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Commission defers waiver request for shared travelway near Marquis Road after staff raises safety and access questions
Summary
CEBS Custom Homes' request for waiver of shared travelway standards for a one‑lot subdivision was deferred after staff identified a 25-foot easement where 35 feet is required, a nonconforming tow yard on site and potential stormwater and DOT permit requirements.
Berkeley County Planning Commission on Aug. 26 deferred a waiver request from CEBS Custom Homes on behalf of Pedro Sanchez seeking relief from shared travelway requirements in sections 59-45A1 and 59-45B2 of the county’s land development regulations for a proposed one-lot subdivision off Marquis (Markey/Marquis) Road in the Ladson/Somerville area (County Council District 4).
Planning staff told commissioners that the existing ingress/egress easement serving the parcel measures about 25 feet but the shared-travelway standard requires a 35-foot easement and a turnaround. Staff also reported the parcel appears to host a nonconforming tow yard that shows up in historical imagery dating to 2011; staff said there is no record of authorizations for that use and that code enforcement has been notified. The site is inside an MS4 stormwater-regulated area, and staff flagged that earth-disturbing activity exceeding 0.5 acre would require technical stormwater review. Because the state-maintained Marquis Road (described in the packet as Markey Road in places) is the access, any encroachment or curb cut would also require an S.C. Department of Transportation permit.
Applicant Cesar De Souza, representing the builder, said the intent is to build a single-family home and that the team had attempted to obtain the required five feet from neighboring parcels to widen the easement but received no replies. He said he would approach the neighbors again and, if necessary, discuss relocating the apparent tow-yard use.
Commissioners raised safety concerns about the missing turnaround and the fact that two cars cannot currently pass on the existing dirt travelway. Staff recommended compelling compliance or removing the nonconforming use before authorizing new development unless remedies would resolve the nonconformity. Given outstanding questions about the easement width, lack of a turnaround, the tow-yard use and required DOT and stormwater approvals, commissioners voted to defer the item at the applicant’s request to allow the applicant to obtain an updated survey, address the tow-yard/code-enforcement issue, and demonstrate either sufficient access from Marquis Road or rights to widen the easement.
Planning staff told the commission they would coordinate with the applicant to obtain an updated plat and to document whether the new lot could be accessed from Marquis Road. The commission’s deferral preserved staff and the applicant’s ability to resolve the titled easement, turnaround and permitting questions before a later recommendation or decision.
