Aiken board grants variance after as-built survey finds setback encroachments

The Aiken Board of Zoning Appeals on May 22 granted a variance for property at 126 English Oak Lane Northwest to allow an approximate 8.9-foot side-yard encroachment and an approximate 25.4-foot rear-yard setback, after an as-built survey discovered measurements that did not match the approved site plan.

Staff told the board the building permit and site plan had been approved in 2023 but construction did not begin until 2025; an as-built survey prepared for a prospective buyer revealed that the structure encroaches into the side-yard setback and that the rear-yard calculation—based on 20% of average lot depth—was not caught during plan review. Planning staff noted the city does not require pre-construction or as-built surveys before issuing building permits, and the encroachment was identified only when a buyer-ordered survey was performed.

"My guess is it wasn't calculated," planning staff said when asked why the average-lot-depth rear-yard rule was not applied during the 2023 review. Board members debated responsibility and the possibility that additional procedural checks might be added during future UDO (Unified Development Ordinance) updates to avoid similar oversights.

The applicant was not present; a representative, McDonald, said she works for the owner and confirmed she could not answer detailed construction questions. A motion to approve application 26-930007 was made, seconded and the board voted unanimously to approve; the final order will be recorded at the Aiken County Register of Deeds.

Board members raised questions about whether the planning department should require pre-construction surveys to reduce future applications for the same issue. Staff and members agreed to consider whether UDO updates or administrative process changes should be proposed to help prevent similar errors in the future.