Tega Cay board denies variance for pergola at 929 Rocky Point Lane

The City of Tega Cay Board of Zoning Appeals unanimously denied a variance request on May 29, 2025, that would have allowed a pergola to encroach 2.84 feet into the rear-yard setback at 929 Rocky Point Lane. The motion to deny passed 5-0.

Amy Jo Denton, chairperson of the Board of Zoning Appeals, introduced Case No. 01-25 under the Zoning Code, Article X, Section 19-184, and called on staff to present the findings of fact. Staff summarized the case and Denton administered the oath to parties wishing to testify.

The applicants, Robert and Deborah Cox, presented their request for a variance to permit a pergola encroachment of 2.84 feet into the rear-yard setback. No members of the public spoke in support or opposition.

Board members questioned staff and the applicants and then evaluated the request using the five-prong hardship test referenced in the zoning code. The board recorded these votes: Question 1 (extraordinary or exceptional conditions) — yes, 5-0; Question 2 (conditions peculiar to the property) — yes, 5-0; Question 3 (conditions not resulting from the applicant's actions) — yes, 5-0; Question 4 (the ordinance would effectively prohibit or unreasonably restrict use) — no, 3-2 (failed); Question 5 (variance would not cause substantial detriment to adjacent property or the public good) — yes, 5-0. Because at least one required factor (Question 4) did not pass, the board moved to deny the variance.

Vice Chair nominee Dirk Tanis Jr. made the motion to deny; Michael (Mike) Tullos seconded. The board approved the denial 5-0, formally denying the variance request for 929 Rocky Point Lane. The board did not record any conditions or alternative directions to staff regarding the application.

The board cited the five-prong test and the recorded votes as the basis for its decision. The meeting adjourned at 7:20 p.m.