Commission approves Nelson View home and 450‑sq‑ft pool over objections from neighbors

The Charleston County Historic Preservation Commission on Feb. 19 approved a certificate of historic appropriateness, 4–2, for the construction of a two‑story single‑family dwelling with attached garage and a 450‑square‑foot in‑ground pool at 3910 Nelson View Drive in the 10 Mile Community Historic District.

Monica Eustace, a county planner, told the commission the applicant proposes a 2,823‑square‑foot, two‑story home with a 450‑square‑foot pool on a vacant lot (TMS 614‑00‑00‑1893910). Eustace said the property is zoned Special Management S‑3, has a future land‑use designation of urban/suburban cultural community protection and is in the X flood zone. Eustace reported the applicant answered the applicable approval criteria and staff recommended approval. She said the county received two comments in opposition and two general comments related to the request.

"Based on the applicant's responses, we believe approval criteria, therefore, staff recommends approval," Eustace said.

Michael Rook, speaking on behalf of the property owner (identified in the record as the Butcher family), said the pool is medically necessary for the owner's son. "He was born with 1 leg smaller than the other and cannot do normal physical physical activities like running or riding a bike. For that reason, he swims daily to keep up the strength and flexibility for his bad leg," Rook said. Rook said the pool would be 450 square feet and account for about 1% of the lot's impervious coverage; he also said the home's heated square footage would be 2,743, not the larger figure that appears on some plan options. Rook said the septic system was designed by civil engineer Kevin Coffey and that tying into Mount Pleasant wastewater would have required a grinder pump and more than 700 feet of new connection, so sewer connection was not feasible.

Opponents and some commissioners raised concerns about precedent, flooding and the character of the 10 Mile community. Commissioner Johnson said she could not support approval with the pool because, in her view, pools are not characteristic of this part of 10 Mile and approving one could change community character. Commissioner Gardner also voted against approval. Commissioners Brent Halverson, Michael German, Amy Gerard and Chair Melanie Millar voted in favor.

Commission discussion repeatedly returned to the commission's role: Jessica staff and Joel Evans, director of zoning and planning, noted the commission reviews compatibility with historic character rather than zoning uses. Evans said zoning determines permitted uses while the commission's remit is architectural and site compatibility. "The zoning of the property dictates the use of the property. ... What this commission does is talk about the architectural character of the property," Evans said. Several commissioners said pools exist elsewhere in the historic district but that few are in this neighborhood; others said the pool would not be visible from the public right of way and that the applicant was below the impervious coverage threshold staff cited.

An attempt to amend the approval to require a pervious driveway or to remove the pool was discussed but not adopted; the main motion to approve the application as submitted ultimately passed 4–2. The commission recorded the decision as final; the decision may be appealed to the Circuit Court of Charleston County within 30 calendar days.

The project will proceed to the standard permitting stage, including any required septic, stormwater and building permits; the applicant indicated willingness to use permeable pavers around the pool and to consider changes to the driveway if required by later permitting.