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Board grants variance to Strobel scrapyard to waive landscape buffers after owners cite capped landfill

3662415 · June 3, 2025
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Summary

Board approved variances to waive an 8-foot perimeter buffer and a 40-foot Type F land-use buffer for an operating salvage yard on Stokes Avenue, citing a capped landfill and remediation concerns raised by the owner.

The Charleston County Board of Zoning Appeals granted two variances on June 3 allowing Strobel B & D Scrapyard at 1951 Stokes Avenue to continue operations without the code-required 8-foot vehicular perimeter buffer and the 40-foot Type F land-use buffer adjacent to residential properties.

Applicant Ross Appel, representing Strobel B & D, told the board the 5.42-acre site has been a salvage yard since 1984 and sits atop a former landfill that was later capped. Appel and the scrapyard owner, Sean Strobel, argued that installing the full required landscape buffers would require disturbing the landfill cap, potentially creating environmental risks; the owners also said they have undertaken cleanup and screening measures along the property line, removed unpermitted structures, improved fencing and vegetation, and negotiated a written agreement with a neighboring landfill operator to avoid encroachment into the narrow buffer area.

Neighbors and a nearby resident who spoke at the hearing expressed concern about safety and the site A long-term neighbor, Ricky Catino, said he was worried about possible contamination stemming from the landfilland asked whether DHEC had ever required formal closure procedures for the capped site. Barry Whalen, a technical professional brought by the applicant, said the site did not appear on DHEC pollution maps and described the capping as historically common in the county. Appel told the board the applicant has already removed unpermitted structures and improved border vegetation and fencing and offered a written condition to maintain the buffer area and refrain from placing containers or materials in the narrow 8-foot strip.

Board deliberations focused on the variance criteria: members found extraordinary and unique site conditions (the capped landfill, historic use since 1984), concluded strict application of the ordinance would unreasonably limit remediation and redevelopment, and determined the relief would not substantially harm adjacent properties because the owner had voluntarily cleaned and screened the boundary and agreed to a written commitment with the adjoining property owner. The board attached the staff-recommended condition that the site plan review be completed prior to zoning permit approval, and the owner's written agreement with the neighbor was incorporated into the approval. The motion to approve passed unanimously.

Why it matters: The decision allows an established industrial use to continue while acknowledging environmental and site constraints that complicate full compliance with contemporary landscape buffer standards. The board's order requires the owner to complete site plan review and formalize written protections for neighbors.

Speakers: Ross Appel, attorney for Strobel B & D (applicant); Sean Strobel, owner/operator (business); Barry Whalen, technical professional/engineer (consultant); Ricky Catino, nearby resident (opponent); board members including Trueslow and Veil (Board of Zoning Appeals).

Authorities cited: Charleston County Zoning and Land Development Regulations (variance criteria, section 3.100.6); South Carolina Code (citation referenced by staff for BZA authorities during agenda announcements).

Actions: Board motion to approve variance to waive an 8-foot vehicular-perimeter buffer and a 40-foot Type F buffer for the salvage yard (motion passed unanimously). Conditions: complete site plan review prior to zoning permit approval; execution of neighbor agreement addressing activities in the immediate buffer area.

Provenance (excerpt): "...the property has been operating as a scrapyard since 1984... prior use as a landfill... turning soil would disturb the existing landfill and create a host of problems... we've agreed not to do anything in that 8 foot buffer zone... the bottom line of that agreement is we are agreeing not to do anything in that 8 foot buffer zone..."