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BZA denies pool and fence variances for Paradise Island lot, citing environmental and neighbor concerns
Summary
The board rejected a request to reduce critical line setbacks for a proposed swimming pool at 1478 West Deep Creek Overlook and denied a related variance for a fence into the critical buffer, after debate over environmental impacts and whether the pool was medically necessary.
The Charleston County Board of Zoning Appeals on Sept. 8 declined a variance to permit a swimming pool and deck within the county’s 50‑foot critical line setback at 1478 West Deep Creek Overlook in the Paradise Island subdivision, and later denied a separate variance to place a fence within the 35‑foot critical line buffer. Staff outlined the applicant’s proposal to site a roughly 15‑by‑30‑foot pool and associated deck and fencing on a 0.69‑acre lot where a newly constructed home is nearing completion. The applicant said the pool was requested, in part, as a reasonable accommodation to assist a homeowner’s spouse with limited mobility and medical therapy needs, and that alternative pool locations would have created larger encroachments. Board members and nearby residents raised environmental and drainage concerns. An adjacent property owner said substantial fill had been brought to the lot for house construction and reported increased water levels and dying trees on the neighbor’s side of the cove. Speakers urged preservation of the vegetated critical line buffer to allow marsh migration and to protect wetlands. Staff recommended mitigation measures if the board approved the encroachment, such as silt fencing during construction and stormwater mitigation measures like rain gardens. After extended discussion, one board member moved to approve only the pool setback variance; the motion failed on a roll call. The board then considered the separate variance to allow a fence within the 35‑foot buffer. Members noted that a pool could be fenced directly around the pool without encroaching into the buffer and that the choice to enclose yard space rather than the pool itself appeared discretionary. The board voted to deny the fence variance; that motion passed unanimously. The denials mean the applicant must either redesign the pool and fence to avoid encroachment or pursue other options, such as changing the pool footprint and returning to the board. Staff will mail the board’s decisions to the applicant and interested parties within 10 business days.
