About The Islander. (St. Simons Island, Ga.) 1972-current | View Entire Issue (July 22, 2019)
Page 6, July 22, 2019, The Islander ZBA overturned Continued from Page 3 in as far as traffic is concerned. All they had was that application for five spots and the structure (the gazebo like storage shed).” “We can’t look at any future use of this property to make our decision?” Booker asked. Mumford kept advising the BOC to focus only on the permit; whether or not Community Development could have issued the permit or not. “This board can only overturn, af firm or reverse that permit only. We aren’t here to look beyond what could they do,” he said. Remember, the ZBA upheld the per mit in their decision. The permit was not overturned in the ZBA decision. Booker again said he was concerned about safety issues created because Village Drive is so narrow. “If the intent is for the public to en joy and I know they are open for more than 10 people a day to come down there,” he said. “Shouldn’t we consider that espe cially considering the shape the road is in today?” Booker asked of Mumford. “The issue is how do they (the public) get there (to Guale Preserve) to enjoy it.” Mumford said the POA challenged the permit and the five spots through the ZBA. The ZBA just had the permit decision before it, not what could hap pen in the future, just what is happen ing today. Mumford said he couldn’t answer personally what the SSLT’s future in tent was. Basically he stated the BOC should only consider the permit and the traffic counts that may or may not come with that approval. Com. Peter Murphy said, “We are here to determine whether or not the ZBA acted correctly.” He said the ZBA went outside their mandate and limited use of a public road. “If we were to agree with the ZBA, that would set a terrible prec edent for the county,” he said. Ben Slade interim director of the SSLT spoke next calling the end of Vil lage Drive a “minor access point” to the five parking spaces. J.T. Johnson, attorney for the SSLT, pointed out that Village Drive always has been used to access this property. What he did not say is that up until the purchase of the property by the SSLT, the access to the property has been private and the gate remained closed because it was residential pri vate property and while the zoning has not changed, the use has. It still is private property owned by the SSLT but now open to the public. Johnson also said the POA did not have standing to appeal the permit nor “do they have standing to be before the commission today.” Melinda White, attorney for the POA, asked that the full package presented to the ZBA be given to the BOC in case there is a need for further appeal. White also said the ZBA made a de cision based on evidence from the POA and the SSLT. “The idea that you can’t take into account something right in front of you is absurd,” she said. White compared the battle between the POA and the SSLT to that between David and Goliath. “The POA does not have the re sources the Land Trust does. You, the Board of Commissioners, have the power to fix this. You don’t have to sit back and wait for something to happen. Planning is about visualizing what might happen and protecting neighborhoods,” she said. German Village resident Gloria Burns commented next. “Staff applied a “construction” per mit process normally used for much larger developments that have already been vetted and granted site or subdi vision plan approval by the Planning Commission or for established uses that need infrastructure upgrades,” she said “These “infrastructure only” per mits typically include shopping cen ters, subdivisions, or additions to ex isting developments such a parking lot. A look at the County’s list of “infra structure only” or “construction” per mits over the last three years includes an airport apron, sewer lines, road improvements, a ditch, and employee parking. Guale stands out in this list as a new use without a prior site plan.” Burns continued, “Land Trust lead ers publicly stated their waterfront plans include much more than just five parking spaces and a storage hut. “Many documents, such as the Conservation Easement in your staff packet, make it clear there will be a refurbished boat launch, much larger fishing pier, new viewing dock, rest room, renovated boathouse, trailer parking, turnaround area, and 12 more parking spaces. Save Village from 0 The Land Trust andDNR Find us on FB at Save German Village “When completed, the waterfront entrance will offer more parking than the Middle entrance on Lawrence Road. So why was a partial permit ac cepted by staff that only shows a small portion of these amenities? Why the resistance to submit a full park plan for review?” “The 260-acre park and motorized boat launch at Musgrove is indeed a development according to the Glynn County Subdivision Regulations. The definition is not limited to structures, but includes the use of land. ‘Yet the narrow Land Trust and staff focus is on whether Village Drive is public. Using their criteria of public road access to determine use means the new Land Trust office on Fred erica Road would be a Dollar General instead. It’s public, do what you want. But the public or private status of a street is not even a consideration in the Ordinance. What is considered however, is a long list of other issues such as allowable uses, buffers, and setbacks. “The impact and unintended conse quences on the neighborhood, as well as taxpayers, are being ignored. An email between SSLT and the County Road Engineer (in your staff report) confirms Village Drive is a “minor street” used for residential access and designed to carry traffic that’s gener ated within the subdivision. “But it adds that a “collector” could be installed. This would entail the wholesale cutting of the tree canopy along Village Drive. It’s concerning these questions were being asked in private, yet not vetted in an open plan review process. How much park traf fic is actually anticipated by the Land Trust and staff along the route at full park buildout? That question remains unanswered as a traffic study was not required. “This case will impact neighbor hoods county-wide and set a prece dent in which Glynn County families may no longer depend on basic safety, zoning and land use protections. The climate of uncertainty created by arbi trary and inconsistent interpretation and enforcement of local ordinances and regulations can have a chilling effect on investor confidence in Glynn County, from home buyers to business owners.” The commissioners had questions including what charge had Mumford given to the ZBA prior to them mak ing their decision. He said as best he could recall he told the ZBA their decision was lim ited to the permit, the five spots, and the storage shed. “Based on the facts presented to night I do not personally believe that access to Village Drive is a prohibi tion to that permit. I don’t believe that Turn to Page 8 ZBA overturned Sell YOUR House Sell YOU a House Manage YOUR Property Rent to YOU Short-term, Long-Term, or Vacation 5445 Frederica Road St. Simons Island, GA 31522 Ask about our membership incentive totheJSea Palms Resort. 912-638-6660 or 1-877-638-6660 www.seapalmscoastalrealty.com Not all hearing loss requires a hearing aid. If you thinkyou are experiencing hearing loss, see Southeast Georgia's only licensed Doctors of Audiology. we went to a hearing doctor. 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