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Board grants 21-foot lakefront setback variance for new house at Lakewood Drive
Summary
The Newberry County Board of Zoning Appeals approved a variance to allow a new house at 340 Lakewood Drive to be built 29 feet from Lake Murray's high watermark instead of the required 50 feet, citing lot constraints and septic placement; a neighbor objected, warning of precedent.
The Newberry County Board of Zoning Appeals on May 5 approved a variance allowing a new house at 340 Lakewood Drive to be sited 29 feet from Lake Murray's high watermark, a 21-foot reduction from the 50-foot setback required by county code.
Katie, county planning staff, told the board the applicant, Chad Counts, had provided a plat and surveyor markers showing lot dimensions and that the septic system location, property lines and a power pole limited buildable area. "He's looking at needing a 21 feet variance to be 29 feet from the high water mark," Katie said during her presentation.
The request drew a neighbor objection. Rocky Smith of 878 Lakewood Drive said he had opposed similar requests in the past and warned that approval would set a precedent: "So, I don't wanna see a can of worms opened up here for anybody else," Smith said, noting previous applicants had been denied for similar reasons.
Applicant Chad Counts responded that site constraints drove the request. "We gotta have room for the house and a second. If you see the top left corner, there's a power pole there," Counts said, adding that storm damage had altered pole placement and that the house would need to be moved closer to the lake to accommodate the septic system.
During deliberations the board reviewed the five factors in Section 153.052(c)(1—6) of the county code, recording concurrence that extraordinary conditions and hardships particular to the parcel existed and that authorization would not substantially harm adjacent properties or the district character. After those findings, a board member moved to grant the variance, a motion was seconded and the board approved it by voice vote.
Chair noted an administrative waiting period before finalization. "I think you have to wait 30 days, right, Katie?" the chair said; Katie indicated she would address the timing with the applicant. The board did not record a roll-call tally; the motion was approved following the board's unanimous concurrence on the required findings.
The approval allows Counts to proceed with permitting steps subject to any required waiting period and standard building and septic approvals.
