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.
Trust the Doctors at Advanced Hearing & Balance Center for:
- Functional Communication Assessments
-Vestibular Testing
- Hearing Aid Fittings
-Trial Options Available
9
Make an Appointment:
(912) 267-1569
Physician-Referred
ADVANCED
HEARING & BALANCE CENTER
''' Southeast Georgia Health System, Brunswick Campus
3025 Shrine Rd, Suite 490, Brunswick, GA 31520
