Agenda - Planning Commission - 06/07/2007

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May 1, 2007 I Volume 1 1 No.9 this ordinance...in cases where a particular use is sought for which no permit [was] required," if it would not be "contrary to the public iL-"1- terest," or if a "literal enforcement of the provisions of this ordinance would result in unnecessary hardship." The ordinance also gave the board discretion in granting variances. Ferragamo argued that the ordinance "clearly" authorized the grant- ing of use variances because the language "a" was so broad. He also cited other use variances that were allowed by the board previously; the board contended that those variances were not granted in residential zones. The court found that the language specuLying that a variance could be granted for simations in which "no permit [was] required," along with other language in the ordinance, limited the board's power to grant vari- ances. Regardless, Ferragamo's application did not meet the other vari- ance requirements. See also: Nader 1/. Citron, 372 Mass. 96, 360 N.E.2d 870 (1977). Owner of adult entertainment business claims competitor does not have proper use permits Sues planning director to stop business from operating Citation: Connor Holdings, LLC v. Cousins, 2007 WL 1063562 (S.c. 2007) SOUTH CA..ROLINA (04/09/07)-Connor Holdings owned a com- mercial buildLTlg in the tOViTD. of Hilton Head Island. Connor leased the building to a company that operated an adult entertainm.ent business there. In 2002, a competitor, Island Cabaret, began operating in the tOw-n. Connor and its tenant asked the planning director, Cousins, to inves- tigate whether the competitor's business had a valid special exception permit. Additionally, they asked that, if Island Cabaret did not have the proper perIllit, Cousins stop it from opera.6ng until the special excep- tion was obtau"l.ed. CousiL-"1s did not respond to the request, so COlli-"10r sued him and Island Cabaret in court. COlli-"10r asked for an injunction agaiL-"1st Island Cabarei: from "estab- lishing or reestablishing an adult entertaillillent use" at its current loca- tion until it received a valid special exception as required by the land use ordinance. Connor also asked the court to require Cousins to "exercise his authority" in accordance with the ordiL-"1ance. After a heari_ng, the lower court found that COlli-"10r lacked standu"l.g to bring the complaint and failed to exhaust its administrative remedies. In addition, the court found that Cousins had complied with the ordi- nance and that Island Cabaret had a valid special exception permit. 11 187