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Board grants floodplain variance for access at 2407 Liberty Grove Road with hold-harmless condition
Summary
A variance to allow existing gravel driveway access that crosses future-condition floodplain to serve a new home was approved 3-1 after the board required a county hold-harmless/indemnification agreement signed before occupancy.
The Cherokee County board granted a variance allowing a property owner to use an existing gravel driveway that crosses future-condition floodplain as access to a new residence at 2407 Liberty Grove Road, with a condition that the owner sign a waiver of liability, release, indemnification and hold-harmless agreement in favor of Cherokee County before a certificate of occupancy is issued.
Planning staff summarized the county floodplain ordinance (adopted 05/07/2019) requiring the lowest floor and access to a residential structure to be at least three feet above the FEMA base flood elevation (BFE) or one foot above the future-conditions elevation, whichever is higher (Section 30-58A). Engineering reviewed the site and reported the existing driveway elevations generally range from 981 to 983; the BFE is about 989, so bringing the roadbed to meet the three-foot requirement would require significant grading, a no-rise study, compensatory mitigation and as-built certification.
Staff noted an approved lot grading plan showed an alternate access routed out of the floodplain, so engineering initially recommended against a variance. The applicant, through attorney Vincent Chambers and supporters, said the green alternate easement shown on a revised survey was added at the surveyors suggestion and that raising the existing driveway would be prohibitively expensive and could create a dam effect that would alter flood behavior. Neighbors and supporters said the risk of flooding at the driveway was low relative to the cost of raising the road.
During deliberations, engineering said it could not confirm that granting the variance would not increase flood heights without a full study and recommended, if the board approved, that the county require a waiver of liability and a recorded agreement limiting county responsibility. The board amended a motion to condition approval on signing a waiver of liability, release, indemnification and hold harmless agreement in favor of Cherokee County prior to issuance of a certificate of occupancy. The final vote was 3-1 in favor with one member opposed.
Speakers: Vincent Chambers (applicant's representative/attorney), Garth Veil (neighbor in support), Dana (planning staff), county engineering representative; board members.
