Oconee County zoning board approves three variances, tables one

The Oconee County Board of Zoning Appeals voted Jan. 27 to approve three variance requests and tabled a fourth that lacked a representative.

The approvals included relief for two retaining walls and a rebuild after storm damage; the board unanimously approved each application after staff and applicants presented materials and answered questions. A separate front-setback request was tabled because no applicant appeared.

Why it matters: Variances change how county setback and overlay rules apply to specific parcels and can affect neighboring properties, shoreline management and homeowners’ ability to rebuild after storm damage.

The board opened the night’s hearings by describing procedures: applicants would have about five minutes to present, a public comment period would follow, and applicants would have rebuttal time before voting. Staff described application VA240000022 as a request from Kenneth Ruth to replace a damaged retaining wall that exceeded 50 percent damage in a lake overlay at 435 Cane Creek Landing, Seneca (TMS 1930501008). Ruth said he was replacing old railroad ties with a new retaining wall and had received permission from Duke Energy to restore steps and the shoreline access. Staff told the board the wall had been damaged beyond 50 percent and that Duke Energy had provided permits to replace it in kind with concrete masonry unit (CMU) material. The board answered four required findings in sequence and recorded unanimous affirmative votes; the chair then called for approval of the variance and the board moved to approve it.

The board next considered VA240000023, a front-setback variance for a concrete retaining wall at 242 Bayview Drive in Salem (TMS 0560202024). The applicant (listed in the packet as “Bridal LeClaire, owner/builder/designer”) said the retaining wall was installed while grading to create flat, usable yard space and that county setback requirements were not known to the builder at the time. The applicant said the work was inspected during house construction and that the homeowners’ association president had been notified and provided a letter of support. Staff noted a 16½-foot retaining wall on site and led the board through the required findings; the motions to find extraordinary conditions, to find those conditions unique to the parcel, and to determine no substantial detriment to adjacent uses passed unanimously, and the board approved the variance based on the evidence presented.

The board opened VA240000024 for a 22-foot front-setback variance at 2026 Sandifer Boulevard (TMS 2520001005) requested by Wyatt Fulbright of Richland Creek to allow a new property line between an existing storage building and an existing shop building. No representative appeared for that application; a board member moved to table it, and the motion to table carried.

Finally, the board heard VA240000025 from Robert Burley of Burley Lake House LLC seeking a 9½-foot rear-setback variance to rebuild an addition after hurricane damage at 870 Carty Road, Seneca (TMS 2700003012). The applicant walked the board through sketches, a plat showing the U.S. Army Corps of Engineers’ “core of engineer” line, and photos of storm damage. The applicant asked to rebuild a corner of the house to within about 6 inches of the Corps’ line; neighbors provided emails of no objection in the packet. Jerry DeBose, speaking as a representative of the property owners association, told the board that the subdivision’s recorded covenants intentionally allowed lots to build up to the Corps line and that the subdivision restrictions did not impose a rear setback to the Corps line, citing a recorded restriction (Book 1248, page 287) in the association’s packet. County staff clarified that county setback standards still apply generally (front 15 feet, rear 25 feet, side 5 feet on typical parcels) and noted older lots on Lake Hartwell historically built up to the Corps line. The board found in the affirmative on the required findings and unanimously approved the requested variance.

Votes at a glance

• VA240000022 (Kenneth Ruth) — variance to replace a retaining wall in the lake overlay at 435 Cane Creek Landing (TMS 1930501008). Outcome: approved (board recorded unanimous affirmative findings and approval). Motion and second recorded as present in the transcript; mover/second names not specified in the transcript.

• VA240000023 (Bridal LeClaire / owner-builder) — front-setback variance for concrete retaining wall at 242 Bayview Drive (TMS 0560202024). Outcome: approved (unanimous).

• VA240000024 (Wyatt Fulbright / Richland Creek) — front-setback variance for revised property line at 2026 Sandifer Boulevard (TMS 2520001005). Outcome: tabled (no representative present).

• VA240000025 (Robert Burley / Burley Lake House LLC) — 9½-foot rear-setback variance to rebuild after hurricane damage at 870 Carty Road (TMS 2700003012). Outcome: approved (unanimous). Applicant provided neighbor emails and a property-owners association representative spoke in support.

Board discussion and evidence focused on on-site damage, existing inspections, HOA/neighbor support, and the presence of Corps-of-Engineers shoreline boundaries. Where county setbacks were discussed, staff reminded the board of typical parcel setbacks but the board relied on the required four statutory-style findings for each variance request. For the application that was tabled, the board did not take evidence because no representative was present.

The board’s approvals were recorded as unanimous in the transcript; the record does not specify individual vote counts or the names of movers and seconders for each motion in the transcript excerpts.

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