Cherokee County board denies shared-access variance, approves sign and accessory-structure variances; two larger projects postponed

The Cherokee County Board of Zoning Appeals on Sept. 11 denied a variance request that would have allowed five lots to use a single 20-foot shared driveway instead of meeting the county's rural-subdivision road standards, approved several accessory-structure and signage variances, and postponed two larger development items to the Nov. 13 meeting.

Madam Chair opened the meeting by noting there were four members present and that "in the event of a tie vote, the variance is considered to be denied," a procedural point the board repeated during consideration of several items.

The board voted 4-0 to deny case 250953V, an application by applicant Walt Linscott asking to treat a 20-foot shared easement as the primary access for five lots off Sparen Road and to waive multiple development-standards in Articles 4 and 5 of the Cherokee County development regulations. Planning staff told the board the minor-subdivision plat had originally shown individual 20-foot access easements for each lot and that the county's rural-subdivision rules require a 60-foot shared-access easement built to county standards. The staff report and applicant materials said the owners preferred a single, narrower shared driveway to limit earth disturbance and preserve trees and stream buffers along Cahn's Creek and Collins Creek, and the applicant noted an existing gravel driveway on the site has existed for more than 50 years. The board's motion to deny was made by Mr. Ragsdale and seconded by Ms. Stoss; the motion carried 4-0.

Votes at a glance

- 250953V (Walt Linscott) — Request: Allow five lots to be served by a 20-foot shared easement in lieu of a 60-foot rural subdivision private street and to waive construction standards. Outcome: Denied. Motion to deny by Mr. Ragsdale; seconded by Ms. Stoss. Vote: 4-0.

- 2059054B (tenant Matthew Bridal / property owner identified in staff report) — Request: Variance to allow a second freestanding/monument-style sign at 6411 Holly Springs Parkway (approx. 8 feet tall, 80 sq ft). Outcome: Approved. Motion passed 4-0.

- 2509055V (Chick-fil-A signage at 1130 Highway 92) — Request: Multiple sign variances, including additional wall signs and an unadvertised wall sign area. Outcome: Postponed to Nov. 13 at applicant's request (board vote to postpone: 4-0).

- 2509056B (Matthew Washabaugh / 5284 E. Cherokee Drive) — Request: Reduce setback for animal quarters from 75 feet to 38 feet for an existing run-in shed (approx. 400 sq ft). Outcome: Approved (motion language limited approval to existing structure with no rebuilding or enlargement). Motion passed 4-0.

- 2509057B (Lake Arrowhead Communities LLC / Parks Hough) — Request: Reduce platted building setbacks from 25 to 12 feet and allow sidewalk on only one side while reconfiguring 29 lots to 48 lots; received multiple letters of opposition and public attendance. Outcome: Postponed to Nov. 13 (board vote to postpone: 3-1; Ms. Tressler opposed).

- 2509058V (Cody Smith / 2080 Lower Union Hill Road) — Request: Allow an existing 30-foot easement (recorded in 1986) to serve one additional lot (subdivide a 6.64-acre parcel). Outcome: Approved 4-0.

- 2509059V (Trevor and Michaela Moyer) — Request: Variance to place an accessory metal structure 14 feet from the front property line where the access easement defines the front; request for material-compatibility variance. Outcome: Approved 4-0; board conditioned approval to the existing structure with no improvements/rebuilding.

- 250960V (Eric and Barbara Hackstrom / 1020 Arnold Mill Road) — Request: Allow an accessory storage building closer to the front lot line than the primary dwelling on a parcel served by a 20-foot access easement. Outcome: Approved 4-0.

What the board emphasized and why it matters

The denied Linscott request (250953V) highlighted the board's concern over longer-term maintenance and future public acceptance of private drives. Planning staff and transportation comments in the record noted that a narrower, nonstandard shared driveway could prevent the county from accepting the road for future maintenance; fire-code comments also called for all-weather surfaces capable of supporting 75,000 pounds, a minimum 20-foot clear width, and a turnaround if the private drive exceeds 150 feet. During discussion, board members said they worried that allowing the narrower shared access would create complications if later owners petitioned the county to take the road into maintenance.

Several approved items involved structures already in place. For example, the washabaugh barn/run-in (2509056B) was recorded on an earlier plat and the applicant told the board the shelter has been present since about 2012; the board conditioned approval to allow the existing structure to remain without permitting enlargement. Similarly, the Moyer and Hackstrom accessory-structure approvals recognized physical site constraints created by access easements, drive placement and septic fields; applicants said there are limited alternative building locations due to topography and existing infrastructure.

Public engagement and postponements

Two larger items drew public attention and were postponed. Chick-fil-A's request for multiple signage variances (2509055V) included a variance not advertised in the initial legal notice; the applicant asked to postpone to Nov. 13 so the advertisement could be corrected and the full set of variances considered together. The Lake Arrowhead recombination and setback/sidewalk variances (2509057B) prompted numerous community members to attend; the applicant asked for more time to meet with the homeowners association and address covenant and planning concerns. The board voted to postpone that item to allow additional community dialogue.

Staff guidance and conditions

For approvals that deviate from typical construction standards, staff emphasized recording covenants that allocate maintenance responsibilities among property owners. For approvals affecting fire and stormwater requirements, staff told the board that compliance with applicable permits, LDP (land-disturbance permit) triggers, and stormwater conveyance/detention remain review items if site disturbance meets review thresholds. For the Linscott case, staff noted the county's development regulations and Article 5 naming and construction standards for private streets would have to be varied for the requested outcome.

What's next

Postponed items will return to the board on Nov. 13 with updated notices and, in the case of Lake Arrowhead, after additional community meetings. Approved variances that were conditioned to "existing structure only" or to recorded covenants will proceed through permitting with the conditions identified by the board and staff; details such as recorded covenants, turnaround locations, and any hydrant requirements will be captured during permit reviews.

Ending

The board adjourned after taking the listed actions and noting there are no cases scheduled for October; staff said the new board member will attend in November. The meeting record and staff reports contain the full technical tables and maps cited by staff for each case.