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Hilton Head Island BZA grants variance to remove 36-inch live oak at 12 Heath Drive
Summary
The Board of Zoning Appeals granted a variance allowing the removal of a single 36-inch live oak at 12 Heath Drive after staff presented findings of fact and the applicant provided arborist reports; Palmetto Dunes mitigation rules will apply, the board voted unanimously.
The Hilton Head Island Board of Zoning Appeals voted to grant a variance permitting removal of a single 36-inch-diameter live oak at 12 Heath Drive.
Brian Eber, the town’s principal planner, told the board that a recent change to the Land Management Ordinance (LMO) removed a prior exemption for specimen trees on single-family lots and that staff lacks a formal recommendation standard for these cases. Eber summarized staff findings of fact, stating the tree has grown from approximately 24 inches to about 36 inches in diameter and now encroaches on the house (roughly 3 inches from the first-floor soffit and 8 inches from the second-floor soffit). He said a certified arborist recommended removal for safety reasons.
The applicant’s representative, John Watts, a contractor for the homeowners, said the owners are out of state and supplied two certified-arborist reports, including one from Palmetto Dunes, supporting removal. Watts said he has worked for the owners since 2012 and that the specific tree ‘needs to come down.’
Board members asked whether mitigation would be required. Eber said mitigation will be governed by the Palmetto Dunes PUD rules the property falls under and that, for a 36-inch specimen, mitigation commonly requires planting four replacement trees or two larger trees to meet mitigation requirements.
A motion to grant the variance was made and seconded after discussion over how to incorporate the staff findings into the legal conclusions. The roll-call vote resulted in unanimous approval; the board recorded the decision to grant the limited variance to remove the single specimen live oak. The board’s action was limited to removal of that one tree; no broader changes to the lot were approved.
The town’s staff report cited LMO §16-6-104(f)(2)(a) and the general variance criteria the board must apply when determining unnecessary hardship. The record notes certified-arborist documentation supporting the removal and Palmetto Dunes’ internal mitigation process will apply.
The board moved on to a second variance request after concluding this matter.
