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Commission accepts consent to defer shared‑travelway waiver after staff flags access and nonconforming use issues
Summary
A request to waive shared‑travelway standards for a one‑lot subdivision on a 25‑foot easement was deferred after staff identified inadequate easement width, no turnaround and a nonconforming tow yard on the site; applicant consented to gather an updated survey and address the issues.
LADSON/SUMMERVILLE VICINITY, S.C. — Berkeley County planning staff asked the commission to defer action on a waiver request from CEBS Custom Homes and applicant Pedro Sanchez after staff reported the proposed lot does not appear legally or physically served by the existing 25‑foot easement and a nonconforming tow yard occupies the parcel.
Staff presentation noted the shared‑travelway standard calls for a 35‑foot easement with a turnaround; the recorded easement on the parcel measures 25 feet and the current dirt travelway does not safely accommodate two cars without meandering off the dedicated path. Staff also said the parcel lies inside an MS4 stormwater regulated area and that any disturbance over 0.5 acre would trigger technical stormwater review; SC DOT encroachment permits would be required for connections to Markey Road.
Applicant Cesar De Souza told the commission his team attempted to buy additional easement width from neighbors and had sent mail with no response. De Souza acknowledged the tow yard may be a complicating factor and said he could approach the owner to remove the equipment if necessary to achieve approval.
Commissioners asked for an updated survey showing legal access, clarification about whether the tow yard could be resolved and whether a 50‑foot access existed from Marquis/Markey Road that could serve the new lot. The applicant consented to a deferral to allow staff and the applicant to coordinate on survey updates, access confirmation and code enforcement follow‑up regarding the nonconforming use.
Outcome: The board accepted consent for deferral; staff said code enforcement would follow up on observed violations and that the applicant must provide an updated plat showing access and any required easement adjustments before the commission could act on the waiver.
Quote: “The new lot does not appear to be legally or physically served by the access via the 25 foot easement or Markey Road,” staff told the commission. Applicant Cesar De Souza said, “We could contact either or to buy 5 feet from both properties… we sent a mail and no responded whatsoever.”
