7OH News Reporter
LOWCOUNTRY, S.C. (WCIV) — Should a vape shop be allowed near a residential area? Well, some members of the Hunt Club community are doing what they can to make sure that doesn’t happen.
“It’s not an issue of whether vaping is legal. I’m not here to argue that, and I’m not here to judge any adult that it’s their right to do,” said Hunt Club resident LaDon Paige. “It’s about zoning and the residents in this community are very concerned about it.”
Paige says in 2021, she, and other residents, met with developers to amend a planned development (PD-73E) for the area. The planned development would now restrict any businesses selling gas, tobacco, or alcohol from moving to the area.
“One of the purposes of a planned development is to protect the public health and welfare,” she said. “Those are all very similar uses that we were very adamant that we did not feel met the intent or protected this community.”
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It wasn’t until November of last year, when Paige said the rules of the planned development were broken by the county.
“There was a permit issued in November for a tobacconist, which is strictly prohibited or not allowed or un allowed use in this planned development,” she explained.
In January, Paige said she brought her concerns to the county.
“I was told that no permit had been issued.” She said instead of revoking the permit, the county allowed a “workaround”.
“They allowed a workaround to say that a vape shop would not sell quote tobacco products, even though those are defined by the state. And allowing that is going to set a precedent that now any business can basically say, I want to pick and choose what I’m gonna sell and get away or skirt around zoning laws,” said Paige. “My concern was that rather than an appeal be filed and public be able to give their input and concerns about a change in a designation or change in use in a planned development, these decisions were made out of public view. And I feel like we have not been given a fair chance, or that was not due process,” she added.
Paige took it upon herself to file an appeal with the Charleston County Board of Appeals (BZA), which is why there will be a public hearing on the matter Monday afternoon.
“We expressed our concerns that they defined vape shops as tobacconists, as did the state and the FDA and other local and governing authorities. However, it appears that those arguments were ignored in favor of allowing a business to be used here that shouldn’t be,” said Paige.
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She also says documents she requested through the Freedom of Information Act (FOIA) show county officials acknowledging that vape shops as tobacconists.
And Paige isn’t the only resident that shared their concerns on the matter. Rebecca Hyleman emphasized one of Paige’s earlier sentiments saying, “This is about zoning, it’s about intention and public good.”
Ross Appel, the attorney representing Hunt Club Medical, LLC, the landlord of the shopping center, sent a statement that reads,
“Our tenant
News 4 did reach out to Charleston County and the BZA. Charleston County said because this is still going through the appeals process, they cannot comment at this time. News 4 is still waiting to hear back from the BZA.
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If the BZA votes in favor of issuing the permit to the business, then there will be a new vape shop in the Hunt Club shopping center.
However, Paige says the community could still fight it in circuit court, which she says the community has a right to do because she feels this process did not go through the proper channels.
The public hearing starts at 4 p.m. Monday afternoon in North Charleston at Charleston County Chambers.
The period to submit a public comment ended on Friday, May 30, however, residents are still able to attend in person.
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