Board moving forward on suing county over BMW dealership

An ongoing dispute between county administrator Gary Kubic and a Beaufort County board responsible for protecting major corridors could end up in court.

At issue is the former O.C. Welch car dealership on U.S. 278 that's being renovated to house Hilton Head BMW.

The Southern Corridor Review Board met Monday and voted unanimously to allow Chairman Steve Wilson to meet with a Beaufort attorney about filing a lawsuit against the county.

The attorney, whom review board members declined to identify, would consider representing the board on a pro bono basis, Wilson said.

The review board said that a buffer of trees and shrubs planted between the dealership and the highway as a screen from passing traffic is required. It made that decision in June after county planners asked it to review the project.

Kubic, however, has given Hilton Head BMW permission to renovate the building and property without board approval. He also said a buffer is not required.

He said the original dealership -- built nearly 25 years ago -- was constructed before the county's zoning rules were enacted. Also, a provision in the rules allows developers to bypass the board when building improvements are "minor."

While the renovation won't extend beyond the original 22,000 square feet, it is being updated to meet standards that weren't in place when it originally was built. Those include fire, wind and earthquake standards and rules designed to make commercial buildings more energy efficient and easily accessible for the disabled. The car showroom also has been gutted and will encompass what was previously a 4,400-square-foot porch.

"We considered that an expansion" and it is "major" work, said review board member Jake Lee.

By intervening in the process, the board believes Kubic is violating state laws and acting outside his authority.

Kubic said he would like to see a buffer there, but that's not what the law requires.

"The section we are referring to allows a non-conforming use (a building that pre-dates zoning laws) to continue as long as the original look and footprint is maintained," he said. "And I believe that is the case."

Wilson also has other concerns about the renovation.

He said the work began without a required asbestos survey and state demolition permit. Environmental health manager Mark Fairleigh of the S.C. Department of Health and Environmental Control could not confirm Monday if those were obtained before the work began.

The board wants the county to allow it to do its job in ensuring projects along heavily traveled highways blend in with natural surroundings. It also wants stronger county ordinances that clearly can define what "major" or "minor" work entails -- a change Kubic agrees with.

About five residents living near the dealership attended the meeting and encouraged the board to move forward with the lawsuit.

"People I've talked with are very much in support of the fight you're putting forward," said Moss Creek resident Graham Silcox. "I'm very surprised BMW has not stepped up to do it right."

Tom Fitzgerald, who will be operating the BMW dealership, declined comment.