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BZA approves variance for James Island lot allowing removal of two large oak trees
Summary
The Charleston County Board of Zoning and Appeals unanimously approved a variance allowing the removal of two grand trees on a heavily wooded James Island lot so a single-family house can be built; the applicant must follow mitigation and tree-protection conditions.
A variance allowing the removal of two grand trees on a James Island lot to make way for a proposed single-family home was unanimously approved by the Charleston County Board of Zoning and Appeals on April 7.
The variance lets applicant Jay Marshall Milligan (Tiger Double LLC) remove two grand trees — a 24-inch red maple and a live oak measured at about 24–28 inches diameter at breast height — on a 0.71-acre vacant parcel at 311 Papa Charlie Way. Milligan told the board his builder revised multiple house footprints in an effort to preserve trees but that none of the smaller plans would avoid impacting those two trees.
Board staff presented the revised plan showing the applicant preserved a 32-inch Darlington oak and several other grand trees while asking to remove the two highlighted trees. Staff recommended the board could approve the variance subject to mitigation: (1) submit and implement a mitigation plan or deposit funds to the Charleston County Tree Fund equal to inch-for-inch replacement per Section 9.2.6 of the Charleston County Zoning and Land Development Regulations Ordinance; (2) install chain-link tree barricades around protected trees within 40 feet of disturbance; and (3) retain a certified arborist to monitor trees within 40 feet of disturbance during construction.
“We went back to the drawing board from the first hearing,” applicant Marshall Milligan said, describing efforts to move the driveway and house location to preserve a larger oak and reduce the number of trees requested for removal from earlier submittals. Milligan said the property was purchased in 2023 and that the house footprint in the current filing is about 2,500 square feet.
In discussion, board members repeatedly noted the applicant reduced his original request and credited staff work that resulted in preserving more trees. A motion to approve the variance was made and seconded; the board voted unanimously to grant the request with the three staff-recommended conditions. Staff told the applicant the BZA’s final decision will be mailed within 10 working days and that approved variances are valid for 12 months, with a one-year extension possible if construction is diligently pursued.
The applicant must obtain any required permits and implement the mitigation and tree-protection measures before removal or construction proceeds.
The decision was recorded as a final action by the Board of Zoning and Appeals.
