BZA grants Hapke setback variance to place house closer to private right-of-way

Lancaster County—s Board of Zoning Appeals approved a variance reducing the required setback from the ordinance standard of 75 feet from the center line of the road right-of-way to a 50-foot setback for Ronald and Heidi Hapke, owners of a Tidewater Point Lane parcel. The variance permits construction of a primary dwelling and a pole barn closer to the private right-of-way than the ordinance normally allows.

Applicant Ronald Hapke described the lot as 2.4 acres cut from a larger parcel and said the right-of-way bisects the lot; he said his deed describes a 50-foot right-of-way and he expected the same space to be available for building. "When I bought it I had an understanding that there was an easement through my property 50 foot...and I lose, you know, a lot of property that way," Hapke told the board. He said his planned house is about 85 feet long and would not fit under the 75-foot setback requirement in the ordinance, and that the neighbor who shares access, Dr. Strayer, does not object to the variance.

Planning staff explained the right-of-way in question was created by plat and extended by agreement to serve adjacent properties; staff and the applicant noted the right-of-way functions as a private shared driveway for the Hapke parcel and a neighbor. The applicant also told the board the property fronts tidal waters and contains a Resource Protection Area (RPA), and that siting the house nearer the right-of-way would help keep the primary dwelling and drain fields outside environmentally sensitive areas. The applicant said relocation or abandonment of the easement had been explored but was not viable or cost-effective; he said counsel advised the variance was the most practical remedy.

Board members asked whether a grant would bind future owners; staff clarified a variance attaches to the property, not the owner, and that the 50-foot figure on the applicant—s deed describes the right-of-way width rather than the county setback. After brief discussion the board voted to grant the variance.

Why it matters: The approval reduces the effective building setback for a water-front lot bisected by a private right-of-way and allows the applicant to site the house and accessory structure where drainage, topography and RPA concerns make alternative locations difficult. The decision addresses interplay of private easements and county setback rules for waterfront parcels.

The transcript records approval; no numeric roll-call appears in the provided excerpt.