Circuit Court Judge J. C. Nicholson, Jr. today ordered The Beach Company, the City of Charleston and neighborhood and preservation groups involved in the Charleston Board of Architectural Review (BAR) appeal case over the Sergeant Jasper property to enter mediation.
The city planning commission and Board of Architectural Review (BAR) have come under fire for proposing what critics say are arbitrary regulations that infringe on private property rights and conflict with existing zoning laws.
The BAR has rejected several concepts for the redevelopment of the Sergeant Jasper property that have been proposed by the property owner, The Beach Company.
The company filed an appeal with the South Carolina Charleston County Circuit Court to challenge the BAR, claiming the BAR ordinances provide no guidelines or standards to applicants or the BAR members.
"The Beach Company supports the BAR and its purpose, but believes the vagueness of the approvals process is excessively onerous for property owners,” said John Darby, president and CEO of The Beach Company.
Judge Nicholson today ordered all parties involved in the BAR appeal to return to mediation to review all plans proposed for the Sergeant Jasper.
“Rather than clutter the court system and further waste taxpayers’ dollars, we are cautiously optimistic that we will be able to reach a positive solution for the Sergeant Jasper site through mediation,” said Darby. “We are hopeful the preservation and neighborhood groups will now focus their efforts on finding a resolution that is best for the community, rather than continuing their unilateral opposition.”
The mediation must occur within 10 days of the order, and it is currently scheduled for April 6, 2016.