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Board recommends approval of side-yard setback variance for addition; 444 sq ft would encroach
Summary
The Dorchester County Board of Appeals voted to recommend approval of a variance permitting a residential addition that would place 444 square feet of new construction inside the required side-yard setback, with a condition to submit a swale plan.
Steven Witten, the applicant’s agent, sought a variance to permit a residential addition that would encroach into the required side-yard setback.
The applicant is proposing a 2,149-square-foot addition to an existing dwelling, and, as staff noted during the hearing, 444 square feet of that proposed addition would be inside the setback line. Witten described the proposed expansion as primarily to the southwest of the existing house in the West Haven Court subdivision off Suicide Bridge Road and said the plan would leave about a 10.5-foot setback at the closest point. Witten also said the neighbor has been notified and intends to submit a letter in support.
Susan, a planning staff member, told the board that only 444 square feet of the proposed addition would be over the setback. Board members asked about stormwater and roof runoff; Witten said the applicant expects to use roof discharge piping and possibly a swale on the applicant’s property or pipe to “grassed emitters” to carry water away. The board discussed the location of utility boxes and a nearby accessory building on the neighboring lot and noted existing topography in the area.
During deliberations, a board member proposed a favorable recommendation. The motion was amended to include a condition that the applicant submit a swale plan (described in the record as a stipulation that “he submit the swale”), and the amendment and recommendation were approved by voice vote. The board did not record individual roll-call votes in the transcript; the motion passed on an affirmative voice vote of “Aye.”
County staff referenced the county code’s allowance that accessory buildings may be allowed as close as 6 feet to property lines when comparing the proposed encroachment to accessory-building standards. The board discussed whether the portion of the addition that crosses the setback would be used as an attached garage or living space; Witten said the portion in front would function like an attached garage and a connecting living space behind it.
The board’s recommendation is advisory; any final permit or permit conditions remain subject to the county’s permitting process, building code requirements and any health or environmental approvals that may apply.
The board moved to the next agenda item after the vote.
