Board allows home-based physical therapy in Forest Bluff with limits on clients, signage and parking

The North Augusta Board of Zoning Appeals on March 4 granted application ZE25-002, allowing Steadfast Performance Rehab LLC to operate a home-based physical therapy business at 735 Enslow Drive, subject to limits intended to reduce traffic and preserve the residential character of the neighborhood.

The special exception, filed by applicant Eric Bateykiefer, includes these stipulations: no more than three on-site clients per day; only one client on-site at any time; no on-street parking associated with the business; no retail sales from the residence; and no signage. Staff and the board cited the North Augusta Development Code criteria for home occupations and special exceptions in their decision.

Bateykiefer told the board his intent is to run a “hybrid” physical-therapy practice that combines virtual care, occasional off-site clinics, and limited in-home visits. "My goal is to start a hybrid physical therapy company from my home ... I would potentially see a maximum of 3 patients per day," Bateykiefer said. He said most client contacts would be virtual or off-site and that, by design, in-person appointments would be by scheduled appointment only.

Multiple neighbors spoke in opposition or concern, citing traffic and covenant restrictions. Resident Doug Melton told the board the development’s prior traffic study accounted only for residential trips and did not consider business traffic; he asserted that community covenants (recorded at Aiken County, Book 5101, Section 7.2, per his statement) prohibit trade or business activities that involve persons coming into the community. "The board must deny any special exemption that would increase traffic through the neighborhood," Melton said.

Resident Wendy Jacobs said Forest Bluff and adjacent Norwood are family-oriented subdivisions and urged the board to preserve the neighborhood as residential. "To open the door to allow a residential home to now become a business is a disservice to the current residents in this neighborhood," Jacobs said.

Planning staff told the board it had received several e-mails and a statement from the homeowners-association contact, Jennifer Hall, and that Hall’s emailed comment indicated the proposed home business “would not appear to violate any of the community covenants as outlined in section 7.2 of the governing documents.” Staff also advised that enforcement of private covenants is a private matter and not within the city’s jurisdiction. "The city is not involved in the enforcement of covenant restrictions," staff said.

Board members discussed traffic, parking and hours and added the conditions described above; the board noted that denying the application on the basis that it would materially endanger public health, safety, or welfare would require explicit findings tied to that standard in the code. A motion granting the special exception with the stated conditions was seconded and approved by the members present.

The permit will be issued subject to the board’s conditions; staff said it would treat the restrictions (client limits, no on-street parking, no signage, no retail sales) as part of the special-exception approval and incorporate them into the permit documentation.