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Board of Zoning Appeals weighs controversial short term rental request

September 13, 2024 | Charleston County, South Carolina


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Board of Zoning Appeals weighs controversial short term rental request
The Board of Zoning Appeals (BZA) convened for a public hearing on August 26, 2024, to address several zoning-related cases, including a significant request for a special exception to establish a short-term rental in a residential area of James Island, Charleston County.

Chairman Ross Nelson opened the meeting, confirming compliance with the Freedom of Information Act and outlining the procedural framework for the evening. The board consists of members Truslow, Marchant, Sadel, Neal, and Williams, with attorney Kelvin Hughey present to provide legal guidance.

The primary case discussed was BZA 062400790, where applicant Christian sought permission to operate an extended home rental at 1545 Oak Island Drive. This request follows a previous denial in June 2023, where the board found that the application did not meet the necessary criteria for a special exception. The applicant has since held a limited permit for a year and is now seeking an extended permit.

Staff reports indicated that the property, which includes a five-bedroom single-family residence, may meet the criteria for the special exception. However, the board noted significant community opposition, with 29 letters and a petition of 70 signatures against the proposal. Board members raised questions regarding the presence of other short-term rentals in the area, confirming only one permitted rental exists in the neighborhood.

The board's deliberation highlighted concerns about the impact of short-term rentals on residential communities, emphasizing the need for compliance with local zoning regulations. The BZA has the authority to approve, deny, or impose conditions on the application, with a simple majority required for any decision.

The final decision regarding the special exception will be communicated to the applicant and interested parties within ten working days following the hearing. Variances and special exceptions granted are valid for 12 months, with the possibility of a one-year extension if development is actively pursued. If denied, the applicant retains the right to appeal the decision to the circuit court within 30 days.

The meeting underscored the BZA's role as a quasi-judicial body in managing zoning appeals and the importance of community input in the decision-making process.

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