Lawsuit filed over ‘mini-hotel’ properties on Hilton Head

The Forest Beach Owners Association is continuing its fight against what critics have dubbed a “mini-hotel” on Heron Street.

The FBOA, which represents residents in the Forest Beach area on south Hilton Head Island, wants a judge to order Shane Gould, the owner of two new identical houses on Heron Street, to remove a large wooden deck connecting the 3,100-square-foot homes, according to a lawsuit filed last week in Beaufort County Circuit Court.

The suit alleges, among other things, that the deck and certain other improvements, including non-pervious driveways and a fire pit, were not approved by the FBOA’s Architectural Review Board, as required by the association’s covenants.

Area residents have said they fear the development will spur large, loud parties in their quiet neighborhood. They packed a recent Town Council meeting wearing anti-“Hotel Heron” stickers.

Gould and his attorney declined comment when contacted Wednesday.

Opposition by the FBOA stemmed from a decision by the town’s land management ordinance official that the two Heron Street homes could legally function as a “single unit” with the common deck. The association has since filed an appeal of that decision with the town’s Zoning Board of Appeals.

At the last Town Council meeting, Mayor David Bennett said he asked staff to bring forward a proposal to modify the LMO to prevent the waiver — which is commonly used for commercial developments — from being used again in residential areas.

Town staff have previously said the town has no responsibility or authority to enforce association covenants.

Contacted Wednesday, Russell Patterson, an attorney for the FBOA, said the lawsuit has nothing to do with the town’s waiver but rather is about enforcing the association’s covenants and the development plans submitted by Gould to the Architectural Review Board.

“We want them to build exactly what they said they would,” Patterson said. “There have been no plans submitted showing these two houses would be connected.”

John Snodgrass, executive director of the FBOA, said as far as the association is concerned, the project is not complete, contending, for example, that Gould has requested no variances.

Gould previously said the properties are intended to be rented to families. Contacted Wednesday, Dru Brown, director of sales and marketing at The Vacation Company, said the homes are currently being rented by an extended family.

“It’s a group of guests that’s three generations of families — grandparents, parents and grandkids,” Brown said. “They really liked the idea of having the houses together.”

Brown said there are other reservations scheduled in July and August.

This story was originally published June 28, 2017 at 4:59 PM with the headline "Lawsuit filed over ‘mini-hotel’ properties on Hilton Head."