NEWBERRY — In August Judge Frank Addy remanded the denial of a variance concerning property owned by Christy Brown back to the Board of Zoning Appeals.
Addy’s decision stated that the Court remanded the matter back to the Board of Zoning Appeals for specific findings of fact with regard to (1) whether Brown’s non-conforming use predates the zoning ordinance in issue; (2) whether the Board has fully considered the factors as described in Section 153.052 (variances); (3) a formal vote as required per section 153.048 (elected and appointed boards and commissions).
The appeal was against the zoning administrator’s denial for a request for recreational vehicles as temporary accommodation for workers or for the request for a special exception for a commercial campground/RV park, and to request a variance from the conditional requirements for recreational vehicles as temporary accommodation for worker and/or to request a variance from the 100 foot setback for a commercial camp ground.
The property is located on 178 Shingle Mill Road, Newberry.
During the meeting the question was raised whether the BZA would make a decision based off the material presented at the original meeting, that was held in January, or if they would open it to new evidence.
Jake Moore, the attorney for Brown, said he had no objection to the board taking into consideration the materials presented at the last meeting. However, he had additional material he wanted to present to the board.
Jay Tothacer, attorney for Newberry County, said that pursuant to Addy’s order, it was in the discretion of the BZA if they allow additional witnesses or rely on the record. He added that it did not matter to them (the county).
“I think there is adequate information in the record to make a specific decision about this issue,” he said.
Larry Longshore said that he presided over the meeting in January, and his understanding was that because they did not take a vote, due to not having a second, they did not fulfill their obligation.
“In my opinion, and I am not an attorney, we are going to precede with what we had, with no additional comments,” he said.
The BZA chose not to open the case back up, but rather rely on the record.
Ty Ransdell chose to make a motion, that was the original motion in January, to grant the proposed special exception provided the petitioner can meet the guidelines of the parameters set forth by the ordinance from the campground/RV park.
Craig Kesler seconded. A vote was taken and the six present BZA members voted to deny the variance.