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FB council enforces height limit, owners may sue
By Shannon Cavanaugh
Contributing Writer
The owners of property annexed into the city of Folly Beach are considering suing the city for fraud after the city revoked its no height limits zoning.
For months, the city council ignored protests from citizens in standing-room-only council meetings, all demanding that the council set a height restriction on the newly annexed Barber Tollbooth House property. But each time the council refused, with the exception of Councilman Eddie Ellis, who voted for setting a height restriction.
At the urging of Folly Beach Mayor Vernon Knox, the Barbers annexed their properties into Folly Beach city limits to allow the city to annex the new Piggly Wiggly next door and receive tax revenues.
The Barbers’ only request was that they not lose the “no height restrictions” status they had under Charleston County jurisdiction. Even though the city sets height limits on all other properties, the city council created a special zoning of C-4 to annex the Barbers’ property with no height restrictions. That annexation came with no marsh setback, despite a 50-foot marsh setback in the county.
With those legal blessings, the Barbers submitted plans to the city in February to build a four-story, 76-unit condominium project 65 feet above base flood elevation. To passersby on Folly Road, that would look like a seven-story building from the ground up, said Folly Beach Zoning Administrator Aaron Pope.
Knox quickly moved to make a height restriction at 40 feet above BFE pending, in order to prevent developers vesting in the current C-4 zoning of no height restrictions, he said.
The Barbers counter-offered with a new set of plans and a request for 55 feet above BFE. It came before city council for approval with support by Knox. The council set a 50-feet height restriction above BFE on the Tollbooth House property, five feet below what the Barbers needed and a complete reversal of no height restrictions.
Outside council chambers, the Barbers held a family meeting. Steve Barber called it “fraud.” The Barbers are working with legal counsel about their next move.
The Barbers want to sell their property to developers to build a four-story building with parking beneath. They asked for 55 feet above base flood elevation to allow for a pitched roof, but with the limitation now of 50 feet, they will have to either build a flat roof or possibly reduce the number of units. If forced to reduce units, Cas Danielowski, son-in-law of Robert Barber Sr., said that would result in financial damages and a lawsuit.
“This is really upsetting to us,” Danielowski said. “(The mayor) came to us and asked us to annex into the city, and the council stood behind that decision. Gosh, we were just doing what they legally told us we could do. We’re looking at all our options.”
Right now, the city of Folly Beach already faces two other lawsuits over property and alleged unlawful acts. One alleges the city is not following the comprehensive plan and did not legally notify nearby property owners of a rezoning at the Barbers’ Tollbooth House property. Adequate posting is required by state law. The outcome of this suit could affect what happens to the Tollbooth House property. Folly Beach City Attorney Ben Peeples says if the Barbers want to annex out of Folly Beach, it’s not a problem.
“So far, the Barbers haven’t sued the city yet,” said Peeples. “If they wanted out of Folly Beach, unannexation is fairly easy, if everyone is in agreement.”
The Barbers are continuing to talk to “several serious buyers” about developing the Tollbooth House property. If they can still work out a profitable sale with the latest in height restrictions, the Barbers say they’ll walk away from all this with a lesson learned about handshakes and promises from city officials.
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