Opponents file appeal in battle over Hilton Head ‘mini-hotel’

The Forest Beach Owners Association is continuing its battle to block what opponents have dubbed a “mini-hotel” — two new identical houses connected by a common deck — on Heron Street.

The association, which represents property owners in the Forest Beach area, on Thursday filed a formal appeal with the town of Hilton Head, seeking to reverse a decision by the town’s land management ordinance official to waive setback and buffer requirements for the properties.

According to the appeal, the FBOA is requesting, among other things, that:

▪ The waiver for the two properties be rescinded and the large wooden deck be removed;

▪ The town reinspect the properties to ensure there are no more violations; and

▪ More “appropriate fines and penalties” be imposed.

Forest Beach area residents donning anti-“Heron Hotel” stickers packed last week’s Town Council meeting to protest the development, expressing concerns that it will turn their quiet neighborhood into a resort. Council members took no official action then, though the town issued a $1,087 fine to builder Jake Gartner, who also is chairman of the town’s Design Review Board, for obtaining a permit after constructing the deck.

The FBOA’s appeal claims the two properties do not function as a single development — the position taken by the town — because the plans were submitted as separate developments and the properties were individually permitted. However, the appeal goes on to say, even if the properties do serve as a single unit, there are other violations that should be addressed, such as having too many pools on one lot.

“Any gray area of the LMO should not be granted to the owner,” Russell Patterson, attorney for the FBOA, said Monday, noting that all plans submitted to the town and the association did not show the common deck. “There are enough issues and questions about what happened. It does not make any sense to grant a waiver.”

Shane Gould, the owner of the two properties, did not immediately respond Monday to a request for comment.

Brian Hulbert, town attorney, declined comment on details of the appeal when contacted Monday.

Hulbert said on July 24, the town Board of Zoning Appeals will hear presentations from the town and the FBOA. The board will then determine if it will uphold the LMO decision, reverse it or make modifications to it. The board will act as the LMO official in making its decision, he said.

Hulbert said the BZA hears appeals about half a dozen times a year. Either side has 30 days after the BZA makes a decision to take the matter to circuit court, he said.

Jack Daly, the FBOA president, said Monday the association is willing to take further action if necessary.

“Regardless of what the Board of Zoning Appeals decides regarding the LMO decision, that has no bearing on Forest Beach covenants,” he said. “We can — and we have before — sued to enforce our covenants.”

John Snodgrass, executive director of the FBOA, said in the past the association has sued over reopening a beach access and for violating covenant setback requirements. In one case, Snodgrass said, it was determined the association has the right to enforce covenants even if the town has allowed something to the contrary.

“We cannot let our neighborhood suddenly become a commercial development,” Daly said about the Heron Street properties. “And we’re going to have to fight to keep it as it is.”

This story was originally published June 12, 2017 at 4:48 PM with the headline "Opponents file appeal in battle over Hilton Head ‘mini-hotel’."