Berkeley County BZA grants three variances, agrees to draft rule changes for officer selection

The Berkeley County Board of Zoning Appeals approved three variances and directed staff to draft rule changes for the board’s nominating and officer-appointment procedures at its November meeting.

The board’s chair opened the session and handled routine business before hearing three variance requests. The first, TMS 025-00-05-036, was from Terry Truesdale, who said she bought a triangular property at 1735 Highway 35 in Russellville "mostly so we could keep the post office open in Russellville." Truesdale told the board she was concerned that required plantings or fencing along the post office parking area would block postal vehicles and jeopardize access.

Board members and staff discussed buffer-yard requirements and reduction options. Staff explained that some buffer yards may be reduced with an opaque fence (for example, a 25-foot Type A buffer can be reduced to 12.5 feet with a fence and existing vegetation may count toward buffer requirements). After questions from the board, the motion to grant the variance was made by Mr. Mills, seconded by Mr. Mello, and approved by voice vote.

The board then considered TMS 180-14-02-006, a variance request from Jason Smith (listed address 112 Karr Sprint Road, West Corner) to build an open metal-frame shelter for personal equipment. Smith said the structure would not have power and would store a camper, boat and lawn equipment. Miss Burbage moved to approve the variance, Mr. Sires seconded, and the board approved the motion by voice vote.

The third request, listed on the agenda as TMS 233-02-10-051 (agenda name: Donna Lopez), was presented by Dina Lopez of 104 Glendale Court, Somerville. Lopez, who was sworn in for testimony, and her brother Juan Rodriguez explained that the irregular lot shape of her cul-de-sac property causes the planned room addition to encroach on front and rear setbacks; staff clarified the setback dimensions at the hearing. Mr. Shire moved to grant the variance, Mr. Mills seconded, and the board approved the motion by voice vote.

After the votes, staff member Allison reviewed housekeeping proposals to align portions of the BZA rules with the Planning Commission. She suggested formalizing a three-person nominating committee and moving officer selection earlier in the year so newly seated members can participate. Allison also recommended adding electronic-participation language and allowing the vice chair to preside periodically as a training opportunity. The board discussed timing concerns — some members worried that selecting officers before new members are confirmed could exclude them — and asked staff to draft redlines for consideration at the December meeting; any approved changes would take effect in January.

The chair also raised a question about Section 8 of the rules, which allows rehearing requests to be filed in writing within 15 days; the board asked staff to seek legal guidance about the rehearing process and the required voting threshold for granting a rehearing.

The meeting ended after a short list of other housekeeping items and a motion to adjourn by Mr. Seier, seconded by Mr. Joy.

Votes at a glance - Approval of October 21 minutes: Motion by Mr. Shire; second by Mr. Mills; approved by voice vote. - TMS 025-00-05-036 (Terry Truesdale): Motion to grant by Mr. Mills; second by Mr. Mello; approved by voice vote. - TMS 180-14-02-006 (Jason Smith): Motion to grant by Miss Burbage; second by Mr. Sires; approved by voice vote. - TMS 233-02-10-051 (Dina Lopez): Motion to grant by Mr. Shire; second by Mr. Mills; approved by voice vote.

What happens next Staff will prepare proposed rule redlines on nominating procedure, officer appointment timing, and electronic participation for the board to review at its December meeting. Staff will also consult legal counsel on the rehearing process described in Section 8 of the rules.