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Board approves small setback variance for Wilson Drive carport
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Summary
The Dorchester County Board of Zoning Appeals voted to approve a variance allowing an accessory carport to encroach slightly into a five-foot side-yard setback at a Wilson Drive home. Staff had recommended denial; the board cited neighborhood support and site constraints in its approval.
The Dorchester County Board of Zoning Appeals voted to grant a variance Feb. 25 allowing an accessory carport to encroach slightly into the five-foot side-yard setback at a Wilson Drive residence. The application was filed by Sam Agnew on behalf of the property owner.
County staff had recommended denying the request, citing the standards in Section 10.4.0.21 f and noting that alternatives exist that would avoid encroaching on the required setback. Staff also flagged that authorizing a variance could set a precedent for neighboring properties and impair the ordinance’s intent.
At the hearing, Sam Agnew said the property’s rear and south sides are prone to flooding and that placing the carport on the north side—adjacent to an existing slab and driveway—would reduce flood exposure and improve parking access. "We're trying to upkeep it ... and instead of putting an aluminum carport out where it floods, he's trying to do something nice," Agnew said.
Board discussion focused on the exact amount of encroachment and how eave overhangs are measured. The applicant stated an on-site measurement of about 22.5 inches into the setback; staff noted the submitted plan showed a 4.8-foot clearance from the exterior wall to the property line (which implies roughly 0.4 foot of encroachment) and cautioned that eaves can affect setback calculations. The board did not reconcile those measurements at the dais and recorded no direction to re-survey before the vote.
Committee member (S8) moved to approve the variance, citing frequent flooding on the opposite side of the house, a letter from the adjacent neighbor indicating no objection, and examples of other nearby properties with similar encroachments. Committee member (S3) seconded the motion. The board approved the request by voice vote; no opposing votes are recorded in the transcript.
The board did not adopt a separate condition requiring a new survey in the motion, but staff had recommended clarifying the exact setback and eave dimensions in any approval to avoid a return appearance.
