ORDERS:
CONSENT ORDER
This
matter is before this Court by way of an appeal of a permit decision by the
South Carolina Department of Health and Environmental Control, Office of Ocean
and Coastal Resource Management (“OCRM”) to issue a dock permit, P/N
#2004-1E-330-P, to Respondent Charles Clark. The Petitioner, Town of Sullivan’s Island, appealed the decision, asserting that the permit for a dock, which
extends from Lot 18-A on Sullivan’s Island, to the Intracoastal Waterway, was
improvidently granted by OCRM.
This
matter came to be heard before the Court on October 5, 2005. Prior to the Court
issuing its Final Order, the parties notified the Court that the matter had
been resolved. The agreement reached by the parties and as approved by this
Court are as follows:
The
Respondent Clark owns Lot 18 and Lot 18-A on Sullivan’s Island, South Carolina. His home is located on Lot 18 and is bounded by a lot next-door and by
public streets on two sides. Important to the matter at hand, however, the Town
of Sullivan’s Island owns a 50-foot wide strip of land that extends across the
entire back side of Lot 18, separating it from Lot 18-A. Lot 18-A has a small
area of highland adjacent to the Town’s 50-foot strip with most of the
remaining area of the lot comprised of salt water marsh ending at a channel
leading to the Intracoastal Waterway. The 50-foot strip of land connects
Osceola Avenue on the southeast and Conquest Avenue on the northwest.
The
Respondent lot owner bought the improved Lot 18 in 1997. He purchased the marsh
Lot 18-A in 2002. Prior to purchasing the marsh lot, he applied for a permit
to construct a dock launching from Lot 18-A. This application was withdrawn without
prejudice. After he completed the purchase of Lot 18-A, he applied for a dock
permit in 2004. The dock attaches to a small strip of highland on the marsh
lot.
The
Town objected to Clark’s crossing over the 50-foot strip to access Lot 18-A and
the dock walkway from the home on Lot 18. The Town of Sullivan’s Island and Clark agree to the facts that give rise to this Consent Order:
1. The
subject lots are unique and distinguishable from all other lots on the Island
because Lot 18 and Lot 18-A were once contiguous.
2. Clark has no road or right-of-way access between the house lot and the marsh lot except by
crossing a 50’ strip owned by the Town. Without the consent of the Town, Clark
cannot cross the 50’ strip from Lot 18 to Lot 18-A.
3. The
subject dock lot has adequate highland to secure an OCRM permit independent of
the ownership of Lot 18.
4. The
area being crossed is a 50 foot strip purchased by the Town from Clark’s predecessor in title solely for the construction of a sewer line and is not a
dedicated road. Clark’s predecessor in title did not intend to be denied access
to lot 18-A.
5. The
dock in question is being placed in a location that does not interfere with
public use.
6. Clark
has a deed to the high land on Lot 18-A.
Based on the
forgoing unique circumstances, the parties agree as follows:
1. The Town of Sullivan’s Island hereby withdraws its appeal of the dock
permit P/N #2004-1E-330-P issued to Clark by SCDHEC/OCRM.
2. The Town of Sullivan’s Island hereby permits Clark, his successors and
assigns, the privilege to cross the 50’ foot strip between Lots 18 and 18-A to
access the subject dock.
3. The Town and Clark agree that the location of the access is properly
shown on Exhibit A and is binding on both parties, their heirs and assigns.
4. The Town and Clark agree that the access is solely for the purpose of
foot access and any hand pulled cart and that Clark cannot use the access way
for any other purpose whether temporary or permanent. This includes surface or
sub-surface construction.
5. Clark may use the 50’ foot strip to deliver construction material during
the construction of his dock. However, such materials cannot be stored or left
on the subject 50’ foot strip.
6. The use of the access way is solely to serve dock access to Lot 18-A
from Lot 18 and no other persons may burden this access way.
7. Clark and his successors in title agree not to sell Lot 18 without also
selling Lot 18-A, and vise versa, to the same party or parties.
8. The Town may enforce the terms of this Order if it is violated by the owner(s)
of Lot 18 and Lot 18-A. Prior to enforcement, the owner(s) shall be given
thirty (30) days notice of violation of the terms herein with a right to cure
within thirty (30) days prior to a Court action to enforce the terms.
9. Clark releases the Town from any and all claims, suits or causes of
action that may have arisen from the circumstances that led to this appeal and
the Town agrees to provide authorization needed for construction of this dock
as permitted (see attached OCRM Permit dated March 9, 2005).
Having
reviewed the agreement of the parties, the Court hereby approves the agreements
cited herein. The matter is hereby dismissed with prejudice as to all parties.
AND IT IS SO ORDERED
__________________________________
Honorable
Marvin F. Kittrell
Date: January 19, 2006 Administrative
Law Judge |
