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Board upholds zoning administrator on streetscape-buffer placement for Hadley Springs subdivision
Summary
The board voted 5–3 to uphold the zoning administrator's interpretation that a Type C streetscape buffer must be placed between the public right-of-way and parcels, rejecting the developer's appeal that an access easement configuration met the ordinance's intent.
In a closely divided 5–3 decision on Nov. 10, the Horry County Zoning Board of Appeals upheld the zoning administrator’s interpretation regarding the location of a Type C streetscape buffer for the proposed Hadley Springs subdivision on Dogwood Road.
Developer counsel Rob Shelton and engineer Bruce Robinson argued the proposed buffer — located between a public access easement and the house lots — satisfies the ordinance’s intent to provide a visual transition between the road and dwellings and that sewer and water easement constraints prevent relocating the fee-simple buffer closer to the right-of-way. Staff maintained the code requires the buffer to be planted within fee-simple open space between the lot and the street. After discussion about interpretations and whether alternative designs could meet both drainage/water easement needs and the streetscape requirement, a motion to uphold the zoning administrator carried on a 5–3 vote.
The board’s action means the zoning administrator’s interpretation stands; staff and the developer were directed to proceed with the design-modification process if further adjustments are needed to comply with land-development regulations.
