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Board allows homeowner to remedy garage that encroached into private drainage easement after survey error
Summary
Board granted a variance and authorized corrective options for a garage built in 2021 that encroached roughly 2.5 feet into a private drainage easement after the owner relied on a misleading plat; Horry County stormwater said drainage would not be affected.
A Horry County property owner who built a 20-by-50-foot garage in 2021 received the board’s approval on Nov. 10 to either cut back the building or relocate it after a county inspection found the foundation encroached about 2.5 feet into a private drainage easement.
Counsel Rob Shelton told the board the owner obtained a plat and a permit but that a subsequent survey showed the building overran the easement because the house sits farther back on the lot than earlier records indicated; he said obtaining recordable releases from nine neighbors for the private easement would be impractical. Applicant Frank Mammy told the board he would either cut off a corner of the concrete foundation or move the whole building after the board’s decision. Horry County stormwater provided a letter saying the structure did not impact the drainage ditch.
The board voted to approve relief on the basis of extraordinary circumstances related to a misrepresentation on a survey and to allow the owner to pursue the least-damaging corrective option.
