The Chatham County Board of Commissioners on Thursday denied a variance request to allow finished rooms and other unpermitted work at a short-term rental property at 22 Lake Drive.
The homeowners' representative, attorney Mike Vakwer, told the board the current owners purchased the property in July 2022 and were unaware a nonconversion agreement tied to the lot predated that sale. Vakwer said a notice of violation was issued Nov. 4, 2024, and the owners now propose a mitigation plan and limited dry-floodproofing to keep some of the existing downstairs improvements while working with county engineering.
County Engineer Suzanne Cooler told commissioners the property originally complied when built but that a nonconversion agreement was filed in 2019 and subsequent unpermitted work left the downstairs finished and air-conditioned, which the Flood Damage Prevention Ordinance does not allow. Cooler said federal guidance and the county ordinance prohibit finished rooms on the bottom floor of residential structures in the floodplain and that allowing the request would risk the county's flood program certification and the collective insurance savings of policyholders.
Commissioners discussed neighbor complaints, septic-system strain tied to increased bedroom counts, and the general increase in short-term rental conversions in residential neighborhoods. Several commissioners invoked a "buyer-beware" rationale and emphasized that permitting, title searches and disclosures should have identified the nonconversion restriction.
The motion on the floor, to deny the variance request and follow staff recommendation, was approved by the board. County staff said the property has been removed from short-term rental listings pending resolution.
What the vote means: The denial requires the owners to work through county processes to return the property to compliance, pursue any required removals, or pursue other remedies outside the commission if they choose. County staff said the property owner can return later with a plan to bring the structure into compliance, but the existing request was denied.
Remarks at the meeting stressed enforcement consistency: Cooler said the county previously required removal of noncompliant finished spaces in other cases and asked the board to apply the same standard here to avoid jeopardizing the county's NFIP standing.
The board formally recorded the action and then moved on with the agenda.
Ending note: County staff told commissioners they are preparing stronger regulatory and enforcement efforts on short-term rentals, including potential staffing increases in Building Safety and Regulatory Services to handle complaints and inspections.