Planning Commission approves Walton request to reconfigure Burkes Beach lots over staff objection

The Hilton Head Island Planning Commission voted to approve an application from Brandon Walton to reconfigure two lots in the Burkes Beach (Seaside) subdivision into three lots, despite a staff recommendation to deny the deviation.

Town planning staff had recommended denial after finding the proposal could reduce lot frontages below existing standards and would add vehicle trips that increase burdens on the subdivision's right of way. "Therefore, in this scenario, town staff is recommending denial," Trey (planning staff) told commissioners during the public hearing.

The applicant, Brandon Walton, told the commission he and his family are longtime Hilton Head Island residents and said the plan was intended to allow one additional single-family home rather than a large-scale development. "We really wanna do this for our family and then also have the opportunity to provide this experience that we've so, greatly enjoyed with others," Walton said.

Attorney Chester Williams, representing the Waltons, disputed the staff's framing. Williams argued the increase in daily trips from one additional single-family home is negligible compared with the street's capacity and that the subdivision's recorded plat did not equate to earlier governmental approval. "The question is whether that increase in traffic is detrimental to the expectations of the current owners in the lot of the in the subdivision," Williams said. "That is a minuscule increase that I don't think is detrimental."

Neighbors and other residents gave mixed testimony. Some cited flooding, parking and noise concerns and said the Property Owners Association had approved the change without full community input. "Several of the board members that approved that a year earlier spoke out against smaller lots and changes in house sizes and seems very, inconsistent to me on that basis," resident David Falkenstein said. Other residents and a representative of a local business argued the effect on traffic and capacity would be limited and urged approval.

Commissioners questioned whether the commission could place conditions tying future development to minimum 75-foot frontages or preventing short-term rentals. Curtis (town attorney) advised the commission that local land-management text for this review process does not clearly authorize approval "with conditions" that would limit future rental uses. Commissioners also discussed whether a modified application with 75-foot frontages could be returned quickly if denied.

After public comment and discussion, the commission voted to approve the deviation application (Sub 0011362024). The motion carried by voice vote with five commissioners indicating support; the meeting record does not list individual roll-call votes.

The applicant indicated willingness to consider adjusting the frontage configuration to three lots with 75, 75 and 76.124 feet instead of the plan shown to the commission. Town staff noted that if the applicant submits a different configuration, staff must review that new application before the commission may act again.

The commission opened the meeting earlier, handled other agenda items and then moved to the next agenda item on land-management ordinance amendments after the Walton decision.