The James Island Planning Commission voted 3 to 1 to recommend that all members of the Planning Commission and Board of Zoning Appeals be residents of the Town of James Island. Commissioners Bevon, Lohr, and Lyon voted in favor. Commissioner Milliken voted against. Robin Hardin, who is a resident of the City of Charleston, did not attend.
The Planning Commission has recommended an amendment to the Town's Zoning and Subdivision Regulation Ordinance. There will be a public hearing at the Town Council meeting on January 16, 2014. A first reading on an ordinance adopting the amendment will be scheduled at that same meeting. If it passes first reading, then the second reading will be scheduled at the February 20th meeting of Town Council.
The Planning Commission was responding to a resolution passed by Council at the November 21 meeting asking them to make a recommendation regarding a residency requirement. That resolution passed 3 to 1 as well, with Councilman Blank and Mullinax joining me in voting in favor. Councilwoman Berry voted against. Councilman Kernodle was absent.
My view is that an amendment to the Town's ordinance requiring residency is not strictly necessary because the South Carolina Constitution implies such a requirement. However, I certainly agree that the first place to look for a residency requirement is the Town's own Zoning and Subdivision Regulation Ordinance. Putting it there should save time and avoid mistakes in the future.
At the Planning Commission meeting, Chairman David Bevon said that he believes that Robin Hardin remains a Commissioner until her term ends in August of 2014. I think he is mistaken. Still, I see no need to force the issue. Given the way the courts work, I have my doubts that it could be resolved before August anyway. Worse, Hardin's lawyer could continuing legal wrangling even after August, hoping to pocket taxpayer dollars. While I think there is little chance of that, the Town would have to spend taxpayer dollars on our lawyer to defend against even an absurd and frivolous lawsuit.
Hopefully, Robin Hardin will come to her senses and quit listening to Commissioner Millken and others who encouraged her to retain a lawyer to try to hold onto a position where she doesn't belong.
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