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Council declines to approve variance that would have enabled roughly 9,000 sq. ft. of commercial space behind Boone Hall Market; motion fails
Summary
A request for a variance to reduce setback/buffer requirements — which proponents said would enable about 9,000 square feet of commercial development behind an existing market building — failed on a 4–5 vote after extended council debate over hardship, BZA determinations and the potential for later site plan submissions.
Charleston County Council on Tuesday declined to approve a variance request related to a commercial redevelopment proposal near Boone Hall Market, after a lengthy debate over whether the request represented an undue hardship or whether the applicant could pursue site plan review if denied.
Council members discussed whether the requested variance was a legitimate remedy or whether the applicant had alternatives. "If you buy a property knowing you can't do something unless you get the county council or zoning fields to change it, in my mind, that's not a hardship," one councilmember said during discussion. Staff and other councilmembers explained the property applicants had pursued relief from the Board of Zoning Appeals (BZA) and that the matter could proceed to circuit court on appeal if council did not approve a settlement.
Supporters of the variance argued that buffer requirements constrained the property's usable area and that a BZA determination and potential court appeal were part of the process. Opponents said approving the variance would allow additional commercialization and traffic in an already congested area and could encourage similar development pressures.
When the council held a roll call vote, the motion to grant the variance failed by the tally announced at the meeting: 4 ayes and 5 nays. Council members discussed that, if the council declined, the applicant could still seek relief through the courts or submit a new site plan that might produce a different outcome.
No amendment to the variance motion was recorded on the record prior to the vote.
