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BZA pauses decision on Richardson Road right-of-way oak after legal counsel raises standing concerns
Summary
A variance request to remove a 40-inch coastal live oak in the Richardson Road county right-of-way was not voted on after the board's attorney said the applicant's standing to bring the request on behalf of the county was unclear. Applicant's representative said the tree blocks legal and emergency access to subdivided lots and that county staff directed them to file the variance.
CHARLESTON, S.C. — The Board of Zoning Appeals paused action on an application to remove a 40-inch DBH sand live oak standing in the Richardson Road county right-of-way after the board’s attorney advised the panel not to vote because it was unclear whether the applicant had authority (standing) to pursue the request on behalf of the county.
HH Action (applicant representative Katie Austin Heatherly) told the board the tree is on county property and currently blocks safe vehicular and emergency access to two rear lots that were platted in the 1990s; she read a letter from an affected property owner who asked the board to consider granting access. Heatherly said the county’s public-works staff had directed the applicant to file a variance because the tree is on county right-of-way.
During extended questioning, staff said the application may fail several approval criteria and flagged alternatives such as easements or different access options. The public submitted hundreds of letters in opposition (staff said 269 letters plus 6 added during the hearing). After an executive-session consultation with counsel, Board attorney Kelvin Hughey told the applicant: “there's a standing issue...it is not clear that you have that authority,” and advised the board not to vote until legal department guidance was obtained. The board closed the case to the public without taking a vote.
What’s next: Attorney Hughey said he will consult with the county legal department and contact the applicant; if the legal department confirms proper standing, the board will reschedule the hearing. The applicant and affected owners were told staff will submit the applicant’s correspondence to the record.
