ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review filed by Robert Koontz,
seeking review of permit number OCRM-97-967. On November 4, 1997, OCRM modified the
permit by deleting the cover over the permitted boat lifts. OCRM transmitted the appeal to the
Administrative Law Judge Division on December 8, 1997, and issued a Public Notice of Appeal on
December 11, 1997. No motions to intervene were filed. Prior to a hearing on the merits, the parties
notified the Court that an agreement had been reached to dismiss this action.
This Consent Order has been provided to the Court by the parties and represents their
agreement that:
1. Permit number OCRM-97-967 will be modified to permit a cover over the larger of
the two boatlifts.
2. Petitioner agrees to restrict his adjacent property identified as Lot 5, Block C of
Spanish Point Subdivision, a plat of which is recorded in the Office of the Register of Mesne
Conveyance for Beaufort County. Said lot is shown on the tax map of Beaufort County as R120 007
0359. Said restriction will be accomplished by way of a recorded Declaration of Restrictive
Covenants, to run with the land, and which prohibit the construction of a dock or fixed pier from the
property. Petitioner agrees to record the executed restrictions within thirty (30) days of execution
of this Order.
3. Respondent agrees to consent to the removal of the restrictive covenants should the
permitted activity as modified in number one above not occur or if the said boat lift cover is
permanently removed.
4. Respondent agrees to dismiss his appeal of OCRM-97-967.
THEREFORE, with the consent of the parties, it is hereby ORDERED that Docket Number
97-ALJ-07-0729-CC is hereby dismissed.
AND IT IS SO ORDERED.
_____________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
March 11, 1998
Columbia, South Carolina |
