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After contentious debate, Newberry County BZA allows Lake Murray fence to remain
Summary
Following lengthy testimony about a mediated settlement and a county survey showing a 47-foot encroachment, the board granted a variance allowing a privacy fence at 1209 Newberry Shores to remain. The decision followed debate over mediation compliance, ordinance definitions, and whether to postpone pending a county text amendment.
A dispute over a privacy fence near Lake Murray ended with the Newberry County Board of Zoning Appeals granting a variance to keep the fence at 1209 Newberry Shores Drive on Feb. 3.
Greg Pierce, the property owner, told the board he built the fence after seeing many neighbors do the same and said he spent about $40,000 on the installation. "There's nothing in this $40,000 fence that's offensive to anybody," Pierce said, urging the board to delay action until county council clarified the ordinance.
Opposing counsel Ben Bruner, appearing for Gary Ginn, said the issue had been the subject of court-ordered mediation and a mediated settlement agreement that required the county to commission a survey. Bruner said the county survey showed a 47-foot encroachment into the 50-foot setback from the 360-foot contour of Lake Murray and argued the mediation agreement called for removal of the encroaching section. He warned that granting a variance could breach the settlement.
County administrator Joni and staff confirmed the county obtained a survey as called for by the mediation. Staff advised the board the matter must be decided under the existing ordinance; a county text amendment that may change whether fences are treated as structures was still pending before council and not yet effective.
Board members debated postponement, fairness, enforcement across the lakeshore, legal risk from breaching the mediated settlement, and possible compliance timeframes (30 days, six months). After reviewing the five findings required under section 153.052(c), the board voted to grant the variance allowing the fence to remain. The transcript records the motion and an announcement that "Mister Pierce, your appearance has been granted," but does not record a full roll-call vote by name.
The decision may prompt additional legal action by parties who raised mediation and settlement issues during the hearing; county staff indicated further administrative follow-up would be recorded.
