Despite widespread opposition from surrounding neighbors, there's still a chance developer J.D. Stricklen could build a subdivision in South Hills without the courts ruling in his favor.
Five months after the Municipal Planning Commission denied an application from Stricklen to build a 10-home subdivision on a 4-acre plot of land at the corner of Bridge and Loudon Heights roads, it voted in favor of considering a modified proposal by Stricklen on Wednesday as part of a settlement agreement, which would dismiss a pending lawsuit against the commission and City of Charleston.
Stricklen and his attorneys requested to modify the original application last Friday, before the case was set to begin oral arguments.
"We agreed we wouldn't proceed with the hearing Friday, and bring the matter to the Planning Commission's attention," said attorney Jay Arceneaux, who was appointed to represent the Planning Commission.
The commission voted to authorize a temporary stay in the litigation to consider the modified proposal. It will place the matter on the agenda for its July meeting and hold a public hearing to receive comments prior to any vote to approve or deny the proposal.
A letter from Kent George, one of Stricklen's attorneys, to Arceneaux and City Attorney Paul Ellis, outlines the suggested changes to Stricklen's original application.
Those would include eliminating one house originally planned to occupy the lot at the corner of Bridge and Loudon Heights roads, bringing the number of homes down to nine instead of 10.
The letter proposes that the lot be dedicated to the city as a conservation easement, which would subsequently increase the square footage for three of the remaining parcels.
It also proposes constructing covered back porches on the homes that would back up to Bridge Road.
Mayor Danny Jones attended the meeting and said he's in favor of the modified proposal.
"This is a chance for the commission to settle the case," Jones said. "If you turn that down, it goes back to Judge Kaufman ... and then we're back to 10 houses."
If Planning Commission ultimately votes to approve the settlement offer, the appeal and lawsuit will be dismissed.
About 30 people attended the meeting, some of whom spoke against the modified proposal and accused the parties involved of not being transparent with the public.
Resident Sara Hoblitzell commended the commission for denying the application back in January, but called the recent developments "very secretive."
"The public needs to be able to comment on this," she said.
Ned Rose, who lives near the site in question, complained that none of the neighbors were made aware of the proposal.
"We have not had an opportunity to see what anything looks like. I think I speak for the folks in my neighborhood - we have a very strong objection, and not on the basis of whether we like the way the houses look," Rose said heatedly.
Jones disagreed with those residents.
"It's absolutely about aesthetics," he said after the meeting. "These folks want to control what they don't own."
Also on Wednesday, the commission voted to approve a bill to amend the zoning ordinance by rezoning certain parcels from 3723 to 3727 Keller Road in North Charleston from I-4 Heavy Industrial to I-2 Light Industrial.
Robert Canterbury, who owns a towing service called CLC Enterprises, requested the rezoning to establish a tow yard.
The Board of Zoning Appeals still needs to approve the bill.
Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.