6 41:23,23 50:6 53:15 58:21approved 6:20 12:22 18:19 21:9 25:19 30:2 31:10 50:13approves 50:5approving 51:20approximately 5:1,8 8:19, 20 13:20 14:9 19:12, 19 20:21, 24 21:1, 23 23:14, 19 32:8 33:12, 14, 19 34:18 35:22, 24 36:22 49:4April 62:16ARB 6:15, 17 12:8 21:5 25:15, 16, 23 41:20, 21 50:6 57:18, 20architect 15:9 39:15, 17, 21 45:4 51:17 54:4Architectural 5:14 6:13 12:22 20:3 21:4 32:7 37:7Architecture 19:8 26:24area 6:1 13:23 20:12 21:10 25:19 32:22 33:21 35:10 38:4, 18, 20 40:6 43:22 44:8 46:21
47:7, 19 48:5 54:22areas 26:3Article 7:4asked 30:15 42:25asking 30:25 59:17aspects 13:4asphalt 17:7, 8ASSOCIATES 1:14assured 49:14attachments 6:22attributed 35:23audible 17:11, 20 18:18 28:16, 21 42:8 56:17authorization 9:21 10:1 23:9 24:1 26:12 35:16 38:1available 3:11Avenue 26:25 31:18 32:2 34:22 35:1, 8 38:11 42:13average 34:4Aye 18:16 31:13 60:20, 21
< B >back 8:24 10:6, 12 15:20 18:12 34:2 53:10, 20 54:13 55:24 58:5, 16 59:7,8, 15 60:12bad 57:17balcony 6:19bare 16:25Barrington 19:10base 41:1, 3 42:1based 8:16 14:11 22:11 41:25basically 15:11 51:6BC 26:24beach 38:18 44:16 49:25 51:7beachfront 35:2 40:4beachside 51:11beautiful 45:16 55:23bedrooms 43:9 48:1beginning 29:23 55:16
believe 18:5 42:4 44:11Ben 2:1 3:6 47:2best 18:10 60:11better 11:13 55:19beyond 38:18 46:20 57:1big 16:1 46:24, 25 53:12bit 16:22 27:3 30:6 51:23BOARD 1:1 2:1 3:4, 5, 13, 25 4:4 5:14 6:13 10:17 12:22 14:4, 5 15:7 17:23 20:3 21:4 26:16 28:24 32:7 37:8 38:5, 6 43:1 53:3 62:5Bob 15:10body 3:14, 22Bonner 2:1 19:8 26:23, 23 27:4, 20 28:18bothers 49:20boundaries 10:22 11:3 24:10, 14 36:7Box 1:15 17:16brick 17:5, 6, 7bring 49:19 54:16Brooks 2:1 3:9 4:6 40:3, 10 41:8, 12 50:13, 21 58:24buffered 26:3bufferings 12:7build 42:18 43:18 49:9building 10:5 34:6 39:1, 2 42:4 53:8 55:4, 5 56:12buildings 32:23built 8:1, 3 10:15 14:1 16:20 23:4 25:2 27:7 29:19 43:3business 3:12 61:6buying 30:15BZA 3:10, 19, 24 7:5, 12 11:8 18:22 21:14 24:16 30:4,
Deposition of Kiawah Island BZA Meeting 65
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10 31:18 36:11 38:7BZA-10 4:12BZA-10-16-00162 1:5 4:20 14:7BZA-11-16-00163 1:5BZA-11-16-00164 1:6BZA's 14:11
< C >call 3:2 4:11 18:14,22 31:11 60:19called 18:3 31:17CAROLINA 1:11 5:4 17:17 26:25 32:2 42:14 61:2 62:1, 5, 11carries 60:22cart 20:7cascade 51:2CASE 1:5 3:10 4:11, 12, 12, 15 14:6,6 17:19 18:22 19:7 26:17 28:22 31:17 38:7 56:18 58:25 59:4cases 3:5, 16 29:25cause 62:9caveat 41:9certainly 22:4 29:4 45:14CERTIFICATE 62:1Certified 62:4, 15certify 3:25 62:5, 9change 10:22 11:3 18:6 20:25 23:22 24:10, 15 29:7, 8 36:7, 8 58:15changed 31:7changes 31:6 43:3,5Chapter 7:2character 9:24 15:18 23:24charge 54:1Charles 2:1 3:6
Charleston 1:15 5:9 7:24 17:17 19:20 26:25 32:9 34:14 51:19 53:17 62:2, 11, 11CHERIE 1:11 62:2,14choice 54:16choose 60:1Chris 2:1 19:7 26:23, 23 27:2, 4, 17,20 28:18circuit 4:1 60:25circular 44:2circumstances 7:6 21:15CLARK 1:14Clawson 2:1 3:6 30:22 39:20 40:7 51:15 58:8close 17:21 28:23 56:19closer 12:4 27:15 28:6closest 20:22 21:24closing 37:22code 49:2 50:2 51:5 61:2codes 55:5combine 33:18combined 33:11come 26:20 29:6 30:4, 14, 24 31:5 44:18 49:6 51:16 58:5, 15 59:7, 8, 15comes 51:8coming 54:7commend 45:14comments 25:24 29:11 30:7 31:11 57:24Commission 62:16Committee 14:15 58:7company 55:11, 12comparable 34:21compared 8:18 10:7compelling 7:8complete 3:23 62:8
completed 30:25completely 17:2comply 34:6complying 49:25comprehensive 13:10, 14 26:11 37:18computer-aided 62:7concept 51:18 52:4conceptual 6:13, 16 12:22 21:6 53:25concern 54:2concerned 30:10 41:21concessions 58:6concluded 61:8Concrete 60:7condition 22:5, 14conditional 6:15 21:6 25:15conditions 7:14, 17 8:6, 8 9:2, 15 14:6 21:17 22:7, 24 25:24 26:17 34:11,23 38:7conducted 6:24configuration 8:25 29:8confirm 50:22conflict 13:9, 13, 22 26:10 37:18conform 55:4 56:13conforms 56:7confused 4:19connects 33:9consider 11:8 14:21 24:17 36:12 50:19consideration 30:3considerations 16:9considered 3:25 11:6 27:18 46:15considering 11:9 24:17 36:12consistent 37:24constrained 13:25 16:25constraints 18:10construct 33:2 35:9
constructed 5:10 12:1 19:21 21:20 23:4 32:10, 12 34:15, 17 40:22constructing 40:23construction 8:5 9:8, 20 12:5 17:1 25:5 32:12 37:9 50:14contains 21:22contempt 4:1contends 8:1 21:25continue 57:9contractor 14:3 49:13 53:23contrary 12:11, 17 25:8 37:1correct 53:11cottage 44:19counsel 62:9County 5:9 7:24 19:20 32:9 34:14 50:9 51:19 53:17 57:23 58:14 62:2,11court 4:1 46:1 58:15, 17 59:5 60:25 61:5courts 60:24cover 41:20coverage 5:20, 21 13:16 15:13 16:10,12 19:22, 23 23:13 29:5 31:7, 24 32:18,19, 21 33:19 34:13 35:11, 12, 13, 21, 23 36:18, 22, 24 37:14,20, 25 38:3, 9 46:4,9, 10, 19, 24 47:1, 5,12, 16 48:6 52:8, 15 53:13, 24 54:3 55:7 56:4 57:1 59:13, 21create 13:22criteria 7:1 16:18 19:1 21:16 22:7, 17 23:8 24:6, 16, 21 25:7 26:9 29:20 31:9 34:9, 23 35:7,15 36:3, 11, 14, 25 37:17 41:19
Deposition of Kiawah Island BZA Meeting 66
Clark and Associates Inc.
critical 5:25 20:11 39:23, 25 40:1, 8 47:3CRR 1:11curb 33:16curious 49:12current 6:9, 11 8:16 9:18 11:24 13:6 14:1 15:13 22:12 24:5 25:2 27:6 29:23 30:4 35:12 45:9currently 10:5 15:12 25:12 27:11 37:5 52:23cut 33:16 45:9 55:24
< D >DATE 1:6Dave 19:10days 61:4deal 52:17deals 3:15dealt 52:3DECEMBER 1:2, 6 3:3 62:11decision 3:20 14:13 61:4deck 6:6, 7, 7, 10, 21 9:8, 17 12:25 13:19,19 15:20, 22 16:5,21, 23 19:13, 14 20:17, 19, 20, 21, 23 21:11, 22 22:2, 3, 19,20 23:3, 12, 15, 17 24:3, 4, 23 25:20 26:5, 6, 14 27:6, 7, 9,21 28:1, 3 29:7 32:1 33:5, 8, 10, 11,17, 17 34:17 37:14,22 38:10, 17 43:7, 9 44:24 46:25 47:7 48:2, 22 49:6, 23 50:18, 23, 25 51:4, 6,8 52:10 54:7decking 43:10, 11 44:22 47:23, 24 48:5, 19
decks 32:23 35:23 47:15 51:1deck's 23:18 24:13decline 58:4decrease 19:23deemed 14:12deep 54:19defined 32:24 40:1,1defines 5:23 6:2 20:9, 13 32:21definition 40:13, 22denied 58:25 60:23deny 14:6 26:17 38:7 56:21 58:5, 21depiction 38:14design 20:17 25:4 27:11 50:3designed 44:10 47:25 48:8, 9 54:4 56:1detached 32:11 34:15detail 52:22detailed 51:21details 50:21determinations 6:25determined 32:25 39:3determining 39:15detriment 9:22 10:2 23:10 24:2 35:17developed 19:18 32:5difference 53:12 59:14different 40:3 47:15 59:2, 6difficult 27:24difficulty 7:7dig 49:10 54:17digging 54:12diligence 29:24 30:6 31:4dimensions 27:23direct 12:6directly 15:2director 32:25disapproved 60:24
Discussion 17:18 18:2, 2 29:2 56:23 60:10distance 5:24 20:10,18, 23, 24 23:18, 19 34:2District 5:7, 12 8:12, 13 9:24 10:20,22 11:1, 3 19:17, 25 20:1 23:21, 21, 25 24:8, 10 32:4, 14 35:20 36:5, 7, 9 38:1disturb 37:10 54:15Division 7:4documents 29:21doing 18:10 54:11door 48:1doors 22:2 28:9, 14 43:8dormer 5:2 6:10,19 9:8, 16, 19 10:12 14:10 15:19, 20Double 57:5, 6Dr 42:12drawing 51:14drawings 40:2 50:15 51:16, 17 53:18, 25 56:12driveway 16:24 31:7 33:13, 16, 18 37:23, 24 43:24, 25 44:1, 2, 5 47:17 48:12, 14driveways 32:23 44:7 48:7due 7:18 8:25 21:18 29:24 30:6 31:4 34:12dune 39:3 40:5 51:12
< E >east 34:20echo 47:2edition 6:10effect 10:18 23:5 27:8effectively 9:3 23:1
effort 47:20either 4:2 16:14elevated 33:8 34:4 35:23, 25 37:14, 22 39:9, 12 41:11, 12 48:25 49:18 50:2elevation 40:17 41:1, 4 51:5, 10 53:18elevations 50:18eliminating 35:11 37:21encroaches 7:22 21:19encroachment 5:2 6:18 10:4, 9 12:24 14:9 19:12 28:7encroachments 8:16 22:11ends 44:6enforcement 8:3enhance 13:3, 24enhancing 14:17, 19ensure 26:2enter 39:8, 10 43:8entertain 58:7, 8entire 22:3 28:13entirety 6:8 13:20entrances 37:23equipment 49:19erected 6:1 20:13especially 44:14essentially 39:5 40:6 58:18established 3:14 7:24establishes 5:25 20:12establishment 10:19,25 21:21 24:7 36:4Eugenia 31:18 32:2 34:21 35:1, 8 38:11 40:4 42:13, 18 44:2Eva 31:22event 58:2events 62:10Everybody 30:12,13 56:6 57:22everybody's 57:19
Deposition of Kiawah Island BZA Meeting 67
Clark and Associates Inc.
evidence 3:25exceed 40:21exceptional 7:6, 14,17 21:15, 17 22:5 34:11exceptions 3:17, 21excerpt 15:2exist 7:6 21:15existing 5:10, 21 7:22, 23 8:15 9:9, 9,15 10:4, 5, 13, 15 11:20, 21 15:17, 17,23 16:17 18:5 19:13, 21, 22 20:17,21 21:18, 20, 25 22:2, 10, 13, 20 23:3,3, 17 24:23, 24 26:5 27:19, 20, 23 28:14 31:23 32:10, 19 33:10, 13, 17 34:13,14 36:16, 17 37:22 38:8, 17 55:1expanse 38:17expedite 4:5expires 62:16explains 6:4 20:15 22:23 33:1extend 10:21 24:9 36:6extending 11:2extends 33:9extension 27:14extensive 43:7 49:16extraordinary 7:13,16 21:17 34:10extreme 13:4 44:6extremely 27:24extrusion 18:13
< F >fact 6:9 11:4 12:2 13:25 14:12 29:6,19facts 56:24false 4:1far 41:24 54:12 55:5Farabee 2:1 3:6 16:4, 8, 13 17:5
28:25 29:3 46:22 57:5, 7farther 24:4 26:7favor 18:15 31:12 60:20feasibility 48:11feasible 38:24 43:10 44:7 47:24feeling 39:11 47:11feet 5:8, 17, 18 8:19,20 13:17, 18, 20 16:6 19:19 20:21,24, 25 21:1, 23 23:15, 19, 19 32:8 33:12, 14, 19, 21 34:3, 4, 8, 19 35:14 40:21 41:5, 12, 15 42:2, 6 43:12, 12 44:22 49:4 51:9 53:8, 10, 10 54:19 56:2fence 34:8fenced 34:7figure 59:18filed 61:1, 3filters 34:1 52:1, 8final 51:17finalize 26:2find 7:12 14:16 21:14findings 14:11 34:9first 4:12 39:8 40:23 49:21, 23 50:25 51:5first-level 6:20 12:25Flood 40:18 41:1, 2,3 42:1floor 18:24 31:19 40:17, 23 51:5focus 52:19foliage 47:12, 13 57:10folks 31:17following 6:25foot 49:3 54:20footage 48:13footprint 18:6 21:8,11 24:24 25:18, 20
27:19, 20 36:17foregoing 62:8forth 40:18front 8:20 15:20 32:23 33:10 34:1 45:18front-yard 5:16 20:6 32:16full 56:11 62:8furniture 28:5further 6:22 8:24 10:6 17:9 21:11 25:21 28:15 30:7 31:11 40:11 48:16 61:6 62:9
< G >garage 44:3garages 44:6 48:10,15gated 34:7general 7:9 22:15 28:7 53:22generally 8:7, 9, 18 22:9 34:25gentleman 54:2gentlemen 3:1getting 41:17Gilmore 2:1 3:1, 8 4:11, 15, 19 14:14 15:5 16:3, 14, 18 17:9, 12, 14, 18, 21,25 18:2, 14, 17, 19,22 19:4 26:19 27:16 28:15, 19, 22 29:2, 11, 15 30:7, 12,20 31:2, 11, 14, 16 38:12 39:16 40:11,12, 15 42:7, 9, 15 45:2 46:6 48:16 50:16, 23 51:1, 4, 14 52:7, 12, 16 53:4, 14 55:8, 12, 17, 20 56:15, 18, 23 57:3,24 58:4, 11, 19 59:11, 20 60:7, 15,19, 22give 16:9 19:1 57:14
given 6:20 9:18 12:24 15:21 21:10 25:19go 15:14, 23, 25 16:1 30:1 38:21 45:2, 22 47:18 50:15 51:4 52:9, 12 53:16 54:5, 6 56:10,11 58:15, 16 59:5goes 47:14 51:11 58:2going 18:6, 25 30:1 38:18 39:12, 13, 14,17 41:18, 22 44:17,21 46:20, 24 47:8 49:2, 3, 9 50:6, 19 52:2 53:16 54:18golf 20:8good 9:23 10:3 13:24 15:8 23:11 29:9, 10 35:18grade 39:6grand 21:12 25:22 28:2grant 3:15, 19, 21 7:5 10:18 21:14 26:13 38:2granted 6:15 7:10,11 11:6 21:6 25:15 30:13 57:20granting 9:25 10:11, 24 11:11 12:10, 16 13:2, 8, 12 23:23 24:6 25:7 26:9 36:3, 25 37:17grants 35:13greater 35:14 42:2ground 34:5 35:24 36:1 37:15 39:1, 2,7, 13, 15 40:13, 17,20, 21 41:6, 9, 14 43:13, 22 44:17, 21,23 48:18 49:4 50:2,20, 20 51:23Ground-floor 40:16,25grounds 11:6groundwater 36:1 37:15group 4:6
Deposition of Kiawah Island BZA Meeting 68
Clark and Associates Inc.
guess 27:14 52:5 58:12 59:17guest 44:19guesthouse 32:11 33:6, 7 34:16 48:4
< H >Hacker 2:1 31:4 38:25 39:11 41:7,14 47:10 48:17 49:8, 20, 24 50:5 53:7, 12 58:13 59:6,8 60:3HALL 1:9 3:12hand 37:9 54:12,17 62:10hard 28:12 49:16hardscape 21:2 23:12hardship 7:7harm 23:23harmed 9:25harmony 12:14, 19 25:11 26:8 37:4Hawk 4:16 5:4, 17 9:7 14:11hear 3:5hearing 17:22 28:23 31:18 56:19heart 19:4heavy 49:19heck 47:15height 10:6 34:8 40:25 41:24, 25 48:19, 20 53:19heights 56:14help 12:5 26:7helpful 57:21, 21helping 30:20Henry 2:1 31:22 42:12, 12, 16 45:7,12, 15 46:7, 18 47:6,22 48:21 49:13 50:1 51:3, 8 60:11,17hereunto 62:10high 41:22 50:18higher 40:19, 23 53:9hole 16:1
Holland 2:1 31:22 42:12, 12, 16 45:7,12, 15 46:7, 18 47:6,22 48:21 49:13 50:1 51:3, 8 60:11,17home 8:22 13:5 21:9 23:3, 4 25:3,19 27:7, 15 28:10 31:6 36:21 39:8 43:23homes 8:1, 23 22:16 43:18 44:1honest 54:12hope 28:4hoping 27:6, 10, 12hot 35:3hour 3:2hours 3:12house 15:11, 15, 18 21:25 22:13 27:9,24 28:6 29:19 35:25 37:14 43:2,16 44:2, 6, 21, 22, 25 47:25 48:3, 8, 10, 18,23, 24 49:6, 22 50:24 51:5, 9, 11 55:25 59:15
< I >i.e 50:20ID 4:18II 7:4illegal 16:10, 15immediate 8:23impact 13:6 53:2impacted 42:23impacts 15:15 34:12impervious 31:8 32:22, 24 47:18 60:5improvement 6:14,16 12:23 21:4, 7, 13 25:16, 23 29:4 47:20improvements 15:14 21:9 25:18inches 54:7incidental 33:25included 14:25
includes 20:18, 25 22:1including 7:19 32:22increase 6:17 12:23 31:23 38:3, 8 46:9 47:4 56:25increases 52:14increasing 20:18 59:13indication 30:3individual 33:17information 3:24 6:23 14:12 51:24 52:22, 25 58:23informed 14:13in-ground 33:3 35:3 42:19 51:22injustice 57:11inspection 3:11install 42:17installation 31:25 38:10installations 33:25installed 35:3intent 6:4 7:25 8:22 9:14 10:8 11:10, 23 12:14, 20 13:2, 21 15:1 20:15 21:25 22:13, 23 23:25 24:11, 19 25:1, 11 26:4, 8 29:9 33:1 35:4, 21 36:10, 21 37:4, 8 42:18 44:18 48:21 50:1, 3 56:8intention 20:16 46:20intents 15:19interest 25:9 37:2interested 62:10interesting 14:16interests 12:12, 18 25:25interfere 12:13, 19 25:10 37:3interpret 3:14irregular 7:18 8:18ISLAND 1:1, 9, 11 3:4 5:4, 14, 15 6:13,
15, 17 7:3 12:21 19:15, 18 20:3, 4 21:4, 5 25:14, 16, 23 32:2, 5, 7, 15 37:7 41:5 42:13 55:14 62:5issue 6:9 43:25 46:8, 19 47:3its 6:7 8:23 13:20 24:5 27:14 28:7 34:12 57:10
< J >Jefferson 2:1 53:22 55:10, 11, 13, 15, 18,22 59:10, 12, 23John 2:1 3:8 14:14, 15 18:24, 25 26:19 31:19 38:12,13, 25 39:19 42:9 50:10 52:21 58:19Johns 55:14Jr 2:1 3:9jurisdiction 61:5
< K >Karamus 2:1 4:23 15:6, 8, 9 16:3, 7, 11,16, 21 17:6, 10, 13,16 18:21keep 16:22 27:19 54:24keeping 15:16, 18Kent 31:22KIAWAH 1:1, 9, 11 3:3 5:4, 13, 15 6:12,15, 17 7:2 12:21 19:15, 18 20:3, 4 21:3, 5 25:14, 16, 23 32:2, 5, 6, 15 37:7 42:13 62:5kind 15:13 16:25 27:22, 25 28:7, 10 38:16 51:17 54:22 56:3 57:10know 19:4 28:13 41:18 45:5, 7 54:5,20 55:1 56:4, 7, 9,13
Deposition of Kiawah Island BZA Meeting 69
Clark and Associates Inc.
Kulick 2:1 3:7 4:14, 18 27:2, 17 29:12, 16 31:15 38:13 45:1, 3, 11, 13,16 46:13 50:9 52:5,20 53:6, 11 55:15 56:22 58:10 59:7 60:14
< L >lack 30:6lacking 51:23 52:23Ladies 3:1laid 55:25Land 5:15 7:3 10:21 11:2 20:4 24:9, 12 32:15 36:6 37:11Landfall 55:13lands 19:18 32:5landscape 12:7 15:25 54:24Landscaping 37:12 44:13Lane 4:16 5:4 9:7 14:11large 38:17 62:5larger 34:20Larsen 2:1 3:6 14:16, 23 18:1 30:9,13 49:23 50:17, 25 57:16 58:3lateral 42:20laterally 44:14layout 59:4leads 48:1left 5:17 29:7 42:22 47:13left-hand 44:3legal 7:21 34:12legally 5:21 18:9 25:13 33:15 36:17 37:6, 23lessened 10:14letter 6:4 7:25 8:22 9:14 10:8 11:10, 23 13:2, 21 20:15 21:24 22:13,23 23:25 24:11, 18 25:1 26:4 33:1
35:4, 21 36:9, 21 37:8 42:25, 25letters 15:1level 34:5 39:1, 2, 6,7, 8, 13, 15 40:13, 16,20, 24, 25 41:9, 14 43:13 44:17, 21, 23 48:18, 22, 22, 24, 25 49:1, 7, 21 50:3, 7,20, 24, 25limit 28:10line 5:24, 25 6:3, 21 7:20 8:15, 20, 21 13:1 15:24 16:2 20:10, 11, 14, 19, 22 21:12, 23 23:18 24:5 25:21 26:7 34:5 39:23, 25 40:1,5, 8 42:6 49:5lines 34:3 45:23 46:5little 27:3 29:12 40:3 51:23live 38:16, 19 45:5,10, 18living 26:3located 5:6, 11 8:11,12 9:10 19:16, 25 21:22 22:20 23:15,20 32:3, 13 34:1 41:1LOCATION 1:9 24:3, 5 26:5 28:12 45:19 46:15 62:6long 8:2 30:10 59:6longer 50:19look 29:4 30:24 31:4 38:14 53:17looked 16:23 27:21looking 18:7 29:21 38:13 44:20 46:4 53:20 55:6looks 56:7loses 61:5lot 5:8, 11, 19, 21, 24 6:3 7:18 8:14, 19,20, 21, 25 13:16 15:11, 13 16:12 17:4 18:11 19:19,
22, 23, 24 20:7, 10,14 23:13 29:5 31:23 32:8, 13, 18,19, 21, 21 33:17, 19 34:3, 13, 17, 19, 20 35:11, 12, 13, 21, 22 36:18, 22, 24 37:20,25 38:3, 8 42:6 46:4, 19 47:4, 12, 15 48:6 52:8, 14 53:13,24 54:3, 16 55:7 56:4 57:1, 8, 8, 19 59:13, 21 60:6lot-coverage 52:16 53:4, 15lots 34:21 35:1, 2,14 40:4 60:8low 51:3lower 48:20lowest 40:17 44:19
< M >ma'am 46:18machinery 37:10 49:10 54:13main 43:6 44:20,22 48:2, 24 51:9 54:2, 11 55:3maintained 11:22 24:25 36:18major 43:3 49:10majority 3:18making 15:24 30:19 48:13 49:18Management 40:19manner 12:6 27:13,25map 4:18 10:23Marsh 4:16 5:1, 4,17 7:21 8:14 9:7,11 10:10 12:4 13:7 14:11 15:24 16:2 18:13 39:25material 47:9 49:17matter 59:14, 25 61:4maximum 5:19 32:18 33:22 35:12,13
mean 52:18 57:12,20 58:24means 40:16measure 41:25, 25measured 6:3 20:14 40:25 41:5meet 31:9 41:13 42:1, 3 49:2MEETING 1:2 3:3,10, 23 25:14 61:6, 8 62:5meets 51:4MEMBERS 2:1 3:5, 8 53:3mentioned 43:2 47:22, 25 48:7 51:10MERIT 1:14 62:2,14Michael 2:1, 1 3:6 4:23 15:8, 9 16:7,11, 16, 21 17:6, 13,16 18:21Mike 17:14minimal 10:15 56:3minimize 15:15 28:7minimum 5:24 20:10minimums 17:1misconception 47:11mitigate 18:12 47:4mobility 28:11modifications 9:10modified 58:16modify 43:9 44:7month 52:24motion 17:22 31:12,16 56:20 57:25 58:1, 2, 4 60:20, 22movable 18:7move 17:24 28:25 56:21moving 49:15Multiple 4:10 18:16 22:2 31:13 36:23 51:1 60:21
< N >
Deposition of Kiawah Island BZA Meeting 70
Clark and Associates Inc.
name 26:21, 23 42:11, 12 55:9natural 34:4 40:16,21 51:12 54:24NCRA 1:14nearest 34:5Nearly 37:13necessary 14:13 52:25need 11:15, 18, 22,25 19:1 24:21, 25 25:5 36:14, 19 38:21 42:5 44:5 45:24 49:19 50:7 51:24 52:19 56:9 58:18 60:1needed 39:10 42:1neighbor 42:21, 22 43:1neighborhood 12:11,17 13:25 15:16 25:9, 25 29:10 37:2neighboring 10:10 12:8 13:3 22:16 26:3neighbors 35:6 37:11 44:12neighbor's 28:8neither 62:9net 20:25new 6:5 9:8, 16 11:14 15:12 17:5 21:8, 11 25:17, 20 58:22nice 56:6, 8nicer 15:25nine 35:2nonconforming 5:21 6:7 7:21 10:21 11:2, 20 12:3 13:4,16, 19 18:9 19:14 21:22 24:9, 12, 24 25:13 32:20 33:15 34:12 36:6, 17 37:6,23 46:10normal 3:12Notary 62:4noticed 38:15November 6:24nuisance 37:11
number 4:12, 15 5:5 14:6 19:2, 16 26:18 27:21 28:9 30:23 59:20NUMBERS 1:5
< O >oaks 38:16, 19 45:5,10, 19oath 4:7objective 15:4obscure 37:13obstruct 54:9obviously 28:9 52:9 53:25 56:11occasions 30:23ocean 42:19 44:15 53:9OCRM 5:25 20:11October 12:21Oeters 4:24 15:10offenders 17:4offer 47:3 56:12official 10:23 62:11offset 12:5Okay 14:24 19:3 52:8, 18 59:24 60:17old 16:1 17:7 44:1older 15:11one-story 33:6, 7open 54:22opportunity 37:20Opposed 18:17 31:14, 15 39:1option 47:6 58:20,25 60:13options 27:17, 21 46:15, 23orally 4:2order 3:2 4:4ordinance 3:15 5:16, 23 6:2 7:3 9:2, 7, 15 13:11, 15 20:5, 9, 13 22:18, 24 23:5, 6 26:12 32:16,20, 25 33:15, 24 35:8, 13 37:19 40:19 57:12, 14
ordinances 13:23original 14:3 29:19originally 8:1 12:2 56:1ought 7:9outdoor 26:3outside 40:5, 6 43:8 44:12overage 57:5, 6overall 29:4 33:20 57:3Overlay 5:6, 12 8:11, 13 20:1overrule 57:14overturn 3:20owner 4:24 11:14,24 12:2 13:24 14:18 20:16 29:23 40:23 42:15 45:4 59:25owners 12:9 19:9 25:3 27:1, 4, 5, 18 30:4 31:5, 22owner's 14:19, 25 29:24
< P >P.O 1:15 17:16pale 57:2parallel 49:5parcel 33:17Parker 2:1 3:7 4:13 17:24 18:5, 14 29:1 30:18, 21 45:25 46:3, 8 47:2 51:2 52:1, 11, 14 56:21, 24 57:4, 6 59:25 60:18part 25:4 29:23 47:17 55:5 57:19partial 16:5participants 62:6particular 7:14 9:3 15:3 17:19 19:1 22:14, 25 36:20particularly 8:14parts 12:3party 62:9pass 54:1
passes 31:16path 20:7pending 62:9people 4:10 54:16percent 5:20, 22 13:17, 18 19:22, 24 23:13, 13 31:24, 24,25 32:19, 20 34:13 35:13, 22, 22, 25 36:22 37:13 38:9, 9 43:16, 21, 21 46:10,11, 11 57:1, 3 59:15,16percentage 32:21performed 36:23permission 38:2permit 56:12permitted 10:20 11:1 24:8 36:5person 4:3 46:2pertaining 7:14, 17 21:17 34:11pertains 22:5pertinent 53:2pervious 17:8 31:8 47:7, 18 60:4physically 10:21 11:2 24:9 36:6pick 60:1piece 7:15 9:3 16:19 22:25 55:23 56:6piers 43:17piggyback 46:22place 14:2 29:20,20 39:4 57:11placement 35:4Plain 40:18plan 4:8 13:10, 14,22 20:25 23:11 26:2, 11 37:18, 19 50:15 51:18Planning 5:15 7:3 8:4 12:2 15:21 20:5 32:15, 25 54:7 55:18plans 13:15 51:21plants 55:2platted 40:5
Deposition of Kiawah Island BZA Meeting 71
Clark and Associates Inc.
Pleasant 18:23 19:15 20:6 22:18 27:5please 4:8 6:22 17:15 26:2, 20, 22 27:3 42:11 55:8, 12PM 1:9 61:8podium 26:21point 20:22 21:24 43:6 56:3 59:19points 27:22pointy 27:12pool 32:1, 1 33:3, 5,21 34:2, 3 35:5, 10 37:13 38:4, 10, 20 39:2, 12 41:22 42:17, 19 44:9, 11,14, 14, 16, 17, 20 45:8, 18, 22 46:16,25 48:19, 21, 24 49:1, 9, 10, 21 50:4,19 53:19 59:16 60:4pools 33:24 34:7 35:3 41:10pool's 54:18pop 18:7porch 28:12, 13portion 6:6 13:19 15:22 17:22 23:2 28:3, 23 56:19positioning 54:25possession 25:3possible 31:9possibly 52:21practical 7:6preclude 38:20 45:17PRESENT 2:1, 1 3:8, 18 29:8preserved 37:12pretty 47:4prevent 40:22 43:15previous 39:25primarily 46:18primary 32:10, 12 33:9, 10 34:14, 16prior 8:3 21:21 30:5, 14
priorities 60:1, 2Private 33:24probably 60:7problem 30:16, 19,19procedure 4:5process 60:23Professional 62:4, 15profitability 11:9 24:17 36:12profitable 11:12profitably 11:5prohibit 9:4, 7 22:19 23:1 35:9prohibition 45:17project 36:8 37:9promote 37:16properties 5:11 8:10, 12, 17 10:3, 7,10 13:3 19:24 22:9 23:10 26:1, 4 32:13 34:25 35:17, 19 41:5property 4:23 5:3,5, 13, 20 6:8, 21 7:15, 18, 20 8:7, 9,10 9:3, 5, 13, 23 11:5, 13, 14 12:8, 13,18 13:1, 24 14:18 15:24 16:2, 20 19:9,14, 16 20:2, 9, 19, 22 21:2, 12, 18, 23 22:6,8, 14, 22, 25 23:2, 7,18, 20, 22 24:5, 14,19 25:2, 10, 12, 21 26:7 27:18 29:22 30:5 31:22 32:1, 3,6 33:3, 7, 13 34:5,11, 18, 24 35:10, 18 36:19 37:3, 5, 21 38:3, 11, 15 40:6, 9 43:13 44:12 45:4,20, 22 47:13 48:2, 4 55:23 56:7 57:17proposal 28:20 42:24 58:6, 16 59:9 60:13proposed 6:10 9:10 10:12 12:4 13:15 15:16 20:23, 24, 25
23:11, 16 26:14 31:25 33:4, 21 35:10 37:19 38:4,10 45:3, 19proposes 19:23 23:14proposing 42:16protrusion 24:13provided 3:24 25:23 40:20, 24public 3:11 9:23 10:3 12:11, 17 23:11 25:8, 25 35:18 37:1 62:4pulling 27:15 28:6pumps 33:25 52:1,8purchased 29:22purchasing 30:5pure 52:16purpose 12:14, 20 25:11 37:4purposes 13:10, 14 15:19 26:11 37:19pursue 59:3purview 5:13 20:2 32:6 37:7 57:18push 28:13put 43:7 45:8 46:24 49:11putting 38:20 45:18 47:14 54:10
< Q >quasi-judicial 3:14,22question 18:15 29:18 30:1 31:12 38:25 39:16, 21 40:7 45:1, 11, 13 46:14, 23 51:15, 22 52:5, 7, 17, 18, 20 53:5, 7, 15, 18 58:11,13 59:10 60:19questions 14:15 16:3 17:9 18:3 26:19 27:16 28:15 30:8 38:12 39:19 40:11 42:7 48:16
53:1, 2 55:20 56:16,16quorum 3:18
< R >R-1 19:17, 25 23:20,24 32:4, 14 35:20 36:9 37:25R-2-O 5:6, 12 8:11,13Racker 3:7railings 54:9, 10rain 43:19rainwater 43:14 56:5raised 43:17 53:1raises 43:11raising 15:17 49:18Randy 2:1 3:7read 19:1 40:13realizing 31:5really 16:23, 24 43:5 44:7, 21 48:4 49:10, 22 51:24 52:3, 18 55:3 56:1,2Realtime 62:4, 15rear 6:2, 3, 18 8:14,21 10:9, 11, 13, 16 12:24 19:11 20:13,14, 17, 22 21:12, 23 22:3, 3 23:18 24:23 25:21 26:2 28:9, 10 33:6 42:5, 17 44:24 48:23 49:6rear-deck 21:8 25:18rear-lot 10:4rear-yard 4:25 5:19 6:11 7:19 14:8 20:8 23:16 26:14 32:17reason 53:23 54:20 55:3 57:13, 13reasoning 51:18reasons 18:4 54:8,11received 61:4recommendation 28:24
Deposition of Kiawah Island BZA Meeting 72
Clark and Associates Inc.
reconfiguration 19:13 20:18 22:19 23:17 26:6, 15reconfigure 20:16 27:6, 10reconfigured 20:23 23:12record 17:15 18:3 62:8recorded 62:7records 5:9 7:24 19:20 32:9 34:14rectangular 8:18redesigning 48:12reduce 13:15 24:12 30:20 37:20 44:8 46:24 48:6, 15 59:21reduced 21:1, 10 25:20 27:22 36:18reduces 20:23 23:12, 17 27:14 29:5reducing 13:6 20:19 24:13 46:25 48:12reduction 4:25 6:20 12:25 14:8 19:11 23:14 26:13reflect 22:15regard 8:4regarding 6:23 7:1regardless 58:9regards 12:6 43:25 44:9REGISTERED 1:14 62:2, 4, 14, 15regulations 12:15,20 25:12 26:8 37:5related 62:9relaxation 7:9relegates 15:14relief 3:15remain 24:19 36:8remaining 43:23removal 13:4, 5 16:4remove 17:2 47:24 48:5 49:17removed 13:5
removing 6:6 12:3 13:18 16:9 36:18replaced 17:7Report 62:4REPORTED 1:11REPORTER 1:14 46:1 62:1, 4, 4, 14,15, 15representative 31:21representing 4:23 15:10 27:1, 4 31:21request 6:23 11:10,19 12:6 14:7 24:3,11, 18 28:25 29:3 30:17, 18 33:2 36:10, 13, 20 38:8requested 11:25requesting 4:24 19:8, 10 31:23 33:4require 36:10required 3:19 4:25 5:23 7:19, 23 9:11 12:8 14:8 19:11 20:10 21:19, 21 22:1, 20 23:16 26:14 27:9 33:22 34:6 37:25 41:13 42:2requirement 40:8 42:4requirements 25:14 39:23 50:12 56:14requires 5:16 20:5 32:16reside 23:3residence 5:10 10:5 11:20 19:21 24:20 32:10 33:9, 10Residential 5:6, 12 8:11, 13 19:17 23:21, 24 32:4, 14 35:19 37:25Resort 20:1response 7:16 8:8 9:6 10:1, 24 11:8,18 12:16 13:12 14:17, 24 17:11, 20 18:18 21:16 22:17 23:8 24:6, 16, 21 25:7 26:9 28:16, 21
34:10, 23 35:7, 15 36:3, 11, 14, 25 37:17 42:8 56:17restrict 9:4, 12 22:22 23:1, 6 57:10restrictions 7:9resubmit 59:1result 9:15 11:11,16 24:22 29:17 36:15 38:4resulted 11:25retroactively 23:6review 3:11 5:14 6:13, 14, 14, 16 12:22, 23 20:3 21:4,5, 7 25:17 32:7 37:7rezoning 36:10ridge 15:17, 18right 4:22 5:18 17:14 28:2, 18 38:16 39:17 40:10 44:3, 23 45:18 47:8 50:7 51:8 52:11 54:22right-of-way 5:25 10:7 20:11rise 51:11rises 51:13RMR 1:11road 18:12Robert 4:24Ron 2:1 3:7Ron's 51:21 53:1roof 6:6, 10 9:8, 17 10:15 14:10 15:20roof-deck 5:3 9:19 10:14rooms 43:8RPR 1:11rules 58:14rulings 3:10run 36:2runoff 37:16 43:15 47:12Rutledge 26:24
< S >sale 30:1
Sally 2:1 3:9 39:6 52:21sand 49:15 51:10saved 21:12 25:22 57:18saving 57:22saw 39:24 50:17saying 39:13 41:14 47:16says 22:7 47:2SC 1:15Scott 2:1 3:6 46:13seal 62:11second 17:25 18:1 56:22second-floor 5:2 6:5 14:10second-level 6:19Section 7:4, 13 8:6 9:1, 21 10:17 11:4,15 12:10 13:8 29:14see 6:22 30:3, 18 40:1 44:9, 11, 16 47:20 50:21 51:16 54:3 55:6 56:9 57:13seen 60:8seep 35:24 36:1 37:15 43:14seepage 43:19sense 41:4 49:7 58:21sent 43:1serious 7:8set 8:24 10:6, 12 16:19 18:12 34:2 40:18 50:14 54:20setback 5:1, 17, 19,23 6:2, 2, 11, 14, 18,21 7:20, 23 8:17 9:11 10:4 12:24, 25 14:8 15:22 16:12 19:11 20:6, 7, 8, 9,13, 14, 20 21:10, 20 22:1, 4, 12, 21 23:4,16 24:13 25:20 26:14 27:10, 14 32:16, 18 33:22 38:22 41:16 42:2, 3
Deposition of Kiawah Island BZA Meeting 73
Clark and Associates Inc.
45:23 46:5, 20, 21 49:25 50:8, 12 53:9,21 56:13setbacks 6:10 7:19 8:3, 4 9:18 14:2 15:12 21:22 32:17 34:6 42:19shape 7:18 8:19shielding 44:13show 7:12 39:23 40:8shown 10:22 24:11sic 19:9side 5:17, 18 20:7 28:13 42:20, 20 44:3, 14, 15 48:10sides 54:14side-yard 20:7 32:17significant 43:5 45:21significantly 44:8similar 8:16 22:11 24:4simple 3:18 40:7simply 13:23SIMULTANEOUS 18:16 31:13 60:21single 33:16single-family 24:20sir 4:17, 21 15:5, 8 16:7 17:12 18:20,21 28:17 31:20 56:15 57:4 59:11sit 27:8, 9site 6:24 33:20 50:15site-specific 26:13 38:2sits 20:19, 20 21:25 33:22sitting 28:2situation 18:9 22:4,15size 5:9 19:20 32:9 33:12, 14 34:17, 21 55:24sliding 22:2small 15:11, 19, 20 48:14 57:8
smaller 8:23 10:5 16:24, 25 24:4 34:19 60:3soil 36:1 37:15 43:14, 19solid 47:8solution 30:18somebody 30:24Sorry 4:20 46:1 52:6 55:10sort 41:6SOUTH 1:11 5:4 17:17 26:25 32:2 42:14 61:2 62:1, 5,11spa 21:8 25:17space 9:18 16:23 18:8 28:8speak 4:5 17:19 27:2 28:20 56:25 58:19SPEAKERS 18:16 31:13 60:21speaking 4:8 26:20 42:10 45:8 55:19special 3:16, 21spirit 12:14, 20 25:11 26:8 37:4spoken 42:22spot 54:21square 5:8 13:17,18, 20 16:5 19:19 21:1 23:14 27:12 28:5 32:8 33:12, 14,19 34:18 35:14 48:13 56:2squaring 27:22Staff 3:8 7:16 8:8 9:6 10:1, 24 11:8,18 12:16 13:12 14:24 21:16 22:7,17 23:8 24:6, 16, 21 25:7 26:9 34:9, 9,23 35:7, 7, 15 36:3,11, 14, 25 37:17 42:7staff's 14:17stage 52:17stairs 16:1
stairway 6:7 13:19 15:23 16:5, 22stand 4:6, 9standard 15:3 42:3standards 8:17 22:12 35:12state 17:14 18:4 26:21 42:11 55:8 62:1, 4stated 7:2 62:6statements 4:1 62:6,8states 6:17 21:7 25:1 61:2status 7:21 21:18 34:12stenographically 62:7steps 54:6stone 47:8stones 49:16stormwater 32:22street 5:24 8:24 10:6 20:11structure 6:1 7:22,23 9:9, 10 10:13 11:21, 21 12:1, 3 13:7 14:1 20:12 21:19, 20 34:15, 16 40:18structures 8:15 22:10 33:23 36:16 40:20Studio 19:8stuff 52:2 57:8sub 57:17subject 5:3, 5, 13, 20 8:9 19:14, 16 20:2,8 21:2 22:8 23:20,22 25:12, 13 32:1, 3,5 33:7, 13 34:18, 24 35:18 37:5, 6, 21 38:3, 11submit 50:14 58:22submits 39:22submitted 6:12 21:3 33:2 42:24 59:3subsection 15:1
substantial 7:8 9:22 10:2 23:10 24:2 35:17 47:4substantially 13:9,13 16:19 26:10 50:23 59:2sufficient 45:21suggest 18:24 47:6suggested 45:3Suite 55:14Sullivan 19:9summarize 41:3supposed 14:20Sure 27:4surface 43:22 44:8surfaces 32:24surrounded 35:19Suzanne 19:9swimming 33:3, 24 34:7 41:10 42:17sworn 4:4, 10 55:15system 43:7 51:12
< T >table 52:24 58:21 60:15take 17:3, 4 60:14taken 62:6talked 30:22talking 45:5 49:8 54:19talks 14:17tax 4:18Taylor 2:1 3:8 4:17, 22 14:22, 24 19:3, 6 31:20 38:23 39:5 40:12, 16 41:11, 24 50:11 58:18, 20terms 16:11, 12 46:25 47:23 48:5,11, 12 49:2than-ground-floor 40:24Thank 4:9, 19 14:14 15:5 17:12,13, 21 18:14, 19, 21 28:17 31:20 40:15 42:9 46:13 56:15thereof 62:10
Deposition of Kiawah Island BZA Meeting 74
Clark and Associates Inc.
thing 29:12 43:6 53:16things 47:21 59:20 60:3, 4, 8think 14:18 16:14 29:3, 8, 9 30:22 31:8 38:23 39:11,13 45:25 46:3, 8 47:3, 10 49:24 53:1 55:24 56:24 57:11,13, 16 58:13thinking 49:3third 31:17thought 44:4 55:19TIME 1:9 6:25 8:2 18:8 27:13 28:6 43:5, 7 46:2 57:19, 22 62:6times 57:20TMS 5:5 19:15 32:3today 56:9top 18:7total 23:12 32:21 35:21 48:13TOWN 1:1, 9 3:3,12 5:15 7:2 20:4 32:14 62:5Town's 40:18transcribed 62:7transcription 62:7tree 21:12 25:22 28:2trees 45:16 54:14trellis 33:11, 18 47:19triangular 27:11 28:4troubled 29:13 30:6troubles 29:18true 3:23 62:8try 18:12 39:6 55:24trying 13:23 15:15 16:11, 22 17:2 31:9 54:24 59:3, 16, 18,18tubs 35:3turn 58:3turned 30:11 31:2
two 38:15 43:20 45:5 48:15 54:6type 9:20Typically 41:8 51:15
< U >Uh-huh 58:10Unanimously 18:19unclear 48:17understand 39:24 43:4 51:24 56:4 59:23unique 8:8, 22 22:8 34:24unnecessary 7:7 43:15unreasonably 9:4,12 22:21 23:1, 6updated 37:12upgrades 36:23upwards 51:13usable 9:8, 16 16:22 27:13 28:5Use 5:15 7:3 10:19,21, 25 11:2, 13 20:4 24:7, 9, 12, 14 27:25 32:15 36:4, 6, 7useful 27:11 28:1utilization 9:4, 13 11:12 22:22 23:2, 7utilized 11:5 37:10
< V >valid 57:13Valley 18:23 19:15 20:6 22:18 27:5value 14:19variance 3:19 4:24 6:14, 17 7:5, 11 9:22, 25 10:2, 11, 18,24 11:6, 7, 9, 11, 16,18, 22 12:1, 5, 10, 16,23 13:2, 8, 13, 21 14:7 17:24 19:10 21:5, 7, 14 23:9, 23 24:1, 7, 18, 22, 25 25:6, 8, 16, 17 26:10,12 30:2, 15 31:1, 10,23 33:4 35:16 36:4,
13, 15, 20 37:1, 18 38:1, 8 45:24, 25 46:4, 16 53:20, 24 55:6 57:15variances 3:16 7:1 27:8versus 39:9vicinity 8:7, 10, 15,17, 24 12:13, 19 22:10, 10 25:10 26:1 35:1 37:3view 17:3 37:13 54:10visibility 10:16visit 6:24volume 6:18 12:23vote 3:18 53:3 58:1 60:16voted 58:25
< W >Wait 53:7walk 17:5, 6, 7, 8 39:10 44:24walked 38:15 45:20walking 48:23walks 51:6walkway 16:24walkways 32:23wall 5:18 10:13walls 32:23want 17:19 45:8, 9 46:9 47:13 54:1, 9,15 55:11, 23 56:6,25 60:5wanted 31:6 40:12 55:22warrant 9:19water 35:24 47:11,14way 30:23 43:12,17 44:10 47:25 48:8, 9 53:3 54:4,12, 13 55:13, 25welcome 17:13well 10:12 15:13,23 25:2 29:5 39:21 42:20 43:23 44:15 46:16 47:22 48:3
49:13 53:6 54:18Wendy 2:1 3:7Wendy's 46:22went 53:23we're 14:20 15:21 16:25 39:14 42:16 49:3, 8, 18 54:7, 19,24 55:5 59:12, 16west 34:20we've 29:25 30:22 42:24 44:10 60:8,15whichever 40:19width 8:19, 21William 2:1 53:22 55:10, 10, 13, 18, 22 59:10, 12, 23wish 60:24wishes 4:3wishing 4:5withdrew 60:12Witness 62:10wondered 16:8work 11:24 49:12worried 31:6worse 30:19worst 17:4Wow 41:7wraparound 33:8 54:6writing 4:2WWW.CLARK-ASSOCIATES.COM 1:16
< Y >yard 10:9 34:1 42:17Yeah 30:13, 21 49:23 51:2 57:6 58:24years 60:9
< Z >zone 41:2zoned 35:19ZONING 1:1 3:4,13, 15, 20 5:6, 12, 16 7:3 9:14, 24 10:17,20, 22, 23 11:1, 3
Deposition of Kiawah Island BZA Meeting 75
Clark and Associates Inc.
14:4, 5 19:17, 25 20:1, 5 22:1 23:21,21, 24 24:8, 10, 14 26:16 27:7 32:4, 14,15 35:20 36:5, 7, 9 37:25 38:5, 6 43:1 62:5
Deposition of Kiawah Island BZA Meeting 76
Clark and Associates Inc.
WORD LIST
< 0 >0162 (1)
< 1 >1 (1)1,717.58 (1)1,937 (1)10 (3)100 (4)1001 (1)105 (5)106 (1)10-feet (1)10-foot (2)11-16-00163 (2)11-160-0164 (1)11-16-164 (2)12 (6)12,000 (1)12-163 (10)12-164 (1)123 (1)13 (3)14 (2)15 (3)15,010 (1)16-0162 (1)17.78 (1)183 (3)196-square-feet (2)1975 (4)1977 (1)1978 (3)1986 (2)1988 (3)1991 (1)1st (1)
< 2 >2 (2)2016 (6)2023 (1)2070300015 (2)207-08-00-021 (1)20-feet (1)21st (1)22026 (1)
23,720 (2)24 (1)25 (4)25-feet (1)25-foot (3)26410-003 (1)29403 (1)29413 (1)29415 (1)29455 (1)
< 3 >3 (3)3,339.19 (1)30 (4)30-feet (4)30-foot (4)30th (1)33 (2)37 (6)38 (2)39 (1)39.16 (4)
< 4 >4 (23)4,718.4 (1)4,802.4 (1)4:00 (1)40 (5)42 (2)43.7 (1)44 (1)45 (2)45.98 (2)4-foot (1)
< 5 >5 (3)5,276.19 (1)5.5 (2)5:18 (1)53.5 (1)54.5 (2)544.3 (1)582 (1)
< 6 >6 (2)
6.28 (1)6-29-820 (1)65 (1)
< 7 >7 (1)73129 (1)79.14 (1)79.6-square-feet (1)
< 8 >8,816.3 (1)8.1 (2)80 (1)84 (1)843-762-6294 (1)8-foot-wide (1)
< A >ability (1)able (4)aboveground (1)abuts (1)access (4)accessed (1)accessory (1)accurate (1)accurately (1)action (4)actions (5)actual (4)add (7)adding (2)addition (13)additional (4)additionally (1)additions (3)address (10)addressed (3)addressing (1)adhered (1)adjacent (16)adjourned (1)administer (2)administrator (1)advantage (1)adversely (5)affect (7)affixed (1)
afternoon (1)ago (1)agree (2)agreed (1)ahead (1)air (1)allow (10)allowable (2)allowed (2)allows (3)amenities (1)amount (7)ANDERSON (3)angles (1)answer (3)answered (2)anybody (3)apologize (1)appeal (6)APPEALS (11)applicant (13)applicants (1)applicant's (30)application (11)apply (5)appointed (1)appropriate (4)approval (6)approve (13)approved (8)approves (1)approving (1)approximately (23)April (1)ARB (12)architect (7)Architectural (7)Architecture (2)area (19)areas (1)Article (1)asked (2)asking (2)aspects (1)asphalt (2)ASSOCIATES (1)assured (1)attachments (1)attributed (1)
Deposition of Kiawah Island BZA Meeting 77
Clark and Associates Inc.
audible (7)authorization (7)available (1)Avenue (8)average (1)Aye (4)
< B >back (16)bad (1)balcony (1)bare (1)Barrington (1)base (3)based (4)basically (2)BC (1)beach (4)beachfront (2)beachside (1)beautiful (2)bedrooms (2)beginning (2)believe (3)Ben (3)best (2)better (2)beyond (3)big (4)bit (4)BOARD (26)Bob (1)body (2)Bonner (7)bothers (1)boundaries (5)Box (2)brick (3)bring (2)Brooks (10)buffered (1)bufferings (1)build (3)building (9)buildings (1)built (10)business (2)buying (1)BZA (14)BZA-10 (1)
BZA-10-16-00162 (3)BZA-11-16-00163 (1)BZA-11-16-00164 (1)BZA's (1)
< C >call (6)called (2)CAROLINA (10)carries (1)cart (1)cascade (1)CASE (18)cases (3)cause (1)caveat (1)certainly (3)CERTIFICATE (1)Certified (2)certify (3)change (12)changed (1)changes (3)Chapter (1)character (3)charge (1)Charles (2)Charleston (13)CHERIE (3)choice (1)choose (1)Chris (9)circuit (2)circular (1)circumstances (2)CLARK (1)Clawson (7)close (3)closer (3)closest (2)closing (1)code (4)codes (1)combine (1)combined (1)come (14)
comes (1)coming (1)commend (1)comments (5)Commission (1)Committee (2)company (2)comparable (1)compared (2)compelling (1)complete (2)completed (1)completely (1)comply (1)complying (1)comprehensive (4)computer-aided (1)concept (2)conceptual (5)concern (1)concerned (2)concessions (1)concluded (1)Concrete (1)condition (2)conditional (3)conditions (15)conducted (1)configuration (2)confirm (1)conflict (5)conform (2)conforms (1)confused (1)connects (1)consider (5)consideration (1)considerations (1)considered (4)considering (3)consistent (1)constrained (2)constraints (1)construct (2)constructed (10)constructing (1)construction (9)contains (1)contempt (1)
contends (2)continue (1)contractor (3)contrary (4)correct (1)cottage (1)counsel (1)County (12)court (7)courts (1)cover (1)coverage (50)create (1)criteria (24)critical (7)CRR (1)curb (1)curious (1)current (16)currently (6)cut (3)
< D >DATE (1)Dave (1)days (1)deal (1)deals (1)dealt (1)DECEMBER (4)decision (3)deck (75)decking (7)decks (4)deck's (2)decline (1)decrease (1)deemed (1)deep (1)defined (3)defines (5)definition (2)denied (2)deny (6)depiction (1)design (4)designed (6)detached (2)detail (1)
Deposition of Kiawah Island BZA Meeting 78
Clark and Associates Inc.
detailed (1)details (1)determinations (1)determined (2)determining (1)detriment (5)developed (2)difference (2)different (4)difficult (1)difficulty (1)dig (2)digging (1)diligence (3)dimensions (1)direct (1)directly (1)director (1)disapproved (1)Discussion (6)distance (8)District (24)disturb (2)Division (1)documents (1)doing (2)door (1)doors (4)dormer (10)Double (2)Dr (1)drawing (1)drawings (7)driveway (15)driveways (3)due (7)dune (3)
< E >east (1)echo (1)edition (1)effect (3)effectively (2)effort (1)either (2)elevated (13)elevation (6)elevations (1)
eliminating (2)encroaches (2)encroachment (8)encroachments (2)ends (1)enforcement (1)enhance (2)enhancing (2)ensure (1)enter (3)entertain (2)entire (2)entirety (2)entrances (1)equipment (1)erected (2)especially (1)essentially (3)established (2)establishes (2)establishment (5)Eugenia (10)Eva (1)event (1)events (1)Everybody (4)everybody's (1)evidence (1)exceed (1)exceptional (7)exceptions (2)excerpt (1)exist (2)existing (55)expanse (1)expedite (1)expires (1)explains (4)extend (3)extending (1)extends (1)extension (1)extensive (2)extraordinary (4)extreme (2)extremely (1)extrusion (1)
< F >
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< G >garage (1)garages (3)gated (1)general (4)generally (5)gentleman (1)gentlemen (1)getting (1)Gilmore (77)
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< H >Hacker (18)HALL (2)hand (4)hard (2)hardscape (2)hardship (1)harm (1)harmed (1)harmony (5)Hawk (5)hear (1)hearing (4)heart (1)heavy (1)heck (1)height (8)heights (1)help (2)helpful (2)helping (1)Henry (19)hereunto (1)high (2)higher (3)hole (1)
Deposition of Kiawah Island BZA Meeting 79
Clark and Associates Inc.
Holland (19)home (14)homes (5)honest (1)hope (1)hoping (3)hot (1)hour (1)hours (1)house (33)
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< K >Karamus (15)keep (3)keeping (2)Kent (1)KIAWAH (28)kind (11)know (12)Kulick (26)
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< M >ma'am (1)machinery (3)main (9)maintained (3)major (2)majority (1)making (4)Management (1)manner (3)map (2)Marsh (16)material (2)matter (3)maximum (5)mean (4)means (1)measure (2)measured (4)meet (5)MEETING (8)meets (1)MEMBERS (4)mentioned (5)MERIT (3)Michael (14)
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< N >name (5)natural (5)NCRA (1)nearest (1)Nearly (1)necessary (2)need (21)needed (2)neighbor (3)neighborhood (8)neighboring (5)neighbors (3)neighbor's (1)neither (1)net (1)new (11)nice (2)nicer (1)nine (1)nonconforming (25)normal (1)Notary (1)noticed (1)November (1)nuisance (1)number (11)NUMBERS (1)
< O >oaks (5)
Deposition of Kiawah Island BZA Meeting 80
Clark and Associates Inc.
oath (1)objective (1)obscure (1)obstruct (1)obviously (4)occasions (1)ocean (3)OCRM (2)October (1)Oeters (2)offenders (1)offer (2)official (2)offset (1)Okay (6)old (3)older (1)one-story (2)open (1)opportunity (1)Opposed (4)option (4)options (4)orally (1)order (2)ordinance (29)ordinances (1)original (2)originally (3)ought (1)outdoor (1)outside (4)overage (2)overall (3)Overlay (5)overrule (1)overturn (1)owner (12)owners (10)owner's (3)
< P >P.O (2)pale (1)parallel (1)parcel (1)Parker (23)part (5)partial (1)
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< Q >
quasi-judicial (2)question (28)questions (18)quorum (1)
< R >R-1 (9)R-2-O (4)Racker (1)railings (2)rain (1)rainwater (2)raised (2)raises (1)raising (2)Randy (2)read (2)realizing (1)really (14)Realtime (2)rear (31)rear-deck (2)rear-lot (1)rear-yard (9)reason (5)reasoning (1)reasons (3)received (1)recommendation (1)reconfiguration (6)reconfigure (3)reconfigured (2)record (3)recorded (1)records (5)rectangular (1)redesigning (1)reduce (9)reduced (5)reduces (5)reducing (5)reduction (7)reflect (1)regard (1)regarding (2)regardless (1)regards (3)REGISTERED (5)regulations (5)
Deposition of Kiawah Island BZA Meeting 81
Clark and Associates Inc.
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< S >sale (1)Sally (4)sand (2)saved (3)saving (1)saw (2)saying (3)says (2)SC (1)Scott (3)seal (1)second (3)second-floor (3)second-level (1)Section (11)see (14)seen (1)seep (4)seepage (1)sense (3)sent (1)serious (1)set (9)setback (58)setbacks (11)shape (2)shielding (1)show (3)shown (2)sic (1)side (10)sides (1)side-yard (2)significant (2)significantly (1)similar (3)simple (2)simply (1)SIMULTANEOUS (3)
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< T >table (3)take (3)taken (1)talked (1)talking (3)talks (1)tax (1)Taylor (18)terms (8)than-ground-floor (1)Thank (16)thereof (1)thing (3)things (5)think (23)thinking (1)third (1)thought (2)
Deposition of Kiawah Island BZA Meeting 82
Clark and Associates Inc.
TIME (12)times (1)TMS (3)today (1)top (1)total (4)TOWN (9)Town's (1)transcribed (1)transcription (1)tree (3)trees (2)trellis (3)triangular (2)troubled (2)troubles (1)true (2)try (3)trying (11)tubs (1)turn (1)turned (2)two (5)type (1)Typically (2)
< U >Uh-huh (1)Unanimously (1)unclear (1)understand (5)unique (4)unnecessary (2)unreasonably (5)updated (1)upgrades (1)upwards (1)usable (5)Use (17)useful (2)utilization (6)utilized (2)
< V >valid (1)Valley (5)value (1)variance (70)variances (3)
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< W >Wait (1)walk (6)walked (2)walking (1)walks (1)walkway (1)walkways (1)wall (2)walls (1)want (13)wanted (3)warrant (1)water (3)way (13)welcome (1)well (15)Wendy (2)Wendy's (1)went (1)we're (14)west (1)we've (6)whichever (1)width (2)William (10)wish (1)wishes (1)wishing (1)withdrew (1)Witness (1)wondered (1)work (2)worried (1)worse (1)worst (1)Wow (1)wraparound (2)writing (1)WWW.CLARK-ASS
OCIATES.COM (1)
< Y >yard (3)Yeah (6)years (1)
< Z >zone (1)zoned (1)ZONING (44)
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