ORDERS:
CONSENT ORDER OF DISMISSAL PURSUANT TO SCRCP RULE 40(j)
This matter is before me upon Motion of Petitioners and Consent of Respondent for entry of
a Consent Order of Dismissal.
This is an appeal of a “Special Permit,” authorizing construction of a habitable structure on
Lot 6, Northpoint, Harbor Island, Beaufort County, S. C. Petitioner Gysin submitted an application
to Respondent’s Office of Ocean and Coastal Resource Management (“OCRM”) seeking a permit
for construction of a house on Lot 6 measuring 3,500 heated square feet.
Petitioner required a
“Special Permit” because part of the proposed construction was located seaward of the baseline as
it was drawn on plats reflecting Lot 6. OCRM is authorized to issue permits for habitable structures
seaward of the baseline in accordance with S. C. Code Sec. 48-39-290.
OCRM issued P/N # OCRM-03-337-E, authorizing construction of a habitable structure but
restricting the size of the structure to 2,400 heated square feet. This appeal followed. During the
pendency of this appeal Petitioner Gysin entered into a contract to sell Lot 6 to Petitioners William
and Laurie Dobson. Petitioner made a Motion seeking to add the Dobsons as parties to this
contested case appeal. Respondent has no objection to this Motion. Therefore, I find that William
and Laurie Dobson have demonstrated sufficient interest to be added as Co-Petitioners in this matter.
The parties have reached an agreement regarding the matters raised in this appeal. Petitioners
have provided Respondent evidence of two structures constructed since 1999
located seaward of
the baseline on Harbor Island. Petitioners agent, Jim Swain, has inspected and measured two houses
on beachfront lots impacted by the baseline. These lots are Lot 32 and Lot 36. Mr. Swain has
measured the houses on these lots using the method described in an affidavit filed with the Division.
Based on his measurements, the structure on Lot 32 consists of 2885 square feet of heated space and
the structure on Lot 36 consists of 3252 square feet of heated space. Mr. Swain’s memo
documenting these measurements for the Petitioners’ attorney is attached to this Order.
Based on S. C. Code Regs 30-15(F)(6)(a), Special Permits for houses seaward of the baseline
can be issued provided that “[t]he house is no larger than similar structures in the general
neighborhood and in no case may it be larger than 5000 square feet.” Lots 32 and 36 and the
habitable structures constructed on these lots are similar, in accordance with this Regulation, to Lot
6 and any structure constructed on Lot 6. All three lots are impacted by the baseline. In the case of
each lot, the construction of a house necessitates a Special Permit.
Therefore, the parties have agreed that Gysin is entitled to a modification of the issued permit
to authorize the construction of no more than 3,252 square feet of heated space. In addition, the
parties have agreed that Gysin, or his successors in title, shall submit an as-built survey at the
conclusion of construction of the habitable structure on Lot 6 that provides evidence of the total
amount of heated space.
It is further agreed between the parties that OCRM waives the one year time period for
restoration of a case as is provided in SCRCP Rule 40(j). Instead, OCRM has fourteen (14) days
from the date of execution and filing of this Order to move to restore this matter. Both parties agree
that the only basis upon which this matter may be restored to the Division’s docket is a determination
by OCRM that Mr. Swain’s measurements of the structures located on Lots 32 and 36 are inaccurate.
For the purposes of interpretation of this agreement, inaccuracy means that the measurements
provided by Mr. Swain are larger than measurements obtained by OCRM. Additionally, all parties
agree that on-site inspection and measurement of the structures located on these lots is the most
accurate method of determining the size on any structures located on these lots. OCRM’s
determination of inaccuracy shall be exclusively based on an on-site inspection. Failure to move to
restore this matter within fourteen (14) days of execution and filing of this Order shall result in a
waiver by OCRM of any challenge to the measurements provided by Mr. Swain.
Petitioners waive the ten (10) day notice provision as set forth in SCRCP Rule 40(j).
Therefore, based on the consent of the parties as evidenced by their signatures below, it is,
herby, ORDERED, that P/N # OCRM-03-337-E is hereby modified to authorize construction of a
habitable structure on Lot 6, Northpoint, Harbor Island, so long as the maximum heated space of this
structure does not exceed 3,252 square feet, and provided that the permittee or his successors in title
submit to OCRM documentation of the size of the completed structure at the conclusion of
construction.
AND IT IS SO ORDERED.
________________________________
The Honorable C. Dukes Scott
Administrative Law Judge
April 15, 2004
Columbia, South Carolina |
