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Board of Zoning Appeals approves reduced scenic-corridor buffer for Kittiwake Drive subdivision

2747666 · March 18, 2025
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Summary

The Lexington County Board of Zoning Appeals approved a variance to reduce a required 50-foot scenic-corridor buffer to 30 feet for a proposed subdivision on Kittiwake Drive, finding the applicant met the four legal criteria for a variance.

LEXINGTON COUNTY — The Lexington County Board of Zoning Appeals voted to approve a variance reducing the scenic-corridor buffer from 50 feet to 30 feet for a proposed subdivision on Kittiwake Drive in Council District 4.

Derek Duplak, landscape administrator for Lexington County, introduced the request, identified on the agenda as Landscape Variance 01-25 and filed by Paul Michaud of Cross Engineering Services, and outlined the ordinance language the board considered. "Section 4 open space requirements 4.1.5 scenic corridors" requires at least the first 50 feet from the road right of way be designated as open space, Duplak said, but the ordinance allows limited development and provides criteria for variance relief.

Paul Michaud, the applicant’s engineer, told the board the site’s steep topography and grade changes make meeting the 50-foot buffer impracticable while meeting county roadway design standards. "There’s over 55 feet of fall from the front property line to the rear over a distance of only 280 feet, almost a 20% grade," Michaud said, saying the 50-foot buffer would push all buildable area into slopes exceeding the county maximums and would require road grades and landing areas that cannot be constructed to county standards. Michaud said the design shifts the compensated open space to the rear of lots and aligns the front building line with existing homes across the street.

A board member moved to approve the variance, saying the applicant had met the four legal criteria for relief; another board member seconded the motion. When the board voted, Charles Kaufman, Debbie Heim, Kevin Eubanks, Bruce Inesini and Travis Spainhower all voted in favor and the motion passed.

Duplak reminded the board that staff takes no position recommending approval or denial and that the variance request must stand on its own merits. The applicant and staff noted the variance was being sought before formal permitting so the subdivision layout could be completed in the approved configuration.

The approval authorizes the county to accept a 30-foot scenic-corridor buffer instead of the ordinance’s 50-foot standard for the parcel identified by TMS number 5590-74-15. The development still must meet applicable permitting and road-construction standards before lots are recorded or occupied.

The board proceeded to the next agenda item after the vote.