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Board grants variance to remove 36‑inch live oak at 12 Heath Drive, defers mitigation to Palmetto Dunes
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Summary
The Hilton Head Island Board of Zoning Appeals voted to grant a variance allowing removal of a 36‑inch-diameter live oak at 12 Heath Drive, with mitigation to follow Palmetto Dunes owners‑association requirements. Staff noted recent Local Maintenance Ordinance (LMO) changes left no specific staff criteria for these requests.
The Hilton Head Island Board of Zoning Appeals on a unanimous vote granted a property‑owner request to remove a 36‑inch live oak at 12 Heath Drive, concluding the removal would not substantially harm the character of the neighborhood and that mitigation will be handled through the Palmetto Dunes owners association.
Town principal planner Brian Eber told the board the parcel (Beaufort County parcel R52001600A01320000) is a developed single‑family lot in Palmetto Dunes and that the specimen tree originally measured about 24 inches in diameter and has since grown to roughly 36 inches. Eber said the tree’s canopy and trunk now encroach on the building envelope and that an arborist classified the risk as high with an “imminent likelihood of failure,” citing damage to portions of the structure and the tree base.
The variance sought relief from LMO §16‑6104(f)(2)(a), which limits specimen‑tree removal except in specific circumstances. Eber told the board the town’s recent LMO change removed clear staff criteria for specimen‑tree variance recommendations, so staff presented factual findings and asked the board to make the legal determination.
Applicant representative John Watts, who said he has served as the owners’ contractor since 2012, told the board removal was necessary because the tree had grown into the house. Watts said two certified arborists had provided opinions and that Palmetto Dunes had reviewed the plans. "This one needs to come down," Watts said.
Board members asked about mitigation. Eber said Palmetto Dunes requires replacement plantings typically equating to four smaller live oaks or two larger specimens, and that the town often defers to a PUD’s mitigation strategy within gated communities. One board member moved to approve "based on the findings of fact" and the board adopted the motion after a second and roll call.
The decision closes this variance; the town record shows the applicant will coordinate with Palmetto Dunes and town staff on required mitigation and any necessary approvals.
The board concluded the item and moved to the next agenda matter.
