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Board grants variance for Mill Creek Road property after land swap clarification
Summary
Kathy Martin told the Oconee County Board of Zoning Appeals she plans an equal land swap to correct a decades-old boundary issue at 354 Mill Creek Road; the board approved variance VA26000005 to address a side-setback encroachment, with the applicant to record documentation and receive a letter from staff.
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Kathy Martin asked the Oconee County Board of Zoning Appeals on July 27 to approve a variance to correct an old boundary problem after a land swap that will place part of her dwelling back on her parcel at 354 Mill Creek Road (TMS 324-00-02-019). Martin said the swap is intended to "make it right" after an historical survey gap and that she and the neighbor had agreed to exchange small parcels to straighten the line.
During the hearing Martin said the swap is an equal exchange and that surveyor Glenn Hart had already corrected the boundary in the field; neighbor Matthew Griffith spoke in support, saying he had no objection "as long as the land swap is, that's what we're doing." Board members asked whether the swap would eliminate the variance need; staff and members explained that because the dwelling currently sits near the property line a variance is still required to regularize the encroachment. The board voted unanimously to grant the variance, finding the conditions were longstanding and remedial; staff said the applicant would receive a follow-up letter with recording instructions.
Martin described the property history as an inheritance matter and said she had not had the land surveyed until after probate; the board noted the change reflects a long-standing nonconforming situation created decades earlier and characterized the request as a reasonable remedy.

