BZA denies variance to allow sunroom to encroach on 20-foot rear setback in Homecoming (East Edisto)

The Dorchester County Board of Zoning Appeals voted May 27 to deny a request to build an attached sunroom that would encroach roughly 10 to 10.5 feet into the 20-foot rear setback required under the Homecoming (East Edisto) form-based code (t2_3 transect).

Staff told the board the 20-foot rear-yard setback is a standard requirement across t2_3 lots in the Homecoming development and that the parcel in question is a standard rectangular t2_3 lot with no unusual encumbrances such as easements or wetlands that would create the state-mandated hardship needed for a variance. Staff recommended denial, warning that granting an exception could undercut the intent of the form-based code and create precedent for similar lots.

Daniel Pesia spoke for property owner Richard Miller and said the owners purchased the home intending to add a sunroom and that there is substantial open space behind the house; Pesia said neighbors on either side had been supportive and that the owners would be willing to reduce the sunroom footprint if necessary.

Neighbors and members of the public reiterated concerns about precedent and drainage. Tommy Fagan argued that allowing the encroachment would prompt others to seek similar exceptions and could increase impervious surfaces and flood risk in the development.

Committee member S3 moved to deny the variance, citing the lack of a unique hardship and that the 20-foot setback was established by the builder; the motion was seconded and the board voted to deny the request. The chair announced the motion carried and the variance was denied.

At the same meeting the board also agreed to defer an Edisto Electric transmission-substation buffer item to the June meeting at staff’s request, and staff reminded members about an online continuing-education opportunity on June 11 that provides 1.5 of the 3 hours required annually for appeals-board training.