BZA grants setback variance for unpermitted garage and shed on Habitat Boulevard

The Charleston County Board of Zoning Appeals approved a variance allowing existing detached accessory structures — a 24.2-by-24.2-foot garage and a roughly 10.3-by-10.3-foot shed — to remain where they sit at 3329 Habitat Boulevard on Johns Island despite not meeting current setback requirements.

Staff said the 0.3-acre property is a legal nonconforming lot (12,960 square feet versus the 30,000-square-foot minimum for the AGR zoning district) and that the existing single-family home (built in 1982) already limits the available buildable area. The applicant, Manuel Montes, acquired the property from Sea Island Habitat for Humanity in March 1996; historical aerial photos indicate the shed appears by 2009 and the larger garage by 2019. The garage triggered county attention because it was unpermitted.

Staff recommended approval with conditions that the owner obtain all required zoning and building permits for the previously unpermitted garage and that the structures not be used as accessory dwelling units (ADUs). The applicant told the board he uses the garage and shed for family storage and said he is prepared to obtain permits and to make modifications to the garage (for example, removing walls) if required.

A board member cited the small building envelope (roughly 90 feet by 28 feet) and testimony from an adjacent property owner who said she had no issues with the structures. The board voted unanimously to approve the variance and included the staff-recommended conditions.

Why it matters: the decision recognizes long-standing, on-the-ground structures on a legal nonconforming lot while requiring the owner to bring the unpermitted work into compliance through the building and zoning permit process and preventing new residential uses of the structures as ADUs.

The county will follow up with permit guidance to the owner; the board’s written order and the staff report are part of the public record.