ORDERS:
CONSENT ORDER RESTORING MATTER TO CONTESTED CASE DOCKET AND RESOLVING CONTESTED CASE
This matter is before me by motion and consent of all parties. This contested case arises as
a result of an appeal filed by Petitioners of a permit condition imposed by Respondent. Respondent
issued P/N #OCRM-03-337-E to Max Gysin on December 15, 2003, authorizing construction of a
residence on Lot 6, Northpoint, Harbor Island, in Beaufort County, S. C. However, Respondent
included Special Condition #1 (a) in this permit. Special Condition #1 (a) provided that any habitable
structure constructed on Lot 6 be no larger than 2400 square feet of heated space. Petitioners’ appeal
is based on this special condition.
On April 15, 2004, the parties filed a Consent Order of Dismissal with this Court, dismissing
this contested case based on the determination that Petitioners were entitled to a permit amendment
authorizing construction of no more than 3,252 square feet of heated space on Lot 6. Under the terms
of this Consent Order, Respondent had fourteen days to move to restore this matter to the contested
case docket.
On April 29, 2004, Respondent petitioned this Court to restore this contested case. Petitioner
filed a Return in Opposition to Motion to Restore.
This Court has been advised that the parties have resolved their differences raised in this
appeal, and raised in the Motion to Restore and Return in Opposition. The agreement between the
parties is as follows:
1.That this matter shall be restored to the contested case docket.
2.That Lot 32 is in “the general neighborhood” of Lot 6, as contemplated by S. C. Code Reg. 30-15(F)(6)(a)(i). In addition, Lot 32 and Lot 6 are similar based on the location and impact of
Respondent’s beachfront jurisdictional line, known as the baseline, on these lots.
3.That based on the best available evidence to both parties, the habitable structure on Lot 32
consists of 2885 square feet of heated space.
4.In accordance with the requirements of S. C. Code Reg. 30-15(F)(6)(a)(i), the maximum size
of any habitable structure to be constructed on Lot 6 is 2885 square feet of heated space.
Based on this agreement, it is herby ORDERED:
1.That Docket No. 04-ALJ-07-0027-CC be, and it is hereby, restored to the contested case
docket for final disposition herein; and,
2.That Special Condition # 1(a) in P/N #OCRM-03-337-E be, and it is hereby, modified as follows:
1.Provided that the permittee submits final plans for the habitable structure to OCRM for
approval before any work takes place at the site. These plans must show the following:
a)That the structure is no larger than 2,885 square feet of heated space, the size of the
largest similar structure in the general neighborhood which is also seaward of the baseline.
AND IT IS SO ORDERED.
__________________________________
The Honorable C. Dukes Scott
Administrative Law Judge
May 20, 2004
Columbia, S. C. |
